OSCE WEEKLY HIGHLIGHTS: NOVEMBER 16 - 20, 2009

C O N F I D E N T I A L SECTION 01 OF 04 USOSCE 000264 SIPDIS E.O. 12958: DECL: 11/24/2019 TAGS: MARR OSCE PGOV PREL GG RU SUBJECT: OSCE WEEKLY HIGHLIGHTS: NOVEMBER 16 - 20, 2009 Classified By: Charge d'Affaires Carol Fuller for Reasons 1.4(B)&(D) CiO Discussion on Ministerial Preparations ¶1. (C) At the weekly CiO meeting November 17, which included for the first time Kazakh Ambassador and future PC Chair Abdrakhmanov, Greek Ambassador Marinaki emphasized the Chair's desire to adopt a Political Declaration at the December 1-2 Athens Ministerial. She acknowledged the Kazakh interest in including in the Declaration references to a planned high-level tolerance conference and the possibility of a summit next year. CDA Fuller replied we could accept mention of the tolerance conference but not any reference to a summit in the context of the Athens Ministerial. Urging a constructive approach, Abdrakhmanov indicated Astana had received a more favorable U.S. reaction to the summit proposal through bilateral contacts. Returning to the Ministerial documents, Amb. Marinaki felt a revitalized OSCE should at least be able to agree on a Political Declaration as well as a crisp, short declaration to support the Corfu Process (a first draft of which she privately shared with us prior to the meeting). We agreed, but observed that the informal discussion the Greeks hosted on the Political Declaration and the Corfu Decision demonstrated confusion and uncertainty about the likely shape of the process next year. Draft Declaration on CAT (Torture) Tabled with Near Unanimous Support / Russia Refuses Informal Discussions in the Human Dimension ¶2. (SBU) The UK/Germany/Denmark-sponsored Draft Ministerial Declaration commemorating the 25th anniversary of the adoption of the UN Convention against Torture and other Cruel, Inhumane or Degrading Treatment or Punishment (CAT) was tabled in the Human Dimension Committee (HDC) November 17 for general comments. There was near unanimous vocal support for the declaration with no pS dissenting. Most pS agreed that there would only likely be "a few edits" recommended. The Chair recommended holding an informal HDC meeting to discuss recommendations, but the Russian Federation (RF) once again refused to agree to "informal meetings" in the Human Dimension. The RF representative noted that even though informal negotiation meetings had been held in previous years leading up to the Ministerial Council, he continued to note that, "my country does not base its laws on precedence." He also asserted that his refusal was supported "legally" in the OSCE Rules of Procedure (Note: The Rules of Procedure only state that the Chairperson of "Informal Bodies" will prepare the agenda for meetings ) but nothing is included on the actual modalities of those meetings). With little over a week remaining before departure to Athens, consensus on this declaration remains uncertain. Ambassador Reeker Meets with Macedonian Permrep to OSCE ¶3. (SBU) On Nov 17 AMB Reeker, in Vienna to speak at a BCIU conference on Central and Eastern European competitiveness, met with Zoran Dabik, the new Macedonian Permrep to the OSCE. Dabik said that, despite financial constraints, Skopje viewed it as an important time to show seriousness in its relationship with Greece and as such would to send a substantial delegation to Athens for the OSCE Ministerial. Skopje is hoping it will be allowed a direct flight for its delegation as was the case with the Corfu informal ministerial. He seemed unsurprised that Bakoyannis had not made good on her promise to visit Skopje during her tenure as USOSCE 00000264 002 OF 004 CiO, and added that while Skopje was hoping for a bilateral meeting in Athens, Greek Alternate FM Droutsas had been noncommittal in his recent visit to Vienna. Dabik said December would be a key month for Macedonia with decisions on the name issue, EU visa liberalization and accession processes being made. AMB Reeker noted it would be of paramount importance to maintain an image of cooperation and constructiveness, regardless of what the outcome of these decisions might be. Dabik said Skopje had just made a request for a bilateral meeting with S in Athens and asked that USOSCE also bring this to Washington's attention. Macedonia Looking to Downsize Mission in Skopje in 2011 and Beyond 4.(SBU) In the Nov 17 meeting with AMB Reeker, Dabik said he had clear instructions from Skopje that one of his tasks in the OSCE was to work on downsizing and eventual closure of the OSCE mission in Skopje, starting with the 2011 budget, but this downsizing should be coordinated with increases in EU activity. These remarks confirmed statements made by the Macedonian delegation before Dabik's arrival. Dabik commended Head of Mission Jose Luis Herrero's stated plans to do a strategic assessment of the mission's activities during 2010 and said it had been far too long since such an assessment was made. AMB Reeker noted that rule of law issues, such as strengthening the judiciary, remain a priority and that building needed institutional capacity, an area in which the OSCE is still providing valuable assistance, takes time. He highlighted also that this compliments bilateral assistance, including that from the United States. Dabik agreed that OSCE focus should be on capacity building, but said he thought even now the mission is oversized, and disagreed with the way some ministries engaged with it, giving as an example the MOI's recent reliance on OSCE support for refurbishment of eight police training centers. Parliamentary Assembly Supports for OSCE Summit and Urges Cooperation ¶5. (U) During the November 19 Permanent Council, PA President, Joao Soares expressed support for an OSCE Summit during the Kazakh Chairmanship in 2010. Praising the Greek Chairmanship for establishing the Corfu Process for renewing dialogue on security concerns within the OSCE area, Soares said that while this forum offered a place for beginning the discussion of difficult challenges, a summit next year would "reinvigorate the OSCE." Russia strongly backed Kazakhstan on the summit proposal. In other parts of his address Soares underlined the Assembly's contributions to promoting dialogue on new security challenges. Soares also highlighted the PA's efforts to promote civil society engagement, but he clarified that civil society cannot supplant the work of elected officials. He commented that the involvement of parliamentarians in all areas of OSCE activities enhances the legitimacy and visibility of such undertakings. Reconfirming the PA's established position that the Assembly leads the OSCE's election observation process, he urged full observation of the 1997 Cooperation Agreement between the PA and ODIHR, while conceding that progress had been made over the past year. Soares called for increased transparency in the work of the OSCE voiced the PA's support for the OSCE field missions and for strengthening them. Soares also expressed regret over the closure of the OSCE mission in Georgia and said the OSCE had failed to meet its responsibility to respond to the Georgia crisis. USOSCE 00000264 003 OF 004 Passionate Debate over Hate Crime Draft Decision Continues ¶6. (SBU) The third lengthy discussion of the hate crime DD in the HDC on Nov 18 produced little progress albeit much discussion. The question of how to define hate crimes generated attention from most delegations, the majority speaking out in favor of including protected characteristics in line with the Matthew Sheppard Act, with the Holy See in stern opposition and Russia unwilling to commit. The U.S. compromise proposal to use a statement of fact instead (including the new characteristics) may prove decisive. The UK received wide support for its text pushing for pS' cooperation in countering incitement to violence on the Internet. Denmark seconded US reservations, prompting the UK to agree to further editing before the next meeting. Additional proposals by the Ukraine, Georgia, Canada and Turkey were met with contradictory interventions from Russia and Belarus suggesting a strategy to prolong or derail the process. The U.S. tabled a preambular paragraph drafted with the help of the ATU which reaffirms the link between hate crimes and conditions conducive to the spread of terrorism. Azerbaijan Rejects Outside "Interference" in Bloggers Case ¶7. (SBU) Azerbaijan rejected what it termed "direct interference" in the internal affairs of Azerbaijan at the November 19 Permanent Council meeting. Azerbaijan considers the statements by the U.S. and EU, which emphasized procedural irregularities in the investigation and trial of youth activists Emin Milli and Adnan Hajizade, to be "an attempt to pressure the judiciary." The Azerbaijani Ambassador reassured pS that the facts of the case had been proven on the basis of a thorough investigation and an open and fair trial. He was supported by Ambassador Azimov of Russia, who cautioned pS to not be "overly hasty" in passing judgment, and to recognize that Azerbaijani authorities know best how to maintain law and order in their country. "If people have broken the law, they must be harshly punished," Azimov concluded. Energy Security Decision Hitting RF Roadblocks ¶8. (SBU) In a meeting initiated by the RF with Greece, Slovakia, and the US on Nov 20 the RF said that Moscow does not view the current DD on energy security as worthwhile and likely to kill it if major rewriting is not made. The RF delegate presented this group with a much streamlined version of the DD that replaces a tasking to the SG with mention of a possible OSCE event (conference) and removes mention of a working group of experts that Slovakia and Germany in particular are fond of. The RF text, while more concise than the current DD, omits much of what the EU wants and could even be viewed as a weakening of the 2006 Brussels MCD on energy security dialogue. Separately, a member of Sweden's delegation expressed outrage to poloff that the Greeks had held such a meeting without the EU presidency and said it could reinforce images from previous ministerials of the RF and US cutting deals to the detriment of EU goals. In the EED the RF continues to firmly oppose the DD on Security Implications of Climate Change, and Greening the OSCE has been withdrawn by the Greeks due to majority opinion that its substance does not merit a MCD. The DD on Future of the EED gained consensus in the EEC on Nov 20 and will most likely be passed to the Prepcom before Athens. Consensus is also likely to emerge early next week on the DD on Migration Management. USOSCE 00000264 004 OF 004 Australia welcomed as potential new Asian Partner ¶9. (SBU) The Ambassador of Australia attended a meeting of the Asian Partners Group on November 20 as a guest of the Finnish Chair of the Group. Ambassador Potts made a presentation on Australia's views on international security, emphasizing in particular Australia's contribution to stabilization and reconstruction in Afghanistan and developing the security architecture in the Asia-Pacific region. Potts stressed Australia's commitment to comprehensive security and praised the OSCE's work in the human dimension and on conflict prevention and resolution. Both pS and Partners responded positively to his presentation, and welcomed closer ties between Australia and the OSCE. Potts promised to relay the message back to Canberra, and indicated Australia will likely pursue partnership with the organization. FULLER