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