SYRIA CALLS VOTE IN GA DURING CONFLICT DIAMOND RESOLUTION

UNCLAS USUN NEW YORK 001121

DEPT FOR AF/W, AF/S, NEA/IPA, EEB/ESC, L/EB, DRL/AE

SIPDIS, SENSITIVE

E.O. 12958: N/A
TAGS: PREL PGOV UNGA XA XY
SUBJECT: SYRIA CALLS VOTE IN GA DURING CONFLICT DIAMOND RESOLUTION


1. (U) SUMMARY: The General Assembly adopted the conflict diamonds
resolution on December 11, amidst rancor and confusion after Syria
called a surprise vote on language referring to Israel in the text.
The PGA failed to clearly articulate what the vote was about or
whether it was procedurally correct, resulting in a 45 minute
suspension of the meeting after voting had begun during which the
PGA sought a legal opinion from the UN. When the PGA re-convened
the session, he provided little explanation, declared the voting
resumed and then locked the voting machine before numerous
delegations including Israel, the U.S. and Canada had an opportunity
to vote despite multiple requests for clarification. After the
Syrian gambit failed the resolution was adopted by consensus. The
Syrian EOV, which the PGA cut short when the Syrian PermRep exceeded
the EOV time limit, questioned if Israel could serve as chair of the
Kimberly Process (KP) given the actions of an Israeli diamond
merchant detailed in the KP report on Cote d'Ivoire. END SUMMARY.

BACKGROUND
--------------


2. (U) In previous years, the GA plenary consideration of the
conflict diamond resolution, which acknowledges the UN's support for
the independent Kimberley Process (KP),has been non-controversial.
This year's negotiations were heated, however, since there was no
consensus on resolution language regarding Zimbabwe, Venezuela, and
Israel. With support from Iran and Syria, Venezuela and Zimbabwe
would not accept language noting the challenges each had in meeting
Kimberley Process standards during 2009. Venezuela announced that
it could agree to use language the chair had proposed during the
final round of negotiations. It said however, that if delegates
could not agree at that meeting, then the language would be dropped
altogether. Zimbabwe would not even consider the compromise text
proposed by South Africa. Iran and Syria pushed for using the
phrase "takes note" when referring to Israel assuming the KP chair,
instead of "welcomes." (NOTE: Historically, the new chairs and
vice-chairs have been "welcomed;" Israel agreed in 2008 to join
consensus on a resolution with the words "takes note" when it
assumed the vice-chair position. END NOTE). During the informal
meetings, neither Iran nor Syria proposed deleting all references to
"Israel" from the text. In a show of frustration and ignoring
appeals for additional consultations, Namibia, the chair of the
Kimberly Process, ended the last negotiating session by stating the
final draft would have no references to Venezuela or Zimbabwe and
would retain the language "takes note" of Israel as chair.


SYRIA CALLS A VOTE ON "ISRAEL" LANUGAGE
-------------- --------------


3. (U) Namibia, the EU, Botswana, Canada, and Israel made statements
during the abbreviated general debate. As Namibia introduced the
draft resolution, rumors circulated that Syria would call a vote to
delete the text that referred to Israel. The Jordanian delegate
alerted Member States to this fact. Many delegations, including
Namibia, tried to persuade Syria against such action. Nevertheless,
President of the General Assembly Treki announced that a vote had
been requested on the second half of paragraph 23, which read "and
takes note that the Process has selected Israel as Chair and the
Democratic Republic of the Congo as Vice-Chair of the Process for
2010." Treki's presentation created audible confusion on the floor
of the GA. Questioning the procedural legality, several
delegations, including Sweden, Israel, Jamaica, Peru, the U.S., and
Canada called for the PGA to explain the impact of the proposed vote
before the Assembly took action. Despite the repeated points of
order, Treki continued to try to conclude the voting, finally
stating "let's try to vote" after explaining that a "yes" vote
supported keeping the language in the resolution and a "no" vote
supported deleting the second half of para 23. In a point of order,
the U.S. requested a legal opinion at which point the PGA called a
15-minute break for legal consultations. (Note: Numerous
delegations pointed out that Treki's decision for a "suspension"
during voting procedure, as at least twenty recorded votes already
appeared on the electronic voting boards, violated the GA plenary
rules. Others contended that there could be no vote on a paragraph
in the text without a speaker's amendment being tabled. End note.)


4. (U) When the meeting resumed, the PGA tried again to complete the
voting process but was interrupted by the Syrian PermRep, who called
a point of order to clarify "a misunderstanding." He said that
Syria's request for a vote on the separate text pertained only to
the deletion of the words "Israel as Chair", which further confused
and stunned delegates. Without further notice, the PGA hastily
declared the voting complete and requested that the voting machines
be locked, with many delegations not voting. Responding to an
additional point of order from Egypt, the PGA said that the GA had
voted, as explained, on the original motion on the second part of
paragraph 23. The final outcome of Syria's requested vote was
90-6-18, so the text "taking note" of the new chair and vice chair
was retained in the final resolution. The U.S., Canada, and Israel
did not vote. The countries that voted no were the DPRK, Iran,
Lebanon, Libya, Somalia, and Syria. Treki then quickly gaveled
through the adoption of the resolution by consensus.



5. (U) Sweden on behalf of the EU, Canada, Switzerland, New Zealand,
Australia, the U.S. and Israel made EOVs that welcomed Israel as
incoming KP chair and expressed regret that the resolution did not
mention Zimbabwe's non-compliance with the Kimberley Process minimum
requirements. In Syria's EOV, the PermRep said Syria was against
appointing Israel as Chair of the KP because such a choice would
"promote a misunderstanding of the noble objectives contained in the
resolution's title." Citing a report by the KP Group of Experts on
Ctte d'Ivoire which had underscored the involvement of an Israeli
diamond merchant in the export of rough diamonds from that country,
Syria questioned Israel's suitability as chair. Venezuela made a
statement after the vote expressing "alarm" at the politicization of
the KP. (Note: Israel cited non-compliance by both Venezuela and
Zimbabwe in its remarks. End Note). Venezuela said the Process must
examine whether there is a conflict of interest between the incoming
Chair and the Process.


6. (U) In a right of reply, the delegate from Zimbabwe said that the
debate is a "charade" by countries deeming themselves guarantors of
the Process and that Zimbabwe is a victim. He said that diamonds
are smuggled out of Zimbabwe and into markets in Israel, Canada,
Antwerp, and the United States. He reminded members that if there
were no buyers in their countries, there would be no trade of
conflict diamonds.


7. (SBU) Comment: While the resolution was finally adopted by
consensus, there were lingering animosities over the Syrian
politicization of an issue in which it has no national interest, as
Syria is not a KP member. The Arab countries which abstained from
voting were Algeria, Egypt, Kuwait, and UAE. The Arab countries
which did not vote were Bahrain, Iraq, Jordan, Morocco, Oman, Qatar,
Saudi Arabia, Tunisia, and Yemen. Lebanon voted no with Syria. The
poorly articulated ruling from the Secretariat that it is
permissible to request a recorded vote on part of a paragraph could
set a precedent for future interpretation of GA rules. END COMMENT



RICE