UN ECONOMIC AND SOCIAL COUNCIL: COMMITTEE ON NGOS

UNCLAS USUN NEW YORK 000149

SIPDIS

E.O. 12958: N/A
TAGS: ECON PHUM USUN
SUBJECT: UN ECONOMIC AND SOCIAL COUNCIL: COMMITTEE ON NGOS

REF: STATE 7030


1. Summary and comment: At its regular session January
19-28, ECOSOC's Committee on Non-Governmental Organizations
(CNGO) recommended ECOSOC consultative status for 21 US.
NGOs. Action on the Democracy Coalition Project's
application was deferred until the Committee's next session
in May. The CNGO voted against the application of the
Associacao Brasileira de Gays, Lesbicas e Transgeneros
(ABGLT),but it was close and Brazil is likely to ask ECOSOC
to overturn the decision. The CNGO voted to recommend a
one-year suspension for the Arab Commission for Human Rights
(ACHR),an accredited NGO, based on a complaint filed by the
Algerian Government; but the U.S. delegation abstained as
instructed, saying the Committee did not have enough
information. The CNGO also suspended the application of the
Ethiopian Human Rights Council. The National Democratic
Institute for International Affairs withdrew its application
for ECOSOC status, complaining that the CNGO's application
process is,"non-transparent and inconsistent, and in our view
does not reflect the values of the United Nations." A U.S.
proposal to have the UN Secretariat check NGO applications
against the UN's al-Qaeda and Taliban sanctions list met
continued opposition from Cuba, Egypt, and Qatar, but remains
on the agenda of the CNGO's working group. End summary.


2. During the resumed session, the CNGO had before it 157
applications for consultative status, including 53 which had
been deferred from earlier sessions. Of those applications,
the CNGO recommended 64 for consultative status, deferred 86
for further consideration, and closed consideration of four
organizations. It did not recommend consultative status for
one organization and two organizations withdrew their
applications. The CNGO also reviewed the quadrennial reports
of 108 accredited NGOs, including 13 that had been deferred
from earlier sessions.

DEMOCRACY COALITION PROJECT


3. The U.S. delegation initially intended calling a vote
recommending approval of this long-standing application, but
decided at the last minute (with DCP's approval) not to do so
due to an anticipated close vote and the absence of one
delegation expected to vote in favor of DCP (Burundi) and the
wavering of a previously committed delegation (Qatar). The
Committee deferred action on the application until May. If
the application is approved then, ECOSOC will likely approve
it in July and nothing is lost, as formal ECOSOC approval of
the Committee's recommendations is required in any case for
accreditation to become effective.

ABGLT


4. The CNGO voted not to recommend consultative status for
the Associacao Brasileira de Gays, Lesbicas e Transgeneros
(ABGLT),but the vote was close. Egypt, which with other OIC
members of the Committee often votes against gay and lesbian
groups, recommended a procedural "no action" motion, but the
Committee rejected this by a vote of 7-9 ( U.S.)-2 The UK
then called for a vote on the recommendation to grant special
consultative status to ABGLT, but this was defeated 6
(U.S.)-8-4 The U.S. voted in favor of ABGLT's application,
as instructed (reftel). The supporters of the NGO, led by
Brazil (which though not a member of the CNGO is a member of
ECOSOC) will attempt to overturn the Committee's decision in
the annual ECOSOC meeting in July. Generally, ECOSOC is more
favorable to gay and lesbian NGOs than is the CNGO, and given
the close vote in the latter a reversal in the former is not
unlikely.

ARAB COMMISSION FOR HUMAN RIGHTS


5. The Government of Algeria had filed a complaint against
the ACHR alleging it had allowed a non-member of the NGO,
Rachid Mesli, to speak on its behalf during deliberations of
the Human Rights Council in June 2008 in Geneva, despite the
fact that the GOA had brought charges of association with a
terrorist organization against Mesli and a warrant for his
arrest is currently outstanding. Mesli, a former Amnesty
International "prisoner of conscience," lives in Switzerland
and enjoys refugee status there. Per instructions (ref. A),
the United States pushed for deferral of the matter on the
basis that the CNGO had not had time to gather all the facts.
When this deferral request failed, the U.S. as instructed
called for a vote on the recommendation of Peru to suspend
the NGO for one year. The CNGO voted to accept Peru's
recommendation 18-0-1(U.S.). At the end of the year-long
suspension, barring further complications, ACHR's
consultative status will be restored.


ETHIOPIAN HUMAN RIGHTS COUNCIL


6. The Committee suspended the application of the Ethiopian
Human Rights Council (EHRC). This NGO had registered
properly with the Ethiopian Government and then properly
applied to ECOSOC for accreditation. Between the time the
NGO applied and the time the CNGO reviewed its application,
however, the Ethiopian Government changed its laws regarding
the registration of NGOs. A new law states NGOs will not be
registered if they receive more than 10 percent of their
funding from outside of Ethiopia. Opponents of the EHRC
application argued that being properly registered with one's
own government is required by the CNGO's 1996 guiding
resolution. Once EHRC registers under the new law, they
argued, the CNGO will begin considering its application again
and the NGO will not have to re-apply. (We defer to Embassy
Addis Ababa to say whether EHRC will be able to qualify for
registration under the new law.)

NDI


7. The National Democratic Institute for International
Affairs was one of two U.S. NGOs to withdraw its application
from consideration. The other was African Action. NDI said
in a January 30, 2008 letter to the UN Secretariat that it
was withdrawing its application, pending for more than a year
and a half, because it had been subjected to arbitrary
questioning by the CNGO. It complained that the CNGO's
application process is "non-transparent and inconsistent, and
in our view does not reflect the values of the United
Nations."

VETTING NGO APPLICATIONS FOR TERRORIST CONNECTIONS


8. In the January 2008 session of the CNGO, the United
States succeeded in adding to the agenda of the Committee's
working group an agenda item, entitled, "Ways to ensure that
NGOs, being considered for consultative status or reviewed
for any other matter, are not involved in any international
criminal activity, including terrorism, as envisaged in
ECOSOC resolution 1996/31." The majority of CNGO members,
led by Cuba and Egypt, oppose this initiative, saying the
issue is outside the scope of the mandate of the CNGO and the
use of the UN's terrorist and criminal lists will be
prejudicial to Islamic NGOs because the main UN terrorist
list is the al-Qaeda and Taliban sanctions list maintained by
the 1267 Committee of the Security Council. During the
CNGO's resumed session in May-June 2008, Cuba, Egypt, and
Qatar tried to close debate on this matter in the working
group so they could claim the group had discussed the issue
without reaching a consensus. USUN, however, was able to get
the same agenda item added to group's 2009 agenda. The
working group met again during the current session with no
further progress, and opposition delegations are still
pushing hard to close this debate with no action.

OTHER NGO'S


9. Among the recommended NGOs were several U.S.-based ones,
including the Human Rights Education Association (HREA),
World Lung Foundation, Drug Abuse Resistance Education
America (DARE),Fairleigh Dickinson University, Congregation
of Our Lady of Mount Carmel - Carmelite NGO, Corporate
Accountability International, Friend of Africa International,
Campaign for Innocent Victims in Conflict (CIVIC),
International Center for Innovations in Civic Participation,
Girls Learn International, International Center of Medical
Colleges, Women's Bar Association of the State of New York,
and the Bar Association for International Governmental
Organizations. It should be noted that about one-third of
the total accredited NGOs are U.S.-based.


10. Fairleigh Dickinson University (FDU) had faced strong
opposition from several delegations, led by Egypt, who
questioned whether FDU met the definition of an NGO.
However, after an appearance before the Committee by an FDU
representative and an explanation by our delegation that
applicable resolution 1996/31 states clearly that any
organization that is not for profit and not run by a
government may be considered an NGO, the application was
approved by consensus.


11. The CNGO also recommended granting consultative status
to the Congregation of Our Lady of Mount Carmel - Carmelite
NGO. Carmelite had faced strong opposition from a couple
delegations, led by Egypt, who questioned whether a religious
organization could be accredited. However, after an
appearance before the Committee by a Carmelite representative

and explanation by the U.S. delegation that applicable
resolution 1996/31 states clearly that Carmelite was an
eligible NGO, the application was finally approved by
consensus.


12. Of the applications deferred until the May 2009 CNGO
session, there are several more U.S. NGOS, including the
Assyrian Academic Society, International Association of Women
Judges, International Reading Association, and the
International Center for Transitional Justice. Most of these
applications were deferred because a few Committee members
(often led by Egypt) posed numerous questions in order to
defer action on the applications of NGO's with which for a
variety of reasons they have disagreements.


13. The CNGO deferred action on the application of the
Australian NGO Muslim Aid Society (MAA). Australian
counter-terrorism police had raided the offices of MAA in
July 2008 on suspicion of channeling aid through the Islamic
organization INTERPAL, banned in Australia for its alleged
links to terrorism. (INTERPAL (Inter-Palestinian
Organization) is also on the U.S. Treasury Department's OFAC
sanctions list.) The Australian Ambassador, however,
addressed the CNGO and said the investigation by Australian
police into MAA had concluded and no charges were filed. MAA
is also allegedly involved with the NGO Union of Good, an
umbrella organization comprised of over 50 Islamic charitable
funds and foundations worldwide, which is also on the United
States' OFAC sanctions list.


14. The application of the U.S. NGO Women's Business
Development Center - Florida was closed without prejudice
because the NGO had not responded to three reminders from the
Committee to answer the questions the Committee had submitted
to it.


15. Comment: The CNGO's contentious sessions during the last
few years show the extent to which some members of the
Committee tend to make decisions based on political
considerations rather than the merits of the NGOs applying
for accreditation. This was particularly evident in the
actions of the delegations of Egypt and Cuba, but also, in
some cases, of Russia, China, Pakistan and Qatar. NDI's
criticism of the Committee (paragraph 7 above) has merit in
our view.
Rice