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C O N F I D E N T I A L SECTION 01 OF 06 PARIS 001446 
 
SIPDIS 
 
E.O. 12958: DECL: 01/01/2017 
TAGS: PREL FR EUN NGO PHUM UN
SUBJECT: FRANCE PROMISES A "MORE VOCAL" EU PRESIDENCY 
DURING THE 63RD UNGA; URGES USG TO REMAIN ENGAGED IN HUMAN 
RIGHTS COUNCIL 
 
PARIS 00001446  001.2 OF 006 
 
 
Classified By: PolMC Kathleen Allegrone for reasons 1.4 (B & D). 
 
¶1. (C) SUMMARY: State DRL and IO officials met with French 
MFA International Organizations and Human Rights officials on 
July 17 to discuss upcoming resolutions, declarations and 
strategy for the 63rd UN General Assembly in New York. 
French International Organizations A/S-equivalent Sylvie 
Bermann promised a "more vocal" French-led EU presidency 
during this year's UNGA.  She urged the USG not to disengage 
from the Human Rights Council (HRC) as doing so would only 
play into the hands of the worst offenders of human rights 
who remained on the Council.  The two sides outlined 
strategies to build successful coalitions to secure adoption 
of resolutions on Iran, Belarus, DPRK, Burma and Zimbabwe. 
The French did not support resolutions on Uzbekistan and 
Sudan in the 63rd UNGA.  The GOF said it would support an 
effort to pull together a cross-regional group to support a 
freedom of expression resolution.  They were skeptical about 
the ability of the EU to reach consensus on a prisoners of 
conscience resolution if the text differs much from that of 
the June EU-co-sponsored UN Declaration.  The EU also plans 
to propose a declaration on sexual orientation, which the 
U.S. side urged be tabled after all the resolutions are 
voted.  The EU also may table a resolution on the death 
penalty again this year, pending clarification on timing of 
an expected UN report.  The two delegations also reviewed the 
status of action on Eritrea and Uzbekistan, as well as 
thematic issues such as religious intolerance, violence 
against women, migrants, and the rights of the child. 
Additional issues discussed included UN special rapporteurs, 
UNGA presidency, burden-sharing, the appointment of a new 
OHCHR, EU posting at the HRC, and the UN Democracy Fund.  END 
SUMMARY. 
 
 
Background 
---------- 
 
¶2.  (SBU) DRL DAS Barks-Ruggles, IO DAS Rees and IO/RHS 
Director Keshap met with French MFA International 
Organizations Director Sylvie Bermann, Human Rights Director 
Jacques Pellet, and MFA Human Rights officers Emmanuel 
Pineda, Raphael Trapp, Cecile Vigneau, and Bernard 
Regnauld-Fabre at the French Ministry of Foreign Affairs in 
Paris on July 17. 
 
 
GOF: "More Vocal" EU Presidency; U.S. should remain in HRC 
--------------------------------------------- ------------- 
 
¶3.  (C) French MFA Director Bermann promised a "more vocal" 
French-led European Union (EU) presidency during the 63rd 
United Nations General Assembly (UNGA), especially on issues 
of human rights.  Bermann agreed with USG officials that 
while the atmosphere in the UN had been regressing on these 
issues, most notably after the recent Chinese and Russian 
vetoes of a UN Security Council (SC) decision on Zimbabwe, 
she believed the "time was now" to build a like-minded 
coalition with EU, USG, Group of Latin America and Caribbean 
Countries (GRULAC) and Francophone countries (particularly in 
Africa) to counter Russia, China and their allies.  Bermann 
noted that the EU strongly believed the UN Human Rights 
Council (HRC), while not perfect, needs to be a primary focus 
for human rights in the UN system, not just the UNGA Third 
Committee.  She warned that by disengaging from the HRC, the 
USG would be "playing into the hands" of the most egregious 
offenders of human rights who sat on the Council.  Another 
benefit of the HRC, said Bermann, was the important role that 
international civil society and NGOs played in the human 
rights process in Geneva, which was not as strong as in the 
UNGA Third Committee.  She pointed to the UPR process as one 
place where this dynamic forced governments to work more 
closely with NGOs.  She believed the EU, USG and other allies 
would continue to benefit by this process in Geneva.  The 
U.S. delegation made the case for the U.S. decision to 
 
PARIS 00001446  002.2 OF 006 
 
 
disengage from the HRC. 
 
¶4.  (C) Bermann and Pellet agreed with the USG that more 
should be done to bring in certain African countries which 
historically side with their "block," towards more productive 
human rights policies.  Burkina Faso was cited as an example 
of country that took an important step on the UNSC vote to 
isolate Zimbabwe.  "Spoilers" of a more robust human rights 
agenda, such as Pakistan, Algeria and Egypt, continued to 
oppose USG and EU positions and to enlist counter-productive 
support from others.  Pellet and Bermann suggested that 
Washington use its influence on Pakistan to mitigate this 
problem. In addition to UNGA issues, Berman confirmed that 
two Universal Declaration of Human Rights 60th anniversary 
celebrations have been planned in Paris to be held in October 
and December of this year.  The October UN-sponsored event is 
slated to be a major NGO meeting planned at UNESCO with 
participation of approximately 2,000 NGOs.  The December 
anniversary celebration will also take place in Paris and 
will be sponsored by the Government of France, but the French 
MFA said details of the event are still being sorted out by 
President Sarkozy,s office.  UN Secretary General (SYG) Ban 
was planning to attend the December event.  Bermann also said 
the EU would appreciate USG attendance pre-UNGA for 
consultations in Brussels on September 1, as well as for a 
follow-on session in New York on September 4. 
 
 
UNGA Third Committee: Country Specific Issues 
--------------------------------------------- - 
 
¶5.  (C) State DRL and IO and French MFA officials discussed 
several country-specific issues on July 17.  While the EU 
COHOM believes pushing new resolutions on new countries would 
be extremely difficult, Pellet proposed the EU and USG 
concentrate on taking on one (rather than multiple) 
additional resolutions focused on crisis countries.  The 
following are GOF positions and/or responses on the issues: 
 
-- IRAN: Pellet affirmed that ensuring passage of the 
Canadian-sponsored Iran remained the most important priority 
for the EU at the 63rd UNGA.  The U.S. participants, while 
making clear that there is not yet a final USG decision on 
this or any other resolution, agreed that Iran is the top 
priority. 
 
-- BELARUS:  Pellet said the EU backs the USG position on the 
issue, and could agree to present the resolution to the Third 
Committee if the U.S. does not.  The U.S. participants, while 
making clear that there is not yet a final USG decision on 
this or any other resolution, agreed that Iran is the top 
priority. 
 
-- BURMA:  Pellet said the EU would run its resolution on 
Burma again this year.  If the EU were to run a resolution on 
Zimbabwe, it might ask the U.S. to take on the sponsorship of 
the Burma resolution -- something the U.S. participants said 
would be considered pending a decision on Zimbabwe. 
 
-- DPRK:  Pellet said the EU had also decided to run its 
resolution on DPRK, and hoped for U.S. support, which the 
U.S. delegation assured him the U.S. would do. 
 
-- SUDAN: The GOF and EU acknowledged that the first 
UNHRC-mandated experts group (December 2006, 4th Special 
Session of the Human Rights Council on the human rights 
situation in Darfur, "Decision S-4/101 adopted by the Human 
Rights Council") failed due to lack of cooperation by the 
Sudanese government.  The second UNHRC-mandated group 
composed of Special Rapporteurs (March 2007, 4th Session of 
the UNHRC, "Follow-up to decision S-4/101 of 13 December 2006 
adopted by the Human Rights Council at its fourth special 
session entitled 'Situation of human rights in Darfur'") 
likewise was unable to gain access to Sudan.   Pellet and 
Pineda said that during the second effort, Sudan followed 
 
PARIS 00001446  003.2 OF 006 
 
 
through with a limited number of measures, and that language 
in the rapporteurs' report was strong in pointing out human 
rights abuses.  For this reason Pineda said it was wrong to 
say that the HRC was not working when it came to Sudan and 
Darfur, something the U.S. delegation disputed given the 
desultory third UNHRC resolution on Sudan (June 2007, 5th 
Session of the UNHRC, "Follow-up to resolution 4/8 of 30 
March 2007 adopted by the Human Rights Council at its fourth 
session entitled  Follow-up to decision S-4/101, of 13 
December 2006 adopted by the Human Rights Council at its 
fourth special session entitled Situation of human rights in 
Darfur")and the fourth and final resolution on Sudan 
(December 2007, 6th Session of the UNHRC, "Human Rights 
Council Group of Experts on the situation of human rights in 
Darfur"), which failed to extend the mandate of the Group of 
Experts and failed to hold Sudan accountable for its weak 
implementation of that Group's recommendations. Regarding the 
July international Criminal Court (ICC) indictment of Sudan 
President Omar al-Bashir for genocide, Pellet said the EU 
understood the indictment but worried about possible 
retribution against UNAMID and humanitarian workers on the 
ground in Sudan and Darfur.  Pellet said he was under the 
impression that ICC judges would render a decision on the 
indictment sometime this October. The EU, said Pineda, would 
prefer to not have Sudan raised in the UNGA Third Committee. 
Pineda did concede that the EU should work on getting better 
support on the issue in the HRC from Algeria, Egypt, South 
Africa, Zambia, and Nigeria. 
 
-- ZIMBABWE:  Referring to the double Russia/China veto, 
Pellet said the GOF was disappointed in the failure of the 
Security Council to do something about Zimbabwe.  He said the 
EU COHOM on July 7th had decided that Mugabe's human rights 
abuses and destruction of democratic and economic 
institutions should be addressed somehow, but had not been 
able to reach a decision as to whether a Special Session of 
the HRC or action in the UNGA Third Committee would be 
better.  The EU strongly favored taking action on Zimbabwe 
over action on Sudan, and understood that the U.S. would view 
more favorably action at the UNGA Third Committee given our 
disengagement from the UNHRC. 
 
-- UZBEKISTAN AND CENTRAL ASIA:  Given the 2007 EU Central 
Asia Common Policy, Pellet said priority in the EU would 
focus on seeking improvements in the human rights situations 
in Kyrgyzstan, Tajikistan, and Kazakhstan, the latter in 
particular due to its upcoming 2010 OSCE Chairman in Office. 
He said the EU did not want a resolution on Uzbekistan at the 
UNGA because there would not be consensus among EU members, 
especially those governments which believe there has been 
some small improvements on the ground.  The GOF was sending a 
new ambassador to Tashkent who would attend an EU 
Ambassador's conference on July 28-29 during which he welcome 
an opportunity to meet the U.S. ambassador to Tashkent while 
in town (Note:  Embassy Paris has conveyed this information 
to EUR/SCA).  The EU challenge was to engage on promoting 
human rights in Uzbekistan without the complication of adding 
this to the HRC agenda.  The GOF supports further opening of 
the media in Uzbekistan.  The U.S. participants agreed that 
an Uzbekistan resolution was unlikely to garner wide support, 
but stressed the importance of a working in close 
coordination to press for greater progress on human rights in 
Uzbekistan, and to stop any backsliding.  The U.S. side 
stressed in particular the need for the GOU to grant full and 
permanent access for the ICRC to all detention facilities, 
release all political prisoners, address serious child labor 
concerns, and make progress on freedom of religion issues as 
first steps. 
 
-- ERITREA:  The GOF considers the situation in Eritrea 
bleak, said Pellet.  But before there could be any action in 
the UN system, the EU would need an assessment of EU 
relations with Eritrea, as well as an assessment of current 
African Union efforts there. 
 
 
PARIS 00001446  004.2 OF 006 
 
 
-- NEED TO VARY COUNTRY RESOLUTIONS: Pellet noted that some 
of the country-specific resolutions do not need to be run 
every year, and expressed a preference for bringing 
country-specific resolutions every two years in the absence 
of extraordinary circumstances so that the number and variety 
of resolutions could be increased. 
 
 
UNGA Third Committee: Thematic Issues 
------------------------------------- 
 
¶6.  (C) Several thematic issues were also covered during the 
July 17 meeting.  The following are GOF responses and/or 
positions on the issues: 
 
-- FREEDOM OF EXPRESSION:  Pellet noted that the GOF and EU 
considered a freedom of expression resolution timely, 
especially on the 60th anniversary of Universal Declaration 
of Human Rights.  Pellet advised building a multilateral 
coalition with others so the resolution did not appear as a 
joint USG/EU one.  He suggested asking friendly African Union 
(AU) and GRULAC members to not just co-sponsor but co-author 
the resolution.  While the final text may be a bit watered 
down, a real coalition might ensure its passage, he said. 
Pellet recommended that the coalition be constructed from a 
mix of nations from different regions as well, and number 
only around 10 to 12 countries total, so that not all 27 EU 
countries would appear to be dominating the coalition. 
Pellet noted it would be better to have one or two EU 
countries as co-sponsors for this reason, although 
consultations would be needed for EU backing and support of 
the resolution, and would depend on what was in the text.  In 
drawing parallels with EU strategy on the death penalty 
resolution in the 62nd UNGA, Pellet suggested the USG consult 
with NGOs on the resolution and recommended an NGO called, 
"Article 19" that worked exclusively on freedom of expression 
issues. 
 
-- RELIGIOUS INTOLERANCE:  Pellet indicated that the EU is 
still considering whether to run this resolution at the UNGA 
Third Committee or only at the HRC in Geneva.  The U.S. side 
urged that the EU run the resolution in New York and that it 
correct problematic amendments that had cropped up when the 
resolution was last passed in Geneva. 
 
-- PRISONERS OF CONSCIENCE RESOLUTION AT THIRD COMMITTEE: 
Pellet believed a prisoners of conscience resolution, if the 
text deviated too much from the Prisoners of Conscience 
Declaration that the EU co-table in New York in June could 
put the EU presidency in a "bad position," as several (he 
conceded one or two) EU countries would protest that the 
resolution was targeting Cuba.  The U.S. delegation noted 
that while no decision had been made, we were considering a 
resolution and would share further ideas and a draft text 
soon with the GOF. 
 
-- PRISONERS OF CONSCIENCE EVENT:  (NOTE: This successful 
event was held in the UN in New York on July 24 without EU 
co-sponsorship.  End Note.) There was an EU discussion at the 
July 7 COHOM about the upcoming prisoners of conscience event 
in New York, but no agreement was reached on co-sponsoring 
the event, he said.  Pellet suggested the EU would back the 
measure if it was proposed in Geneva instead of New York, as 
the EU believed the former was the "proper location."  To 
give the planned prisoners of conscience event more 
credibility, Pellet recommended the USG invite former 
prisoners and family members from places other than the most 
egregious abusers of human rights -- such as from Europe and 
other democratic countries -- as it would give the appearance 
that the exercise was not solely focused on Cuba, which was 
the main concern of a few EU members. 
 
-- DEATH PENALTY:  Pellet said he expects to receive a report 
from the UN in late September as called for in the EU-tabled 
death penalty resolution from the 62nd (2007) UNGA.  He said 
 
PARIS 00001446  005.2 OF 006 
 
 
the EU would table a "short technical resolution noting the 
report" at the upcoming UNGA -- not the long text from last 
year.  Forthwith, the EU had agreed it would table the death 
penalty resolution only every other year (e.g. 2008, 2010, 
2012, etc.).  When the U.S. delegation pointed out that the 
UN report upon which the EU intends to base its resolution 
would likely not be out until the spring or summer of 2009, 
as is standard practice, Pellet and his team were non-plussed 
and said they would look into the timing of the report.  The 
U.S. team pointed out that it is precisely this delay in 
reporting that necessitates running thematic resolutions 
every other year, and stressed to the GOF it would be better 
for the EU to wait until 2009 to consider running a death 
penalty resolution.  Pellet said he would look into the 
timing, and get back to the U.S. both on that issue and -- if 
the EU decides to proceed -- with a draft text. 
 
-- MIGRANTS:  Pineda noted that a resolution on migrants, 
authored by Mexico, might cause problems within the EU, 
notably in France, with the recently approved EU Immigration 
Pact. 
 
-- RIGHTS OF THE CHILD:  While there were still issues to 
work out on the language of the resolution within the EU, 
Pellet hoped a compromise could be made with the USG similar 
to what was done to accommodate the United Kingdom regarding 
the military recruitment age.  He promised to share a draft 
text with the U.S. delegation in the near future and asked 
for an assessment of what language we could accept.  He 
suggested the text could be framed around "illegal 
recruitment" of those under age 18, which would not adversely 
affect U.S. law.  Pellet said the GOF and EU would organize a 
forum on child soldiers on the margins of the UNGA on 
September 26, chaired by French Secretary of State in Charge 
of Foreign Affairs and Human Rights, Rama Yade. 
 
-- SEXUAL ORIENTATION:  France intends to take some action -- 
but not a resolution -- at the UNGA on abuse of human rights 
based on sexual orientation, and the EU is on board with the 
concept.  The EU will likely attempt a declaration -- 
something the U.S. delegation urged be done only after all 
the voting on country specific resolutions at the end of 
December.  Such a declaration would likely focus on the 
decriminalization of homosexuals as a follow-up to the 
Norwegian declaration to the HRC in Geneva in 2006, Pellet 
said.   The U.S. urged that any declaration focus on abuse of 
human rights and draw from the widely supported (including 
USG) text of the Norwegian declaration and the recent OAS 
declaration.  The U.S. delegation provided a copy of the both 
to Pellet.  He said the EU, with the support of Brazil and 
New Zealand, would work on securing co-authors and 
co-sponsors to present the declaration during the UNGA 
plenary session in December.  While the EU knew the 
declaration was controversial, the EU currently had the 
support of 50 countries and expects to have 54 soon.  The EU 
would share a draft text with the USG soon, he said. 
 
 
ADDITIONAL ISSUES 
----------------- 
 
¶7.  (C) Additional topics of discussion: 
 
-- VIOLENCE AGAINST WOMEN:  Pellet said the GOF, with 
involvement from the Netherlands and Belgium, believed that 
violence against women was a priority and was pleased to have 
joined in the one day session on this issue during the U.S. 
presidency of the UNSC in June. 
 
-- RAPPORTEURS: While HRC rapporteurs could be tough at times 
-- Pellet mentioned a meeting earlier in the year between UN 
rapporteur Mrs. MacDougal and MFA Secretary Rama Yade about 
minority rights in France that ended with MacDougal 
unexpectedly critiquing France at a press conference -- the 
GOF and EU would continue to work to get other countries to 
 
PARIS 00001446  006.2 OF 006 
 
 
be more accepting of rapporteurs and their missions. 
 
-- NEW UN HCHR: Regarding the selection of a new UN High 
Commissioner on Human Rights, Pellet believed SYG Ban clearly 
wanted a female candidate.  He noted the GOF did not think 
any of the three names on the "short list" were stand-out 
candidates.  Pellet noted that the EU had not yet 
collectively raised this sentiment with the SYG's office. 
 
-- BURDEN-SHARING AND NO ACTION MOTIONS: Pellet said he would 
consult with EU experts in New York to work out proposals for 
sharing lobbying and other responsibilities in connection 
with opposing no-action motions -- the critical votes for all 
the country specific resolutions and especially the Iran and 
Belarus resolutions.  He agreed that missions in New York 
should consult before August holidays on how best to garner 
support for all human rights resolutions at the UNGA. 
 
-- EU POSTING AT HRC PRESIDENCY:  Pellet said the EU plans to 
post a diplomat at the HRC presidency in Geneva in place of 
the current Swiss diplomat whose appointment expires this 
summer.  The EU would not have any specifics about potential 
candidates until September or October of this year. 
 
-- UN DEMOCRACY FUND:  Pellet and Pineda said the GOF did not 
want the selection of board members for the UN Democracy Fund 
changed in any way that would cause France to lose its seat. 
Pellet asked for USG help on this issue. 
 
¶8. (U) Minimize for Misk considered. 
Please visit Paris' Classified Website at: 
http://www.intelink.sgov.gov/wiki/Portal:Fran ce 
 
STAPLETON