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UNCLAS STATE 009032 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KDEM PHUM
SUBJECT: INSTRUCTIONS FOR UNIVERSAL PERIODIC REVIEW SESSIONS 
 
¶1. (U) Summary: This cable is an action request for 
Mission Geneva to share U.S. views and suggested questions 
and recommendations for the upcoming UN Human Rights 
Council's (HRC) Fourth Universal Periodic Review (UPR) 
Session, to be held February 2-13.  The HRC's Fourth UPR 
session will include a review of the human rights records 
of sixteen countries.  Please see paragraphs 4-18 END 
SUMMARY. 
 
 
ACTION REQUEST 
--------------------------------------------- ------- 
 
¶2. (SBU) Mission Geneva is instructed to share with 
like-minded allies the text of the statements, questions 
and recommendations in paragraphs 4-18, and urge that 
countries consider asking these or similar questions of 
countries during the appropriate UPR sessions. [Note: 
questions on Bangladesh will be forthcoming. End Note] 
 
¶3. (SBU) Mission Geneva is requested to emphasize 
questions on Russia, China, Saudi Arabia, and Cuba, due to 
concern with human rights records in these four countries 
as presented in paragraphs 4-18. 
 
QUESTIONS AND RECOMMENDATIONS 
--------------------------------------------- -------- 
 
¶4. (SBU) Russia 
 
* The Russian President recently signed into law changes 
to the Constitution extending presidential and 
parliamentary periods of service, and limiting the rights 
of citizens to trial by jury. As a result, jury trials for 
certain serious offenses, including treason, espionage, 
terrorism, and hostage-taking have been eliminated. The 
government has also proposed legislation which would 
expand the definition of treason to include "activity 
against the security of the Russian Federation, including 
its constitutional order, sovereignty, territorial and 
state integrity."   In light of public opposition to these 
changes, including from the Public Chamber, and the 
extremely broad and vague definitional scope of that 
criminal offense, please explain how these changes are: a) 
indicative of the public will and thus the government's 
accountability to its citizens; and b) consistent with the 
Russian constitution.  In addition, how would the proposed 
definition of treason remain compatible with international 
criminal law related to due process or to freedoms of 
assembly, association and expression? 
 
--Recommendation:  We are pleased that President Medvedev 
has requested the draft legislation be redrafted and 
recommend the Russian government consider the drawbacks to 
moving forward with the proposed legislation to expand the 
definition of treason as it would represent an 
institutional setback to rule of law and democratic 
development, improperly expand the scope of criminal 
liability by virtue of the law's vagueness and 
overbreadth. 
 
* Journalists and Human Rights Defenders in Russia, in 
particular those trying to uncover corruption, 
malfeasance, and other crimes, continue to function under 
the threat of retaliation (including death) in trying to 
uncover corruption, malfeasance, and crimes.  How is the 
Government of Russia ensuring freedom of expression in 
Russia?  What steps are being taken to ensure journalists 
are not subject to administrative, legal or other 
harassment, and to put a stop to violence against 
journalists?  How does the Government of Russia plan to 
actively investigate, prosecute and punish those who are 
mounting these attacks on the freedom of speech? 
 
--Recommendation:  We recommend the Russian government 
move expeditiously and transparently according to due 
process on unresolved past murders of journalists, such as 
Anna Politkovskaya, and Paul Klebnikov as well as the 
recent murders of human rights lawyer Stanislav Markelov 
and journalist Anastasiya Baburova and to take positive 
steps to reassure journalists and civil society that they 
may pursue their peaceful activities without fear of 
retaliation. 
 
* What is the Government of Russia doing to ensure that 
alleged abuses in the separatist regions of South Ossetia 
and Abkhazia in Georgia currently under its control are 
being prevented, investigated, and/or prosecuted?  What 
plans does the Government of Russia have to allow 
international monitors to investigate the alleged abuses? 
 
--Recommendation:  We recommend that international 
monitors be given full access to the conflict areas, 
including Abkhazia and South Ossetia, to enable a fuller 
picture of the situation and investigate alleged abuses by 
all parties, to monitor the ceasefire agreement, safeguard 
the people, and facilitate the safety and voluntary return 
of IDPs.  We further recommend that Russia stop blocking 
access to South Ossetia and Abkhazia for the observers. 
 
¶5. (SBU) China 
 
Statement:  We welcomed China's making permanent in 
October the temporary liberalized rules for foreign 
journalists reporting in the lead-up to and during the 
Olympic Games.  We look forward to seeing China's National 
Action Plan on Human Rights, which China announced would 
be issued in 2009.  We trust that the plan will represent 
a sincere effort by China's leaders to implement 
constructive solutions to address the topics under 
discussion today. 
 
* What is the Chinese government doing to ensure that all 
legal and administrative proceedings against persons 
alleged to have participated in violent acts during the 
spring 2008 protests in Tibetan areas of China are 
conducted in a manner that is both transparent and 
consistent with Chinese law and international human rights 
norms?  Why have such proceedings remained closed to 
international observers? 
 
--Recommendation:  We recommend that China provide a full 
accounting of the status of persons detained in connection 
with the protests and of all legal and administrative 
proceedings that have taken place to date, and conduct the 
ongoing and future proceedings in an open and transparent 
way that is consistent with international norms. 
 
* China's State Secrets Law is very broad and it is often 
unclear what actions it covers.  In addition, actions can 
be designated in violation of the State Secrets Law 
retroactively.  Is China considering taking steps to 
clarify and narrow the scope of its State Secrets Law as 
recommended by the UN Working Group on Arbitrary 
Detention? 
 
--Recommendation:  We recommend China clarify and narrow the 
scope of the State Secrets law and end retroactive provisions of 
that law. 
 
* China has never provided a full accounting of those 
killed or missing as a result of the violent suppression 
of the Tiananmen demonstrations in 1989.  Will China 
provide these numbers now that the twentieth anniversary 
of those events is approaching?  How many Chinese citizens 
are still in prison for Tiananmen related activities? 
 
--Recommendation:  We recommend that China provide a full 
accounting of those killed, missing or imprisoned as a 
result of the events at Tiananmen and release all those 
still imprisoned for non-violent Tiananmen related 
activities. 
 
* At the conclusion of the Special Rapporteur on Torture's 
visit to China, Mr. Nowak made numerous recommendations.  What 
actions have been taken to implement those recommendations? 
 
--Recommendation:  We recommend China provide a report to 
the Special Rapporteur on the implementation status of his 
recommendations. 
 
* What is the Chinese government doing to make it easier 
for independent religious believers to express and 
practice their religious beliefs freely and without state 
interference?  Specifically, when will religious groups 
that are unaffiliated with one of the state-sanctioned 
Patriotic Religious Associations be permitted to register 
and obtain legal status independently? 
 
--Recommendation:  We recommend that China allow all 
religious believers freedom to express and practice their 
faiths as they choose and permit unaffiliated religious 
groups a clear, transparent, and fair process for 
registering and obtaining legal status. 
 
* China signed the International Covenant on Civil and 
Political Rights in 1998 and at the time indicated that it 
would ratify the covenant "soon."  Ten years have now 
passed.  What does China consider to be the major 
obstacles to the Covenant's ratification and when does 
China think they may be overcome?   Is there a timetable 
for ratification? 
 
--Recommendation:  We recommend that China ratify the 
ICCPR as soon as possible or outline what the specific 
reasons are for not doing so. 
 
* What is the Chinese government doing to ensure the right 
to freedom of expression for domestic journalists, 
editors, and Internet bloggers who can face harassment, 
detention, and charges of subversion of state power or 
other crimes against national security if they freely 
express their political views or expose societal problems 
the government deems "sensitive." 
 
--Recommendation:  We recommend that China end harassment 
of journalists and internet bloggers. 
 
* What measures is the PRC taking to address the problem 
of forced labor, particularly in the brick kiln sector, 
and to prevent future problems? 
 
--Recommendation:  We recommend that China adopt an open 
and transparent code of labor that conforms to 
international norms and practices. 
 
¶6. (SBU) Saudi Arabia 
 
* Given the major judicial reform initiative announced in 
October 2007, what steps is Saudi Arabia taking to ensure 
that all citizens are provided equal access to justice? 
 
--Recommendation:  We recommend that Saudi Arabia set up a 
public defender / legal aid mechanism that provides free 
legal counsel to all capital defendants, juveniles, and 
others in need, such as women, foreigners, and the 
indigent; write a penal code to accompany the criminal 
procedure code; and set a minimum age of criminal 
responsibility. 
 
* What steps is the SAG taking to improve women's rights 
in the country? 
 
--Recommendation:  We recommend that Saudi Arabia pass a 
law specifically outlawing domestic violence and 
criminalizing any reprisal against women for reporting 
cases of domestic abuse or rape; launch a domestic 
violence public awareness campaign and strengthen the 
ability of HRC and NSHR to field complaints and respond to 
cases; issue decrees ending the need for a male legal 
guardian's written consent before an adult woman can work 
in the government or private sectors; end by decree 
consent for a woman's unaccompanied domestic and 
international travel; and, consider allowing women the 
right to run for municipal office and vote in municipal 
elections. 
 
* What steps is Saudi Arabia taking to build on the King's 
successful interfaith dialogue initiative to promote 
greater tolerance and respect for other religions inside 
the Kingdom? 
 
--Recommendation:   We recommend that Saudi Arabia take 
steps to end discrimination in employment through review 
of government employment in Shia-majority areas; include 
steps to end discrimination in the judiciary as part of 
King Abdullah's 2007 judicial reform initiative; end 
harassment of  individuals for privately or publicly 
worshipping; and permit all personal religious materials 
to enter the country. 
 
* What steps is the SAG taking to ensure better protection 
of foreign workers' rights, particularly the enforcement 
of criminal laws against those who abuse foreign domestic 
workers? 
 
--Recommendation:  We recommend ending the sponsorship 
system;  including migrant domestic workers under the 
labor law; and, creating specialized labor courts with 
language services and expedited trials to provide better 
access to justice. 
 
* What steps is the SAG taking to allow local and 
international human rights organizations the ability to 
operate within the country? 
 
--Recommendation:  We recommend passage of an NGO law that 
provides the basis for local NGOs to legally operate; 
issuance of  a standing invitation to UN Special 
Rapporteurs; and Allowing international human rights 
groups to visit the country. 
 
* What specific policy changes have been implemented over 
the past several years to ensure that detainees and 
prisoners are not subject to torture and physical abuse in 
prisons? 
 
--Recommendation:  We recommend implementing written, 
public standards prohibiting torture and physical abuse by 
all law enforcement representatives in all prisons and 
conducting anti-torture and human rights training among 
all branches of the security forces. 
 
* What recent legislation or other policy changes have 
been implemented to ensure that bloggers, journalists, and 
other authors of online content are protected for their 
peaceful expression of views? 
 
--Recommendation:  We recommend enacting a law protecting 
freedom of expression via the Internet and refraining from 
arresting persons who post items critical of the 
government on Internet websites. 
 
* How has/how will the SAG deal with incidences of 
violence and discrimination based on accusations of 
"witchcraft"? 
 
-- Recommendation:  We recommend eliminating laws 
criminalizing witchcraft and sorcery. 
 
¶7. (SBU) Cuba 
 
* The Government of Cuba announced in December 2007 that 
it would sign, ratify and implement the International 
Covenant on Civil and Political Rights as well as the 
International Covenant on Economic, Social, and Cultural 
Rights by January 2009.  What plans does the Government 
have to ratify those treaties?  In the interim, what steps 
has the Government of Cuba taken to meet its obligations 
under those two covenants? 
 
Why does the GOC continue to punish persons disseminating 
the U.N. Declaration on Human Rights?  Does the GOC intend 
to allow its citizens to know, discuss and disseminate the 
tenets of the Covenant on Civil and Political Rights and 
the International Covenant on Economic, Social and 
Cultural Rights as well as the U.N. Declaration on Human 
Rights?  What explanation can the GOC provide for 
forbidding its citizens to be aware of, read, discuss or 
distribute U.N. human rights documents in particular those 
human rights documents to which the Government of Cuba has 
announced it will become a party?  Can Cuba state for the 
record the penalty for distribution or possession of 
copies of the Universal Declaration of Human Rights?  What 
happens to Cuban citizens detained while in possession of 
such human rights documents?  Can the GOC produce police 
records and employment history of individuals detained 
over the past five years for possession of such documents? 
 
--Recommendation:  We recommend the Cuban government 
demonstrate its commitment to human rights by implementing 
the agreements that they have made and ensuring that the 
human rights of its citizens are respected.  We also 
recommend that the U.N. coordinate with Cuban civil 
society and the Cuban Government to assist in the 
development and implementation of domestic human rights 
policy. 
 
* According to Amnesty International, Cuban authorities 
are holding 62 prisoners of conscience; international 
press and other credible NGOs put the figure at 210.  What 
explanation can the GOC give for holding any prisoners of 
conscience?  Has the GOC considered granting amnesty to 
the persons imprisoned in the 2003 crackdown on 
journalists known as the "Black Spring"? 
 
--Recommendation:  We recommend that the Cuban government 
immediately and unconditionally release all prisoners of 
conscience. 
 
* Amnesty International also cited continuing problems 
with arbitrary detention and the jailing of dissidents on 
the basis of laws against "social dangerousness."   In 
2004, the U.N. Commission on Human Rights (UNCHR) and the 
Inter-American Commission on Human Rights (IACHR) reported 
that judicial proceedings for persons detained under that 
charge are summary and unfair.  What safeguards, if any, 
have been put in place by the Cuban government since 2004 
to ensure that Cuban citizens are afforded fair trials 
consistent with international standards and that those 
imprisoned unfairly are unconditionally released?  What 
precisely constitutes "dangerousness" in Cuban law and how 
can the everyday citizen know in advance of his or her 
vulnerability to the charge?  What compensation does the 
Cuban Government give to those persons wrongly charged 
with "dangerousness" and subsequently released, if there 
are any instances of such? 
 
--Recommendation:  We recommend that the Cuban government 
immediately review the cases of more than 5,000 persons 
imprisoned for "dangerousness" and release all persons 
imprisoned for disagreeing with their government.  We 
recommend that Cuba end the practice of incarcerating or 
otherwise harassing Cuban citizens of "dangerousness" 
through arbitrary arrest. 
 
* There were multiple reports that Cuban authorities 
impeded Cuban citizens from meeting together for peaceful 
purposes, including by detaining or jailing dozens of 
individuals who intended to participate in commemorations 
of the adopting of the Universal Declaration of Human 
Rights.  What is the Cuban Government doing to ensure 
compliance with freedom of assembly? 
 
--Recommendation:  We recommend that the Cuban government 
respect the basic rights of its citizens and return to 
them the freedoms they have been denied and to which the 
Government of Cuba subscribed when becoming a signatory of 
the various human right s documents under discussion 
today. 
 
* News reports also recently indicated that Cuban 
authorities banned Cuban citizens from meeting together to 
discuss Internet blogging.  Can the GOC explain why it 
took extraordinary measures to prevent its citizens from 
communicating on that topic and what criteria it uses to 
control communication among Cubans and between Cubans and 
the rest of the world on the Internet and how that 
practice complies with international human rights?  What 
plans does the GOC have to make Internet use and access 
easier for Cuban citizens, and protect freedom of 
expression on the Internet? 
 
--Recommendation:  We recommend that the Cuban government 
respect the basic rights of its citizens and allow them 
freedom to communicate and receive information without 
governmental interference. 
 
 
¶8. (SBU) Mexico 
 
* In January 2008, the Secretariat of Defense (SEDENA) 
created the General Directorate for Human Rights to 
promote greater respect for human rights and to address 
complaints by public entities and international 
organizations. Despite these efforts, reports of human 
rights abuses by military force members continue and 
Mexico's military provides little information about 
efforts to prosecute these abuses.  In July 2008, the 
National Commission for Human Rights (CNDH) made eight 
recommendations to SEDENA specifically regarding human 
rights violations (wrongful deaths) committed by military 
personnel that SEDENA had acknowledged and was 
investigating.   What efforts has the GOM undertaken to 
prosecute past abuses both in the terms of dismissals and 
convictions?  What is the GOM doing to prevent abuses by 
military personnel in the future? 
 
--Recommendation:  We recommend that the GOM seriously 
consider the CNDH's recommendations and enforce due 
process and appropriate action.  The GOM should publicly 
respond to all recommendations to promote transparency and 
accountability.  All violations committed by military 
personnel or any other federal employees should be fully 
investigated and prosecuted as appropriate.  Reports of 
the outcome of these proceedings should be made public, 
again to promote transparency and accountability. 
 
* The GOM has issued statements supporting freedom of the 
press and freedom of information and in 2006 established a 
Special Prosecutor for Crimes against Journalists. 
Nevertheless, in 2008, at least six journalists were 
killed and three disappeared; separately, a television 
station was attacked just several weeks ago.  Many 
reporters, particularly from outside of Mexico City, 
covering the various organized criminal organizations and 
associated corrupt public officials acknowledge practicing 
self-censorship out of fear of retaliation. How many 
prosecutions and convictions has the Special Prosecutor 
for Crimes against Journalists produced since his office 
was created in 2006 and why hasn't it produced more?  What 
is the GOM doing to protect journalists and dissipate the 
climate of fear contributing to self-censorship in the 
media? 
 
--Recommendation:  We recommend that the GOM expedite the 
ongoing investigations into crimes against journalists, 
enforce due process, and ensure that the perpetrators are 
held accountable.  We encourage the GOM to publicly 
denounce and repudiate all violence and intimidation 
against journalists and provide them with protection as 
appropriate so that media owners, editors and journalists 
can safely exercise their freedom of expression as 
established under the constitution. 
 
* Mexican federal law had already established that "no 
confession or information obtained by torture may be cited 
as evidence."  In June 2008, President Calderon signed 
justice reform legislation that inter alia denies 
probative value to any confession not made directly before 
a judge.  Nevertheless, human rights organizations are 
concerned that "torture remains a systematic, generalized, 
and unpunished practice.  According to CNDH, torture 
complaints have increased from four in 2007 to twenty-one 
in 2008.   How many investigations has the GOM opened on 
cases of torture and what have been the results in terms 
of convictions and sentences.  What steps is the GOM 
taking to ensure that torture is no longer used to extract 
signed confessions? 
 
--Recommendation:  We recommend that the GOM investigate 
and prosecute all cases of torture guaranteeing the fair 
administration of justice. The GOM should continue to 
implement preventive measures against torture. Training in 
the Istanbul Protocol (which contains guidance on 
investigating and documenting torture) should be mandatory 
for all security forces, all government officials, state 
employees and detention center employees.  We also 
recommend that the GOM promote a safe environment for 
victims to denounce violators and serve as witnesses in 
subsequent legal proceedings without intimidation or 
retaliation. 
 
¶9. (SBU) Djibouti 
 
* Despite recent improvements, Djibouti's human rights 
record remains poor.  Human rights groups have cited the 
following problems, insufficient political pluralism, 
arbitrary arrest and detention, harsh prison conditions, 
executive branch influence on the judiciary, corruption, 
interference with privacy rights, and restrictions on 
freedom of the press, assembly, and association.   What 
steps is the Government of Djibouti taking to address 
systematic abuses? 
 
--Recommendation:  We recommend that the government 
further build the capacity of the Office of the 
Ombudsperson to enable the government to more effectively 
address its chronic human rights abuses. 
 
* Djibouti held legislative elections in early 2008, and 
is scheduled to hold a presidential election in 2011. 
Opposition parties boycotted the 2008 legislative 
elections, as well as the last presidential election in 
¶2005.  What steps is the government taking to promote 
multi-party democracy and to strengthen popular 
governance?  What is the status of the government's 
decentralization plan, launched in 2006? 
 
--Recommendation:  We recommend that the government form a 
permanent national electoral commission, and continue 
transferring selected responsibilities and resources from 
the central government to regional and local community 
leaders. 
 
* In 2007, the government of Djibouti halted publication 
of the opposition newspaper Le Renouveau, and there are 
currently no opposition newspapers publishing in 
Djibouti.  How is the government of Djibouti currently 
working with journalists, press associations, and other 
nongovernmental organizations to ensure robust freedom of 
speech and of the press in Djibouti? 
 
--Recommendation:  We recommend that the government of 
Djibouti work with journalists and civil society to open 
space for a diverse range of voices in public debate. 
 
* In late 2007, the government of Djibouti promulgated a 
new comprehensive anti-trafficking in persons (TIP) law. 
What steps has the government taken to implement this law 
so that it effectively punishes traffickers, protects 
victims, and prevents trafficking crimes? 
 
-- Recommendation:  We recommend that the government of 
Djibouti devote high-level attention and resources to 
implementing the new anti trafficking in persons law.  Law 
enforcement officers, justice system officials, and social 
work personnel should receive training in how to detect 
and prosecute traffickers, prevent trafficking, and 
protect and rehabilitate victims.  The government of 
Djibouti should collaborate closely with nongovernmental 
organizations and civil society to provide needed services 
to victims. 
 
* What programs and policies has the government of 
Djibouti put into place to fight corruption in the public 
sector?  How has the government supported the work and 
independence of the Chamber of Public Accounts and Fiscal 
Discipline and the State Inspectorate General? 
 
--Recommendation:  We recommend that the government of 
Djibouti ensure that auditing institutions have sufficient 
resources, independence, and political backing to carry 
out their responsibilities effectively. 
 
* What steps has the government of Djibouti taken to halt 
the practice of female genital mutilitation? 
 
--Recommendation:  We recommend that the government of 
Djibouti continue its aggressive public education campaign 
against female genital mutilation. 
 
¶10. (SBU) Mauritius 
 
 
Comment: We commend the Government of Cameroon on 
increasing anti-corruption efforts as part of Operation 
Epervier.  We particularly note the increased arrests of 
high-profile ministry officials in March 2008. 
 
* The government has made significant strides in reforming 
the judiciary, and addressing the rights and protections 
of women and children;  however, little progress has been 
made in the security force's treatment of suspects and 
detainees.  What is the government doing to improve the 
training of security forces in the handling of suspects 
and detainees? Is the government seeking to prosecute 
those individuals? 
 
--Recommendation:  We recommend that the government 
further add a human rights component to the training of 
its security forces to more effectively address its 
chronic human rights abuses. 
 
¶11. Canada 
 
* What steps is Canada taking to resolve the outstanding 
backlog of aboriginal land claims? 
 
--Recommendation:  We recommend that through the June 2008 
legislation to create land claim tribunals, the government 
expedite the processing of land claims cases. 
 
* What efforts is Canada making to ensure that federal and 
provincial human rights legislation does not limit freedom 
of expression and opinion for writers, authors, and 
journalists? 
 
--Recommendation:  We recommend that Canada's federal government 
should review its human rights legislation with a view to 
creating clearer, stricter, and more consistent criteria for 
accepting complaints.  This federal criteria could be adapted as 
a model for provincial and territorial governments to modify 
their separate legislations. 
 
* What steps is Canada taking to better coordinate anti- 
trafficking law enforcement efforts among national, provincial, 
and state authorities? Trafficking cases are currently 
prosecuted on the provincial level, but appear unconnected to a 
broader national strategy to fight human trafficking. 
 
--Recommendation:  We recommend that Canada should develop a 
national anti-trafficking action plan that would apply at the 
federal provincial and territorial level? 
 
* Similarly, what is Canada doing to step up prosecutions of the 
large number of Canadians reportedly engaging in child sex 
tourism abroad? 
 
--Recommendation:  We recommend that the government more 
aggressively undertake prosecutions of child sex tourism cases 
involving Canadians both in Canada and abroad. 
 
¶11. (SBU) Malaysia 
 
 
* The People's Volunteer Corps (RELA) is a civilian corps that 
conducts raids and detains suspected illegal immigrants. In 
2005, the government empowered RELA to bear arms, stop and 
demand documents, and arrest and enter a premise without 
warrant, if they have reasonable belief that any person is a 
terrorist, undesirable person, or illegal immigrant.  Reported 
abuses by members of RELA included rape, beatings, extortion, 
theft, pilfering homes, destroying UNHCR and other status 
documents, and pillaging refugee settlements. Has the government 
prosecuted or disciplined RELA members who have committed human 
rights abuses?  How does the government exercise control over 
this force? 
 
--Recommendation:  We recommend prosecuting and disciplining 
RELA members who have committed human rights abuses and 
institute a training regime for RELA. 
 
* Over the past year, there were numerous credible reports of 
Malaysian immigration officials' involvement of the trafficking 
of Burmese refugees at the Malaysia-Thai border.  What is the 
government doing to protect this vulnerable population, ensure 
that UNHCR has proper access to them, and prosecute those 
officials found complicit in this scheme? 
 
--Recommendation:  We recommend accession to the 1967 Protocol 
Related to the Status of Refugees.  Honor the right to seek and 
enjoy asylum enshrined in Article 14 of the Universal 
Declaration of Human Rights.  Allow UNHCR proper access to this 
population, including those unregistered asylum-seekers in 
detention.  Establish a system for providing protection to 
refugees.  Provide protection against the expulsion or return of 
refugees to countries where their lives or freedom would be 
threatened.  Conduct a full investigation of this situation, and 
prosecute government officers who are complicit in the 
trafficking of Burmese refugees.  Conduct capacity building 
activities to help implement the new anti-trafficking law. 
 
¶12. (SBU) Cameroon 
 
* Context for Mission Geneva only:  Presidential elections are 
slated for 2011 and the question remains about whether President 
Biya will run for a third term.  (Biya has served as President 
since 1982, but his election in multiparty elections in 1997 and 
2004 count as his first and second terms under the current 
constitution.)  Parliament passed a bill in 2008 to remove 
presidential term limits.  On December 30, 2008, President Biya 
created an Election Commission (ELECAM), which was intended to 
be independent, but which has been stacked with officials of the 
ruling party and does not include any prominent members of civil 
society. 
 
How does President Biya intend to gain credibility for his newly 
created Elections Commission when the media and the general 
public view it as inherently biased towards the ruling Cameroon 
People's Democratic Movement (CPDM) party? 
 
--Recommendation:  We recommend that in a manner consistent with 
the rule of law, reassess ELECAM 's composition  and consider 
expanding membership to include members of civil society and/or 
the political opposition.  Underscore commitment to ELECAM's 
independence and impartiality. 
 
* Context for Mission Geneva only: Despite having implemented a 
new penal code and making some progress, Cameroon's judicial 
system still does not protect basic rights and freedoms. 
Arbitrary arrest, long detention periods, and prison 
overcrowding remain problems.  Unofficial statistics show that 
prison overcrowding-which has resulted in scores of deaths-could 
be substantially reduced by allowing individuals to exercise 
their rights to bail pending trial. 
 
How is the GRC ensuring due process for those accused of 
committing a crime? 
 
--Recommendation:  We recommend that the government should allow 
individuals to exercise their rights to bail pending trial.  Not 
only will this reduce overcrowding in prisons, which has 
contributed to the deaths of inmates, allowing the exercise of 
this basic right will increase confidence in the Cameroonian 
judicial system. 
 
¶13. (SBU) Nigeria 
 
* President Yar'Adua identified the crisis in the Niger Delta as 
one of the top priorities for his administration.  Since the 
creation of the Ministry of the Niger Delta in September 2008, 
what steps has the Nigerian government taken to reach out to 
diverse stakeholders to create an inclusive process for 
resolving the conflict?  What has the government done to address 
allegations of state- or local level government involvement in 
the kidnapping of national and expatriate oil workers and 
general impunity for human rights abuses? 
 
-- Recommendation:  We recommend that the Yar'Adua 
administration's plan of action to implement the recommendations 
of the Electoral Reform Committee (submitted to President 
Yar'Adua in December 2008 ) be explicated well in advance of the 
2011 national elections. 
 
-- Recommendation:  We recommend that the Yar'adua 
administration's plan of action to implement the recommendations 
of the Electoral Reform Committee (submitted to President 
Yar'Adua in December 2008 ) be explicated well in advance of the 
2011 national elections. 
 
¶14. (SBU) Senegal 
 
* Last year the National Assembly and the Senate jointly amended 
the constitution to allow retroactive prosecution of genocide 
and crimes against humanity, and passed a law introducing new 
provisions in the Code of Criminal Procedure to define all the 
requirements for such prosecutions.  These legal provisions 
lifted the last obstacles to the prosecution of former Chadian 
dictator Hissene Habre (who has lived in exile in Senegal for 19 
years) on charges of torture and crimes against humanity. 
Authorities also appointed judges to investigate the Habre case. 
Despite these developments, the government announced in mid- 
October that Habre's prosecution could not take place without 
international donor funding.  What additional plans does the 
Government of Senegal have to ensure that a fair and transparent 
Habre trial is not delayed further, given its obligation under 
the Convention Against Torture and the 2006 AU request for 
Habre's prosecution? 
 
--Recommendation:  We recommend that the Government continue to 
actively engage with the international community on developing a 
strategy for allocating appropriate resources for Habre's 
prosecutions, and a strategic plan outlining remaining 
steps/benchmarks needed for the launch of a trial. 
 
* During the past 2 years, Senegalese journalists have worked 
under increased harassment and threats of retaliation from 
officials and security forces over articles and statements 
criticizing the government or uncovering corruption.  How is the 
Government of Senegal ensuring freedom of speech and press is 
protected in Senegal?  What steps are being taken to ensure 
journalists are not subject to administrative, legal or other 
harassment?  How does the Government plan to actively 
investigate, prosecute and punish those who have 
threatened/attacked freedoms of speech and press? 
 
--Recommendation:  We recommend that the Government of Senegal 
work with journalists and journalist associations as a means of 
opening dialog regarding protection of press freedom.  In 
addition, the Government should actively investigate and take 
concrete, punitive actions against security force members and 
government officials who openly threaten or physically attack 
journalists. 
 
¶15. (SBU) Jordan 
 
* In September, the King of Jordan signed the Law of 
Associations, restricting the activities of NGOs (Law of 
Associations) in Jordan.  In light of these restrictions, how is 
the Government of Jordan strengthening civil society? 
(Background:  The Parliament passed the NGO law (Law of 
Associations) in July, and the King signed it in September.  The 
law's regulations restrict NGO activities, including by, inter 
alia, making registration overly complicated; providing the 
relevant Minister excessive discretion to dissolve any society; 
requiring all societies to request permission from a relevant 
minister before accepting any contribution, grant or funding 
from non-Jordanian persons; allowing the relevant Minister to 
dissolve the Board of Directors of any society based on certain 
criteria; allowing the Minister inappropriate authority over 
operation of the societies; requiring disclosure of 
organizations' members' names; establishing eligibility 
requirements for founding and board members of a society; 
providing the authority to the Minister and the Council of 
Ministers to prevent any person from joining a society; and 
providing additional limitations on foreign organizations.) 
 
--Recommendation:  Civil society leaders sent a prioritized list 
of amendments to the recent regressive NGO law to Parliament on 
October 31st.  This new NGO law, which passed by Parliament in 
July and the King in September, has the potential to restrict 
NGO activities.  We recommend the Government of Jordan take 
measures to urge Parliament amend the law and grant civil 
society organizations greater freedom and independence from 
government oversight. 
 
* Honor crimes and domestic violence continue to be pervasive 
problems in the Kingdom.  What is the Government of Jordan doing 
to revise laws that allow for lenient punishment for "crimes of 
passion?" 
 
--Recommendation:  Honor crimes and domestic violence continue 
to be pervasive problems in the Kingdom.  We recommend revising 
the laws to mandate harsher punishments for so-called "crimes of 
passion." 
 
* The new press law mandates crippling fines to journalists 
convicted of libel.  How is the Government of Jordan expanding 
freedom of the media? 
 
--Recommendation:  The new press law mandates crippling fines to 
journalists convicted of libel.  The criminal code allows for 
jail time and lays down prison sentences in cases of 
"defamation," "insulting religious belief," and "promoting 
material stirring up sectarianism or racism."  The U.S. 
recommends that Jordan reform its laws in order to decriminalize 
press offences and guarantee journalists greater freedom of 
expression. 
 
¶16. (SBU) Bangladesh - questions forthcoming. 
 
¶17. (SBU) Germany 
 
* Germany remains a transit and destination country for men and 
women trafficked for the purposes of commercial sexual 
exploitation, and, to a lesser extent, forced labor.  In 
addition to women trafficked internally, victims also come into 
the country from Eastern Europe, Asia and Africa.  What measures 
is the government taking to address this continuing problem? 
 
--Recommendation:  We recommend that the government continue its 
cooperation with civil society and anti-trafficking groups, and 
ensure that law enforcement officials are trained to recognize 
trafficking victims and respond appropriately. 
 
* There are continued reports that minorities and non-ethnic 
Germans face societal discrimination and harassment.  The same 
is true for asylum-seekers and other vulnerable immigrant 
groups.  In 2007 alone, Germany's Federal Office for the 
Protection of the Constitution recorded 17,176 "politically 
motivated crimes" against minorities and immigrants.  What 
measures is the government taking to address the continuing 
problems of right-wing extremism and societal discrimination? 
 
--Recommendation:  We recommend that the government continue to 
support programs aimed at countering right-wing extremism and 
xenophobia, continue to carefully monitor the activities of 
extremist groups, and respond quickly and appropriately when 
hate crimes occur. 
 
* The Government made positive efforts to improve the 
integration of Muslims and other minorities into society, 
investigated and prosecuted criminal behavior by extremists 
directed at religious groups, and promoted tolerance education. 
Nonetheless, important religious freedom concerns remained with 
regard to the organization of Islamic instruction in schools; 
social and governmental (federal and state) treatment of certain 
religious minorities, notably Scientologists, Jehovah's 
Witnesses, and Muslims; and bans in certain states on the 
wearing of headscarves by female Muslim teachers in public 
schools.  What is the federal government doing to promote the 
equal treatment of religious groups and to enforce court 
decisions that protect the rights of minority religious groups, 
such as Scientologists, Jehovah's Witnesses, and Muslims, in 
some states? 
 
--Recommendation:  We recommend that the government demonstrate 
its commitment to protecting religious freedom for all religious 
groups, including those that are unpopular with some groups in 
society.  All "sect" filters and discriminatory language against 
Scientologists and other minority religious groups should be 
eliminated from government-sponsored websites and published 
materials. 
 
¶18. (SBU) Azerbaijan 
 
* On December 30, Azerbaijan decided not to renew the FM radio 
broadcasting licenses of Radio Liberty, Voice of America, and 
the BBC, effective as of January 1.  What is the government 
doing to allow the immediate resumption of broadcasting on FM 
radio by Radio Liberty, Voice of America, and the BBC? 
 
-- Recommendation:  We recommend that the government immediately 
allow broadcasts by all international broadcasting entities, 
including Radio Liberty, Voice of America, and BBC, consistent 
with its undertakings under Article 19(2) of the International 
Covenant on Civil and Political Rights, pending completion of 
negotiations to find a long-term solution to this issue. 
 
* Azerbaijan has scheduled a constitutional referendum for March 
18 that would eliminate presidential term limits among other 
things.  There have been reports that the authorities have 
interfered in the process of citizens gathering petitions in 
order to establish advocacy committees to participate in the 
debate on the referendum. There also have been reports from 
several regions that citizens who signed the opposition's 
signature sheets are being pressured into taking back their 
support.  What is the government doing to foster an unfettered 
and open debate on the March constitutional referendum and to 
make clear that all Azerbaijanis must be allowed to participate 
in the debate? 
 
--Recommendation:   We recommend that the government adopt a 
policy of zero tolerance for harassment or pressure on those 
seeking to participate in a debate on the constitutional 
referendum, regardless of their views on the proposed 
amendments.  It is important that the government make clear that 
all Azerbaijanis must be allowed to participate in this debate. 
CLINTON