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Viewing cable 07STATE126089, DEMARCHE REQUEST - OSCE HUMAN DIMENSION

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Reference ID Created Released Classification Origin
07STATE126089 2007-09-07 21:53 2011-08-26 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Secretary of State
VZCZCXRO1613
PP RUEHAST RUEHDBU RUEHFL RUEHLA RUEHMRE RUEHPOD RUEHROV RUEHSR
DE RUEHC #6089/01 2502209
ZNR UUUUU ZZH
P R 072153Z SEP 07
FM SECSTATE WASHDC
TO RUEHAH/AMEMBASSY ASHGABAT PRIORITY 8475
RUEHTA/AMEMBASSY ASTANA PRIORITY 7616
RUEHKB/AMEMBASSY BAKU PRIORITY 5060
RUEHEK/AMEMBASSY BISHKEK PRIORITY 1443
RUEHCH/AMEMBASSY CHISINAU PRIORITY 7955
RUEHDBU/AMEMBASSY DUSHANBE PRIORITY 6430
RUEHSK/AMEMBASSY MINSK PRIORITY 9513
RUEHMO/AMEMBASSY MOSCOW PRIORITY 3900
RUEHNT/AMEMBASSY TASHKENT PRIORITY 9054
RUEHYE/AMEMBASSY YEREVAN PRIORITY 4215
INFO ORG FOR SECURITY CO OP IN EUR COLLECTIVE
UNCLAS SECTION 01 OF 07 STATE 126089 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PREL ECON OSCE
SUBJECT: DEMARCHE REQUEST - OSCE HUMAN DIMENSION 
 
 
1. (SBU) Summary and Action Request:  The OSCE will be 
conducting its Human Dimension Implementation Meeting (HDIM) 
from September 24 through October 5 in Warsaw.  The HDIM is 
an annual review of participating States, implementation of 
their OSCE commitments to human rights and fundamental 
freedoms.  The USG takes this exercise seriously and offers 
specific criticism and praise for the human rights 
performance of many countries.  As part of USG efforts to 
enhance our dialogue with those countries which we have 
criticized in the past, the Department requests that action 
addressees demarche their host governments on the upcoming 
HDIM and list (per the talking points below) areas where the 
USG plans to raise issues or would be prepared to recognize 
progress during the Warsaw meetings should the situation 
warrant.  The USG delegation this year will be led by former 
Ambassador Richard Williamson and will again include several 
public members as well as staff members of Congress, 
Helsinki Commission (CSCE).  End Summary and action request. 
 
2. (SBU) The annual OSCE HDIM meeting is a useful stock 
taking of countries progress, or lack thereof, in 
implementing their commitments to respecting human rights and 
basic freedoms -- including democratic elections and freedom 
of the press ) undertaken in the context of several OSCE 
conventions, including most recently the 1992 Helsinki 
protocol.  The USG delegation to Warsaw this year will be led 
by Ambassador Richard Williamson and include public members 
who will be able to speak to this year,s special topics: 
Roma/Sinti and gender aspects of security. 
 
3. (SBU)  As with past HDIM meetings, the USG delegation will 
be prepared to present a balanced assessment of OSCE 
participating state performance towards meeting their OSCE 
commitments.  To enhance the USG dialogue with OSCE members 
on these issues, the Department requests that action 
addressees engage with host governments on USG goals for the 
upcoming Warsaw meeting.  In particular, the Department would 
like to urge some of our OSCE partners to take specific steps 
in the weeks before the HDIM conference to show their 
commitment to working towards the OSCE standards.  The USG 
delegation will be prepared to recognize positive steps that 
countries have taken, allowing us, where warranted, to 
balance criticism with praise. 
 
 
4. (SBU) Action Request.  The Department requests that 
Embassies at action posts deliver the both the general and 
country specific points that follow. 
 
Begin General Talking Points: 
 
-  The USG is preparing carefully for the upcoming OSCE Human 
Dimensions meeting in Warsaw (September 24 ) October 5). 
 
- We take this event very seriously, and believe it can 
provide a useful opportunity for all OSCE participating 
countries to assess progress towards the commitments 
undertaken as OSCE members to guarantee human rights, and 
fundamental freedoms. 
 
- The USG hopes that your government will be well-represented 
at the conference. 
 
- The USG delegation to the conference will be prepared to 
make a balanced assessment of how the USG views the progress 
towards these shared commitments that all of our OSCE 
partners, including your government, have made. 
 
-  We would like to share with you some of the issues we are 
likely to raise.  Any information you would like to provide 
in advance of the meeting would be appreciated. 
 
- We would like to be able to raise positive examples of 
progress, not only areas where implementation is lacking.  We 
also would like to urge your country to take some specific 
actions in the weeks before the conference.  We would be 
prepared to recognize these actions at the conference. 
 
 
STATE 00126089  002 OF 007 
 
 
(Insert country specific points). 
 
6. (SBU) For Embassy Moscow: 
 
Background:  The USG is concerned that journalist Manana 
Azlamazyan is being singled out for harsh treatment because 
of her work at Educated Media Foundation (EMF), which at 
times has been critical of the government.  We want to urge 
the Russian Government to end its harassment of EMF and 
Manana Azlamazyan immediately and deal with it and other 
organizations in a fair and transparent manner that 
encourages, rather than hinders, the development of civil 
society and free media in Russia. 
 
Talking Points: 
 
- The USG is very concerned by the closures of independent 
media outlets, which has the effect of limiting citizens, 
access to information and is inconsistent with Russia,s OSCE 
commitments. 
 
- Your government has an obligation to create an environment 
that encourages the development of civil society and free 
media. 
 
- A specific action you could take prior to the HDIM would be 
to allow (Internews became EMF) the Educated Media Foundation 
to reopen, and to allow its journalists, particularly Manana 
Azlamazyan, to work unhindered. 
 
- We also plan to raise concern over limits on freedom of 
assembly that have taken place in the past year.  We 
understand that Other Russia plans to resume its marches of 
Dissent in September.  We urge the Russian government to 
allow for freedom of assembly and continue to ensure that 
these demonstrations are allowed to proceed freely and 
peacefully. 
 
7. (SBU) For Embassy Baku: 
 
Talking Points: 
 
- We are concerned about the deteriorating conditions for 
free media in Azerbaijan and will raise this at the HDIM. 
 
- We hope that you will publicly renew the 2005 moratorium on 
libel suits against journalists and media outlets by 
government officials and take steps to decriminalize libel. 
 
- We urge your government to develop an alternative dispute 
resolution mechanism that could be used in place of criminal 
libel charges. 
 
- A specific action you could take prior to the HDIM would be 
to release seven journalists from prison Eynulla Fatullayev, 
Sakit Zahidov, Rafig Taghi, Samir Sadagatoglu, Faramaz 
Allahverdiyev, Rovshan Kabirli, and Yashar Aghazade. 
 
- In addition, the upcoming 2008 presidential election 
presents an opportunity to strengthen Azerbaijan,s 
democratic process through further electoral reform.  We urge 
your government to publicly pledge now to fully adopt the 
recommendations made by OSCE/ODIHR and the Council of 
Europe,s Venice Commission. 
 
- Finally, civil society is an important of every country,s 
democratic development.  Any government initiatives in this 
vitally important area must strengthen, rather than hinder, 
the development of civil society.  We urge your government to 
formally adopt the United States, Guiding Principles on 
NGOs, as urged by the Assistant Secretary for Democracy, 
Human Rights and Labor in December 2006 and March 2007. 
 
- We understand the Presidential Administration recently met 
with EMC and we hope the issues relating to the registration 
of the organization can be resolved in before the HDIM 
sessions. 
 
- Work with international legal experts such as the OSCE 
Trial Monitors and ABA to improve due process in the trial of 
Farhad Aliyev and 18 others. 
 
 
STATE 00126089  003 OF 007 
 
 
8. (SBU) Talking Points for Embassy Chisinau. 
 
- We urge your government to implement the registration 
procedures in the new law on religions.  Under the new 
procedures, the government must register religious 
organizations or justify a refusal within 15 days. 
 
There were several religious organizations which were denied 
registration under the old procedures, without explanation. 
We urge you to register the True Orthodox Church, two Muslim 
organizations, and several Protestant denominations under the 
new procedures. 
 
- We also urge that you prevent local police from interfering 
with religious observances in public places, which are now 
legal under the new law on religions (with only notification 
to authorities required). 
 
9. (SBU) Talking points for Embassy Kyiv. 
 
- The 30 September elections will take place during the HDIM 
and are therefore likely to be discussed.  We hope that all 
sides will refrain from campaign activity that exacerbates 
regional, linguistic, or ethnic divisions.  We would hope 
that these elections will continue to build on the recent 
successes that Ukraine has had. 
 
10. (SBU) Talking points for Embassy Astana. 
 
Your country wants to chair the OSCE.  As we have said many 
times, the U.S. believes that the country holding the 
Chairmanship of the OSCE should exemplify the principles of 
the Organization, including developing democratic 
institutions and respecting human rights.  We continue to 
have many concerns about respect for human rights in 
Kazakhstan and will be raising these at the HDIM. 
 
Last month, Kazakhstan held important Parliament elections. 
Like ODIHR and the OSCE PA, we welcome indicators of progress 
such as inclusive candidate registration lists and extensive 
voter education, and the good cooperation extended to 
observers on election day. 
 
However, we share the observer missions, serious concerns 
about the conduct of the elections, including a lack of 
transparency in the vote count; preferential treatment of the 
ruling Nur Otan party; and limitations on the right to seek 
public office including a high threshold for representation 
in the Mazhilis. 
 
- Although your country did make some progress in recent 
structural changes to the government, we are concerned about 
the constitutional amendment giving President Nazarbayev the 
opportunity for unlimited terms; in contrast to other 
amendments that had considerable discussion, this was added 
at the last minute with no discussion. 
 
- The August 2006 decree requiring all Kazakhstani website 
domains to be registered in Kazakhstan likewise has had the 
effect of making it more difficult for independent voices to 
make themselves heard.  We urge its immediate rescission. 
 
-  We ask that your government facilitate an equitable 
resolution in the dispute between local authorities and the 
Hare Krishna commune near Almaty.  On June 15, local 
officials destroyed 12 homes, adding to the 13 homes 
destroyed in November 2006.  This gives the impression of 
persecution of a religious community. 
 
- One concrete action you could take prior to the HDIM would 
be to allow the National Democratic and International 
Republican Institutes to resume non-partisan political party 
training in Kazakhstan. 
 
(KZ Desk Note: U.S. Embassy and GOK signed an MOU on 8/17 
that will allow political party training to re-start in 
Kazakhstan.  The MOU has not yet been tested.) 
 
11. (SBU) Points for Embassy Bishkek. 
 
We applaud the parliament for passing and President Bakiyev 
for signing the law making KTR more independent.  We urge the 
 
STATE 00126089  004 OF 007 
 
 
government to follow through and implement fully this 
transformation. 
 
We continue to follow the development of the Kyrgyz electoral 
system.  The USG urges implementation of OSCE/ODIHR 
recommendations, including its recommendations to: 
 
a) Clarify and standardize election administration 
procedures; 
 
b) Enhance Election Commission transparency at central, 
regional and local levels by making all decisions in open 
sessions. 
 
c) End harassment of journalists, activists, and political 
opposition.  Investigate recent incidents of harassment, 
including those of Valentina Gritsenko, chair of 
Spravedlivost (&Justice8), and Edil Baisalov, formerly of 
the Coalition for Democracy and Civil Society. 
 
One concrete action that could be accomplished prior to the 
HDIM would be for the President to sign into law the bill 
already passed by Parliament which decriminalizes libel and 
slander. 
 
- We also continue to be concerned about the treatment of 
refugees in your country.  We ask that your government do 
more to ensure the safety of all registered refugees and 
fully investigate past disappearances, such as the five Uzbek 
asylum-seekers who went missing in July and August 2006. 
 
12. (SBU) Talking points for Embassy Dushanbe. 
 
We are concerned about continuing limitations on freedom of 
the media in Tajikistan.  We hope that the GOT will establish 
a transparent licensing process and grant licenses to all 
qualified independent media outlets seeking a license. 
 
There still is time prior to the HDIM for you to take the 
concrete step of licensing Internews, community radio 
partner stations. 
 
Freedom of religion is am important OSCE commitment that will 
be discussed at the HDIM.  The international community is 
concerned about the draft law on religion and religious 
association that is rumored to pass before the end of the 
year.  Independent analysis of the draft law says that it 
will greatly restrict freedom of religion.  We hope you will 
amend the draft law to international standards. 
 
- Recent forcible mosque closures have angered many in the 
Muslim community.  We encourage the government to register 
mosques and praying rooms so that everyone may have the 
freedom to worship. 
 
Bans on religious attire are both contrary to OSCE 
commitments to religious tolerance and, by creating a feeling 
of religious persecution, ultimately counterproductive in 
creating tolerance. 
 
The USG therefore urges that your government rescind the ban 
on wearing a Muslim headscarf inside educational institutions 
and reinstate any students expelled from schools for 
violating the ban. 
 
In particular, Davlatmo Ismoilova, filed a lawsuit against 
her university and the education ministry saying the ban 
violated her constitutional right to religious freedom and 
was expelled. She should be reinstated in her school. 
 
- The USG is concerned about the operating environment for 
non-governmental organizations.  The government should not 
hinder NGO registration and should stop harassment of civil 
society organizations.  A vibrant civil society signals a 
healthy investment climate and prosperous democracy. 
 
We continue to be concerned about conditions in Tajik 
prisons.  We urge you to allow International Committee of the 
Red Cross and Red Crescent (ICRC) to have access to all Tajik 
prisoners. 
 
- We also hope that you will take steps to end torture, 
 
STATE 00126089  005 OF 007 
 
 
including holding abusers accountable, monitoring police 
custody situations, limiting opportunities for torture and 
abuse, enforcing habeas corpus, and allowing access for 
lawyers and doctors to detention facilities. 
 
13. (SBU) Talking points for Embassy Ashgabat. 
 
-- As you are aware, the U.S. has made a special statement on 
Turkmenistan at the HDIM under &any other business8 for the 
past four years.  We plan to do so again, but this year would 
like to be able to welcome changes and progress made by the 
new government.  There is still time for your government to 
take several concrete actions that could be recognized 
publicly in Warsaw. 
 
- We are encouraged by President Berdimuhammedov,s 
announcement on August 24 that an interagency &Human Rights 
Commission8 is being established to coordinate work designed 
to bring Turkmenistan into compliance with its international 
human rights commitments, and we look forward to concrete 
work by this Commission. 
 
- We note your government,s recent decision to pardon 11 
high-profile prisoners.  We urge that your government 
continue to review and to release all political and religious 
prisoners including among many others: 
 
a) Mukhametkuli Aimuradov (political dissident, imprisoned 
since 1995) 
b) Tashli Esenov, group leader of the "Turkmengala" farmers' 
group collective 
c) Vyacheslav Kalataesky (unregistered Baptist) 
d) Geldy Kyarizov (former Chairman of the Turkmen State 
Horse-breeding Enterprise, whom we understand is very ill) 
 
-- And individuals associated with the 2002 motorcade attack, 
such as: 
 
e) Orazmammet Yklymov; 
f) Akmyrat Kaqbulov; 
g) Saparmyrat Seyidov; 
h) Konstantin Shymuradov; and 
i) Ejegul Tashlieva. 
 
- We ask that you allow the ICRC and/or other independent 
observers access to prisons, including access to those 
imprisoned in connection with the November 2002 attack on 
former President Niyazov's motorcade. 
 
- One specific action you could take before the HDIM begins 
and that we could recognize there would be to allow access to 
Turkmenistan's former Ambassador to the OSCE, Batyr Berdiev. 
There have been persistent and concerning rumors that he has 
died in prison.  Simply allowing access to this former OSCE 
colleague would be a clear indicator of your government,s 
willingness to meet its international human rights 
obligations.  If the rumors are true, it would be better to 
make that information public sooner rather than later. 
 
- We recognize that free travel both into and out of the 
country for Turkmen nationals, including dissidents and their 
families, has increased.  We urge you to continue the process 
of revising Turkmenistan's travel restrictions in order to 
bring Turkmenistan's Law on Migration up to international 
standards. 
 
- Fundamental freedoms that will be discussed in Warsaw 
include freedom of association.  Turkmenistan does not have a 
good record on allowing NGOs these freedoms.  We urge you to 
allow registration of local, independent NGOs and allow them 
to operate freely. 
 
- You recently received a delegation from our Commission on 
International Religious Freedom and we appreciate the 
dialogue that has been opened on this issue. 
 
- We urge you also to repeal the administrative penalties for 
unregistered religious groups and allow unregistered 
religious groups to worship freely consistent with their 
rights under Article 11 of Turkmenistan's constitution, as 
well as to pass and implement new legislation to provide 
alternatives to military service for conscientious objectors. 
 
STATE 00126089  006 OF 007 
 
 
 
14. (SBU) Talking points for Embassy Tashkent. 
 
We continue to be concerned that the events in Andijon ) 
which have been discussed at length in the OSCE and the HDIM 
) have not been resolved.  We urge that your government 
allow an open and unhindered international investigation of 
the events of Andijon in May 2005 perhaps through the OSCE; 
(note: The GOU did allow a group of EU experts to come, but 
did not provide them with full disclosure), 
 
-- Many people fled Uzbekistan in the wake of the Andijon 
events.  Your government should end pressure on other 
countries forcibly to return Uzbek refugees and stop 
pressuring the refugees themselves to return.  We urge you to 
ensure that refugees who have returned are not arrested or 
harassed, and that there is access to them to ensure their 
well-being; 
 
Freedom of association is a fundamental freedom that will be 
discussed in Warsaw.  We remain concerned that there are 
significant restrictions on civil society in Uzbeksitan, 
including on international NGOs.  We urge you to  allow Human 
Rights Watch, Freedom House, NDI, IRI and other international 
NGOs to return and operate freely without harassment of their 
employees; 
 
- We are concerned about the treatment of persons in 
detention and in prison.  We urge you to take immediate steps 
to eliminate torture and abuse in accordance with 
international standards and OSCE commitments, including 
holding abusers accountable, monitoring police custody 
situations, limiting opportunities for torture and abuse, 
enforcing habeas corpus, and allowing access for lawyers and 
doctors to detention facilities. 
 
- We also urge you to grant the International Committee of 
the Red Cross and Red Crescent and other outside monitors 
free and unrestricted access to prisons and detention centers; 
 
-Your government should also end harassment, physical attacks 
and arbitrary arrests by the security forces of individuals 
critical of the government, including independent journalists 
and human rights activists. 
 
- In the remaining time before the HDIM, we urge you to 
release several people we believe are in prison for political 
or religious reasons. 
 
Possible List of Prisoners to Release 
a) Dmitry Shestakov (Protestant Minister, sentenced March 9 
to four years labor camp) 
b) Irfan Hamidov and Dilafruz Arziyeva (Jehovah,s Witnesses, 
convicted May 14 and June 6, respectively) 
c) Jamshid Karimov (journalist and President Karimov,s 
nephew,in Samarkand psychiatric institution since September 
2006) 
d) Mutabar Tojibaeva (human rights activist in psychiatric 
institution, solitary confinement for seven months; kidney 
illness) 
 
15. (SBU) Talking points for Embassy Minsk. 
 
-  We urge you to release all political prisoners 
immediately, including Aleksandr Kozulin.  This would send a 
strong signal of your desire to improve relations with the 
West. 
 
16. (SBU) Talking points for Embassy Yerevan. 
 
- We are alarmed by the imprisonment of increasing numbers of 
conscientious objectors to military service.  We urge Armenia 
to release the jailed individuals and create a truly civilian 
alternative military service program outside of military 
oversight. 
 
- The upcoming 2008 presidential election presents an 
opportunity to strengthen Armenia,s democratic process 
through further electoral reform.  We urge your government to 
publicly pledge now to fully adopt the recommendations made 
by OSCE/ODIHR and the Council of Europe,s Venice Commission. 
 
 
STATE 00126089  007 OF 007 
 
 
- We urge a fair, transparent, and prompt trial for former 
Foreign Minister Arzumanian or release him on bail. 
 
- We also ask that you aggressively investigate incidents of 
politically motivated crime and violence, particularly those 
which occurred during this year's parliamentary elections 
campaign season. 
RICE