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UNCLAS SECTION 01 OF 04 USUN NEW YORK 000936 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PREF UNGA KIRF
SUBJECT: UN GENERAL ASSEMBLY: SPECIAL RAPPORTEURS ON 
EXTRAJUDICIAL EXECUTIONS, FREEDOM OF RELIGION, MIGRANTS, 
HUMAN RIGHTS IN DPRK, BURUNDI AND THE DRC 
 
 
¶1. (U) On October 26, the Third Committee of the General 
Assembly heard reports from the Special Rapporteurs on 
Extrajudicial, Summary or Arbitrary Executions; Freedom of 
Religion or Belief; the Human Rights of Migrants; and the 
Situation of Human Rights in the DPRK, Burundi and the DRC. 
The U.S. statements in reply to these reports can be found at 
.  End summary. 
 
Extrajudicial, Summary or Arbitrary Executions 
_____________________________________________ _ 
 
¶2. (U) Special Rapporteur Philip Alston complained of a lack 
of cooperation with his mandate by some states, which he said 
discourages the cooperation of others and establishes a 
system of impunity.    However, he said he looks forward to 
his upcoming visit to the United States.  He outlined his 
specific concerns about the situation in Iran, including the 
execution of juveniles.  He noted that 173 people have been 
executed in the first 8 months of 2007 for crimes ranging 
from homosexuality to insulting religion.  He also mentioned 
his concerns regarding the situations in the Philippines and 
Sri Lanka. 
 
¶3. (U) Iran replied that capital punishment is an effective 
deterrent to serious crimes and it is up to sovereign states 
to define what constitutes a serious crime in each country. 
Regarding juvenile detentions, the Iranian delegate said Iran 
abides by due process, in accordance with international and 
domestic laws.  He argued that the Special Rapporteur was 
exceeding his mandate and had a hidden personal agenda. 
 
¶4. (U) Venezuela and Russia asked about deaths caused by 
private companies contracted by states in armed conflict. 
Russia stated that individual states were intending to avoid 
responsibility by transferring it to non-state actors, which 
leads to impunity for violations of human rights.  The 
Special Rapporteur responded that this is a major issue and 
that principal responsibility lies with the host states.  He 
noted the decision by the cabinet in Iraq to rescind 
provisions that provide immunity to contract workers. 
 
¶5.  (U) The U.S. delegate expressed appreciation for the 
ongoing dialogue with the Special Rapporteur about the scope 
of his mandate regarding matters governed by the law of armed 
conflict.  She noted that even the Special Rapporteur's 
report recognized that determining responsibility in these 
situations "can be legally complex."  (The full text of her 
statement is available at 
www.usunnewyork.usmission.gov/press_release/2 0071026_265.html) 
 
Freedom of Religion or Belief 
____________________________ 
 
¶6. (U) Special Rapporteur Asma Jahangir stated that freedom 
of religion or belief must be protected and at the same time, 
the rights of individuals must be protected from violation 
based on the premise of religion or belief.  She argued that 
"no impunity should be awarded when criminal acts which 
infringe on the human rights of others are given a religious 
label," but government responses should be proportionate and 
should respect the rule of law and human rights standards. 
She called for addressing the underlying problems, the 
importance of prevention efforts as well as protection and 
dialogue.  She also cautioned against "compulsory 
overregulation."  She wondered how a human rights body could 
ask for limiting a right, since its purpose is to promote and 
protect rights. 
 
¶7. (U) Libya expressed concern for Muslims who confront 
difficulties in other countries due to the allegation that 
there is a connection between Islam and violence.  Egypt 
stated that religious defamation under the pretext of freedom 
of expression is a violation of others' human rights and that 
the promotion of some rights should not be at the expense of 
others.  Venezuela expressed the belief that defamation of 
religion is a legal concept, which can be inflicted on 
groups, as well as individuals. 
 
¶8. (U) Speaking for the United States, Ambassador Grover 
 
USUN NEW Y 00000936  002 OF 004 
 
 
Joseph Rees said religous freedom must be protected, not 
abridged by governments.  He expressed U.S. support for the 
extension of the Special Rapporteur's mandate without 
amendments and U.S. concern for efforts to limit freedom of 
expression, particularly relating to "defamation of 
religion." (Full statement available at 
www.usunnewyork.usmission.gov/press_release/2 0071026_268.html) 
 
 
The Rights of Migrants 
 
 
¶9. (U) Special Rapporteur Jorge Bustamante stated that, while 
states have the right to safeguard borders and regulate 
migration, they should also ensure the human rights of 
migrants when enacting and implementing immigration laws. He 
expressed concern for trends in detentions of migrants, 
including lack of consular representation, lack of access to 
lawyers and translators and lack of appeal mechanisms.  He 
called on countries to "allocate as many resources to 
development projects in sending countries as they are 
spending to building walls--without success--and investing in 
new technologies to protect their borders."  He also 
recommended that states measure labor force demand for 
documented and undocumented workers to use as a tool to 
combat xenophobia. 
 
¶10. (U) Speaking for the United States, Ambassador Grover 
Joseph Rees expressed U.S. support for legal, safe and 
orderly immigration and for the protection of the human 
rights of migrants.  (Full text is available at 
www.usunnewyork.usmission.gov) 
 
The Human Rights Situation in the DPRK 
_____________________________________ 
 
¶11. (U) Special Rapporteur Vitit Muntarbhorn noted the 
positive impact of the Six Party Talks and the Korean Summit. 
 However, he also described serious concerns about the 
situation in the DPRK, including food shortages, political 
repression and imprisonment, and the punishment of refugees, 
including those who are punished upon their return.   He 
emphasized the principle of "non-refoulement" regarding 
refugees who flee DPRK due to hunger, but then are unable to 
return due to fear of persecution.  He also called for 
support of the first asylum countries.  He noted that the 
most vulnerable groups in the DPRK are women and children who 
are not part of the elite.  Muntarbhorn made recommendations 
for future action to both the DPRK and the international 
community. 
 
¶12. (U) The DPRK delegate rejected the resolution creating 
the mandate of the Special Rapporteur, which he said was a 
product of the hostile U.S. policy toward the DPRK.  He asked 
if it would not be more effective to address human rights 
situations without singling out specific countries.  He 
stated that prior to the passage of the resolution on the 
human rights situation in the DPRK, his country had a wide 
range of contacts in the field of human rights, including the 
EU and Amnesty International.  After the passage of the 
resolution, these efforts stopped, he said. 
 
¶13. (U) Japan, however, welcomed the "balanced report" and 
noted that the DPRK should address the abduction issue 
mentioned in it.  The Japanese delegate stated that Japan 
would work to normalize relations with the DPRK, including by 
addressing outstanding issues of abductions and the nuclear 
issue. 
 
¶14. (U) The Republic of Korea noted the positive impact of 
the Six Party Talks and the Inter-Korean summit, which the 
delegate called a major milestone toward peace and prosperity 
on the Korean peninsula and in the region. 
 
¶15. (U) Speaking for the United States, Ambassador Grover 
Joseph Rees supported the mandate of the Special Rapporteur 
and expressed concern for the situation in the DPRK.  He also 
asked for further information on the situation of political 
prisoners and the exploitation of refugees, especially women 
 
USUN NEW Y 00000936  003 OF 004 
 
 
and children. (Full text of the statement is avaiable at 
www.usunnewyork.usmission.gov/press_release/2 0071026_269.html 
 
Human Rights in Burundi 
______________________ 
 
¶16. (U) Independent Expert Akich Okola said the international 
community needs to support Burundi's efforts to respect 
economic and social rights as well as civil and political 
rights.  Among the problems he highlighted were corruption 
among government officials, increasing arbitrary arrests, and 
violations of freedom of expression, movement and protection 
from torture.  He called for resolution of the matter of the 
massacre of civilians in Muyinga in order to stem a culture 
of impunity.  He noted an increase in sexual violence against 
women and minors and the continued preference for out of 
court settlements in these cases.  He also highlighted the 
need for international humanitarian assistance to address 
cyclical famine.  He called attention to the delays in the 
implementation of the transitional justice mechanism and 
noted that Burundian officials had reached a consensus on a 
national consultations process, led by a steering committee. 
He later clarified that this steering committee does not yet 
exist. 
 
¶17. (U) The Burundian delegate responded that, in only two 
years, the government has made enormous progress.  Now people 
are able to talk about cases of rape, when in the past it was 
unmentionable.  He admitted Burundi is not perfect, but that 
the government of Burundi is aware of what needs to be done. 
He requested international assistance in providing food and 
jobs for the people. 
 
¶18.  (U) The U.S. delegate expressed concern that the report 
downplayed the level of human rights violations committed by 
military personnel, but Okola disagreed that this was the 
case.  (Full text is available at 
www.usunnewyork.usmission.gov/press_release/2 0071026_267.html) 
 
Human Rights in the Democratic Republic of Congo 
_____________________________________________ ___ 
 
¶19. (U) Independent Expert Titinga Frederic Pacere said 
widespread violations of human rights have not yet been 
brought before the judiciary.  He highlighted the massacres 
in North Kivu, the re-incorporation of army officers 
responsible for killings into the military, the instability 
of the situation in South Kivu, and the increase of crimes of 
sexual violence and the impunity toward these crimes as 
primary areas of concern.  Pacere recommended an end to both 
the climate of impunity and political and military 
interference in the administration of justice.  He also 
called for the adoption of laws implementing the Rome 
Statute, support for the UN mapping project, the vetting of 
security forces, the creation of a national human rights 
commission and the acceleration of disarmament of Hutu groups 
in South Kivu. 
 
¶20. (U) The DRC delegate responded that disarmament efforts 
are underway.  He emphasized the reemergence of the rule of 
law in the DRC with a goal of victory over poverty, 
injustice, and social inequality. He called for international 
support, noting, "beyond speeches and unending resolutions, 
we need specific actions." 
 
¶21. (U) The U.S. delegate mentioned concerns relating to the 
use of excessive force by the police and armed militia and 
the reintegration of human rights abusers and war criminals 
into the security forces.  He also expressed concern for the 
widespread sexual violence and for the precarious situation 
of journalists in the DRC.  He asked why other human rights 
violations, such as forced labor, child soldiers and 
trafficking in persons were not mentioned in the report.  The 
Independent Expert responded the child soldiers were the 
focus of last year's report.  Because there are too many 
issues to address at once, said Pacere, this year's focus was 
on crimes committed by law enforcement. (Full text of the 
U.S. statement is available at 
www.usunnewyork.usmission.gov.press_release/2 0071026_271.html 
 
USUN NEW Y 00000936  004 OF 004 
 
 
 
Khalilzad