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DE RUCNDT #1090/01 3331929
ZNR UUUUU ZZH
P 291929Z NOV 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 3216
INFO RUEHGB/AMEMBASSY BAGHDAD PRIORITY 0640
RUEHBUL/AMEMBASSY KABUL PRIORITY 0198
RUEHKH/AMEMBASSY KHARTOUM PRIORITY 0983
RUEHGO/AMEMBASSY RANGOON PRIORITY 0217
RUEHGV/USMISSION GENEVA PRIORITY 2958

UNCLAS USUN NEW YORK 001090 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNGA PHUM PREF PTER SU
SUBJECT: UNGA THIRD COMMITTEE: TORTURE, IDPS, 
COUNTERTERRORISM, SUDAN, AND BURMA 
 
 
¶1. (U) Summary: On October 29, the Third Committee of the UN 
General Assembly heard reports on torture, on the human 
rights of internally displaced persons, on the promotion and 
protection of human rights and fundamental freedoms while 
countering terrorism, and on the situation of human rights in 
the Sudan, as well as a presentation about the UN 
Secretary-General's report on the human rights situation in 
 
SIPDIS 
Burma. End Summary 
 
----------------------------- 
Special Rapporteur on Torture 
----------------------------- 
 
¶2. (U) Manfred Nowak, Special Rapporteur on Torture, 
emphasized the role of forensic medical expertise in 
combating torture and stated that the absence of effective 
investigations is the major reason for the continuing use of 
torture.  Overcrowding is one of the obstacles to preventing 
torture and mistreatment, said Nowak, arguing overcrowding 
could be avoided by reducing the length of pre-trial 
detention and of imprisonment for minor crimes. 
 
¶3. (U) Iran asked for more details on torture in relation to 
counter-terrorism measures and secret detention centers. 
Responding to the question, Nowak called on all countries 
with secret detention centers to provide even high-level 
terrorism suspects with due process.  Also in response to 
questions, he said that ideally there should be a central 
registry of detainees in every country and that every form of 
enforced disappearance and secret detention for an extended 
period of time amounts to torture. 
 
¶4. (U) South Africa asked about the legality of renditions 
which lead to the death penalty and torture and wondered 
whether renditions should be conducted in a way that leads to 
criminal prosecution.  Nowak said renditions to countries 
with harsh interrogation methods constitute a serious 
violation of human rights. 
 
-------------------- 
Human Rights of IDPs 
-------------------- 
 
¶5. (U) Walter Kalin, Representative of the Secretary-General 
on the human rights of internally displaced persons, said 
IDPs have three possible durable solutions:  return to the 
place of origin, local integration, or settlement in another 
part of the country.  Kalin argued that displacement only 
ends when one of the three options occurs and the IDPs no 
longer have needs relating to their displacement.  He stated 
that IDPs must participate in the peace process and issues 
relating to IDPs must be addressed in order to create a 
lasting solution. 
 
¶6. (U) Kalin noted improvements in the situations of IDPs in 
Nepal, Southern Sudan, and Northern Uganda, but he said the 
situation in the Central African Republic is still troubling. 
 He noted that in Afghanistan displacement has the potential 
to increase dramatically due to escalating hostilities, 
return of refugees from Iran and Pakistan in an unsustainable 
manner, and lack of humanitarian access. He expressed deep 
concern for the situation in Iraq, noting "I fear that a 
humanitarian crisis is in the making in Iraq that will haunt 
us for a long time."  He also expressed concern for the 
situations in Somalia, East Timor, Sri Lanka, DRC and Sudan. 
 
¶7. (U) Ambassador Grover Joseph Rees, speaking for the United 
States, expressed support for the cluster approach in 
addressing the issue of IDPs.  He noted that it is the 
primary responsibility of governments to protect civilians 
and that the international community's role should be 
complementary.  (Full text can be found at 
www.usunnewyork.usmission.gov/press_releases/ 20071029_273.html). 
 
--------------------------------- 
Human Rights and Counterterrorism 
--------------------------------- 
 
¶8. (U) Martin Sheinin, Special Rappporteur on the Promotion 
and Protection of Human Rights and Fundamental Freedoms while 
Countering Terrorism, focused on challenges to refugee law 
and international protection posed by counter-terrorism 
measures.  He highlighted areas of concern including 
exclusion of refugees, repatriation of persons detained for 
reasons relating to terrorism, and global responsibility for 
international protection.  He also noted a trend toward 
detention of asylum seekers and pre-entry interception, 
particularly at sea.  He stated that, despite diplomatic 
 
 
assurances, states must independently assess the risk of 
torture before sending an individual to a receiving state. 
 
¶9. (U)  Mr. Sheinin stated that he is encouraged by positive 
signals that the United States plans to close down the 
detention facility at Guantanamo Bay.  He highlighted the 
recommendation in his report to close down the facility and 
either release detainees or put them on trial for their 
alleged crimes.   He said all states should be prepared to 
receive prisoners detained for terrorism-related reasons but 
against  whom no charges have been initiated.  He also noted 
the recommendation that the UNCHR be involved in resettlement 
of Guantanamo detainees. 
 
¶10. (U) Sheinin expressed regret that he was not given the 
opportunity to interview in private detainees from Guantanamo 
or other places where the United States holds individuals 
suspected of terrorist acts, but he noted that the U.S. 
government has extended an invitation to observe proceedings 
of military commissions.  The United States intends to 
include domestic and foreign observers in the proceedings, 
said the U.S. delegate, noting that the hearings are 
consistent with all applicable law.  Switzerland asked about 
the use of military courts to try civilians.  Sheinin said 
while there is no international law that would outlaw 
civilian trials in military courts, the Human Rights Council 
had determined that the situation should be avoided as it 
will likely lead to violations of human rights.  (Full text 
of the U.S. statement at 
www.usunnewyork.usmission.gov/press_releases/ 20071029_285.html). 
 
¶11. (U) In response to a question on best practices in 
combating terrorism, Sheinin noted that in terms of support, 
health care, and compensation for victims of terrorism, the 
international community has a lot to learn from the United 
States.  He also stated that while both Israel and the United 
States apply the notion of unlawful combatant, in Israel 
there is judicial review of this classification at periodic 
intervals. 
 
--------------------------------------- 
The Secretary General's Report on Burma 
--------------------------------------- 
 
¶12. (U) Lynn Pascoe, UN Undersecretary-General for Political 
Affairs, introduced the Secretary-General's Report on Burma. 
He outlined the key areas of concern, including the situation 
of political prisoners, the participation of the people of 
Burma in the political process, the need for unhindered 
humanitarian access, better cooperation with the UN and other 
humanitarian agencies, cessation of hostilities in conflict 
areas, and the need for cooperation with the ILO to address 
forced labor complaints.  He also described the main 
objectives of the recent visit by Special Adviser Gambari. 
These objectives included to assess the situation on the 
ground, to demonstrate the high level of interest in the 
situation,and to promote dialogue between the government and 
the opposition in an effort to create national reunification 
and end the conflict. 
 
¶13. (U) The delegate of Burma said it was the first time an 
Undersecretary-General for Political Affairs had introduced a 
human rights report in the Third Committee.  He said this 
shows politically motivated "selectivity" and called for 
constructive, cooperative deliberation rather than 
politicization.  He said the curfew in Burma had been lifted 
and normalcy restored, 2,700 demonstrators called in briefly 
for questioning had been released, and the minister appointed 
as a liaison with Aung San Suu Kyi had met with her on 
October 25.  He outlined what he said were areas of progress, 
including the establishment with the ILO of a mechanism to 
address forced labor, the fight against narcotic drugs, and 
government openness to UN agencies.  He said events in Burma 
were the result of rabble-rousers and political activists 
manipulating a small protest over fuel prices, and the 
international community must distinguish between the real 
situation and the propaganda. 
 
Ambassador Rees spoke briefly for the U.S. to thank U/S 
Pascoe and to defend the appropriateness of his having 
presented the report. 
 
--------------------- 
Human Rights in Sudan 
--------------------- 
 
¶14. (U) Sima Samar, Special Rapporteur on the Situation of 
Human Rights in the Sudan, focused on areas outside of 
 
 
Darfur.  She outlined her recommendations for action by the 
Government of National Unity, the warring factions, the 
Government of Southern Sudan, the international community and 
the UN. 
 
¶15. (U) Sudan's delegate replied that the government of Sudan 
has cooperated fully with the Special Rapporteur and numerous 
regional and international human rights instruments and 
alleged that her report contained inaccurate information and 
does not serve the cause of human rights in Sudan.  He called 
for an end to her mandate. 
 
¶16. (U) Ambassador Grover Joseph Rees delivered the U.S. 
statement, expressing a desire for further information on the 
implementation of the Joint Communiqu and the Comprehensive 
Peace Agreement.  He also expressed concern about escalating 
violence and support for Security Council action against 
parties undermining the peace process in Darfur.  (The full 
text of this statement is available at 
www.usunnewyork.usmission/press_release/20071 029_283.html). 
 
¶17.  (U) In response to criticism by the EU, Canada and the 
United States, the Sudanese delegate noted the "illegal 
trafficking of children" involving a French NGO taking 
Sudanese children to Chad.  Libya said the high-level 
conference in Tripoli demonstrated the Sudanese government's 
desire to end the conflict and the human rights violations. 
Syria called on the international community to exert pressure 
on rebel groups to participate in negotiations in Tripoli, 
rather than criticize the Sudanese government.  The Egyptian 
delegate said failure to implement a Security Council 
resolution on Sudan was not Sudan's fault, but rather the 
fault of those who pushed the draft resolution through 
without securing agreement from the government of Sudan. 
Khalilzad