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Viewing cable 08STATE76294, OSCE HUMAN DIMENSION MEETING DEMARCHE
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
08STATE76294 | 2008-07-16 15:23 | 2011-08-26 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Secretary of State |
VZCZCXYZ0012
PP RUEHWEB
DE RUEHC #6294 1990507
ZNR UUUUU ZZH
P 161523Z JUL 08
FM SECSTATE WASHDC
TO RUEHAK/AMEMBASSY ANKARA PRIORITY 5141-5158
RUEHAH/AMEMBASSY ASHGABAT PRIORITY 9891-9908
RUEHTA/AMEMBASSY ASTANA PRIORITY 0376-0393
RUEHTH/AMEMBASSY ATHENS PRIORITY 3582-3599
RUEHKB/AMEMBASSY BAKU PRIORITY 7066-7083
RUEHBW/AMEMBASSY BELGRADE PRIORITY 0305-0322
RUEHEK/AMEMBASSY BISHKEK PRIORITY 3400-3417
RUEHSL/AMEMBASSY BRATISLAVA PRIORITY 7956-7973
RUEHUP/AMEMBASSY BUDAPEST PRIORITY 4429-4446
RUEHCH/AMEMBASSY CHISINAU PRIORITY 9291-9308
RUEHDBU/AMEMBASSY DUSHANBE PRIORITY 1269-1286
RUEHMO/AMEMBASSY MOSCOW PRIORITY 2825-2842
RUEHPG/AMEMBASSY PRAGUE PRIORITY 8542-8559
RUEHRO/AMEMBASSY ROME PRIORITY 7107-7124
RUEHVJ/AMEMBASSY SARAJEVO PRIORITY 9415-9432
RUEHSQ/AMEMBASSY SKOPJE PRIORITY 5515-5532
RUEHSF/AMEMBASSY SOFIA PRIORITY 1470-1487
RUEHNT/AMEMBASSY TASHKENT PRIORITY 0516-0533
RUEHSI/AMEMBASSY TBILISI PRIORITY 8082-8099
RUEHVL/AMEMBASSY VILNIUS PRIORITY 0346-0363
RUEHYE/AMEMBASSY YEREVAN PRIORITY 5832-5849
INFO ORG FOR SECURITY CO OP IN EUR COLLECTIVE PRIORITY
UNCLAS STATE 076294
SENSITIVE
C O R R E C T E D C O P Y (ADDED CAPTION)
SIPDIS
VILNIUS ALSO FOR EMBASSY MINSK
E.O. 12958: N/A
TAGS: OSCE PREL PHUM KDEM
SUBJECT: OSCE HUMAN DIMENSION MEETING DEMARCHE
REF: STATE 60838
¶1. (SBU) Summary and Action Request: The OSCE will conduct
its annual Human Dimension Implementation Meeting (HDIM) from
September 29 through October 10 in Warsaw. Based in part on
embassies' input (reftel), which the Department appreciates,
this demarche conveys USG concerns on host government human
rights and democracy performance and requests specific action
in these areas prior to the HDIM. Action addressees are
requested to deliver this demarche by July 24, to allow time
for host government action on our concerns prior to the HDIM.
See para 5 for general points; post-specific points in paras
6-22. Embassy Minsk may deliver this demarche at its
discretion. End summary.
-------------
Objective
-------------
¶2. (SBU) To convey USG concerns about human rights and
democratic performance and to use the prospect of specific
USG constructive criticism and praise at the HDIM to leverage
action on human rights priorities.
----------
Background
----------
¶3. (SBU) The annual OSCE HDIM meeting is a useful stock-
taking of countries' progress, or lack thereof, in
implementing their commitments to respect 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. Although the agenda for this year's HDIM is still
being finalized, we expect that religious freedom and the
situation of the Roma/Sinti will be key topics.
¶4. (SBU) As with past HDIM meetings, the USG delegation will
be prepared to present a balanced assessment of OSCE
participating States' progress towards meeting their OSCE
commitments. To enhance the USG's 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 fulfillment of the OSCE
standards. The USG delegation will be prepared to recognize
positive steps that countries have taken, allowing us, to the
extent possible, to balance criticism with praise.
--------------
Talking Points
--------------
¶5. (SBU) Addressees may wish to draw on the following points.
Begin General Talking Points:
- The USG is preparing for the September 29 to October 10
OSCE Human Dimension Implementation Meeting (HDIM) in Warsaw.
- We take this event very seriously, and believe it can
provide a useful opportunity for all OSCE participating
countries to assess progress towards fulfillment of the
commitments undertaken as OSCE members to guarantee human
rights and fundamental freedoms.
- We hope that your government will be well-represented at
the conference and prepared to engage actively in a detailed
dialogue.
- The U.S. delegation to the conference will be prepared to
make a balanced assessment of how the U.S. views the progress
towards fulfillment of these shared commitments that all of
our OSCE partners, including your government, have made.
- As the annual HDIM is the primary OSCE forum for discussion
of all participating states' implementation of their OSCE
commitments on human rights, and we expect that others will
wish to discuss U.S. implementation as well. We welcome this
process, and are undertaking this demarche in the OSCE spirit
of mutual dialogue on important issues.
- We would like to share with you some of the concerns that
we are likely to raise at the HDIM, as well as areas where we
see progress.
- The U.S. would be pleased to publicly acknowledge other
areas of progress at the HDIM should your government take
action to address these concerns prior to the HDIM.
- The U.S. delegation traditionally is led by a
distinguished senior official in recognition of the
importance we place on the HDIM. This year, former Director
General of the Foreign Service, Ambassador Robert Pearson,
has agreed to serve as the head of delegation.
----------
Azerbaijan
----------
¶6. (SBU) For Embassy Baku:
- Azerbaijan's October 15 presidential election presents an
important opportunity for the Azerbaijani Government to
demonstrate its commitment to democratic reform. The
pre-election climate, particularly with respect to media
freedom, candidate access to the media, freedom of assembly,
and freedom of association, is just as important to the
conduct of the election as the actual voting and vote
tabulation process.
- We continue to be concerned by the poor media environment
in Azerbaijan. We urge your government to send a strong
signal of its commitment to media freedom, for example by
issuing a statement indicating that violence against
journalists will not be tolerated, and renewing the
moratorium on criminal libel suits. We also urge your
government to investigate and prosecute those responsible for
violence against journalists.
- Another concrete measure that we urge your government to
take prior to HDIM is the release of all journalists who have
been imprisoned for the peaceful exercise of their right to
freedom of expression, including Aynulla Fatullayev, Sakit
Zakhidov and Genimet Zakhidov.
- Candidate access to the media will be particularly
important in the run-up to the October presidential election.
Recent amendments to the electoral code provide for free air
time for candidates on public television; we hope that this
provision will be implemented in a transparent and equitable
fashion.
- Azerbaijan's parliament recently amended the law on freedom
of assembly; we hope that this important piece of legislation
will be implemented in a way that enables citizens to better
exercise their fundamental human rights.
- Freedom of association also is important. We urge your
government to ensure that all political party leaders are
allowed to travel abroad and domestically to conduct normal
party activities, including attending political rallies and
meetings.
- A strong international and domestic observation mission
will support your government's goal of holding a free and
fair election on October 15. Your government has a long and
successful record in this area, including election
observation work conducted by the Election Monitoring Center
(EMC).
- We were disappointed by your government's recent decision
to deregister the Election Monitoring Center. We urge your
government to work with the EMC to address the technical
issues that prompted this decision, and ensure that EMC is
able to conduct its election observation activities. We also
hope that other domestic observation organizations will be
allowed to conduct their work.
-- An early election monitoring invitation to ODIHR also
would demonstrate your government's commitment to conducting
an election that meets international democratic standards.
- We also urge your government to work closely with the
Venice Commission and ODIHR on their joint June 23
recommendations concerning the draft changes to the electoral
code.
-- We continue to be concerned by violations of religious
freedom in Azerbaijan. We urge your government to ensure
that officials do not detain or harass leaders and members of
Islamic and non-traditional minority religious groups, and
remove impediments to legal registration of religious groups.
-------
Armenia
-------
¶7. (SBU) For Embassy Yerevan:
-- We have a broad series of human rights concerns, but we
would like to highlight the need for action in two specific
areas.
-- We urge the GoA seriously to engage in reconciliation and
dialogue with the opposition, including implementing the
provisions of the Council of Europe's post-election
resolution on releasing prisoners, reconciliation, etc, which
have not been fulfilled.
-- This action is a necessary first step to restoring
political peace.
-- We also urge the government to implement the recent ECHR
ruling regarding A1 Plus Television and to allow it back on
the air. Reinstating this independent station would be a
clear sign of the government's commitment to democratic
reform.
-- The number of jailed conscientious objectors to military
service continues to increase. We encourage your government
to release these individuals and to provide legal
opportunities for conscientious objectors to perform
alternative civilian service independent of military control.
-------
Belarus
-------
¶8. (SBU) For Embassy Minsk:
-- We once again urge the GoB to release all political
prisoners, including Alyaksandr Kazulin, Andrey Kim and
Syarhey Paryukevich.
-- U.S. Citizen Emanual Zeltser should be released on
humanitarian grounds.
-- We urge the Government to change laws infringing on
religious freedom and end discrimination against religious
groups, particularly the levying of fines against members of
minority groups.
----------------------
Bosnia and Herzegovina
----------------------
¶9. (SBU) For Embassy Sarajevo:
-- We are concerned by the situation of the Roma/Sinti in
Bosnia and Herzegovina.
-- We urge you to adopt a comprehensive action plan
addressing the situation of the Roma as a first step for
dealing with the problem.
-- We are concerned about the climate of intimidation of
journalists in BiH, particularly in the Respublika Srpska. A
free and vibrant press is one of the cornerstones of any
democracy, and efforts to undermine journalistic freedom
weaken diminish transparency in a country, and thus weaken
the democratic process overall.
-- We urge that BiH take steps to ensure that individuals who
intimidate journalists, or condone such actions, are
prosecuted and punished to the full extent of the law.
--------
Bulgaria
--------
¶10. (SBU) For Embassy Sofia:
-- We welcome the progress that Bulgaria has made in
combating trafficking in persons.
-- We note as well that the number of children in state
institutions has been falling according to official
statistics, but remain concerned with conditions of care
there, including for Roma children. We hope that your
ten-year strategy is implemented successfully.
-- We are concerned by recent intolerant statements by local
government officials and clerics in certain localities
directed against "non-traditional" religious groups,
particularly the Church of Jesus Christ of Latter-Day Saints
(Mormons) and the Jehovah's Witnesses.
-- For example, the April letter from the Deputy Mayor of
Burgas directing teachers to warn students about "dangerous
sects", including Mormons, Jehovah's Witnesses and
Evangelical Pentecostal Christians. In June, an Orthodox
priest from Burgas called for the expulsion of two Mormon
missionaries.
-- Incidents such as these are inconsistent with Bulgaria's
commitments relating to the freedom of Religion. We urge
your government to repudiate such statements by officials.
--------------
Czech Republic
--------------
¶11. (SBU) For Embassy Prague:
-- The USG values our partnership with the Czech Republic in
promoting human rights and basic freedoms abroad.
-- We applaud your commitment to promoting democracy around
the world and that you put real resources, such as those of
your MFA transformation policy unit, into supporting these
goals.
-- We appreciate that Prague has been a good home for Radio
Free Europe/Radio Liberty (RFE/RL) and its outreach to
countries in transition in the former Soviet Union and the
Middle East.
- However, we wanted to raise a problem we see domestically
in the Czech Republic.
-- We remain concerned by the treatment of your country's
largest ethnic minority group, the Roma.
-- The Roma community continues to face widespread
discrimination and lack equitable education, housing, and
employment opportunities. The November 2007 European Court
of Human Rights ruling highlighted the problem of
discrimination against Roma students.
-- We urge you to take concrete steps to ameliorate this
situation and bring your treatment of the Roma up to OSCE
standards.
------
Georgia
------
¶12. (SBU) For Embassy Tbilisi:
-- We commend your government for reaching out to the
opposition after the parliamentary elections. For democracy
to develop deep roots, it requires a viable opposition that
sees benefits to resolving disputes through democratic
institutions, and an empowered, independent parliament and
judiciary that provide a check on the Executive branch.
-- We urge your government to work with the opposition in
Parliament to foster a culture of respect for political
pluralism and establish oversight mechanisms.
-- In this context, we are concerned by a reported draft
amendment that would eliminate state funding for five
opposition parties who are boycotting the new Parliament. We
are concerned that such an action would simply add to the
sources of polarization.
-- We welcome the recent approval of the action plan to
eliminate torture and urge its full implementation, including
adhering to specific milestones and a concrete timetable.
-- We also urge investigation into credible accounts of
politically motivated attacks on opposition members.
------
Greece
------
¶13. (SBU) For Embassy Athens:
-- We wanted to raise the situation of the Roma in Greece.
-- Most Roma continue to live in squalid and inhumane
conditions without running water, electricity, and waste
removal.
-- We welcome the recent steps your government has taken to
address their circumstances, but much more remains to be
done.
-- We urge your government to make equal access to provision
of public services a priority of your human rights agenda.
-- We would like to raise as well the issue of ethnic
minorities in Greece.
-- In this context, we welcome your ongoing effort to write
off the tax debts of the WAKFS (charitable religious
organizations).
-- We know your longstanding interpretation of the 1923
Lausanne Treaty with regard to the question of national
minorities.
-- The practical effect of this interpretation has been legal
restrictions on the names of associations involving certain
groups, as we noted in our Human Rights Report.
-- This has placed Greece at odds with the European Court for
Human Rights on several occasions.
-- We urge you to find an approach to this issue that will
provide redress to the Greek citizens who identify themselves
as Turks, Pomaks, Vlachs, Roma, Arvanites, or Macedonians,
among others.
-----
Italy
-----
¶14. (SBU) For Embassy Rome:
-- We in the United States have at various times in our
history struggled, and in some respects continue to struggle,
with the specter of racism and discrimination.
-- Speaking therefore as friends and based on the deep bonds
and long-standing alliance between our countries, we must
express our concern at the situation the Roma and Sinti face
in Italy.
-- The Roma continue to face discrimination and unequal
access to public services.
-- The May 2008 anti-Roma incidents in Naples and other
cities, which included the burning of Roma Caravans and
dwellings, concern us.
-- It is important for public officials to condemn these
sorts of race-based reprisals immediately, whenever they
occur.
-- The wholesale fingerprinting of all Roma, including
children, would be the sort of step that could inflame a
difficult situation.
-- We urge that your government reconsider this policy that
appears discriminatory towards the Roma.
----------
Kazakhstan
----------
¶15. (SBU) For Embassy Astana:
-- We commend Kazakhstan's progress in combating trafficking
in persons. We urge you to maintain the momentum you have
built up on all fronts - prosecution, protection, and
prevention.
-- We stress again that implementation of the Madrid
commitments is necessary for Kazakhstan to be an effective
OSCE chairman.
-- Much work remains to be done on the promised legislation
that is to be presented to Parliament by the end of 2008.
-- On ODIHR, we welcomed your public affirmation in Madrid
that Kazakhstan would work to preserve ODIHR's current
mandate and autonomy and fight future attempts to undermine
it.
-- We welcomed that affirmation, but have not heard
Kazakhstan's representatives in Vienna speak out in support
of ODIHR when its election monitoring functions are
challenged. We urge your government to do so.
-- On freedom of media, we welcome the restoration of access
to RFE/RL's internet sites. We expect that this access will
remain uninterrupted in the future.
-- Several opposition websites remain blocked, however, and
we urge you to allow free access to these opposition media
websites in accordance with Kazakhstan undertakings to
protect freedom of expression.
-- We note that while no journalists have been imprisoned
recently for libel, these provisions nevertheless remain in
the law. We urge you to replace such criminal penalties with
civil remedies, as many other countries have done.
-- We remain concerned about a package of amendments to
Kazakhstan's religion law under consideration in parliament
which appear aimed at asserting greater government authority
over so-called "non-traditional" religious groups, such as
evangelical Protestants, Jehovah's Witnesses, and Hare
Krishnas.
-- We urge you to ensure that ODIHR's recommendations on the
law are incorporated so that the law meets OSCE standards.
-- We also encourage your government to reach an equitable
settlement with the Hare Krishna community land dispute.
-- We note that Kazakhstani law now prohibits the worst forms
of child labor and welcome your government's efforts to
combat it.
-- We urge improved enforcement given the continued serious
problem that child labor represents in cotton and tobacco
production, particularly among migrant workers.
----------
Kyrgyzstan
----------
¶16. (SBU) For Embassy Bishkek:
-- We are concerned that by several recent actions that call
into question Kyrgyzstan's commitment to freedom of
expression for the media. The recent amendments to the
broadcasting did not follow through on the government's
commitment to make the national television and radio network
independent. These amendments may force the closure of
smaller local broadcasters that cannot comply with the new
Kyrgyz language requirements.
-- We urge the government to take concrete actions to protect
journalists. These include making progress on the
investigation into the October 2007 murder of journalist
Alisher Saipov, and urge that the government decriminalize
libel and slander.
-- We are concerned that Kyrgyzstan, in its understandable
effort to combat extremism, is replacing a commendably open
religion law with an extremely restrictive one. We urge the
government to seek ODIHR review of the law to ensure it is
compatible with Kyrgyzstan's religious freedom commitments in
the OSCE.
-- We encourage the government to amend the newly passed and
restrictive law on public assembly, taking into account the
review by the ODIHR expert panel that was completed on June
¶30.
-- We also continue to be concerned about the treatment of
refugees in your country. While we acknowledge efforts to
resettle many asylum seekers, we ask that your government do
more to ensure the safety of all registered refugees and
investigate past cases of illegitimate refoulements and/or
kidnappings, including Uzbek asylum seeker Erkin Halikov.
---------
Lithuania
---------
¶17. (SBU) For Embassy Vilnius:
-- We remain concerned by the continuing problem of
anti-Semitism and intolerance in Lithuania.
-- It is important when such acts or statements against
minorities occur that the government condemn them immediately
and clearly, in line with the relevant provision of the OSCE
Berlin Declaration.
-- A week had passed before the government denounced the
anti-Semitic and anti-Russian nature of a March 11 skinhead
march . Other incidents, such as the display of swastikas,
have not been repudiated.
-- We urge you to grant comprehensive cultural heritage
protection to the historic Jewish cemetery in the Snipiskes
neighborhood of Vilnius.
-- Doing so would promote and protect Lithuania's diverse
history and would send a clear message of tolerance and
respect for human rights.
-- Another specific measure you could take is to provide for
the return of or compensation for communal Jewish property
taken by the Nazi and Soviet occupying regimes.
---------
Macedonia
---------
¶18. (SBU) For Embassy Skopje:
-- We welcome the notable progress Macedonia has made in
recent years in combating trafficking in persons.
-- We hope you continue to build on your strong and effective
inter-agency network and vigorous efforts in areas of
prevention, protection, and prosecution, in order to maintain
Macedonia's Tier 1 status for 2009.
-- On elections, the June 15 and June 29 re-runs of the
parliamentary elections were conducted in a substantially
improved security environment compared to the seriously
flawed June 1 vote, and professional and effective conduct of
law enforcement authorities prevented serious incidents of
violence.
-- Re-runs were nevertheless also marred by serious
irregularities in a number of polling stations, including
ballot stuffing and organized group, family, and proxy
voting. We urge you to continue to investigate and
appropriately sanction those found to have perpetrated
election fraud.
-- It will be necessary to apply lessons learned in future
elections. Partisan staffing of electoral institutions, for
instance, (e.g., local election boards) may be a systemic
flaw requiring systemic remedy.
-- On the question of ethnic minorities, we are pleased that
incidents of inter-ethnic disputes in schools decreased for
the third consecutive year and welcome the upgrading of the
"sector" for the implementation of the Ohrid Framework
Agreement to a full secretariat.
-- We urge your government to redouble efforts to increase
ethnic minority representation in the public administration,
while maintaining transparency and impartial professional
recruitment standards.
-- We were disquieted by continued instances of police abuse
of suspects, including the "Mountain Storm" police operation
in the village of Brodec. We welcome the investigation and
suspension of the officers involved, and urge similar
investigations and attention in other such cases.
-- With regard to the Roma, we are pleased that Roma NGOs
report that instances of direct attacks against Roma have
diminished significantly, but we note that discrimination and
serious imbalances in access to education and governmental
services persist.
-- We urge focused implementation of the commitments the
government made under the "Decade of the Roma" program.
-- We applaud the May 2008 entry into force of the new Law on
Religious Groups and Communities, which we believe is in line
with OSCE standards.
-- We look forward to even-handed implementation of its
provisions for all religious groups and communities. A clear
separation of church and state is necessary for such
even-handedness, as government funding for any group's
construction projects or of religious education in public
schools can easily give rise to charges of favoritism.
-------
Moldova
-------
¶19. (SBU) For Embassy Chisinau:
-- We urge your government to ensure that media access for
political parties and candidates is unhindered before the
Spring 2009 parliamentary elections and that government does
not influence or pressure media inappropriately.
-- We encourage the Central Election Commission continues to
maintain its commendable neutrality in registering candidates
and conducting the vote;
-- We urge Moldova to enhance efforts to prevent trafficking
in persons, protect victims, and prosecute perpetrators.
-- We hope the government will continue to implement
improvements in registration procedures and access to public
places for all religious groups in Moldova, as provided for
by the Law on Religion adopted in August 2007.
------
Russia
------
¶20. (SBU) For Embassy Moscow:
-- We hope that we can have a productive exchange of views at
this year's HDIM. There is much to be learned from the
exchange of best practices across the region.
-- We value this opportunity to sit down together to review
implementation of OSCE commitments among participating
States, including by the United States.
-- There are some troubling trends across the region on these
human dimension issues. Your government has highlighted in
public statements the need to address many of these problems
and has launched many positive initiatives in a number of
areas.
-- We are encouraged by several new initiatives launched by
the Russian Government to establish rule of law, combat
corruption and build an independent and effective judiciary
and hope that these efforts will be successful.
-- In this context, a free and vibrant civil society and
press are integral components to rule of law and countering
corruption and we note statements by President Medvedev that
Russia will seek to meet its OSCE commitments in this regard.
-- We were encouraged that the Duma rejected proposed
amendments to the media law that would have allowed media
outlets to be closed for libel without a court order.
-- We are concerned about the new government edict
eliminating tax-free status for foreign-funded NGOs and hope
that implementation of this edict will not hinder the broad
scope of the important and good work that such NGOs are doing
in Russia.
-- On the question of democratic elections, we noted at the
time, following reports by OSCE PA and COE observers, that
the government effectively limited political pluralism
through the use of administrative resources, that media
coverage, particularly among state-controlled television, was
biased, and that there was intimidation and restriction of
the political opposition.
-- We hope that the government will address those concerns in
order to allow for an electoral environment that meets
Russia's OSCE commitments to open, democratic elections and
OSCE observation thereof.
-- We urge Russia to move forward with plans to build a
multiparty system that allows for a diversity of views and
opposition voices, and hope that such a system would not be
hampered by excessively burdensome legislative registration
requirements.
-- We share the Russian Government's concern about hate
crimes and xenophobia. We have seen such crimes increase in
several countries, and realize that this is an issue of
serious concern in Russia, as there has been a significant
increase in 2008 in ethnically motivated attacks.
-- In this context, we welcome President Medvedev's public
condemnation of xenophobia and the efforts of Human Rights
Ombudsman Lukin to draw attention to the issue.
-- We see law enforcement organs taking some steps to
prosecute these crimes, but we believe more could be done to
address the underlying intolerance that motivates such crimes
and improve the capacity of the criminal justice system in
this regard. We stand ready to work with Russia both
bilaterally and through the OSCE to address this challenge.
-- We would like to commend your government for opening up
the refugee status determination procedure to allow greater
access, as well as to reconsider previously rejected cases
where applicants continue to assert they would face
persecution if repatriated.
-- Migrant labor is an issue that OSCE participating States,
including the United States, struggle with at times. This
remains a sensitive issue in many European countries.
Russia's migration legislation, implemented last year,
usefully clarified labor laws for migrant workers.
-- We would urge improved implementation of that law, and
that it be put into the framework of a comprehensive
migration policy, addressing equal employment, taxation, and
access to health care for migrant workers.
-- Religious freedom is also an important issue to OSCE
participating States. We note Russia's efforts in recent
years to maintain a multi-religious society and ensure
religious freedom but are concerned about difficulties some
religious minorities face with regard to unequal treatment
compared to "traditional" religious denominations,
impediments to legal registration, the misuse of
anti-extremism laws, and the failure to return property
confiscated from religious groups.
------
Serbia
------
¶21. (SBU) For Embassy Belgrade:
-- We welcome the parliamentary passage of implementing
legislation for the national strategy for judicial reform.
We urge you to implement the legislation as quickly as
possible now that the new government is formed.
-- We congratulate you on the arrest of Stojan Zupljanin on
June 11, 2008, and on the 2007 arrests of Zdravko Tolimir and
Vlastimir Djordjevic and the continued investigations and
prosecutions of several organized crime and war crimes
suspects.
-- We urge you to do more to capture the remaining three
fugitive war crimes suspects under indictment by the
International Criminal Tribunal for the Former Yugoslavia
(ICTY) -- Radovan Karadzic, Ratko Mladic, and Goran Hadzic.
-- We welcome the strides Serbia has made in addressing
corruption in the police and the judiciary. The fact that
the Supreme Court has upheld the conviction of a former
Supreme Court judge for bribery shows Serbia's commitment to
fighting official corruption.
-- We were pleased with the conduct of the presidential and
parliamentary elections in 2008, which the OSCE assessed as
being in line with international standards and conducted
professionally.
-- We welcome the significant efforts Serbia has been making
to comply with the minimum standards for combating
trafficking in persons, including training law enforcement in
victim identification, providing services to victims, and
investigating and prosecuting traffickers.
-- We would like to raise again the restrictive 2006 Religion
Law, which recognizes only seven "traditional" churches and
requires all other religious communities to reregister to
receive official recognition.
-- In addition to being discriminatory, we hear reports that
the law continues to be applied arbitrarily, including the
refusal of the Religion Ministry to register many minority
churches.
-- These minority religious communities have experienced
increasing incidences of vandalism against their houses of
worship -- often without appropriate police response.
-- We also urge greater attention to the question of finding
durable solutions for the large numbers of internally
displaced persons in Serbia.
--------
Slovakia
--------
¶22. (SBU) For Embassy Bratislava:
-- The Press Law which took effect on June 1, 2008, contains
a very broad right of reply, which grants any reader,
including government agencies and entities with no connection
to a story, the right to respond regardless of whether
articles are factually correct, so long as they "touch on the
honor, dignity, or privacy" of a person or legal entity.
-- Many independent experts who evaluated the Press Law
believe that this broad wording could allow undue government
and political influence over media editorial boards.
-- We urge you to amend the Press Law consistent with the
recommendations made by the OSCE Freedom of Media
Representative.
-- We are pleased that Deputy PM Caplovic has outlined a
comprehensive strategy to address the situation of Slovakia's
Roma minority.
-- We support Caplovic's efforts to bring attention to this
pressing human rights issue in Slovakia and to create
realistic solutions for the problem.
-- We urge the ministries of your government to utilize at
least the 2 percent minimum of the Eurofunds allocated to
Slovakia to implement these programs.
-- We encourage the government to approve a plan and to
allocate the necessary funds for it that would aid cities and
villages relocating Roma families from unsafe buildings.
-- This would help improve the situation surrounding forced
evictions of Roma, such as those noted by the Milan Simecka
Foundation and of the inadequate housing provided for evicted
Roma families in Nove Zamky.
-- We are concerned by apparent tightening of requirements
for the registration of religious groups in Slovakia by
requiring at least 20,000 adherents for official
registration.
-- We encourage the government to loosen these requirements
to allow greater freedom in the registration of new religions
in conjunction with Slovakia's commitment to religious
freedom.
-- We congratulate the Slovak Parliament on its work with
NGOs and Human Rights organizations to amend to the
Anti-Discrimination Law.
----------
Tajikistan
----------
¶23. (SBU) For Embassy Dushanbe:
-- The United States believes that protection of human rights
and the promotion of democracy are fundamental to creating a
stable and prosperous society.
-- Democratic reforms, inasmuch as they improve the way the
people perceive their treatment by the government, can
enhance stability.
-- Protection of property rights is a key to any functioning
economy. When governments revoke such rights, it must be
done only with full transparency, including consultation with
the affected property-holders, and with full restitution for
the market value of the property in question.
-- Property that is state-owned is managed for the benefit of
the community at large; the public should be informed of how
the government manages such property. We urge you to make
public your plans for the development of city property, and
to duly inform those whose rights may be affected by these
plans.
-- These principles seem not to have been respected in
numerous evictions by the authorities in Dushanbe, and in
particular with regard to the Jewish Community in Dushanbe.
Government officials are obliged to follow the law in
respecting private property, or reallocating public land for
use, and must do so with full transparency.
-- We urge you to provide full and prompt restitution to
those whose property has been seized or demolished, including
that of the Jewish community for the razing of the only
synagogue in Dushanbe.
-- We ask that you to allow the International Committee of
the Red Cross and Red Crescent (ICRC) full access to all
prisons.
-- We are concerned that child labor continues to be used in
the cotton sector, despite legal prohibitions.
-- There are many practical measures you could take to combat
this practice, such as not closing schools during the
harvest, reprimanding government officials who pressure
students to work, and using labor inspections to catch
violators.
-- We call on your government to implement the
recommendations in the ODIHR reports on the November 2006
elections. Action should be taken now to improve performance
in the next elections.
-- We are concerned with the use of criminal libel and
slander laws to pressure the media. We urge their
replacement with civil remedies, as many other countries have
done. We further encourage you to register and license
independent radio and television stations, including six
community radio stations which have been established in rural
areas with U.S. funding through Internews.
-- NGOs can be valuable partners for governments, including
in providing services in areas where governments have
difficulty doing so.
-- Registration requirements for NGOs, however, are unduly
complicated and have been used as a tool to harass some
legitimate NGOs. We urge that they be simplified, and that
the National Democratic Institute be registered.
-- We note that in many countries, including some in the
region, efforts to restrict religious practice simply
strengthen the growth of radicalism. We urge your government
ensure that any new legislation concerning freedom of
religion or belief meets international standards and
encourage you to seek technical assistance from ODIHR on such
legislation.
-- We also urge your government to reverse the banning of the
Jehovah's Witnesses, Ehyo Protestant Church, and Abundant
Life Christian Center, and allow them to freely practice
their faith.
-- Tajik women continue to see their social and educational
gains of the twentieth century erode. We urge you to give
the Committee on Women's Affairs real authority that will
make them a true player and advocate for women.
------
Turkey
------
¶24. (U) For Embassy Ankara:
-- We have concerns about the respect for religious freedoms
for minorities. Minority religious groups face difficulties
in obtaining recognition of their groups and their leadership
structures.
-- Minority religious groups have difficulties establishing
and maintain places of worship and institutions for religious
education and instruction.
-- Their children are not exempt from compulsory religious
instruction in schools.
-- Many reforms are necessary to improve the situation, and
these take time, but there is one concrete measure that you
could take prior to the HDIM: We urge the Turkish Government
to take the actions necessary to allow the opening of the
Theological School at Halki.
-- Another concrete step your government could take is to
ensure consistent implementation of 2006 law allowing
citizens to change religious affiliation or not specify a
religious affiliation on their ID cards. This may require
disciplining officials who ignore the 2006 law and harass
citizens seeking these changes.
------------
Turkmenistan
------------
¶25. (SBU) For Embassy Ashgabat:
(Should Turkmenistan still be blocking consensus on the HDIM
Agenda in Vienna, please use this point:) We urge your
government to join consensus in Vienna on the agenda for the
HDIM as proposed by the Chairmanship. The issue of which
NGOs attend the HDIM and the OSCE's policies on NGOs is
unrelated to the adoption of the agenda and we urge you not
to link them.
-- We urge your government to send an appropriately senior
delegation to this year's HDIM prepared to discuss the steps
that your government has begun to take to meet its OSCE
commitments and international human rights obligations.
-- We are deeply troubled by the June 20 detention and abuse
by Turkmen authorities of Radio Free Europe/Radio Liberty
(RFE/RL) contributor Sazak Durdymuradov. Any attempt to
threaten journalists is an unacceptable affront to human
rights and violates the word and spirit of our OSCE
commitments.
-- We call on your government to fully investigate the
incident, address the allegation of abuse, and hold those
responsible to account for any abuse that may have occurred.
-- We commend the government's decision to develop a
national strategic plan to catalogue and to implement the
international human rights conventions to which it is a
party, and for having already taken some steps toward
fulfilling its international human rights obligations,
although much work remains to be done.
-- These steps include:
-Establishing a Human Rights Commission under the President
in late 2007, as part of its publicly stated intention to
fulfill the country's international human rights obligations.
The Commission has been demonstrating its commitment to the
process by working closely with UNDP, the EU, and OSCE to
integrate international human rights obligations into Turkmen
legislation, judicial practice, and state institutions.
-Revising the Laws on Women's Rights and Children's Rights,
and instituting a new Law on Trafficking in Persons to bring
national laws into conformity with the country's OSCE
international treaty and convention obligations. We
understand you are currently undertaking a significant
revision of the National Constitution that will facilitate
other planned reforms.
-Reinstating a tenth year of compulsory schooling and, in
higher education, expanding student enrollments, extending
the term of study to five years, and beginning to
re-establish post-graduate programs.
-- We urge the government to continue its positive momentum
on reform by fully implementing steps it has already begun to
take, including:
-- Revising and reforming the Criminal Code, the Criminal
Procedure Code, the Civil Code, and the religion law, in
cooperation with international experts. This will represent
positive developments in building a sound framework for
strengthening the rule of law and supporting human rights.
-- Registering the first non-government organization since
¶2005. We urge the government to continue to register
non-government organizations in the coming months. Two
religious organizations were also successfully registered in
2007, and additional registrations would be welcomed.
-- Turkmen television media organizations have begun
broadening their coverage of international news events, and
the United States encourages additional efforts to increase
public access to information via television, Internet and
print sources. In the spirit of greater international
coverage, the United States would welcome press accreditation
for additional foreign correspondents in Turkmenistan.
-- For the first time, the government engaged this year in
substantive discussions with visiting high-level ICRC, OSCE,
and EU delegations. The United States remains optimistic
that such dialogues will continue and lead to concrete
cooperation with such entities that will advance
Turkmenistan's human rights goals.
-- On May 20, we delivered to you a non-paper entitled "Steps
for Further Democratic Reform and Human Rights Protection" in
Ashgabat and Washington DC. We urge you to implement the
steps outlined in the non-paper: end harassment of RFE/RL
journalists and their families and work towards accrediting
RFE/RL's reporters; release prisoners of concern; register
the Turan Mugallym and Trust Group non-governmental
organizations; make public the registration requirements for
religious organizations and register organizations that meet
them including Svet Zhizni and Imam Yoly groups; and
eliminate negative voting.
-- The non-paper included a section on "Suggested Democracy
and Human Rights Cooperation Proposals." We stand ready to
discuss those cooperation proposals in further detail and
begin implementation.
-- One concrete action you could take prior to HDIM would be
to release former FM and OSCE Ambassador Batyr Berdiyev.
-- In addition, we would welcome the lifting the suspended
sentences of two Jehovah's Witnesses, Bayram Ashirgeldiyev
and Begench Shakhmuradov, as has been done with most other
Jehovah's Witnesses sentenced for conscientious objection to
military service.
-------
Ukraine
-------
¶26. (SBU) For Embassy Kyiv:
-- We note the recent transfer of responsibility for asylum
and migration issues from the State Committee on
Nationalities and Religion to the Ministry of Interior.
-- We encourage the new State Department of Migration
Services to ensure that during the transition phase, asylum
seekers do not face unnecessary and increased processing
delays.
-- We understand that the Cabinet of Ministers decree has
instructed the SCNR propose necessary legislation to carry
out this transfer by September 1, 2008.
-- The transfer provides an opportunity for the Department of
Migration Services to simplify and streamline the current
complicated and lengthy application process for asylum.
----------
Uzbekistan
----------
¶27. (SBU) For Embassy Tashkent.
-- We commend the government of Uzbekistan for its efforts to
improve human rights in 2008. Allowing the International
Committee of the Red Cross (ICRC) access to prisons,
releasing several human rights activists from prison,
including most recently Mutabar Tojiboyeva, making progress
on addressing the UN Special Rapporteur for Torture's
recommendations from 2003, and the implementation of habeas
corpus reveal a commitment to bringing the Uzbekistan justice
system up to OSCE standards.
-- We also congratulate the government for the passage of
human trafficking legislation and the ratification of two ILO
conventions on child labor.
-- We urge the government to continue its positive momentum
with respect to the justice system by continuing to allow
ICRC access to Uzbek prisons, continuing to improve prison
conditions, granting prisoners unfettered access to
attorneys, releasing additional prisoners including those
discussed privately with the U.S. and EU countries, such as
Sanjar Umarov, and allowing Mutabar Tojiboyeva to leave
Uzbekistan to receive medical treatment abroad.
-- We are disappointed by the recent increase in harassment
of independent journalists, including the arrest of former
Radio Free Europe/Radio Liberty (RFE/RL) reporter Salijon
Abdurakhmanov on drug charges in Karakalpakstan. We call on
the government to cease its broadcasts concerning Radio Free
Europe/Radio Liberty's Uzbek-language Service "Ozodlik,"
which potentially threaten the safety of the journalists and
their families. We also urge that you issue accreditation to
international journalists, including those from RFE/RL, the
Associated Press (AP), Reuters, the British Broadcasting
Service (BBC), Agent France-Presse (AFP), and Deutsche Welle.
-- We applaud the enactment of anti-trafficking in persons
legislation and encourage you to move forward in
strengthening penalties against alleged human traffickers and
to allow international monitors to assess the use of child
labor during the fall cotton harvest, as a first step towards
implementing the ILO child labor conventions.
-- We strongly believe that it is in the best long-term
interests of both our countries that you grant amnesty to
certain individuals convicted of membership in banned
religious organizations. We ask you to revive your 2004-2006
commission responsible for the amnesty and reintegration of
many of these prisoners and to continue our dialogue on
religious freedom.
-- We are also concerned by the harassment of certain
minority religious congregations, and the apparent media
campaign against them, which we believe could incite
religious hatred and social unrest. We urge your government
to release religious minority prisoners Dmitri Shestakov,
Irfan Hamidov and Olim Turayev.
-- We request that the government cease the extradition of
individuals who have sought political asylum abroad, and
provide assurances of the safety and whereabouts of Erkin
Halikov, who was extradited from Kyrgyzstan in May. We
further call on your government to cease harassment of
Andijon refugees abroad, returned refugees, and their
families who remain in Uzbekistan.
-- We urge your government to reconsider its denial of
accreditation to the Human Rights Watch director in Tashkent,
Igor Vorontsov.
-- We call on the government to allow the return of
non-governmental organizations (NGOs) and media forced to
leave the county following the 2005 Andijon events. Many of
these NGOs contributed positively to Uzbekistan's development
prior to their removal and could help verify and publicize
Uzbekistan's recent improvements in human rights.
-- The United States stands ready to cooperate with
Uzbekistan on human rights issues. We are interested in
contributing to upcoming human rights related events outlined
by President Karimov in his recent decrees and in sending
U.S. government officials and international experts to human
rights conferences in Uzbekistan.
-- We are ready to provide training for law enforcement
officials on the new habeas corpus law. We are also prepared
to receive Uzbek Parliamentarians, government officials, and
religious leaders to the U.S. on exchange programs.
-- We are further interested in exploring the possibility of
providing training on crowd control tactics to prevent
tragedies such as the 2005 Andijon events.
RICE