VZCZCXRO0530
PP RUEHAST RUEHFL RUEHLA RUEHMRE RUEHPOD RUEHROV RUEHSR
DE RUEHVEN #0264/01 3051626
ZNR UUUUU ZZH
P 311626Z OCT 08
FM USMISSION USOSCE
TO RUEHC/SECSTATE WASHDC PRIORITY 6011
INFO RUCNOSC/ORG FOR SECURITY CO OP IN EUR COLLECTIVE
RHEHNSC/NSC WASHDC
RUCNDT/USMISSION USUN NEW YORK 0621
RUEHUNV/USMISSION UNVIE VIENNA 1176
RHMFISS/CDR USEUCOM VAIHINGEN GE
RHMFISS/CDRUSAREUR HEIDELBERG GE
RUEAIIA/CIA WASHDC
RHDLCNE/CINCUSNAVEUR LONDON UK
RUEKJCS/DIA WASHDC
RUEASWA/DTRA ALEX WASHINGTON DC
RUESDT/DTRA-OSES DARMSTADT GE
RHMFIUU/HQ USCENTCOM MACDILL AFB FL
RUEKJCS/JCS WASHDC
RUEKJCS/JOINT STAFF WASHDC
RUEKJCS/SECDEF WASHDC
RUEHGV/USMISSION GENEVA 1116

UNCLAS SECTION 01 OF 05 USOSCE 000264 
 
SENSITIVE 
SIPDIS 
 
STATE FOR VCI/CCA, VCI/NRRC, EUR/RPM, EUR/PRA, EUR/CARC, 
SCA/CEN, SCA/RA, PM/WRA 
JCS FOR J-5 
OSD FOR ISA (PERENYI) 
NSC FOR HAYES 
USUN FOR LEGAL, POL 
EUCOM FOR J-5 
CENTCOM FOR J-5 
UNVIE FOR AC 
GENEVA FOR CD 
 
E.O. 12958: N/A 
TAGS: PARM PREL KCFE OSCE RS XG
SUBJECT: FSC OCTOBER 29: MINISTERIAL DRAFT DECISIONS DEBATED 
 
REF: OCT 28 WRIGHT-SILBERBERG EMAIL 
 
¶1. (SBU) Summary: At the October 29 Forum for Security 
Cooperation, the defense minister of Cyprus appealed for OSCE 
help in disposing of surplus MANPADS  ODIHR director Lenarcic 
urged participating States (pS) to implement the 
recommendations of the ODIHR Handbook on human rights in the 
armed forces.  The handbook's author, Ian Leigh of Durham 
University, gave an overview of the handbook's wide-ranging 
provisions, including freedoms of association, political 
choice, and religion.  The U.S. criticized the handbook as 
lacking a mandate from pS and squandering ODIHR resources 
when fundamental freedoms are under attack in several pS. 
 
¶2. (SBU) Russia responded to Georgia's statement claim at the 
October 22 FSC that Russian forces had not fully complied 
with the Medvedev-Sarkozy agreement and were still occupying 
Georgian territory.  Russia disputed Georgia's territorial 
claims and insisted its forces were operating within the 
terms of the peace agreement. 
 
¶3. (SBU) In the working groups, debate continued over the 
Ministerial Council draft decision on FSC issues, with Russia 
insisting that the decision must include a requirement to 
produce progress reports on the Code of Conduct and arms 
control.  The U.S. opposes, preferring not to tie the hands 
of the FSC a year before the next Ministerial.  Russia is 
also arguing with Georgia over language describing Security 
Dialogue discussions of their August conflict.  End summary. 
 
Cyprus Asks for Help with MANPADS Disposal 
------------------------------------------ 
 
¶4. (SBU) Costas Papacostas, the defense minister of Cyprus, 
appealed for assistance in disposing of 324 surplus SA-7 
"Strela" MANPADS. Cyprus is maintaining the weapons in 
several small secure stockpiles but wishes to dismantle them 
in a safe and environmentally benign manner.  Turkey noted a 
Greek newspaper announced Cyprus was eliminating its MANPADS 
as it recently acquired the "Mistral" air defense system. 
 
ODIHR Handbook on Human Rights in Military 
------------------------------------------ 
 
¶5. (SBU) Amb. Janez Lenarcic, director of the OSCE Office of 
Democratic Institutions and Human Rights, told the Security 
Dialogue that the recently published ODIHR "Handbook on Human 
Rights and Fundamental Freedoms of Armed Forces Personnel" 
will assist pS in ensuring the OSCE acquis in human rights 
benefits all their citizens, including those in the armed 
forces.  Lenarcic cited recurring report of brutality and 
hazing in the armed forces and the need to make women more 
welcome at all ranks of the military. 
 
¶6. (SBU) The handbook proposes measures to address these 
problems, including military ombudsmen, standing monitoring 
regimes, and professional associations or unions.  While 
accepting that some restrictions on the freedoms of military 
members may be required by operational necessities, he 
contended these must be proportionate and enacted into law. 
Lenarcic appealed for financial support for ODIHR's work in 
publicizing and assisting pS to implement the recommendations 
of the handbook in 2009. 
 
 
USOSCE 00000264  002 OF 005 
 
 
¶7. (SBU) Professor Ian Leigh of Durham University (England), 
the principal author of the handbook, gave an overview of its 
many topics and recommendations, including measures to ensure 
full enforcement of freedoms of association religion, 
political activity, and gender equality (FSC-PC.DEL/36/08). 
 
¶8. (SBU) France, and on behalf of the EU, noted the Code of 
Conduct was among the inspirations for the handbook, which it 
enthusiastically welcomed.  The UK echoed French remarks. 
Sweden praised ODIHR for the handbook, and predicted its 
recommendations would strengthen discipline and esprit in the 
forces.  Sweden also asked if Lenarcic had any suggestions 
for the ongoing revision of the Code of Conduct 
Questionnaire.  Switzerland noted the role of its Geneva 
Center for the Democratic Control of the Armed Forces in the 
creation of the handbook.  Germany asked what plans ODIHR had 
for further outreach on the handbook. 
U.S. Critique 
------------- 
 
¶7. (SBU) The U.S. (Silberberg) announced the handbook would 
be reviewed by experts in capital and criticized ODIHR for 
acting outside its mandate in preparing the handbook.  The 
U.S. noted that, at a time when several pS are not fulfilling 
their key human rights commitments, it was important for 
ODIHR to focus on the core elements of its mission rather 
than, for example, the right of military members to form 
labor unions.  The U.S. noted the handbook's extensive 
references to EU agreements that it and some pS are not party 
to and urged the OSCE to promote universal and OSCE standards. 
 
¶8. (SBU) Responding to the U.S. comments, Lenarcic denied 
ODIHR was ignoring any parts of its broad mandate while 
preparing the handbook.  Leigh added that the handbook 
includes UN and other international agreements, not just the 
EU documents that are in force in the majority of pS. 
 
¶9. (SBU) Lenarcic said a follow-up event was planned in 
Georgia and Armenia had requested assistance on matters 
related to the handbook.  He declined to suggest any changes 
to the Code Questionnaire but encouraged all pS to submit 
responses that will help ODIHR in assessing the status of 
human rights in the military forces. 
 
Georgia-Russia Sparring 
----------------------- 
 
¶10. (SBU) Russia, in response to Georgia's charge at the 
October 22 FSC that Russian forces were still occupying 
Georgian territory in violation of the Medvedev-Sarkozy 
agreement, disputed the specifics of Georgia's territorial 
claims and insisted its forces were present only to maintain 
law and order and aid reconstruction efforts.  Georgia did 
not accept Ulyanov's assurances. 
 
Montenegro Joins Dayton Article IV 
---------------------------------- 
 
¶11. (U) Montenegro announced its accession to the Dayton 
Peace Accords Article IV agreement on sub-regional arms 
control. 
 
Cyber Security Decision 
----------------------- 
 
USOSCE 00000264  003 OF 005 
 
 
 
¶12. (SBU) The decision to hold a work shop on cyber security 
in March 2009 was adopted without discussion.  (FSC.DEC/10/08) 
 
MC.DD on FSC Issues 
------------------- 
 
¶13. (SBU) Debate continued over the Ministerial draft 
decision on FSC issues provisions referring to Security 
Dialogue discussions of the August Georgia-Russia conflict 
and requiring progress reports in 2009 on the Code of Conduct 
and arms control/CSBMs.  Russia and Georgia cannot agree to 
language describing the August war.  Georgia proposed 
"conflict between pS" but France objected this suggested 
conflict by all pS.  The chair, Finland (Kangaste), 
subsequently issued a revised draft with the phrase "armed 
conflict in August 2008."  (MC.DD/6/08/Rev.2)  Many 
delegations remain skeptical that Georgia and Russia would 
agree even to this shorthand. 
 
¶14. (SBU) Germany (Schweizer) proposed alternate language for 
OP3, which refers to progress reports for the 2009 
Ministerial.  The chair included this new alternate in the 
latest version of the decision (MC.DD/6/08/Rev.2).  While the 
German suggestion softens the requirement for the Code and 
arms control reports with "should," it still "requests" 
submission of reports and relegates other areas of FSC work 
to the "as appropriate" category.  However, there appears to 
be wide support for this version or the original version of 
OP3 mentioning only the two reports on the Code and arms 
control. 
 
¶15. (SBU) Ulyanov told USDEL on the margins he could not 
understand why it opposed the requirement to report on the 
Code and arms control but not the companion decision tasking 
to report on SALW.  Referring to the draft progress report on 
arms control in preparation for the 2008 Ministerial, he 
asked what was the U.S. afraid of? 
 
MC.DD on SALW 
------------- 
 
¶16. (SBU) The chair issued a revision of the Ministerial 
draft decision on SALW and stockpiles of conventional 
ammunition (MC.DD/7/08/Rev.2) to accommodate quibbles from 
some delegations over the precise nature of their obligations 
under the OP3 requirement to establish a "legal framework" 
for brokering per FSC.DEC/8/04. 
 
¶17. (SBU) The U.S. announced, per ref email, its agreement to 
the decision, particularly OP2 tic 2 requiring review of the 
OSCE Document on SALW, was conditioned on any "further 
actions" being limited to implementation of the existing 
document and would not go beyond the scope of the current 
document.  While there was no comment at the working group, 
Ulyanov subsequently told USDEL that he would object to this 
interpretation at a future meeting as it foreclosed the 
chance of doing any "real work."  He added that if the pS 
were to be limited only to implementation of exiting 
documents there was no reason for the FSC to meet.  He 
promised to return to this theme in future meetings. 
 
Defense Planning Deadline 
------------------------- 
 
USOSCE 00000264  004 OF 005 
 
 
 
¶18. (SBU) Russia revived its 2007 proposal to establish a 
single deadline of September 30 for submission of defense 
planning information under the Vienna Document.  The revised 
version also requires pS that will miss the deadline to 
inform the CPC and other pS by September 30 of the tentative 
date of submission (FSC.DEL/494/07/Rev.3).  A translation 
error in OP2, "coming year" should read "current year" was 
corrected after the meeting (FSC.DEL/494/07/Rev.3/Corr.1). 
Ulyanov said all but three of the pS have fiscal years that 
coincide with the calendar and, ergo, should have approved 
defense budgets by September 30.  He noted without further 
comment that Canada, the UK, and the U.S. have different 
fiscal years.  Norway, Sweden, and Germany supported the 
proposal. 
 
¶19. (SBU) The U.S. said it could not support the proposal, 
noting that the Vienna Document (para 15) does not contain a 
single deadline for the simple reason that pS complete their 
defense budgets at different times.  If Russia was concerned 
about the status of late submissions, the U.S. could support 
a chair's statement reaffirming the provisions of para 15 
requiring explanations for late submissions and projected 
dates of delivery. 
 
¶20. (SBU) Ulyanov replied there was no point in a chair's 
statement: there had to be a fixed deadline for the CPC to 
send reminders to late pS.  The only option was to ignore the 
problem.  If that was the advice of the U.S., then Russia 
would withdraw its proposal. 
 
SALW by Air 
----------- 
 
¶21. (SBU) The draft decision on best practices and a 
questionnaire on air transport of SALW (FSC.DD/10/08/Rev.2) 
was approved without discussion and will be considered at the 
November 4 Plenary. 
 
End-User Certificates 
--------------------- 
 
¶22. (SBU) The revised draft decision for an information 
exchange on end-user certificates (FSC.DD/9/08/Rev.1) was 
widely supported.  The U.S. gave provisional support, subject 
to final guidance.  Russia objected to the recommendation in 
OP1 to submit an English translation of the certificate.  The 
chair subsequently issued a revision (FSC.DD/9/08/Rev.3) that 
deletes this recommendation but retains the requirement that 
certificates be accompanied by a translation into one of the 
six official OSCE languages. 
 
Melange "Overview" 
------------------ 
 
¶23. (SBU) There is wide support for the proposal welcoming 
the Finnish-prepared "overview" of melange (rocket fuel 
oxidizer) disposal (FSC.DEL/148/08/Rev.1).  The U.S. proposed 
language for OP2 making the CPC tasking subject to available 
funding.  This has been reflected in a subsequent revision 
(FSC.DD/13/08). 
 
Code of Conduct Questionnaire 
----------------------------- 
 
USOSCE 00000264  005 OF 005 
 
 
 
¶24. (SBU) Sweden and Denmark proposed deleting reference to 
UNSCR 1325 on gender issues from the draft decision and 
replacing it with an expanded reference to the UN Charter and 
"fundamental freedoms" pertaining to inter alia "sex."  The 
change was suggested to meet Turkish concerns with including 
gender issues in the Questionnaire.  Turkey expressed 
provisional support. 
 
¶25. (SBU) Russia insists on retaining the I.3.1. and I.3.2. 
questions on arms control and CSBMs in order to achieve a 
document "balanced" between, on the one hand, terrorism and 
the democratic control of the armed forces, and, on the 
other, traditional political-military concerns.  Russia also 
wants to restore the earlier deleted II.1.2. question on 
taking into account the "legitimate security concerns of 
other States" (Code paras 3, 10, and 13).  Germany countered 
that this question was deleted as responses would inevitably 
involve disclosure of sensitive defense planning information. 
 
¶26. (SBU) Ulyanov also indicated frustration with the 
constant revisions of the draft Questionnaire and said 
anything resembling a final version would still require 
perhaps a month and a half of review in Moscow. 
 
¶27. (SBU) The chair announced it would make the proposal a 
draft decision and issue a revision although informal 
negotiations are expected to continue (FSC.DD/14/08). 
 
Next Meeting 
------------ 
 
¶28. (SBU) The next FSC meeting will be on November 4 and will 
feature a Security Dialogue presentation on follow-up work in 
the OSCE on the third Biennial Meeting of States on the UN 
Program of Action of SALW. 
FINLEY