VZCZCXRO4584
OO RUEHAG RUEHAO RUEHAP RUEHAST RUEHAT RUEHBC RUEHBI RUEHBL RUEHBZ
RUEHCD RUEHCHI RUEHCI RUEHCN RUEHDA RUEHDBU RUEHDE RUEHDF RUEHDH
RUEHDT RUEHDU RUEHED RUEHEL RUEHFK RUEHFL RUEHGA RUEHGD RUEHGH RUEHGI
RUEHGR RUEHHA RUEHHM RUEHHO RUEHHT RUEHIHL RUEHIK RUEHJS RUEHKN RUEHKR
RUEHKSO RUEHKUK RUEHKW RUEHLA RUEHLH RUEHLN RUEHLZ RUEHMA RUEHMC
RUEHMJ RUEHMR RUEHMRE RUEHMT RUEHNAG RUEHNEH RUEHNG RUEHNH RUEHNL
RUEHNP RUEHNZ RUEHPA RUEHPB RUEHPD RUEHPOD RUEHPT RUEHPW RUEHQU RUEHRD
RUEHRG RUEHRN RUEHROV RUEHRS RUEHSK RUEHTM RUEHVC RUEHVK RUEHYG
DE RUEHC #9222/01 1110017
ZNR UUUUU ZZH
O 202357Z APR 09
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE IMMEDIATE
RUEHUJA/AMEMBASSY ABUJA IMMEDIATE 8252
RUEHAR/AMEMBASSY ACCRA IMMEDIATE 3788
RUEHBP/AMEMBASSY BAMAKO IMMEDIATE 0534
RUEHBR/AMEMBASSY BRASILIA IMMEDIATE 2329
RUEHDK/AMEMBASSY DAKAR IMMEDIATE 2469
RUEHLGB/AMEMBASSY KIGALI IMMEDIATE 7086
RUEHLO/AMEMBASSY LONDON IMMEDIATE 3595
RUEHLS/AMEMBASSY LUSAKA IMMEDIATE 7698
RUEHME/AMEMBASSY MEXICO IMMEDIATE 0530
RUEHMO/AMEMBASSY MOSCOW IMMEDIATE 9543
RUEHNR/AMEMBASSY NAIROBI IMMEDIATE 1351
RUEHRB/AMEMBASSY RABAT IMMEDIATE 6899
RUEHRO/AMEMBASSY ROME IMMEDIATE 0315
RUEHTC/AMEMBASSY THE HAGUE IMMEDIATE 5004
RUEHJM/AMCONSUL JERUSALEM IMMEDIATE 4769
RUEHGV/USMISSION GENEVA IMMEDIATE 6728

UNCLAS SECTION 01 OF 04 STATE 039222 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL SOCI AORC KISL PHUM KDEM
SUBJECT: GUIDANCE REGARDING USG PARTICIPATION IN THE 
DURBAN REVIEW CONFERENCE 
 
¶1. This is an action request for Geneva, The Hague, 
Moscow, Jerusalem, London, Nairobi, Accra, Kigali, Lusaka, 
Rabat, Bamako, Abuja, Dakar, Mexico City, Brasilia and 
Rome. Please see paragraphs 2, 3 and 4. 
 
¶2. The draft review conference outcome document for the 
Durban Review Conference does not go far enough to address 
our redlines, as expressed in our statement on February 
¶27. Mission Geneva is instructed not to send any 
representative to the Durban Review Conference (April 
20-24) to sit behind our placard.  The Department requests 
that the Mission confine its formal activities to sending 
a notetaker to observe the proceedings from the back of 
the hall.  Mission may also observe side events at its 
discretion. 
 
¶3. Embassy Hague, Embassy Moscow and ConGen Jerusalem are 
requested to convey our sincere thanks to host governments 
and the Palestinian Authority for their strong efforts to 
find compromise language and should express our regret 
that we will be unable to join the review conference. 
Please also convey the points in paragraph 4 below. 
Department requests Mission Geneva report any other 
delegations that should be commended in capitals for 
helping to further USG objectives during the negotiations 
on the draft outcome document. 
 
¶4. Embassies London, Nairobi, Accra, Kigali, Lusaka, 
Rabat, Bamako, Abuja, Dakar, Mexico City, Brasilia and 
Rome are requested to convey to host governments U.S. 
appreciation for the importance of this issue to their 
governments and people; we share their deep and abiding 
commitment to work with the UN and fellow members states 
to eliminate racial discrimination wherever it occurs. 
Please also convey our appreciation for the efforts host 
governments made to improve the language of the document 
and find a compromise.  Posts should note our regret that 
we will be unable to join the review conference. 
 
¶5. As needed, Mission Geneva and all Posts are authorized 
to draw from the following press statement  and press 
guidance regarding the United States' non-participation in 
the Durban conference. 
 
BEGIN STATEMENT 
 
The United States is profoundly committed to ending racism 
and racial discrimination. This abiding commitment to the 
fight against racism and all forms of discrimination 
arises from the most painful pages of our history, and the 
most cherished values of our nation.  We believe that 
people of every color and creed are born free and equal in 
dignity and rights and that equality and nondiscrimination 
are fundamental principles of international law. 
 
The United States will work with all people and nations to 
build greater resolve and enduring political will to halt 
racism and discrimination wherever it occurs. 
 
The United States is deeply grateful to the many country 
delegations, including Russia as chair, and senior United 
Nations officials who have worked steadfastly to improve 
the review conference outcome document and to re-focus the 
Durban Review Conference squarely on racism and 
discrimination.  We applaud the progress that has been 
made.  The current document is significantly improved 
compared with prior versions, which is an accomplishment 
for all who aim to build a world free of every form of 
discrimination. 
 
However, the text still contains language that reaffirms 
in toto the Durban Declaration and Programme of Action 
 
STATE 00039222  002 OF 004 
 
 
(DDPA) from 2001, which the United States has long said it 
is unable to support.  Its inclusion in the review 
conference document has the same effect as inserting that 
original text into the current document and re-adopting 
it.  The DDPA singles out one particular conflict and 
prejudges key issues that can only be resolved in 
negotiations between the Israelis and Palestinians.  The 
United States also has serious concerns with relatively 
new additions to the text regarding "incitement," that run 
counter to the U.S. commitment to unfettered free speech. 
 
Unfortunately, it now seems certain these remaining 
concerns will not be addressed in the document to be 
adopted by the conference next week.  Therefore, with 
regret, the United States will not join the review 
conference.  The United States remains fully committed to 
upholding the human rights of all individuals and to 
fighting racial discrimination of every form in every 
context.  We will continue to work assiduously in all 
United Nations fora and with all nations to combat bigotry 
and end discrimination. 
 
END STATEMENT 
 
BEGIN Q & A 
 
Q: Why is the U.S. not participating in the Durban Review 
Conference? 
 
-       In February, the Administration sent an 
experienced delegation to Geneva to explore whether the 
preparatory negotiations for the Durban Review Conference 
could be moved onto a productive track.  After a period of 
intense discussions in Geneva, Washington, and in 
capitals, the United States determined that the then-draft 
document was profoundly flawed and did not represent a 
genuine, constructive effort to combat racism, 
discrimination, and other forms of intolerance. 
 
-       In subsequent weeks, significant improvements 
were made to the draft document.  Unfortunately, it still 
does not meet one of our clearly expressed concerns as the 
text continues to reaffirm in toto the Durban Declaration 
and Programme of Action (DDPA).  The United States also 
has serious concerns with relatively new additions to the 
text regarding "incitement," that run counter to the U.S. 
commitment to free speech. 
 
-       As a result, the United States will not be able 
to participate in the Conference. 
 
Q: The Durban Review is an international conference on 
fighting racism.  Doesn't your decision to not participate 
contradict the Obama Administration's commitments to 
fighting racism and working in international fora? 
 
-       As President Obama made clear when he spoke to this issue 
in his press conference on April 19 at the conclusion of the 
Summit of the Americas, and as the State Department statement 
also underscores, , 
the United States is profoundly committed to ending racism 
and racial discrimination. This abiding commitment to the 
fight against racism and all forms of discrimination 
arises from the most painful pages of our history, and the 
most cherished values of our nation.  We believe that 
people of every color and creed are born free and equal in 
dignity and rights and that equality and nondiscrimination 
are fundamental principles of human rights law and 
international humanitarian law. 
 
-       Since the U.S. delegation returned in February, 
we have monitored the negotiations in Geneva closely, and 
we made it clear that we were open to participating in a 
Conference based upon an outcome document that met our 
concerns.  While significant improvements were made, the 
text still reaffirms in toto the Durban Declaration and 
Programme of Action (DDPA) from 2001, which the United 
 
STATE 00039222  003 OF 004 
 
 
States has long said it is unable to support.  Its 
inclusion in the review conference document has the same 
effect as inserting that original text into the current 
document and re-adopting it.  The United States also has 
serious concerns with relatively new additions to the text 
regarding "incitement," that run counter to the U.S. 
commitment to free speech. 
 
-       This decision in no way diminishes the U.S. 
determination to fight against racism and bigotry at home 
and abroad, and it in no way diminishes the U.S. 
commitment to working together in all United Nations fora 
and with all nations to combat bigotry and end 
discrimination with our international partners and friends 
to unite around a common vision of a world free of 
discrimination. The United States remains fully committed 
to upholding the human rights of all individuals and to 
fighting racial discrimination of every form in every 
context. 
 
Q: You refer to the draft outcome document as not meeting 
U.S. concerns.  How?  What are your concerns? 
 
-       After our delegation returned from Geneva in 
February, we laid out a series of six clear concerns that 
would have to be met for the U.S. government to consider 
participating in any resultant Conference: 
 
¶1.      A Review Conference document that takes a 
constructive approach to tackling the challenges of racism 
and discrimination. 
¶2.   A shortened text. 
¶3.   A document that does not single out any one country 
or conflict; 
¶4.      A document that does not reaffirm in toto the 
flawed 2001 Durban Declaration and Programme of Action 
(DDPA); 
¶5.      A document that does not embrace the troubling 
concept of "defamation of religion"; and, 
¶6.      A document that does not go further than the 
2001 DDPA on the issue of reparations for slavery. 
 
Q: After the U.S. detailed its concerns in February, the 
document improved substantially.  All of the language on 
the Middle East has been removed, which was your top 
concern.  Why are you still not participating? 
 
-       The United States is deeply grateful to the many 
country delegations, including Russia as chair, and senior 
United Nations officials, notably Secretary-General Ban 
and UN High Commissioner for Human Rights Pillay, who have 
worked steadfastly to improve the review conference 
outcome document and to re-focus the Durban Review 
Conference squarely on racism and discrimination.  We 
applaud the progress that has been made. 
 
-       However, the text still contains language that 
reaffirms in toto the Durban Declaration and Programme of 
Action (DDPA) from 2001, which the United States has long 
said it is unable to support.  Its inclusion in the review 
conference document has the same effect as inserting that 
original text into the current document and re-adopting 
it.  The DDPA singles out one particular conflict and 
prejudges key issues that can only be resolved in 
negotiations between the Israelis and Palestinians.  The 
United States also has 
serious concerns with relatively new additions to the text 
regarding "incitement," that run counter to the U.S. 
commitment to unfettered free speech. 
 
If Asked: 
 
Q: The delegation that you sent in February engaged for 
only a week.  If the U.S. had engaged fully, you might 
have achieved your concerns.  Why didn't you formally 
enter the negotiations? 
 
 
STATE 00039222  004 OF 004 
 
 
-       The United States sent a distinguished and 
experienced delegation to Geneva in February to explore 
whether the preparatory negotiations for the Durban Review 
Conference could be moved onto a productive track.  After 
their discussions in Geneva, and further discussions and 
consultations with others in capitals and in Washington, 
we stated that if our concerns were met in a subsequent 
document, we would enter negotiations and participate in 
the Conference. 
 
-       Since February, we have monitored closely the 
developments in the negotiations in Geneva, and we 
continually made it clear that we would enter the 
negotiations and participate in a Conference if our 
concerns were addressed.  However, while significant 
improvements were made to the text, the document never 
fully met our concerns, so we did not join the 
negotiations. 
 
Q: Will the U.S. be represented in any manner at the 
Conference? 
 
-       The U.S. Mission in Geneva will send a staff 
member to the Conference as a notetaker. 
 
END Q & A 
CLINTON