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Viewing cable 09STATE78227, OSCE HUMAN DIMENSION MEETING DEMARCHE

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Reference ID Created Released Classification Origin
09STATE78227 2009-07-27 21:49 2011-08-26 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Secretary of State
VZCZCXRO7744
PP RUEHDBU RUEHSL
DE RUEHC #8227/01 2090429
ZNR UUUUU ZZH
P 272149Z JUL 09
FM SECSTATE WASHDC
TO RUEHAK/AMEMBASSY ANKARA PRIORITY 9318-9334
RUEHAH/AMEMBASSY ASHGABAT PRIORITY 1290-1306
RUEHTA/AMEMBASSY ASTANA PRIORITY 2913-2929
RUEHTH/AMEMBASSY ATHENS PRIORITY 0833-0849
RUEHKB/AMEMBASSY BAKU PRIORITY 8853-8869
RUEHBW/AMEMBASSY BELGRADE PRIORITY 0169-0185
RUEHEK/AMEMBASSY BISHKEK PRIORITY 5531-5547
RUEHSL/AMEMBASSY BRATISLAVA PRIORITY 0131-0146
RUEHCH/AMEMBASSY CHISINAU PRIORITY 0628-0644
RUEHDBU/AMEMBASSY DUSHANBE PRIORITY 0895-0911
RUEHMO/AMEMBASSY MOSCOW PRIORITY 2208-2224
RUEHPG/AMEMBASSY PRAGUE PRIORITY 0503-0519
RUEHSQ/AMEMBASSY SKOPJE PRIORITY 7155-7171
RUEHSF/AMEMBASSY SOFIA PRIORITY 3597-3613
RUEHNT/AMEMBASSY TASHKENT PRIORITY 1103-1119
RUEHSI/AMEMBASSY TBILISI PRIORITY 0953-0969
RUEHVL/AMEMBASSY VILNIUS PRIORITY 2350-2366
RUEHWR/AMEMBASSY WARSAW PRIORITY 4404-4420
RUEHYE/AMEMBASSY YEREVAN PRIORITY 7498-7514
UNCLAS SECTION 01 OF 17 STATE 078227 
 
SENSITIVE 
SIPDIS 
VILNIUS FOR MINSK 
 
C O R R E C T E D  C O P Y - SENSITIVE CAPTION ADDED 
 
E.O. 12958: N/A 
TAGS: PREL PHUM KDEM OSCE
SUBJECT: OSCE HUMAN DIMENSION MEETING DEMARCHE 
 
REF: STATE 59944 
 
STATE 00078227  001.2 OF 017 
 
 
1. (SBU) Summary and Action Request:  The OSCE will conduct 
its annual Human Dimension Implementation Meeting (HDIM) from 
September 28 through October 9 in Warsaw.  Based in part on 
embassies' input (reftel), which the Department appreciates, 
this demarche conveys USG views on host government human 
rights and democracy performance, with the goal of spurring 
action in these areas prior to the HDIM.  Action addressees 
are requested to deliver this demarche by July 31, 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 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 
agreements  Although the agenda for this year's HDIM is still 
being finalized, we expect that human rights education and 
the situation of the Roma/Sinti will be key topics this year. 
 
 
4. (SBU)  As with past HDIM meetings, the USG delegation will 
be prepared to present a fact-based assessment of OSCE 
participating States' progress towards meeting their OSCE 
commitments, citing both positive and negative developments 
as warranted.  To enhance the USG 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 the OSCE standards.  The USG 
delegation will be prepared to recognize positive steps that 
countries have taken, allowing us, where warranted, to praise 
as well as raise concerns. 
 
-------------- 
Talking Points 
-------------- 
 
5. (SBU) Addressees may wish to draw on the following general 
talking points: 
 
-  The USG is preparing for the September 28 to October 9 
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 
States to assess progress towards the commitments undertaken 
 
STATE 00078227  002.2 OF 017 
 
 
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 in a detailed dialogue. 
 
 
- The U.S. delegation to the conference will be prepared to 
make a fact-based assessment of how the U.S. views the 
progress towards these shared commitments that all of our 
OSCE partners, including your government, have made. We will 
note positive developments, where warranted, as well as raise 
any concerns we have. 
 
- As the annual HDIM is the primary OSCE forum for discussion 
of all participating States' implementation of their OSCE 
commitments on human rights, we expect there to be discussion 
of 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, Dr. Michael Haltzel, a distinguished 
academic and former foreign policy advisor to then-Senator 
Biden, has agreed to serve as the head of delegation.  Dr. 
Haltzel has extensive direct experience with the OSCE, 
including serving as a public member of previous U.S. 
delegations to OSCE events. 
 
------ 
ANKARA 
------ 
 
6. (SBU) For Embassy Ankara: 
 
-- While the Turkish Government has made progress in 
recognizing the property rights of religious communities in 
its amended foundations law, we urge the GOT to continue 
working towards ending government and legal obstacles so that 
all religious groups in Turkey can legally open and operate 
recognized houses of worship. 
 
-- Specifically, many minority religious groups face 
difficulties in establishing and maintaining places of 
worship and institutions for religious education and 
instruction.  In addition, the children of these religious 
minority groups who attend public schools are not exempt from 
compulsory religious instruction of the religion practiced by 
the majority. 
 
-- We urge the Turkish Government to take the actions 
necessary to allow the opening of the Theological School at 
Halki, which has been closed since 1971. 
 
-- Another concrete step your government could take would be 
to ensure implementation of 2006 law that permits 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. 
 
-- While welcoming 2008 amendments to Article 301 that 
reduced criminalization of speech, we remain concerned over 
 
STATE 00078227  003.2 OF 017 
 
 
prosecutions of journalists, academics, politicians, and 
civic activists for exercising their right to speak or write 
freely.  We urge the Turkish government to expand freedom of 
expression and reduce ideologically-motivated prosecutions of 
speech. 
 
-- We encourage continued actions that strengthen the 
protection of human rights for Turkey,s Kurdish citizens, 
including by strengthening linguistic and cultural rights, 
expanding freedom of expression, and reducing instances of 
abuse by security forces. 
 
-- We urge the Turkish government to ensure that exploitative 
child labor in agricultural and other sectors is eliminated. 
 
-- We are very grateful for the assistance Turkish 
authorities provided over the past twelve months to 
facilitate the timely resettlement to the United States of 
2100 Iraq refugees who had sought temporary asylum in Turkey. 
 At the same time, we are concerned that Turkey's laws still 
require exit permission before refugees*-for whom there is 
no durable residency solution in Turkey--are allowed to 
depart Turkey for resettlement in third countries.  While 
refugees can apply for a &humanitarian waiver,8 it is not 
consistently applied and as a result, they are forced to pay 
up to thousands of dollars before being allowed to exit the 
country.  We also encourage the GOT to alter regulations that 
require refugees to get special permission from police before 
they can travel outside the provincial towns to which they 
are assigned for temporary residence. 
 
-- We will continue to monitor closely the trials in Turkey 
regarding the murder of Armenian Turk Hrant Dink and the 
Christians murdered in Malatya in 2007. 
 
-------- 
Ashgabat 
-------- 
 
7. (SBU) Points for Embassy Ashgabat: 
 
-- For many years your government has chosen not to send a 
delegation to the HDIM.  We urge you to reverse that 
practice.  Sending a delegation would be a strong sign of 
Turkmenistan's intention to enhance its dialogue and 
engagement with the international community.  This sort of 
dialogue and exchange of views brings benefits to all of us. 
 
-- We welcome the removal of most formal restrictions on 
freedom of movement.  Despite this, de facto restrictions on 
freedom of movement remain in place for many Turkmen 
citizens, for example, family members of independent 
journalists.  We urge you to remove these restrictions in 
their entirety. 
 
-- OSCE commitments call for a pluralistic media environment 
with independent media.  We urge that your government take 
steps to allow independent media to be established.  In 
addition, we urge that you end harassment of journalists who 
work for international organizations, including RFE/RL and 
the Institute for War and Peace Reporting. 
 
-- NGOs have an important role to play in the democratic 
development of any society.  We welcome your plans to revise 
the Law on Public Associations and urge timely completion of 
that work.  In particular, we would urge a liberalization of 
the requirements for NGOs to register. 
 
-- We urge you to reform your electoral legislation and to 
develop regulations to provide a procedure for the 
establishment of alternative political parties.  We welcome 
the fact that your legislation already allows independent 
 
STATE 00078227  004.2 OF 017 
 
 
candidates to run for office, but urge you to take steps to 
ensure that they are allowed to do so in practice. 
 
-- We urge you to allow the International Committee of the 
Red Cross (ICRC) access to your prisons. 
 
-- We are pleased that you plan to revise the Law on Religion 
and urge timely completion of that work.  As part of that 
process, we encourage consultations with representatives of 
all religious groups in order to take into account their 
needs and concerns.  The final text of the law should 
incorporate recommendations by international experts, such as 
the OSCE ODIHR, to insure conformity with international 
standards and commitments in these areas. 
 
-- This process is an opportunity to clarify the registration 
requirements for religious organizations and register groups 
that meet the requirements.  A useful step that you could 
take prior to the HDIM would be to register several religious 
groups whose applications have been pending, including:  Svet 
Zhizni (Light of Life) and Iman Yoly (Path of Faith) Turkmen 
Baptist Church. 
 
-- We all have made commitments within the OSCE framework to 
consider alternative service for conscientious objectors.  We 
urge you to create alternative service for conscientious 
objectors, as well as to release any conscientious objectors 
currently in prison, including the two Jehovah's Witnesses 
sentenced to prison in May  and June 2009 for refusing 
obligatory military service based on their religious beliefs. 
 
 
-- A useful step that you could take prior to the HDIM would 
be to register three NGOs which have been trying to register 
for some time:  the Fulbright Alumni Association, Yelken, and 
Turan Mugallym. 
 
------ 
Astana 
------ 
 
8. (SBU) Points for Embassy Astana: 
 
-- The United States notes the importance of this HDIM, the 
last before Kazakhstan assumes the OSCE 
Chairmanship-in-Office, as an opportunity for Kazakhstan to 
show leadership by setting a positive example of progress on 
human dimension issues. 
 
--  The package of legislation Kazakhstan adopted to 
implement the commitments it made at the Madrid OSCE 
ministerial was a step in the right direction.  Much more 
remains to be done, however, to bring Kazakhstan,s 
legislation and practice into line with the standards set by 
its OSCE commitments. 
 
-- One specific democratic reform we recommend is the 
establishment of independent election commissions composed of 
representatives of all political parties. 
 
-- The United States also will be carefully monitoring 
implementation of the commitments Kazakhstan made regarding 
the independence and mandate of the Office of Democratic 
Institutions and Human Rights (ODIHR), on NGO access to OSCE 
events, and on the reappointment of the three personal 
representatives of the Chairmanship on tolerance. 
 
-- We urge Kazakhstan to decriminalize libel fully and to 
ensure that civil libel judgments are not so punitive as to 
force the closure of media outlets. 
 
-- We were disappointed by the passage into law of the new 
 
STATE 00078227  005.2 OF 017 
 
 
Internet Law.  The new law does not meet Kazakhstan,s OSCE 
commitments to freedom of expression, and its adoption is a 
severe blow to freedom of expression in Kazakhstan and to 
Kazakhstan's international image. 
 
-- The media have an important role to play in exposing 
corruption.  The trial of the editor of "Alma-Ata Info" 
newspaper, Ramazan Yesergepov, therefore, is having a 
troubling effect on freedom of expression in Kazakhstan. 
 
-- Kazakhstan can be proud of its tradition of interethnic 
and interfaith tolerance.  One area where Kazakhstan could 
take additional steps to build on this record is in the 
acceptance of newer and non-traditional religious groups. 
 
-- We were troubled by the case of Elizaveta Drencheva, a 
Unification Church member and Russian citizen, who was found 
guilty in January 2009 by an Almaty district court on charges 
of "instilling a sense of inferiority in citizens based on 
their tribal association" and sentenced to two years in jail. 
 
-- The Drencheva case is of concern because it was based on 
the religious content of several lectures she gave in which 
she articulated the Unification Church's teachings.  Absent 
incitement to violence, governments have no standing to judge 
the teachings of a church, and doing so is inconsistent with 
Drencheva's freedom of belief. 
 
-- In addition, two Church of Scientology branches are 
currently under investigation on allegations they have 
illegally engaged in business activities.  Some 
"non-traditional" religious groups, including evangelical 
Protestants and Ahmadi Muslims, have reported that KNB agents 
attend their religious gatherings and sometimes tape the 
proceedings. 
 
-- The problems encountered by these "non-traditional" groups 
are inconsistent with Kazakhstan's tradition of religious 
tolerance. 
 
-- We urge the Kazakh government to ensure that exploitative 
child labor in the cotton and tobacco sectors is eliminated. 
 
------ 
ATHENS 
------ 
 
9. (SBU) Points for Embassy Athens: 
 
-- The United States deeply values the effective work of the 
Greek OSCE chairmanship.  We particularly applaud the 
principled approach you have taken to the negotiations on the 
Georgia Mission mandate and the launch of the Corfu process. 
 
-- We would like to urge a similarly principled approach to 
the management of the HDIM, particularly on the issue of NGO 
access to the event.  The standard is clear -- only groups 
that advocate violence in the judgment of the CiO, not of 
other participating States -- are not allowed to participate. 
 
-- As we have in the past, we also would like to raise the 
situation of the Roma in Greece. 
 
-- 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. 
 
 
STATE 00078227  006.2 OF 017 
 
 
-- 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. 
 
-- 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. 
 
---- 
BAKU 
---- 
 
10. (SBU) For Embassy Baku: 
 
-- NGOs are an important contributing factor in democratic 
development and an integral part of every modern democratic 
society.  Therefore, we are concerned about the recent arrest 
and detention of NGO leaders Emin Milli and Adnan Hajizadeh. 
They were beaten and detained, while their assailants were 
released. We urge the GOAJ to release Milli and Hajizadeh 
pending trial.   We also ask that the Government of 
Azerbaijan exercise due process in this case and respect the 
rights of individuals. 
 
-- (As appropriate) We urge the GOAJ to seek input from the 
Venice Commission of the Council of Europe and the Office of 
Democratic Institutions and Human Rights of the OSCE before 
the President signs into law the recent amendments to the law 
on NGOs. 
 
-- We continue to be concerned about the poor environment for 
media in Azerbaijan, particularly incidents of violence 
against journalists.  We encourage your government to send a 
strong signal of its commitment to media freedom, for example 
by issuing a strong statement that violence against 
journalists will not be tolerated.  We also encourage your 
government to investigate and prosecute those responsible for 
such violence. 
 
-- We applaud the release of imprisoned journalist 
MirzaZahidov, and call upon your government to release other 
imprisoned journalists, including Eynulla Fatullayev and 
Ganimat Zahidov.  We also applaud recent statements from the 
presidential administration regarding the non-use of criminal 
courts for libel cases, and the instant reversal of two 
journalists, convictions under the libel laws this spring. 
We encourage your government to remove these criminal-libel 
statutes from your criminal code. 
 
-- We urge the GOAJ to seek input from the Venice Commission 
of the Council of Europe and the Office of Democratic 
Institutions and Human Rights of the OSCE before the 
President signs the amended law on the media.  We also urge 
the GOAJ to consult with these two institutions if it is 
considering drafting legislation to regulate the internet. 
 
-- Freedom of assembly is also an important component to the 
development of democracy.  We remain concerned about the 
restrictive implementation of Azerbaijan's law on freedom of 
assembly, and urge your government to allow peaceful 
 
STATE 00078227  007.2 OF 017 
 
 
demonstrations to occur in central Baku and elsewhere in the 
country. 
 
-- Azerbaijan's late 2009 municipal elections offer an 
important opportunity for your government to showcase its 
commitment to grassroots democracy.  We urge that these 
elections be conducted in a fair and transparent manner, and 
that your government will continue to improve the Election 
Code, based on the recommendations made by the OSCE Office of 
Democratic Institutions and Human Rights and the Venice 
Commission of the Council of Europe. 
 
-- We also continue to be concerned about religious freedom 
in Azerbaijan.  Recent amendments to the Law on Religious 
Freedom may prevent some religious groups from practicing 
freely.  We urge your government to seek input from the 
Venice Commission of the Council of Europe and the Office of 
Democratic Institutions and Human Rights of the OSCE before 
the President signs the amended law. We also encourage your 
government to conduct the registration process for all 
religious groups in a transparent and balanced manner. 
 
-- We urge you to work with the Council of Europe to resolve 
several alleged cases of imprisonment on political grounds. 
 
-------- 
BELGRADE 
-------- 
 
11. (SBU) Points for Embassy Belgrade: 
 
-- We welcome the greater coordination of law enforcement 
agencies seeking war crimes suspects Ratko Mladic and Goran 
Hadzic and urge continued efforts to apprehend the remaining 
indictees. 
 
-- We are pleased at the creation of the ministerial-level 
Anti-Trafficking Council. We welcome increased funding for 
protection of victims.  We urge that you now intensify 
efforts on the prosecution, conviction and punishment of 
trafficking offenders and to develop and implement a formal 
identification and referral mechanism for potential 
trafficking victims. 
 
-- The December 2008 package of judicial reforms was a very 
useful step towards improving the efficiency of the judicial 
system and enhancing judicial independence.  We urge 
expeditious implementation of these new provisions, in 
particular completing the reappointment of judges. 
 
-- We welcome recent progress in addressing corruption and 
organized crime, not only high-profile arrests, but also the 
adoption of the asset seizure law and the law establishing a 
new anticorruption agency.  We urge that the process of 
creating the agency be accomplished as soon as possible and 
that it be given sufficient resources to be effective. 
 
-- The United States remains concerned that the 2006 Religion 
Law's restrictive recognition of only seven "traditional" 
churches remains in force.  We urge Serbia to amend its 
provisions or adopt a new law. 
 
-- We urge adoption of the Model Law on Legal Subjectivity 
(Law on the Procedure for Recognition of Persons without 
Identity Documents) to streamline procedures and allow 
stateless individuals access to rights guaranteed by the 
Constitution, including access to education, employment, and 
health care.  We are concerned that statelessness 
disproportionately affects the Roma, Ashkali, and Egyptian 
(RAE) population. 
 
-- We urge you to work for durable solutions for the 
 
STATE 00078227  008.2 OF 017 
 
 
approximately 100,000 refugees and 200,000 internally 
displaced persons in Serbia. 
 
------- 
BISHKEK 
------- 
 
12. (SBU) Points for Embassy Bishkek: 
 
-- We look forward to discussing the final report from the 
OSCE observer mission to the July Presidential elections at 
the HDIM. 
 
-- The United States has been extremely disappointed in the 
increased restrictions being placed on Kyrgyz society.  The 
recent amendments to the religion law and public assembly 
laws were steps away from the democratic path.  We urge that 
your government reconsider these measures. 
 
-- We likewise are troubled by the restrictive draft NGO law. 
 NGOs play a vital role in any functioning democracy; they 
can be partners in providing social services and they promote 
transparency and defend human rights, to name but a few of 
their potential functions.  For them to be effective however, 
they need the space to operate, free from burdensome 
restrictions.  Given the draft law's inconsistency with your 
OSCE commitments, we urge that your government not adopt it. 
 
--We were disappointed at the passage of the restrictive law 
on religion, which makes it difficult for small religious 
groups to function or develop, and did not take into account 
the concerns expressed by nongovernmental organizations, 
religious groups or the OSCE. 
 
-- My government also is deeply concerned by recent incidents 
of harassment and violence directed against journalists.  We 
urge prompt effective investigations and that those 
responsible be held accountable. 
 
-- One practical step that your government could take in the 
near term would be to allow Radio Free Europe/Radio Liberty 
to broadcast on the Kyrgyz public television and radio 
network. 
 
-- We urge the Kyrgyz government to ensure that exploitative 
child labor in the cotton, tobacco, and other sectors is 
eliminated. 
 
---------- 
BRATISLAVA 
---------- 
 
13. (SBU): For Embassy Bratislava 
 
-- The United States places great value in its relationship 
with Slovakia, a trusted NATO ally and partner.  We view our 
friendship as a strong foundation on which to have a dialogue 
on the commitments we have made to each other within the OSCE 
framework.  However we are becoming concerned that corruption 
and allegations of misuse of law are beginning to have a 
negative effect on the rule of law.  We are prepared 
bilaterally or through the OSCE to assist Slovakia in 
addressing these issues through appropriate reforms. 
 
-- Recent incidents reflect the continued vulnerability of 
Slovakia's Roma minority.  Discrimination against the Roma 
remains widespread, particularly in education and employment 
practices.  Violence against the Roma is on the rise.  The 
physical and psychological assault on six Roma minors by 
policemen in Kosice is a poignant example that highlights the 
urgent need for Slovakia to bolster human rights training for 
all police officers. We would urge Slovakia to implement 
 
STATE 00078227  009.2 OF 017 
 
 
through the OSCE our mutual commitments to eliminate 
discrimination against minorities and require that law 
enforcement personnel do not use excessive force or other 
measures. 
 
-- The United States is also concerned by reports that 
suggest increasing intimidation of the media.  The 
restrictive press law and punitive libel awards to 
politicians and other public figures have a chilling effect 
on freedom of expression in Slovakia.  We urge Slovakia to 
work with the OSCE Freedom of Media Representative to ensure 
the letter and implementation of the press and libel laws are 
in line with OSCE commitments. 
 
-------- 
CHISINAU 
-------- 
 
14. (SBU) Points for Embassy Chisinau: 
 
-- The April 2009 elections and subsequent violence 
highlighted a series of shortcomings with Moldova's current 
electoral legislation and its implementation.  The July 29 
elections are an opportunity for the Government of Moldova to 
demonstrate its commitment to democracy and human rights.  We 
urge you to address the shortcomings of the April 5 vote 
identified by the OSCE observation report and to fully 
implement the recommendations for reform that this report 
highlighted. 
 
-- An important immediate step you could take would be to 
ensure that authorities do not harass the opposition or 
students, and fully respect your OSCE commitments to the 
freedoms of assembly and expression in the electoral 
campaign. 
 
-- We remain concerned  about the importance of accurate 
voter lists, access to the media by opposition candidates, 
and harassment of members of civil society.  Initial efforts 
to improve the voter lists and improve media access appear 
promising, but more can be done. 
 
-- We urge the Moldovan government to ensure that 
exploitative child labor in agricultural and other sectors is 
eliminated. 
 
-- We also urge the GOM to register IRI and NDI immediately. 
Both organizations are working to strengthen democracy in 
Moldova, not a particular party.  The registration of these 
organizations would represent a simple measure your 
government could take to show its continued commitment to a 
democratic and free Moldova. 
 
-------- 
DUSHANBE 
-------- 
 
15. (SBU) Points for Embassy Dushanbe: 
 
-- The recently enacted "law on freedom of conscience and 
religious associations" is inconsistent with your OSCE 
commitments.  It places extensive restrictions on religious 
practice, and favors one type of Islamic practice (Hanafi) 
over others. 
 
-- We note with concern that since the enactment of the law, 
there has been an increase in arrests and harassment of 
members of minority religious groups, including Jehovah's 
Witnesses and followers of Salafism. 
 
-- We believe these actions will only force religious 
practice underground, and may result in radicalization of 
 
STATE 00078227  010.2 OF 017 
 
 
members of religious minorities.  We urge that you take 
immediate action to repeal this restrictive law and draft one 
consistent with your OSCE commitments. 
 
-- We urge Tajikistan to adopt reforms to the election law in 
line with recommendations from the OSCE and from IFES. 
Action is needed soon to allow time to implement the changes 
prior to the 2010 parliamentary elections. 
 
-- We are encouraged by the President's recent 
appointment of a Human Rights Ombudsman.  We urge that the 
office be given the resources and political independence it 
needs to be an effective tool to fight human rights abuses. 
 
-- The United States is deeply troubled by ongoing instances 
of torture, most recently the beating death of Khurshed 
Bobokalonov by the police.  Tajikistan must set an example by 
investigating this incident, and punishing those who killed 
Bobokalonov. 
 
-- We urge that you to allow the International Committee of 
the Red Cross and Red Crescent to conduct prison monitoring. 
 
-- We urge you to appoint a new Chairman of the 
Interministerial Commission on Trafficking in Persons and to 
devote resources to educating Tajiks about the dangers of 
trafficking. 
 
-- Most importantly, Tajikistan must demonstrate its 
seriousness by investigating, prosecuting, and convicting 
those engaged in trafficking in persons, including officials 
who force students and others to pick cotton, and security 
officials who have allegedly raped and abused victims of 
trafficking. 
 
-- Corruption undermines public faith in government and in 
the value of democratic political participation.  It deters 
investment and has caused immense damage to the educational 
and health systems.  We urge Tajikistan to start to attack 
this scourge by improving transparency at all levels of 
government. 
 
-- We urge the Tajik government to ensure that exploitative 
child labor in cotton and other sectors is eliminated. 
 
----- 
MINSK 
----- 
 
16. (SBU) Points for Embassy Minsk: 
 
-- We note that your government has taken some positive steps 
such as allowing limited distribution of two independent 
newspapers through state networks, registering the &For 
Freedom8 movement, and creating a public council to engage 
civil society.  However, the fundamental situation for human 
rights in Belarus remains unchanged. 
 
-- Many independent papers remain outside of state networks. 
Many organizations remain unregistered. And independent 
activists and organizations continue to face harassment from 
authorities. 
 
-- We urge your government to take additional positive steps 
on human rights.  This will allow for a more robust 
relationship between the United States and Belarus. 
 
------ 
MOSCOW 
------ 
 
17. (SBU) Points for Embassy Moscow: 
 
STATE 00078227  011.2 OF 017 
 
 
 
-- The U.S. would like to build on the success of the recent 
Summit and on the positive tone in last year's HDIM to hold a 
productive dialogue on human rights issues at this year's 
meeting. 
 
-- 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 to address problem 
areas in Russia. Challenges and obstacles remain for Russia 
in its fulfillment of human dimension commitments. 
 
-- We welcome signs that President Medvedev recognizes the 
important role that civil society, establishing the rule of 
law, combating corruption and building an independent and 
effective judiciary play in supporting a successful nation 
and we look forward to seeing these efforts succeed and be 
complemented by the advancement of democratic institutions. 
 
-- 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. 
 
-- It is important both in protecting the fundamental freedom 
of speech and in building respect for rule of law to resolve 
fully the many cases of violent crimes against media workers. 
 We cannot emphasize enough the importance of effective, 
transparent investigations and prosecutions and due process 
in the cases of murdered journalists Natalya Estemirova, Paul 
Klebnikov, Anna Politkovskaya, and the double-murder of 
Anastasia Baburova and lawyer Stanislav Markelov.  We cannot 
allow such n violence against journalists to go unpunished. 
 
-- Also in the context of strengthening rule of law and 
promoting stability, we urge that your government strengthen 
protection and promotion of human rights and rule of law in 
the North Caucasus. 
 
-- Along with the press, NGOs also have an important role to 
play in building respect for the rule of law and promoting 
transparency. There are a large number of NGOs that continue 
their activities throughout Russia despite harassment, 
occasional intimidation, and restrictions. We urge that you 
promote civil society organizations by allowing them to 
operate freely, reducing bureaucratic restrictions and 
widening the political space. While the recent changes to the 
NGO law are an important step, we hope that this will lead to 
tackling some of the other difficult issues facing NGOs. 
 
-- In addition, many peaceful, non-violent NGOs have been 
subjected to accusations of extremist activities; this broad 
application of anti-extremism laws can only hinder the 
important and useful work that such NGOs are doing in Russia. 
 
-- 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, where there has been a significant 
increase in 2009 in ethnically motivated attacks. 
 
-- We welcomed President Medvedev's public condemnation of 
xenophobia last year and the efforts of other government 
figures to draw attention to the issue. 
 
-- It's important that law enforcement organs prosecute these 
crimes.  But we believe more could also be done to address 
the underlying intolerance that motivates such crimes and 
improve the capacity of the criminal justice system in this 
regard. 
 
 
STATE 00078227  012.2 OF 017 
 
 
-- Many NGOs have done useful work in promoting tolerance and 
documenting hate crimes, and we urge your government to work 
with them.  In addition, my government stands ready to work 
with Russia both bilaterally and through the OSCE to address 
this challenge. 
 
-- We urge Russia to move forward with plans to build a 
multiparty system that allows for a diversity of views and 
opposition voices to be heard, as they too often are muffled 
by practical restrictions on the freedom of assembly and on 
freedom of expression. and one practical step you could take 
is to ease excessively burdensome legislative registration 
requirements. 
 
-- 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. 
 
-- We also note that Russia has an obligation under 
International Humanitarian Law to ensure the protection of 
the civilian population in those areas of Georgia that it 
occupies.  There are reports of gang activity, banditry and 
kidnappings, among other crimes and human rights abuses, but 
due to Russia's veto of the UNOMIG Mandate and failure to 
join consensus on the OSCE Mission Mandate, these accusations 
can not be investigated by credible international bodies. 
 
-- We call on your government to facilitate humanitarian 
access to these areas, in keeping with both International 
Humanitarian Law and the August 12 and September 9 cease fire 
agreements. 
 
-- We also urge the government of Russia to raise awareness 
of the commercial sexual exploitation of children and to work 
to enhance law enforcement,s capacity to fight this worst 
form of child labor. 
 
------ 
PRAGUE 
------ 
 
18. (SBU) Points for Embassy Prague: 
 
-- The United States places great value in its relationship 
with the Czech Republic, a trusted NATO ally and partner.  We 
view our friendship as a strong foundation on which to have a 
dialogue on the commitments we have made to each other within 
the OSCE framework. 
 
-- We appreciate the Czech Republic's strong commitment to 
democracy and human rights, and its willingness to speak up 
in support of these principles in many international fora. 
The Czech Republic continues to be a wonderful host for Radio 
Free Europe/Radio Liberty and its mission of providing 
uncensored and objective reporting in areas where such 
reporting has been lacking. 
 
-- We are encouraged by the Ministry of Interior efforts to 
fight extremism, but continue to be concerned by the 
situation of the Roma in the Czech Republic.  We welcome 
final adoption of the anti-discrimination law, and look to 
its full implementation as a tool for enforcement of the 
rights of Roma individuals.  The establishment of the Agency 
for Social Exclusion of Roma Communities to combat Roma 
exclusion is also an important step.  We would urge you to 
continue to investigate vigorously incidents such as the 
 
STATE 00078227  013.2 OF 017 
 
 
April firebomb attack in northern Moravia, which seriously 
burned a two-year old girl, and hold the perpetrators 
accountable. 
 
-- Promotion of tolerance and education about the violence 
Roma have too often faced is an important step.  In that 
context we welcome calls for the creation of a memorial to 
the Roma Holocaust on the site of a Nazi-era concentration 
camp. 
 
-- The issue of early childhood education for Roma will be a 
special topic at this year's HDIM.  We note the World Bank 
October 2008 study and a January 2009 study commissioned by 
the Education Minister, which recommended specific 
educational reforms including targeted assistance in areas 
such as preparatory classes and teachers' assistants.  We 
urge you to move forward with those initiatives. 
 
-- Housing continues to be a significant challenge for the 
Roma.  We note the 2008 study entitled "Social Exclusion of 
Roma and Czech Society," by the Gabal Analytical and 
Consulting Agency (GAC), which recommended that your 
government issue a declaration which would be agreed to by 
all public bodies stating that social exclusion is a serious 
issue confronting Czech society.  We urge you to take this 
step. 
 
------ 
SKOPJE 
------ 
 
19. (SBU) Points for Embassy Skopje: 
 
-- The United States was encouraged by the improvements in 
the conduct of the March/April 2009 Parliamentary elections, 
following the violence and irregularities that marred the 
June 2008 elections.  We were particularly pleased by the 
effort made to implement the OSCE/ODIHR's 28 recommendations. 
 
-- We urge that the SEC build on this progress by taking 
steps to assure the accuracy of the voter list.  We urge that 
the reports of voter intimidation in the March/April 
elections be thoroughly investigated and the perpetrators 
held responsible.  Doing so will help build a more positive 
climate for the next elections. 
 
-- The United States welcomes the considerable progress 
Macedonia has made on the issue of Trafficking in Persons, 
including commendable efforts in identifying and protecting 
victims of trafficking, prosecuting traffickers, and 
preventing trafficking. 
 
--We urge your continued hard work in these areas. 
 
-- We note Macedonia's general respect for religious freedom 
but urge that you implement effectively the registration 
portion of the 2007 legal status law.  The process introduced 
by the Skopje Court in charge of registration has been 
problematic, leading to delays and confusion about standards. 
 Failure to implement the law severely hinders new 
registrants' ability to acquire legal standing. 
 
-- The United States is concerned by serious allegations of 
pressure from some authorities against media outlets because 
of critical reporting.  This kind of pressure, coupled with 
libel and defamation lawsuits, can have a chilling effect on 
the media's ability to report freely.  We urge Macedonia to 
promote freedom of expression, including for the media, in 
line with its OSCE commitments. 
 
-- We applaud the measures your government intends to take to 
enhance judicial transparency, including prompt publication 
 
STATE 00078227  014.2 OF 017 
 
 
of court decisions, the planned publication on the Internet 
of court proceedings, the planned opening of the Judicial 
Council and Prosecutors Council meetings to the press and 
public, and defense attorneys' unfettered access to clients 
in pre-trial detention.  Once implemented, these will all be 
significant steps forward for Macedonia's judicial process 
and adherence to OSCE commitments. 
 
----- 
SOFIA 
----- 
 
20. (SBU) Points for Embassy Sofia: 
 
-- The United States places great value in its relationship 
with Bulgaria, a trusted NATO ally and partner.  We view our 
friendship as a strong foundation on which to have a dialogue 
on the commitments we have made to each other within the OSCE 
framework. 
 
-- The United States is concerned by what appears to be a 
deteriorating environment for freedom of expression by the 
media.  There are serious reports of intimidation of 
journalists and increased political influence over the media. 
 
-- One step your government could take to help combat the 
politicization of the media would be to make political 
financing more transparent.  In addition, authorities should 
aggressively investigate intimidation and physical attacks on 
journalists and prosecute perpetrators. 
 
-- We urge that your government make improving the judiciary 
a priority.  This requires stronger disciplining of judges, 
enforcing the new Code of Ethics and the amending of the 
criminal procedures code. 
 
-- The OSCE election observation report noted credible 
reports of widespread vote buy and voter manipulation.  To 
ensure the legitimacy of elections, vote buying must be 
combated more vigorously.  We urge the strengthening of 
current penalties.  We also urge you to work with the OSCE's 
ODIHR on ways to strengthen the electoral laws and 
strengthened to prevent abuses such as gerrymandering, 
unclear campaign financing and spending, and allowing 
indicted criminals to run for office. 
 
-------- 
TASHKENT 
-------- 
 
21. (SBU) Points for Embassy Tashkent: 
 
-- We commend the government of Uzbekistan for taking certain 
steps to improve human rights in 2009, including: signing an 
Annual Work Plan with UNICEF addressing the elimination of 
child labor, passing criminal code amendments that will 
strengthen penalties against human traffickers; constructing 
a shelter for TIP victims that is expected to open in the 
next few months, and adopting several new laws strengthening 
the rights of criminal defendants, including the habeas 
corpus law. 
 
-- We urge the government to continue its progress in several 
areas. First, we urge the government to move expeditiously to 
extend last year's ICRC program that allowed observers into 
Uzbekistan prisons, and to expand the program to also allow 
access to pre-trial detention facilities run by the National 
Security Service. Second, we encourage the government to 
allow international monitors to conduct an objective 
assessment of the use of child labor during the fall cotton 
harvest. An objective assessment would provide reliable 
information about the true scope of the problem -- something 
 
STATE 00078227  015.2 OF 017 
 
 
that has been hotly disputed for several years. Finally, we 
urge the government to broaden its prisoner amnesty program 
in order to release individuals who are being held in custody 
for their political or religious views. 
 
-- We also express our concern over some negative steps on 
human rights in 2009.  Two U.S.-based NGOs were registered in 
2008, which was a positive first step in allowing the return 
of NGOs and media that were forced to depart the country 
after the 2005 Andijon events. However, the government since 
then has showed few signs of liberalizing its restrictions on 
NGOs or their activities. We encourage the government to move 
forward in this area, and a good step would be to work more 
closely with the International Organization for Migration 
(IOM), which currently operates in Uzbekistan through a 
local, sponsoring NGO. We also encourage the government to 
reconsider the registration and testing requirements imposed 
on the legal defense bar this year, which so far appear to be 
overly subjective and open to abuse as a vehicle to control 
or even suspend the activities of certain defense lawyers. 
Likewise, we strongly urge the government to ensure the 
independence of the Chamber of Lawyers. 
 
--We are deeply concerned about prosecutions of journalists 
and human rights activists, and urge the government to ensure 
they are well treated and receive due process. 
 
--Finally, we further urge the government to take steps to 
allow religious groups in the country to practice more freely 
regardless of their size or location. 
 
--We are very concerned about the arrests this year of at 
least 37 individuals ) including a FLEX program alumnus who 
studied in Connecticut ) on extremism charges based on their 
alleged membership in Nur, a movement associated with Turkish 
Islamic scholar Fethullah Gulen. 
 
-- We also would like to affirm our willingness to continue 
to cooperate with Uzbekistan on human rights programs, which 
in the past have included such things as training for law 
enforcement officers, legal exchanges, and participation in 
conferences in areas like habeas corpus. Future programs 
could be expanded into new fields, as well, including the 
rights of women and the disabled. We recognize that the 
Government of Uzbekistan seeks to meet international 
standards, and we look forward to facilitating this process 
by providing assistance on human rights-related projects. 
 
-- The United States government is concerned by the poor 
environment for independent media in Uzbekistan and urges the 
Government to allow independent media to function freely. 
Where journalists and human rights activists are arrested, 
Uzbekistan has an obligation to ensure it follows due process 
in prosecution of journalists and human rights activists. 
 
------- 
TBILISI 
------- 
 
22. (SBU) Points for Embassy Tbilisi: 
 
-- The United States values its partnership with Georgia, and 
believes our friendship and the U.S.-Georgia Charter are 
solid bases for dialogue on our mutual OSCE commitments. 
 
-- We are concerned by the polarization in Georgia politics. 
We welcome the restrained reaction of the police and security 
forces to the ongoing demonstrations.  We urge you to take 
further measures to build confidence and decrease 
polarization, particularly with the non-parliamentary 
opposition. This should include an end to violence against 
opposition figures, accountability for the violence that has 
 
STATE 00078227  016.2 OF 017 
 
 
occurred, responsible law enforcement if opposition activists 
break the law, and increased respect for political pluralism. 
 
-- The Parliament and Judiciary have key roles to play in a 
democracy, and we urge their strengthening through an 
inclusive, transparent constitutional reform process. 
 
-- We encourage your government to continue pressing for 
Parliamentary approval of the Criminal Procedure Code, a 
reform which would help enhance the rule of law in Georgia. 
 
-- The United States urges steps to increase the transparency 
of media ownership. We also urge an end to government 
editorial control, direct or indirect, over the news. 
 
-- We encourage respect for freedom of association, including 
the freedom to form and join labor unions, and for such 
unions to be free to exercise the right of collective 
bargaining. 
 
-- We encourage your government to return the Armenian 
Orthodox churches now in dispute with the Georgian Orthodox 
Church to their Armenian-Georgian congregations. 
 
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WARSAW 
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23. (SBU) Points for Embassy Warsaw: 
 
-- The United States greatly values its relationship with 
Slovakia, a valued NATO ally and partner.  We view our 
friendship as a strong basis on which to have a dialogue on 
the commitments we have made to each other within the OSCE 
framework. 
 
-- We welcome the principled stands that Poland takes on 
human rights issues in international fora.  We thank Poland 
also for hosting the annual HDIM and the OSCE Office of 
Democratic Institutions and Human Rights (ODIHR) headquarters 
in Warsaw. 
 
-- We applaud Poland's Constitutional Court decision to 
strike down a penal code provision criminalizing criticism of 
the "Polish nation." 
 
-- We urge the abolishment of criminal libel and defamation, 
in line with the recommendations of the OSCE Representative 
on Freedom of the Media.  The Representative also has 
expressed concern that the new media law fails to protect the 
editorial independence of public service media. 
 
-- The United States welcomes the priority that Poland has 
given to combating trafficking in persons and the recent 
steps taken to expand its victim assistance program.  We 
encourage the Government to increase training for judges and 
prosecutors in order to improve prosecution efforts and 
strengthen sentences of traffickers. 
 
-- The United States remains concerned about the problems of 
ensuring a timely trial and the number of pre-trial 
detentions, an issue that impacts prison overcrowding.  We 
urge reforms to improve the efficiency and timeliness of the 
judicial system and thus increase public confidence. 
 
-- The United States welcomes the Polish Government promotion 
of a Polish-Jewish dialogue as well as the Government's 
cooperation with ODIHR in the preparation of new educational 
material to combat anti-Semitism, and encourage the 
Government to ensure its incorporation into the national 
curriculum. 
 
 
STATE 00078227  017.2 OF 017 
 
 
-- We urge greater outreach to Roma communities in order to 
provide more effective assistance for Roma economic and 
social integration. 
 
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YEREVAN 
------- 
 
22. (SBU) Points for Embassy Yerevan: 
 
-- The United States notes its concern over the continued 
detention of twenty opposition activists for their political 
activities during 2008 presidential election, who were not 
covered by a recent amnesty.  We urge the Government to take 
steps to release these individuals. 
 
-- The effective rule of law requires accountability for the 
ten deaths that occurred as a result of post-election 
violence in March 2008, and we urge progress in this regard. 
A welcome step in this direction would be the release of 
information gathered on the post-election violence, including 
reports prepared by the recently disbanded fact-finding group 
of experts. 
 
-- We urge that you strengthen freedom of assembly by 
minimizing refusals on permits to assemble. 
 
-- There have been several recent violent attacks against 
journalists.  We urge that you strengthen media freedom and 
reduce impunity and a climate of fear by investigating and 
effectively prosecuting these attacks. 
 
-- In order to enhance freedom of expression and strengthen 
fulfillment of OSCE commitments and other international 
obligations, we urge the Government to license independent 
media outlets (including A1 plus) in advance of the 2012 
switch to digital transmissions. 
 
-- We remain concerned that any new legislation on religion 
should comply with OSCE and international standards. 
CLINTON