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ZNR UUUUU ZZH
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FM AMEMBASSY PRETORIA
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INFO RUEHTN/AMCONSUL CAPE TOWN 7128
RUEHDU/AMCONSUL DURBAN 1219
RUEHJO/AMCONSUL JOHANNESBURG 9493
RUEHGV/USMISSION GENEVA 1295
RUEHDS/USMISSION USAU ADDIS ABABA 0006
RUCNDT/USMISSION USUN NEW YORK 0608

UNCLAS SECTION 01 OF 03 PRETORIA 001860 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PHUM SF
SUBJECT: SOUTH AFRICA DEMARCHE RESPONSE: UNHRC 12TH SESSION 
PRIORITIES 
 
REF: A. STATE 093373 
     ¶B. 08 PRETORIA 1287 
 
 
------- 
Summary 
------- 
 
¶1.  (SBU) On September 10 poloffs met with Pitso Montwedi, 
Chief Director for Human Rights and Humanitarian Affairs at 
the Department of International Relations and Cooperation 
(DICO), to deliver message (ref A) on USG priorities for the 
next session of the U.N. Human Rights Council (HRC).  On the 
proposed Freedom of Expression resolution, Post would 
recommend sharing the draft resolution with the South 
Africans at the UNHRC and working with South Africa to bridge 
divides between other actors.  Other SAG perspectives are 
offered below, notably on a poverty-related resolution and a 
possible Special Rapporteur to South Africa on xenophobia. 
Please see Action Request at paragraph 10.  End Summary. 
 
------------------------------ 
Overview: HRC Challenges Ahead 
------------------------------ 
 
¶2.  (U) After a quick summary of the four overarching U.S. 
goals in re-engaging with the HRC (reftel), we asked Montwedi 
for his general views on the coming session, and possible 
challenges for both the USG and the SAG.  (Montwedi had 
advocated for U.S. participation and was exuberant in April 
over the news of U.S. candidacy for a seat.)  He hopes to 
work jointly to strengthen the HRC, citing former Ambassador 
Bolton's "profound statement" that the transition from Human 
Rights Commission to HRC must be a paradigm shift and not 
just a name change.  "We also wanted something very 
different," sighed Montwedi, "but we find that the change has 
brought more of the same problems" such as politicization of 
human rights, double standards, and selective targeting of 
particular nations. 
 
¶3.  (U) Montwedi reiterated his concern (ref B) about undue 
costs and duplication between the HRC and Third Committee. 
This year's economic crisis and SAG austerity measures will 
cut his team's travel between Geneva and New York, forcing 
them to choose issues according to cost.  ("If the rights of 
the child will take five weeks instead of one, can we afford 
to join?")  South Africa is well budgeted relative to its 
African neighbors, on whom the cost strain "sends the wrong 
signal that Africa doesn't care about human rights."  South 
Africa and Egypt are alone on the continent in having 
dedicated human rights officials, and only the SAG sends its 
team from Geneva to New York.  Other African countries ask 
their New York delegations to cover the issues, resulting in 
contradictory messages and "incoherence." 
 
¶4.  (U) Thirdly, Montwedi lamented that African countries 
have no human rights structure at the level of the African 
Union (AU).  The European Union (EU) debates issues in 
Brussels to arrive in New York with a pre-agreed position. 
By contrast, the AU has no such process in Addis Ababa, and 
therefore as a group Africa's views appear disjointed. 
 
------------------------- 
FoE: SAG's Differing View 
------------------------- 
 
¶5.  (U) On the Freedom of Expression issue, discussed on 
multiple occasions with Montwedi, we reiterated the U.S. 
position and explored how the SAG disagrees.  Montwedi 
described what he saw as a "confusion in the minds of many 
states" among the ICCPR's Articles 18, 19, and 20, which the 
recent debates on defamation of religion had only compounded. 
 While the USG might view freedom of speech as unlimited (and 
punishable only when it translates to violent action), the 
Qpunishable only when it translates to violent action), the 
SAG felt freedom of speech was more bounded, with a line 
beyond which speech became incitement.  In reply to the U.S. 
concern that a defamation resolution could be used by 
repressive states to restrict freedoms, Montwedi said such 
states would behave that way regardless, and there was 
nothing intrinsic or explicit in the covenants to support 
restrictions. 
 
¶6.  (U) Montwedi suggested the USG could play a constructive 
role in bridging a divide between the EU and Organization of 
the Islamic Conference (OIC), which he described as "going in 
 
PRETORIA 00001860  002 OF 003 
 
 
different directions" on defamation.  Since the EU was not 
the author of the resolution, Montwedi questioned its attempt 
to re-interpret the definition of defamation.  For its part, 
the SAG supports the defamation resolution as written. 
 
------------------------------ 
Mandates: SAG Will Heed Others 
------------------------------ 
 
¶7.  (U) On the renewal of three mandates of technical 
assistance to Somalia, Cambodia, and Burundi, Montwedi said 
the SAG will be guided by the points of view of the countries 
concerned, along with the common AU position.  (Hence the SAG 
was for now undecided on these three.)  The SAG feels special 
rapporteur and independent expert are useful mechanisms in 
general, although completing mandates can become problematic 
(e.g. in Sierra Leone).  Montwedi chuckled over the case of 
Burundi, which he said has "blown hot and cold" over human 
rights assistance to such a maddening extent that the SAG has 
warned Burundi it might abstain on that vote. 
 
---------------------------- 
French Resolution on Poverty 
---------------------------- 
 
¶8.  (SBU) Montwedi described a French continuing resolution 
related to human rights and poverty, which was "very 
problematic" for the SAG.  The crux of the problem, says 
Montwedi, is the resolution's assertion that extreme poverty 
is an equal challenge to all countries.  Besides being 
unrealistic, Montwedi described the notion as incoherent and 
lacking vision.  The SAG has raised the matter on visits to 
Paris, "trying to lift the logjams."  (The French escorted 
South Africans to a Romani camp on the city fringes to prove 
its point, but the Romanis claimed the French government had 
denied them fixed housing, so SAG saw this as proof of 
discrimination not poverty.)  France reportedly wants an 
Independent Expert (FNU Sepulveda) to produce guiding 
principles on poverty eradication, to which Montwedi protests 
that his ministry DICO has no authority over the domain of 
economists.  DICO must consult with economic bodies of the 
New Partnership for African Development (NEPAD) and the AU, 
and the HRC must not "short circuit" the Millenium 
Development Goals in Africa. 
 
------------------------- 
TIP, Migrants, Xenophobia 
------------------------- 
 
¶9.  (SBU) Montwedi said the SAG had been warned (he did not 
say by whom) a motion might be raised with specific reference 
to South Africa on human trafficking, undocumented migrants, 
and xenophobic violence.  A Special Rapporteur might be 
proposed for South Africa to investigate 2008 mob attacks 
against foreigners and ethnic minorities, and to ensure that 
the SAG would not allow perpetrators to enjoy impunity.  We 
noted that the USG shares the consensus concern of local 
migrant advocacy groups over the lack of any convictions on 
serious charges for those attacks.  Post has documented SAG 
efforts involving the elimination of human trafficking and 
the protection of undocumented migrants.  We would be 
grateful for updates from Geneva and would be prepared to 
offer background and propose talking points should a debate 
on this issue take place. 
 
---------------------------------- 
Q: USG Intent on Durban Follow-Up? 
---------------------------------- 
 
¶10.  (U) Montwedi indicated there could be a racism 
resolution in the HRC as well as in the General Assembly. 
Immediately after the HRC session a Durban Working Group 
would run for two weeks, and thereafter for another two weeks 
Qwould run for two weeks, and thereafter for another two weeks 
an ad hoc committee on complementary standards.  Montwedi 
stressed that these sessions were high priorities and "big 
stakes" for the SAG, which was eager to know if the USG would 
participate.  ACTION REQUEST: Post requests Department 
guidance via email on USG plans to to attend or not attend 
the two Durban working group sessions after the HRC. 
 
---------------------------- 
Other Issues in the Pipeline 
---------------------------- 
 
¶11.  (SBU) Other issues touched on were: 
 
PRETORIA 00001860  003 OF 003 
 
 
 
- Discriminatory Laws Against Women: the SAG had not heard of 
this initiative.  Montwedi thanked us for informing him, but 
he did not yet have a view. 
 
- Traditional Values: the SAG had not heard of this.  When we 
noted that this issue might resonate in South Africa, where 
the 1994 Constitution often conflicts with the authority of 
tribal chiefs, Montwedi waved this point aside and said the 
SAG would support the human rights principle, without 
question. 
 
- Child Complaints Mechanism: the SAG had heard that a Latin 
American country (Chile, perhaps) would move for an Optional 
Protocol to the Convention on the Rights of the Child, 
creating a working group to develop an international inquiry 
mechanism to respond to complaints by or on behalf of 
children.  Montwedi had little detail, and indeed his concern 
was that the concept was not clearly defined. Moreover, he 
worried that the burden of implementation could be much 
greater than foreseen by the proposers. 
 
- Review of HRC Mechanisms: the SAG had heard that Russia 
would propose an open-ended working group to initiate the 
five-year review specified by the 2006 Act which created the 
HRC. 
 
- Transnational Corporations: Montwedi suggested that Norway 
might re-run a resolution on this topic. 
 
GIPS