VZCZCXRO3789
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DE RUEHC #3358/01 2541759
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TO RUEHUJA/AMEMBASSY ABUJA IMMEDIATE 9622-9629
RUEHAR/AMEMBASSY ACCRA IMMEDIATE 4734-4741
RUEHAM/AMEMBASSY AMMAN IMMEDIATE 3181-3188
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RUEHPL/AMEMBASSY PORT LOUIS IMMEDIATE 3063-3070
RUEHSA/AMEMBASSY PRETORIA IMMEDIATE 6137-6144
RUEHRH/AMEMBASSY RIYADH IMMEDIATE 3284-3291
RUEHRO/AMEMBASSY ROME IMMEDIATE 2174-2181
RUEHSG/AMEMBASSY SANTIAGO IMMEDIATE 0026-0033
RUEHVJ/AMEMBASSY SARAJEVO IMMEDIATE 2183-2190
RUEHUL/AMEMBASSY SEOUL IMMEDIATE 1834-1841
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RUEHYD/AMEMBASSY YAOUNDE IMMEDIATE 1200-1207
RUEHGV/USMISSION GENEVA IMMEDIATE 8850-8857
INFO RUEHUB/USINT HAVANA PRIORITY 7127-7134
RUCNDT/USMISSION USUN NEW YORK PRIORITY 7621-7628

UNCLAS SECTION 01 OF 08 STATE 093358 
 
C O R R E C T E D  C O P Y  (ADDED CAPTION AND PARAGRAPH MARKING) 
 
SENSITIVE, SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PREL UN UNHRC
SUBJECT: ACTION REQUEST: UN HUMAN RIGHTS COUNCIL 12TH 
SESSION, SEPTEMBER 2009 - PRIORITIES 
 
STATE 00093358  001.2 OF 008 
 
 
¶1. (SBU) This is an action request, please see paragraph 3. 
Embassy New Delhi: Please note additional action request in 
paragraph 8.  Embassies Brasilia, Dhaka, Santiago, Kyiv and 
Pretoria: Please note additional action request in paragraph 
¶9.  Embassies Tokyo, The Hague, Rome, Paris, London, Brussels 
and Oslo: Please note additional action request in paragraph 
¶10.  Embassy Moscow: Please note additional action request in 
paragraph 11. 
 
¶2. (SBU) SUMMARY: In re-engaging with the Human Rights Council 
(HRC), the U.S. will focus on: (i) defending the universality 
of human rights and the responsibility of governments to 
respect the rights of their citizens; (ii) defending the 
independence of UN human rights mechanisms, including human 
rights monitoring and assistance functions; (iii) reinforcing 
the Council,s credibility, including working to remove the 
systemic bias in the HRC against Israel; (iv)advancing the 
principles of accountability, transparency and good 
governance in the work of the HRC. 
 
The U.S. is committed to broadening and deepening our 
alliances at the HRC, to identifying common ground and 
cultivating a spirit of cooperation to enhance our 
effectiveness on the Council.  We will seek ways to chip away 
at the historically strong tendency for regional groups to 
vote on resolutions based on bloc positions, often 
irrespective of a resolution,s merits or individual 
countries, interests.  In particular, we will work towards 
ensuring better alignment of a country,s national and 
international priorities. 
 
Our key goal for this HRC session is the passage by consensus 
of a balanced resolution on freedom of expression.  We also 
seek the continuation of the special procedures mandates for 
Somalia, Cambodia and Burundi. 
 
Issues that we expect may be problematic for the United 
 
STATE 00093358  002.2 OF 008 
 
 
States include: (i) potential resolutions arising from the 
presentation of reports about Israeli use of force in Gaza; 
(ii) a new, Russian-sponsored resolution on traditional 
values that may revive the debate on cultural relativism with 
respect to human rights.  We may also face rhetorical 
backlash with respect to human rights issues in the U.S., 
including the treatment of detainees and accountability for 
torture. 
 
END SUMMARY. 
 
¶3. (SBU) ACTION REQUEST:  This cable requests Posts to demarche at 
the highest appropriate level to solicit cooperation from and 
support for U.S. priorities and to seek host government 
insights on other resolutions that may be offered in the 
September session of the Human Rights Council. Posts are 
requested to respond by Friday, 11 September 2009 via front 
channel cable, using SIPDIS caption.  Posts should not 
deliver this demarche if they determine it would be 
counterproductive to do so, and in such cases, are requested 
to inform Department (IO-RHS and DRL-MLGA) of their 
rationale.  Posts should not hesitate to contact the 
Department for more information. 
 
¶4. (SBU) BACKGROUND - U.S. HUMAN RIGHTS PRIORITES FOR HRC 12th 
SESSION 
--------------------------------------------- -------------- 
 
THEMATIC RESOLUTIONS 
-------------------- 
-- FREEDOM OF EXPRESSION: 
 
In an effort to show leadership in implementing the 
President's vision as articulated in the Cairo speech and to 
bridge the growing perception of a divide between the West 
and the Organization of the Islamic Conference (OIC) 
countries over freedom of expression, the U.S. has been 
reaching out to OIC countries to develop a balanced 
resolution on this issue that would demonstrate our shared 
commitment to freedom of expression while also recognizing 
the need to counter intolerance and discrimination.  We seek 
passage by consensus of such a resolution on freedom of 
expression at the September session of the HRC.  This would 
send a strong signal to the OIC member states about the 
willingness of this Administration to work with the OIC and 
other countries to seek common ground and advance mutual 
 
STATE 00093358  003.2 OF 008 
 
 
interests while firmly protecting human rights values. We 
seek support from all Human Rights Council members and look 
to Posts to help build this support in capitals to achieve 
this goal. 
 
Our protections for free speech are stronger than those that 
exist in international law. A number of countries impose bans 
on particular types of speech (like hate speech) which the 
U.S. would deem unconstitutional. The U.S. is particularly 
concerned about the potential negative impact that the 
OIC-sponsored resolution on defamation of religions has on 
freedom of expression.  This resolution is typically run 
twice a year, once in Geneva (in March) and once in the UN 
General Assembly,s Third Committee (in the fall).  The 
resolution calls for bans on speech which defames religions, 
in particular Islam.  While the U.S. recognizes the concerns 
of OIC countries regarding discrimination and intolerance, we 
would seek to address them without banning speech. Calls for 
bans on speech are unacceptable, not only due to the 
importance we place on free speech, but also because we 
believe that suppressing speech does not increase tolerance; 
rather it has the opposite effect. As President Obama stated 
in his Cairo speech: &Suppressing ideas never succeeds in 
making them go away.8 
 
Rather than seeking to address negative stereotyping of 
religion through banning offensive speech, the U.S. believes 
that the most effective role for government is to (i) 
proactively reach out to minority groups, in particular, to 
address discrimination and intolerance,(ii) develop 
appropriate legal regimes to adjudicate discriminatory acts 
and hate crimes, and (iii) allow diversity to flourish 
through robust freedom of religion and expression 
protections.  President Obama demonstrated U.S. commitment to 
countering negative stereotypes in his Cairo speech when he 
said: &I consider it part of my responsibility as President 
of the United States to fight against negative stereotypes of 
Islam wherever they appear8.  He went on to discuss the 
importance for individuals to be able to speak their mind and 
exercise their religions freely. 
 
 
-- DISCRIMINATORY LAWS AGAINST WOMEN: Colombia, with Mexico, 
will be introducing a resolution at the 12th session of the 
HRC to establish a new mechanism that would combat 
discriminatory laws against women, with the creation of a 
 
STATE 00093358  004.2 OF 008 
 
 
Special Rapporteur or Independent Expert.  We strongly 
support this initiative.  In doing so we can reinforce our 
commitment to combat both de jure and de facto discrimination 
against women. 
 
The new mechanism would complement ) but not duplicate ) 
the work of the Special Rapporteur on Violence Against Women, 
whose mandate focuses on violence.  Likewise, the mechanism 
would not duplicate the work of the CEDAW (the committee that 
consider progress made in implementation of the Convention on 
the Elimination of All Forms of Discrimination Against 
Women).  That treaty is not universally ratified (the U.S. is 
not yet a party to it), and many States that have ratified 
have done so with widespread reservations. 
 
Although some African countries endorsed the initiative at 
the June session of the HRC, they seem unwilling to be too 
vocal in their support or to get out in front of the G-77 
(Egypt and Pakistan are strongly opposed).  Several African 
and Asian countries have women Heads of State and Ministers 
of Foreign Affairs and may be helpful.  Of these, the 
following are also HRC members: India, Philippines, 
Bangladesh and South Africa. 
 
 
¶5. (SBU)   COUNTRY-SPECIFIC RESOLUTIONS 
---------------------------- 
 
Each year, certain country-specific resolutions highlight the 
provision of technical assistance to enable specific 
countries to develop and strengthen their domestic human 
rights, capacity.  The following country-specific 
resolutions will be tabled in September: 
 
-- SOMALIA: The Independent Expert (IE) is scheduled to 
present his report at the 12th Session.  Sweden, in its 
capacity as EU president, will sponsor the resolution this 
year. The U.S. aims to co-sponsor a resolution to extend the 
mandate of the IE for another year. The human rights 
situation in Somalia remains grave and it is important that 
the HRC maintain the mandate of the IE. 
 
-- CAMBODIA: Japan will sponsor a resolution on the provision 
of advisory services and technical assistance to Cambodia, 
seeking to extend by another year the mandate of the Special 
Rapporteur who was appointed at the 9th HRC Session.  The USG 
 
STATE 00093358  005.2 OF 008 
 
 
supports the ongoing work of the Khmer Rouge Tribunal, as 
well as continuing efforts by the Cambodian Government to 
strengthen its democracy and human rights capacity.  We 
support the work of the Special Rapporteur and will aim for 
early engagement with Japan to build support for this 
resolution. 
 
-- BURUNDI: France, on behalf of the EU will sponsor a 
resolution on the provision of advisory services and 
technical assistance to Burundi, calling on the international 
community to increase its support, as well as reinforcing the 
mandate of the independent expert on the situation of human 
rights in Burundi.  Last year, this mandate was extended 
until such time as Burundi stands up a functioning national 
human rights institution; as they have not yet done so, it 
remains to be seen whether the mandate will continue without 
the need for a resolution to renew it.  The IE should report 
to the Council at its 12th session.  The U.S. supports these 
efforts to strengthen human rights capacity in Burundi. 
 
 
¶6. (SBU) BACKGROUND ON OTHER RESOLUTIONS 
 
-- TRADITIONAL VALUES: This is a new resolution sponsored by 
Russia.  The U.S. is concerned that the term &traditional 
values8 is not well-defined, and could be used to justify 
practices and/or laws, such as those that forbid women to 
work, permit female genital mutilation, or allow repressive 
policies related to sexual orientation, etc.  We would only 
consider supporting this resolution if there is language to 
the effect that nothing in the resolution could be 
interpreted as undermining universal human rights and 
fundamental freedoms. 
 
¶7. (SBU) KEY OBJECTIVES AND TALKING POINTS FOR ALL POSTS: Drawing 
on the background section above, Posts are requested to 
demarche at the highest appropriate level in both host 
country,s Ministry of Foreign Affairs and Office of the 
President/Prime Minister (or equivalent) to discuss U.S. 
priorities for the HRC: 
 
-- Express U.S. commitment to: (i) defending the universality 
of human rights and the responsibility of governments to 
respect the rights of their citizens; (ii) defending the 
independence of UN human rights mechanisms, including human 
rights monitoring and assistance functions; (iii) reinforcing 
 
STATE 00093358  006.2 OF 008 
 
 
the Council,s credibility, including working to remove the 
systemic bias in the HRC against Israel; (iv)advancing the 
principles of accountability, transparency and good 
governance in the work of the HRC. 
 
-- Emphasize that we are consulting with host government in 
advance of the session not only because we hope to work 
closely with them on key human rights initiatives, but also 
to enable us to take their views into account as we shape our 
own positions. 
Specific initiatives in September 2009 HRC session: 
 
-- Solicit host country support for the adoption by consensus 
of a freedom of expression resolution at the Human Rights 
Council this September.  This balanced resolution will seek 
to address the concerns underlying the push by some to call 
for restrictions on offensive speech, without undermining 
freedom of expression.  Explain that the Obama 
Administration, consistent with the vision articulated in the 
Cairo speech, is seeking to bridge the perceived gap between 
OIC countries and the West in this area.  Underscore U.S. 
commitment to recognizing the need to find ways to counter 
discrimination and negative stereotyping of religions, while 
upholding freedom of expression.  We would appreciate host 
country,s support in achieving consensus on this resolution. 
 
 
-- Stress the importance of strengthening human rights, 
capacity in Somalia, Burundi, and Cambodia and solicit host 
government support for extending the technical assistance 
mandates in these countries. 
 
-- Emphasize U.S. support for the Colombian initiative for 
the creation of a mechanism that would combat discriminatory 
laws against women. 
 
-- Express U.S. concerns about the Russian sponsored 
resolution on traditional values, and emphasize our 
requirement that language be included to the effect that 
nothing in the resolution shall be read as undermining 
universal human rights and fundamental freedoms. 
 
-- Solicit information on resolutions that the host 
government is planning to introduce or support. 
 
¶8. (SBU) ADDITIONAL OBJECTIVES FOR NEW DELHI: Seek India,s views 
 
STATE 00093358  007.2 OF 008 
 
 
on the draft freedom of expression resolution, and indicate 
strong U.S. interest in passing the resolution by consensus 
at the Human Rights Council,s September session.  Seek 
India,s agreement to sign on early as a co-sponsor to assist 
in this effort.  Post may share with host government a copy 
of the proposed resolution text, to be sent to designated 
contacts at Post via e-mail.   Inquire if India plans to run 
their Tolerance and Pluralism resolution this year. 
Emphasize our interest in working constructively with India 
at the earliest opportunity. 
 
¶9. (SBU) ADDITIONAL OBJECTIVES FOR BRASILIA, DHAKA, SANTIAGO, KYIV, 
PRETORIA AND FOR FOLLOW-UP WITH MISSIONS IN GENEVA: Seek host 
country,s views on the text of the draft freedom of 
expression resolution, and indicate strong U.S. interest in 
passing the resolution by consensus at the Human Rights 
Council,s September session.  Post may share a copy of the 
proposed resolution text with host government, to be sent to 
designated contacts at Post via e-mail.  Seek host country,s 
agreement to sign on early as a co-sponsor to assist in this 
effort. 
 
¶10. (SBU) ADDITIONAL OBJECTIVE FOR TOKYO, THE HAGUE, ROME, PARIS, 
LONDON, BRUSSELS, OSLO: Tokyo: inquire with Japan about its 
current thinking on the resolution on the provision of 
advisory services and technical assistance to Cambodia.  The 
Hague, Rome, Paris, London, Brussels and Oslo: ask host 
country governments about their current thinking on the 
technical assistance mandates for Somalia and Burundi (see 
paragraph 6). 
 
¶11. (SBU) ADDITIONAL OBJECTIVE FOR MOSCOW: Inquire about the status 
of Russia,s resolution on traditional values and emphasize 
U.S. concerns and requirements (see paragraph 7 for details). 
 
¶12. (SBU) IF ASKED: For EU/GRULAC countries: When discussing the 
freedom of expression resolution, you might be asked why the 
way forward is not Article 20 of the International Covenant 
on Civil and Political Rights (ICCPR) which bans speech that 
incites hatred and was used in the recent Durban Outcome 
Document. Our response: first, the US has a reservation to 
Article 20 due to our strong constitutional protections of 
speech.  Article 20 language was one important reason we did 
not join Durban. Second, we note that the OIC has the votes 
at the HRC to start interpreting Article 20,s incitement 
language as including concepts such as defamation of 
 
STATE 00093358  008.2 OF 008 
 
 
religion, thereby broadening the areas in which countries 
could limit speech.  We think this is not the way forward and 
is harmful to the protection of human rights. 
 
 
NOTE ON SEPTEL GUIDANCE 
----------------------- 
 
¶13. (SBU) During the HRC session, the Department may also 
instruct select posts to deliver targeted septel guidance at 
the highest possible level to discuss host countries, voting 
records and encourage closer cooperation on key USG priority 
resolutions at the Human Rights Council. These septels will 
be in addition to the instructions in this message, which 
request all posts to engage immediately at the highest 
appropriate level on HRC priorities. 
 
POINTS OF CONTACT AND REPORTING DEADLINE 
---------------------------------------- 
 
¶14. (U) Posts are requested to report outcome of demarche via 
front channel cable by no later than Friday, 11 September, 
¶2009.  Posts should use SIPDIS caption in responses.  For 
questions, please contact IO/RHS Colleen Neville and Amy 
Ostermeier and DRL/MLGA Lynn Sicade. 
CLINTON