VZCZCXYZ0551
RR RUEHWEB

DE RUCNDT #1121/01 3491454
ZNR UUUUU ZZH
R 151454Z DEC 09
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC 7806

UNCLAS USUN NEW YORK 001121 
 
DEPT FOR AF/W, AF/S, NEA/IPA, EEB/ESC, L/EB, DRL/AE 
 
SIPDIS, SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PREL PGOV UNGA XA XY
SUBJECT:  SYRIA CALLS VOTE IN GA DURING CONFLICT DIAMOND RESOLUTION 
 
¶1. (U) SUMMARY: The General Assembly adopted the conflict diamonds 
resolution on December 11, amidst rancor and confusion after Syria 
called a surprise vote on language referring to Israel in the text. 
The PGA failed to clearly articulate what the vote was about or 
whether it was procedurally correct, resulting in a 45 minute 
suspension of the meeting after voting had begun during which the 
PGA sought a legal opinion from the UN.  When the PGA re-convened 
the session, he provided little explanation, declared the voting 
resumed and then locked the voting machine before numerous 
delegations including Israel, the U.S. and Canada had an opportunity 
to vote despite multiple requests for clarification.  After the 
Syrian gambit failed the resolution was adopted by consensus.  The 
Syrian EOV, which the PGA cut short when the Syrian PermRep exceeded 
the EOV time limit, questioned if Israel could serve as chair of the 
Kimberly Process (KP) given the actions of an Israeli diamond 
merchant detailed in the KP report on Cote d'Ivoire.  END SUMMARY. 
 
BACKGROUND 
----------- 
 
¶2. (U) In previous years, the GA plenary consideration of the 
conflict diamond resolution, which acknowledges the UN's support for 
the independent Kimberley Process (KP), has been non-controversial. 
This year's negotiations were heated, however, since there was no 
consensus on resolution language regarding Zimbabwe, Venezuela, and 
Israel.  With support from Iran and Syria, Venezuela and Zimbabwe 
would not accept language noting the challenges each had in meeting 
Kimberley Process standards during 2009.  Venezuela announced that 
it could agree to use language the chair had proposed during the 
final round of negotiations.  It said however, that if delegates 
could not agree at that meeting, then the language would be dropped 
altogether.  Zimbabwe would not even consider the compromise text 
proposed by South Africa.  Iran and Syria pushed for using the 
phrase "takes note" when referring to Israel assuming the KP chair, 
instead of "welcomes."  (NOTE: Historically, the new chairs and 
vice-chairs have been "welcomed;" Israel agreed in 2008 to join 
consensus on a resolution with the words "takes note" when it 
assumed the vice-chair position.  END NOTE). During the informal 
meetings, neither Iran nor Syria proposed deleting all references to 
"Israel" from the text.  In a show of frustration and ignoring 
appeals for additional consultations, Namibia, the chair of the 
Kimberly Process, ended the last negotiating session by stating the 
final draft would have no references to Venezuela or Zimbabwe and 
would retain the language "takes note" of Israel as chair. 
 
 
SYRIA CALLS A VOTE ON "ISRAEL" LANUGAGE 
--------------------------------------------- -------- 
 
¶3. (U) Namibia, the EU, Botswana, Canada, and Israel made statements 
during the abbreviated general debate.  As Namibia introduced the 
draft resolution, rumors circulated that Syria would call a vote to 
delete the text that referred to Israel.  The Jordanian delegate 
alerted Member States to this fact.  Many delegations, including 
Namibia, tried to persuade Syria against such action.  Nevertheless, 
President of the General Assembly Treki announced that a vote had 
been requested on the second half of paragraph 23, which read "and 
takes note that the Process has selected Israel as Chair and the 
Democratic Republic of the Congo as Vice-Chair of the Process for 
2010."  Treki's presentation created audible confusion on the floor 
of the GA.  Questioning the procedural legality, several 
delegations, including Sweden, Israel, Jamaica, Peru, the U.S., and 
Canada called for the PGA to explain the impact of the proposed vote 
before the Assembly took action.  Despite the repeated points of 
order, Treki continued to try to conclude the voting, finally 
stating "let's try to vote"  after explaining that a "yes" vote 
supported keeping the language in the resolution and a "no" vote 
supported deleting the second half of para 23.  In a point of order, 
the U.S. requested a legal opinion at which point the PGA called a 
15-minute break for legal consultations.  (Note: Numerous 
delegations pointed out that Treki's decision for a "suspension" 
during voting procedure, as at least twenty recorded votes already 
appeared on the electronic voting boards, violated the GA plenary 
rules.  Others contended that there could be no vote on a paragraph 
in the text without a speaker's amendment being tabled.  End note.) 
 
¶4. (U) When the meeting resumed, the PGA tried again to complete the 
voting process but was interrupted by the Syrian PermRep, who called 
a point of order to clarify "a misunderstanding."  He said that 
Syria's request for a vote on the separate text pertained only to 
the deletion of the words "Israel as Chair", which further confused 
and stunned delegates.  Without further notice, the PGA hastily 
declared the voting complete and requested that the voting machines 
be locked, with many delegations not voting.  Responding to an 
additional point of order from Egypt, the PGA said that the GA had 
voted, as explained, on the original motion on the second part of 
paragraph 23.  The final outcome of Syria's requested vote was 
90-6-18, so the text "taking note" of the new chair and vice chair 
was retained in the final resolution.  The U.S., Canada, and Israel 
did not vote.  The countries that voted no were the DPRK, Iran, 
Lebanon, Libya, Somalia, and Syria.  Treki then quickly gaveled 
through the adoption of the resolution by consensus. 
 
 
¶5. (U) Sweden on behalf of the EU, Canada, Switzerland, New Zealand, 
Australia, the U.S. and Israel made EOVs that welcomed Israel as 
incoming KP chair and expressed regret that the resolution did not 
mention Zimbabwe's non-compliance with the Kimberley Process minimum 
requirements.  In Syria's EOV, the PermRep said Syria was against 
appointing Israel as Chair of the KP because such a choice would 
"promote a misunderstanding of the noble objectives contained in the 
resolution's title." Citing a report by the KP Group of Experts on 
Ctte d'Ivoire which had underscored the involvement of an Israeli 
diamond merchant in the export of rough diamonds from that country, 
Syria questioned Israel's suitability as chair.  Venezuela made a 
statement after the vote expressing "alarm" at the politicization of 
the KP.  (Note: Israel cited non-compliance by both Venezuela and 
Zimbabwe in its remarks. End Note). Venezuela said the Process must 
examine whether there is a conflict of interest between the incoming 
Chair and the Process. 
 
¶6. (U) In a right of reply, the delegate from Zimbabwe said that the 
debate is a "charade" by countries deeming themselves guarantors of 
the Process and that Zimbabwe is a victim.  He said that diamonds 
are smuggled out of Zimbabwe and into markets in Israel, Canada, 
Antwerp, and the United States.  He reminded members that if there 
were no buyers in their countries, there would be no trade of 
conflict diamonds. 
 
¶7. (SBU) Comment: While the resolution was finally adopted by 
consensus, there were lingering animosities over the Syrian 
politicization of an issue in which it has no national interest, as 
Syria is not a KP member.  The Arab countries which abstained from 
voting were Algeria, Egypt, Kuwait, and UAE.  The Arab countries 
which did not vote were Bahrain, Iraq, Jordan, Morocco, Oman, Qatar, 
Saudi Arabia, Tunisia, and Yemen.  Lebanon voted no with Syria.  The 
poorly articulated ruling from the Secretariat that it is 
permissible to request a recorded vote on part of a paragraph could 
set a precedent for future interpretation of GA rules.  END COMMENT 
 
 
 
RICE