VZCZCXRO5224
OO RUEHAST RUEHBI RUEHCI RUEHDBU RUEHLH RUEHNEH RUEHPW
DE RUEHNE #0114/01 0221340
ZNR UUUUU ZZH
O 221340Z JAN 10
FM AMEMBASSY NEW DELHI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9217
INFO RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUEHBJ/AMEMBASSY BEIJING 8196
RUEHLO/AMEMBASSY LONDON 7201
RUEHMO/AMEMBASSY MOSCOW 3884
RUEHFR/AMEMBASSY PARIS 2094
RUEHKO/AMEMBASSY TOKYO 6649
RUEHGV/USMISSION GENEVA
RHEHAAA/WHITE HOUSE WASHDC
RUEAIIA/CIA WASHDC
RHEHNSC/NSC WASHDC
RUEIDN/DNI WASHINGTON DC
RUCNDT/USMISSION USUN NEW YORK 8822

UNCLAS SECTION 01 OF 02 NEW DELHI 000114 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PREL KISL KDEM PGOV OPDC UNGA IN
SUBJECT: INDIA AGREES ALTERNATIVE IS NECESSARY TO 
"DEFAMATION OF RELIGIONS" RESOLUTION 
 
REF: NEW DELHI 02548 
 
¶1. (SBU) Summary: Ambassador Kozak and PolCouns on January 22 
met with Rajiva Misra, Joint Secretary for United Nations 
Economic and Social (UNES) Division at the Ministry of 
External Affairs, to discuss USG concerns about the 
"defamation of religions" resolution and the related 
OIC-backed Protocol treaty on complementary standards, and to 
gain support for the USG "Action Plan to Combat Racial and 
Religious Discrimination and Intolerance." 
 
¶2. (SBU) Joint Secretary Misra, India's decision-making 
authority on UN social issues, welcomed Ambassador Kozak and 
expressed sincere appreciation of Ambassador Kozak's effort 
to discuss this matter.  Misra acknowledged that this issue 
was an important dimension of the US-India relationship and 
thanked the Ambassador for making it a priority. 
 
¶3. (SBU) Pointing out that Secretary Clinton has taken a 
particular interest in this issue because of the potential 
for creating popular expectations that cannot be fulfilled, 
Ambassador Kozak emphasized that our goal was to provide a 
realistic solution to a legitimate problem without 
undermining the basic freedoms of individuals.  Given that 
the only solution being offered ) before the Action Plan was 
proposed ) was a protocol that neither the US or Europe 
would accept, it is up to countries in positions of 
leadership to bring this debate to a realistic solution which 
can command broad consensus.  Misra understood this and 
promised to direct India's Permanent Mission in Geneva to 
examine the Action Plan prior to the March HRC session.  End 
Summary. 
 
"We Must Move Forward" 
---------------------- 
 
¶4. (SBU) Misra agreed with the necessity of moving away from 
remaining silent (read: abstaining) on the issue.  "What has 
happened so far is far from satisfactory; we need to move 
forward and find a way of having a broader discussion" Misra 
reflected, responding to Ambassador Kozak's remarks about 
Pakistan's refusal to accept any other arguments but the ones 
the OIC had put forth in the complementary standards treaty. 
 
¶5. (SBU) Misra agreed with Ambassador Kozak that current 
proposals by the OIC are an invitation to dictatorial 
governments to legitimize their oppressive behaviors.  Making 
it clear that the USG would reject any proposal that would 
infringe on our constitutional obligation to protect freedom 
of expression, Ambassador Kozak assured the Joint Secretary 
that we are flexible in our position and are eager to come up 
with a plan that produces a result rather than continue to go 
down a road which leads to irreconcilable differences.  Misra 
recognized that countries in key leadership positions such as 
India would need to help move this debate into an area where 
it can be dealt with more appropriately in order to create 
consensus rather than divisions, and he promised to request 
India's Ambassador in Geneva to examine the alternatives more 
carefully in order to determine how India might play a more 
active and positive role. 
 
Minor Concerns Addressed 
------------------------ 
 
¶6. (SBU) Misra pointed out two drawbacks to the Action Plan: 
1) some countries, including India, may take issue with the 
"onerous" reporting requirements due to either capacity 
constraints or replication of already existing mechanisms in 
countries that are compliant with items called for in the 
Action Plan, and 2) the Action Plan may be perceived by 
Islamic countries as a tool to stall a decision on the issue 
at hand.  Ambassador Kozak reassured Misra that the Action 
Plan is a notional document and not meant to create an 
onerous process but rather is intended to provide an 
alternative to countries which, like India, do not agree with 
the "defamation of religions" resolution.  Furthermore, if 
enacted, a binding instrument would be much more problematic 
than the Action Plan which provides a "self checklist" as 
opposed to an outside regulating body, explained Ambassador 
Kozak.  Addressing the concern that some may see it as a way 
 
NEW DELHI 00000114  002 OF 002 
 
 
to stall the protocol and/or defamation of religions 
resolution, the Ambassador noted that the OIC proposals were 
creating an impasse that had stalled any real address of the 
legitimate concerns of Muslim communities.  We were looking 
for a way to move toward a solution in the real world. 
 
¶7. (SBU) Misra was curious about what kind of response to the 
Action Plan we have received from other HRC members and 
seemed particularly reassured by the Ambassador's mention of 
Latin American countries favoring this approach over a 
protocol.  "Even within the OIC, there are countries that 
want to see something that produces progress rather than 
conflict," Ambassador Kozak explained. 
 
Action Plan: Best Alternative Given Timeline 
--------------------------------------------- 
 
¶8. (SBU) Misra appeared to give Ambassador Kozak's points 
much thought and pondered whether a technical process to 
study existing UN bodies and other treaties that already 
address these issues and how they are reported might help at 
this stage.  After the two discussed this option, Misra 
concluded that time was insufficient for assigning a 
technical body and that a more concrete alternative would 
need to be presented at the HRC session in March. 
 
¶9. (SBU) To drive the point home, Ambassador Kozak stressed 
that our joint goal should be to demonstrate that we are 
doing something to address the concerns at hand and not let 
this reach a point where we would be forced to oppose the 
protocol.  Misra assured Ambassador Kozak that India would 
collaborate with the USG and also consult within the 
Non-Aligned Movement and the G-77 in order to provide us with 
feedback. 
 
¶10. (SBU) Comment: Misra appeared to be very interested in 
the USG's analysis of this issue and by the end of the 
meeting - which lasted almost two hours - Misra decided it 
would be important for him to attend the upcoming March 
session of the Human Rights Council on countering racial and 
religious discrimination.   Post will continue to press UNES 
Division to use its influence within the NAM and G-77 to 
consider an alternative to the defamation of religions 
resolution and the OIC protocol, especially as we approach 
the upcoming HRC session in Geneva this March.  End Comment. 
 
¶11. (U) Ambassador Kozak cleard this cable. 
ROEMER