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PP RUEHDU RUEHJO
DE RUEHSA #0384/01 0561258
ZNR UUUUU ZZH
P 251258Z FEB 10
FM AMEMBASSY PRETORIA
TO RUEHC/SECSTATE WASHDC PRIORITY 1344
INFO RUEHTN/AMCONSUL CAPE TOWN PRIORITY 7604
RUEHDU/AMCONSUL DURBAN PRIORITY 1668
RUEHJO/AMCONSUL JOHANNESBURG PRIORITY 9959

UNCLAS SECTION 01 OF 02 PRETORIA 000384 
 
SIPDIS 
 
DEPT. FOR IO/HR 
 
E.O. 12958: N/A 
TAGS: PREL PHUM UN SA
SUBJECT: DEMARCHE TO SOUTH AFRICA: PRIORITIES FOR MARCH UN 
HRC SESSION 
 
REF: SECSTATE 16236 
 
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SUMMARY 
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¶1. (SBU) The South African Government's (SAG) positions in 
the 13th session of the Human Rights Council (HRC) will be 
essentially unchanged from those of the 12th session apart 
from slight nuances.  The SAG continues to assert that 
Defamation of Religion (DoR) must be addressed, although it 
concedes that the Organization of the Islamic Conference 
(OIC) needs to find a new strategy to pursue the issue.  The 
SAG will continue to support country-specific resolutions 
only when the targeted country--or its regional 
neighbors--consents to them.  The SAG's priorities in the 
March session will be: impending review processes of the HRC; 
the question of universal membership and the authority of HRC 
resolutions once adopted.  Post's interlocutor also warned 
that the SAG will follow closely the Freedom of Expression 
resolution, will produce first drafts of several racism 
resolutions and is concerned with mandate creep.  Lengthy 
discussions on Iran will be reported septel.  End summary. 
 
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FAMILIAR TERRITORY 
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¶2. (U) Poloffs met with Mr. Pitso Montwedi, Chief Director, 
Human Rights and Humanitarian Affairs in the Multilateral 
Directorate of the Department of International Relations 
(DIRCO); Raymond Sithole, Deputy Director for Civil and 
Political Rights (CPR); Laura Lazarous, Assistant Director 
for CPR and Sybil Matlhako, Assistant Director for CPR. 
 
¶3. (SBU) Montwedi confirmed that the SAG's stance on the 
Defamation of Religion resolution has not changed.  He 
asserted that the concept needs to be defined in 
international law.  The SAG thinks that the OIC's claims that 
the "War on Terror" has led to "religious profiling" are 
correct and that said profiling has led to the restriction of 
Muslims' movements and violations of their human rights. 
Montwedi did concede that the OIC "has been running the 
resolution for too long", making it a divisive issue, and 
needs to provide an alternate solution.  The SAG suggests 
opening a mechanism that would address what they see as the 
essential question:  Is religious defamation a condition that 
needs to be added to international human rights law?  He said 
that if DoR was a legitimate concern, it should be opened to 
debate to create a clear definition, so that it would not 
undergo the "endless oscillation" of issues like sexual 
orientation, gender equality and the death penalty.  Montwedi 
added that the OIC and others should "nail down what they 
mean" and not just "use the issue as a political hammer." 
 
¶4. (U) Similarly, the SAG's stance on country-specific 
resolutions will remain unchanged.  If the countries being 
targeted by a resolution (or their regional neighbors) 
consent to the resolutions proposed, South Africa will vote 
in the affirmative.  If the countries do not support the 
measures proposed, South Africa will not support them. 
 
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SOUTH AFRICA'S PRIORITIES 
------------------------- 
 
¶5. (SBU) As Montwedi expressed when a DRL/IO/L delegation 
visited Pretoria in October 2009, the SAG is very concerned 
with the status of the HRC.  It is seeking a powerful ally to 
help it amend Chapter 13 of the United Nations Charter  to 
replace the "defunct" Trusteeship Council and replace it with 
the HRC.  Although it understood the sensitivities of those 
who see the Charter as inviolable, the SAG feels it can be 
amended to put the HRC on par with the Economic and Social 
Council (ECOSOC) and the Security Council.  Montwedi 
QCouncil (ECOSOC) and the Security Council.  Montwedi 
characterized it as a "desperate bottom line", an initiative 
which the SAG will champion despite divisions within the 
Africa Group. 
 
¶6. (U) Montwedi also reiterated the SAG's view that if 
members want to discuss universal membership, by "necessary 
implication" the discussion must explore uprooting everything 
from Geneva and transplanting it to New York.  In a 
continuation of themes explored in October 2009, Montwedi 
revisited the concept of the authority of HRC resolutions 
once adopted by the Council.  The SAG's stance is that HRC 
resolutions do not need subsequent endorsement in other UN 
fora and that only new instruments need to be brought before 
 
PRETORIA 00000384  002 OF 002 
 
 
the General Assembly. 
 
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WARNING SIGNS 
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¶7. (SBU) Montwedi advised that while South Africa may not 
support any resolution on Iran, the SAG will wholeheartedly 
support the fact that such resolution is being offered in the 
proper venue.  Montwedi asked for confirmation that the USG 
intended to offer a resolution addressing the ongoing human 
rights abuses in Iran.  Additional Iran discussion will be 
reported by septel. 
 
¶8. (U) Montwedi warned that the SAG will follow closely the 
Freedom of Expression resolution and still maintains that the 
resolution derogates the existing norms and standards.  He 
added, "We will be giving your colleagues in Geneva a hard 
time on this one." 
 
¶9. (U) The SAG also intends to fulfill its "continental 
obligations" to produce first drafts of various racism 
resolutions.  Montwedi mentioned a resolution on the 
elimination of racism in sport and one on complementary 
standards to the International Convention on the Elimination 
of all forms of Racial Discrimination (ICERD) for cyber 
crime, defamation and xenophobia. 
 
¶10. (U) In closing, Montwedi discussed the SAG's concern with 
mission creep as it relates to the Commission on the Status 
of Women (CSW) and the Mexico-sponsored Elimination of 
Discrimination Against Women resolution.  The SAG thinks 
Mexico's resolution was unnecessary and conflicts with the 
CSW's mandate. Montwedi suggested the HRC President might be 
asked to draft some form of statement committing the HRC to 
not usurping or abrogating the mandates of other UN bodies. 
GIPS