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OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHGO #0090/01 0471139
ZNY CCCCC ZZH
O 161139Z FEB 10
FM AMEMBASSY RANGOON
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9850
INFO RUCNASE/ASEAN MEMBER COLLECTIVE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE
RUEHBY/AMEMBASSY CANBERRA 2434
RUEHNE/AMEMBASSY NEW DELHI 5929
RUEHUL/AMEMBASSY SEOUL 9492
RUEHKO/AMEMBASSY TOKYO 7119
RUEHCHI/AMCONSUL CHIANG MAI 2438
RHEHNSC/NSC WASHDC
RHHMUNA/CDR USPACOM HONOLULU HI
RUCNDT/USMISSION USUN NEW YORK 2859
RUEKJCS/SECDEF WASHDC
RUEKJCS/JOINT STAFF WASHDC

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000090 
 
SIPDIS 
 
DEPT FOR EAP/MLS, DRL, AND IO 
PACOM FOR FPA 
 
E.O. 12958: DECL: 02/15/2020 
TAGS: PGOV PREL PHUM BM
SUBJECT: UN SPECIAL RAPPORTEUR FOR HUMAN RIGHTS BRIEFS 
DIPLOMATIC CORPS AT OUTSET OF VISIT 
 
REF: A. REF A: 09 RANGOON 110 
     ¶B. REF B: 09 RANGOON 518 
 
RANGOON 00000090  001.2 OF 002 
 
 
Classified By: Political Officer Marc Shaw for Reasons 1.4 (b) & (d) 
 
Summary 
------- 
 
¶1.  (C)  In a February 15 meeting with diplomats at the 
beginning of his five-day visit to Burma, UN Special 
Rapporteur for Human Rights Tomas Ojea Quintana said he plans 
to use his trip to encourage and assess GOB progress on his 
past human rights recommendations.  He reported the GOB has 
approved his requests to travel to Northern Rakhine State 
(NRS) to meet with Rohingya ethnic minorities and to meet at 
Insein Prison with select (though still unnamed) political 
prisoners.  His other requests -- including to see 
representatives of the judiciary, senior government 
officials, and Aung San Suu Kyi (ASSK) -- are still pending. 
Also on February 15, Ojea Quintana met ASSK's legal team, 
including National League for Democracy (NLD) spokesperson 
and ASSK attorney Nyan Win, to discuss ASSK's legal case. 
Ojea Quintana told the diplomatic corps that he will only 
address the elections in the context of human rights, since 
"political" issues fall outside his mandate.  He plans to 
brief the diplomatic corps at the conclusion of his visit 
February 19.  End Summary. 
 
UN HR Special Rapporteur Arrives Without a Schedule 
--------------------------------------------- ------ 
 
¶2.  (C)  Ojea Quintana, who last visited Burma in February 
2009 (Ref A), told the diplomatic corps February 15 that a 
key purpose of his current visit is to assess GOB progress on 
the four core human rights recommendations he has made in his 
past visits and reports:  the release of prisoners of 
conscience; reform of legislation on which the government 
relies to prosecute such prisoners; establishment of an 
independent judiciary; and reform of the military to respect 
human rights and humanitarian law.  He refused to offer his 
view of the GOB's record to date on those recommendations, 
noting that he would provide an assessment at a planned 
follow-up meeting with diplomats February 19. 
 
¶3.  (C)  Ojea Quintana admitted in a separate conversation 
with the DCM that he arrived in Burma with no agreed-upon 
schedule.  However, he announced at the larger meeting that 
the GOB had subsequently approved his visit to NRS, home to 
the Rohingya Muslim minority, to assess the human rights 
situation there.  The GOB also granted his request to meet 
with select, though still unnamed, political prisoners at 
Insein Prison.  Ojea Quintana indicated he believes those 
meetings will be private, adding that he will use his own 
interpreter.  He also hopes to meet with senior GOB 
officials, including the ministers of Home Affairs and 
Foreign Affairs, the Chief Justice, the Attorney General and 
his deputy, and two judges from Insein Court, though he 
admitted that as of yesterday none of the meetings had been 
confirmed.  Ojea Quintana reported that he had not received 
approval to meet with Aung San Suu Kyi, and he solicited the 
diplomatic community's help in that endeavor.  (Note:  the 
CDA on February 16 urged the Singapore Ambassador, as Dean of 
the Diplomatic Corps, to intercede with the GOB in support of 
Ojea Quintana's request; the CDA has also offered to host a 
meeting for Ojea Quintana with human-rights contacts.)  Ojea 
Quintana remarked to diplomats that his requests to see ASSK 
during past visits had been denied and he did not seem 
optimistic the government would approve the meeting this time 
either. 
 
¶4.  (C)  Ojea Quintana offered no specifics on what he hopes 
to achieve during this visit beyond conducting a review of 
his past recommendations.  He stressed the need to meet with 
government officials to discuss, in confidence, the range of 
human rights issues before he makes any public statements. 
On elections, the special rapporteur repeated several times 
in response to questions that he must tread softly on the 
 
RANGOON 00000090  002.2 OF 002 
 
 
subject in discussions with the government since politics is 
outside his purview.  He plans to address elections in the 
broader context of human rights, focusing on issues such as 
the release of political prisoners and the need for freedom 
of speech, assembly, and association -- which would be 
necessary for a free and fair electoral process.  Similarly, 
overtly broaching the issue of the 2008 Constitution is out 
of bounds, Ojea Quintana noted in response to diplomats' 
queries.  He said two years have passed since the referendum, 
so it would be counter-productive to re-visit the issue in 
any event. 
 
¶5.  (C)  Several diplomats pointed out that Ojea Quintana, as 
a high-level UN representative, has a rare opportunity to 
speak directly to senior GOB officials, so it is important 
that he carry as clear and as broad a message as possible. 
In a smaller gathering after the briefing, DCM noted the new 
U.S. policy approach on Burma and encouraged Ojea Quintana to 
press the GOB to take advantage of the opportunity it 
presents, taking concrete steps on human rights for which the 
USG and others, like the EU, would be prepared to respond 
positively. 
 
Meeting with ASSK's Lawyers 
--------------------------- 
 
¶6.  (C)  ASSK lawyer and NLD spokesperson Nyan Win told us 
that he and the three other members of ASSK's legal team -- 
Kyi Win, Hla Myo Myint, and Khin Htay Kywe -- met for one 
hour with Ojea Quintana at Mya Yeik Nyo government-run hotel 
later in the day on February 15.  They discussed the human 
rights violations occurring in Burma's judiciary system and 
ASSK's efforts to appeal her conviction relating to Amcit 
John Yettaw's unauthorized intrusion into her compound (Ref 
B). 
 
Comment 
------- 
 
¶7.  (C)  Ojea Quintana was generally tight-lipped in the dip 
corps briefing, but more candid in a pull-aside discussion 
with U.S. and like-minded representatives, free of government 
minders (and likely listening devices).  He lamented the fact 
that he did not have a confirmed schedule prior to arrival, 
that he must stay at a government-run guest house, and that 
the Ministry of Home Affairs is controlling his every move -- 
though this is par for the course for UN visitors.  The GOB 
has thus far provided no indication it is taking this 
oft-delayed visit seriously.  Nevertheless, Ojea Quintana 
expressed confidence that he will get "a sense of the 
situation" and will be able to "reach conclusions" by the end 
of the visit.  Based on his past reports, it's reasonable to 
take him at his word on this count, but even he is not 
professing the ability to influence the GOB's actions -- a 
more important measure of success.  We'll see what he has to 
say at the end of his visit. 
DINGER