US embassy cable - 03THEHAGUE2114

C O N F I D E N T I A L SECTION 01 OF 03 THE HAGUE 002114 
 
SIPDIS 
 
DRL FOR PDAS SOUTHWICK 
 
E.O. 12958: DECL: 08/21/2008 
TAGS: PHUM, BM, CG, TH, CH, ZI, CU, NL, UNHRC-1, UNGA 
SUBJECT: PDAS SOUTHWICK DISCUSSES HUMAN RIGHTS IN THE HAGUE 
 
REF: A. THE HAGUE 1857 
     B. THE HAGUE 230 
 
Classified By: PolOff Nathaniel Dean Reasons 1.5 (b) and (d) 
 
1.  (C) Summary:  DRL PDAS Michael Southwick met with Dutch 
interlocutors on August 18 to discuss US-led and multilateral 
efforts in the field of human rights.  The Dutch exchanged EU 
goals for the UNGA 3rd committee as well as thoughts on Cuba, 
CHR WEOG rotation scheme, and US-EU cooperation on human 
rights.  PDAS Southwick stressed the importance of the 
Communities of Democracies program, noting the need for 
increased international support. End Summary. 
 
3rd Committee:  Country Resolutions, Violence Against Women 
--------------------------------------------- --------------- 
 
2.  (C) Jan Berteling, MFA Director for Human Rights and 
Peacebuiling, and his staff outlined EU plans for the UN 3rd 
Committee for PDAS Southwick. The EU will put forth a 
resolution on Burma; a decision on a special CHR session on 
Burma has not been made.  (Note:  PDAS Southwick noted US 
concern about Thai pressure on Burmese dissidents and human 
rights activists seeking refuge in Thailand. End Note.)  The 
EU will also sponsor a resolution on the DRC.  EU members 
have yet to make a formal decision on an Iran resolution. 
The Dutch remain hopeful that the EU will decide favorably; 
support among members is much greater now that it was at this 
time last year.  However, Berteling voiced some concern that 
the Italians might work to block an EU effort if Iran 
produces EU-desired results by signing an additional protocol 
under the IAEA. 
 
3.  (C) Berteling was curious if the U.S. would take action 
in the 3rd committee on Zimbabwe, China, and North Korea. 
PDAS Southwick commented that the U.S. is giving 
consideration to sponsoring a Zimbabwe resolution.  Both 
Southwick and Berteling agreed that the situation continues 
to worsen.  If the U.S. does sponsor, Berteling stated that 
the EU will likely support a resolution; however, some doubts 
remain as to whether or not the EU could find consensus on 
the topic.  In the event that the EU cannot support, the 
Dutch will/will support a U.S. resolution on their own. 
Noting reports that some EU countries believe that there is 
not enough burden sharing between the EU and the US on 
resolutions, PDAS Southwick said more thought is being given 
to the US taking the lead.  The successful US-sponsored 
Belarus resolution in the CHR shows that US leadership is not 
necessarily a liability. 
 
4.  (C) On China, PDAS Southwick commented that the U.S. is 
actively reviewing the human rights situation, but that no 
decision to put forth a resolution has been made.  On North 
Korea, PDAS Southwick noted that the U.S. will carefully 
review the status of the complex multilateral political 
discussions before considering any resolution for the 3rd 
committee. 
 
5.  (C)  The Dutch announced that the EU will sponsor a 
resolution on Violence Against Women, and would like U.S. 
support.  To this end, the Dutch provided a draft copy 
(emailed to DRL and IO for action), asking for U.S. comments. 
 The EU will discuss the text in consultations in New York in 
September.  Berteling outlined that the Dutch anticipate some 
difficulty with this resolution, particularly from OIC 
countries such as Pakistan and Egypt.  The GoNL would also be 
forced to vote against any amendment clauses that oppose 
prostitution, which undoubtedly other countries will propose. 
 (Note: Prostitution is legal in the Netherlands.  End Note.) 
 PDAS Southwick said a major concern for us would be how 
CEDAW is treated since the US has not ratified that treaty. 
Berteling said the reference would follow agreed upon 
formulas. 
 
 
No EU resolution on Sudan 
--------------------------- 
 
6.  (C)  Having just completed a visit to Khartoum, PDAS 
Southwick outlined the appalling human rights situation in 
country.  Berteling said that despite the GoNL's belief that 
situation in country warrants a 3rd committee resolution, the 
EU will not put one forth. (Note:  At a recent EU meeting on 
HR, Sudan was not even mentioned.)  The Dutch, who quietly 
drafted the EU's Sudan resolution at the last CHR, are behind 
this non-action.  The GoNL is acting as a mediator in the 
peace process and the post-peace donor process, and believes 
it would be detrimental to Dutch efforts to draft and/or put 
forth a document berating the warring parties.  PDAS 
Southwick noted the U.S. will consider sponsoring if there is 
no success in the peace process. 
 
Cuba - CHR and Guantanamo 
---------------------------- 
 
7.  (C) The Dutch remain concerned about the status of 
noncombattants in Guantanamo Bay.  The MFA receives regular 
inquiries from Parliament as to the status of the prisoners 
and due process.  While the Dutch are supportive of the U.S., 
the GoNL is finding it more and more difficult to defend the 
USG without additional information.  PDAS Southwick offered 
to get clearance to share a document recently sent to Geneva, 
which outlines in detail the U.S. position to date.  PDAS 
pointed out that the US position is more thoughtful and 
responsive to treaty concerns than is sometimes alleged. 
This somewhat placated Dutch concerns.  (Note: Foreign 
Minister de Hoop Scheffer has promised Parliament to continue 
discussions with the U.S. on this matter.  To date, the Dutch 
have raised Guantananmo in every discussion on human rights 
in the past year. End Note.) 
 
8. (C) Berteling stated that the GoNL was disappointed by the 
CHR Cuba resolution.  He said it was too weak, and the EU 
considered voting against it.  PDAS noted that the resolution 
could have been stronger, but that it was nevertheless a 
victory.  The Dutch noted that bilateral relations with Cuba 
are at a low point.  (Note:  Two local GoNL-sponsored NGOs 
announced this week that they will no longer fund artist 
group Biennale of Havana out of protest of the Cuban 
government's crackdown in March.  End Note.) 
 
 
WEOG Rotation Scheme for the CHR 
--------------------------------- 
 
9. (C) Karel van Kesteren, Director of the MFA's UN and IFI 
Department, and PDAS Southwick reviewed reasons for the 
failure of CHR WEOG rotation scheme efforts earlier this 
year.  Van Kesteren understood the reluctance by some larger 
countries to give up too many seats, and stated that he did 
not feel the U.S. needed to and/or should have done so. 
However, despite the failure, van Kesteren would like again 
pursue this idea. He believes a rotation scheme is vital to 
ensuring the strength of the WEOG group in the CHR.  Van 
Kesteren envisions larger WEOG members finding consensus on 
numbers, followed by consultations with medium-sized 
countries, and finally dictating a solution to small states 
and micro-states.  Van Kesteren emphasized that negotiations 
would need to take place in capitals, not New York, for there 
to be any chance of success.  PDAS Southwick agreed to relay 
van Kesteren thoughts to the Department, noting that his 
consultations with the French in Geneva at the CHR led him to 
believe that the French would never consider giving up more 
than one year in a rotation scheme. 
 
Community of Democracies 
------------------------- 
 
10. (SBU) PDAS Southwick stressed the importance of the 
Community of Democracies (CD) initiative, highlighting that 
the seeds of democracy can grow in areas where it is 
traditionally vacant, such as Latin America.  He described a 
successful meeting of African and Latin American CD members 
in Miami earlier this year.  While the initiative is not yet 
strong, PDAS Southwick urged the Dutch to seek ways to 
support it.  He noted that Italy is supportive, driven by 
substantial interest in the Radical Party. Berteling is not 
convinced of the value of CD and said that there was no 
interest in CD in the Dutch parliament.  He has not seen any 
strength emanating from CD, and is doubtful of the usefulness 
of the initiative.  He also wondered how this initiative will 
fare when there are so many other democracy programs 
globally, highlighting the International Conference of New or 
Restored Democracies as one example.  PDAS Southwick 
emphasized an important difference of CD, namely that 
countries must be invited to join.  If CD gains enough global 
support, those on the "outside" may feel pressure to be 
included via democratic reform within their countries. 
Berteling is open to the principles and ideals of CD, and the 
GoNL will "wait and see" as it progresses.  The GoNL would 
support an UNGA resolution, but it will not work to champion 
CD internationally at present. 
 
 
US-EU Cooperation 
------------------- 
 
11.  (C) PDAS Southwick thanked Berteling for both Dutch and 
EU cooperation in advance of the 59th CHR.  Both agreed that 
timely efforts and discussions resulted in the highest-level 
of US-EU cooperation in years.  Nevertheless, the Dutch 
offered several ways in which cooperation could be improved: 
     --An increased amount of burden-sharing on 
country-specific resolutions.  The EU would particularly 
appreciate support on Turkmenistan and Chechnya; 
 
     --Earlier signals that the U.S. will support EU 
sponsored-resolutions; 
 
     --Greater cooperation in lobbying capitals.  US and EU 
could be more effective if we worked together to coordinate 
our approach, particularly in Africa.  The Dutch acknowledge 
that their own efforts in capitals needed to be beefed up. 
 
 
12.  PDAS Southwick has cleared this cable. 
SOBEL