US embassy cable - 04THEHAGUE1737

C O N F I D E N T I A L SECTION 01 OF 02 THE HAGUE 001737 
 
SIPDIS 
 
DEPT FOR IO/SHA - JBRACKEN AND SMEHRA; DRL/MLA - MBUTLER, 
LSICADE; USUN - MSPIRNAK, MZACK, LTAMLYN, SSIV; WHA/CCA, 
EUR/UBI HOLLIDAY, EUR/ERA 
 
E.O. 12958: DECL: 07/06/2014 
TAGS: PHUM, PREL, NL, CU 
SUBJECT: ECOSOC: DUTCH SEEK PROCEDURAL DEATH FOR CUBA 
RESOLUTION 
 
REF: (A) STATE 150754 
 
Classified By: Andrew Schofer, Counselor for Political Affairs, For Rea 
sons 1.4 (b) and (d). 
 
1. (C) SUMMARY:  The Dutch are receptive to finding a 
procedural solution to block the Cuban draft ECOSOC 
resolution (reftel) in their national capacity, and will seek 
EU support for such an approach as EU president.  Visiting 
DRL PDAS Kozak and IO DAS Lagon found Dutch interlocutors 
responsive to U.S. strategies for handling the draft 
resolution, but also troubled by the lack of good information 
available on the status of Guantanamo detainees.  The Dutch 
appear eager to move on from the issue of the detainees, but 
believe they still need additional information to justify 
such a move.  Kozak and Lagon did not agree to a Dutch 
suggestion that the U.S. accept UN rapporteurs, visits to 
Guantanamo but discussed possible alternatives for providing 
additional information to the EU.  END SUMMARY. 
 
2. (C) The Dutch are receptive, in their national capacity, 
to finding a procedural mechanism to turn off the Cuban draft 
ECOSOC resolution on "Protection of Human Rights and 
fundamental Freedoms in the Context of International Military 
Operations Launched to Combat Terrorism."  We delivered 
Reftel demarche on July 12 during a series of meetings that 
DRL PDAS Michael Kozak, IO DAS Mark Lagon and Embassy reps 
had with Dutch officials on a range of human rights and UN 
issues (reported septel).  Dutch interlocutors committed to 
seeking EU support for this approach both in Brussels and New 
York.  Deputy Political Director Hermann Schaper, Special 
Ambassador for Human Rights Amb. Piet de Klerk, and Head of 
the Human Rights Director Annaka Adema agreed the best 
strategy would be to oppose or stop the resolution, not to 
seek to amend it or simply slow it down. 
 
3. (C) Adema stressed that the U.S. and EU needed to find a 
procedural technique to dismiss the resolution, as the CHR 
did on the earlier Cuban Guantanamo resolution.  This should 
not be a "no action" motion but something that would have 
same practical effect of deferring or stopping the effort. 
The U.S. will argue that the resolution is unnecessary, even 
as an extraordinary new measure after the CHR, because two 
CHR resolutions already cover the territory sufficiently 
(e.g., the Mexican resolution on counter-terrorism and human 
rights creating an independent expert tied to the High 
Commissioner, which the USG backed; and the French resolution 
on enforced disappearances).  Kozak and Lagon committed to 
explain U.S. support for the procedural option and to provide 
our best supporting arguments to WEOG colleagues and others 
on the ECOSOC in New York.  They also agreed to keep the 
Dutch fully informed in The Hague on USG strategy on such 
procedural steps. 
 
4. (C) With regard to access to the Guantanamo prisoners, 
Adema and de Klerk urged the U.S. to respond to and offer 
access to those UN rapporteurs seeking to look into Iraq, 
Afghanistan, and Guantanamo before the vote on the Cuban 
resolution in ECOSOC.  The Dutch appreciated Amb. Kozak,s 
brief on the current status of Guantanamo prisoners, i.e., 
some have been released, some requested asylum, some were 
abandoned by home countries, while some dangerous types will 
remain.  Kozak and Lagon discussed ways to respond to and 
provide access to detention facilities to answer critics of 
US policy in the EU, but suggested the official visits by 
rapporteurs suggested by the Dutch would probably not be 
possible, especially before the ECOSOC vote.  The question of 
whether the law of war or human rights law and mechanisms 
pertain remains problematic.  Kozak and Lagon discussed 
possible alternatives to enhance transparency, such as 
informally hosting an EU or EU presidency representative on a 
one-time basis, without making any commitments. 
 
COMMENT 
 
5. (C) The Dutch were anxious to receive an accurate 
accounting of the status of the Guantanamo detainees and 
pointed to the recent US Supreme Court decision on 
detainees, rights as proof that the US system works.  The 
Dutch remain troubled that lack of good information, 
particularly following the Abu Ghraib revelations, will 
encourage the spread of negative suppositions in the public 
imagination.  Dutch interlocutors responded positively to 
Kozak and Lagon's clarifications and gave the distinct 
impression that they would like to move on from this issue if 
provided enough information to justify it. 
 
6. (U) DAS Kozak cleared this cable before departing post. 
SOBEL