US embassy cable - 05BOGOTA174

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 000174 
 
SIPDIS 
 
E.O. 12958: DECL: 01/05/2015 
TAGS: PGOV, PHUM, PREL, CO, UNSC 
SUBJECT: FACILITATING GOC MEETING WITH UN HIGH COMMISSIONER 
FOR HUMAN RIGHTS IN NEW YORK 
 
REF: A) BOGOTA 04 12603 B) BOGOTA 04 11339 
 
Classified By: Ambassador William B. Wood, Reasons 1.4 (b) and (d) 
 
1. (U) This is an action request. Please see paras 7 and 8. 
 
2. (C) Summary: Relations between the GOC and the Office of 
the High Commissioner for Human Rights in Bogota, in 
particular with the approach of director Michael Fruhling, 
remain strained.  Per ref a, the GOC views the OHCHR office 
here as neither constructive nor transparent.  The situation 
may deteriorate once the OHCHR circulates its draft report 
for the Commission on Human Rights.  The Foreign Minister 
attempted to discuss the situation with UN High Commissioner 
for Human Rights Louise Arbour during a November trip to 
Geneva, but Arbour and her deputy were traveling.  Arbour has 
not been engaged on Colombia.  Embassy believes that a 
conversation between a high-ranking GOC official and Arbour 
needs to occur soon to avoid a diplomatic dust-up.  Arbour 
will be in New York Jan. 10-12 to sign an agreement with 
Guatemala.  This could be a target of opportunity for the GOC 
as well as for the U.S. and other G-24 members who believe 
that Arbour needs to know trouble is brewing in her largest 
operation outside of Geneva.  End Summary. 
 
3. (C) On December 29 Bogota and Geneva polcouns met with 
Gianni Magazzeni, acting chief of the field operations branch 
in the Office of the High Commissioner for Human Rights 
(OHCHR) about the field office in Bogota, the approach of its 
director, Swedish diplomat Michael Fruhling, and the GOC's 
growing frustration with his implementation of the office's 
mandate.  Magazzeni (protect) was not surprised to hear of 
GOC concerns with the OHCHR operation in Bogota (reftels). 
He agreed with Embassy assessment that Fruhling's approach is 
antagonistic and aggressive rather than supportive with an 
eye to helping the GOC build capacity to improve the human 
rights situation in the country.  He stressed that the 
OHCHR's 27 recommendations should be a point of departure for 
discussions and not "the bible."  GOC implementation of them 
should be only one indicator in assessing its progress. 
Finally, he indicated that most inside OHCHR headquarters, 
including High Commissioner for Human Rights Louise Arbour, 
were unaware that Fruhling's insistence on total compliance 
of the recommendations was causing problems for the GOC at 
the highest levels.  According to Magazzeni, the mandate is 
not wrong; it is the implementation. 
 
4. (C) Magazzeni said the OHCHR has been politically 
rudderless on field operations since the death of former HCHR 
Sergio Vieira de Mello and the retirement of field operations 
branch chief Jan Cedregren (Sweden) in the first half of 
2004.  As a result, field offices directors have had close to 
a free rein, including Fruhling.  Magazzeni admitted that, as 
acting branch chief, he has been unsuccessful in reining them 
in because they outrank him and have been allowed to travel 
and raise money directly with donor countries.  He tried to 
slash Fruhling's budget to bring it line with OHCHR 
priorities (meshing more directly with other UN operations on 
the ground) but was ignored.  Fruhling has told colleagues 
that he has the complete support of the donor community in 
Colombia.  During a visit to Geneva in November, he cited an 
additional $1.9 million pledge from the U.S. earmarked for 
his operation, as proof of U.S. backing. 
 
5. (C) Magazzeni noted that the OHCHR approach toward 
Colombia, a country that had requested UN assistance, was 
skewed.  It was seemingly held to a higher standard than 
China, Iran, Sudan and others where UN assistance had not 
been sought and the OHCHR was trying to engage. 
 
6. (C) Magazzeni expressed surprise that both Arbour and her 
deputy were out of Geneva in late November when Foreign 
Minister Carolina Barco passed through for an IOM meeting and 
had hoped to discuss GOC concerns about the OHCHR's Bogota 
office.  Arbour, still assembling her team, traveling 
frequently, and immersed on other issues, has not focused on 
Colombia.  A trip to Colombia, Guatemala and Mexico was 
planned for last October but put off.  When OHCHR field 
operations directors were in Geneva in November, Arbour met 
with each one for only 15 minutes.  That 15 minute meeting 
with Fruhling has been her only substantive briefing on OHCHR 
operations in Colombia.   Magazzeni advised that Arbour would 
be in New York on Jan. 10-12 to sign an agreement with 
Guatemala and suggested that the GOC make another attempt to 
see her. He recommended that G-24 countries should also weigh 
in with her. 
 
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COMMENT AND ACTION REQUEST 
-------------------------- 
 
7. (C) The GOC and the OHCHR are both working to improve 
human rights in Colombia, but are approaching the issue from 
adversarial positions that undermine the effectiveness of 
each and, most importantly, reduce the progress that can and 
should be made.  The relationship between the GOC and the 
OHCHR Bogota office may deteriorate further once the OHCHR 
shares its draft report to the Commission on Human Rights. 
The U.S. objective should be two-fold: (1) to faciliate an 
exchange between Arbour and a key GOC interlocutor; and (2) 
to make Arbour aware that all is not well in Bogota.  It is 
up to her to decide what to do about it.  Arbour's presence 
in New York on January 10-12 is a target of opportunity for 
the GOC, the U.S. and other G-24 members.  The timing would 
be particularly ideal if the GOC and the UN proceed with a 
planned meeting in New York the week of January 17 to discuss 
the future of the entire UN presence in Colombia (also 
reported reftel). 
 
8. (C) Embassy has informed the MFA that Arbour will be in 
New York next week.  As Colombian permrep Holguin is close to 
President Uribe, Embassy recommends that the Department 
instruct USUN to reach out to her regarding Arbour's arrival 
and the utility of presenting GOC views directly to her.  A 
direct approach by the U.S. to Arbour would be useful but 
more effective if done in concert with other G-24 members. 
Canada (as G-24 chair), the Netherlands (which continues to 
represent the EU in Bogota since Luxembourg has no 
representation here), the UK, Brazil, and Spain, in 
particular, would likely give Arbour the same message. 
Embassy also recommends that the Department request Ottawa 
and the others to engage on this issue, in New York, Geneva 
or in capitals.  Embassy understands that several G-24 
foreign ministers will be in New York on Jan. 12 for a 
Security Council meeting on Haiti. 
WOOD