US embassy cable - 02RANGOON1354

UNCLAS SECTION 01 OF 02 RANGOON 001354 
 
SIPDIS 
 
FOR EAP/BCLTV 
CINCPAC FOR FPA 
 
E.O. 12958: N/A 
TAGS: PHUM, PREF, PREL, BM, Ethnics, Human Rights 
SUBJECT: SR PINHEIRO WILL INSIST GOB AGREE TO INVESTIGATION 
OF SHAN RAPE ALLEGATION 
 
REF: SECSTATE 203659 AND PREVIOUS 
 
1.  (SBU) SUMMARY:  UNSR PINHEIRO BRIEFED EU, AUSTRALIA, 
JAPAN AND U.S. REPRESENTATIVES ON HIS PLANS OR HIS VISIT TO 
BURMA AND OUTLINED THREE OPTIONS: 
 
--  PLAN A - A JOINT INVESTIGATION BY SPDC, NLD AND ETHNIC 
REPRESENTATIVES (ALL AGREED THIS IS A NON-STARTER) 
--  PLAN B - AN INVESTIGATION BY INDEPENDENT INVESTIGATORS 
OPERATING UNDER PINHEIRO'S UNSR HUMAN RIGHTS MANDATE (TO 
POSSIBLY INCLUDE PARTICIPATION BY THE UNSR FOR VIOLENCE 
AGAINST WOMEN) 
-- PLAN C REQUEST A NEW UN MANDATE FOR THE SPECIFIC AND SOLE 
PURPOSE OF INVESTIGATING THE SHAN RAPE ALLEGATIONS (THIS 
WOULD TAKE PLACE IF AT ALL, IN THE FAR DISTANT FUTURE AS 
OBVIOUSLY IT WOULD NOT BE HIGH ON THE CURRENT UN AGENDA) 
 
SR PINHEIRO'S MESSAGE WAS CONSISTENT WITH THE POSITIONS HE 
EXPRESSED IN HIS RECENT MEETINGS WITH EAP DAS MATT DALEY AND 
A/S LORNE CRANER (SEE REFTEL).  WE WILL STAY IN CLOSE CONTACT 
WITH PINHEIRO DURING THIS VISIT AND STRESS THAT HE MUST NOT 
STEP BACK FORM CONFRONTING THE GOB AND EXERTING EVERY 
PRESSURE TO MAKE THEM AGREE TO THE OHCHR INVESTIGATIVE TEAM. 
HOWEVER, THE USG AND OTHER GOVERNMENTS WILL NEED TO COMMIT TO 
FUNDING AN OHCHR "FACT FINDING" MISSION.  END SUMMARY. 
 
2.  (SBU) SR PINHEIRO BRIEFED EU, AUSTRALIA, JAPAN, AND U.S. 
REPRESENTATIVES ON HIS PLANS OR HIS VISIT TO BURMA AND IN 
PARTICULAR HIS PLAN OF ACTION REGARDING INVESTIGATION OF THE 
SHAN RAPE ALLEGATIONS.  HE OUTLINED THREE OPTIONS: 
 
-- PLAN A - A JOINT INVESTIGATION BY SPDC, NLD AND ETHNIC 
REPRESENTATIVES (ALL AGREED THIS IS A NON-STARTER) 
-- PLAN B - AN INVESTIGATION (THE TERM FACT-FINDING IS 
PREFERRED AS "INVESTIGATION" REALLY RAISES THE GOB'S HACKLES) 
BY INDEPENDENT INVESTIGATORS OPERATING UNDER PINHEIRO'S UNSR 
HUMAN RIGHTS MANDATE (TO INCLUDE PARTICIPATION BY THE UNSR 
FOR VIOLENCE AGAINST WOMEN) 
-- PLAN C  - REQUEST A NEW UN MANDATE FOR THE SPECIFIC AND 
SOLE PURPOSE OF INVESTIGATING THE SHAN RAPE ALLEGATIONS (THIS 
WOULD TAKE PLACE IF AT ALL, IN THE FAR DISTANT FUTURE AS 
OBVIOUSLY IT WOULD NOT BE NOT HIGH ON THE CURRENT UN AGENDA) 
 
3.  (SBU) AFTER SOLICITING COMMENTS FROM THE VARIOUS MEMBERS 
AROUND THE TABLE, PLAN B (JUST AS IN REFTEL) PINHEIRO AGREED 
THAT PLAN B IS THE ONLY OPTION THAT WOULD SATISFY THE GOB'S 
RESPONSIBILITY TO PROTECT HUMAN RIGHTS AND THE ONLY OPTION 
THAT THE INTERNATIONAL HUMAN RIGHTS COMMUNITY WOULD FIND 
CREDIBLE.  PINHEIRO STATED THAT HE WOULD PUT THIS PROPOSAL tO 
THE GOB IN COURTEOUS BUT VERY STRONG TERMS AND WOULD ADVISE 
THEM THAT IF THEY DID NOT AGREE, THEN HIS UPCOMING REPORT TO 
THE UN WOULD BE VERY HARSH. 
 
4. (SBU) PINHEIRO SAID THAT THE GOB WOULD HAVE TO AGREE AND 
GUARANTEE THE FOLLOWING CONDITIONS IN ORDER TO IMPLEMENT PLAN 
B: 
 
--  FREE ACCESS TO ALL VICTIMS AND WITNESSES 
--  FREEDOM OF MOVEMENT TO ALL LOCALES INCLUDING AND 
ESPECIALLY BORDER AREAS 
--  FREEDOM TO DECIDE THE COMPOSITION OF THE TEAM 
--  FREEDOM TO DECIDE THE LENGTH OF TIME THE TEAM WOULD NEED 
FOR THE INVESTIGATION 
--  FREEDOM TO VERIFY THAT COOPERATING WITNESSES/VICTIMS DID 
NOT SUFFER REPRISALS 
 
5. (SBU) PER REFTEL, PINHEIRO STRESSED THAT FUNDING COULD BE 
A STUMBLING BLOCK AND ASKED FOR REASSURANCES THAT FUNDS WOULD 
BE FORTHCOMING, ASSURANCES THAT HE RECEIVED VERY CLEARLY FROM 
THE U.S., AUSTRALIAN, AND U.K COM'S PRESENT, AND WITH SOME 
INDICATION FROM OTHERS AROUND THE TABLE THAT THEY WOULD ALSO 
BE WILLING TO FUND. 
 
6.  (SBU) SR PINHEIRO SAID THAT THE GOB HAD PLANNED A VERY 
FULL PROGRAM FOR HIM IN SHAN STATE BUT HE HAD NO INTENTION OF 
GOING THERE.  HE SAID HE WOULD NOT BE ABLE TO DISCOVER 
ANYTHING DURING HIS CURRENT VISIT CONDITIONS AND THE GOB 
WOULD USE A VISIT TO SHAN STATE AS A "BENEDICTION" OF THEIR 
ACTIONS.  HE ALSO COMPLAINED THAT HE WAS VERY IRRITATED THAT 
SPDC SPOKESMAN HLA MIN HAD BEEN TOUTING HIS VISIT AS BEING A 
RESPONSE TO A GOB INVITATION TO INVESTIGATE THE RAPE 
ALLEGATIONS.  PINHEIRO SAID THIS WAS PART OF HIS NORMAL 
SCHEDULE OF SR VISITS AND NOT PREDICATED ON INVESTIGATING THE 
RAPE ALLEGATIONS. 
7.  (SBU) PINHEIRO WENT ON TO SAY THAT HE WAS NOT GOING TO 
FOLLOW THE GOB'S VERY DETAILED PLAN FOR HIS VISIT BUT WOULD 
PURSUE HIS OWN AGENDA IN ADDITION TO AN OUTBRIEF FOR THE SAME 
GROUP HE MET WITH TODAY, HE ASKED TO MEET WITH COM PRIVATELY 
THIS WEEKEND TO PROVIDE A READOUT AFTER HIS FIRST FEW DAYS 
HERE AND TO DISCUSS OUR FINDINGS IN RELATION TO THE RECENT 
VISIT OF DRL/IRF'S PAUL MARTIN.               . 
 
8.  (SBU) COMMENT:  SR PINHEIRO'S MESSAGE WAS CONSISTENT WITH 
THE POSITIONS HE EXPRESSED IN HIS RECENT MEETINGS WITH EAP 
DAS MATT DALEY AND DRL A/S LORNE CRANER.  WE WILL STAY IN 
CLOSE CONTACT WITH PINHEIRO DURING THIS VISIT AND STRESS THAT 
HE MUST NOT STEP BACK FROM CONFRONTING THE GOB AND EXERTING 
EVERY PRESSURE TO MAKE THEM AGREE TO THE OHCHR INVESTIGATIVE 
TEAM. END COMMENT. 
Martinez