US embassy cable - 03VATICAN1124

C O N F I D E N T I A L SECTION 01 OF 02 VATICAN 001124 
 
SIPDIS 
 
FOR EUR/WE (MENNUTI), IO/UNP, AND DRL 
 
E.O. 12958: DECL: 03/17/2013 
TAGS: PREL, PHUM, PHUM, VT, VTPREL, religious freedom 
SUBJECT: HOLY SEE TO FOCUS ON HUMAN DIGNITY, RELIGIOUS 
FREEDOM AT 59TH UNHRC 
 
REF: A. A) SECSTATE 64728 
 
     B. B) VATICAN 531 
 
CLASSIFIED BY: DEPUTY CHIEF OF MISSION, BRENT HARDT.  REASONS: 1.5 (B) 
AND (D). 
 
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SUMMARY 
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1. (C) THE HOLY SEE DELEGATION TO THE 59TH UN HUMAN RIGHTS 
COMMISSION CONVEYED TO EMBASSY ITS WILLINGNESS TO WORK WITH 
US TO ADDRESS ISSUES OF MUTUAL INTEREST, PARTICULARLY 
ECONOMIC AND DEVELOPMENT RIGHTS, RELIGIOUS FREEDOM, AND 
MIGRATION.  HOLY SEE DELEGATE TO THE UNHRC, BISHOP DIARMUID 
MARTIN, SITS ON THE WORKING GROUP ON TRIPS AND PUBLIC HEALTH, 
AND CAN BE EXPECTED TO PRESS THE HOLY SEE'S POSITION THAT 
DEVELOPED COUNTRIES MUST SHOW GREATER SOLIDARITY WITH THE 
POOR.  THE HOLY SEE DELEGATION, THOUGH NON-VOTING, IS WILLING 
TO WORK BEHIND THE SCENES ON COUNTRY RESOLUTIONS, WITH THE 
PROVISO THAT SUCH RESOLUTIONS ARE "CONSTRUCTIVE."  THEY 
SPECIFICALLY OFFERED TO WORK WITH US ON THE BELARUS 
RESOLUTION.  END SUMMARY. 
 
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AVOIDING POLARIZATION 
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2.  (C)  POLOFF AND POLINTERN MET MARCH 17 WITH THE HOLY 
SEE'S DIRECTOR FOR UN ISSUES, MSGR. ETTORE BALESTRERO TO 
REVIEW THE U.S. POSITIONS ON KEY UNHRC ISSUES AND SOLICIT 
VATICAN SUPPORT FOR OUR APPROACH.  WHILE NOTING THAT THE HOLY 
SEE DOES NOT VOTE ON THE COMMISSION, BALESTRERO SAID IT TAKES 
THE COMMISSION'S WORK SERIOUSLY AND WILL ENGAGE ACTIVELY AT 
THE HRC, BOTH BEHIND THE SCENES AND OCCASIONALLY OPENLY WITH 
PARTNERS, TO ADVANCE ITS HUMAN RIGHTS AGENDA.  THE HOLY SEE'S 
GENERAL APPROACH AT THE 59TH UNHRC WOULD BE TO SEEK WHAT THEY 
REGARD AS "CONSTRUCTIVE" HRC RESOLUTIONS THAT OFFER COUNTRIES 
THE OPPORTUNITY TO "GO STRAIGHT" RATHER THAN SIMPLY 
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CONDEMNING AND PUNISHING THEM.  BALESTRERO SAID THEY WOULD 
URGE THE HRC TO BE SENSITIVE TO SIGNALS FROM COUNTRIES TRYING 
TO DEVELOP, YET NOT FULLY IN LINE WITH HUMAN RIGHTS 
STANDARDS.  BALESTRERO STRESSED SEVERAL TIMES THE HOLY SEE'S 
WISH THAT THE HRC NOT BECOME POLITICIZED -- A DISTINCT 
POSSIBILITY GIVEN THE COUNTRIES NOW SITTING ON THE 
COMMISSION.  HE SPECIFICALLY NOTED THE LIBYAN CHAIRMANSHIP AS 
POTENTIALLY POLARIZING, AND NEEDING CAREFUL TREATMENT TO 
ENSURE CONSTRUCTIVE OUTCOMES. 
 
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AREAS OF COOPERATION 
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3.  (C)  TURNING TO AREAS FOR POTENTIAL U.S.-HOLY SEE 
COOPERATION AT THE HRC, MSGR. BALESTRERO FIRST NOTED THAT THE 
HOLY SEE HAD PROBLEMS WITH THE LANGUAGE OF BEIJING  5, AND 
THAT WE SHOULD WORK TOGETHER TO INSERT MUTUALLY BENEFICIAL 
LANGUAGE ON REPRODUCTIVE HEALTH TO THE DRAFT TEXT.  SECONDLY, 
HE EXPLAINED THE HOLY SEE'S DESIRE TO MONITOR CLOSELY THE 
RESOLUTION ON AIDS FOR LANGUAGE WHICH MIGHT CREATE PROBLEMS 
FOR BOTH OF US.  READING FROM THE DRAFT AGENDA, BALESTRERO 
LISTED FOUR ADDITIONAL AREAS IN WHICH THE HOLY SEE AND USG 
COULD COOPERATE:  RACISM; GLOBALIZATION AND HUMAN RIGHTS; 
RELIGIOUS INTOLERANCE AND MIGRATION.  AS FOR COUNTRY 
RESOLUTIONS, HE OFFERED BELARUS AS ONE COUNTRY WHERE THE HOLY 
SEE DELEGATION WILL TAKE AN ACTIVE ROLE IN NEGOTIATING A 
RESOLUTION.  THOUGH HE ADMITTED THE 2002 BELARUS LAW ON 
RELIGIONS IS NOT SPECIFICALLY A ROMAN CATHOLIC ISSUE, IT DOES 
HAVE IMPLICATIONS FOR THE CHURCH IN BELARUS.  MOREOVER, THE 
HOLY SEE IS COMMITTED TO PROMOTING RELIGIOUS FREEDOM 
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EVERYWHERE.  PRESSED ON THE CUBA RESOLUTION, BALESTRERO NOTED 
HOLY SEE CONCERNS AT THE LACK OF PROGRESS ON HUMAN AND 
RELIGIOUS FREEDOM IN CUBA, BUT DID NOT COMMIT TO ACTIVELY 
WORKING ON THE RESOLUTION.  HE URGED USDEL TO BE IN CONTACT 
WITH THE HOLY SEE'S PERMANENT OBSERVER, BISHOP DIARMUID 
MARTIN, AND WELCOMED THE OPPORTUNITY OF FURTHER CONSULTATIONS 
AND DISCUSSION OF TEXTS OF RESOLUTIONS DURING THE SESSION. 
 
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DOHA TRIPS, ECONOMIC, DEVELOPMENT RIGHTS IN FOCUS 
--------------------------------------------- ---- 
 
4.  (C) BALESTRERO SIGNALED TO EMBOFF'S THE HOLY SEE'S 
CONTINUING CONCERN THAT THE U.S. WAS BACKING AWAY FROM ITS 
PREVIOUS STRONG SUPPORT OF THE DOHA DECLARATION ON TRIPS AND 
PUBLIC HEALTH.  POLOFF EXPLAINED THE USG VIEW THAT AT DOHA 
AGREEMENTS WERE LIMITED TO CERTAIN COMMUNICABLE DISEASE 
EMERGENCIES IN CERTAIN COUNTRIES, AND THAT A NUMBER OF 
COUNTRIES NOW APPEARED TO WANT TO EXPAND THE DOHA AGREEMENT 
BEYOND THE AGREED FRAMEWORK.  AS WE HAVE PREVIOUSLY CONVEYED 
 
                       CONFIDENTIAL 
 
                           CONFIDENTIAL     PTQ9242 
 
PAGE 01        VATICA  01124  02 OF 02  190648Z 
ACTION EUR-00 
 
INFO  LOG-00   NP-00    AMAD-00  EVG-00   CIAE-00  INL-00   DODE-00 
      DS-00    VC-00    TEDE-00  INR-00   IO-00    LAB-01   VCE-00 
      MED-07   NSAE-00  OIC-02   PA-00    SSO-00   SS-00    R-00 
      EPAE-00  DSCC-00  PRM-00   DRL-01   SAS-00     /011W 
                  ------------------46C134  190648Z /38 
O 190644Z MAR 03 
FM AMEMBASSY VATICAN 
TO SECSTATE WASHDC IMMEDIATE 
INFO HUMAN RIGHTS COMMISSION COLLECTIVE PRIORITY 
USMISSION GENEVA PRIORITY 
USMISSION USUN NEW YORK PRIORITY 
 
C O N F I D E N T I A L SECTION 02 OF 02 VATICAN 001124 
 
SIPDIS 
 
FOR EUR/WE (MENNUTI), IO/UNP, AND DRL 
 
E.O. 12958: DECL: 03/17/2013 
TAGS: PREL, PHUM, VT 
SUBJECT: HOLY SEE TO FOCUS ON HUMAN DIGNITY, RELIGIOUS 
FREEDOM AT 59TH UNHRC 
 
TO THE HOLY SEE (REF B), THE U.S., FAR FROM BACKING AWAY, HAD 
UNILATERALLY DECLARED A MORATORIUM ON CERTAIN PATENT 
ENFORCEMENT ACTIONS IN ORDER TO ENSURE IMMEDIATE ACCESS TO 
CRITICAL MEDICINES FOR THE POOREST COUNTRIES AND CONTINUED TO 
WORK TO ACHIEVE AN AGREED FRAMEWORK.  BALESTRERO INDICATED 
THAT BISHOP MARTIN, WHO SITS ON THE HRC WORKING GROUP THAT 
WILL ADDRESS THIS AND OTHER ECONOMIC DEVELOPMENT ISSUES, 
CONTINUED TO BELIEVE THAT THE USG WAS BACKING AWAY FROM A 
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DOHA UNDERTAKING TO ENSHRINE THE TRIPS MORATORIUM IN THE WTO. 
 THE HOLY SEE, BELIEVING THE RIGHT TO MEDICAL CARE IS A CORE 
HUMAN RIGHT, WILL WORK TO HAVE THE PRINCIPLE MADE PART OF THE 
WTO FRAMEWORK, HE ADDED. 
 
5. (C)  THE HOLY SEE CONTINUES TO REGARD THE RIGHT TO 
DEVELOPMENT AS A FUNDAMENTAL RIGHT, AND CAN THEREFORE BE 
EXPECTED TO SEEK TO PUSH THE ENVELOP ON THESE ISSUES FURTHER 
THAN WE WOULD LIKE TO SEE.  BALESTRERO OBSERVED THAT THE U.S. 
APPEARS TO THE HOLY SEE AT TIMES AS FOCUSING TOO MUCH ON 
POLITICAL AND CIVIC RIGHTS AT THE EXPENSE OF SOCIAL AND 
ECONOMIC DEVELOPMENT RIGHTS.  POLOFF REITERATED THE U.S. VIEW 
THAT ECONOMIC AND SOCIAL DEVELOPMENT COULD ONLY TAKE PLACE IN 
AN ENVIRONMENT WHERE POLITICAL RIGHTS WERE GUARANTEED AND 
THERE WAS RESPECT FOR THE RULE OF LAW.  FURTHERMORE, POLOFF 
NOTED THAT DEVELOPMENT ISSUES WERE BEST ADDRESSED IN OTHER UN 
FORA. 
 
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HUMAN RIGHTS IN IRAQ 
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6. (C) IN A BRIEF REVIEW OF THE HUMAN RIGHTS SITUATION IN 
IRAQ, BALESTRERO CALLED THE HUMAN RIGHTS VIOLATIONS IN THAT 
COUNTRY "CATASTROPHIC," AND EXPRESSED HIS HOPE THAT THE 
SITUATION WILL BE SOLVED WITHOUT RESORTING TO VIOLENCE.  HE 
WAS OPEN TO WORKING ON AN EVENTUAL RESOLUTION, WHILE NOTING 
THAT THE SITUATION IS NOW SO FLUID THAT ALL COUNTRIES WILL 
HAVE TO BE FLEXIBLE. 
 
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COMMENT 
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7. (C) THE HOLY SEE IS CLEARLY A WILLING PARTNER ON MOST 
ISSUES FACING THE UNHRC.  THOUGH WE DISAGREE WITH THEIR 
DESIRE TO ADDRESS ECONOMIC AND DEVELOPMENT RIGHTS IN THIS 
FORUM, ON OTHER ISSUES BEFORE THE COMMISSION, OUR VIEWS ARE 
CLOSE AND COOPERATION IS POSSIBLE.   BISHOP DIARMUID MARTIN, 
FORMER SECRETARY OF THE PONTIFICAL COUNCIL FOR JUSTICE AND 
PEACE (AND 1980'S INTERNATIONAL VISITOR TO THE U.S.), WILL BE 
A STRONG ADVOCATE FOR CORE HOLY SEE VIEWS IN THE 
SOCIAL/ECONOMIC REALM AND WILL UNDOUBTEDLY PUSH FOR THOSE 
ISSUES TO BE ADDRESSED AND 'CONSTRUCTIVELY' RESOLVED AT THIS 
YEAR'S COMMISSION. (THIS CABLE WAS DRAFTED BY POLITICAL 
SECTION INTERN MATT TAYLOR). 
NICHOLSON 
 
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