State Department cable providing talking points and summarizes discussion from September 18, 2003 Human Rights and Terrorism Meeting at The Hague. The summary includes a "surprising defense of the U.S. policies in the war against terror noting that there is "such a thing as Islamic Terrorism" but that the U.S. should be careful because some countries with fewer safeguards for human rights and without the culture and history for respecting human rights might take away only the efforts against extremists and violate basic human rights with the same techniques. It is noted that Amnesty International circulated the most critical papers on the U.S. policies. Spanish and German representatives expressed views consistent with the U.S. position. It was agreed that there is no conflict in the dual objectives of fighting international terrorism and respecting human rights.
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R 091113Z OCT 03
FM USMISSION USOSCE
TO SECSTATE WASHDC 1400
INFO OSCE POST COLLECTIVE
UNCLAS SECTION 01 OF 02 USOSCE 000475
E.O. 12958: N/A
TAGS: OSCE, PREL, PHUM, PTER
SUBJECT: OSCE: BALANCED CRITICISM AT HUMAN RIGHTS AND
TERRORISM MEETING
REF: STATE 266214
1. SUMMARY. USOSCE AND EMBASSY THE HAGUE PARTICIPATED IN A
DUTCH ORGANIZED HUMAN RIGHTS AND TERRORISM SEMINAR SEPTEMBER
18 IN THE HAGUE. THE U.S. WAS REPRESENTED BY USOSCE DEPUTY
POLITICAL COUNSELOR DAVID MORRIS, USOSCE POLITICAL OFFICER
NICOLE SOBOTKA, EMBASSY THE HAGUE DEPUTY LEGAL ADVISOR DAVID
KAYE, AND EMBASSY . THE HAGUE POLITICAL OFFICER KAMI WITMER.
EXPECTED CRITICISM OF THE U.S. WAS BALANCED. UZBEKISTAN WAS
SUBJECT TO HEAVY CRITICISM. SOME OF THE DISCUSSION WAS
SIDETRACKED ON THE DEFINITION OF TERRORISM AND ON THE
QUESTIONS OF WHETHER THERE ARE ROOT CAUSES OF TERRORISM,
WHETHER OR NOT TERRORISTS CAN VIOLATE HUMAN RIGHTS, AND THE
ISSUE OF "STATE-SPONSORED TERRORISM". END SUMMARY.
CRITICISM OF THE UNITED STATES
2. THE U.S. EXPECTED CRITICISM AT THE NETHERLANDS HELSINKI
COMMITTEE (NHC) ORGANIZED HUMAN RIGHTS AND TERRORISM SEMINAR,
HELD SEPTEMBER 18 UNDER THE AUSPICES OF THE DUTCH OSCE
CHAIRMANSHIP. THE KEYNOTE SPEAKERS, INCLUDING THREE
AMERICANS, WERE BALANCED IN THEIR CRITICISM. OF THE
AMERICANS, ABDULLAHI AN-NAIM, PROFESSOR AT THE SCHOOL OF LAW,
EMORY UNIVERSITY, WAS THE MOST CRITICAL, CALLING U.S. ACTIONS
IN IRAQ "'COLONIZATION IN THE MOST BRUTAL SENSE." (COMMENT:
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INTERESTINGLY, A DUTCH NGO, INTERCHURCH PEACE COUNCIL,
DEFENDED THE U.S. ON THIS POINT. END COMMENT.) NOTING THAT
HE IS MUSLIM, AN-NAIM ALSO ARGUED THAT THERE IS SUCH A THING
AS "ISLAMIC TERRORISM." TOM MALINOWSKI, ADVOCACY DIRECTOR
FOR HUMAN RIGHTS WATCH IN WASHINGTON, WHILE CRITICAL OF U.S.
POLICY, WAS BALANCED IN HIS APPROACH. HE WARNED THAT THE
U.S. SHOULD THINK CAREFULLY ABOUT ITS ACTIONS BECAUSE OTHER
COUNTRIES, WITH FEWER LEGAL SAFEGUARDS, ARE COPYING OUR
ACTIONS. HE ARGUED THAT WHILE THERE IS CERTAINLY A NEED FOR
BETTER INTELLIGENCE, SOME U.S. OFFICIALS HAVE BEEN "BRAGGING
ABOUT" USING "SOFT-TORTURE TECHNIQUES." FORMER ASSISTANT
ATTORNEY GENERAL FOR LEGAL POLICY VIET DINH DELIVERED POINTS
CONSISTENT WITH U.S. GOVERNMENT POLICY.
3.
AMNESTY INTERNATIONAL CIRCULATED ONE OF THE MOST CRITICAL
PAPERS ON THE U.S., ENTITLED "UNITED STATES OF AMERICA, THE
THREAT OF A BAD EXAMPLE: UNDERMINING INTERNATIONAL STANDARDS
AS 'WAR ON TERROR' DETENTIONS CONTINUE." OTHERS QUESTIONED
THE DURATION OF DETENTIONS, LACK OF ACCESS TO LEGAL AID OF
DETAINEES, AND APPLICATION OF GENEVA CONVENTIONS. THE ACTING
UN HIGH COMMISSIONER ON HUMAN RIGHTS QUESTIONED THE "LEGAL
LIMBO" OF DETAINEES, WITHOUT ACCESS TO COURTS, IN SITUATIONS
WHERE THEY COULD BE HANDED OVER TO "SHADY" GOVERNMENTS. HE
ALSO CALLED FOR ACCOUNTABILITY AND OVERSIGHT, SPECIFICALLY TO
THE UN SECURITY COUNCIL, OF GOVERNMENTS' SECURITY ACTIONS.
ELISABETH REHN, CHAIR OF WORKING TABLE I OF THE STABILITY
PACT, ASKED WHETHER A PERSON CAN BE DETAINED FOR MONTHS OR
YEARS ON END. ,
4.
IN RESPONSE, USOSCE REPS DELIVERED REFTEL POINTS
ENUMERATING THE LEGAL SAFEGUARDS OF THE MILITARY COMMISSIONS,
SHOULD THEY BE FORMED, AND EXPLAINING THE STATUS AND RIGHTS
OF DETAINEES AT GUANTANAMO ACCORDING TO U.S. INTERPRETATION
OF THE GENEVA CONVENTIONS. ICRC REPLIED THAT IT HAS A
DIFFERENT INTERPRETATION OF THE GENEVA CONVENTIONS THAN THE
U.S. ICRC ARGUES THAT ARTICLE 4 APPLIES CRITERIA TO MILITIAS
BUT NOT MEMBERS OF ARMED FORCES. FURTHERMORE, ICRC ARGUED
THAT THE CONVENTIONS ESTABLISH A PROCESS FOR DETERMINING
APPLICABILITY OF CONVENTIONS. IT IS THIS PROCESS THAT THE
ICRC IS ADVOCATING BE USED IN THE UNITED STATES.
5. UZBEKISTAN WAS THE RECIPIENT OF HARSH CRITICISM FROM THE
INTERNATIONAL HELSINKI FEDERATION (IHF), WHICH RAISED THE
EXECUTION OF 3,000 PERSONS PER YEAR IN UZBEKISTAN, THE
HARASSMENT OF CERTAIN MUSLIM GROUPS, AND THE RESETTLEMENT OF
TAJIKS. IHF ALSO CRITICIZED RUSSIA OVER CHECHNYA, IN THE
PROCESS ARGUING THAT THE SITUATION OF AMERICAN TROOPS IN IRAQ
IS NOTHING LIKE RUSSIAN TROOPS IN CHECHNYA, WHICH THE RUSSIAN
REP HAD IMPLIED; AMERICAN TROOPS ARE TRYING TO SAVE CIVILIANS
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WHILE RUSSIAN TROOPS ARE NOT. THE U.S. REPS, IN RESPONDING
TO CRITICISM THAT WE ALLEGEDLY DO NOT SPEAK OUT ON HUMAN
RIGHTS ISSUES, NOTED THAT WE OFTEN CRITICIZE, PUBLICLY AND
PRIVATELY, OSCE PARTICIPATING STATES, INCLUDING UZBEKISTAN.
PROBLEMS OF DEFINITION
6. DISCUSSION ALSO FOCUSED ON THE PROBLEMS OF DEFINING
TERRORISM AND THE APPLICABILITY OF THE PHRASE "ROOT CAUSES OF
TERRORISM." DUTCH FOREIGN MINISTER JAAP DE HOOP SCHEFFER SET
THE TONE FOR THE SEMINAR BY STATING "THERE IS NO
JUSTIFICATION OF TERRORISM." THAT SAID, OTHER KEYNOTE
SPEAKERS INCLUDING MARK ENTINE, DIRECTOR OF THE INSTITUTE OF
EUROPEAN LAW AT MOSCOW STATE OF INSTITUTE OF INTERNATIONAL
RELATIONS, ARGUED THAT THERE ARE ROOT CAUSES OF TERRORISM
INCLUDING, POVERTY, UNEMPLOYMENT, SOCIAL ALIENATION, COLLAPSE
OF STATE STRUCTURES, AND INTERNAL OR EXTERNAL CONFLICTS. THE
COE AND IHF BOTH ARGUED THAT A DEFINITION OF TERRORISM IS
NEEDED IN ORDER TO ENHANCE INTERNATIONAL COOPERATION AND TO
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TERRORISM IS A PROBLEM IN THE OSCE, USING SREBRENICA AND
CHECHNYA AS EXAMPLES.
7. THE GERMAN AND SPANISH REPRESENTATIVES, EXPRESSING VIEWS
CONSISTENT WITH U.S. POLICY, STATED THAT A DISCUSSION OF ROOT
CAUSES OF TERRORISM PLAYS INTO TERRORISTS' ARGUMENTS.
"POVERTY CAN CAUSE DELINQUENCY BUT NOT TERRORISM." THEY BOTH
ALSO ARGUED THAT ONE SHOULD NOT LINK THE ACTION OF THE STATE
WITH TERRORIST ACTIONS, JUST AS ONE SHOULD NOT ARGUE THAT
TERRORISTS VIOLATE HUMAN RIGHTS. 'STATES ARE THE ONLY
PROTECTORS OF HUMAN RIGHTS.
CONCLUSIONS AND COMMENTS
8. THE SEMINAR CONCLUDED WITH THE DUTCH MFA'S OSCE
COORDINATOR, DAAN EVERTS, NOTING HE WOULD TAKE THE
DECLARATION OF THE NETHERLANDS HELSINKI COMMITTEE ON THE
FIGHT AGAINST TERRORISM AND THE PROTECTION OF HUMAN RIGHTS TO
HIS FOREIGN MINISTER, WHO WAS PLANNING TO SPEAK ON THE ISSUE
AT THE UN ON 22 SEPTEMBER. THE DECLARATION INCLUDED EIGHT
STATEMENTS, AS FOLLOWS:
-- WHETHER A DISCUSSION ON DEFINITION OF TERRORISM IS
DESIRABLE AND MEANINGFUL DEPENDS ON THE PURPOSE THIS
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DEFINITION SERVES: SCIENTIFIC ANALYSIS, PUNISHMENT OR
PREVENTION. HOWEVER, IN ALL CASES, A DEFINITION OF TERRORISM
(A) SHOULD HAVE AN "ABSOLUTE" CHARACTER, AND (B) SHOULD NOT
EXCLUDE SPECIFIC ACTORS.
-- THERE ARE NO CONFLICTING OBJECTIVES BETWEEN COMBATING
TERRORISM AND RESPECTING HUMAN RIGHTS.
-- IN THE CASE OF INTERNATIONAL AND NATIONAL REGULATIONS
REGARDING MEASURES AGAINST PERSONS OR GROUPS OF PERSONS
SUSPECTED OF TERRORISM, INTERNATIONAL HUMAN RIGHTS STANDARDS
SHOULD BE FULLY GUARANTEED. A STATE OF EMERGENCY AND THE
INSTANCE OF INTERNATIONAL AND INTERNAL ARMED CONFLICTS DO NOT
AMOUNT TO A GROUND FOR DEVIATING FROM THESE STANDARDS.
-- MAKING TERRORISM AN INTERNATIONAL AND A NATIONAL OFFENSE
IS ONLY PERMITTED IF THERE ARE SUFFICIENT LEGAL GUARANTEES TO
ALLOW AN INDEPENDENT COURT TO ASSESS ANY (ALLEGED) MISUSE OR
MISAPPLICATION OF SUCH STATUTES.
-- WHEN TAKING MEASURES AGAINST TERRORISM, ALONGSIDE THE
RIGHTS OF SUSPECTS THE RIGHTS OF CITIZENS SHOULD LIKEWISE BE
EXPRESSLY INCLUDED, ESPECIALLY THE RIGHT TO PRIVACY, THE
RIGHT TO INFORMATION, THE RIGHT TO THE FREEDOM OF EXPRESSION
AND--MORE GENERALLY--THE RIGHT TO DEMOCRATIC DECISION-MAKING
AND TRANSPARENCY.
-- IN INTERNATIONAL AND NATIONAL ANTI-TERRORISM POLICY
ECONOMIC, SOCIAL AND CULTURAL HUMAN RIGHTS SHOULD HAVE EQUAL
STANDING ALONGSIDE POLITICAL AND CIVIL RIGHTS:
-- IN INTERNATIONAL AND NATIONAL ANTI-TERRORISM POLICY
COLLECTIVE HUMAN RIGHTS SHOULD HAVE EQUAL STANDING ALONGSIDE
INDIVIDUAL HUMAN RIGHTS.
-- INTERNATIONAL CO-OPERATION IS A NECESSARY CONDITION FOR
EFFECTIVELY COMBATING TERRORISM. THIS CO-OPERATION IS
NOTABLY TO BE ORGANIZED WITHIN INTERNATIONAL ORGANIZATIONS.
A NUMBER OF THESE ORGANIZATIONS MUST PLAY A CRUCIAL ROLE.
CONSIDERING ITS OBJECTIVES AND COMPETENCIES, IN PARTICULAR
THE OSCE CAN BE A FORUM FOR THE ESTABLISHMENT OF AN
INTERNATIONAL POLICY DIRECTED TOWARDS REMOVING THE BREEDING
GROUND FOR TERRORISM.
9. COMMENT: WHILE OSCE CHAIRMAN-IN-OFFICE, DUTCH FM DE HOOP
SCHEFFER OPENED THE SESSION, THE GONL WAS REPRESENTED BY
THEIR NEW AMBASSADOR FOR HUMAN RIGHTS. DUTCH CONTACTS
REPEATED NUMEROUS TIMES THAT THE NHC WAS RESPONSIBLE FOR THE
CONTENT AND OUTCOME OF THE SEMINAR; THE GONL "MERELY
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CONTRIBUTED FUNDING FOR IT." ODIHR ONLY HAD TWO REPRESENTATIVES AT THE CONFERENCE - THE HEAD OF ODIHR'S TERRORISM UNIT AND AN ADVISOR TO THE DIRECTOR, WHO IS
SECONDED BY THE DUTCH GOVERNMENT. IN PREVIOUS CONVERSATIONS
WITH ODIHR, STAFF HAD NOTED DISAPPOINTMENT THAT THEY HAD NOT
BEEN CONSULTED IN THE DEVELOPMENT OF THE AGENDA, WHICH
AFFECTED THEIR ATTENDANCE. WHILE THE ISSUE REMAINS A
RELEVANT TOPIC IN THE OSCE REALM, USOSCE IS NOT EXPECTING A
CALL FOR IMMEDIATE FOLLOW-UP OR, MORE SPECIFICALLY, FOR A
MINISTERIAL DOCUMENT ON THIS ISSUE. END COMMENT.
MINIKES
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