VZCZCXRO8917
RR RUEHROV
DE RUEHEG #1094/01 1661401
ZNY CCCCC ZZH
R 151401Z JUN 09
FM AMEMBASSY CAIRO
TO RUEHC/SECSTATE WASHDC 2854
INFO RUEHXK/ARAB ISRAELI COLLECTIVE
RUEHOT/AMEMBASSY OTTAWA 0147
RUCNDT/USMISSION USUN NEW YORK 0297
RUEHGV/USMISSION GENEVA 0444
RUEHBS/USEU BRUSSELS

C O N F I D E N T I A L SECTION 01 OF 02 CAIRO 001094 
 
SIPDIS 
 
FOR IO/RHS, DRL/MLGA AND NEA/ELA 
 
E.O. 12958: DECL: 06/15/2029 
TAGS: PREL PHUM KISL UN EG
SUBJECT: IO DELEGATION'S POSITIVE MULTILATERAL HUMAN RIGHTS 
DISCUSSIONS WITH THE MFA REF: A. STATE 47955 B. CAIRO 680 C. CAIRO 572 D. CAIRO 484 E. CAIRO 397 Classified By: Ambassador Margaret Scobey for reasons 1.4 (b) and (d).
1.KEY POINTS -- (C) On May 18, a Department delegation led by IO/RHS Director Atul Keshap told MFA Deputy Assistant Minister for Human Rights Wael Aboulmagd that the U.S. wants to increase cooperation with Egypt on UN human rights issues. -- (C) Keshap described U.S. free speech protections, and proposed intensive bilateral collaboration to achieve consensus on a UN Human Rights Council Freedom of Expression resolution at the September session. Keshap offered to work with the Europeans and Canada to this end. -- (C) Aboulmagd reacted positively to Keshap's proposal, and agreed to informal exchanges throughout the summer. -- (C) In May 19 meetings, civil society activists criticized GOE policy on UN human rights issues as driven by a cynical attempt to weaken the UN Human Rights Council and bolster the regime's domestic legitimacy. --------------- MFA Discussions ---------------

2.(C) The U.S. delegation also consisted of Mission Geneva Deputy Legal Advisor Anna Mansfield, L Attorney-Advisor Evelyn Aswad and IO/RHS Senior Officer Amy Ostermeier. Keshap noted that the Obama Administration wants to improve the bilateral relationship and work with Egypt on UN issues. The U.S. decision to seek a UN Human Rights Council (UNHRC) seat was an attempt to reach out to the world, and the U.S. wants to bridge the divide between the West and the Islamic world. Keshap stressed that the U.S. desire to change the atmosphere in the UNHRC is consistent with this new approach. Regarding the UNHRC Freedom of Expression Resolution, delegation members described how U.S. First Amendment free speech protections make signing article 20 of the International Covenant for Civil and Political Rights impossible. The delegation noted that U.S. law criminalizes acts of hate, not hateful speech, and that U.S. society usually rejects offensive speech.

3.(C) Aboulmagd welcomed U.S. re-engagement with the UNHRC and offered to provide counsel to the U.S. on Islamic issues, as Egypt did in the past. He noted that UN issues are part of the broad bilateral relationship. Aboulmagd described U.S. self-regulation of freedom of expression as "unique," and acknowledged, "We envy you for this." He asserted U.S. self-regulation only works some of the time, and has not always been effective regarding speech against Muslims. He stressed the need for anti-defamation laws in Egypt because of sectarian tensions.

4.(C) Aboulmagd cited the 2005 Danish cartoon episode as difficult for the Muslim world because of the lack of recourse in European courts. MFA Deputy Director for Human Rights Omar Shalaby asserted that during the episode, the Muslim world was told that cartoons insulting to the prophet constituted freedom of speech. He said that while there is equal protection under law in the U.S., Muslims in Europe do not believe they enjoy equal protection. MFA Deputy Director for Human Rights Mona El-Bahtimy called for a balance between freedom of expression and freedom from discrimination, saying that the international community needs to adapt to the increased discrimination against Muslims since September 11, 2001. -------------------------------------- Freedom of Expression (FoE) Resolution --------------------------------------

5.(C) Keshap said the U.S. wants a consensus text and wants to move past disagreement with Egypt. He proposed intensive diplomacy over the summer on a text, with the U.S. and Egypt playing leadership roles, to table the resolution at the September UNHRC session when the U.S. takes its seat. Keshap suggested that the U.S. could lobby Canada and the Europeans CAIRO 00001094 002.3 OF 002 on a consensus text, and press Canada to not run a resolution at the June UNHRC session. He noted that the U.S. will be looking for a signature issue for consensus during its September UNHRC debut, and suggested that the FoE resolution could be such an issue. Keshap proposed a fresh FoE text, and invited the Egyptian side to prepare a first draft.

6.(C) Aboulmagd expressed "excitement" with the proposal, calling it "wonderful." He offered to assist the U.S. lobby the Europeans. Aboulmagd proposed possible language on prohibiting incitement to religious hatred, on religious hatred not constituting legitimate free expression, and on noting concern over the rise in religious hatred in recent years. Following Keshap's response that "prohibition" of speech would be a problem, Aboulmagd and Shalaby replied that there are legal and technical ways "to get around" using the term "prohibited." Aboulmagd expressed his desire to reach agreement and agreed to informal exchanges with Keshap, and a possible visit to Washington in July. Aboulmagd and Keshap agreed to consult with their superiors during the informal exchanges for policy-level oversight.

7.(C) Keshap and Aboulmagd agreed that the U.S. and Egypt would seek ways to work together to re-focus the issue of defamation and incitement away from divisive language and toward areas of agreement. They reached an understanding that the U.S. and Egypt would try to focus on potential areas of consensus, such as language on combating and condemning acts of hatred and calling for non-discriminatory application of international legal standards. Keshap and Aboulmagd discussed other areas of potential consensus, such as urging proactive government responses to address minority concerns, and raising awareness of the underlying concerns that have motivated the Organization of the Islamic Conference's defamation resolutions. Separately on May 18, Keshap provided a general brief of the discussions for British, Canadian and EU emboffs. ---------------------- Civil Society Meetings ----------------------

8.(C) Egyptian Initiative for Personal Rights Executive Director Hossam Bahgat told the delegation that GOE UNHRC policy is not driven by political goals, not genuine concerns about Muslims in Europe or religious issues in Europe. According to Bahgat, the GOE views UN human rights machinery as a tool of the "Global North," and wants to weaken it. He said the GOE believes that the UN focus on human rights comes at the expense of more important issues, such as development. According to Bahgat, the GOE fears that UN member states could impose aid conditionality linked to human rights, and hopes that the 2011 review of the UNHRC will weaken the council's mandate. He welcomed the U.S. effort to defuse tensions with the Muslim world, but criticized the U.S. decision to continue military commissions.

9.(C) Director of the Cairo Institute for Human Rights Studies (CIHRS) Bahey Al-Din Hassan congratulated the delegation on the U.S. election to the UNHRC. He accused the GOE of playing a destructive role on UN human rights issues, particularly by using concerns over religious defamation to undermine freedom of expression. Hassan asserted that the GOE's focus on defending Islam is a cynical attempt to gain domestic legitimacy as Egypt has grown increasingly religious. He urged strong U.S. criticism of Egypt's human rights record at the February 2010 UNHRC Universal Periodic Review.

10.(C) Secretary-General of the Al-Azhar Islamic Research Council Sheikh Ali Abdel Baki described his moderate view of Islam as tolerant of all religions and nationalities. He said that the Koran respects freedom of speech, and Islam respects all opinions that are "productive." He noted that some speech, such as the 2005 Danish cartoons insulting to the Prophet Mohammed, is not acceptable. Keshap outlined the U.S. tradition of protecting free speech, and also described steps the USG is taking to protect religious minorities in the U.S.

11.(U) IO/RHS Director Atul Keshap cleared this message. SCOBEY