Cablegate: Sr Pinheiro Will Insist Gob Agree to Investigation

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 02 RANGOON 001354

SIPDIS

FOR EAP/BCLTV
CINCPAC FOR FPA

E.O. 12958: N/A
TAGS: PHUM PREF PREL BM
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

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