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Cablegate: Osce/Fsc October 22: Melange Elimination And

VZCZCXRO2624
PP RUEHAST RUEHFL RUEHLA RUEHMRE RUEHPOD RUEHROV RUEHSR
DE RUEHVEN #0258/01 2971609
ZNR UUUUU ZZH
P 231609Z OCT 08
FM USMISSION USOSCE
TO RUEHC/SECSTATE WASHDC PRIORITY 5995
INFO RUCNOSC/ORG FOR SECURITY CO OP IN EUR COLLECTIVE
RHEHNSC/NSC WASHDC
RUCNDT/USMISSION USUN NEW YORK 0615
RUEHUNV/USMISSION UNVIE VIENNA 1170
RHMFISS/CDR USEUCOM VAIHINGEN GE
RHMFISS/CDRUSAREUR HEIDELBERG GE
RUEAIIA/CIA WASHDC
RHDLCNE/CINCUSNAVEUR LONDON UK
RUEKJCS/DIA WASHDC
RUEASWA/DTRA ALEX WASHINGTON DC
RUESDT/DTRA-OSES DARMSTADT GE
RHMFIUU/HQ USCENTCOM MACDILL AFB FL
RUEKJCS/JCS WASHDC
RUEKJCS/JOINT STAFF WASHDC
RUEKJCS/SECDEF WASHDC
RUEHGV/USMISSION GENEVA 1110

UNCLAS SECTION 01 OF 06 USOSCE 000258

SENSITIVE
SIPDIS

STATE FOR VCI/CCA, VCI/NRRC, EUR/RPM, EUR/PRA, EUR/CARC,
SCA/CEN, SCA/RA, PM/WRA
JCS FOR J-5
OSD FOR ISA (PERENYI)
NSC FOR HAYES
USUN FOR LEGAL, POL
EUCOM FOR J-5
CENTCOM FOR J-5
UNVIE FOR AC
GENEVA FOR CD

E.O. 12958: N/A
TAGS: PARM PREL KCFE OSCE RS XG
SUBJECT: OSCE/FSC OCTOBER 22: MELANGE ELIMINATION AND
MONTREUX DOCUMENT

1. (SBU) Summary: At the 22 October FSC Plenary Georgia
accused Russia of violating the six-point cease fire
agreement by not completely withdrawing its forces out of
Georgian territory. Russia disagreed and countered that
Georgia was increasing its military presence in the "buffer
zone" area. OSCE Secretary General de Brichambaut presented
an update of an OSCE project to help Ukraine eliminate liquid
rocket fuel component ("melange"). The project received wide
support from many delegations. Ambassador Paul Seger of
Switzerland gave an overview of the Montreux Document on
pertinent international legal obligations and good practices
for State related to operations of private military and
security companies during armed conf\|?C#:o|{tates in this effort.

2. (SBU) In the working groups, there was consensus to move
the Estonian cyber security draft decision to next week's
Plenary for adoption. Russia opposed the U.S. proposed edits
and fought with Georgia over the draft Ministerial Council
decision on issues relevant to the FSC. Turkey and Sweden
disagreed over text that refers to women in the latest
version of the draft decision on an update of the
Questionnaire on the Code of Conduct. Washington, please see
paragraphs 13, 14, and 20. End Summary

Same Old Story...Getting Older
- - - - - - - - - - - - - - - -

3. (SBU) Georgia (Giorgadze) kicked off the 561st meeting of
the Forum for Security Cooperation (FSC) by accusing Russia
of violating the six-point cease fire agreement. Giorgadze
said that Russia was occupying villages outside of South
Ossetia "proper" as well as the non-conflict territory of
Abkhazia. As a result, displaced personnel were not able to
return to their homes. He claimed that Russia was guilty of
ethnic cleansing and had recently violated Georgian airspace.
Giorgadze cited recent Russian statements confirming that
there were over 8000 Russia troops on Georgian soil. The
Georgian representative appealed to the OSCE to take urgent
measures to stop Russian actions against his country.

4. (SBU) Russia (Ulyanov) flatly denied Giorgadze's
accusations. Ulyanov said Russia had fulfilled all of its
obligations under the cease fire agreement, some even ahead
of schedule. He revealed that Georgia was increasing its
military presence in the "buffer zone" by building over 20
new checkpoints. The current situation worries Russia.
Ulyanov hoped the EU's mission in Georgia would prevent the
resurgence of hostilities.

Melange Anyone?
- - - - - - - -

5. (SBU) The OSCE Secretary General (de Brichambaut)
presented an update on the OSCE-Ukraine project "Assisting
the Government of Ukraine in Eliminating Melange (Liquid
Rocket Fuel Component) Stocks." The SYG submitted the
project plan to the FSC "for information, and, if appropriate
for endorsement" (in line with procedures outlined in the
OSCE Document on Stockpiles of Conventional Ammunitions).
The details of the project and de Brichambaut's brief can be
found in FSC.GAL/126/08. Some highlights from the Secretary

USOSCE 00000258 002 OF 006


General's presentation included:
-the goal of the project - the largest being organized
under OSCE auspices - is ultimately to eliminate up to 16,300
tons of Melange at 6 locations from 2009-2013; the project
plan presented to the FSC focuses on disposal of an initial
tranche of 3,000 tons.
-the OSCE and Ukraine negotiators have agreed to three
MOUs on the legal framework for implementers, technical Terms
of Reference, and draft tri-partite contract for tenders.
-the project is the most difficult due to the amount of
Melange to be destroyed, liability issues, safety concerns
with transporting Melange for elimination, regulations on
handling hazardous material, OSCE responsibilities for
implementing the project's technical standards, and the need
to establish privileges/immunities for project personnel.
-donors have pledged 3,197,079.11 Euros to the project
which is estimated to be sufficient to dispose of the initial
3,000 tons of Melange.
-Under the OSCE procurement principles, tender of the
project will be announced by 15 December 2008 and work will
began nine months later.

6. (SBU) There was broad support for this OSCE-Ukrainian
project. Demark (Petersen) noted the importance of Melange
destruction to reduce health and environmental risks.
Petersen supported the SYG's plan and announced a donation of
900,000 Euros to the project. Sweden informed the FSC that
it had set aside 1,000,000 Euros and 500,000 Euros for this
effort in 2008 and 2009 respectively. Germany, Spain, the
Czech Republic, Greece, Poland, and Ukraine all voiced their
support of the Secretariat and SYG's work and urged moving
the project forward as quickly as possible. Looking ahead at
the tender process, the Polish representative shared with the
Plenary that a Polish-U.S. consortium had recently completed
an on-site destruction of 215 tons of Melange in Ukraine and
that this consortium's on-site elimination method was safe
and effective. Ukraine's Ambassador Yelchenko indicated that
there was flexibility on the issues of privileges/immunities
for those involved in the project. He asked the Secretariat
for the list of personnel and promised that Ukraine would
take the list into consideration.

7. (SBU) Secretary General de Brichambaut thanked all for
their support. He reminded the FSC that the tender process
will be fair and in the interests of the OSCE as well as the
bidders. De Brichambaut said he will move ahead with the
Melange destruction project.

Montreux Document
- - - - - - - - -

8. (SBU) Under Security Dialogue, Swiss Ambassador Paul
Seger gave a presentation on the Montreux Document on
pertinent international legal obligations and good practices
for States related to operations of Private Military and
Security Companies (PMSCs) during armed conflict
(FSC.DEL/166/08). Seger provided some background behind the
development of the Document. He told the Plenary that the
ambition of the 17 States (10, including the U.S. are OSCE
members) involved in the process was to produce a simple,
easy to understand, specific and operational paper. The goal
was not to condemn or legitimize the contracting and
activities of the PMSCs, but to "face up" to the growing use

USOSCE 00000258 003 OF 006


of PMSCs in conflict situations. Seger noted that the first
part of the Montreux Document recapitulates the existing
rules of relevant international laws such as the Geneva
Conventions while the second part contains a set of good
practices designed to assist States in complying with the
relevant laws through administrative, legislative or other
measures.

9. (SBU) Seger believed the OSCE could play a decisive role
in promoting the Montreux Document by expressing its
political support, by getting OSCE participating States to
utilize the Document and by organizing a workshop to discuss
the content of the Document in greater details. Seger
promised that Switzerland will continue to be involved in the
promotion and dissemination (the Document will be translated
into the six official languages of the United Nations and
will be disseminated to all UN Member States) of this
Document and offered to assist any States wishing to do the
same.

10. (SBU) Austria, the U.K., Germany, and Switzerland
voiced their support for the Montreux Document and Ambassador
Seger's work. Austria and Switzerland offered to work with
other delegations to push the Document in the OSCE. The U.K.
informed the Plenary that London had incorporated some of the
Document's concept into its contractual agreements with
PMSCs. Germany commented that the OSCE Code of Conduct of
Politico-Military Aspects of Security may possibly be linked
to the Montreux Document and that discussion on this may be
helpful.

11. (SBU) The U.S. (Neighbour), drawing from talking points
used by Department's Legal Advisor John B. Bellinger at the
recent Montreux Document meeting, highlighted the U.S.
involvement in the development of the Document and repeated
Washington's support for accountability of PMSC, their
personnel and the application of professional standard to
their operations. Neighbour said that the Document will
provide helpful and practical guidance to States that
contract with private military and security companies, States
on whose soil they operate, and States in which they are
based or incorporated.

12. (SBU) Ambassador Seger welcomed the support and
reminded the FSC of the need to acquaint others with the
Document. Seger said that although he is always looking for
way to improve the Document, the immediate goal is to
implement the current version before making any changes.

Cyber Security
- - - - - - - -

13. (SBU) Turkey and Russia had received guidance from
their capitals to support the Estonian proposal for an OSCE
workshop on enhancing cyber security(FSC.DEL/125/08/Rev.4).
Russia said that although it supported the decision, it will
have comments on some aspects of the agenda. The draft
decision will be moved to the Plenary for adoption at the
next FSC meeting. USDEL believes that the current text
satisfies U.S. criteria and will join consensus unless
otherwise directed.

MC.DD on SALW

USOSCE 00000258 004 OF 006


- - - - - - -

14. (SBU) The current version of the draft Ministerial
Council decision on Small Arms and Light Weapons and
Stockpiles of Conventional Ammunition (MC.DD/7/08/Rev.1)
remains on the working group agenda because Turkey had not
received instructions from capital. Request Washington
provides guidance to USDEL on this draft decision.

MC.DD on FSC Issues
- - - - - - - - - -

15. (SBU) Georgia and Russia argued, using similar
arguments from last week's meeting, over the text in the OP1
tic two of the draft decision. Both delegations rejected the
latest version (MC.DD/6/08/Rev.1). Georgia wanted the draft
text to reflect that there was a conflict between Georgia and
Russia. Russia, which is waiting for guidance from Moscow on
the current version, commented that Georgian proposal was
inaccurate.

16. (SBU) USDEL informed the working group that the U.S.
would prefer the "or" version of OP3. USDEL noted that last
year's tasking for reports was not a precedent, that in
previous year the chair simply reported on the work
accomplished by the FSC, and that the chair's hands should
not be tied and be told what to report a year in advance. If
the "or" version was not acceptable to delegations, USDEL
suggested replacing "submit" with "report," deleting
"progress report" after the word "chairperson," and inserting
"its work, including, as appropriate," after "2009." As with
the last weeks' working group, Russia rejected the U.S.
proposal. Russia (Ulyanov) thought the current version, that
mentioned specific reports, was a step forward and reverting
to the previous format (an "unspecified" report by the chair
intended to address all pertinent FSC activities) was a step
backward. Ulyanov wanted to know what would be the
consequence of the current text in OP3 and what report the
Ministerial Council would received under the U.S. changes.
Ulyanov would rather have the "original" form of OP3.

SALW to Georgia
- - - - - - - -

17. (SBU) Russia opened the discussion with a video/picture
presentation on the dangers of arming Georgia. The film, set
to melancholy music, was about 15 minutes long. It attempted
to indict all of the countries that had provided arms,
equipment, and other assistance to Georgia. Russia (Ulyanov)
announced that Russia's military action to "save" South
Ossetia allowed them to find the evidence in the film. The
key points to the video include:
- arming Georgia has turned the region into a
"powder-box."
- 14 countries are guilty of providing Georgia with
tanks, UAVs, and SALW/CA.
- Georgia had increased its armament prior to the
August conflict (Battle Tanks from 98 to 183, ACVs from 83 to
134, Artillery from 96 to 238, combat aircraft from 7 to 9,
and number of helicopters from 3 to 9).

18. (SBU) Ulyanov said that "it was a pleasure" to show the
film and evidence to the working group. He commented that no

USOSCE 00000258 005 OF 006


delegation had provided any compelling reason to refute the
need for a FSC draft decision on supplies of CA, and light
weapons to Georgia.

19. (SBU) Georgia and the U.K. recalled and reaffirmed
their support to the EU statement made in support of Georgia
at the 15 October meeting. Furthermore, the U.K., referring
to the futility of the proposal, reminded Russia that the no
decision can go forward if there was no consensus. After the
working group, Finland informed USDEL that Russia's proposal
will not be on the agenda for next week's working group.

SALW by Air
- - - - - -

20. (SBU) With the exception of Belarus and the U.S., there
was consensus on sending the draft decision
(FSC.DD/10/08/Rev.1) to the Plenary for adoption. USDEL
believes that the current text satisfies U.S. criteria and
will join consensus in both the working group and the Plenary
unless otherwise directed.

SALW and SCA
- - - - - - -

21. (SBU) Germany, coordinator for SALW, and Denmark,
coordinator for SCA, informed the working group that their
status report for the December Ministerial Council is being
prepared will be promulgated. Although the report is not a
consensus document, inputs from interested delegations are
welcome.

Code of Conduct
- - - - - - - -

22. (SBU) Turkey wanted to delete the 6th paragraph in the
preamble (reference to UNSCR 1325) and item II.4.3 of the
draft Code of Conduct (CoC) questionnaire because it believes
the "gender" issue was not a part of the original CoC and as
a result there is not a mandate to update the questionnaire
with this issue. Sweden, Norway, and Canada opposed the
Turkish deletion suggestions. When questioned by USDEL about
document to support States in replying to the questionnaire
referenced in the OP tic three, the coordinator (Austria,
Eischer) informed all that the plan is to produce the
referenced document before the decision is approved. Citing
the lack of added value, USDEL proposed deleting section I.3
(questions concerning implementation of commitments in arms
control, disarmament, and confidence-and-security building
measures). Turkey agreed and Russia agreed in principle, but
needed guidance from Moscow. USDEL suggested using the
original CoC text in a question format for section II.2.3 to
make the item clearer. The new text would read "what are the
roles and missions of military, paramilitary and security
forces, as well as controls to ensure they act solely within
the constitutional framework?" Eischer promised to continue
to work with delegations to reach a compromised on all the
issues.

Next Meeting
- - - - - - -

23. (U) The next FSC meeting will be a joint FSC-PC meeting

USOSCE 00000258 006 OF 006


on 29 October. The agenda is in FSC-PC.GAL/6/08/Rev.1. The
working groups will meet immediately afterwards.
FINLEY

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