Don't say you weren't warned!

The Obama Administration Sacrifices Israel (forbes.com)
Anne Bayefsky

The cover-up on Durban II's anti-Semitic agenda.

The Obama administration's decision to join the planning of the U.N.'s Durban II "anti-racism" conference has just taken a new twist: cover-up. On Friday, State Department officials and a member of the American Durban II delegation claimed the United States had worked actively to oppose efforts to brand Israel as racist in the committee drafting a Durban II declaration. The trouble is that they didn't.

The Feb. 20 State Department press release says the U.S. delegation in Geneva "outline[d] our concerns with the current outcome document" and in particular "our strong reservations about the direction of the conference, as the draft document singles out Israel for criticism." One member of the delegation told The Washington Post: "The administration is pushing back against efforts to brand Israel as racist in this conference." In fact, tucked away in a Geneva hall with few observers, the U.S. had done just the opposite. The U.S. delegates had made no objection to a new proposal to nail Israel in an anti-racism manifesto that makes no other country-specific claims.

Getting involved in activities intended to implement the 2001 Durban Declaration--after seven and a half years of refusing to lend the anti-Israel agenda any credibility--was controversial to be sure. But late on Saturday Feb. 14, the State Department slithered out a press release justifying the move. It claimed that "the intent of our participation is to work to try to change the direction in which the Review Conference is heading."

Following what was clearly a planned public relations exercise, Washington Post columnist Colum Lynch championed the U.S. bravado in an article based on the story orchestrated by the American delegates. In his Feb. 20 article entitled: "U.S. Holds Firm on Reparations, Israel in U.N. Racism Talks," he fawned: "The Obama administration on Thursday concluded its first round of politically charged U.N. negotiations on racism, pressing foreign governments ... to desist from singling out Israel for criticism in a draft declaration to be presented at a U.N. conference in April."

The reality, however, was nothing of the sort. Instead, Obama's Durban II team slipped easily into the U.N.'s anti-Israel and anti-Jewish environs, taking the approach that "fitting in" was best accomplished by staying silent.

On Tuesday, the Palestinian delegation proposed inserting a new paragraph under the heading "Identification of further concrete measures and initiatives ... for combating and eliminating all manifestations of racism, racial discrimination, xenophobia and related intolerance..." with the subtitle "General provisions on victims ... of discrimination." The paragraph includes: "Calls for ... the international protection of the Palestinian people throughout the occupied Palestinian territory." In other words, it claims that the Palestinian people are victims of Israeli racism and demands that all U.N. states provide protection from the affronts of the racist Jewish state.

Furthermore, the new Palestinian provision "Calls for ... implementation of international legal obligations, including the advisory opinion of the International Court of Justice on the wall..." This is a dramatic attempt to change an "advisory opinion" into a "legal obligation"--a status which attaches to no advisory opinion. The ICJ decision, which advises that the Israeli security fence is illegal, has always been rejected by the United States--hitherto. And with good reason. The Egyptian judge had voiced his opinion on the result before the case was even heard, in his capacity as a leading Egyptian diplomat. The terms of reference from the General Assembly who asked for the decision, and the documents they laid before the Court, predetermined the outcome. And as the strong dissent by the American judge and Holocaust survivor Tom Buergenthal pointed out, the Court came to its preposterous conclusion that "the right of legitimate or inherent self-defense is not applicable in the present case" without considering "the deadly terrorist attacks to which Israel is being subjected."

But when the Palestinian delegation laid their new proposal before the drafting committee, what did Obama's team do? Nothing, absolutely nothing. They made no objection at all.

It is impossible to argue that their silence was unintended. Over the course of the week's negotiations the American delegation had objected to a number of specific proposals. They had no trouble declaring "we share reservations on this paragraph," in the context of a demand to criminalize profiling. They "called for the deletion" of provisions undermining free speech like the suggestion to "take firm action against negative stereotyping of religions and defamation of religious personalities, holy books, scriptures and symbols."

Their silence when it came to Israel was, therefore, deafening. It also had the very concrete result of not placing the Palestinian paragraph in dispute, and the diplomatic rule of thumb is that paragraphs that have not been flagged as controversial cannot be reopened for discussion, as negotiations finalize an end product.

The Obama team was not only silent on the new "Israel is racist" language, it also said nothing when faced with Holocaust denial. Negotiators from the European Union suggested on Wednesday a new provision to "condemn without reservation any denial of the Holocaust and urges all states to reject denial of the Holocaust as an historical event, either in full, or in part, or any activities to this end." Iran--whose president is a Holocaust-denier--immediately objected and insisted that the proposal be "bracketed" or put in dispute. The move blocked the adoption of the proposal and ensured another battle over the reality of the Holocaust in April--at these supposedly "anti-racism" meetings. After Iran objected, the chair looked around the room, expecting a response. He said: "Is there any delegation wishing to comment on this new proposal by the European Union? It doesn't seem the case. We move on." U.S. delegates said nothing, even after the prompt.

Again, the American silence must have been deliberate. In marked contrast, after the E.U. objected to a provision calling for limits on free speech, the American delegation had no trouble piping up immediately: "I want to echo the comments from the E.U. This ... call for restrictions is something that my government is not able to accept."

Evidently, a U.S. team bent on legitimizing Durban II believed it would be counter-productive to object vigorously to sections most likely to be noticed by Americans skeptical about participation in the conference. They must have figured that no objection would mean no controversy, which in turn would mean there would be no cause for complaint from U.S. observers. That's one way to buy favors on the international stage, but it sure doesn't forward a stated intention of changing the Conference direction. Nor does it promote the ultimate need to change the anti-Semitic and anti-democratic direction of global human rights policy.

The week's events also revealed that European negotiators have adopted the same strategy at Durban II that they did at Durban I. After the United States and Israel walked out of Durban I on Sept. 4, 2001, it was the European Union that cut the deal trading off a mention of the Holocaust and anti-Semitism for a reference to Palestinians victims of Israeli racism. Likewise, this week the European Union said nothing in response to the Palestinian proposal but pushed the Holocaust reference instead. No matter that discrimination against the Jewish state, and against Jews for supporting the Jewish state, is the major form of anti-Semitism today.

The manipulation of Holocaust remembrance--knowing that Israel is the bulwark of the Jewish people against "never again"--is as cynical as it gets.

European Union delegates confirmed that their silence on the Palestinian proposal was deliberate, commenting off-camera that the references to Israeli racism had already been made in the Durban I Declaration, and the purpose of Durban II is to implement Durban I.

State department officials and U.S. delegates to Durban II's planning committee insist that their minds have not been made up. Friday's State department press release said "the United States has not made a decision about participating in the Durban Review Conference or about whether to engage in future preparations for the Conference, but the work done this week will be important information for taking these decisions." Similarly, The Washington Post reports, quoting an American delegate: "This is a fact-finding mission; it's just a first step ... Negotiations will probably resume in March or early April."

The strategy is painfully obvious--spin out the time for considering whether or not to attend the April 20 conference until the train has left the station and jumping off would cause greater injury to multilateral relations than just taking a seat.

The delay tactics are indefensible. The U.S. administration attended four full days of negotiation. During that time they witnessed the following: the failure to adopt a proposal to act against Holocaust denial, a new proposal to single out Israel, which will now be included in the draft without brackets, broad objections to anything having to do with sexual orientation, vigorous refusal by many states to back down on references to "Islamophobia" (the general allegation of a racist Western plot to discriminate against all Muslims), and numerous attacks on free speech.

This "dialogue" is not promoting rights and freedoms. It is legitimizing a forum for disputing the essence of democracy, handing Holocaust deniers a global platform and manufacturing the means to demonize Israel in the interests of those states bent on the Jewish state's destruction.

But you can be sure that the State Department report now on Obama's desk reads "can't tell yet, don't know, maybe, too early to tell." Why?

If the Obama administration does not immediately announce that its foray into the morass of Durban II has led it to decide this is no place for genuine believers in human rights and freedoms, there is only one conclusion possible. His foreign policy of engagement amounts to a new willingness to sacrifice Israel and an indeterminate number of American values for the sake of a warm welcome from the enemies of freedom.

Anne Bayefsky is a senior fellow of the Hudson Institute, director of the Touro Institute on Human Rights and the Holocaust and editor of www.EYEontheUN.org.