COLOMBO PLAN: ACTION REQUEST FOR AMENDMENT

C O N F I D E N T I A L COLOMBO 001303

SIPDIS

DEPARTMENT FOR SA, SA/INS, IO, IO/T, INL/C/CJ

E.O. 12958: DECL: 08/06/2014
TAGS: PREL SNAR AORC IR CE
SUBJECT: COLOMBO PLAN: ACTION REQUEST FOR AMENDMENT
PROPOSALS

REF: A. STATE 167626 (NOTAL)


B. COLOMBO 1268 AND PREVIOUS

Classified By: Ambassador Jeffrey J. Lunstead. Reasons 1.5(b,d).


1. (U) This is an Action Request -- please see Para Six.


2. (C) NO CONSENSUS IN TEHRAN: At the August 4 Colombo Plan
Council meeting, the Ambassador stated that the United States
did not consider the amendment on arrears to be in effect
since there was no consensus on the issue. (Note: This was
the first Council meeting since the 39th Consultative
Committee Meeting "CCM" in Tehran in mid-June -- which the
U.S. did not attend -- when the proposed constitutional
amendment on arrears was "adopted.") Elaborating, the
Ambassador said that the USG position of being unable support
the proposed amendment had been formally stated before the
Council in November 2003. Therefore, there was not consensus
on the issue, as required by the Colombo Plan constitution,
and the action of member countries in Tehran to adopt the
amendment was not valid. (NB, the Constitution is actually
somewhat vague, since it says that members "shall endeavor to
reach agreement by consensus.")


3. (C) AGREEMENT TO CONVENE WORKING GROUP: In response to
U.S. comments, the Colombo Plan Secretary General proposed
that a working group be convened to develop an amendment that
would receive support from all countries. Representatives
from both Pakistan and Nepal supported the U.S. contention
that consensus had not been reached and agreed with the
Secretary General's proposal for a working group.

SIPDIS


4. (C) The Ambassador underscored that the U.S. supported
the need for the Secretariat to be able to collect the annual
dues (14,500 USD per country) in a timely manner. Further,
the United States had ideas for a constitutional amendment
that would not deny training opportunities and would present
them in the working group. The Colombo Plan President asked
the Secretary General to develop the terms of reference for
the working group and asked the group to present proposals
for an alternative amendment by the next Council meeting,
scheduled for November 17, 2004.


5. (C) COROLLARY: In May 2004, Cambodia informed the
Colombo Plan that it was withdrawing its membership from the
organization. The Secretary General asked the newly created
working group to also present ideas on how to address the
issue that, at present, Cambodia owes the Colombo Plan
$276,632 in arrears for non-payment from 1977 to present.


6. (C) ACTION REQUEST: Mission requests that the Department
develop alternative amendments that impose penalties on
member countries in arrears without restricting access to
training opportunities. Mission notes that a
Department-proposed amendment (Ref A) which penalizes member
states by removing their right to vote may not have any
impact since there are no voting procedures under the Colombo
Plan constitution which, as noted above, requires members to
seek agreement by consensus. Hence, there is no right to be
removed. Instead, we suggest two possible penalty options:
that a country not be allowed to block consensus or that a
country be restricted to observer status without a voice in
Council meetings. Given the U.S. stand on consensus, we
believe that these two options may have greater potential in
gaining support over an amendment that exclusively addresses
votes. END ACTION REQUEST.


7. (U) Minimize Considered.

LUNSTEAD