REFORMING THE UN HUMAN RIGHTS COMMISSION (CHR):

UNCLAS SECTION 01 OF 02 LIMA 002748

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PHUM PREL KUNR PE UNCHR
SUBJECT: REFORMING THE UN HUMAN RIGHTS COMMISSION (CHR):
PERUVIAN VIEWS

REF: STATE 114051


1. (SBU) On 6/17, A/Polcouns delivered reftel points on CHR
reform to Foreign Ministry Director of Human Rights Carlos
Roman, stressing that we were aware of Peru's proposal for
the creation of a body of a body of Independent Experts, and
requesting a comprehensive review of the U.S. non-paper, in
order to further our shared interest in making the Commission
more viable and effective.


2. (SBU) In a follow-up conversation on 6/20, Roman said that
he had reviewed the U.S. document, and that it was consistent
to some degree with Peru's thoughts on the matter, which have
evolved considerably in the last few weeks. He said he had
just completed a summary of Peru's views that was in the
process of being distributed to Peruvian missions overseas,
including Peru's UN Representative in New York. Roman said
he saw great promise for the work being carried out by the
Swiss Government and the "Lausanne Group," and that he would
continue to work with us and other delegations to achieve a
consensus for needed changes in the CHR.


3. (SBU) Embassy's informal translation of the Peruvian paper
follows:

(Begin text)

Aide Memoire

Peru's Proposal on Human Rights Commission Reform

The Peruvian proposal on CHR reform has two essential
components: the creation of a Council with a mandate for
country situations, and the creation of an Oversight
Commission (Comision de Tutela) made up of independent
experts which would be in charge of oversight issues,
especially those relating to communications systems, early
warning, adoption of preventive measures, and to flagrant,
massive and systematic violations. Within this concept, the
Subcommission for Promotion and Protection of Human Rights
and the 1503 Procedure would disappear.

The central elements of the proposal are:

a) Peru agrees with the idea of reforming the current CHR,
converting it into a Human Rights Council. Within this
framework, Peru confirms its adherence to the "Lausanne
Group" organized by the Swiss Government.

b) Peru promotes a reform that conciliates the Peruvian and
Swiss initiatives, both of which are consistent with the UN
SecGen's broad proposal.

This mixed formula includes the creation of the Human Rights
Council as an independent organ of the General Assembly, with
an intergovernmental structure, and at the same time, the
creation of an Oversight Commission for human rights made up
exclusively of independent experts, and elected based on
criteria of balanced geographic representation.

c) The intergovernmental grouping would have periodic
meetings and would be responsible for making findings on
serious situations and systematic violations of human rights.

d) The independent experts grouping would meet continuously
throughout the year and be responsible for oversight
procedures, especially those having to do with communications
systems, early warning, adoption of preventive measures, and
with flagrant, massive and systematic violations of human
rights.

e) The Council members would be elected by the General
Assembly, by a two-thirds majority, as proposed by SecGen
Kofi Annan.

The Council would have a mandate to evaluate human rights
situations at a country level as well as in thematic areas
and would approve its decisions through resolutions. Its
functional norms should include ones that would permit the
election of government representatives demonstrably trained
and specialized in the protection of human rights, in order
to avoid a composition of just government delegates without
experience in human rights.

The mission of the Oversight Commission would be to protect
against specific violations through the communications
system, and to absorb mandates contemplated under the 1503
Procedure and the Human Rights Subcommission, plus it would
have new functions like early warning and putting in place of
preventive measures in flagrant and urgent cases. The
members of the Oversight Committee would be elected by the
Council, by a two-thirds majority.
June 20, 2005

(End text)

STRUBLE