ROK SUPPORTIVE OF UN REFORM

C O N F I D E N T I A L SEOUL 000183

SIPDIS

SIPDIS

E.O. 12958: DECL: 08/18/2015
TAGS: PREL KUNR PHUM UN KS ADCO
SUBJECT: ROK SUPPORTIVE OF UN REFORM

REF: A. STATE 04746


B. STATE 04745

C. SEOUL 00166

Classified By: A/POL Sung Y. Kim. Reasons 1.4 (b),(d).


1. (C) On January 13, poloff delivered ref A and B demarches
requesting support for USG UN reform objectives to Oh
Young-ju, Deputy Director of the UN Division at the Ministry
of Foreign Affairs and Trade, and Jang Hyun-cheol, Deputy
Director of the Human Rights and Social Affairs Division. Oh
said Seoul essentially shared the same position as Washington
on UN management reform and the creation of a Human Rights
Council. She expected some resistance from developing
countries on the mandate review proposal, but it was more
important to use funds efficiently and effectively. On the
Human Rights Council, Jang said Seoul agreed the Council
should be smaller than the Human Rights Commission, but said
South Korea did not want it too small because Seoul would
seek election to the Council. Oh and Jang emphasized that
human rights, along with security and development issues, was
a key pillar supporting the UN mission. They provided a ROK
position paper on the establishment of the Human Rights
Council. Text of the nonpaper is contained in paragraph
three below.


2. (C) Deputy Directors Oh and Jang said they were aware
that Foreign Minister Ban Ki-moon had discussed UN management
reform and the Human Rights Council with the Ambassador the
previous day (reftel c) and that the Foreign Minister was
looking forward to meeting with Ambassador Bolton in New York.


3. (U) The ROK's position on the Establishment of Human
Rights Council (HRC)

In order to strengthen the UN's role in the protection and
promotion of human rights and fundamental freedoms, and in
particular improve the functions of the existing Commission
on Human Rights (CHR),we believe that a new HRC must be
created to overcome the long-standing doubts over the CHR's
selectivity and inefficiency which in fact prompted the very
need for the HRC in the first place.

-- Such efforts should include: enhancing the status of the
HRC, making it a standing body, and establishing a new
periodic review system.

We share the view that agreement should be reached as soon as
possible and that the HRC should be established prior to the
session of the CHR.

Our positions on key detailed considerations are primarily as
follows:

Status
-- It would be a subsidiary organ of the General Assembly
(GA) with a review undertaken on upgrading its status to that
of a principal organ of the UN within a number of years.
In reality, to make the HRC the status of a principal
organ is a difficult task, especially since it would require
an amendment to the Charter. We therefore believe that the
Council should be established as a subsidiary organ of the GA
on a temporary basis.

-- Developing into a standing body would entail regular
sessions and special sessions convened by multi-triggers
(Secretary General, High Commissioner for Human Rights, HRC
President or members of HRC).

Mandate and Functions
-- Enhancing the HRC's efficiency and performance in such
ways as: strengthening and promoting human rights protection
through a "periodic review;" retaining the authority to take
immediate steps when a case of the violation of human rights
arises; reserving the right to make recommendations to the
GA, the Security Council and ECOSOC; and maintaining a
somewhat higher standing in relation to other human rights
organizations, etc.

Size, Composition and Membership
-- Smaller than the existing Commission on Human Rights (53
member states).
-- The principle of equitable geographical distribution
maintained: an increase in the ratio of Asian countries in
comparison to the existing Commission.
-- Membership of the HRC: in principle, all member states
would be qualified to "serve in the HRC"; appropriate
contribution to the promotion and protection of human rights
(such as taking initiatives to improve the human rights
situation in one's own country) would be a precondition.
-- Election of the Members of HRC: Members shall be elected
directly by the GA by a two-thirds majority without any
possibility of intervention by a Regional Group.
-- Terms of Membership/Reelection: A reelectable term of
three years.
-- Fist members of the HRC shall be elected newly regardless
of existing members of the Commission on Human Rights.

Rules of Procedure and Working Methods
-- Rules of Procedure: the HRC would adopt its own rules of
procedure, although it can apply the rules of procedure of
the subsidiary organs of the GA when necessary; participation
of NGOs would be allowed.
-- Working Methods: the HRC would adopt its own Working
Methods.

Transitional Arrangements
-- The timing for the election and first meeting will be
determined during the forthcoming negotiation session.
VERSHBOW