UNSC REFORM: PLENARY DEBATE HIGHLIGHTS

C O N F I D E N T I A L SECTION 01 OF 05 USUN NEW YORK 001032

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: DECL: 11/15/2017
TAGS: PREL UNSC KUNR
SUBJECT: UNSC REFORM: PLENARY DEBATE HIGHLIGHTS
INTRANSIGENCE, FRUSTRATION AMIDST INCREASING PRESSURE FOR
NEGOTIATIONS

REF: STATE 155062

Classified By: Ambassador Alejandro D. Wolff, for reasons 1.4 (b) and (
d).


1. (U) Summary. During the annual UNGA plenary debate on
UNSC reform, held November 12-14, only Germany expressed
continued support for the original G-4 (Germany, Japan,
Brazil, and India) proposal, while India unilaterally
proposed several new elements for expansion and accused the
UNSC of multiple Charter violations. Opponents of the G-4,
including the UFC, reiterated their support for new
non-permanent seats, with the possibility of re-election.
The African Group showed no sign of relinquishing its demands
for two permanent African seats with veto rights. India,
China, France, the UK, and several Uniting for Consensus
(UFC) members voiced support for redressing Africa's
under-representation on the Council. Within the P-5, France
and the U.K. expressed support for the G-4 and increased
African representation, while the U.S., China, and Russia
were more circumspect. Numerous speakers tried to pressure
General Assembly President (PGA) Kerim to determine the
mechanisms and elements of intergovernmental negotiations,
but Kerim promised only to offer "guidance" to member states.
Discussion of the modalities of UNSC reform and expansion
likely will take place within in the framework of the
Open-Ended Working Group (OEWG). Full texts of all speeches
will be posted shortly on the General Assembly's website, at
www.un.org/ga. End Summary.

U.S. Intervention
--------------


2. (U) Ambassador Khalilzad delivered the U.S. statement,
which can be found on USUN's website. Amb. Khalilzad noted
that although the U.S. continues to support Japan's candidacy
for permanent membership and believes other countries should
be considered as well, the U.S. has not made any decisions
about which other countries might qualify, nor does the U.S.
have a specific proposal for expansion. Furthermore,
although the U.S. is open to considering various proposals
for modest expansion of the Security Council, such expansion
must be part of a "meaningful package of reforms in other
priority areas."

G-4 Adrift as India Charges Ahead
--------------


3. (SBU) G-4 members (India, Japan, Germany, and Brazil) did
not coordinate their interventions, nor did they express
strong support for their proposal. The German PermRep was
the sole G-4 member to voice support for the G-4 proposal,
but he qualified his support by acknowledging that a vote
might be necessary for the proposal's adoption. Japan,
Brazil, and India merely called for expansion in both
permanent and non-permanent categories.


4. (U) Germany and India, along with numerous other Member
States, stressed that expansion in both categories of
membership should be accompanied by a review mechanism for
the new permanent members. Germany expressed a willingness
to consider an intermediary approach, as outlined in the
co-facilitators' reports from the 61st session. India took
the idea of a review mechanism a step further, claiming that
"repeated" reviews and the option of a recall would be
necessary to hold the new permanent members accountable to
the general membership.


5. (U) Indian PermRep Sen underlined the G-4's lack of
cohesion by departing from the positions of other G-4 members
on numerous issues. Speaking extemporaneously, Ambassador
Sen quoted extensively from Ambassador Bolton's memoir,
claiming that Bolton's criticism of the UNSC proves the need
for GA oversight and Council reform. Sen asserted that the
UNSC does not have the legal authority to grant international
tribunals power, and the thematic debates held by the Council
exemplify its encroachment on the GA. Furthermore, the UNSC
"demands obedience" under Article 25 (all States agree to
carry out the "decisions" of the UNSC),while disregarding

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Article 44 (TCCs should take part in Council decisions
related to the use of their troops). He also charged the
Council with "violating" Articles 31 and 32 (a Member State
that is a party to a dispute being handled by the UNSC "shall
participate" in the debate on that issue). According to Sen,
the inability of the elected UNSC members to rectify these
problems necessitates an increase in permanent members, who
would be held accountable to the GA through a review process.



6. (C) The Japanese were disturbed by Sen's charge that
non-permanent UNSC members have been unable to improve UNSC
working methods, as Japan was very active during its
chairmanship of the UNSC working group on documentation and
other procedural matters. The Brazilians, and very likely the
Germans and Japanese, were also caught off-guard by Sen's
proposal for a permanent seat for Africa and the inclusion of
the recall option. In addition, Sen castigated Egypt and
Pakistan, without naming either country, for their "morally
suspect" obstruction of UNSC reform. Italy responded
directly to Sen's intervention, questioning his claim that
new permanent members would be able to "contain" the P-5.
Privately, the Indian expert informed USUN that Sen had
rewritten the talking points from New Delhi.

UFC Treads Old Ground, Courts Africa
--------------


7. (U) Members of the UFC, including Italy, Indonesia,
Mexico, Colombia, Republic of Korea, Spain, and Pakistan,
reaffirmed the well-known UFC position, calling for
additional non-permanent seats with the possibility of
re-election. Many UFC members also supported the idea of a
review mechanism, as described in the intermediary approach
outlined by the co-facilitators during the 61st session.
Aside from these mainstays of the UFC movement, virtually no
other Member State opposed the addition of permanent seats.


8. (SBU) The Italian and Pakistani PermReps, in an attempt
to garner African support for the UFC, argued that the UFC
preference for additional non-permanent seats was not
inconsistent with the African demand for two permanent and
two non-permanent seats for Africa. According to the
Pakistani PermRep's interpretation, the African reform model
calls for two permanent UNSC seats with veto rights for
Africa, which would either be allocated permanently to two
African Member States or would rotate among the African
States, at the discretion of the African Group. Ambassador
Spatafora of Italy reaffirmed this interpretation, adding
that this model should be used by all regional groups. None
of the African Member States responded to this
interpretation.

Africa Willing to Be Courted But Stands Firm
--------------


9. (SBU) Angola, speaking on behalf of the African Group,
reaffirmed the Ezulwini Consensus, which calls for two
permanent seats and two non-permanent seats for Africa. The
fourteen other African Member States participating in the
debate aligned themselves with Angola. Only Mauritius
positively - and very briefly - referenced the Indian draft
resolution L.69, which was circulated in advance of the
adoption of the OEWG's report in September 2007 as a bid to
insert stronger language in the PGA's report on
intergovernmental negotiations.


10. (SBU) Egypt underscored the need to remain united when
confronted with unilateral submission of draft resolutions by
attacking India's "odious attempts...to circumvent the
demands stipulated by the Ezulwini Consensus." Egypt
condemned draft resolution L.69, as well as another draft
resolution, which recently was circulated by India in an
effort to pressure the PGA to initiate intergovernmental
negotiations. Egypt, perhaps concerned that the G-4 or India
would gain the upper hand in intergovernmental negotiations,
highlighted the need to continue with consultations within
the framework of the OEWG.


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P-5 Retains Earlier Positions
--------------


11. (U) Members of the P-5 made no significant changes to the
positions they outlined during the UN General Debate in
September 2007. China repeated its support of increased
representation for Africa and made general remarks concerning
the need for broad consensus and further consultations.
Russia affirmed its readiness to consider any option,
including the intermediary approach, if it garners the
necessary support. Both Russia and China countered demands
for reform of the Council's working methods by claiming that
reform would be achieved through full implementation of the
decisions made by the Council's working group on
documentation.


12. (U) France and the UK were virtually united in their
positions, supporting permanent membership for the G-4, as
well as increased representation for Africa; the UK said
explicitly that Africa should be granted permanent
representation. Both countries affirmed their openness to an
intermediary approach, if it could break the current
deadlock. They also called upon the PGA to create a detailed
proposal for initiating negotiations.

Criticism of the Security Council
by Its Newly-Elected Members
--------------


13. (U) Four of the Member States recently elected to serve
on the UNSC for the 2008-2009 term - Czech Republic, Libya,
Vietnam, and Costa Rica - voiced strong opinions on the
structure and working methods of the Council. Burkina Faso
was also elected but did not participate in the debate.


14. (U) Libya was extremely critical of the Council and
stressed the need to examine the "privilege" of veto power
and prevent the UNSC's "encroachment on other organs." The
Libyan PermRep also condemned the Council's failure to abide
by GA resolutions and the P-5's "misuse" of the veto right
"at the expense of just causes and rights of oppressed
peoples."


15. (U) Vietnam, Costa Rica, and the Czech Republic were
less vociferous in their criticism, although Vietnam urged
the P-5 to limit their use of the veto. Vietnam praised the
attempts by Council members to "enhance transparency and
accountability of the Council's work and their efforts to
provide greater opportunities for all the State Members to
understand better the work of the Council." Vietnam also
urged Council Members, vice the general membership, to
improve the Council's working procedures, while Costa Rica
reaffirmed its commitment to the S-5 proposal to improve UNSC
working methods. Costa Rica vowed to speak on behalf of
those member states not represented on the Council and
promised to never forget that "while we are only temporarily
a non-permanent UNSC member, we are a permanent member of the
GA." The Czech Republic merely stressed the need to improve
the Council's working methods and ensure active involvement
by all Member States in the work of the Council.

The Way Forward: Roles for the PGA,
the OEWG, and Working Methods Reform
--------------


17. (U) The vast majority of speakers called upon the PGA to
guide the process of negotiations and determine the way
forward. Although most of these appeals were perfunctory,
several delegations, including France, the UK, all G-4
members and most UFC members, requested that the PGA
determine the modalities and format of negotiations; India
even suggested that the PGA draw up the specific elements of
a reform package for negotiation. On the other hand, both
Spain and Egypt underlined the need for a Member State-driven
process, with a limited role for the PGA.


18. (SBU) The G-4 and the UFC were more polarized on the
usefulness of the OEWG. Brazil and Germany claimed that the
OEWG had reached the limits of its usefulness, and a new

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forum for negotiations must be established. Japan suggested
that the PGA should develop "an appropriate forum" for future
negotiations. China, all UFC members, and most African Group
members were unanimous in their support of the work of the
OEWG and stressed that all future negotiations must take
place within this framework.


19. (U) India, Germany, Japan, and numerous UFC members
underlined the need to reform the Council's working methods,
perhaps in a bid to bolster support from smaller member
states in the run-up to intergovernmental negotiations. With
the exception of Jordan, all S-5 co-sponsors (Costa Rica,
Liechtenstein, Switzerland, and Singapore),reaffirmed their
commitment to achieving reform of working methods, as
outlined in their draft resolution. Canada made the
strongest argument for a renewed commitment to working
methods reform. The Canadian PR called on the S-5
co-sponsors to hold consultations on their draft resolution
and told Member States that progress on working methods
should not be thwarted by an inability to agree on UNSC
enlargement. China and Russia countered these calls for
working methods reform by praising the work of the SC working
group on documentation.

PGA Intervention
--------------


20. (U) The President of the General Assembly spoke last,
commenting on the speeches heard during the debate. After
noting that numerous delegations had criticized the lack of
substantive and analytical content in the annual Report of
the Security Council, Kerim affirmed the need to reform the
Security Council and revitalize the General Assembly.
According to Kerim, the "pillars for negotiation" of Security
Council reform are sevenfold:

1. UNSC reform must go hand-in-hand with reform of the
greater UN system.

2. Guidance by the PGA must be accompanied by the mutual
respect and cooperation of Member States.

3. Ideas for the elements of negotiations must be
determined through a transparent process.

4. Negotiations on the modalities for reform must be
carried out within the OEWG.

5. Negotiations on the way forward should include
discussion on the composition of UNSC membership and reform
of its working methods.

6. UNSC reform must take into account the concerns of all
sides, especially those groups who are under-represented on
the Council.

7. Member States must refrain from unilateral initiatives
that threaten to undermine progress.
These concluding remarks echoed the sentiment expressed in
his opening speech, that Member States "should have primary
ownership and responsibility" over the process of "developing
a framework, in order to begin intergovernmental
negotiations, by identifying and reaching agreement on the
various negotiable elements." Kerim ended the debate by
promising to share his outline of the follow-up process with
Member States soon.

Comment
--------------


21. (U) Three main themes emerged from this year's UNGA
debate on Security Council reform: an obvious decline in G-4
solidarity, competition between G-4 and UFC members for
African and small island support, and widespread calls for
greater involvement by the PGA in the upcoming
inter-governmental negotiations on UNSC reform. Indian PR
Sen's extemporaneous intervention also made news, as he was
willing to directly attack the Council he wishes to join as
well as blindside his G-4 colleagues by supporting a
permanent seat for Africa in an attempt to court African
support for Council expansion. The Africans, however, failed
to take the bait from either the UFC or G-4, and largely
stood firm on their insistence on two permanent seats for
Africa as well as two additional non-permanent seats.
Although Kerim was at least able to chart a preliminary way
ahead for the upcoming negotiations - including a helpful

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focus on reform of the entire UN system, not just the
Security Council - it is clear that his diplomacy will be
severely tested in the months ahead.
Khalilzad