ACTION REQUEST: DRAFT SECURITY COUNCIL RESOLUTION

UNCLAS SECTION 01 OF 02 USUN NEW YORK 000102

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV UNSC RS GG
SUBJECT: ACTION REQUEST: DRAFT SECURITY COUNCIL RESOLUTION

REF: STATE 6467


1. (SBU) SUMMARY AND ACTION REQUEST. Per Reftel
instructions, Ambassador Rice along with Ambassadors of
Croatia, France, Germany, and Russia ("Group of Friends")
have achieved "ad referendum" agreement on the text of a
Security Council resolution that would extend the mandate of
the UN mission for four months, but includes additional
elements suggested by France. During consultations of the
whole on February 9, Ambassador Rice along with French and
U.K. Ambassadors successfully warded off an attempt by the
Russian federation to change the name of the agenda item for
consultations on Tuesday February 10 from "Situation in
Georgia" to "UNSCR 1839". ACTION REQUEST: USUN requests
Department approval by 11:00 on Tuesday February 10 on the
resolution text contained in paragraph 5, as the Group of
Friends wish to circulate it informally to the full Council.
END SUMMARY AND ACTION REQUEST.


2. (SBU) Ambassadors Rice and DiCarlo reached "ad referendum"
agreement with Ambassadors of the Group of Friends on
February 9 on the text of a Security Council resolution that
would roll over the current UNOMIG mandate for four months,
with a June 15 expiration date. Per reftel instructions, the
draft resolution refers to Resolution 1808, which by
reference reaffirms the commitment of member state to the
sovereignty and territorial integrity of Georgia. The
resolution calls for provision 2(a) of the former Moscow
Agreement to be respected, pending agreement on a revised
security regime and calls for the intensification of efforts
to address security and stability issues and the return of
IDPs through the Geneva discussions. The resolution expresses
the intention of the Security Council to outline elements of
a future presence by the mandate's June 15 expiration, taking
into account the Secretary-General's recommendations, the
Geneva discussions, and the situation on the ground.


3. (SBU) In Security Council Consultations on February 9,
Ambassador Rice, along with U.K. and French Ambassadors,
deflected an attempt by the Russian Federation to have the
agenda item for consultations on Tuesday February 10 changed,
from the "Situation in Georgia" to UNSCR 1839. Japanese
PermRep Takasu had raised the issue at the request of the
Russian Federation. Ambassador Rice pointed out that a
decision of the Council (i.e., 9 votes for a procedural
decision) would be necessary to change the agenda item, that
the U.S. would be opposed, and that we believed a decision by
the Council to change the name of the agenda item would give
an unintended signal on the Council's commitment to Georgia's
sovereignty and territorial integrity. Russian Ambassador
Vitaly Churkin did not pursue the issue, and it was dropped.
Tuesday's agenda has subsequently been published, and reads,
"The Situation in Georgia."


4. (SBU) ACTION REQUEST: USUN requests Department
concurrence by 11:00 A.M. on Tuesday February 10 to
informally circulate to the full Council the draft text in
paragraph 5.


5. (SBU) BEGIN TEXT:

Draft Resolution, 9 February 2009

The Security Council,

PP1 Recalling its previous resolutions, including
resolutions 1808 (2008) of 15 April 2008 and 1839 (2008 of
9 October 2008,

PP2 Considering the report of the Secretary-General of 4
February 2009 (S/2009/69),

PP3 Welcoming the six-point agreement of 12 August 2008,
and subsequent implementing measures of 8 September 2008,

PP4 Taking note of the Geneva discussions commenced on 15
October 2008 and encouraging the participants to reach
practical results,

PP5 Underlining the importance of the peaceful resolution
of disputes,


1. Recalls the arrangements entered into under the
agreements of 12 August 2008 and of 8 September 2008;


2. Calls for the provisions that were set out in
paragraph 2 (a) of the Agreement on a Cease-fire and
Separation of Forces signed in Moscow on 14 May 1994
(S/1994/583) to be respected, pending consultations and
agreement on a revised security regime, taking note of the
recommendations on the security regime contained in the

USUN NEW Y 00000102 002 OF 002


report of the Secretary-General of 4 February 2009;


3. Underlines the need to refrain from any act of ethnic
discrimination against persons, groups of persons or
institutions, and to ensure, without distinction, the
security of persons, the right of persons to freedom of
movement and the protection of the property of refugees and
displaced persons;


4. Calls for facilitating, and refraining from placing
any impediment to, humanitarian assistance to persons
affected by the conflict, including refugees and internally
displaced persons, and further calls for facilitating their
voluntary, safe, dignified and unhindered return;


5. Calls for the intensification of efforts to address
the issue of regional security and stability, and the issue
of refugees and internally displaced persons, through the
discussions currently underway in Geneva, and requests the
Secretary General, through his Special Representative, to
continue to fully support this process, and to report on
progress thereon;


6. Calls upon the Secretary-General to actively
coordinate through his Special Representative the United
Nations mission's activities with other international
presences established in the area of deployment, in
particular with the European Union Monitoring Mission;


7. Requests the Secretary General to report to the
Council on the implementation of this resolution, and on
the situation on the ground and the activities of the
United Nations mission, including recommendations on future
activities by 15 May 2009;


8. Expresses its intention to outline the elements of a
future UN presence in the region by 15 June 2009, taking
into account the recommendations to be contained in the
report of the Secretary General referred to in paragraph 7,
the Geneva discussions, and developments on the ground;


9. Decides to extend the mandate of the United Nations
mission for a new period terminating on 15 June 2009;


10. Decides to remain actively seized of the matter.

END TEXT.
Rice