UNMIN BRIEFING TO THE SECURITY COUNCIL

C O N F I D E N T I A L USUN NEW YORK 001032

SIPDIS

E.O. 12958: DECL: 11/09/2019
TAGS: PREL PGOV PHUM NP
SUBJECT: UNMIN BRIEFING TO THE SECURITY COUNCIL

Classified By: Ambassador Susan Rice for reasons 1.4 (b) and (d)

1.(C) Summary: The Representative of the Secretary-General
to Nepal and head of UNMIN, Karin Lundgren, briefed the
Security Council on the activities of UNMIN as well as the
latest developments in Nepal on November 6. Her briefing
centered mainly on the breakdown of trust among political
parties, the continued need for progress to discharge
disqualified Maoist ARMY personnel, and the importance of
cooperation between parties to the overall peace process.
The Permanent Representative of Nepal also addressed the
Security Council, focusing on the progress made toward a new
constitution, the reintegration and rehabilitation of Maoist
combatants, and the November 5 meeting among Nepali
government factions. During closed consultations, Lundgren
"amplified concerns" regarding the rising tensions between
political parties, stating it was "difficult to be optimistic
at this time." All members made interventions expressing
regret at the lack of political progress on the constitution
and the integration and discharge of Maoist ARMY personnel.
There is significant disagreement among Council members about
whether the UNMIN mandate, which expires in January, should
be extended. End summary.


2. (SBU) On November 6, the Representative of the
Secretary-General to Nepal and head of UNMIN, Karin Lundgren,
briefed the Security Council on the activities of UNMIN as
well as the latest developments in Nepal. Lundgren noted
that despite the overall achievements that the mission has
made since the mission was established, limited progress has
been made over the past few months, as the peace process has
faced protracted political deadlock. She underscored her
concern that, following issuance of the most recent report,
Nepali parties are disintegrating internally and moving
towards confrontation, and that the "possibility of
miscalculation" or "overreaction" by security forces is
ever-present. Maoist-organized protests are becoming more
frequent, and resulting in clashes, over presidential limits
on military power. This tension challenges the legitimacy of
the Comprehensive Peace Agreement.


3. (SBU) Concerning the discharge of disqualified Maoist ARMY
personnel, Lundgren highlighted the cooperation of the
Government and the Maoists, reporting that the committee had
resumed work on the integration and rehabilitation process.
Military personnel were briefed at a military cantonment on
October 1, the first of such briefings.


4. (SBU) Lundgren noted that the Maoist party makes up 40
percent of the seats in the Constituent Assembly and is a key
player in the peace process. Its power is illustrated by the
fact that it has blocked the legislature for all but one
month since May 2009. Lundgren stated that progress in Nepal
would thus depend on cooperation between the two main
parties.


5. (SBU) The Permanent Representative of Nepal, Madhu Raman
Acharya, addressed the Council following Lundgren's
statement. He spoke optimistically about achievements made
thus far and about the peace process in general. He stated
that Nepal's Constituent Assembly is "moving ahead
constructively" in the drafting of the new constitution,
noting that the Chairman of the Constitutional Committee has
been elected. He reaffirmed the Assembly's aim to conclude
its task by May 2010. He also reported progress in the
integration and rehabilitation of Maoist military personnel,
noting that the Committee tasked with the issue has been
reconstituted. He noted similar progress in the release of
under-age and disqualified armed personnel in the
cantonments. Acharya informed the Council of a meeting that
took place on November 5 among government factions, in which
a number of demands were made to the Maoists, including
requests to cease their practices of delaying the legislature
and organizing protests. Regarding the UNMIN report itself,
he commented that it "would have been more balanced if it had
taken into account the sincere efforts made by the government
of Nepal in addressing key issues of the peace process..."
He also expressed his view that the implication of parity
between the national ARMY and the former rebel combatants was
not likely to assist the peace process.


6. (C) Following Lundgren and Acharya's briefings, the
Council moved to closed consultations, where Lundgren
"amplified concerns" regarding the rising tensions between
political parties, stating it was "difficult to be optimistic
at this time." She also noted that UNMIN has recently been
called "unfriendly" and "interventionist" by the Nepali
government. Lundgren thanked the Ambassadors of the P5 and
Japan for the recent joint press statement following their
trip to a cantonment, and stated that continued unified
actions by the international community are needed and can

make a difference in the outcome of this crisis. She
explained that there is an incorrect understanding among
Nepali politicians, press and citizens that in the absence of
a national emergency the deadline for the constitution's
drafting cannot be extended; however, it is UNMIN's
understanding that a national emergency declaration is not
required for the deadline to be extended. Lundgren also
lamented that, while the High Commissioner for Human Rights
has brought "emblematic human rights abuse cases" to the
Government of Nepal's attention, they have received no
response.


7. (C) All Council members made interventions during closed
consultations, expressing regret at the lack of political
progress on the constitution and lack of progress on the
integration and discharge of Maoist ARMY personnel. Mexico,
Costa Rica, and Austria highlighted the work of UNMIN's child
protection unit, and urged the government of Nepal to protect
the rights of children and to reintegrate them in accordance
with outstanding resolutions.


8. (C) There was significant disagreement among members about
whether the UNMIN mandate, which expires in January, should
be extended. China, Costa Rica, and Vietnam called on
Council members to give "full consideration" of any
forthcoming Nepali government request with regard to possible
further extension of the mandate. Turkey provided a moderate
stance stating that "nothing can substitute for Nepalese
action, but UNMIN must be careful not to leave too early."
The UK, Japan, France, Austria, and U.S. interventions noted
frustration at the possibility of further UNMIN extensions.
France noted sharply that "UNMIN cannot be a surrogate in the
absence of Nepali political will." The UK echoed this
sentiment stating that "UNMIN is doing a job it wasn't
designed for" and underscored that UNMIN was created with a
short-term mandate which has now been extended four times.
The UK provided the Council with two possible options in
regard to the January UNMIN mandate expiration: (1) to not
renew the mandate, or (2) "to empower UNMIN for departure
with a political mandate for a future and targeted withdrawal
of UNMIN."
Rice