UNGA: UNSC REFORM: INTERGOVERNMENTAL NEGOTIATIONS

UNCLAS USUN NEW YORK 000230

SENSITIVE
SIPDIS

DEPARTMENT FOR USUN/W AND IO/UNP; NSC FOR POWER

E.O. 12958: N/A
TAGS: PREL KUNR UNGA UNSC GE JA BR IN
SUBJECT: UNGA: UNSC REFORM: INTERGOVERNMENTAL NEGOTIATIONS
ON CATEGORIES OF MEMBERSHIP

REF: A. USUN NEW YORK 171

B. 08 USUN NEW YORK 1200


1. (SBU) Summary: The informal plenary of the General
Assembly met March 4 and 5 to begin the substantive phase of
intergovernmental negotiations on Security Council expansion.
80 delegations spoke during the day and a half discussion on
"categories of membership." A core group of states
supporting an intermediate option of longer-term, renewable
elected seats provided more details about their approach.
The Uniting for Consensus (UFC) bloc declared its refusal to
consider expanding permanent seats, but most of its members
indicated a willingness to consider the intermediate option.
The Group of Four (G4) and its supporters argued for an
expansion in both categories and rejected the intermediate
option. The African Group reiterated its demand for two
permanent seats with full privileges and also rejected the
intermediate option. Small states pressed their case for
better access to the Council. USUN spoke on the second day
to support the Chair, after he was criticized by the Egyptian
Perm Rep, to indicate U.S. willingness to consider an
expansion of both categories, though any expansion of
permanent members must be country-specific, and to underline
that whatever formula emerges for expansion, it must factor
in Charter requirements for ratification. The next meeting
will be March 16 on "the question of the veto." End summary.


2. (SBU) Comment: While 28 delegations did voice openness to
the intermediate option during the course of the meeting,
including Germany from the G4, the stalwarts of the G4 --
India and Brazil -- continued to press for expansion of both
categories, along with many of their African and small state
supporters in the L.69 group. While many European
delegations, with P-5 members France and the UK in the lead,
and some UFC members believe the intermediate option will be
the solution to eventually garner the support of two-thirds
of the membership, USUN gauges that many G4 members and their
supporters, particularly the African Group, will not be ready
to give up on permanent membership expansion until well into
or even after the second round of intergovernmental
negotiations. For example, the African Group will have to
receive a change in formal instructions from an African Union
summit before it will be able to declare its 53 members in
support of the intermediate option. At that point, the
reform process is likely to accelerate. End comment.

Chair presses for interactive meeting
--------------


3. (SBU) The substantive phase of intergovernmental
negotiations on Security Council expansion began March 4 and
5 with meetings of the informal plenary on "categories of
membership." 80 delegations, including the United States,
spoke during the three sessions. At the start of the
meeting, Afghan Perm Rep and Chairman of intergovernmental
negotiations Zahir Tanin pressed member states to clarify
their position on categories of membership and show
flexibility, including through new proposals. He briefly
referred to his March 2 letter to the membership which also
previewed how the meeting would be run and included an
excerpt from document A/61/47 on categories of membership.
Tanin encouraged representatives to limit their statements to
three minutes, an instruction which a few flatly ignored, and
promised to allow for a second round of interventions to
promote greater interaction. Tanin announced that the next
two meetings would be held March 16 and 25. (Note: USUN
noted to a staff member assisting Tanin from the President of
the General Assembly's office that a plenary meeting on March
25 would conflict with the Security Council's Open Debate on
the Middle East. He responded that they would look at
possible alternative dates. He also confirmed that the March
16 meeting will be on "the question of the veto." End note.)

UK and French press intermediate option;
Russia and China indicate openness to it
--------------


4. (SBU) While the UK and France expressed their support for
an expansion of both categories of members (permanent and
elected),they also promoted the intermediate option. The UK


Perm Rep characterized it as a third category of seats with a
longer, renewable term, possibly 5 years. After 15-20 years,
a review conference would be held to judge whether to
continue with the third category or make additional changes,
i.e. adding more permanent seats. He said that the third
category of seats would be filled by those states more
frequently elected to the Council, thereby freeing up
two-year seats for smaller states. In the negotiations, he
urged the membership to refrain from concentrating on
differences and instead focus on commonalties. The Russian
Perm Rep suggested openness to considering the intermediate
model. He stressed that the final formula should not lead to
a split of the membership and should be above the two-thirds
called for in the UN Charter. The Chinese Perm Rep also
welcomed the intermediate option and said he hoped other new
proposals would be introduced.

More details on intermediate option
--------------


5. (SBU) The Liechtenstein Perm Rep promoted the
intermediate option, arguing that it was the most feasible
option given that it meets the UFC (ten new non-permanent
members and possible alternative rotation schedules) and G4
(six new permanent and four new non-permanent members)
proposals halfway; it does not create an irreversible
situation (i.e. more permanent members); it does not lead to
more veto rights; and it creates a system of accountability
through elections. The Swiss Perm Rep suggested that
countries running for an intermediate seat should meet
certain objective criteria, including contributions to the UN
and peacekeeping operations. He also stressed the absolute
need for a review conference at a fixed date with a fixed
scope but cautioned that any changes emanating from a review
would require additional Charter amendments. The Netherlands
Perm Rep, also supported the intermediate option as a way to
increase the Council's legitimacy and effectiveness without
creating a new power structure, and suggested that a
negotiating session be added to discuss the mechanics of a
review conference.


6. (SBU) Singapore, which supports an expansion of both
categories of membership, is also prepared to consider the
intermediate option, according to its Perm Rep. He suggested
that there be a time bar to restrict states from competing
for longer-term renewable seats and two-year seats during the
same period of years, i.e., if you run for "Division I" and
lose then you should be prohibited from running for "Division
II" for a number of years and vice versa. This would ensure
that states do not wage concurrent election campaigns which
would disadvantage small states. He also called for specific
review criteria to be determined in advance for the review
conference, so that it does not degenerate into a popularity
contest. Liechtenstein, Switzerland, Chile, Indonesia, South
Korea all voiced support for Singapore's time bar proposal.

UFC opposes expansion of permanent members;
willing to consider intermediate option
--------------


7. (SBU) The Uniting for Consensus (UFC) bloc members came
out strongly opposed to any expansion of permanent members
but in favor of an increase in elected members. The
Pakistani Perm Rep argued that each permanent seat added on a
national basis is a permanent blow to the chances of others
to sit on the Council. He also argued for the status of the
current permanent members "to be on the table" in terms of
regional representation and the veto, both of which are the
subject of later meetings. The Italian Perm Rep, noting
Singapore's call for criteria for a review conference, asked
what criteria countries would be judged against for permanent
membership and suggested, for example, their positions on
non-proliferation or their contributions to peacekeeping
operations, noting that Italy was fifth and Japan 80th on the
latter list. The Turkish Perm Rep questioned the permanence
of new permanent members. What if the criteria for new
permanent members are no longer relevant or additional
countries meet them in the future, he asked. The Italian
Perm Rep said that while Italy is not "hugely in favor" of
the intermediate option, it is willing to consider it.




8. (SBU) In one of the more well-argued UFC statements, the
Mexican Perm Rep said that expanding the number of permanent
seats flies in the face of the democratization of the Council
and against greater accountability. Permanent members
without a veto would create a new class of Security Council
members and greater stratification and inequality on the
Council. He said that immediate re-election would allow
those who aspire to a continuous presence on the Council to
also be accountable to the membership and that this was
likely the most viable compromise solution. He expressed an
openness to negotiate duration of mandates for non-permanent
seats, in effect the intermediate option. The South Korean
Perm Rep stressed that periodic elections help promote
accountability, and a system that allows winners to continue
without review goes against best practices.


9. (SBU) The Costa Rican Perm Rep, a member of the Small
Five States (S5) group, joined the UFC in rejecting an
expansion of permanent members with veto rights, saying veto
rights "should not be handed out like party favors." He
stressed that adding permanent members would only give more
power to "rich members" and reminded the room of the German
Perm Rep's comment that permanent members dominate the
Council (see below). He asked rhetorically whether new
permanent members would deny the representation and interests
of others on the Council.

Group of Four rejects intermediate option;
presses for expansion of both categories
--------------


10. (SBU) The Group of Four (G-4) and its supporters weighed
in strongly in favor of an expansion in both categories of
membership and against the intermediate option. After the
first three-hour session, bloc members and supporters started
summarizing that their position had "carried the day."
(Comment: By the end of the three sessions, some 57 states
(94 including all of the African Group members, even those
who did not speak or attend) had voiced support for an
expansion in both categories of membership but many expressed
disagreement on other issues which will be discussed later,
such as extension of the veto. End comment.)


11. (SBU) The German Perm Rep noted that permanent members
build up expertise in the long-run and therefore dominate
Council discussion. Only by enlarging the number of
permanent members can reform happen, he said. Citing Article
23 of the UN Charter, he called for "countries of the South"
to be represented as well as the largest contributors. The
Indian Perm Rep said that not adding permanent members will
"just leave the oligarchy alone" and that is not reform. He
said that if the membership adds new permanent members, they
can hold them accountable to implement reforms such as on
Security Council working methods. The Japanese Perm Rep,
responding to UFC questions about criteria for permanent
members, said that new permanent members should be judged by
their "readiness, capacity, and resources" to carry out and
monitor the decisions of the Security Council. He referred
to the "totality of contributions," including political,
diplomatic, and stability.


12. (SBU) G-4 supporter Cuba said that whole regions cannot
remain unrepresented in the permanent member category and
called for seats for Africa and Latin America and the
Caribbean. He declared that the true power of the Security
Council rests with the permanent five members with their veto
right. The only reasonable reform, he said, is to modify the
representation of developing countries in both categories of
membership. He voiced opposition to the intermediate option
and renewable terms, suggesting another category of
membership could foment divisiveness amongst Council members.


African Group - Quest for
permanent seats continue
--------------


13. (SBU) The Sierra Leone Perm Rep spoke for the African
Group. He reiterated the Ezulwini Consensus and called for


two permanent seats for African states with all the
privileges of the permanent category and not less than five
non-permanent seats for Africa. He stressed that only a
Council with Africa on it as a permanent member would "right
the historical injustice" and help contribute to
international peace and security. While the Algerian Perm
Rep underlined that only the African Union would choose which
countries would sit in Africa's seats, the South African Perm
Rep later responded that who selects the African states can
be determined later. The Ethiopian Perm Rep called the quest
for a permanent seat for Africa of "paramount importance."


14. (SBU) The Ugandan Perm Rep rejected the intermediate
option, saying that it would create a "club of well-resourced
contributors." The Cape Verde Perm Rep said that the
intermediate option would not be true reform since it would
not address the two original categories of membership and
that Africa is unlikely to give up its hope and aspirations
for a permanent seat. The Egyptian Perm Rep said the
intermediate option does not fit African demands and will
only lead to their postponement. The Algerian Perm Rep said
now was not the time for serious discussion of the
intermediate option, but perhaps it would be after the second
round.

Small states
--------------


15. (SBU) Many small island states, like Fiji, are G4
supporters. The Fiji Perm Rep voiced support for an
expansion in both categories, noting that all states can
contribute to international peace and security, and citing
Fiji's peacekeeping contributions as an example. He, like
many representatives of small island states, called for
better access to the Council. Another small island state
representative had a different perspective. The Maltese Perm
Rep said that an increase of permanent members would only
"increase the privileges and prerogatives of a few for a few
more" and called for negotiations to focus only on the
addition of non-permanent seats. The St. Vincent and the
Grenadines representative, another G4 supporter, called for
Article 23(1) of the Charter to be specific on more than just
"equitable geographical distribution" for members of the
Council and suggested an amendment to include "distribution
of geography, vulnerability, and development status." He
rejected the intermediate option, saying it would relegate
two-year non-permanent members to third class status.


16. (SBU) Several UFC members, including Italy and Pakistan,
voiced support for a specific elected seat for small states.
The Indian Perm Rep, commenting on the calls by small states
for representation, noted that there is no "small state"
category at the UN. In response, the Maltese Perm Rep said
that small states should present to the membership their own
list of small states.

Other proposals
--------------


17. (SBU) UFC leader Italy suggested that there should be
new non-permanent seats for regions, including the Africa
Group, Asia, GRULAC, and the European Union. The UK Perm Rep
quickly took issue with Italy's suggestion of non-permanent
seats for regional organizations, saying the Security Council
is for member states, not regional organizations. The Indian
Perm Rep later challenged the Italian proposal, noting that
all non-permanent seats are already permanent regional seats
and that it has not led to greater accountability. He also
challenged the UFC as "dismissive of Africa's request for a
permanent seat." They already have non-permanent seats, he
said. Panama voiced support for the original G4 proposal but
noted that there was not sufficiently broad support and
suggested an alternative intermediate category of membership:
six new members elected for 5-year renewable terms. If a
state is elected for four consecutive terms in this category,
it would become a permanent member. The Slovenian Perm Rep
reiterated the Slovenian President's proposal (ref B) of six
additional permanent members plus an additional category of
elected members with more frequent rotation (twelve countries
would be selected to fill six non-permanent seats and would


serve alternating two-year terms for a total period of twelve
years).


18. (SBU) The Syrian Perm Rep, speaking for the Arab Group,
said there should be an equitable geographic distribution of
permanent seats and called for an Arab permanent seat to be
rotated amongst Arab League members. The French Perm Rep
also expressed openness towards a possible permanent seat for
an Arab state, in addition to supporting Germany, Brazil,
Japan, and an African state. The Bolivian Perm Rep
introduced his own proposal -- the elimination of the
permanent category and electing only one category of
membership on the Security Council.

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


19. (SBU) After listening to two sessions of debate, USUN
decided to speak during the last session. Just before the
end of the second session, the Egyptian Perm Rep lodged a
"personal attack" against the Chair, Ambassador Tanin,
stressing repeatedly that neither he nor the President of the
General Assembly (PGA) has the right to lead the process, as
that is up to the member states. To show continued U.S.
support for the Chair and to note the U.S. position on
categories of membership, Ambassador Wolff commended the
Chair's honest and professional efforts to ensure that the
process proceeds in "good faith and with mutual respect and
in an open, inclusive and transparent manner" (per GA
Decision 62/557). He reiterated Ambassador Rice's February
19 statement that the long-term viability of the Council
depends on its reflecting the world of the 21st century and
that the U.S. would make a serious effort to find a way
forward that enhances the ability of the Council to carry out
its mandate and effectively meet the challenges of the new
century.


20. (SBU) Ambassador Wolff voiced U.S. openness in principle
to a limited expansion of both permanent and non-permanent
members. He stressed that any consideration of an expansion
of permanent members must by definition be country-specific
in nature and that we will take into account the ability of
countries to contribute to the maintenance of international
peace and security, and the other purposes of the United
Nations. He concluded by noting that whatever formula that
emerges for an expansion of Council membership must factor in
Charter requirements for ratification, so the membership
should avoid dwelling excessively on proposals that are
unlikely to be fruitful avenues of pursuit. (Note: PGA
Senior Advisor Ambassador Magda Enriquez Beitler told USUN
that U.S. remarks were welcomed and helpful. Both G4 and UFC
supporters voiced appreciation for the U.S. statement. End
note.)
Rice