UNGA: UNSC REFORM: INTERGOVERNMENTAL NEGOTIATIONS

UNCLAS USUN NEW YORK 000432

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 THE RELATIONSHIP BETWEEN THE COUNCIL AND THE GENERAL
ASSEMBLY

REF: A. USUN NEW YORK 388

B. USUN NEW YORK 345

C. USUN NEW YORK 289

D. USUN NEW YORK 230


1. (SBU) Summary: The informal plenary of the General
Assembly met on April 20 for intergovernmental negotiations
on Security Council expansion focusing on the relationship
between the Security Council (SC) and the General Assembly
(GA). This meeting, during which 52 delegations spoke,
marked the last session of the first round of
intergovernmental negotiations. Delegation statements either
focused on the SC and GA as equal principal organs with the
SC accountable to the membership or interpreted the Charter
to imply that the Council is subordinate to the GA as it is
the organ with universal representation. There were calls
for greater coordination between the two organs, especially
between their Presidents, and for an end to SC encroachment
on the GA and other bodies' jurisdiction. The U.S. statement
emphasized the fundamental constitutional nature of the issue
and that Article 7 of the UN Charter is clear that the SC and
the GA are co-equal principal organs and that the GA may only
make recommendations to the Council. As during the last
negotiation, a large number of delegations commented on
Council working methods as a way to improve the Council's
relationship with the membership. Delegations also referred
to the Council's annual report to the GA, calling for a more
substantive and analytical report while others recognized the
progress made in the 2008 report.


2. (SBU Summary continued: Uniting for Consensus (UFC) bloc
members Colombia and Italy put forward a new proposal at the
end of the session focused on all five issues, including
additional longer-term renewable seats and additional
two-year non-renewable seats. The Group of Four (G4) and its
supporters continued their call for the Chair to draft a
composite paper before the next round and G4 members Japan
and Germany suggested specific categories/clusters for focus
during the next round. The Chair confirmed he would
distribute another letter well before the second round
commences. He told Ambassador Wolff privately that he would
use the second round to try to narrow the debate and focus it
on issues where progress can be achieved -- size, categories
of membership, and regional representation in an expanded
Council and expressed appreciation to the United States for
helping identify issues where deadlock could persist. He
also said he would announce that a third round would be held
to deflect potential negative pressure in the second round.
End summary.


3. (SBU) Comment: Russian and U.S. statements were the most
firm of the P-5 statements in delineating the relationship
between the SC and the GA; the Chinese, French and UK
statements were less so. The latter simply highlighted the
Council's primary responsibility for maintaining
international peace and security while the General Assembly
has universal representation. The tabling of a new proposal
by UFC members Colombia and Italy that reflects the
intermediate option is a significant demonstration of some
flexibility by those states, as was the German Perm Rep's
statement earlier in the round voicing interest for
longer-term seats of 12-15 years under the intermediate
option. Japan and Brazil also appear to be showing some
flexibility towards an intermediate option, therefore leaving
only India and the African Group as the main stalwarts
insisting on additional permanent seats with veto. With
Indian Perm Rep Sen's departure, we will have to wait for his
successor's arrival in order to see if India decides to show
any flexibility or maintain its present course. India could
be the linchpin in determining how quickly or slowly this
process moves forward. If India continues to insist on
additional permanent seats, then negotiations will move
slowly because the African Group will not be compelled to
adjust the Ezulwini Consensus; however if India shows some
interest in the intermediate option, negotiations could
quickly accelerate. End comment.


4. (SBU) The final meeting of the first round of
intergovernmental negotiations on Security Council expansion



took place April 20 on the fifth and last of the five key
issues -- "the relationship between the Council and the
General Assembly (GA)." 52 delegations spoke at least once
during the one-day discussion of the informal plenary and
only one state (South Africa) took the floor a second time
during the interactive portion at the end of the session.
Afghan Perm Rep and Chairman of the Intergovernmental
Negotiations Zahir Tanin circulated a letter to the
membership on April 16, as he did before the four previous
issue-based negotiations (see reftels). (Note: USUN e-mailed
a copy of the letter to IO/UNP. End note.)

Equal principal organs v.
Council subordinate to Assembly
--------------


5. (SBU) Unlike previous meetings, there was not a
fundamental split between the Group of Four (G4) and Uniting
for Consensus (UFC) bloc positions on the main topic.
Rather, the split was between those countries that recognize
the Council as a principal organ under the UN Charter and
accountable only to the membership and those countries,
generally more developing states, who interpret the Charter
to imply the Council should take a more subordinate position
with respect to the GA. The Philippines Perm Rep said he
interpreted Article 24 of the UN Charter to mean that the
Council is "for all legal intents and purposes, an agent of
the General Assembly as it merely exercises a delegated
authority or a part of the sovereignty of each Member
State..." He said, "We should never allow the principal --
the General Assembly -- to be held hostage by the delegate or
agent."


6. (SBU) The Philippines Perm Rep suggested several
proposals for Charter amendments to ensure the dominance of
the Assembly over the Council. He said the GA should be
given full power to appoint the Secretary-General and not
just appoint one "upon the recommendation of the Security
Council," as Article 97 currently states. The Nicaraguan
Perm Rep later seconded the Filipino proposal, saying the
process by which the Secretary-General is elected should be
considered. The Russian Perm Rep responded that Russia
favors the current wording of Article 97. The Philippines
Perm Rep took issue with Council members having two votes
(one in the GA and one in the Security Council) for elections
of judges to the International Court of Justice. Both the
Philippines Perm Rep and the Nicaraguan Perm Rep urged that
the GA should be able to override a veto exercised in the
Security Council (SC) by a permanent member. The Sierra
Leone Perm Rep, speaking on behalf of the African Group, said
that when the "Security Council cannot and will not act,
there is need to strike a compromise by devising ways and
means of empowering the General Assembly to promote the aims
of the Charter."


7. (SBU) The Egyptian Perm Rep commented that there is a
direct link between Council reform and the "revitalization of
the General Assembly," another GA agenda topic. He said that
when the GA is active and revitalized it will be able to act.
He noted the links between the UN Department of Public
Affairs and the SC and that those links are missing with the
GA. A number of states in the second category suggested that
the Council's mandate has become too expansive and has
encroached on other bodies' jurisdiction. The Iranian
representative, for example, cited technical bodies, like the
IAEA, as the victims of the Council's increasing
encroachment. He called for that encroachment to be "checked
and reversed."


8. (SBU) The Singapore Perm Rep said the "principle of
accountability is the key that underpins the symbiotic
relationship between the two principal organs." The Council
decisions are binding on Member states and Member States
share the "attendant burdens" of increases in the budgets of
peacekeeping and special political missions which are
mandated by the Council. He said that since the General
Assembly elects the ten non-permanent members of the Council,
it provides the legitimacy that ensures international
compliance with Council decisions, so each body needs the



other.
Calls for greater coordination
between both bodies
--------------


9. (SBU) The Russian Perm Rep in his remarks urged the
membership to not engage in a "tug of war" between the two
principal organs. Instead, he noted the current challenges
of peacemaking and peacebuilding and suggested that the GA
could make significant contributions on those subjects. The
French Deputy Perm Rep highlighted the strengthening of
Council and Assembly interaction through the convening of the
Peacebuilding Commission and the Counterterrorism Committee.
The Indonesian Perm Rep said that more interaction was
actually needed between the GA and the Security Council, as
founders of the Peacebuilding Commission. A number of
states, including the African Group and Liechtenstein, called
for regular meetings between the President of the Security
Council and the President of the General Assembly (PGA) in
order to increase information sharing across the two organs
and to consult on work plans.

U.S. statement: relationship
is a fundamental
constitutional issue
--------------


10. (SBU) Given that a number of states were interpreting
the Charter as providing for a subordinate role for the
Council vis a vis the Assembly, USUN judged it necessary to
speak. In the U.S. remarks, Ambassador Wolff stressed that
the topic of the session involves a fundamental
constitutional issue for the United Nations. He said Article
7 of the UN Charter is clear that the Security Council and
the General Assembly are co-equal principal organs of the
United Nations, a fact reaffirmed in an early Advisory
Opinion of the International Court of Justice which states
that both bodies are principal organs of the United Nations
and the Charter does not place the Council in a subordinate
position. He underscored that Article 24 of the Charter
states that the Council acts on behalf of the members of the
United Nations, not on behalf of the General Assembly, and
Articles 10 and 11 also make clear that the GA may only make
recommendations to the Council.


11. (SBU) Ambassador Wolff referred to other delegations'
comments during the meeting and in previous sessions that the
Council's annual report to the GA somehow suggests a
subordinate reporting relationship and said this is an
erroneous conclusion since the purpose of the report is to
bring matters to the attention of the Assembly for its
consideration and to facilitate the exchange of information
and enhance cooperation among two principal organs. He
stressed that, given that the topic is a fundamental
constitutional issue, belaboring discussion is unlikely to be
productive and will only serve to delay progress towards the
main objective of most members, namely, Council expansion.

Focus on working methods
to enhance relationship
--------------


12. (SBU) A number of countries highlighted in their
interventions that there is a link between Council working
methods, which improve the membership's access to the
Council, and relations between the Council and the General
Assembly. As a result, some interventions were very similar
to those given during the April 7 and 8 meetings on working
methods of the Security Council (ref A) and continued calls,
for example, for more open debate and more consultations with
troop and financial contributors.

Council's annual
report to the GA
--------------


13. (SBU) A number of states focused on Articles 15 and 24
of the Charter which discuss the Council's annual report to
the Assembly and called for more substantive and analytical



reports. Portugal, France, and a few other states did
recognize that there had been positive steps, especially by
July 2008 Council President Vietnam who prepared the 62nd
session's annual report, to improve the report's substance.
The Indonesian Perm Rep urged that the report include a
section on the status of the implementation of Council
decisions. The South African representative said that the
Council is "duty-bound to provide analytical reports, explain
the use of the veto, and why it might not have taken action."
The Mexican Perm Rep suggested looking at the ICJ report to
the General Assembly which has useful analysis as a possible
model for further revisions to the Council's annual report.
The Singapore Perm Rep, questioning whether it was possible
to truly have an analytical annual report from the Council,
advocated for a "free-flowing annual debate for Member States
to take stock and to share feedback on the role of the
Council over the past year which could be jointly chaired by
the Security Council President and the President of the
General Assembly (PGA).

Colombia/Italy put forward new
intermediate proposal
--------------


14. (SBU) At the end of the session, the Colombian Perm Rep
introduced a new Colombian-Italian reform proposal that
covers the five key issues. The Italian Perm Rep
characterized the proposal as based on comprehensive reform,
equality among all states, accountability, and unity of the
organization. While the proposal states that the exact
number of seats will depend on the total size of the
expansion, it suggests approximately five additional
longer-term seats distributed as follows: Africa, Asia,
Asia/Africa (on a rotational basis),GRULAC, and WEOG/EEG (on
a rotational basis). It suggests two possible alternatives
for these longer-term seats: (1) three to five year terms
without the possibility of immediate re-election or (2)
two-year terms with the possibility of up to two immediate
re-elections but afterwards a member state would have to take
a break equivalent to the number of consecutive years served
on the Council. The proposal also suggests approximately six
additional two-year, non-renewable seats distributed as
follows: small states (population under 1 million);
medium-size states (population between one and ten million);
Africa, Asia, GRULAC, and EEG.


15. (SBU) The proposal suggests continuing the present ratio
of 3/5 or 60 percent for adoption of substantive decisions in
the enlarged Council. It also suggests either the abolition
of the veto or the limitation of the scope of the veto to
only Chapter VII matters. The proposal suggests a number of
working method and procedural reforms, none of which would
require a Charter amendment. It also presses for enhanced
accountability of the Council to the general membership, the
submission of more substantive and analytical reports and
special reports by the Council to the General Assembly, and
urges a strengthening of the relationship between the Council
and the other UN principal organs. Lastly, the proposal
calls for a review after 10-12 years or 15-16 years,
depending upon the term of the seats, and a comprehensive
reassessment, including the composition and working methods
of the Council. Since the proposal was only shared with the
membership at the end of the session, no delegations
commented on it, aside from the South African representative
who noted that it was "at odds with the African position."

Calls for a composite
paper before next round
--------------


16. (SBU) As they have at previous meetings, a number of G4
countries and their supporters from the African Group and
elsewhere called on the Chair to draft a composite paper
before the next round of negotiations. The Japanese Perm Rep
suggested an overview paper with a summary and list of viable
options based on member states' suggestions. He said the
paper should concentrate on categories of membership, the
veto, regional representation, and the size of an enlarged
Council. The German Perm Rep said a composite paper would



help narrow down the options and suggested two clusters of
focus: (1) categories of membership, size of an enlargement,
and regional representation and (2) the veto, working
methods, and the relationship between the Council and the
General Assembly. (Comment: The second cluster could
presumably be ignored if there continues to be widespread
disagreement on it. End comment.)

Chair's plans for the second round
--------------


17. (SBU) During the April 20 meeting, Ambassador Tanin did
not share with the membership his plans for the next round of
intergovernmental negotiations, aside from noting that he
would be sending out another letter well before the second
round commences and that the "second act is always better."
A number of countries highlighted, as the Portuguese Perm Rep
did, that the first round provided the membership with "an
idea of what won't fly" in future negotiations.


18. (SBU) In an April 22 bilateral meeting, Ambassador Tanin
told Ambassador Wolff that he was pleased that the U.S.
interventions during the first round had highlighted the
issues which were irreconcilable and which could only serve
to block progress if the membership insisted on dwelling upon
them. He said it was important for the membership to hear
this message. Tanin said he would use the second round to
narrow the debate and focus the membership on those issues
where progress can be achieved -- size, categories of
membership, and regional representation in an expanded
Council. He also said there are lingering questions that
remain unaddressed that the membership should address, such
as the role of a review conference. A third round could then
be used to focus on how to move the process forward into the
64th General Assembly session. Ambassador Wolff agreed that
announcing a third round could help deflect possible negative
action during the second round.
Rice