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### Viewing cable 05WELLINGTON496, NEW ZEALAND RESPONSE ON UN REFORM

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
05WELLINGTON496 | 2005-06-27 04:48 | 2011-04-28 00:00 | CONFIDENTIAL | Embassy Wellington

`

    This record is a partial extract of the original cable. The full text of the original cable is not available.

` `

    C O N F I D E N T I A L SECTION 01 OF 04 WELLINGTON 000496

    SIPDIS

    FOR EAP/ANZ

    E.O. 12958: DECL: 06/26/2015
    TAGS: PHUM PREL PGOV KUNR AORC NZ UNSC UNCHR
    SUBJECT: NEW ZEALAND RESPONSE ON UN REFORM

    REF: A. SECSTATE 111637

         ¶B. SECSTATE 111657
         ¶C. SECSTATE 114435

    Classified By: ACTING DCM KATHERINE HADDA,
    FOR REASONS 1.4 (B) AND (D)

    ¶1.  (SBU) On June 21, Charge delivered ref A, B and C
    demarche points to Wen Chin Powles and Valerie Meyer, both
    Deputy Directors at the United Nations, Human Rights and
    Commonwealth Division (UNHC) of the Ministry of Foreign
    Affairs and Trade (MFAT).  Powles and Meyer said that the
    GoNZ's positions on reform of the UN and the Commission on
    Human Rights are largely synchronized with the U.S. positions
    though the U.S. is further along in fleshing out its
    positions.  MFAT also subsequently sent a copy of its recent
    statement to the June 21 Informal Meeting in advance of the
    General Assembly September High-level plenary.  The text of
    the statement is attached at para 8.

    New Zealand aims generally support U.S. interests
    --------------------------------------------- ----
    ¶2.    (SBU) According to Powles and Meyer, the GoNZ generally
    supports our UN reform interests including those of the
    Peacebuilding Commission, the responsibility to protect
    (where New Zealand will push for the strongest possible
    language including the override of sovereignty in cases of
    genocide, ethnic cleansing and similar), counterterrorism,
    developmental reform, and secretariat reform.  New Zealand
    seeks strengthening of disarmament and nonproliferation
    provisions.

    ¶3.    (C) On Security Council reform, New Zealand will oppose
    any expansion of the veto power, in keeping with New
    Zealand's consistant stance against UNSC vetoes since the UN
    was founded.  And while supportive of a Japanese role on the
    Security Council, New Zealand is "not certain about a
    permanent seat for Japan," said Powles.  Viewing that
    Security Council reform is overwhelming the U.N., Powles
    commented that New Zealand "doesn't want (reform) to be
    polarizing and dominating."  New Zealand has been asked about
    its position on Security Council reform by the governments of
    Brazil, China, Germany, India, Japan, Mexico and South Korea,
    she added.

    But there are some areas of difference
    --------------------------------------
    ¶4.    (C) Regarding the proposed Human Rights Council, the
    GoNZ shares the USG view that a smaller body is needed for
    greater effectiveness, and in fact sees a still smaller
    membership than the 20 members we proposed, Meyer said.  She
    acknowledged, however, that few countries share this desire
    for a still smaller membership.  GoNZ shares our concerns
    that a peer review process might bog the Council down to the
    detriment of its primary mission.  However, Myer implied that
    the GoNZ is open to the notion of peer review, even as it
    would need to see more discussion on the idea.  The GoNZ
    seeks more equal status of the Council vis-a-vis the Security
    Council and ECOSOC, and sees the Council as a "principal
    organ of the United Nations" consistent with the "Three
    Pillar" arrangement promoted by the Secretary General.
    However, while indicating that the Council should have the
    authority to investigate, censure and make recommendations,
    Meyer said that sanctions and other enforcement mechanisms
    should come from UNSC.
    Meyer further said that the GoNZ is "supportive of keeping
    the good things of the HRC, including the role of NGOs."
    Finally, Meyer indicated New Zealand's supports a regular
    source of budget funding as opposed to a system dependent on
    voluntary contributions.

    ¶5.    (SBU) On the Peace Building Commission (PBC), Powles
    reported general consensus; however she noted possible
    differences on how the PBC would fit into the UN framework
    and it membership characteristics.  She did acknowledge that
    these differences might result more from a lack of detail on
    the PBC rather than on our diverging views.  New Zealand
    favors early establishment of a Peace Building Commission,
    with Powles suggesting that NZ has a more ambitious timeline
    than the U.S.

    ¶6.    (SBU) Climate change will continue to be a focus area
    for New Zealand during the UN reform initiative.  As
    indicated by Powles, the GoNZ used a June 21st statement to
    an informal meeting plenary to promote a strong position on
    climate change, one which supports the UN Secretary's General
    position.  However, as she had indicated, their statement
    (para 8) did not provide much detail.

    ¶7.    (SBU) After the recent failure of the May
    Non-proliferation Treaty (NPT) Review Conference to reach
    consensus, New Zealand is looking to see disarmament and
    non-proliferation language strengthened, Powles said.
    However, similar to climate change, their statement (para 8)
    did not provide much detail.

    Text of New Zealand's Statement
    -------------------------------
    ¶8.  (U) Begin Text:  Mr President
    The High Level Event in September will be a unique
    opportunity to reinvigorate the United Nations.  Member
    States have a wide range of national, regional and
    international interests.  But we believe that we all share a
    fundamental interest in ensuring that the United Nations is
    able effectively to meet the challenges of the twenty-first
    century.

    When our Leaders gather here in less than three months time
    they will want to take decisions that will substantially
    strengthen the UN.  The draft contains many sound
    recommendations and we thank you for your careful work in
    drawing it together.  We see it as a solid platform and we
    welcome the positive momentum it is generating.  There are,
    however, several areas of priority importance to New Zealand
    where we would like to suggest bolder language, more
    definition of concepts and clearer signposts to follow up
    action.

    Mr President

    We agree that development is a central goal in itself - as
    well as vital for achieving collective security.  We are
    pleased to see that the draft is imbued with the "Spirit of
    Monterrey", underlining the need to mobilise all resources
    for development including aid, trade and domestic resources.
    New Zealand supports the positive references to the need to
    progress the Doha Development Round.

    Along with increasing volumes of aid, it is important to
    ensure that aid delivery is effective from developing
    countries' points of view:  New Zealand strongly supports the
    emphasis on aid effectiveness present in the document.

    The draft outcome document rightly emphasises the importance
    of dealing with climate change.  A constructive international
    dialogue is urgently needed on how to take meaningful action
    on climate change, and at the same time provide for future
    economic growth and development aspirations.  As the
    Secretary-General has said, we must develop a more inclusive

    SIPDIS
    international framework beyond 2012.  Anything less than
    broad and balanced participation and action, in particular by
    all of the world's major emitters, including both developed
    and developing countries, will be inadequate to deal with a
    challenge of this magnitude.

    We are particularly pleased to see that the draft outcome
    document recognises the plight of countries in special
    situations, particularly small island developing states.  We
    hope that the Summit will add impetus for the implementation
    of the Mauritius Strategy for SIDS.

    We can support many of the elements of the draft outcome
    document on disarmament and non-proliferation but would like
    to see a number of them strengthened to better address the
    security challenges in today's world.  Our strong wish is for
    our leaders to agree on concrete steps towards elimination of
    weapons of mass destruction, as well as measures to prevent
    their proliferation.  The 2000 NPT outcome identified steps
    that should be taken towards achieving nuclear disarmament.
    Against that background we cannot support the implication
    that progress on nuclear disarmament might be held hostage to
    "general and complete disarmament", as suggested by the
    current draft text.

    New Zealand welcomes the proposals to strengthen the United
    Nations' human rights machinery, but in our view they do not
    go far enough to establish the protection and promotion of
    human rights.  It remains our view that the proposed Human
    Rights Council should be a principal organ of the UN.  This
    would reflect the primacy of human rights in the Charter and
    give the new body maximum authority in responding to emerging
    or critical human rights situations.  The Council should be a
    smaller body than the current Commission on Human Rights in
    order to expedite decision-making and facilitate consensus on
    action.  We are concerned by the omission from the current
    draft of the Secretary-General's stricture that those elected
    to the Council should undertake to abide by the highest human
    rights standards.

    We would also want the outcome document to provide more
    clarity on the functions, mandate and powers of the Council,
    and its functional relationship with other organs of the UN
    system.  The Council should be able to investigate, censure
    and make recommendations on further action to the Security
    Council and the proposed Peacebuilding Commission.  The
    Council's relationship with the General Assembly's Third
    Committee needs to be clarified in order to avoid overlapping
    functions and mandates.  We are interested in the proposed
    peer review mechanism but would like to see further developed
    how it would work in practice.

    Strengthening the Office of the High Commissioner for Human
    Rights and providing it with the requisite funds from the
    regular budget of the UN must be a priority.  We would also
    like to see a more explicit reaffirmation in the outcome
    document of the policy of mainstreaming human rights
    throughout the UN system and an enhanced role for the High
    Commissioner in relation to the Security Council and the
    proposed Peacebuilding Commission.

    Mr President

    We are pleased that the proposal for the Peacebuilding
    Commission has broad and increasing support.  New Zealand
    fully supports the role and mandate of the PBC as broadly
    described in the current draft.  It reflects well what is
    required to fill the institutional gap.  However, we believe
    the draft can and should go further.   It is within our reach
    to agree on the structure of the PBC so that Leaders can
    formally establish it in September.

    On details, we would make three points.  First, on size, we
    believe the optimal number for core membership would be no
    more than 20, with balanced participation from both the
    Security Council and ECOSOC (say, five from each) plus
    representation by key donors, Troop Contributing Countries,
    regional partners and International Financial Institutions on
    the basis proposed in the Secretary-General's explanatory
    note.  We also support the Secretary-General's recommendation
    that national authorities and relevant regional actors should
    be involved in the Peacebuilding Commission's
    country-specific sub-groups and would like to see this
    reflected in the outcome document.

    Second, on mandate, we fully support the proposal that Member
    States should be able to apply to the PBC and the Standing
    Fund for assistance in reducing the risk of either new or
    recurring conflict.

    Thirdly, given the advisory nature of the PBC, we query the
    need for sequential reporting.  In our view, the strength of
    the PBC should be its ability to coordinate and provide
    transition.  To do this, it should have the flexibility to
    report to either the Security Council or ECOSOC, and to the
    GA and the HR Council according to need.

    We support the establishment of a Standing Fund allowing UN
    agencies to fill the funding gap immediately after conflict
    ends and before bilateral assistance arrives.  We also fully
    support the Secretary-General's proposal to establish a small
    Peacebuilding Support Office.

    As the Secretary-General says, terrorism is a threat to all
    that the United Nations stands for.  We support his proposal
    to implement a UN counter-terrorism strategy.  This strategy
    must be comprehensive, taking into account the underlying
    factors which fuel and generate support for terrorism.  We
    support the call to conclude a comprehensive convention on
    terrorism during the 60th session of the GA.

    Mr President

    We welcome the draft language on responsibility to protect.
    We agree that the primary responsibility to protect civilians
    lies with individual Member States.  However, where States
    are unable or unwilling to protect their population from
    genocide, large scale violations of international
    humanitarian law or ethnic cleansing, we believe strongly
    that the international community has the responsibility to
    take collective action.  We would emphasise that this
    responsibility is about protecting civilians within the
    parameters of international law, and specifically within the
    provisions of the UN Charter.

    We look forward to Leaders in September fully embracing the
    responsibility to protect and would support language in the
    Leaders' declaration making clear the elements comprising the
    responsibility to protect.

    Mr President

    For a fully effective Secretariat we must urgently strengthen
    the Secretary-General's ability to manage resources flexibly,
    and ensure that the Organisation can attract the highest
    calibre of staff.  We are pleased to see the management
    reform measures that are being put in place.  Leaders should
    agree to provide the Secretary-General with the necessary
    flexibility and authority to carry out his responsibilities,
    whilst requiring a full system of accountability, integrity
    and transparency.

    We fully endorse the urgent need to review mandates that are
    older than five years and identify resources for shifting to
    other priorities.  We should not shy away from the
    possibility that some activities have outlived their
    usefulness, or could be delivered in a different way.

    There is scope for this part of the draft to map out a
    clearer agenda for ongoing updating of mandates, and of
    management practices, and to better distinguish between
    action that is already under way and what now needs to
    happen.  Without repeating them, I would nevertheless like to
    associate New Zealand with the points on management reform
    made by Australia, Canada, Switzerland and the United
    Kingdom.  I also echo the point just made by Norway on the
    need for progress on gender balance in the UN system.

    Mr President

    We strongly support the draft language on concluding
    negotiations on a protocol expanding legal protection for UN
    and associated personnel during UNGA60.  Attacks against
    personnel continue and New Zealand looks forward to early
    agreement on this issue.  Discussions on the scope of the
    Protocol have brought us to a point where conclusion of a new
    legal instrument, which materially broadens the Protocol, is
    within reach.

    Finally Mr President

    New Zealand has been a loyal advocate and supporter of the
    United Nations since 1945.  We sincerely want to see the
    organisation emerge in better shape from the current
    initiative.  We are ready and willing to play our part in the
    work that still lies ahead.  End Text
    Swindells

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