US embassy cable - 05ROME780

UNCLAS ROME 000780 
 
SIPDIS 
 
 
FROM THE U.S. MISSION TO THE UN AGENCIES IN ROME 
 
L/PIL FOR HAL BURMAN AND JEFF KOVAR 
IO/S FOR LISA SPRATT 
 
E.O. 12958: N/A 
TAGS: AORC, UNIDROIT 
SUBJECT: AD-HOC UNIDROIT ELECTION COMMITTEE MEETING 
 
REF: BURMAN/BERTON E-MAIL OF 2/23 
 
1. Summary: an ad-hoc committee of the International 
Institute for the Unification of Private Law (UNIDROIT) met 
on February 28 to discuss changes to the organization's by- 
laws that would guarantee geographic representation on the 
Governing Council.  A general consensus formed around a 
minimalist approach of a guarantee for one country in each 
of four regions (Africa, Asia, Europe and others, Latin 
America).  However, the final report to be forwarded to the 
Governing Council will detail all views expressed, 
including the U.S.  End Summary. 
 
2. The formation of the ad-hoc committee was the result of 
the November 2003 Governing Council elections, in which 
none of the three candidates from Africa secured a seat, 
effectively shutting out the entire continent (an 
undesirable result, consensus indicates).  The November 
2004 General Assembly approved a secretariat proposal for 
the convening of an ad-hoc committee to prepare proposals 
to amend UNIDROIT by-laws in order to ensure minimum 
representation for each region of the world.  The three- 
hour February 28 meeting, attended by more than 25 
countries (participation was open and voluntary) was the 
first and very likely only session of the committee.  A 
report of the meeting will be circulated among participants 
and then forwarded to the Governing Council for 
deliberation at its April 18 - 20 meetings. 
 
3. In preparation for the meeting, the secretariat prepared 
a paper outlining two principal tasks for the committee: a 
definition of the term "region," and a determination of how 
many countries per region should be guaranteed a seat. 
Most of the debate centered on the definition of "region," 
with a general consensus that a minimal number of four 
(Africa, Asia, Europe and others, Latin America) was most 
appropriate.  There was only a short debate regarding the 
number of countries that should be guaranteed 
representation, as the U.S. was the only nation that spoke 
in favor of more than a single seat per region. 
 
4. Per guidance provided by L, U.S. rep spoke of the 
opportunity for real change in an organization long- 
dominated by Europeans.  U.S. rep argued that while the 
traditions that have served the organization well in the 
past can be appreciated, it is time to look to the future 
and for what is best for the organization moving forward. 
U.S. rep proposed two seats per region and a modified FAO- 
style definition of regions that would have increased the 
overall number to seven.  There was minor sympathy for the 
U.S. point of view, particularly when the SYG mentioned a 
2003 brainstorming session that concluded the organization 
needed to find ways to bring nations outside Europe, 
particularly developing nations, into the fold.  For the 
purposes of the narrow focus of the ad hoc committee, 
however, most reps simply wanted to do what was necessary 
to guarantee Africa a Governing Council seat and nothing 
more.  Most of the participants stayed silent except for 
one-sentence endorsements of the four-region concept and 
for minimal wording changes to the by-laws.  Said changes 
(proposed by both Spain and South Africa) were simple, 
assuring geographic representation for the highest vote 
getter from each region. 
 
5. Also per the guidance, U.S. rep proposed other 
organizational changes that would not require an amendment 
to the by-laws.  As this was technically outside the 
mandate of the committee, the response was muted.  As a 
result, U.S. rep instead promised to shortly circulate a 
text containing the proposed changes and suggested a more 
in depth discussion either during or on the sidelines of 
the Governing Council meeting in April.  In addition, 
though the committee's final report will indicate a general 
consensus around a single-seat guarantee for a four-region 
world, it will add that a "significant minority" expressed 
a preference for an expanded definition of "region" 
(reasoning will also be a part of the report) as well as 
more than one guaranteed seat per region. 
 
6. Comment: with more time and a smaller group perhaps the 
U.S. view would have been more influential, but most reps 
simply wanted to do the minimum necessary.  The sheer 
number of participants, however (a surprising 27 
countries), indicates that the issue does resonate.  The 
committee's report will go to the Governing Council for 
discussion next month and on to the General Assembly for 
approval in November.  The U.S. should take advantage of 
those and other opportunities to present its views and to 
continue to promote change.  End Comment. 
 
HALL 
 
 
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 2005ROME00780 - Classification: UNCLASSIFIED