US embassy cable - 05LIMA2748

UNCLAS SECTION 01 OF 02 LIMA 002748 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PHUM, PREL, KUNR, PE, UNCHR-1 
SUBJECT: REFORMING THE UN HUMAN RIGHTS COMMISSION (CHR): 
PERUVIAN VIEWS 
 
REF: STATE 114051 
 
1. (SBU) On 6/17, A/Polcouns delivered reftel points on CHR 
reform to Foreign Ministry Director of Human Rights Carlos 
Roman, stressing that we were aware of Peru's proposal for 
the creation of a body of a body of Independent Experts, and 
requesting a comprehensive review of the U.S. non-paper, in 
order to further our shared interest in making the Commission 
more viable and effective. 
 
2. (SBU) In a follow-up conversation on 6/20, Roman said that 
he had reviewed the U.S. document, and that it was consistent 
to some degree with Peru's thoughts on the matter, which have 
evolved considerably in the last few weeks.  He said he had 
just completed a summary of Peru's views that was in the 
process of being distributed to Peruvian missions overseas, 
including Peru's UN Representative in New York.  Roman said 
he saw great promise for the work being carried out by the 
Swiss Government and the "Lausanne Group," and that he would 
continue to work with us and other delegations to achieve a 
consensus for needed changes in the CHR. 
 
3. (SBU) Embassy's informal translation of the Peruvian paper 
follows: 
 
(Begin text) 
 
Aide Memoire 
 
Peru's Proposal on Human Rights Commission Reform 
 
The Peruvian proposal on CHR reform has two essential 
components:  the creation of a Council with a mandate for 
country situations, and the creation of an Oversight 
Commission (Comision de Tutela) made up of independent 
experts which would be in charge of oversight issues, 
especially those relating to communications systems, early 
warning, adoption of preventive measures, and to flagrant, 
massive and systematic violations.  Within this concept, the 
Subcommission for Promotion and Protection of Human Rights 
and the 1503 Procedure would disappear. 
 
The central elements of the proposal are: 
 
a) Peru agrees with the idea of reforming the current CHR, 
converting it into a Human Rights Council.  Within this 
framework, Peru confirms its adherence to the "Lausanne 
Group" organized by the Swiss Government. 
 
b) Peru promotes a reform that conciliates the Peruvian and 
Swiss initiatives, both of which are consistent with the UN 
SecGen's broad proposal. 
 
This mixed formula includes the creation of the Human Rights 
Council as an independent organ of the General Assembly, with 
an intergovernmental structure, and at the same time, the 
creation of an Oversight Commission for human rights made up 
exclusively of independent experts, and elected based on 
criteria of balanced geographic representation. 
 
c) The intergovernmental grouping would have periodic 
meetings and would be responsible for making findings on 
serious situations and systematic violations of human rights. 
 
d) The independent experts grouping would meet continuously 
throughout the year and be responsible for oversight 
procedures, especially those having to do with communications 
systems, early warning, adoption of preventive measures, and 
with flagrant, massive and systematic violations of human 
rights. 
 
e) The Council members would be elected by the General 
Assembly, by a two-thirds majority, as proposed by SecGen 
Kofi Annan. 
 
The Council would have a mandate to evaluate human rights 
situations at a country level as well as in thematic areas 
and would approve its decisions through resolutions.  Its 
functional norms should include ones that would permit the 
election of government representatives demonstrably trained 
and specialized in the protection of human rights, in order 
to avoid a composition of just government delegates without 
experience in human rights. 
 
The mission of the Oversight Commission would be to protect 
against specific violations through the communications 
system, and to absorb mandates contemplated under the 1503 
Procedure and the Human Rights Subcommission, plus it would 
have new functions like early warning and putting in place of 
preventive measures in flagrant and urgent cases.  The 
members of the Oversight Committee would be elected by the 
Council, by a two-thirds majority. 
June 20, 2005 
 
(End text) 
 
STRUBLE