Expert answer:Security Council Reform
Solved by verified expert:Security Council ReformI want you to make a summary of each of the reading. (2 reading).and provide another summary of source (must be scholarly, governmental, IGO, or NGO) about Security Reform. (This should be fit to one 3 x 5 cards).One of the reading: Lund, Jakob Silas and the Center for UN Reform Education, “Pros and Cons of Security Council Reform”http://www.centerforunreform.org/node/414Second one it’s attached by the name: SC-reform-Facil-report-20-April-07
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sc_reform_facil_report_20_april_07.pdf
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REPORT OF THE FACILITATORS
TO THE PRESIDENT
OF THE GENERAL ASSEMBLY
ON THE CONSULTATIONS REGARDING
“THE QUESTION OF EQUITABLE
REPRESENTATION ON AND INCREASE IN THE
MEMBERSHIP OF THE SECURITY COUNCIL AND
OTHER MATTERS RELATED TO THE SECURITY
COUNCIL”
United Nations, New York
19 April 2007
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I.
INTRODUCTION
The question of equitable representation on and increase in the membership of the
Security Council was first introduced in our agenda in 1979, during the thirty-fourth
session of the General Assembly. At its forty-eighth session the General Assembly
adopted resolution 48/26, of 3 December 1993, by which it decided to establish the Openended Working Group on the Question of Equitable Representation on and Increase in
the Membership of the Security Council and Other Matters Related to the Security
Council.
After more than a decade of intensive discussions on this important matter, both in the
General Assembly and within the Open-ended Working Group, no concrete result has
been achieved thus far.
At the 2005 World Summit, stressing the need to complete Security Council reform – as
an essential element of our overall effort to reform the United Nations – Heads of State
and government expressed support for early reform of the Security Council, in order to
make it more representative, efficient and transparent, and to further enhance its
effectiveness and the legitimacy of its decisions.
On 11 December 2006, when opening the plenary debate on Security Council reform, the
President stated that after many years of inconclusive debate the time had come to make a
realistic assessment of the whole issue; and to be prepared to look at this matter with a
fresh and open mind if the General Assembly were to make substantial progress.
Against this backdrop, in her letter dated 24 January 2007, the President of the General
Assembly invited the membership to start consultations around five key issues, namely:
categories of membership; the question of the veto; the question of regional
representation; the size of an enlarged Security Council; and, the working methods of the
Security Council and the relationship between the Security Council and the General
Assembly. Subsequently, on 8 February 2007, the President of the General Assembly
appointed five facilitators in their individual capacity to assist her during the consultation
process on the five preceding issues respectively: H. E. Mr. Ali Hachani, the Permanent
Representative of Tunisia; H. E. Mr. Andreas D. Mavroyiannis, the Permanent
Representative Cyprus; H.E. Mrs. Mirjana Mladineo, the Permanent Representative of
Croatia; H. E. Mr. Heraldo Muñoz, the Permanent Representative of Chile; and, H. E.
Mr. Frank Majoor, the Permanent Representative of Netherlands.
The President of the General Assembly mandated the five facilitators to conduct open,
transparent and inclusive consultations with a view to making the most accurate possible
assessment on the state of play on Security Council reform, for the purpose of
establishing the appropriate process which would enable the General Assembly to fulfill
the challenging task of reforming the Council.
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Furthermore, the President requested the five facilitators to prepare a consolidated report
on the result of their work, in order to allow the membership to have an informed follow
up discussion on the way forward.
From 20 to 23 February 2007, the facilitators held a series of six informal meetings. The
facilitators also convened an informal interactive panel discussion on 13 March 2007.
These informal meetings, which took place in the framework of the Open-ended Working
Group on the Question of Equitable Representation on and Increase in the Membership of
the Security Council and Other Matters related to the Security Council, provided the
Member States with opportunities to comprehensively discuss all related aspects of the
reform of the Council while focussing on each of the five aforementioned main issues
identified by the President of the General Assembly.
In addition, the five facilitators conducted, separately or jointly, wide-ranging
consultations and met with individual States and various groups of States. These contacts
also allowed them to interact with delegations which did not participate in the openended informal meetings so as to take the fullest possible account of the views of all
Member States.
The purpose of this report is to provide the President of the General Assembly with the
outcome of the consultations the facilitators carried out over the past three months. The
report includes a descriptive annex that gives an account and assessment of the views
expressed by Member States on the different issues under consideration, and a more
analytical part providing a number of notions on the way to move the process forward.
The annex contains largely the evaluations of each facilitator responsible for his/her
respective theme. The section “Notions on the Way Forward” reflects the common views
of the facilitators. The facilitators hope that Member States would, in the next stage of
the process, give special attention to the Notions on the Way Forward presented in this
report.
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II.
Notions on the Way Forward
As stated in the introduction, the facilitators, guided by the President of the General
Assembly, undertook an inclusive process of consultations to elicit an accurate reflection
of the positions and suggestions of the membership on the main questions regarding
Security Council reform. Based on those consultations, as well as on the assessments
contained in the annex, below are a set of notions of reform that may serve as a
framework for result-oriented negotiations, a process over which Member States should
have collective ownership.
The objective of the facilitators was to map out what seems most feasible at this stage, so
that Member States themselves might proceed to work out all possible configurations
guided by the notions identified below as prospective ways of moving forward.
1. Security Council enlargement is an integral part of the United Nations reform process.
Member States consider that the United Nations reform would be incomplete without
meaningful Security Council reform. Maintaining the Status quo is not acceptable to an
overwhelming majority of Member States that feel that the current situation should be
improved.
2. Flexibility is key in order to move forward on Security Council reform; but flexibility
must be effectively shown and shared by all concerned. A significant number of Member
States tend to agree that their ideal solution may not be possible at this stage, and believe
that it may be more reasonable to consider the best possible substantial solution for now.
3. The positions of the major interest groups, well-known to the membership for some
time, are not likely to be fully realized at this stage. It was encouraging that, in order to
move forward with the process and despite the reiteration of initial positions, flexibility
was displayed in the form of willingness to explore a viable compromise solution.
4. The General Assembly should opt for a Security Council reform formula that can
garner the widest possible political acceptance by the membership, and in any case, well
above the required majority in the General Assembly, including the acquiescence by the
current permanent members of the Council, bearing in mind the ratification process of
any amendment to the Charter as stipulated in its article 108.
5. Any achievable solution must address the concerns of the wide majority of United
Nations Member States aimed at enhancing their access, both in terms of increasing their
chances to serve as members of the Council and by being more intensively involved with
its work while not a member. Especially the second element was a source of concern for
small States and for those who have an item inscribed on the Council’s agenda.
6. Enlargement and working methods need to be dealt with in a comprehensive manner.
They are closely linked and reform will be incomplete without either one. However, in
any scenario, continued efforts should be made to improve the working methods.
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7. Expansion needs to be based both on Member States’ contribution to the maintenance
of international peace and security and to the other purposes of the Organization as well
as equitable geographical distribution, as stipulated in the Charter. Maintaining the
current regional groups, any enlargement should address the under-representation of
developing countries as well as small States. The wide diversity in the membership of the
Organization might be taken into account.
8. Under the present state of affairs, Member States, while retaining their initial positions,
may wish to explore new and emerging ideas concerning a transitional approach to
Security Council reform. A transitional approach assumes an intermediary arrangement
and should have as an integral component a mandatory review to take place at a
predetermined date. Within the transitional approach there are different options and
variations that Member States may wish to further explore. The negotiables include the
content and duration of the intermediary arrangement and the nature of the review. Issues
on which Member States will not agree in the negotiations would have to be deferred to
the review. Consequently, at this stage none of the stakeholders has to give up its original
position.
9. As regards categories, the transitional approach, without prejudice to the prospect of
creating new permanent seats, could explore the creation of new non-permanent seats as
well as an intermediate category. Member States may wish to consider, among others, the
following variations of an intermediate category;
•
•
•
•
Extended seats that could be allocated for the full duration of the
intermediary arrangement, including the possibility of recall.
Extended seats, which would be for a longer period than the regular twoyear term, but with the possibility of re-election. The length of the terms as
well as the re-election modalities should be decided in negotiations.
Extended seats, which would be for a longer period than the regular twoyear term, but without the possibility of re-election. The length of the term
should be decided in the negotiations.
Non-permanent two-year seats with the possibility of immediate re-election.
10. Regarding the veto, some Member States favour and some oppose its elimination;
some demand and some oppose its extension. Therefore, as a definitive solution might
not be feasible at this stage, Member States may wish to address this question within the
framework of the review.
In the meantime, Member States may wish to consider forms of limitation in the use of
the veto. These might include, among others:
•
•
•
Ways of enhancing accountability for the use of the veto.
Limitations of the scope of application of the veto.
Individual or collective pledges to refrain from its use in certain instances.
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11. Regarding regional representation, in the sense of Member States representing
regional views, the notion of accountability, both in the election process and while
serving in the Council, might be explored. To take into account this aspect, the following
ideas could be considered:
•
•
Future candidatures to the Security Council could be proposed directly by
Member States or through regional consensus, it being understood that the
final decision is to be taken by the General Assembly through the election
process as set out in the Charter.
Elected Members of the Council should be deemed, if they so wish, to also
represent, through internal arrangements, the views of the groups to which
they belong while continuing to act in accordance with the purposes and
principles of the United Nations.
12. As regards the question of the expansion of the size of the Security Council, Member
States may decide to consider the following options:
•
•
•
•
A limited expansion, believed to be supported by those Member States
particularly concerned about the efficiency of the Council.
A large expansion, believed to be supported by those Member States
particularly concerned about the Security Council’s representativity
A medium-size expansion that could reconcile the concerns of those who
argue for an efficient Council with the views of those who underscore its
representativity.
A limited expansion in a first stage and a further expansion in the
framework of the review.
13. Any reform scenario should enhance access for non-Council members by improving
the working methods of the Security Council. Since any enlargement will only modestly
improve the chances of individual Member States to become a member of the Council,
better access for non-Council members is deemed an essential and integral part of a
reform package. At the same time, improvement of the working methods can be seen as a
continuous, dynamic process. At this stage, Member States may wish to consider the
following options:
•
•
Establishment of a mechanism ensuring that Member States whose
interests are specially affected will be heard upon request in private
meetings of the Council (more vigorous implementation of articles 31 and
32 of the Charter), and expansion of consultation and cooperation with
regional organizations and countries in the region, not only in thematic,
public meetings, but also in private meetings.
Creation of additional opportunities for non-Council members whose
interests are specially affected to be heard in the work of the subsidiary
bodies; in case of resolutions that call into being far-reaching obligations
of Member States, an extended consultation process could be established.
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•
•
Implementation of consistent consultations with potential Troop
Contributing Countries in the early phase of a new operation, and regular
substantive meetings during ongoing operations; Troop Contributing
Countries and, as appropriate host countries, to be invited to private
meetings of the Security Council in which the mandate of a Peacekeeping
Operation is discussed.
Increase in the transparency of the Council’s work by: encouraging formal
adoption of rules of procedure, stimulating thematic reports by the
Security Council for discussion in the General Assembly and ensuring
regular consultations between the Presidents of the principal organs on the
implementation of the respective mandates, in accordance with the
Charter.
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III.
Conclusions
The present report represents the facilitators’ honest evaluation of the state of affairs on
Security Council reform. It reflects months of extensive and inclusive consultations,
where the facilitators carefully listened to the views and concerns of Member States. The
facilitators have tried to make a fair assessment, as contained in the annex, of the
different aspects related to the reform.
On the basis of the consultations and the assessment, the facilitators have prepared the
above notions that Member States might want to further discuss in order to explore
feasible solutions for the way forward, aimed at facilitating tangible progress on a key
and integral component of United Nations reform. As such, an attempt has been made to
identify new and emerging ideas that might be worth exploring. At the same time, as
stressed before, the facilitators underline that Member States may wish to pursue other
options. Those identified here are not necessarily exhaustive.
The facilitators trust that the report will contribute to productive further discussions in
which Security Council reform can be brought to a next stage. This could include an
agreement on a negotiating process that is conducive to timely decision-making. The
facilitators believe that there is a path forward that Members States could build on
towards meaningful negotiations, taking advantage of the current momentum. The reform
process ahead needs to continue to be all-inclusive and transparent.
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ANNEX
ASSESSMENTS ON CLUSTERS
Categories of Membership
The issue of categories of membership proved to be one of the key issues of the entire
process. One of the main purposes of the facilitation was to explore whether
innovative ideas heard during consultations could help to reconcile existing positions
with a view of advancing the process. The following views were expressed during
consultations:
•
A large group of States continued to call for the enlargement of the Security
Council in both categories of membership (permanent and non-permanent seats).
•
A group of States, while defending an enlargement of the Security Council in
both categories, is proposing that any new permanent seats holders enjoy all
prerogatives of permanent members including veto right in case it is maintained.
•
Another group of States reiterated its position seeking the creation of a category
of membership which is of a permanent character but, at least initially, without
exercising the veto. Addition of new non-permanent seats is also proposed by this
group.
•
A group of States reiterated its position of accepting enlargement only in the
category of non-permanent seats, while considering that no initial positions
should be pre-empted for any future discussions of the issue. The creation of only
non-permanent seats is also considered by a group of States as a possible fall back
position in case no other satisfactory solution is found.
•
Some Member States encouraged the exploration of a sort of an “interim” or
“transitional solution” based on a longer term renewability of seats. Likewise,
other Member States expressed their readiness to explore a solution that would
move the process ahead while enjoying broad acceptance.
•
Some delegations, especially from small States, expressed the view that any
solution should enhance their aspiration to serve in the Security Council.
•
A large number of delegations expressed the view that there is a need for
ensuring, in any expansion, a strengthened representation of developing countries
and small states. A number of delegations stressed the need to take into account
the wide cultural diversity within the international community.
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•
Some delegations expressed their wish to have the question of categories, as well
the other issue-areas ascertained through a “questionnaire” addressed to Member
States.
•
The notion of accountability, both at the time of election (art 23.2 of the Charter)
and while serving in the Council (art 24.2 of the Charter) has been addressed by
delegations in relation with categories of membership:
– A group belonging to a specific region is of the view that this region
would be responsible for the selection of its representative States in an
enlarged Security Council, which would be accountable to it.
– Other Member States expressed the view that accountability could be
ensured through a process of “challenge” in a review mechanism.
Signals of flexibility were shown during the consultations: Despite the reiteration of
initial positions, readiness for some flexibility was expressed by the main groups
especially on the question of permanency:
•
•
•
Delegations defending permanency would accept to submit the status of any new
permanent seats to challenge.
Delegations contesting the permanency would admit the possibility for a number
of States to be in the Council for a longer period of time than that initially
envisaged by the Charter.
Members of a group of States, although remaining firm in their initial positions,
expressed readiness to refer any new proposed elements regarding Security
Council reform to their highest political authorities at the earliest possible
opportunity.
The question of the veto
Given the sui generis character of the veto, the extent of member states’ flexibility and
the scope of possible veto reform were explored through extensive bilateral consultations
with a cross-regional sample incorporating small, medium-sized and l …
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