S/PV.5968Resumption1 Security Council
▶ This meeting at a glance
39
Speeches
0
Countries
0
Resolutions
Topics
Peacekeeping support and operations
Security Council reform
General statements and positions
Security Council deliberations
UN procedural rules
General debate rhetoric
Thematic
The President (spoke in French): I should like to
inform the Council that I have just received a letter
from the representative of Poland, in which he asks to
be invited to participate in the consideration of the item
on the Council's agenda. In conformity with the usual
practice, I propose, with the consent of the Council, to
invite that representative to participate in the
consideration of the item, without the right to vote, in
accordance with the relevant provisions of the Charter
and rule 37 of the Council's provisional rules of
procedure.
There being no objection, it is so decided.
At the invitation of the President, Mr. Herczynski
(Poland) took a seat at the side of the Council
Chamber.
The President (spoke in French): In accordance
with the understanding reached among Council
members, I wish to remind all speakers to limit their
statements to no more than five minutes in order to
enable the Council to carry out its work expeditiously.
Delegations with lengthy statements are kindly
requested to circulate the text in writing and to deliver
a condensed version when speaking in the Chamber.
The next speaker on my list is the representative
of Egypt, to whom I give the floor.
Mr. Abdelaziz (Egypt) (spoke in Arabic): At the
outset, I would like to extend my thanks to the Member
States of the group of five small countries (SS) for their
initiative to request the convening of a special meeting
of the Security Council to discuss the progress
achieved in the implementation of the measures set out
in the annex to the note of the President of the Security
Council contained in document S/2006/507 of 19 July
2006. I would like also to thank you, Mr. President, for
preparing the concept paper dated 4 August 2008
which helps direct the discussion towards a purposeful
evaluation that might lead to the adoption of specific
measures. I would like in this regard to express our
support for the statement made by Cuba on behalf of
the Member States of the Non-Aligned Movement.
There is no doubt whatsoever that the central
starting point in any effort to promote the efficiency of
the Security Council is to enhance the transparency and
accountability of its work, with a view to guaranteeing
that the Council carry out the mandates given to it by
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the Member States of this Organization and to treating
permanent and non-permanent members equally, as
they have been elected not to protect their national
interests but to protect the international and regional
interests of the general membership of the
Organization as a whole.
There is also no doubt that today's debate is
inextricably linked to the work 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. The subject of reform of the
Council's working methods is a main part of the Open-
ended Working Group's activities, along with the
expansion in the permanent and non-permanent
categories of membership in the Council, guaranteeing
that the new permanent members are accorded the veto
right on an equal footing with current permanent
members.
While we welcome the series of notes issued by
the Security Council Informal Working Group on
Documentation and Other Procedural Questions, we
must candidly admit that the measures contained
therein do not meet the expectations of Member States,
as those measures constitute compromises agreed to by
non-permanent Member States in order to show what
can be called Council unity. Therefore, the revision of
these measures, as proposed in the report under
discussion today, does not convince us that such a
revision constitutes the final word in the institutional
handling of the issue. Rather, the proposed revision
stands as an insufficient preliminary step that needs
further evaluation and strengthening.
Reform of the working methods of the Security
Council should be based on the inevitability of
achieving real balance in power among Council
members, particularly between the permanent and
non-permanent members. Furthermore, the time has
come for an agreement on permanent rules of
procedure to replace the current provisional rules,
which have been in force for more than 60 years,
namely, since the establishment of the Organization.
Furthermore, the Informal Working Group
dealing with this important subject in the Council
should be transformed into a formal working group that
would adopt official bold procedures to consolidate the
concepts of equality among countries and of justice in
dealing with their issues, enhance transparency,
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increase interaction and promote efficiency. There is no
doubt that the Open-ended Working Group of the
General Assembly will remain the most appropriate
forum to deal with this matter in a democratic manner,
as the Assembly encompasses all Members of the
Organization.
Egypt is convinced that the starting point in
reforming the Council's working methods is for the
Council to refrain from exceeding the mandates
entrusted to it under the Charter of the United Nations.
The Council should stop encroaching on subjects
falling squarely within the core competence of the
Organization's other main organs, particularly the
General Assembly and the Economic and Social
Council, under the pretext of dealing with the security
aspects of those subjects or by attempting to give a
false impression that the subject matter under
consideration gives rise to a threat to international
peace and security. This issue stresses the importance
of revisiting the relationship between the Security
Council and the other principal organs of the
Organization for the purposes of restoring the
institutional balance between them that is clearly
outlined in the Charter. In this regard, the International
Court of Justice has a major role to play in settling any
dispute that might arise between organs with respect to
their mandates.
Moreover, Security Council respect for
objectivity, as well as its obligation to avoid selectivity,
double standards or politicization, constitutes some of
the main keys to achieving real reform in the working
methods of the Council. This notion could find its
practical application in giving concerned countries the
opportunity to attend informal Council consultations
on the same footing as that afforded representatives of
the Secretary General, and giving them and the
regional organizations the chance to participate in
Council negotiations that might have an impact on
them. Concerned countries should also be allowed to
participate in the evaluation of the implementation of
Council resolutions that affect them as well as in the
examination of reasons why that implementation might
be hindered. Such an assessment should be included in
the annual report prepared by the Council and
submitted to the General Assembly. That report, which
is currently of a narrative character, must be made
more analytical and explanatory as regards positions on
the various issues being dealt with by the Council. It
must also include the reasons for the Council's
refraining from certain actions and for its inability to
take decisive action in certain situations, in particular
those related to the maintenance of international peace
and security. Moreover, the report must include
explanations for the Council's various responses vis-a-
vis its resolutions, presidential and press statements
and reports, including the criteria followed by the
Council in deciding how to respond.
The working methods of the Council will not be
reformed unless we effectively address the misuse of
the right of veto and take the necessary measures to
restrict and rationalize its use until it is eliminated
altogether. That should be done in order to halt its
misuse, putting pressure on concerned countries to
accept specific solutions and preventing the Council
from acting in certain cases. It should also be done in
order to prevent the veto from being used in cases of
proven genocide, crimes against humanity and grave
violations of international humanitarian law, as well as
in efforts to halt hostilities between warring parties.
Pending its elimination, all new permanent members in
an expanded Security Council must enjoy the right of
veto, in particular new members from the African
continent. Those countries have experienced historical
injustice owing to the fact that they have not been
represented in the permanent category.
Past experience has shown the growing role that
can be played by regional groups and organizations -
especially the African Union, the League of Arab
States and the Organization of Islamic Conference -
in support of the Security Council in carrying out its
duties. During its presidency of the Peace and Security
Council of the African Union in December 2006, Egypt
put forward an initiative to establish a coordination and
consultation mechanism between the Security Council
and the African Union Peace and Security Council.
That important initiative, which was welcomed and is
currently being implemented, could serve as a
groundbreaking model to widen the scope of
coordination so as to include other regional groups and
organizations that play an important role in
maintaining international peace and security.
In conclusion, our debate today is an important step
towards reaching agreement on measures needed to
reform the working methods of the Security Council.
There have been several worthwhile efforts in that regard.
The most recent of those was General Assembly draft
resolution A/60/L.49, which was submitted by the group
of five small nations in March 2006. That was a good
attempt, despite the fact that the draft resolution did not
fully meet the aspirations of Member States with regard to
this issue. In addition to the draft resolution, hundreds of
other proposals have been put forward on the same
subject. What is missing is not additional proposals or
evaluations, but more political will on the part of
permanent and non-permanent members of the Council
alike to achieve real reform of the Security Council. That
reform must also encompass the five main areas being
dealt with by the Open-ended Working Group - namely,
membership, the right of veto, regional representation, the
size of an enlarged Security Council and the reform of the
working methods of the Council - so as to be able to
achieve a comprehensive agreement on all aspects of the
Council's reform in order to make it more effective,
transparent and capable of achieving the aspirations of
Member States in a world that is stable and peaceful.
The President (spoke in French): I now give the
floor to the representative of Kazakhstan.
Ms. Aitimova (Kazakhstan): My delegation
would like to express its appreciation to the President
of the Security Council and Permanent Representative
of Belgium for this opportunity to engage in an open
discussion of the nature and operational effectiveness
of the Security Council and its cooperation with States
that are not members of the Council.
We are pleased to note that there has been some
progress in improving the Council's working methods.
The recent debate in the General Assembly of the
Security Council's annual report to the Assembly,
which was presented by the Permanent Representative
of Viet Nam, was an unprecedented and historic step in
improving the cooperation of the Council with
non-members of the Council.
We, the members of the international community,
continue to support the Security Council in carrying
out its major function of maintaining peace and
security, which has been assigned to it by the Charter.
We are entitled to expect greater effectiveness from the
Council in that area. However, the Security Council's
effectiveness problem continues to be in the world's
spotlight. Today, we are seeing how frequently the
Security Council fails to adequately react to serious
challenges that directly threaten international peace
and security. The Council has repeatedly shown itself
to be unable to agree on press statements, let alone on
the development of a common position on certain
topics of critical importance to the entire international
community. Against that backdrop, one gets the
impression that problems evidently exist within the
Security Council itself, as well as with its working
methods. The issue of drastic and prompt reform of the
Security Council is therefore a pressing one.
As long as the Council is unable to find common
ground in its approaches to certain debatable issues,
the world will continue to face military conflicts that
are followed by tragic humanitarian consequences. In
such cases we should perhaps consider strengthening
the cooperation mechanism between the General
Assembly and the Security Council. By definition, the
General Assembly is a more democratic body that
represents the interests of all Member States. In
particular, the most crucial disputes to have gone
unresolved in the Security Council could be discussed
in the General Assembly in order to at least clarify the
opinions and positions of the majority of the
international community on critical issues, so that
those views can be considered during the adoption of
Security Council resolutions.
We should acknowledge that the number of open
meeting of the Security Council has recently increased,
while the number of closed sessions has decreased. Yet
the transparency of such meetings leaves much to be
desired. For example, States that are not members of
the Security Council are forced to spend more time
searching for information in any way they can. As a
result, they learn either too late or not at all about
closed consultations. Every so often, information
becomes partially available from interviews of Security
Council members given to journalists who cover the
proceedings of the Council for the general public.
We non-member States of the Security Council
have the right to know first-hand what are the possible
decisions being discussed within the Council and what
are the positions of each Council member on current
issues, and should not have to find this out through the
prism of the mass media. Complete knowledge of the
nature of internal developments in the Council, which
are important for the entire international community,
are of critical importance for our Governments, which
depend upon objective information in adopting
decisions. As concerned members of the international
community, we believe that we have the right to be
informed. In that connection, regular analysis of
positions, especially those of the elected members of
the Security Council, will assist us in drawing
conclusions as regards providing future support only to
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States that are capable of being responsible for the
maintenance of peace and security.
We believe that that approach will strengthen the
authority of the Security Council, increase the public's
trust in it and contribute to the Council's effective
fulfilment of its major function of maintaining
international peace and security.
The President (spoke in French): I now give the
floor to the representative of Belarus.
Mr. Dapkiunas (Belarus) (spoke in Russian): At
the outset, I would like to express my gratitude to you,
Mr. President, for your initiative to hold this debate.
We believe that such a step required political resolve
and professional daring. Document S/2006/507 was a
milestone in improving the working methods of the
Security Council and, above all, in increasing its
transparency. Every good initiative must have someone
promoting it. Without that, even the most promising
ideas can fade away before they produce results. We
would therefore also like to express our gratitude to the
delegation of Japan for its initiative, as well as to
recognize its particular role in improving the working
methods of the Council.
That document is clearly useful from the point of
view of practicality. Since its adoption, we have seen
positive changes in the work of the Council. At the
same time, though, we do see a need and an
opportunity for further improvement in the internal
working methods of the Security Council.
In that regard, my delegation has two practical
proposals. First, we propose providing for, in addition
to what exists, a new format of meetings, one that is
closed to the press and NGOs but is open to
delegations. It is not always possible to inform
delegations of the time and format of a Council
meeting in time for them to prepare written
communications requesting to participate. That new
format would be particularly useful in the case of
urgent meetings, in which, in fact, Member States are
particularly interested. Enabling all interested
delegations to participate without the need for
additional written communications would also remove
the concern of Member States over selective
information with respect to meetings being planned.
Secondly, we propose separating in time open
meetings of the Council and the adoption of decisions
on their outcomes. The current practice of organizing
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open meetings does not even provide for the formal
opportunity to take into account the viewpoints
expressed during the discussions. Documents on the
outcomes of open meetings are prepared ahead of those
meetings and are adopted immediately, without any
adjustments based on the results of the discussion.
Essentially, States that are not Council members have
the right to address the Council but, in theory, no
opportunity to have any impact on a decision of the
Council. Additional work within the Council, based on
the outcomes of open meetings, could reflect the
results of the discussion and ideas specific to the
initiatives in the documents of the Council; it would
provide genuine, and not just nominal, evidence of the
Council's greater openness.
As was noted in the statement by the
representative of Cuba on behalf of the Movement of
Non-Aligned Countries, which we fully support, the
issue of the working methods of the Security Council
goes beyond the framework of establishing an internal
working method and steps to work openly. An
important component of the working methods is also
the means to determine the area of responsibility and a
mechanism by which decisions are taken. A key
prerequisite for improving the work of the Council is to
establish within it an atmosphere of self-discipline and
responsibility in terms of defining the competencies of
the Council. That has to do with establishing an
environment, in which Council members agree that
they are simply not entitled to hold a formal or
informal discussion on the situation in a Member State
or on other issues where there is no direct threat to
international peace and security.
Lastly is the avoidance of double standards in
decision-making - regardless of whether it occurs
consciously or not. We need to avoid hasty or
incomplete assessments when we should meticulously
seek the truth and compromise, and we need to avoid
the demonization of opponents. That would certainly
enhance the role of the Council in resolving
international conflicts and would serve to enhance the
effectiveness of its efforts. When working out and
adopting decisions, it is important that they be genuine
and not just words, and that they take into account the
views and concerns of all Member States, be they rank-
and-file members of the General Assembly or
permanent members of the Council, and particularly
Members whose interests are directly affected.
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Non-permanent Council members play a
particular role in ensuring the most effective, honest
and impartial analysis of pressing international issues.
As was shown by the Council's work during the events
in the hot month of August, it is the action or inaction
of non-permanent Council members as a kind of jury or
independent arbiters, in particular in a situation where
there is no agreement among permanent members, that
is the key to whether the Council will be able fully,
impartially and objectively to carry out its functions or
not.
The President (spoke in French): I now give the
floor to the representative of Germany.
Mr. Ney (Germany): Let me express my gratitude
to you, Mr. President, for convening and preparing this
useful debate during your presidency. Your recent
concept paper (S/2008/528), in particular, has been
very helpful and merits our praise. It provides a
concise overview of where the Council stands in its
efforts to implement the 63 measures set out more than
two years ago. We also fully support the approach you
have suggested for today's debate, that is to focus on
those measures of great interest and relevance to
non-Council members in the fields of transparency,
interaction and efficiency.
As a staunch proponent of Security Council
reform, Germany welcomes the ongoing discussion on
the Council's working methods and appreciates the
open format that the Belgian presidency has chosen for
that purpose. We would also like to thank the group of
five small countries - Costa Rica, Jordan,
Liechtenstein, Singapore and Switzerland - for their
continued commitment to this significant issue.
Let me also thank the former chairs of the
Informal Working Group on Documentation and Other
Procedural Questions for their efforts, as well as the
present chair Ambassador Arias.
As the United Nations increasingly accepts
responsibility for conflict resolution around the world,
both between and within States, the face of the Council
has dramatically changed. Its role has become ever
more prominent in recent years. Take but a short look
at the tremendous increase in the number of meetings it
has held and resolutions it has adopted. Now that the
United Nations Member States and the world watch
with growing interest, transparency, more than ever, is
of paramount importance if the Council is to meet
expectations. We, therefore, welcome the progress thus
far achieved in that field. Regular briefings by the
presidency to non-Council members at the beginning of
each month, for example, nowadays provide a useful
forecast of and information about the monthly
programme of work. Allow me to remark,
Mr. President , that you set a very good example in that
respect when you assumed the presidency of the
Security Council at the beginning of this month.
With regard to enhanced interaction with and
involvement of non-Council members, we strongly
support the notion that affected parties should have
facilitated access to the Council. That should include
first and foremost Member States that have a vested
interest in the item on the agenda under discussion,
such as major troop-contributing countries and
financial contributing countries, for instance. At the
next stage, however, it may be fruitful to consider
improved access to stakeholders other than Member
States as well. Such direct consultations may provide
the Council with a sounder basis for and increased
legitimacy of its decisions. Interaction should also be
strengthened within the United Nations, for example
between the Security Council and the Peacebuilding
Commission.
It should be noted, however, that such
considerations must not undermine efforts to make the
working of the Council more efficient. Keeping in
mind that statements in public meetings definitely need
to be shorter, as you, Mr. President, so aptly pointed
out in your concept paper (S/2008/528), I shall limit
myself to one more aspect that is central to the German
position.
Previous achievements to improve the Council's
working methods are laudable, and further efforts are
essential in times of the tremendous increase in the
prominence of this body. And yet, those efforts cannot
be but small steps. Let us not lose sight of our actual
goal: comprehensive Security Council reform. Let us
continue to regard working methods as one, albeit a
significant, aspect in a much wider context. Let us
embrace today's debate as an important step in our
endeavour to make the Council more transparent,
interactive and efficient, but also more legitimate,
representative and reflective of today's political
realities.
To conclude, let me affirm Germany's strong
support for any efforts aimed at improving working
methods. They send a clear message by the United
Nations membership that comprehensive Security
Council reform is urgently required. Improving
working methods alone will not bring about the
necessary change. We must address the fundamental
issue - the necessity to bring the Security Council in
line with the political realities of today's world. If we
were to improve working methods without reforming
Security Council structures, we would risk increasing
the political frustration in large parts of the
membership and eroding the authority of the Security
Council.
The President (spoke in French): I now give the
floor to the representative of Singapore.
Mr. Cheok (Singapore): I too would like to
express appreciation to you, Mr. President, for the
convening of this open debate in the Security Council.
There is always some sensitivity when it comes to
discussing the Council's working methods, so we are
especially grateful to you for this opportunity.
Obviously, my delegation also aligns itself with the
statement made by the representative of Switzerland on
behalf of the group of five small countries - the 8-5
group. That said, I would like to make some additional
comments that focus primarily on the question of
access.
Let me begin by stressing that the 8-5 should not
be seen as an adversary. The group's aim is not to
grandstand or to undermine the Council; it is the
opposite. It is about trying to make the Security
Council more consultative and consistent, so as to get
more buy-in from non-members. We recognize the
Council's crucial role and its grave responsibilities. We
also see that the Council has made many positive
changes in its working methods, and we are very
grateful for that. We can only commend the successive
Chairs of the Informal Working Group on
Documentation and Other Procedural Questions -
Japan, Slovakia and Panama - for their tireless efforts
in that regard. The note by the President of the Security
Council (S/2006/507) is another example of the
Council's engagement on the issue of working
methods. But the question is whether the reforms are
sufficient and whether they are institutionalized to the
point where there can be no backsliding. Naturally, we
in the 8-5 group feel that the Security Council could go
further.
There remain questions of access, many of which
have been referred to by previous speakers this
morning and this afternoon. States that are primary
protagonists on various issues addressed by the
Security Council do not always have the opportunity to
speak and express their points of View in Council
meetings. And even when it is decided that meetings
will be open, those decisions often come so late that
States are unable to prepare properly to make
substantive contributions to the debate. Perhaps one
suggestion would be to establish an agreed time frame
for concluding negotiations on the format - ideally,
48 hours before the debate - in order to give involved
States the opportunity to prepare.
Questions about access also extend to informal
consultations, to which you yourself, Mr. President,
previously alluded. I realize that there is sometimes a
trade-off between access and efficiency in decision-
making, but making informal consultations off limits to
all but Council members seems a bit rigid. For
example, would Council members not benefit from
having the main protagonists on any issue provide their
views and even answer questions in informal
consultations from time to time? This need not
interfere with Council decision-making, because
invited countries could be asked to leave before the
Council begins its deliberations.
Finally, we have asked repeatedly for a more
analytical annual report. But, that is seldom achieved,
because, understandably, it is difficult to square the
viewpoints of 15 Council members. If an analytical
report is not possible, perhaps we could consider a
more free-flowing debate on the Council's role over
the preceding year. An open debate could be organized
in the Security Council to take stock and receive
feedback. Member States could make statements on
what they considered to have been triumphs and
shortcomings. Council members could also give their
views. That might expose the Security Council to some
criticism, but I think it would also lead to some praise.
Ultimately, that is what feedback is about. And if we
all behave constructively, this can only increase the
sense of buy-in on the part of States that are
non-members of the Council, because they will have
had a chance to express their views.
Ultimately, we all need to work together to
improve the Security Council's working methods.
Singapore stands ready to work with and support
members of the Council in that regard.
The President (spoke in French): I now call on
the representative of the Philippines.
Mr. Davide (Philippines): Because of time
limitations, I shall read out only a number of very
important portions of the statement of the Philippines.
My delegation respectfully requests that the full text be
circulated to delegations.
Calls for changes and reforms in the Security
Council are becoming louder and stronger. The focus
of this open debate is on changes and reforms in the
Council's working methods. Many Member States,
including the Philippines, believe that this area of
Council reform is the least controversial and that it is
immediately achievable. Proposals to that end could
have been successfully pursued much earlier had they
not, unfortunately, been mingled with, or tied to the
apron strings of, other Council reform proposals, such
as those regarding the question of equitable
representation on and increase in the membership of
the Security Council or even the issue of the veto
power.
Today's open debate sends a clear message that
reform of the Security Council's working methods can
and should be addressed separately from the other
areas of Council reform, which are more complex and
complicated. This open debate attests to the Council's
acknowledgement that it must come openly into the
picture and demonstrate its political will and moral
courage to reform its own working methods.
Thus, the Philippines commends and expresses
gratitude to the Belgian presidency of the Security
Council for holding this open debate during the last
week of its mandate, thereby happily ending its
stewardship with a historic event. For their special
contributions towards reform in this area, which are
detailed in the full text of this statement, the
Philippines also commends the Security Council and
its members, the group of five small countries, Japan,
Viet Nam and the Austrian Mission.
There are strong, valid, just and equitable reasons
why the Security Council should now decide upon and
adopt the needed changes and reforms in its working
methods. We must bear in mind and never forget that,
pursuant to Article 24 of the Charter, in order to ensure
prompt and effective action, Member States have
conferred on the Security Council primary
responsibility for the maintenance of international
peace and security.
The majority view holds that that conferment is a
surrender of the sovereignty of Member States; a
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minority view holds that it is but a delegation of
powers by Member States. It follows that, as of today,
177 Member States have, according to the majority
view, surrendered a part of their sovereignty or,
according to the minority view, delegated some of their
powers to the Security Council for this purpose only:
ensuring prompt and effective action in the
maintenance of international peace and security. In
carrying out its duties in relation to that responsibility,
the Security Council is vested with tremendous specific
powers under Chapters VI, VII, VIII and XII of the
Charter. The enumeration of specific powers does not
preclude the exercise of general powers.
All told, and in the light of the decisions,
resolutions and actions that it has taken so far in the
exercise of its powers, express or implied, the Security
Council is described as a legislator, judge and
executive in the final report and recommendations
from the Austrian Initiative 2004-2008 (S/2008/270, annex). It need not be stressed that, because of those
tremendous powers as legislator, judge and executive,
the Security Council, either as holder - or, better yet,
trustee - of the surrendered part of the sovereignty of
Member States or as their delegate and agent for the
exercise of that surrendered part, must, in its working
methods - now principally condensed into its
provisional rules of procedure - strictly adhere to
democratic practices and procedures, observe due
process and guarantee fairness, justice and equity to all
concerned. In other words, as recommended in the final
report and recommendations from the Austrian
Initiative, it must observe the rule of law in all its
proceedings. Among the essential elements of those
guiding principles are accountability, fidelity to trust,
predictability and transparency.
Thus, in general, the Philippines strongly
recommends that those portions of the note by the
President of the Security Council (S/2006/507) that
relate to those guiding principles and essential
elements now be reduced or transformed into concrete
and specific rules to be embodied in the Council's
provisional rules of procedure. In particular, the
Philippines recommends the following specific reform
proposals, which necessarily involve changes in or
amendments to the provisional rules of procedure.
First, the rules of procedure of the Security
Council, which have remained provisional for 62 years,
must now cease to be provisional. The word
"provisional" in the body of those rules, known as the
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provisional rules of procedure of the Security Council,
should be deleted. In 62 years, there have been only six
revisions to the rules - proof that the rules of
procedure have gained a very high degree of
permanency. And, if account is taken of the fact that,
among the principal United Nations organs, only the
Security Council has retained or maintained
provisional rules of procedure, one sees that something
indeed is amiss. Many may find the provisional
character of the 62-year-old rules of procedure of the
Security Council to be a conundrum in judicial
practice; they cannot divine its logic. In that regard, I
concur with the recommendation from the Austrian
Initiative that it be part of the Security Council's
commitment to the rule of law that it adopt formal
rules of procedure, rather than continuing to rely on
provisional rules.
Secondly, due process and the rule of law demand
that Member States that are not members of the
Security Council but are the subjects of the Council's
scrutiny should have the right to appear before the
Council at all stages of the proceedings concerning
them to state or defend their positions on the issues
that are the subjects of or are related to that scrutiny. At
present, such participation is unfairly limited by rules
37 and 38 of the provisional rules of procedure. Under
rule 37, a State Member of the United Nations that is
not a member of the Security Council may be invited to
participate only as a result of a decision of the Council
and only when the Council considers that the interests
of that non-member are specially affected or when that
non-member brings a matter to the attention of the
Council in accordance with Article 35(1) of the
Charter. That is a denial of due process, which is a
violation of the basic principle of the rule of law. Due
process and the rule of law require that a party must be
heard before it is condemned.
Then, under rule 38, while any State Member of
the United Nations that is invited to participate under
rule 37 or in application of Article 32 of the Charter
may submit proposals and draft resolutions, these
proposals or draft resolutions can be put to a vote only
at the request of a representative on the Security
Council. If the proponent State has no friends in the
Council, the right to make proposals is rendered
meaningless, making the proposal or draft resolution
an exercise in futility.
Thus, the Philippines recommends that rule 37 be
amended to provide that a State Member of the United
08-49242
Nations that is not a member of the Security Council
but which is under its scrutiny has the right to be
present and to be heard during all proceedings related
to such scrutiny and in any subsequent action that may
arise therefrom. Further, the Philippines also
recommends that rule 38 be amended to provide that
proposals or draft resolutions submitted by such a State
be discussed, acted upon and subject to a vote by the
Security Council without a prior request from a
Council member.
Thirdly, in view of the great increase in the
general membership of the United Nations, there is a
need for the Security Council to hear the views of that
general membership. Hence the Council should
increase the number of meetings, including informal
meetings, that are open to the general membership at
various stages of its consideration of a particular
matter. Such an approach will further promote
accountability and transparency and tend to invite the
general membership's more active cooperation with the
Council on the implementation of decisions taken on
that matter. Necessary changes resulting from this
approach could be set forth in chapter I of the rules of
procedure.
Fourthly, in compliance with the requirements
stemming from the principles of accountability and
transparency, the Security Council should consider the
wisdom and propriety of granting the wish of Member
States, particularly non-Council members, to receive
full information on issues discussed by the Council.
Non-Council members expect output documents to
faithfully and truly reflect discussions and
deliberations in the Council. It has been observed that,
as presented now, the annual report is not actually a
report in the true meaning of the word. The repertoire
of the practice of the Security Council, issued as
requested in paragraph l(b) of General Assembly
resolution 686 (VII) (5 December 1952), is useful and
a veritable constitutional guide to the proceedings of
the Security Council. The Council should look into the
way the repertoire is crafted in order to see how
information could be presented beyond mere simple
documentation.
The Security Council should also consider
releasing periodic reports or substantive summaries to
the General Assembly on matters the Council is seized
with during the course of each year. Periodic reporting
would enable the General Assembly and the general
9
membership to gain a more current appreciation of the
status of matters before the Council.
We hope to see the light at the end of the tunnel
on the issue of reform of the Security Council's
working methods within a reasonable time frame.
The President (spoke in French): I now give the
floor to the representative of Canada.
Mr. Normandin (Canada): Mr. President, Canada
welcomes the opportunity to address the Security
Council on the important issue of its working methods,
and I would like to thank you for convening this
meeting.
As we all know, the Security Council has a
central role in safeguarding international peace and
security and in leading collective responses to today's
security challenges. With more than 90,000 military,
police and civilians deployed in peace support missions
worldwide, the decisions of the Security Council affect
the daily lives of millions of people. There is therefore
a genuine urgency in ensuring that the Security Council
is accountable, inclusive and transparent in its
decision-making processes.
The President's excellent concept paper has laid
out the progress made since the issuance of the note of
the President of the Security Council in July 2006
(S/2006/507). Canada welcomes this progress.
However, it is also clear that much more work needs to
be done.
Regardless of the outcome of the ongoing
discussions on expansion of the Security Council, it is
a reform of the working methods that will have the
greatest impact for most small- and medium-sized
States, in particular with regard to the effectiveness of
the Council and the legitimacy of its decisions. In this
regard, Canada feels that immediate progress is both
necessary and possible.
For the vast majority of Member States, of
course, membership on the Security Council is a rare
occurrence, while the decisions of the Security Council
affect us all greatly. While it is clear that each Council
member must act in accordance with its national
conscience, the wider membership has a legitimate
interest in knowing how those decisions are made and
in contributing to them as appropriate.
For this reason, we urge the Council to redouble
its efforts to enhance transparency through the
10
increased use of public meetings. We acknowledge that
there is occasionally the need for private meetings, for
example, if the very resolution of a conflict hinges on
discreet and confidential negotiation or consultation.
But most meetings, such as briefings provided by the
Secretariat, do not need to be conducted in private.
Canada strongly supports the recommendation
contained in the President's concept paper that the
Council should give a clear explanation of the rationale
for the adoption of specific meeting formats and should
set forth the objectives for each meeting.
Canada also urges the Council to increase
consultations with the broader membership, for
example, by making more frequent and systematic use
of informal exchanges and by increasing the regularity
of substantive briefings for non-Council Member
States, including on the work of subsidiary bodies. In
particular, consultations with troop-contributing
countries and major stakeholders and financial
contributors should be strengthened, so that their input
can be taken into account prior to the establishment or
renewal ofa mission.
We would also encourage the Council to expand
and deepen the practice of public and open debates,
which allows the membership to contribute their
perspectives and ideas.
We commend the Council for increasing the
number of briefings for Member States over past years,
particularly on the monthly programme of work, which
has proven to be very useful. However, this practice
should become a systematic one and not one that
depends on the goodwill of the incumbent presidency.
(spoke in French)
The Security Council would also benefit from a
serious consideration of the use of the veto. We all
know the inhibiting effect that the veto - or even the
threat of the veto - can have on Council deliberations.
There have been several regrettable occasions in recent
years when the spectre of the veto had the effect of
dampening debate and delaying much-needed action.
But the veto is not, and was never meant to be, a
tool for avoiding debate on certain issues. For that
reason, Canada believes that any use of the veto should
be publicly explained and justified. We also strongly
believe that the veto has no place in deliberations on
situations of genocide, crimes against humanity and
war crimes. We urge the five permanent members of
the Security Council to commit to voluntary
restrictions on its use in those situations.
Given the importance of the issue, Canada hopes
that this open debate will not be a stand-alone event. It
has been 14 years since the last open debate on
Security Council working methods was held, and the
membership can not afford to wait that long again.
Canada supports the suggestion put forward by
the group of five small countries, that the Security
Council Informal Working Group on Documentation
and Other Procedural Questions be mandated to
undertake a comprehensive review of note of the
President of the Security Council (S/2006/507), and
that the Working Group present its findings to the
Security Council, preferably in an open debate before
the end of 2008.
In conclusion, Sir, I would like to thank you
again for convening this meeting, which is a significant
step towards making urgently needed reform. This
reform will inevitably be an ongoing process, and one
in which both members and non-members of the
Security Council will need to engage. However, it is
also an area where early action leading to tangible
results for Member States is possible. Canada looks
forward to engaging constructively on this process in
the months ahead.
The President (spoke in French): I now give the
floor to the representative of the Islamic Republic of
Iran.
Mr. Danesh-Yazdi (Islamic Republic of Iran): I
wish to extend our appreciation to you, Mr. President,
for convening this important debate on the working
methods of the Security Council. I also thank the
Permanent Representatives of the group of five small
nations - the S-5 - for having requested this timely
meeting.
Fourteen long years have elapsed since the
Council last addressed this issue. That is indeed an
indication of the fact that the reform of the Security
Council, which is of paramount importance for the
overwhelming majority of the Members of the United
Nations, has not been accorded due attention, in
particular as a result of reluctance on the part of some
permanent members of the Council. We hope that open
debates such as this one will be convened on a more
regular and frequent basis to highlight the importance
of the issue under discussion.
08-49242
The note by the President of the Security Council
and its annex, which are contained in document
S/2006/507, is an important, although modest, step in
the right direction. It reflects certain measures agreed
upon among Council members in order to enhance the
efficiency and transparency of the Council's work, as
well as its interaction and dialogue with non-members
of the Council. However, that document is not
inclusive and its provisions have not been adequately
implemented in the past two years. Despite the
emphasis that the overwhelming majority of Member
States have all along placed on the necessity of
bringing transparency and openness to the Council's
working methods and its decision-making processes, to
date, apart from isolated steps taken in that regard, the
working methods of the Council have in reality not
undergone major improvements.
The manner in which the Security Council
functions at present and its failure to adequately
improve its working methods and decision-making
processes have brought about a situation where we are
witnessing a decline in trust in this important organ in
international public opinion. In turn, that trend has led
to the loss of standing and credibility in the Council in
the eyes of the general membership. In accordance
with Article 24 of the Charter of the United Nations,
the Security Council should act on behalf of all
Member States; but in reality, if there is one thing
missing in the exercise of many of the Council's
functions and the taking of its decisions, it is that very
principle.
Not only do the Council's decisions decreasingly
reflect the wishes and views of the overwhelming
majority of the Member States of the Organization, in
many cases they do not even represent the genuine
opinion of the whole of its own membership. Despite
the requirement contained in paragraph 42 of the
President's note calling for consultation by the Council
with the broader United Nations membership - in
particular, interested Member States, including
countries directly involved or specifically affected -
when drafting, inter alia, resolutions, presidential
statements and press statements, in many cases the
general membership and even the countries concerned
are kept totally uninformed of the negotiations on draft
resolutions or statements directly affecting them, let
alone being asked their views on the Council's
outcome documents. That is also the case with regard
to non-permanent members, which frequently face
11
situations of secretive negotiation between a few
permanent members on important issues.
A legitimate question therefore arises: whether
the outcome of such non-transparent, exclusive and
political procedures can represent the points of view of
the entire membership. How can one expect Member
States to implement decisions that are made without
even minimal engagement on their part, or even
without their knowledge?
There are numerous other instances in which the
Council has failed to honour its responsibility as
regards the rights of non-Council members. They
include, inter alia, the Council's refusal to allow non-
members of the Council to participate in discussions on
matters affecting them and their interests, in total
disregard of Article 31 of the Charter; its denial of
concerned countries' right to brief it on their positions
on issues having a direct effect on their national
interests; its continuation of a trend of selective
notification as to the holding of its meetings; its failure
to convene regular daily briefings; and its denial of the
right of reply to countries against which allegations are
raised under certain meeting formats of the Council.
It is indeed noteworthy that some Council
members are adamant in their reluctance to implement
the decisions on the working methods of the Security
Council that they have agreed to, as contained in
document S/2006/507. In that context, for instance,
although paragraph 29 of the annex to that document
stipulates that "when non-members are invited to speak
to the Council, those who have a direct interest in the
outcome of the matter under consideration may speak
prior to Council members", on many occasions the
Council has denied an opportunity to countries
concerned to speak before a vote is taken, instead
allowing them to speak only after the Council had
taken a decision and is members had made their
statements.
Hasty and unnecessary resort to Chapter VII of
the Charter of the United Nations and the threat or use
of sanctions in cases where no actions have even been
necessary, are other disturbing facts that have
undermined the credibility and legitimacy of the
Council's decisions. More alarming are the various
cases in which certain permanent members of the
Security Council have attempted to exploit this body as
a vehicle to pursue their own national agendas.
Undoubtedly, impartiality, transparency and
fairness are key premises on which the Security
Council should base its approach in discharging its
Charter-mandated responsibilities. To increase the
transparency of its work and improve its working
methods, the Council should seriously take into
consideration the relevant provisions of the Charter, as
well as the resolutions that clarify its relationship with
the General Assembly and other organs of the United
Nations.
The Security Council's norm-setting and law-
making are also part of another increasing trend that
runs counter to the letter and the spirit of the Charter of
the United Nations. In accordance with the Charter, the
General Assembly, as the chief deliberative, policy-
making and representative organ of the United Nations,
is primarily entrusted with the task of the progressive
development and codification of international law. As
stated by the representative of Cuba in her statement on
behalf of the Non-Aligned Movement, to which we
subscribe, the Security Council's increasing
encroachment on the prerogatives of other main organs
of the United Nations - in particular those of the
General Assembly and the Economic and Social
Council and their subsidiary bodies, as well as such
technical bodies as the International Atomic Energy
Agency - is also of particular concern to Member
States.
A case in point is the imposition of the
consideration by the Security Council of the peaceful
nuclear programme of the Islamic Republic of Iran. In
the past 30 months, in a politically motivated move
orchestrated by a few of its permanent members, the
Security Council has taken unlawful, unnecessary and
unjustifiable actions in adopting resolutions against the
Islamic Republic of Iran in connection with its
peaceful nuclear programme, which presents no threat
whatsoever to international or regional peace and
security. Those actions have been taken against our
nation only because we have decided to exercise our
inalienable right to peaceful uses of nuclear
technology, as enshrined in and permitted by the Treaty
on the Non-Proliferation of Nuclear Weapons.
I wish to conclude by briefly addressing issues
pertaining to the enlargement of the Security Council.
Clearly, despite the extensive debates in the General
Assembly's 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 over the past
15 years, no significant progress has been made on the
substantive aspects of Council reform, such as its size
and composition and the veto power. We concur with
the view that the composition of the Council does not
represent the realities of the international community
today and that this issue should be thoroughly
addressed and resolved in any meaningful reform of
the United Nations. In our view, meaningful reform of
the Council will be possible only through creating a
situation where the question of under-representation of
developing countries in the Council is seriously dealt
with and where the question of the representation of
nearly 1.5 billion Muslims is adequately and
satisfactorily addressed. Every effort should be made
to render the Council more democratic, representative
and accountable. Iran stands ready to contribute to the
achievement of that goal.
The President (spoke in French): I now give the
floor to the representative of Ecuador.
Ms. Espinosa (Ecuador) (spoke in Spanish): First
of all, my delegation would like to thank you,
Mr. President, for having accepted the proposal to hold
an open debate on the working methods of the Security
Council. We would also like to congratulate the
Member States that promoted this initiative. This
decision is an important contribution to the efficiency
and transparency of the Council's work, but above all it
is crucial step towards establishing authentic
interaction and a genuine dialogue between the Council
and all of the States Members of the Organization.
Since the last time that the Council held an open debate
on this matter, 14 years ago, we have seen some
progress. However, we must point out that the
implementation of the measures that are set out in
document S/2006/507 has been insufficient and lacking
in regularity and firmness.
In failing to apply those methods and thus failing
to improve its working methods, the Council has
overlooked the fundamental premise that its actions are
carried out on behalf of and in representation of all
Member States. Likewise, it is important to point out
that, even though the Council's agenda focuses on
specific issues, the decisions that are adopted have a
direct impact on all Member States. In recent years, we
have witnessed various conflict situations that are
unpredictable or have remained unaddressed, and
which today pose a challenge to the Council and the
United Nations in terms of adopting the right decisions.
In many cases, those decisions go beyond discussions
on the political or security issues, and lead us to reflect
on the legal implications, within the context of
international law.
New threats and emerging situations have
permanently changed the nature of the Council's work.
That is why it is crucial to improve its working
methods and to provide it with the necessary efficiency
to respond appropriately to conflict. In that respect,
Ecuador believes that it is crucial that the Council hold
open debates on a regular basis, in an interactive
format and with enough time so that non-member
States can contribute effectively to the decision-making
process.
Likewise, my delegation would like to recall the
commitment of the Council to hold more public
meetings. Although private consultations are one of the
instruments that facilitate the adoption of decisions,
they were first designed as an exception, and cannot
continue to be applied as a rule. It is crucial that all
Member States be able to express their opinion on
specific situations, especially those countries that are
directly involved or especially affected by them, as
should regional organizations, to which the United
Nations Charter has given an important role in dispute
settlement. My delegation believes that combining
more informal public meetings with briefings by
Special Representatives of the Secretary-General,
special envoys or Secretariat officials, and establishing
specific objectives for every meeting would help to
prevent excessively lengthy sessions and the
unnecessary repetition of items.
It is also important to step up interaction with
troop-contributing countries when the Council has
decided to implement, extend or adjust the mandates of
peacekeeping operations. My delegation is convinced
that those countries have the necessary experience and
information to conduct a more objective assessment of
the situation on the ground, which would undoubtedly
lead to improving the decision-making process.
Those formats, however, should not turn into yet
another ritual in which the Council simply goes
through the motions. To effect real change, the
opinions of non-Council-member States, stakeholders
and regional organizations must be properly taken into
account in adopting resolutions or presidential
statements.
Improving the Council's working methods is a
decision that cannot wait any longer, largely because
the Council's legitimacy depends on it. Even though
Security Council reform requires a comprehensive
approach, the effectiveness of the working methods of
the Council cannot and should not be made dependent
on enlargement criteria. My delegation hopes that the
ideas expressed in this debate will receive the
appropriate follow-up and lead to concrete actions,
along with a continuous process of discussion and
review.
The President (spoke in French): I now give the
floor to the representative of Liechtenstein.
Mr. Frommelt (Liechtenstein): As a member of
the group of five small countries (S-5), we are grateful
for the Security Council's positive reaction to our
request to discuss the working methods of the Council
in an open debate. Our gratitude goes to you, in
particular, Mr. President, for preparing a concept paper
(S/2008/528, annex) as a basis for our discussion
today.
This is the first time since 1994 that the Council
has taken up this topic in an open format. The French
representative, on whose initiative that debate took
place, commented at the time that "there is a certain
uneasiness in relations between the Security Council
and Members of the United Nations" (S/PV3483, p. 2).
That could certainly also be said today, and it is our
hope that today's debate will help overcome some of
that uneasiness.
The 8-5 group established itself in early 2006,
after the 2005 World Summit had failed to take action
on Council reform. We took that step in light of two
developments. First, many States are less and less
likely to ever serve on the Council, or they will do so
only at very widely spaced intervals. Secondly, the
Council's work has an immediate impact on an ever-
increasing number of Member States, beyond those on
the agenda of the Council. We strongly believe that
improvements in the working methods of the Council
should take into account the changing nature of its
work. Such improvements are essential for the
Council's legitimacy and effectiveness, and they
should not be made conditional upon enlargement. The
Council responded by adopting the presidential note
contained in document S/2006/507. We welcomed that
note, while it fell short of our ideas and expectations.
The 2006 note is a good document, containing
numerous useful measures, but we have also noted that
application of those measures has been uneven and
inconsistent. Some Council members treated the
measures as an a la carte menu to choose from - an
approach that is contraindicated by the note itself. In
recent months, there has seemed to be less and less
awareness of the measures in the note among Council
members. The frequency of meetings of the Informal
Working Group on Documentation and Other
Procedural Questions has decreased rapidly. We hope
that this debate will bring some of the previous
dynamic and energy back to the Working Group.
Our comments today will focus on measures in
the note relating to access. Access of non-members to
the work of the Council is crucial for the effectiveness
and legitimacy of its work. First, in that note, the
Council reaffirmed its commitment to increase
recourse to open meetings. It contains a useful
summary of the meeting formats available to the
Council. Public meetings can involve briefings,
following which only Council members deliver
statements, and provide a very useful format that
should be used more frequently. Under the current
practice, United Nations officials often brief the
Council in private meetings, even if non-members have
a strong interest in the matter under consideration. We
encourage the Council to conduct such briefings in an
open format, as a general rule. It is obviously the
Council's prerogative to meet thereafter in a closed
format for informal discussions.
Secondly, open debates are, in principle, a very
useful tool that should be applied regularly. At the
same time, the current practice has to a certain extent
become a ritual and has little or no impact on the
Council's decision-making. The timing of such debates
should be revised in order to allow non-members to
offer their input prior to the Council's decision-
making. Such meetings could also be held in a more
informal, interactive format, for example in the context
of an open briefing on the relevant report of the
Secretary-General. Seeking the views of the wider
membership is a necessary element of the Council's
mandate to carry out its functions on behalf of all
United Nations Member States. Such processes should,
therefore, be initiated more frequently, also by
non-members.
Thirdly, access by non-members to the sanctions
committees remains a crucial topic. While the note
states the requirements, the practice leaves room for
improvement. Earlier this year, we asked to meet with
the 1267 Committee, as part of a group of States, to
discuss relevant matters. However, the request was
only taken up after extensive consultations within the
Council. The meeting eventually took place, but there
was only limited substantive response from the
Committee, and there was no continuation of that
dialogue when the Council drafted resolution 1822
(2008). We believe that improved access to the
sanctions committees would benefit the Council and
the implementation of sanctions.
Finally, the Council could make greater use of
informal consultations with interested Member States,
as urged in the note. Informal consultations should
offer the opportunity for Council members to listen to
the views of such States, in particular when the States
are directly affected by a decision under consideration.
We appreciate the heavy workload and the time
constraints under which the Council is conducting its
work. We acknowledge the improvements that have
been made. Further measures to improve efficiency are
necessary to enable the Council successfully to carry
out all its tasks. Discussing issues in specific
configurations, such as in the Peacebuilding
Commission, could be an interesting format in the
future.
Our ideas on access are not meant to involve
greater consumption of time or to constitute an
additional burden for the Council. Instead, they are
straightforward and aimed at improving the quality of
the decision-making process. Our interest in improved
working methods is driven by our belief that the
Council's role must be further strengthened and that its
effectiveness can be improved. We appreciate the
willingness of the Council to meet in this format today
and hope that the dialogue on these issues can be
continued later this year.
The President (spoke in French): I now give the
floor to the representative of Argentina.
Mr. Garcia Moritan (Argentina) (spoke in Spanish): First of all, I should like to thank you,
Mr. President, for the way in which you are conducting
the work of the Council this month and for convening
this open debate on a theme of such great importance.
Our country was a member of the Council when
the reforms contained in presidential note S/2006/507
were adopted in July 2006. In the Informal Working
Group on Documentation and Other Procedural
Questions, under the presidency of Japan, we
witnessed how difficult is to change the practices and
procedures that were not very transparent, established
by the permanent members over the past years. The
effort to improve the working methods of the Council
had started in earlier years. Allow me to recall the role
of Argentina, together with the delegation of New
Zealand, in the establishment of meetings to exchange
information with troop-contributing countries during
the 1990s.
We believe that the agreements reached in 2006
are positive but also insufficient. It is necessary to
continue the progress towards greater democracy in the
Council and greater openness to the membership,
which will greatly contribute to a more effective
organization.
Here, I should like to recall some of the proposals
we have made regarding the Council's working
methods. First, we must undertake an annual or
biannual revision of mandates and recommendations in
the case of conflicts that we all know will last a long
time. Council members should make the greatest effort
to focus the debate on specific action-oriented
proposals and decisions. In that regard, the Secretary-
General or the Special Representatives should place
more emphasis on the necessity to receive advice or
guidance from the Council. It is also necessary to
establish more frequent contact between the principal
organs of the United Nations, so as to mitigate negative
perceptions of the Council and to achieve more
coordinated joint action.
Meetings between the Presidents of the General
Assembly and the Economic and Social Council with
the Security Council president of the coming month
could be organized in relation to the Council's agenda.
We believe that regional groups could play an
important role here, increasing the legitimacy and
accountability of the Council.
We must also be more effective in public
meetings with regard to the use of time. States that are
not members of the Council could also contribute to
the work of the Council committees with their
experience of or participation in the region of the
conflict in question. Another point is that we must
produce an annual report that is more analytical and
substantive, and at the same time avoid lengthy
negotiation over its contents.
With regard to other matters, I shall mention very
briefly the question of the veto and its limitation,
which is an issue that belongs to the General Assembly
and the Open-Ended Working Group on Security
Council Reform. Despite that, we believe it is
necessary to mention it in this open debate, since its
use and the threat of its use operate as a procedural
device when permanent members pursue their national
interests, a process that affects both the working
methods and the effectiveness of the Council in
achieving its objective of enforcing international peace
and security. In that respect, we note our regret and
concern over the more frequent use of the veto this
year.
Finally, we once again call upon the Members of
the Organization to reach an agreement on Council
reform, based on a transitional approach, without
winners or losers, that would make it possible to
resolve the current impasse that has lasted a long time,
14 years to be precise.
The approaches proposed by the facilitators and
the task force on Security Council reform established
by the President of the General Assembly could lead to
a reformed Council that is more democratic and
efficient. For this, transparent and effective working
methods are also required. The Council must also
become more dynamic and incorporate more regional
decision-making.
The successive failures of the Council show that
the permanent members have not kept their part of the
bargain struck in 1945: permanent seats and a veto in
exchange for responsibility to the broader membership.
Indeed, they are clearly making any attempt at reform
in terms of composition or working methods
impossible. It is time for them reconsider and to make
possible true change that will revitalize the
Organization and enable it to fulfil its purposes and
principles.
The President (spoke in French): I now give the
floor to the representative of Austria.
Mr. Ebner (Austria): My delegation would like
to thank the Belgian presidency for convening today's
open debate on the working methods of the Security
Council and for preparing an excellent concept paper
(S/2008/528, annex) to guide our discussion. We
welcome the opportunity to discuss the implementation
of the measures contained in presidential note
S/2006/507 of 19 July 2006 in the Security Council in
this open format and are grateful to Costa Rica, Jordan,
Liechtenstein, Singapore and Switzerland for this
initiative.
The very fact of the holding this open debate is in
itself an important contribution to enhancing
transparency and interaction between the Council and
the United Nations membership at large. Austria has
supported these efforts from the very start and was one
of the 10 non-members of the Council that participated
in the last open debate of the Security Council on its
working methods and procedure, in 1994 (see S/PV.3483). We are pleased to see that today's list of
speakers is much longer, and we hope that open
debates on this issue will be convened on a regular
basis.
As has been outlined in the concept paper, since
the issuance of the 2006 presidential note considerable
progress has been made to increase the Council's
transparency and efficiency, as well as its interaction
with non-members of the Council. We wish to express
our appreciation for the efforts of the Informal
Working Group on Documentation and Other
Procedural Questions. However, we believe there is
room for further progress.
In addition to transparency, interaction and
efficiency, the issue of improving the working methods
of the Security Council is central to the functioning of
the Council in general, the effectiveness of its
decisions and the strengthening of the rule of law.
Since the effectiveness of the implementation of
Council decisions depends on compliance by Member
States, their involvement will increase the
understanding, acceptance and implementation of
Council decisions.
As is well known, Austria is a long-time advocate
of the rule of law. In our View, it is imperative to
strengthen the rule of law in all its dimensions: at the
national, international and institutional levels. We
would therefore like to add a few comments to today's
discussion from the broader perspective of the
strengthening of the rule of law.
In the autumn of 2004, Austria launched a panel
series on the role of the Security Council in
strengthening a rules-based international system. A
final report entitled "The United Nations Security
Council and the Rule of Law" was presented in New
York in April this year and issued as a United Nations
document (S/2008/270, annex). The report contains 17
recommendations on how the Security Council could
strengthen the rule of law in its various fields of
activity, many of which are pertinent for today's
debate. I would like to highlight the following three
areas.
First, as the Security Council plays a central role
in promoting the rule of law, the report analyses the
question of how the rule of law might apply to the
Council itself as a creature of law. The report
recommends that the Council should use its
extraordinary powers for extraordinary purposes. The
exercise of such powers should be limited in time, and
it should be subject to periodic review. As a rule, the
Council should allow for representations by affected
States and, where possible, individuals.
Secondly, the report discusses the tension
between effectiveness and legitimacy of Security
Council actions in the context of quasi-legislative
resolutions adopted under Chapter VII of the United
Nations Charter. As the effectiveness of the
implementation of Council decisions depends on
participation by Member States, the legitimacy of those
decisions may depend on participation by Member
States through their involvement in the decision-
making process. The report therefore recommends that
when the Security Council adopts a resolution of a
legislative character that is general rather than
particular in its effect, the legitimacy of and respect for
that resolution will be enhanced by a process that
ensures transparency, participation and accountability,
which should include the holding of open debates on
any such proposals, wide consultation with the
membership of the United Nations and other specially
affected parties and a procedure to review the
resolution within an appropriate time frame.
And thirdly, with regard to targeted Security
Council sanctions and the protection of individual
rights, the report addresses the question of reviewing
listing and de-listing decisions of the Council. While a
number of Security Council resolutions have marked
significant progress in this field, it has still been
questioned whether these measures have satisfied the
2005 World Summit call for "fair and clear procedures"
(General Assembly resolution 60/1, para. 109). The
report thus recommends that the Council should be
proactive in further improving fair and clear
procedures to protect the rights of individuals affected
by its decisions, which should include, as a minimum
standard, the four basic elements listed in the 2006
non-paper of the Secretary-General, annexed to a letter
addressed to the President of the Security Council (see S/PV.5474). The Council should invite the Secretary-
General to present it with options to further strengthen
the legitimacy and effectiveness of sanctions regimes.
We hope that the report and its recommendations
will provide valuable input for the current debate on
improving the working methods of the Security
Council. We understand that some suggestions may
require further discussion. However, we also believe
that a number of concrete steps to further these goals
could easily be agreed. These could include a renewed
commitment to paragraph 3 of the annex to the 2006
presidential note, on briefings after informal
consultations and private debates; improving access to
Security Council meetings for affected non-members of
the Council, including informal consultations; and
enhancing the consultation process with troop-
contributing countries prior to the establishment or
renewal of the mandate of a mission.
The Council's working methods have developed
over the years, and we believe that they will always
remain a work in progress. As the work of the Security
Council changes and adapts to changed circumstance,
so should the Council's working methods. Involvement
of the wider membership will remain key in order to
serve the whole Organization.
As the representative of Austria stated at the open
debate in 1994, it remains
"imperative to find a balance between the need
for swift and effective decision-making and the
need to give all Member States concerned the
opportunity to make themselves heard at an
appropriate time, thus ensuring that their opinions
are taken into account by the Security Council
when decisions are formulated and taken".
(S/PV3483, p. 19)
Today, those remarks remain as valid as ever, as we are
still on a quest to find that balance.
The President (spoke in French): I now give the
floor to the representative of India.
Mr. Sen (India): Thank you, Mr. President, for
scheduling today's debate on an issue which is of
significant importance to all Member States, both
within and outside the Security Council. Let me also
take this opportunity to congratulate you on your
assumption of the presidency of the Council for this
month.
While the Charter confers upon the Security
Council primary responsibility for the maintenance of
international peace and security, paragraph 1 of
Article 24 also stipulates that it acts on behalf of all
Member States in discharging that responsibility.
Accordingly, the Council's working methods have
always been of direct, abiding and immediate interest
to all Member States. That is underscored not only by
the interest of many States in today's topic, but also by
the fact that issues relating to the Council's working
method were identified almost 60 years ago. It was in
April 1949 that the General Assembly unanimously
adopted its resolution 267 (III) on this issue - a
resolution which regrettably remains unimplemented.
However, its adoption underlines that such criticism
has substantial precedent. An equally illustrious
pedigree is shared by the Council's rules of procedure,
which have adamantly remained "provisional" over the
decades.
While we are happy to discuss the Security
Council's working methods in an open debate in the
Council, I must emphasize that this is an issue that
transcends the limited membership of this body. The
extent of interest among non-members of the Council
and the fact that the Council acts on behalf of the
larger membership reinforce the point that the General
Assembly has a legitimate role in deliberating upon the
working methods of the Council.
Nonetheless, the very fact that we are debating
this issue here reflects recognition of the existence of a
problem. Indeed, the note by the President of the
Security Council dated 19 July 2006 (S/2006/507)
voiced some of these concerns by listing some 63
action points. While the concept paper for this meeting
(S/2008/528, annex) assessed the implementation of
those measures, we do not fully share its somewhat
optimistic conclusions.
Troop-contributing countries have also long
sought to be involved in decision-making in
peacekeeping operations, rather than being consulted in
a pro forma manner. Concerns persist over access to
information and documentation; the absence of access
to the Council on particular issues as a matter of
routine for both the country concerned and important
stakeholders; and the lack of systematic access,
including by island and small States, to subordinate
bodies of the Council. All these are recognized to be
among the problems besetting the Council.
While I shall not dwell on problems in the
Council's working methods through a recitation of
various examples - the statement of the Chair of the
Non-Aligned Movement adequately covers the salient
points - there can be no ignoring the growing chorus
of voices that recognize flaws in the Council's working
methods.
Yet, the many flaws in the Council's working
methods are only symptoms of a deeper malaise that
lies in its structure and composition. The problem of
the Council is not only a problem of working methods,
but also one of additional requirements for logistical,
defence and financial capabilities and reinforced
legitimacy, which would lead to wider acceptance and
more effective implementation of optimal decisions.
Thus, the lacunae in the working methods of the
Council cannot be fundamentally rectified without
equally comprehensive reform and expansion of the
membership of the Council in both the permanent and
the non-permanent categories. In that connection, we
endorse the point made by South Africa and other
countries.
It is sometimes argued that we could consider
reform of the Council's working methods as an end in
itself. However, in the real world, achieving genuine,
lasting and necessary improvements in the working
methods of the Council cannot be divorced from an
expansion in the number of permanent members. It is
necessary to underline that point, since earlier we
witnessed an expansion in the number of
non-permanent members, with little improvement in
the Council's working methods. To acknowledge that is
not to denigrate the conscientious and strenuous efforts
of many non-permanent members in the past. However,
their efforts were always doomed to fail, because the
structure of the Council had not changed.
Not the least of the limitations was the fact that,
by their very nature, non-permanent members are
transient and lack the institutional memory necessary
to follow through and implement far-reaching changes.
The challenge of being new members on the Council
also adds to that problem. The very fact that the
arguments that are being made today to improve the
Council's working methods are the very same ones that
have been made for more than 60 years simply proves
the point.
In conclusion, I should like to reiterate our firm
conviction that genuine and lasting improvements in
the working methods of the Security Council can be
possible only as part of a comprehensive process of
Council reform based on both reform and expansion of
its composition in the permanent and non-permanent
categories. It is only when there are new permanent
members that are held accountable to the wider
membership through an appropriate review mechanism
that there will be a genuine response to the long-
standing demand for meaningful and durable changes
in the working methods of the Council. In the absence
of such comprehensive reform, a fundamental
improvement in the working methods would either
escape us, as it has for more than 60 years or, even if
miraculously achieved, would not last without the
institutional memory, continuing commitment and peer
example of new permanent members held accountable
to the general membership.
The President (spoke in French): I now call on
the representative of the Republic of Korea.
Mr. Park In-kook (Republic of Korea): I would
like to begin by thanking you, Mr. President, for
convening this meeting to discuss the working methods
of the Security Council. We believe it is both timely
and appropriate for the Council to have this
opportunity to contemplate this important issue. I
would also like to express my profound appreciation to
the Secretary-General for his interest in and
commitment to enhancing all components of the
Organization.
As shown in the 2006 note by the President of the
Security Council (S/2006/507), it is widely agreed that
the Council's working methods are in need of reform.
In pursuing that objective, consensus should be sought
wherever possible. In particular, if the Council is to
maintain the moral authority necessary to carry out its
primary responsibility under the United Nations
Charter, then it should operate in a manner that is more
open, transparent, consultative and democratic.
In that regard, the Republic of Korea appreciates
the efforts of the Security Council's Informal Working
Group on Documentation and Other Procedural
Questions and welcomes the progress made in fostering
greater transparency and inclusiveness in the work of
the Council.
While private consultations and closed meetings
are necessary in certain situations, we encourage the
Security Council to make more of its meetings and
debates open, while reducing the amount of activity
that takes place behind closed doors. We believe that
participation in the Council's discussions by
non-members that are parties to any dispute under
consideration should be ensured whenever possible.
Similarly, we would like to see more consultations
between Security Council sanctions committees and
those Member States that would be affected by the
sanctions.
Furthermore, transparency would be well served
by more substantive and analytical reports from the
Security Council. Publications and submissions of the
Council could be qualitatively improved to allow the
wider membership to gain more insight into its work.
The Council might start with refining its annual reports
to the General Assembly to add analytical value, rather
than merely giving descriptions of the work of the
Council during a given year.
As a troop-contributing country, the Republic of
Korea finds the Security Council's meetings with such
countries to be very useful and informative. We would
also appreciate having more meaningful and
substantive participation in the early decision-making
process regarding missions in which our troops will be
involved. Likewise, as one of the significant financial
contributors to peacekeeping operations, we would like
the Security Council to keep the General Assembly
informed regarding the budgetary and on-the-ground
implications of the missions that it mandates.
We note with appreciation that the Council has
come up with an inventive way to diversify its working
methods: by establishing working groups on
substantive issues of international concern, such as
children and armed conflict. Such forums allow the
Council to have greater flexibility in undertaking new
tasks as they arise. The Council is encouraged to
continue to use such inventiveness to enhance the
transparency and inclusiveness of its work.
In concluding, I would like to emphasize that the
improvements in the Council's working methods are an
integral part of overall Council reform and that efforts
to improve its working methods should continue.
The President (spoke in French): I now call on
the representative of the Netherlands.
Mr. Majoor (Netherlands): I very much welcome
the opportunity to participate in today's debate on the
Security Council's working methods. I thank you,
Mr. President, having taken the initiative to convene it,
and I thank the representative of Costa Rica for having
proposed it. This debate is timely, even though the
broader subject of Security Council reform has been
actively discussed at various levels since the 2005
World Summit. Many of us have played a role in
moving the issue forward; I had the privilege of taking
up the subject of the Council's working methods as a
facilitator to the President of the General Assembly.
Some members have been particularly active within the
Security Council and deserve to be commended for
their work - notably, the successive Chairs of the
Security Council's relevant Informal Working Group:
the representatives of Japan, Slovakia and now
Panama.
The importance of Security Council reform
cannot be overemphasized, and I believe there is a
broad consensus that, during the sixty-third session of
the General Assembly, we should start negotiations on
the various options and proposals on the table.
Following your suggestion, Mr. President, I will
focus in this debate on the particular aspect of the
Security Council reform that concerns the involvement
of States and other parties not members of the Security
Council in the Council's work. That is merely one
aspect, but an important one nonetheless. Options for
reform in this area should be pursued without delay in
View of their importance to the legitimacy of the
Council's deliberations and decisions in specific cases.
Access to the Security Council by non-members can
ensure an important infusion of credibility.
The group of five small States - the 8-5 - has
made very useful proposals in this regard. Others have
made suggestions as well - some more radical than
others, including by non-governmental organizations,
such as Independent Diplomat, which has called for the
introduction of a universal right of address.
These proposals and suggestions have to be seen
in the light of an already developing practice in the
Security Council to be more accessible to
non-members and their views. For instance - and this
should be recognized - access to the Council for
Member States with specific responsibilities in the
Peacebuilding Commission has considerably improved.
Also, as has been pointed out in the Belgian
presidency's concept paper (S/2008/528, annex), it has
become more common for countries directly concerned
by a particular agenda item to take the floor before
Council members.
But more can be done, and there is a need for
clear guidelines. I would suggest that the Security
Council consider providing increased access to its
work along the following lines. I hope that the Security
Council will be willing to look at these proposals
together with many of the other proposals that are
already on the table.
First, as a general rule, State and non-State
parties to a conflict on the Council's agenda, affected
States, relevant regional organizations and interested
non-governmental actors should have the right to be
heard by the Council whenever it discusses a conflict
and especially in the early stages of its consultations.
"To be heard" should mean, as a minimum, that all of
those entities should have the right to submit their
views to the Council in writing and upon their own
initiative. Such contributions should then be distributed
as Security Council documents.
Secondly, all States parties to or directly affected
by a conflict on the Council's agenda, as well as
relevant regional organizations, should have the right
to speak before the Council. They must be able to
exercise that right by making a simple request to the
Council, as appropriate and subject to the Council's
agenda. Such a request should be granted
automatically. This right should extend beyond the
Council's subsidiary bodies and should include the
Security Council's plenary discussions, either in closed
or open meetings. But this right should not apply in
closed consultations on Council statements or
resolutions.
Thirdly, and similarly, non-State parties to a
conflict should also be given the possibility to address
the Council at their request. However, in these cases, it
must remain the Council's prerogative to decide which
of these requests it is to grant and in which specific
situations. The Council may limit access to its
deliberations to written contributions, which, as
pointed out, should be all parties' basic right. This
basic right can be denied only to those parties that have
been blacklisted by the Council as terrorist
organizations.
With these few measures, my delegation believes
that the Council can ensure the necessary
democratization of its working methods. Most
important, these measures can ensure that all parties
that could be part of a political solution to a particular
conflict are heard.
I am talking explicitly about the right and need to
be heard. It should be clear that the right to decide
must remain exclusively with the members of the
Security Council. But their decisions will gain more
weight and credibility once all relevant parties have
been given the opportunity to make their inputs at the
early stages ofthe decision-making process.
As I said previously, I hope that the Council will
consider these suggestions, together with the many
other ideas and proposals that are already on the table.
The President (spoke in French): I now give the
floor to the representative of Tonga.
Mr. Tupouniua (Tonga): I have the honour to
speak on behalf of the Pacific small island developing
States, comprising Fiji, the Federated States of
Micronesia, the Marshall Islands, Nauru, Palau, Papua
New Guinea, Samoa, Solomon Islands, Tuvalu,
Vanuatu and my own country, the Kingdom of Tonga.
I wish to take this opportunity to congratulate
you, Mr. President, for your strong leadership in
convening this open debate to discuss the working
methods of the Council. We share the concerns raised
in the note of the President of the Security Council
(S/2006/507). We would like to acknowledge the work
of the group of five small States, the S-5. We hope this
debate offers constructive and practical advice for the
Council in the light of the increasing workload and the
competing interests that demand the Council's
attention.
The Pacific small island developing States also
share the concerns outlined in the presidency's concept
paper (S/2008/528, annex) and the focus on improving
the Council's efficiency, transparency and interaction.
The efficiency of the Council is of paramount
importance to the maintenance of international peace
and security. New conflicts have emerged since the end
of the cold war. As a result, the Council has been called
upon to address these issues and to devote its resources
and attention to meeting the increasing demands for
peacekeeping and conflict resolution.
The Council's workload grew exponentially in
the early 1990s, causing the Council to evolve from a
body that for decades met only sporadically into one
that held 272 formal meetings and 193 informal
consultation sessions in 2006, an increase of 21 per
cent over 2004 levels. Council output, measured by
resolutions and presidential statements, increased by
36 per cent over the same period.
The increase in the demand for the Council's
involvement in conflict resolution is reflective of the
changing times. More than ever, our collective well-
being depends upon how we respond, in multiple
forums, to emerging cross-cutting issues. Both the
traditional and non-traditional kinds of threat deserve
the attention of the Council. We must widen the scope
of acceptance and address the substantial security
implications of certain cross-cutting issues. In our
view, we believe that we should not become so
inflexible that we deny the opportunity for the Council
to analyse and consider the substantial security
implications of certain cross-cutting issues, such as
climate change.
We emphasize that in his 2001 report entitled
"Prevention of armed conflict" (S/2001/574), the
Secretary-General noted that in the last century,
collective security was often pursued by the Council
through reactive rather than preventive means, and was
defined almost exclusively in military terms. The
Secretary-General pledged to move the United Nations
"from a culture of reaction to a culture of prevention"
(para. 4) and specifically referred to creative tools at
the Security Council's disposal to increase utilization
of proactive strategies. The Secretary-General
encouraged the Council
"to consider innovative mechanisms, such as
establishing a subsidiary organ, an ad hoc
informal working group or other informal
technical arrangement to discuss prevention cases
on a continuing basis, particularly in regard to
periodic regional or sub-regional reports as
well as other early warning or prevention cases
brought to its attention by Member States".
(para. 39, recommendation 3)
Bearing in mind the Secretary-General's 2001
report, we note that the Council has a truly unique skill
set that it can engage to address the security
implications of climate change. That can be
accomplished in ways that are outcome-oriented but
which do not overburden the Council's workload and
which complement existing agreements.
The need for the reform and the improvement of
the working methods of the Council is obvious. The
Council has never been static and has always
responded to new challenges to international peace and
security. Examples are found in the establishment of
peacekeeping and post-conflict peacebuilding
processes.
Today, new challenges such as climate change
threaten international peace and security. The working
methods have to be flexible to address such challenges
while taking the increasing workload of the Council
into consideration. It is important that the working
methods adapt to the urgent need to address the
security implications of emerging cross-cutting issues
such as climate change and that they take a proactive
approach to the maintenance of international peace and
security.
The Pacific small island developing States would
therefore like to reiterate their position that meaningful
reform of the working methods of the Security Council
should be included in the intergovernmental
negotiations mandated to commence during the current
session of the General Assembly. Open negotiations
will give all Members of the United Nations a voice
and will certainly help the Council to be more
effective, efficient, transparent and democratic in the
future.
The concept paper (S/2008/528) identifies
transparency as one of the major challenges for the
Council in reforming its working methods. We share
the concern about the need to strike a better balance
between private consultations and the commitment to
conduct more public meetings. Several issues,
including the following, need to be considered by the
Council.
First, the Council has increasingly shifted from
open to closed meetings when conducting its affairs.
We hope the Council can take into account the impact
of its decisions on non-members and increase the
number of open debates and meetings.
Other issues include the provision of more
regular structured briefings to help address the
concerns of non-members and increasing the level of
input from the wider United Nations membership in the
decision-making process to determine the format for a
particular Council meeting. The current process lacks
transparency and is not accessible to non-members.
There is a need to improve the effectiveness of
the wrap-up sessions. In 2001, members agreed that
interactive wrap-up sessions at the end of a presidency
would be a useful exercise. Unfortunately, many of the
wrap-up sessions did not take place, with the last
having taken place in 2005. Such meetings would be
useful for non-members, and in particular for smaller
nations with limited resources, to follow the
proceedings of the Council.
There is also the issue of encouraging and
facilitating better interaction with troop-contributing
countries by conducting regular meetings to discuss
substantive matters and concerns. That is particularly
relevant for troop-contributing countries that are not
members to the Security Council.
The growing number of activities undertaken by
the Council has had a great impact on the membership
at large. Issues such as the contributions of troops
required for major new peacekeeping missions or the
imposition of new sanctions regimes by the Council
have produced impacts on United Nations Members
that contribute to the its peacekeeping forces. That is
particularly important for Pacific small island
developing States, as a number of our countries have
been involved in the peacekeeping process. As non-
members of the Council, Pacific small island
developing States support any efforts to increase
transparency and allow greater participation by the
entire membership of the United Nations.
Many of the agreements reached by the Council
are negotiated through experts meetings, which are not
open to non-members. Although the informal
consultations are made public in the Journal of the
United Nations, the summaries of the discussions are
not readily available. Draft resolutions and statements
are often circulated among the members of the
Council. They are often trimmed and edited before
reaching informal consultations. Such a practice makes
it hard for non-members to be readily informed of the
work of the Council. It also makes it difficult for non-
members to provide meaningful input into the process,
even in rare opportunities such as open debates.
Finally, we have raised a number of concerns and
made several observations regarding the working
methods of the Council. We have outlined the
difficulties faced by non-members, such as Pacific
small island developing States, in having timely access
to the Council's work and being able to effectively
participate in its decision-making process. We hope
that the Council's working methods can be improved to
reflect the increasing need for efficiency, transparency
and interaction.
We are confident that the Council will rise to the
challenge and widen its scope to consider the security
implications of cross-cutting issues such as climate
change. It is also our hope that the Council can address
the issues of the veto and increased membership within
the intergovernmental process, rather than through the
open-ended working group mechanism, and, in the case
of working methods, the Security Council.
The President (spoke in French): I now give the
floor to the representative of Pakistan.
Mr. Amil (Pakistan): I would like to felicitate
you, Mr. President, and the Belgian delegation for your
skilful handling of the Council's work during this
month. Let me also express our appreciation to
Ambassador Le Luong Minh and his team for Viet
Nam's successful presidency in July.
The holding of this open debate on the working
methods of the Security Council is a welcome step.
The group of five small nations, which has made the
issue of working methods its forte, merits our
appreciation for seeking this debate. We also thank
others who supported the initiative.
In carrying out its duties under the Charter, the
Security Council acts on behalf of the States Members
of the United Nations. It is therefore only appropriate
for the Council to know and understand how the
general membership perceives its work and the
methods it employs to carry out that work. The
efficiency and transparency of the Council's work and
its decision-making process are issues of great interest
and importance to a large majority of the United
Nations membership. The improvement of working
methods is the part of the Security Council reform
issue on which there is almost complete consensus
among Member States, irrespective of their positions
on the other aspects, such as an increase in the
membership.
Pakistan fully endorses the comprehensive
statement made by the representative of Cuba on behalf
of the Non-Aligned Movement. We hope that the
proposals set out in that statement, along with other
proposals made during this debate, will be given due
consideration. I would like to take this opportunity to
share a few thoughts.
Having watched the Security Council from both
inside and outside, one can sense and appreciate the
important work that it performs and the heavy
responsibility that it carries. The Council has a wide-
ranging agenda and is increasingly assuming a larger
role in the management of international relations. Its
scope of action extends from pre-conflict peacemaking
to conflict management, peacekeeping and post-
conflict consolidation. It is the only body that can
make binding decisions and obligations and take
enforcement action. Directly or indirectly, its work
concerns and affects all Member States, who in turn are
logically expected to follow and assess its work.
No doubt, there has been some improvement in
the working methods of the Council, and that is to be
welcomed. But it is not enough. Unfortunately, among
the general membership there remains widespread
dissatisfaction about the Council's work and its
decisions. The main objective of those measures in
enhancing the effectiveness and legitimacy of the
Council is thus not being achieved. We are not sure
whether the answer is in identifying a new set of
measures. If we could only implement the existing
ones, it might suffice.
It is interesting to note that many of the measures
mentioned in document S/2006/507 and other
proposals made in the past and in today's debate
regarding the working methods of the Council emanate
directly from the United Nations Charter and its
provisions relating to the Security Council and other
principal organs. An example is Article 24, which, inter
alia, requires that in discharging its duties the Security
Council shall act in accordance with the purposes and
principles of the United Nations. It also requires the
Council to submit annual and, when necessary, special
reports to the General Assembly for its consideration.
Articles 31 and 32 provide for the participation of
non-members of the Council directly concerned with
an issue in the Council's discussions.
There are other proposals that simply seek the
implementation of the Council's own rules of
procedure, which, by the way, remain provisional to
date: rule 48, for example, which states that unless it
decides otherwise, the Security Council shall meet in
public. Provisions for the pacific settlement of
disputes, and enforcement measures when required, as
well as cooperation with regional arrangements are all
mentioned in the Charter. Enhancing the relationship
with troop-contributing countries is an objective
contained in Council's own resolution 1353 (2001).
The General Assembly's Open-Ended Working Group
on Security Council Reform has also deliberated
extensively on these issues in the context of the
so-called cluster II issues, and has made several agreed
recommendations.
Others have spoken on many of these issues, and
I do not want to be repetitive. The crux of the matter is
that these provisions, which are mostly agreed
provisions, are not being faithfully implemented. In
some cases, they are even misinterpreted and misused
or abused. That has a direct negative bearing on the
Council's efficiency, effectiveness and legitimacy.
Thus, we are often faced with questions as to whether
the Council is effective in carrying out its core
mandate, namely, the maintenance of international
peace and security. Has it acted in accordance with the
Charter? Did it reflect the views and interests of the
membership? Did it adequately engage and consult the
Member States directly concerned by an issue? A
review of the Council's agenda and dynamics provides
answers to many of those questions.
In recent years, the Council has been relatively
effective in addressing internal crises. Its record has,
however, been less impressive in resolving inter-State
conflicts. In fact, the Council does not deal directly
with some of the major conflicts and threats to
international peace and security. Some other major
unresolved issues, including in our own region, have
lain idle on the agenda of the Council. However, on the
ground, those are live issues. They pose a threat to
international peace and security. Even on some
important issues, which are on its active agenda, such
as the Middle East, the role of the Council has been
sidelined and viewed by many as ineffective and
partisan.
The determination of the Council's agenda
depends to a large extent on the positions and priorities
of the permanent members and major Powers. We have
witnessed inaction and delay in the Council, even in
the face of the most obvious acts of aggression and
breaches of peace. On the other hand, there is
proaction, even interference in the internal affairs of
sovereign States, even in the absence of a clear threat
to international peace and security. Double standards
and selectivity, including in the implementation of the
Council's own resolutions, threats and the use of force
and other forms of coercion are equally disquieting.
The provisions for the pacific settlement of
disputes remain grossly under-utilized. In contrast,
there is a dangerous tendency to have recourse - too
often and too soon - to measures under Chapter VII of
the Charter. That trend has even created the
impression, though incorrect, that non-Chapter VII
provisions are of a lesser value or are not binding.
As regards the format of Council's open and
closed meetings, there are arguments on the need to
balance confidentiality and efficiency on the one hand
and inclusiveness and transparency on the other.
Irrespective of the preferences of Member States, we
are nowhere close to the coveted balance. It was
acknowledged in the Council's open debate on working
methods 14 years ago that the public meetings had
become more of a formality and everything was
discussed and agreed beforehand in the informal or
closed consultations. The current situation is no
different. The Council remains a closed club. Informal
consultations apart, the Council's real work and
decision-making transpires often in smaller and more
secretive conclaves, which in some cases exclude even
some members of the Council.
It is therefore not surprising that, despite a number
of public meetings, there has been little tangible
improvement in transparency and understanding of the
decision-making process of the Council. While we are far
from implementing Articles 31 and 32 of the Charter, in
the case of informal consultations, there have also been
instances in which the most directly concerned parties
were denied participation in open meetings.
Increasing interaction between the Security
Council and the general membership is a key objective.
The Council's interaction and coordination with the
General Assembly, the Economic and Social Council
and the Peacebuilding Commission is vital for a
comprehensive United Nations approach to peace and
development. As the leading troop-contributing
country, Pakistan has a particular interest in enhancing
the troop-contributing countries' engagement with the
Council and the Secretariat. As others have noted,
those consultation mechanisms should involve a
timely, two-way exchange of information and views,
which should form part of the input for the Council's
decision-making.
While we preserve the central role of the United
Nations, the relationship and interaction with regional
organizations can and should also be promoted in
accordance with the Charter. The Council's enhanced
interaction with the African Union is a good example.
The objective of such partnerships should be to
promote coordination and coherence in policies in
order to pursue the collective objectives of peace and
security.
Enhanced cooperation with regional
organizations also strengthens the concept of regional
representation in the Council. That has great potential
to ensure wider representation of Member States in the
Council. It would also have a positive bearing on the
working methods, since regional representation would
pursue larger group interests in the Council rather than
individual interests.
We are seeking a comprehensive reform of the
Council. The real objective of improving the working
methods is to have a Council that is more transparent,
democratic, representative and effective, thus
enhancing its legitimacy and credibility. The central
and crucial question is whether we can achieve those
objectives by enlarging the coterie of the powerful few,
or by strengthening the democratic representation, role
and influence of the general membership of the United
Nations in the Security Council. We believe the latter is
the right and the only feasible approach. The concepts
of permanency, privilege and special status should have
no place in today's United Nations. The best way of
ensuring the accountability of the Council to the
general membership of the United Nations is through
the addition of non-permanent elected members,
subject to a periodic democratic test by their peers and
the General Assembly.
The United Nations is an indispensable
instrument for the promotion of our shared goals of
peace, development and human rights. We can attain
those goals by following the essence of the Charter,
which is cooperative multilateralism. Sustainable peace
and security can only be achieved when principles have
primacy over power. The world needs a Security
Council that does not always mirror power realities,
but that can also stand up for the weak and the
powerless with moral authority and credibility.
The President (spoke in French): I now give the
floor to the representative of Guatemala.
Mr. Briz Gutierrez (Guatemala) (spoke in Spanish): Thank you, Mr. President, for convening this
open debate and for having distributed the informative
concept paper contained in S/2008/528, with which we
agree on several issues.
My delegation fully associates itself with the
statement made by the Cuban delegation on behalf of
the Non-Aligned Movement, and we would like to take
this opportunity to add - or reiterate - a few
comments that we consider important.
At the outset, we would like to acknowledge that,
even before the publication of the note by the President of
the Council (S/2006/507), which was mainly a
compilation of measures that were already in practice, the
work of the Council has progressively benefited from
greater transparency, effectiveness and interaction.
Nonetheless, we must remember that those improvements
have been made in an ad hoc manner and are not binding.
Each of those improvements responded mainly to the
ability and the will of each presidency to maintain contact
with delegations that are not members of the Council and,
more importantly, to listen to and take into account their
suggestions, observations and concerns.
That is why we agree with other delegations on
the importance of discussing and formalizing the rules
of procedure in order to have the necessary certainty
and predictability to be able to tackle energetically and
flexibly the various questions, whether recurring or
emergency matters, that come before the Council.
It is also important for us to recognize the
increasingly widespread perception that the members
of the Council, in particular the elected members, serve
to represent the membership of the Organization in its
entirety. In our particular case, we would like to thank
the delegations of Costa Rica, Panama and Peru for
keeping the Group of Latin American and Caribbean
States abreast of the activities of the Council over the
past two years.
We take this opportunity to draw your attention to
the pending task of improving the interaction between
United Nations organs, in particular between the
Council and the General Assembly, which leaves much
to desired. Several initiatives taken in recent years that
seem to have been dropped could be taken up once
again. In that regard, we recall the note in document
S/2002/ 199 concerning the content and adoption of the
annual report of the Council to the General Assembly.
We believe that it would be useful once again to have a
report that meets the analytical needs of the rest of the
membership. Not only should it be adopted in a public
meeting, but a public debate on its content should be
permitted. We highly appreciate the efforts of the
delegation of Viet Nam to address this shortcoming by
organizing an informal meeting this year.
At the same time, however, we cannot overlook
the need for consideration of the relationship between
the Security Council and the Economic and Social
Council. Strengthening that relationship is another
major challenge on our agenda. We reaffirm our
conviction that there can and must be a closer
relationship between the two organs; in our View, the
Peacebuilding Commission provides an invaluable
opportunity to deepen and strengthen that relationship.
Those are some of the points we wished to bring
to the attention of the Security Council.
The President (spoke in French): I now give the
floor to the representative of Poland.
Mr. Herczynski (Poland): Let me start by
thanking the presidency for organizing today's open
discussion on the working methods of the Security
Council. The concept paper prepared by the delegation
of Belgium (S/2008/528, annex) and the document
annexed to the presidential note of 2006 (S/2006/507)
can serve as an excellent basis for our discussion. We
would like to underline that it is up to the whole
membership of the United Nations - not exclusively
Council members - to debate on reform of the
Security Council. I hope that today's meeting will
create a good opportunity to assess the ongoing efforts
to improve the transparency, efficiency and
effectiveness of the Council.
The world situation is very dynamic, sometimes
even turbulent and worrisome. Security threats and
challenges put at risk fundamental values and
principles, as well as the very nature of effective
international cooperation. Therefore, only a well-
functioning and transparent Security Council can react
to crisis situations in a timely manner in order to
protect international peace and security.
Poland perceives the enhancement of the
efficiency and transparency of the Council's work as
well as its enlargement as the key issues of Security
Council reform. Such reform should be built on the
assumption that membership not only grants privileges
but, first and foremost, increases responsibilities. We
truly believe that all Security Council members,
particularly the permanent ones, should defend and
secure the fundamental values set out in the Charter. In
no way should they undermine them.
Let me briefly underline some ideas that might be
helpful in our discussion.
First, the Security Council should further enhance
its cooperation with regional organizations, troop-
contributing countries, the Secretariat and the entire
United Nations system.
Secondly, the enlargement of the Council should
ensure the balanced representation of all regional
groups. In this context we reaffirm our conviction that
an additional seat for the Eastern European Group
should also be envisaged, due to its substantial
enlargement in recent years.
Thirdly, we support more active engagement of
non-member States, especially countries directly
affected by conflict situations, in the work of the
Security Council, in particular during the process of
preparing draft resolutions, presidential statement and
press statements.
And fourthly, real improvement of the
functioning of the Security Council should also include
closer consultation with civil society.
Improving both the working methods and the
composition of the Security Council is not only a
question of enhancing the ability of the Council to
function effectively. It is a question of its very
credibility.
In conclusion, I would like to commend all
countries which have contributed to developing and
strengthening the current practices of the Council. My
special appreciation goes to the delegations of Costa Rica,
Jordan, Liechtenstein, Singapore and Switzerland - as
well as to those of Japan and Slovakia, which successfully
chaired the Security Council Informal Working Group on
Documentation and Other Procedural Questions.
The President (spoke in French): There are no
further speakers on my list.
Let me draw some personal conclusions from
today's debate. First of all, I want to thank all of the 45
colleagues who participated in the discussion, as well as
the Secretary-General, who took part in the debate. A
debate like today's offers both an opportunity and a
challenge. It gives all of us - in particular non-members
of the Council - an opportunity to state our views on the
functioning of the Security Council. Our colleague from
the United States used the term "consumer survey"
(S/PV5968, p. 10), which I think nicely sums up one of
the purposes of the debate.
It also poses a challenge. The question of the
working methods of the Security Council continues to
be a sensitive matter, as shown by the fact that 14 years
have passed since the first open debate on the issue,
held in 1994. For that reason, I greatly appreciated the
tone of the statements we heard, which was sometimes
frank but generally very constructive.
In my national statement, I indicated that, if
concrete and achievable ideas emerged from this
debate, I would it take it to be a success. I have in fact
taken note of a good number of such ideas. I also noted
that most delegations highlighted the key role of the
Council's Informal Working Group on Documentation
and Other Procedural Questions and urged it to benefit
from today's debate in order to come back to the
Council as soon as possible with a specific outcome.
Such an outcome would, in my view, likewise provide
both an opportunity and a challenge for all of us. I
hope that today's lengthy meeting will be the first step
in that direction.
The Security Council has thus concluded the
present stage of its consideration of the item on its
agenda.
The meeting rose at 5.30pm.
▶ Cite this page
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