Security Council Research Report: Reform BALMUN IX Reforming the structure of the UN Security Council in order to enhance its efficiency, legitimacy and representativity By Emma Hadré Reformation of the United Nations Since its foundation in October 1945, the United Nations have undergone a process of development and alteration. Experiencing numerous crises such as the Cold War, the Yugoslavian War and the ongoing civil war in Syria, the geopolitical situation and relationships between the member states have experienced extensive change. This applies not only to the geography of states, but also political conditions, standards and, especially, economic power. Nations that, at the time of the UN’s foundation, were weakened by the Second World War or had the status of a Newly Industrialized Country (NIC) recovered and gained strength, becoming some of today’s major economic powers including Japan, Brazil and Germany. Another aspect that makes reforms necessary is the new security situation. Characterized by the 9/11 attacks in 2001 and, the more recent suicide attacks in Paris, Brussels and the Arab world, the nature of security threats has changed. Today, the UN is facing a globally threatful situation that is undoubtedly unprecedented. Globalization causes ever more nations to be involved in the same, yet complex conflict, and affected by the same issues, such as by ISIS in the Arab world, requiring coordination and conversation. Even though member states unanimously agree that change is needed, the nature of a reformation is subject to huge controversy. In September 2003, UN Secretary General Kofi Annan created the “High-Level-Panel on Threads, Challenges and Change”. The 16 members worked out suggestions on a possible reformation that were published in a report in December 2004. A few months later, Annan published another document dealing with his notion of the UN’s future. Aspects that need to be covered by a reformation plan include: Foundation of HRC (Took place in June 2006) Duties and Obligations of the Secretary General Stronger Focus on Development Aid Reformation of the Security Council The reformation of the SC in specific has caused so much controversy, that it was separated from the other aspects and is being discussed separately. Past Reformations of the Security Council After World War II, the Allies, specifically the United States, the United Kingdom, France, China, and the USSR, were determined to prevent future genocides and conflicts from ever reaching the scope of World War II. To secure this, the Allies resurrected President Wilson’s dream of a united world body. At the time, the League of Nations was still in existence, albeit with very little power. The Allies sought to give such a world body power and credibility. To achieve this, the League was disbanded and replaced by the United Nations. In the UN, the Security Council is holding the 1 Security Council Research Report: Reform BALMUN IX majority of power. This Council included, at the time of its foundation, the five allies as permanent members with the right to veto any resolution, and 6 temporary members selected on a rotating basis. The Security Council was intentionally formed as a small body in order to make it more capable of acting effectively in times of crisis. Ineffectiveness had been the defect in the League of Nations, as the body was far too large to come to any consensus. With the establishment of the Security Council, the Allies hoped to solve that problem. Main aspects that are subject to debate are: Categories of membership Veto Right Regional Representation Size and Working Methods Relation to the General Assembly Many nations call for a reformation of membership categories of the SC, criticizing that the regional representation is unequal. Africa and Latin America for example have no permanent seats. Also, the structure of the Council still builds on outdated power structures. Having once been the victors of the Second World War, some of the P5 have been overtaken by other states in their economic strength and influence. With the debate about possible new or reformed seats comes along the debate about the size of the SC as well. The Veto Right of the P5 members is being debated heavily. Disagreement of the veto powers has often enough caused the SC to remain incapable of acting. They did not manage to pass major resolutions on crises such as Cold War conflicts, the Vietnam War, the Soviet-Afghan War, the dispute of Israel and Palestine and the Syrian Civil War. Most of them having caused innumerable and unnecessary casualties, this passivity is the major point of criticism. A possible solution is a limitation of the veto right, restricting it in situations of crimes against humanity or genocide. Yet these situations would deserve detailed definition. Also, some member states believe that it should be possible for the P5 to cast a negative vote without blocking (vetoing) the entire resolution. But the Veto right does not only apply to resolutions. Using the so-called “Pocket Veto” or a thread of veto, the P5 can heavily influence resolutions and clauses before they are even subject to vote. Often enough resolutions are being withdrawn due to such a threat. The veto is also applicable when it comes to amendments to the UN Charter, (making the reformation of the SC even harder,) and the selection of the UN’s Secretary General. Between 1945 and 2008, there have been 261 Vetoes. The working methods and the relation to the GA are rather minor topics in the debate, causing less controversy, but are nonetheless important to consider. Additionally, they attempt to make the SC more transparent and efficient. To amend the Charter, and thus reform the Security Council, it deserves many approvals. First of all, the Security Council has to pass a resolution, which needs the approval of all P5 and at least 9 votes in favor (simple majority). Furthermore, two thirds of the GA have to approve. Only if these conditions are fulfilled (a minimum of 9 votes with no veto in the Security Council, plus two thirds of all countries in the GA), the amendment to the Charter is put into effect. 2 Security Council Research Report: Reform BALMUN IX The past actions, suggestions and successful amendments will be presented in the following timeline: 1945: Foundation of Security Council with 5 permanent members with veto power; 6 nonpermanent members 1963: First wave of decolonization, UN members increase from 51 to 114; the only resolution reforming the SC is passed, adding 4 non-permanent member seats (Resolution 1991) 1979: The topic of SC membership is added to the GA Agenda, but considered only in 1992 1992: Secretary General Boutros-Ghali publishes the “Agenda for Peace” to raise awareness about the issue; request for a report (“requests the Secretary-General to submit to the General Assembly at its forty-eighth session, for its consideration, a report containing comments made by Member States on the subject”) 1993: Publication of the above-named report with member nation’s comments; creation of the OEWG [refer to “Definition of Key Terms”, page 5] publishing reports and suggestions in regular sessions 1997: OEWG suggests to add 5 permanent (without veto) and 4 non-permanent seats according to regional representation 2000: Millennium Summit, final document excerpt: “In the United Nations Millennium Declaration, Heads of State and Government resolved, in respect of on-going deliberations on Security Council reform, to intensify their efforts to achieve comprehensive reform of the Council in all its aspects” (see General Assembly resolution 55/2) 2003: Creation of the High-Level-Panel on Threads, Challenges and Change by Kofi Annan 2004: Publication of two Models A&B by the Panel Model A: six new permanent seats, with no veto being created, and three new two-year term non-permanent seats, divided among the major regional areas Model B: new category of eight four-year renewable-term seats and one new two-year nonpermanent (and non-renewable) seat, divided among the major regional areas The Panel also states that the composition of the Security Council should not be regarded as permanent or unchallengeable in the future. They suggest a review of the composition in 2020. 3 Security Council Research Report: Reform BALMUN IX 2005: The G4 states become more demanding in their bid for a permanent seat; the World Summit takes place; excerpt from the Outcome Document (WSOD): 152. We reaffirm that Member States have conferred on the Security Council primary responsibility for the maintenance of international peace and security, acting on their behalf, as provided for by the Charter. 153. We support early reform of the Security Council - an essential element of our overall effort to reform the United Nations - in order to make it more broadly representative, efficient and transparent and thus to further enhance its effectiveness and the legitimacy and implementation of its decisions. We commit ourselves to continuing our efforts to achieve a decision to this end and request the General Assembly to review progress on the reform set out above by the end of 2005. 154. We recommend that the Security Council continue to adapt its working methods so as to increase the involvement of States not members of the Council in its work, as appropriate, enhance its accountability to the membership and increase the transparency of its work. Other attempts to gain a majority for a draft resolution fail. 2007: The OWEG becomes passive, many call for direct negotiations 2008: Member states agree to enter Intergovernmental Negotiations (IGN); now two groups discuss the reformation with different voting systems leading to opposition of the IGN (the OWEG works with consensus, the IGN with simple majority) 2009: IGN are not successful, reach stalemate 2010-2011: Work on paper to provide a basis for IGN; no consensus; several reviews 2010-2014: Several proposals and draft resolutions fail; the S5 [refer to “Definition of Key Terms”, page 5] dissolve after their resolution failed 2015: A new chair is being appointed, focusing on text-based progress; a framework document is being worked out with contribution of many, but not all member states, it will later be adapted as a basis for IGN negotiations; ACT develops the Code of Conduct, making member states pledging not to vote against a resolution that ends or prevents war crimes, genocide or crimes against humanity, but it is not being adopted (3 of P5 do not agree); the continuity of IGN is being approved 4 Security Council Research Report: Reform BALMUN IX Active Groupings and Positions G4 The Group of Four includes Brazil, Germany, India and Japan. They are the nations most likely to be given a new permanent seat, especially Germany and Japan, as they became second- and thirdlargest financial contributors to the UN in 1992. The G4 suggests the creation of 6 new permanent seats, yet with limited veto power, one seat for each of them and two for African nations. They favor a general enlargement of both, permanent and non-permanent seats and want to continue the discussion about the veto right. Even though they have lately opened up to compromises, their support comes predominantly from Africa. African Group/C10 The African Group’s member states are mostly also part of the African Union, and the two organizations work together closely. Yet, there are major internal divisions about topics such as the Veto Right. The AG demands two new permanent seats with Veto Power for themselves, as well as five non-permanent seats. The fact that they do not present specific candidates for the seats causes a lot of opposition. They do not seem willing or able to compromise a lot. In 2005, the African Group tried to converge with the G4, the group that opposed that plan to split from the AG and formed the C10 (Committee of ten). They consist of Algeria, Congo Brazzaville/Republic of the Congo, Equatorial Guinea, Kenya, Libya, Namibia, Senegal, Sierra Leone, Uganda, and Zambia. Currently, no African country has a permanent seat on the SC. L69 The L69 group has about 40 members, mostly developing countries. They are the states that supported draft resolution L69, that the group is named after, and favor an expansion of both, permanent and non-permanent seats, including a Veto Right for new permanent members. Uniting for Consensus The UfC grouping around Italy encompasses about 12 core members, Italy being the unofficial leader. They oppose the creation of any new permanent seats, endorsing a new category of long-term seats. UfC openly opposes the G4 and African Group’s proposals and is known for using procedural obstacles to hinder the negotiations. The Permanent Five The P5 are the five nations that hold permanent seats and Veto Power in the SC. Often their different policies are the reason of resolutions failing and the SC being unable to take action. They have not come to agree on how to improve the Council. The UK supports the G4 policy, except for the extension of the Veto Right. 5 Security Council Research Report: Reform BALMUN IX France supports the G4 as well as the AG, including the plans to give new permanent members Veto Power. The three others, Russia, China and the USA favor a rather moderate expansion of the SC, keeping the Veto Power for the current permanent members, hence for themselves. Neither of them is very likely to compromise much, not wanting to give away their power. Organisation of the Islamic Conference/OIC In June 2005, their foreign minister called for a permanent Muslim seat on the SC. However, his demand is not very likely to be considered. Definition of Key Terms OEWG “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” Working group appointed by the UN to examine the current situation, give overview about different policies and positions and formulate suggestion and advice Open to all member states, not time-bound Unsuccessfully trying to formulate a plan acceptable to all member nations since about 15 years The S5 “The Small Five” Costa Rica, Jordan, Liechtenstein, Singapore, Switzerland Minor interest group in the reformation debate UN Charter 1945, foundational treaty of the UNO Can, and has been amended several times Article 108/109 comprehend the veto right Article 24: “Security Council primary responsibility for the maintenance of international peace and security” Chapter VII allows to “determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and non-military action to "restore international peace and security" Binding for all UN member states Not subject to any judicial control 6 Security Council Research Report: Reform BALMUN IX Security Council Membership 5 permanent members (see P5) 10 non-permanent members (since 1963) Half of the non-permanent members are re-elected annually (2-year-terms) Regional representation of the 10 non-permanent seats: 3 from Africa 2 from Asia 2 from Latin America 1 from East Europe 2 from West Europe, Canada, Australia or New Zealand There is no direct re-election of a state after serving a 2-year-term Presidency rotates among all members monthly, in alphabetical order The Secretary General of the UN has a permanent seat without suffrage Bibliography Listed according to source http://ourworld.unu.edu/en/united-nations-security-council-reform http://www.centerforunreform.org/?q=securitycouncil http://www.centerforunreform.org/?q=notable-dates-2016 https://en.wikipedia.org/wiki/Reform_of_the_United_Nations https://en.wikipedia.org/wiki/List_of_members_of_the_United_Nations_Security_Council https://en.wikipedia.org/wiki/High-level_Panel_on_Threats,_Challenges_and_Change https://en.wikipedia.org/wiki/Reform_of_the_United_Nations_Security_Council https://www.globalpolicy.org/un-reform.html https://www.globalpolicy.org/security-council/security-council-reform.html https://www.globalpolicy.org/security-council/security-council-reform/transparency-includingworking-methods-and-decisionmaking-process.html https://www.globalpolicy.org/security-council/security-council-reform/regional-representation.html https://www.globalpolicy.org/security-council/security-council-reform/un-documents.html https://www.globalpolicy.org/security-council/security-council-reform/49885.html?itemid=1321 https://www.globalpolicy.org/security-council/security-council-reform/49887.html?itemid=916 https://www.globalpolicy.org/home/200-reform/52474-reforming-the-working-methods-of-the-unsecurity-council-the-act-initiative.html http://www.un.org/en/sc/members/ http://www.un.org/en/sc/about/ 7 Security Council Research Report: Reform http://www.un.org/en/charter-united-nations/index.html http://www.un.org/en/peacebuilding/pdf/historical/hlp_more_secure_world.pdf http://www.un.org/documents/ga/docs/55/a5547.pdf http://www.un.org/ga/president/61/follow-up/securitycouncilreform.shtml http://www.un.org/press/en/2013/ga11450.doc.htm 8 BALMUN IX
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