31 July 1996
This is an update on the work of the five Working Groups of the General Assembly. Since January 1996, under the leadership of the President of the General Assembly, Professor Diogo Freitas do Amaral, representatives of Member States have been engaged in the process of reform of the United Nations in order to enable this unique universal institution to continue being the unifying assembly of World nations and a catalyst for further progress of humanity.
Meetings have been regularly held by all five Groups, with delegations stretching their staff resources to be part of this often slow but important process of building consensus. Meetings are scheduled through the beginning of September and the President expects to have separate reports for presentation to the General Assembly before the end of the Fiftieth Session on 16 of September 1996.
Two of the five Working Groups - have completed their reports. The high-level open-ended Working Group on the Financial Situation of the United Nations concluded its deliberations on 4 June 1996 by approving a report, which it will submit to the General Assembly through the Fifth Committee.
The Open-ended high-level Working Group on the Strengthening of the United Nations System finalized its report on the progress of the Working Group on 25 July 1996.
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 met in several intensive sessions in July and is scheduled to meet in the second week of September to finalize its work on its report.
The Ad hoc open-ended Working Group on an Agenda for Development met both in June and in July to discuss the three chapters of its report. The Group hopes to finalize its work during the week of 3 to 5 September 1996.
The Open-ended Working Group on an Agenda for Peace and its sub-groups have held meetings through 19 July to consider reports of its four sub-groups: on coordination; on preventive diplomacy and peacemaking; on post conflict peace-building and on the question of United Nations imposed Sanctions.
Ambassador H.J. Biorn Lian of Norway, after appropriate consultations, was designated by the President as Vice Chairman of the Working Group, replacing Ambassador Juan Antonio Yanez-Barnuevo of Spain, who returned to his country. The Working Group is scheduled to meet in the second week of September to finalize its reports.
The attached individual status reviews are based on interviews held recently with the Vice-Chairs of four Working Groups and with the Chairman and Vice Chairman of the Open Ended Working Group on an Agenda for Peace.
In a recent public statement, when asked which was the most difficult of the Working Groups to chair, President Diogo Freitas do Amaral, who coordinates the work of all five Working Groups, admitted that the one on the enlargement of the Security Council comes to mind first. It has been difficult enough to agree on a number of changes to the working methods leading to more transparency in the procedures of the Council. Even more difficult is the discussion on the decision powers in the Council, specifically the rights to the veto. On the subject of the size and composition of the Security Council one has to recognize that important differences on key issues continue to exist. Some countries want new permanent members, others do not, and this can become a matter of national concern. For future progress in the Working Group it is of essence to see clarified the position of all of the five Permanent Members. They have the right of veto and without their approval nothing can be accomplished.
Summarizing his views on the status of the Working Group on the Security Council the President said that several proposals have been tabled:
a) The formula 2+3 - which proposes an increase in the permanent membership of the Security Council by two industrialized countries and three developing countries (from Asia, Africa, Latin America and the Caribbean). Simultaneously, it seems that the proposal to only have Germany and Japan become the new permanent members of the Security Council - the so called quick-fix - has been considered unacceptable.
b) Proposals for an increase in the non-permanent membership only. These include schemes for the periodical re-election of a number of Member States as non-permanent members based on various criteria, such as their contribution to the United Nations Peace-keeping operations and to the development efforts of the United Nations.
c) Regional Rotation of Permanent Seats. This concept foresees the assignment of new permanent seats to different regions of the world, and the rotation of those seats among the countries of the respective regions.
All these proposals are still subject to further discussion. Though none of the proposals seems to have the two-thirds majority needed, their substance has been discussed and more clarified, and arguments of different countries are better known. More time is needed for building consensus.
In response to another question on the perception that "the United Nation talks about reforms but nothing changes" the President said that hard and consistent work has been done by the Working Groups. He is confident that the groundwork for reform has been laid and that by the end of the fiftieth session further directions for reform will emerge. He referred to the recent resolution adopted by the General Assembly (A/50/227) on the restructuring and revitalization of the United Nations in the Economic Social and related fields. Under the able chairmanship of Ambassador Oscar de Rojas (Venezuela), he said, the resolution proposes very concrete measures, including the elimination of some offices, merging of others and restructuring of programme.
Working Goup on the Security Council
Working Goup on an Agenda for Development
Working Goup on the financial situation of the United Nations
Working Goup on an Agenda for Peace
Working Goup on Strengthening of the United Nations System
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
Co-Vice Chairmen:
Wilhelm Breitenstein (Finland)
Asda Jayanama (Thailand)
Secretary: Tapio Kanninen (DPA)
During the month of July 1996, 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, held an intensive series of meetings to discuss a draft report of the Working Group to the General Assembly presented by its Bureau.
This preliminary text reviews the history and the proceedings of the Open-Ended Working Group during the 50th Session of the General Assembly. More importantly, it provides a summary of discussions which centered on the working methods of the Security Council; its size and composition; and the decision-making in the Council, including the question of veto.
The final discussions of the report to be presented by the Working Group to the General Assembly are scheduled for the second week of September 1996.
The Working Group began its work on the 28th of November 1995, in a meeting chaired by the President of the General Assembly, Diogo Freitas do Amaral. Subsequently, the draft programme of work was discussed. During the first months of 1996, the Working Group addressed the following substantive issues:
(a) proposals on rotation or shared seats, including article 23, para. 2, of the Charter;
(b) working methods of the Security Council and the relationship between the Council and the General Assembly, as well as other principal organs of the United Nations;
(c) decision-making process in the Council, including the veto;
(d) proposals for increase in the non-permanent membership;
(e) proposals for increase in the permanent membership;
(f) other matters.
In April, the need for a more focused, issue-driven debate was recognized and a more issue-oriented programme of work adopted, consolidating the above issues into three main subject matters:
(a) composition and size of the Security Council;
(b) decision-making in the Council, including the veto;
(c) working methods and transparency of the Council.
Other issues such as periodic review of the composition and size of the Security Council and other matters related to the Council and necessary Charter amendments were discussed as well.
The issues of composition and size of the Security Council, decision-making, including the veto, working methods and the transparency of the Council and other matters related to the Security Council were seen ultimately as comprising a comprehensive package. It was noted, however, that progress on any specific issue should not depend upon progress on others. It was also suggested that periodic reviews of the composition and size of the Security Council and other matters related to the Council would facilitate the reaching of a final agreement on the issues focused by this Working Group. Others thought, however, periodic reviews were not necessary for such agreement.
Delegations generally shared the view that discussion in the Open-Ended Working Group were thorough and useful during this session in contributing to a better understanding and increased clarity of many issues involved, as well as laying the groundwork for the continuation of the work at the next session of the General Assembly. The draft report is, in the opinion of many, much longer than last year's report and much more substantive as well. Therefore, it should be able to serve as a solid basis for further progress of work for the 51st Session of the General Assembly.
Ad hoc Open-ended Working Group of the General Assembly on an Agenda for Development
Co-Vice Chairs:
Rene Valery Mongbé (Benin)
Peter Osvald (Sweden)
Secretary: Alexandre de Barros (DPCSD)
Created by Resolution 49/126 of 19 December 1994, the Ad hoc Open-ended Working Group of the General Assembly on an Agenda for Development has held four working sessions in order to elaborate an action-oriented comprehensive Agenda for Development. The Working Group is presently meeting with the view to complete the drafting of its Report before the end of the 50th session of the General Assembly. The Report is divided into three chapters:
1 - setting the objectives;
2 - policy framework, including means of implementation;
3 - institutional issues and follow-up;
According to the Vice-Chairs, the Report will represent "a summary of the consensus commitments made and undertakings resulting from major United Nations conferences, and an ambition to improve on that".
The document is conceived in an integrated manner - a package - a sectoral pulling together of all the conferences which the international community has convened over the past five years, aimed at reinvigorating the development process and international cooperation for development. These conferences, in the view of the Working Group, bear witness that the United Nations system is and should continue to be more actively involved in the full spectrum of development issues.
It should be noted that since the commitments and undertakings made by governments at major United Nations conferences constitute voluntary obligations, their implementation is reliant upon voluntary funds, independent of the United Nations operational budget.
The first four meetings of the Working Group were devoted to weaving together strands from Rio to Beijing, looking for a cohesive picture. During the first meeting, an outline for the structure of the report and its chapters was agreed upon. In the second meeting the vice-chairs presented a synthesis text for delegations to discuss. Three readings of the first and second chapters have now taken place, and according to the Vice-Chairs, progress has been achieved on about two thirds of the text.
Chapter three has had two readings and amendments have been received and incorporated into a text which will be negotiated during the next meeting of the Working Group in September.
There has been a convergence of views on many aspects of the draft report, among which:
It was also noted that the state's role in development should be complemented by other relevant actors of the civil society, including the private sector.
Some countries would argue that the most important parts of the Agenda for Development are Chapters One and Two where substantive issues, like for instance economic resources, ODA-flows, debt relief measures and transfer of technology are dealt with. Others have welcomed the report's multidimensional and integrated approach to development covering a wider spectrum of issues. They would also argue that the institutional issues, dealt with in Chapter Three, are very important and that ways and means to enhance the role, capacity, effectiveness and efficiency of the United Nations System in development need to be urgently addressed.
The Vice-Chairs agreed that the Third Chapter, which deals with institutional issues and follow-up, could be difficult. On the one hand, once an agreement is reached with respect to Chapters One and Two, the Chapter on Institutional Issues could be tailored to the agreement. On the other hand, the discussions in Chapter Three on the strengthening of the role of and relationship between the General Assembly, ECOSOC and its subsidiary bodies, as well as the discussions on the interaction between the United Nations and other multilateral development institutions, including the Bretton Woods Institutions and World Trade Organization (WTO), are considered by some countries to be very important elements per se in the text.
High Level Open-Ended Working Group on the Financial Situation of the United Nations
Co-Vice Chairmen:
Annette des Iles (Trinidad & Tobago)
Ernst Sucharipa (Austria)
Secretary: Ozdinch Mustafa (DPA)
Improved payments
The point is that if Member States paid their assessed dues in full and on time, the United Nations would not be facing a financial crisis. In the view of the Co-Vice Chairmen the efforts of the Working Group have "helped maintain the pressure on governments, resulting in improved payment patterns of contributions this year as compared to last year." They commended the 70 countries who have made serious efforts and paid their dues by the 31st of May this year. They mentioned the significant announcement made by the Ambassador of the Russian Federation to the Working Group that his country intends to pay $400 million in 1996 in payments of arrears. Currently, the Russian Federation has paid its contribution to the 1996 regular budget and an important share of its peace-keeping contribution. In this context, reference should also be made to the announcement made by the United States to pay their 1995 contributions. This, in the view of the Vice-Chairs, underscores the importance given by Member States to the monitoring by the Working Group of the critical cash flow situation faced by the United Nations.
Despite the above, the Vice-Chairmen see no quick solution to the cash flow problems of the United Nations, even though payment performance in the last four months may have improved. An important development is that Member States and the public have an increased awareness of the seriousness of the situation.
The Secretary General has drawn attention to the financial crisis at every opportunity. The President of the General Assembly has addressed a letter to Member States urging them to make their payments as early as possible this year, before the end of June. He has received many positive responses to his appeal.
Cash Situation Forecast
Although the cash situation in the regular budget is still substantially negative, the forecast of the impact of cash on the financial situation through the end of 1996 is positive, as reported by the Under-Secretary for Administration and Management on 29 April 1996. His forecast shows a negative (-$198 million) in regular budget cash and a positive forecast of $586 million in peace-keeping cash situation, with $2.1 billion still owed to the United Nations. At the same time according to this forecast, $725 million will be owed to Member States by the United Nations as outstanding reimbursement for troops and equipment.
"We are not out of the woods and it will take some time before agreement is reached on the fundamental set of measures needed to put the organization on a sound financial footing."
Focus of the Working Group
The Working Group has reaffirmed the legal obligation of Member States to pay their assessed contributions in full and on time. The Working Group focused on modalities for payments of arrears and on outstanding contributions, accompanied by discussions on introduction of payment schedules and the application of Article 19 of the Charter (which stipulates that a Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years.)
They have also been discussing incentives to Member States who pay on time and disincentives for those with overdue contributions. During the April meetings, issues related to capacity to pay and methods of calculating scales of assessments were discussed. Comprehensive working papers covering all the issues before the Working Group have been submitted by a number of Member States and groups of Member States showing a clear commitment to arrive at solutions. The Co-Vice Chairmen prepared a basic compilation of positions stated by Member States on this subject which can serve as the basis of further negotiations in which a number of difficult political questions still need to be addressed.
The Working Group met for the last time on June 4th, to approve its progress report. This report will be submitted to the General Assembly through the Fifth Committee. It provides a brief description of the issues discussed in the Working Group and as well as a list of Working Papers produced since the Group was established in 1994.
The Working Group decided to recommend that, based on its programme of work the discussion on the issues covered by its mandate should continue during the fifty-first session, building on the work done so far, in order to enable the Assembly to take the appropriate measures to provide the Organization with a viable financial base for its future operations.
Informal Open-ended Working Group on an Agenda for Peace
Chairman:
Tunguru Huaraka (Namibia)
Vice Chairman:
Ambassador H. J. Biorn Lian (Norway)
Secretary: Lesley Wilkinson (DPA)
Background
The General Assembly, at its 47th session in 1992, established an Informal Open-ended Working Group to consider and to respond to the Secretary General's recommendations submitted in An Agenda for Peace (A/47/277-S/24111).
The Working Group submitted to the Assembly resolution 47/120 A, "An Agenda for Peace: preventive diplomacy and related matters," and resolution 47/120 B, covering peace-making, peace-keeping and the remaining recommendations contained in the Secretary General's report. The resolutions, adopted unanimously by the General Assembly, gave the Secretary-General a clear mandate to pursue preventive diplomacy and strengthen the Secretariat's capacity in early warning, in particular in information collection and analysis.
In 1995, the Secretary-General issued a Supplement to an Agenda for Peace (A/50/60-S/1995/1), updating his initial recommendations. In response, the Security Council issued a Presidential Statement welcoming the Secretary General's position paper (PRST/1995/9).
On 10 March 1995, the Informal Open-ended Working Group was reconvened by the General Assembly to continue considering both an Agenda for Peace and its Supplement. Ambassador Nabil Elaraby (Egypt) was designated its Chairman and Ambassador Juan Antonio Yanez-Barnuevo (Spain), its Vice-Chairman.
Four key areas of work were identified and sub-groups established, chaired by four coordinators:
In early May 1996, Ambassador Tunguru Huaraka (Namibia) replaced Ambassador Nabil Elaraby who stepped down from the chairmanship due to other commitments of his office.
In July 1996, after appropriate consultations, the President of the General Assembly designated Mr. Hans Jacob Biorn Lian Vice-Chairman of the Working Group, upon re-assignment of Ambassador Juan Antonio Yanez-Barnuevo (Spain) to his country.
Current Status
The following text is based on interviews held with Ambassadors Huaraka and Yanez Barnuevo. They said all sub-groups have worked intensely in the last few months, with discussions taking place at the analytical and conceptual levels.
The sub-group on preventive diplomacy has been deliberating with great care on the definitions of what constitutes preventive diplomacy, its purposes and framework; of what is a dispute (not erupted and actual conflict; and on definitions of peace making.
The subgroup on post-conflict peace building is focusing on the most difficult and inconclusive practical review of what resource commitments countries would be willing to make for the ensuing process of post conflict peace building.
They discussed a country's needs during the "convalescence period", when the international community must be particularly attentive in providing people emerging from devastating conflicts hope that there will be a better future after the conflict. For example, the United Nations peace-building role in Cambodia, Haiti, El-Salvador where relief, rehabilitation, and reconstruction followed years of strife. Institution strengthening and development assistance can only be entered into with the agreement of the receiving country. The will of the international community to reach into its pockets is not there. At the same time, countries are very sensitive regarding what they may perceive as interference in their internal affairs. The United Nations' role is very delicate and that is why definitions are so important.
More advanced, according to the Ambassadors, is the work in the sub-group on coordination, which at its July meeting agreed on a draft text which covers issues of how the United Nations and Member States coordinate humanitarian assistance and development assistance in the field. They looked at the coordination efforts among agencies and other bodies of the United Nations system involved in different aspects of peace-keeping and humanitarian assistance; at cooperation between the United Nations system and regional organizations, and finally, at cooperation and dialogue between the United Nations system and non-governmental organizations, who play an important role in the delivery of humanitarian assistance and in post-conflict peace building.
The questions regarding NGOs have to do with their status; with how to ensure that the efforts of NGOs are consistent; on how to strengthen links with NGOs in the field without prejudicing UN impartiality or imposing anything on the NGOs.
The sub-group on sanctions has also completed a provisional text which will be submitted to the plenary of the Working Group. It deals with:
a) sanctions and their effects on the target country;
b) the impact of sanctions on third countries;
c) mandates and guidelines of the sanctions committees of the Security Council;
Among the issues addressed was the suggestion made by the Secretary General regarding the establishment of an advisory mechanism in the Secretariat.
The subgroup also hopes to achieve consensus on several conceptual aspects which follow Security Council's consideration of sanction regimes - how they are to be convened and targeted; the length of imposition of sanctions; the humanitarian aspects of sanctions, whether they would be penalizing particular countries or people in a country, rather than the whole population. They considered the effects sanctions may have on neighboring countries and how to assist the affected countries and the civilian population. The role of the General Assembly, stressed the Ambassadors, is only to recommend, it cannot impose on the Security Council. It must, however, be persuasive regarding the usefulness and feasibility of their recommendations.
The subgroup has been considering a number of papers submitted by Member States, however, it has been difficult to come up with an agreed upon construction, or to be conclusive, because each case has to be seen as a particular case. Some countries view sanctions as an effective instrument for implementation of Security Council resolutions. Others see the effectiveness of the instrument but are concerned with the negative effects that sanctions may have on the most vulnerable segments of the population or on the neighboring states.
The Working Group as a whole is concentrating on specific measures, techniques, mandates covered by the two reports of the Secretary General on An Agenda for Peace. By the end of July or the beginning of September, the Bureau of the Working Group expects to have an overall view of the series of meetings being held at the subgroup level. Some of the members of the Working Group feel that it is important to see how their work dovetails with that of the other four high level Working Groups of the General Assembly since many of the issues cross cut through all of the Working Groups.
Open-Ended High Level Working Group on the Strengthening of the United Nations
Co-Vice Chairmen:
Colin R. Keating (New Zealand)
Prakash Shah (India)
Secretary: Timour Dmitrichev (DPA)
Created by resolution 49/252 of 14 September 1995 by the General Assembly, the Working Group was mandated to undertake a thorough review of the studies and reports of relevant United Nations bodies and submissions of Member States and Observers, as well as studies and reports of independent commissions, non-governmental organizations, institutions, scholars and other experts, on subjects relating to the revitalization, strengthening and reform of the United Nations system.
The Open-Ended High-Level Working Group first met on 9 October 1995 and agreed on the programme of work and specific areas to be focused. These are - the General Assembly, the Secretariat, and other matters.
Substantive meetings under the Co-Chairs, Ambassadors Colin Keating of New Zealand and Prakash Shah of India, have been held in February, March and May 1996 and although the Co-Vice Chairmen agree that on a number of topics there is convergence of view, it could not be said that there is as yet general agreement. This convergence of views the Vice-Chairmen hope to convert into an agreement by the end of July.
Most important, there is a convergence of views on strengthening being the purpose of enabling the United Nations to fulfil its Charter mandate and meet the aspirations of its members.
There is a general desire to strengthen the General Assembly. There really is no dispute on the matter, just uncertainty on how to achieve it, commented Ambassador Keating. Lack of confidence about how to change things is a factor. It seems easier to continue past practice than taking risks to change it.
The question is how to focus the General Assembly on issues of real importance, only then will attention of the media be attracted. At present, the work in the General Assembly seems repetitive and is almost impossible for outsiders to follow.
There is a broad recognition that the General Assembly does not attract attention because it has far too much on its agenda for discussion. The Vice-Chairs remarked that items of interest should be on the agenda, but that there may be no need to discuss all of them every year. Clustering, biennialisation or triennialisation of Agenda items could therefore be an important step.
Proposals were made on voluntary time limits on speeches; on greater resources for the President of the General Assembly for fulfilling his active role; for election much earlier of the President, Vice-Presidents and Chairs of Main Committees to better prepare for the Session which begins in mid-September.
Proposals that the presentation of the report of the Secretary-General on the Work of the Organization be made in a high level meeting of the Plenary right after the General Debate were made. The report would then be discussed in the Plenary and used as an opportunity for priority setting in the context of major political, economic and social, administrative and financial issues on the General Assembly's Agenda. Introduced by the Secretary-General, its themes would guide the work of the Main Committees.
Ambassador Keating commented that the format of the Secretary-General's report might be changed to include a forward-looking element allowing delegations to see the challenges ahead. Also, the report is needed earlier so that it could be available in good time before speeches for the General Debate are prepared. Having access to the Secretary-General's report in July would allow them to react during the General Debate to issues raised on the work of the Organization.
Proposals to the Working Group also deal with interaction between the Plenary and the Main Committees. Suggestions include that resolutions should respond to major issues, rather than be fragmented. This would reduce repetition and re-energize the process. Greater participation of the General Assembly on substantive discussion of other bodies, particularly of the Security Council, was proposed. More interaction with the International Parliamentary Union and with diverse actors of civil society was suggested.
The Vice-Chairmen noted a positive convergence of views regarding future involvement of NGOs in the work of the United Nations, including national and local NGOs from developing countries. The modalities of greater interaction between the United Nations and representatives of civil society require further intensive work, however. Constraints of time and resources meant that the Working Group was not able to hold formal hearings for NGOs. On an informal basis, the bureau continues to receive suggestions from NGOs, which are integrated into the basic materials that are shared with Member States. A compilation of all the proposals is being prepared by the Secretariat.
Another emerging convergence of views is on making the United Nations budget process more flexible, so that the Secretary-General can have greater flexibility to move staff and resources.
In conclusion, the Vice-Chairmen were pleased to note that the Working Group has managed to work successfully in parallel with the other high-level working groups of the General Assembly. It had avoided getting involved in the issues on the agendas of the other groups. It is always a difficult exercise to avoid duplication but so far it has been successfully avoided, remarked Ambassador Prakash Shah.
They are both optimistic on what the Working Group can achieve in energizing the General Assembly's regular sessions.