Monitoring Policy Making at the United Nations |
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Annex XVI
Proposals on decision-making in the Security Council, including the veto, submitted by Australia, Austria, Belgium, Bulgaria, the Czech Republic, Estonia, Hungary, Ireland, Portugal and Slovenia, dated 25 June 1998*
1. Following the recent deliberations in the Open-ended Working Group and the presentation by the Bureau of a revised conference room paper (CRP.10/Rev.1) on decision-making in the Security Council, including the veto, our group has made the following observations:
- The overwhelming majority of United Nations Member States support curtailment of the use of the veto through amendments of the Charter of the United Nations;
- Most States have indicated that they would prefer the use of the veto to be restricted to Chapter VII;
- The existing permanent members do not appear willing at present to accept any Charter-based limitation of their veto powers. Nor do they appear willing to make a political commitment to restrict the use of the veto to Chapter VII;
- General agreement on a comprehensive reform package is unlikely to be achieved without an understanding on the future scope and application of the veto;
- Given concerns of Member States about the current scope and application of the veto, agreement on its possible extension to new permanent members may depend on the willingness of the existing permanent members to accept restrictions on its use.
2. The group believes that steps to curtail the scope and application of the veto should be part of a global approach to the reform of the Security Council. We are conscious of the views and arguments presented on this issue, ranging from total abolition of the veto or, at least, a radical curtailment of its scope and application, to no change whatsoever. While we consider that Charter-based changes to the use of the veto remain an essential objective to be pursued, we have sought to provide some practical suggestions in the proposal set out below. We would emphasize that these fall short of the fuller demands of many delegations, including those belonging to our group. They have as a common element that no amendment to the Charter would be required.
3. The group suggests the following approach:
(a) The General Assembly, in accordance with Article 10 of the Charter, would make specific recommendations aimed at reducing areas where the veto can be applied;
(b) The existing permanent members would state, individually or collectively, in writing, that they would commit themselves to exclude the use of the veto as recommended by the General Assembly.
4. The group, therefore, proposes that the General Assembly, in exercising the authority conferred upon it by Article 10 of the Charter, recommend that:
(a) The permanent members of the Security Council, mindful of the fact that they are acting on behalf of the United Nations as a whole, should exercise the veto only when they consider the question to be of vital importance, taking into account the interest of the United Nations as a whole, and should state in each case, in writing, on what ground they consider that condition to be present;
(b) The veto should be excluded in respect of matters contained in the annex to General Assembly resolution 267 (III) of 14 April 1949, entitled Decisions deemed procedural, updated as necessary;
(c) The veto should be excluded in respect of recommendations under Articles 4, 5, 6 and 97 of the Charter of the United Nations.
5. The group proposes that further consideration be given to issues on which the veto should not apply, such as:
- Gathering of information and ascertaining facts;
- Calls on parties to settle disputes by peaceful means;
- Entrusting the Secretary-General with certain tasks in dispute settlements;
- Calls on the parties to a conflict to respect human rights and international humanitarian law;
- Steps undertaken by the Secretary-General to mediate and prevent conflicts;
- The dispatch of United Nations observers to observe and report to the Security Council.
