Monitoring Policy Making at the United Nations |
| ||||||||||||
Annex III
Conference room paper submitted by the Bureau of the Open-ended Working Group: working methods of the Security Council, transparency of its work, as well as its decision-making process
I. Introduction
1. The Open-ended Working Group achieved substantial progress during the fifty-first session of the General Assembly in its discussions on the working methods and transparency of the Security Council. The results of the debates are reflected in the negotiating paper of the Movement of Non-Aligned Countries on cluster II issues,1 which was first submitted to the Working Group in March 1997, and in conference room papers 3 and 8 of the Bureau,2 prepared on the basis of the debates of the Working Group on the negotiating paper submitted by the Movement of Non-Aligned Countries. During its deliberations in July 1997, the Working Group also discussed in detail the working methods and transparency of the Council based on part B of conference room paper 8, but no new conference room paper was prepared as a result of the discussions at that time. The present document attempts to incorporate the views expressed in those discussions.3
II. Relationship between the Security Council, the General Assembly and the general membership of the United Nations
A. Meetings of the Security Council
2. Suggested improvements to the present practice:4
(a) The Security Council should, as a rule, conduct its business in public;
(b) The Security Council should hold open and substantive orientation debates at the beginning of the consideration by the Council of any substantive matter;
(c) Open public meetings should also be held, as appropriate, when special envoys of the Secretary-General or representatives of United Nations agencies are reporting to the Council;
(d) In certain cases, when it so decides, the Security Council may meet in private and/or conduct its business in informal consultations.
3. Proposed form of institutionalization:
Amend rule 48 of the provisional rules of procedure of the Security Council accordingly.
B. Programme of work of the Security Council
4. Suggested improvements to the present practice:
(a) In addition to the tentative forecast of the monthly programme of work of the Security Council already distributed to the membership, the provisional schedule of work of the Security Council for the month and its updated versions should also be circulated as soon as they are available;
(b) The provisional agenda, including expected action (e.g., decisions on draft resolutions, reports, exchange of views, etc.) to be taken at Security Council meetings and an annotated agenda for informal consultations of the whole should be included in the Journal of the United Nations.
5. Proposed form of institutionalization:
Include this arrangement in the provisional rules of procedure.
C. Briefings by the President of the Security Council to non-members, availability of draft resolutions and summaries of informal consultations
6. Suggested improvements to the present practice:
(a) The practice followed by the President of briefing non-members of the Security Council should be continued on a regular basis. These briefings should be arranged immediately after informal consultations. They should provide substantive and detailed information to non-members of the Council. Interpretation should be provided for these briefings. The President of the Security Council should decide whether written records of the briefings should also be distributed to non-members of the Council. If written records of the briefings are to be provided, they should also be transmitted to the Permanent Missions to the United Nations through electronic mail;
(b) The President of the Security Council should make draft resolutions and draft presidential statements available as soon as they become the basis for informal consultations of the Council, or earlier if authorized by the author of the draft. If they are not distributed, the President should provide information on the existence of the draft resolutions to the Council;
(c) Information about consultations with troop-contributing countries, as well as briefings given to those countries, should be included in the briefings of the President of the Security Council immediately after such consultations have taken place;
(d) Briefings should be announced in the Journal of the United Nations.
7. Proposed form of institutionalization:
Add an appropriate rule to the provisional rules of procedure and/or adopt a presidential statement on the matter and annex it to the provisional rules of procedure.
D. Consultations with troop-contributing countries
8. Suggested improvements to the present practice:
(a) Consultations between the members of the Security Council and troop-contributing countries, both current and potential, should be held promptly and on a regular basis before and during the decision-making process on the establishment, conduct and termination of peacekeeping operations, including the renewal and change of their mandates. The Secretariat should be represented at and participate in such consultations;
(b) Consideration should be given to inviting contributors of civilian components and other countries affected by and/or involved in multifaceted operations;
(c) Consultations between the members of the Security Council and the troop-contributing countries should be convened by the President of the Security Council upon request from a troop-contributing country;
(d) The Security Council should make full use of the proposals and/or information received in the consultations with the troop-contributing countries.
9. Proposed form of institutionalization:
The Security Council should adopt a presidential statement on these new measures, which should be annexed to the provisional rules of procedure.
E. Report of the Security Council to the General Assembly
10. Suggested improvements to the present practice:
(a) Each President of the Security Council should give an analytical assessment of the work of the Council during the month under his/her Presidency to be attached to the report of the Council to the General Assembly. The analytical assessments should also be distributed to the non-members of the Council immediately after they are issued by the President of the Council;
(b) The annual report of the Security Council to the General Assembly should give a substantive and analytical account of the Council's work, and it should be made available to the General Assembly before the beginning of its annual general debate;
(c) The Security Council should, through an appropriate procedure or mechanism, update the General Assembly on a regular basis on the steps it has taken or is contemplating with respect to improving its reporting to the Assembly, including improvements in its working methods and transparency;
(d) The Security Council should include in its report information on requests received under Article 50 of the Charter of the United Nations and actions taken by the Council thereon;
(e) The Security Council should submit special reports to the General Assembly for its consideration as stipulated in Article 24, paragraph 3, of the Charter;
(f) The Security Council should, in preparing its annual report to the General Assembly, fully take into account resolution 51/193 of 17 December 1996.
11. Proposed form of institutionalization:
Add a new rule or annex these provisions to the provisional rules of procedure.
F. Participation of non-members
12. Suggested improvements to the present practice:
(a) Meetings of the Security Council and informal consultations of the whole:
(i) The Security Council should conduct consultations with countries most affected by decisions of the Council more often;
(ii) The Security Council should invite non-members of the Security Council to participate in the informal consultations of the Council under similar arrangements, as stipulated in Articles 31 and 32 of the Charter;
(b) Informal meetings of the members of the Security Council:
The members of the Security Council should have more frequent and broader recourse to the "Arria formula", whereby members of the Security Council, on the initiative of a Council member, can hear views of other Member States.
13. Proposed form of institutionalization:
As far as meetings of the Security Council and informal consultations of the whole are concerned, amend rule 37 of the provisional rules of procedure to allow participation of non-members in informal consultations, as well as to allow fuller participation of non-members in open meetings; other meetings of the members of the Security Council will be left to the discretion of the members because they are not governed by the Council's provisional rules of procedure.
G. Meetings of the Security Council in pursuance of Article 35 of the Charter of the United Nations
14. Suggested improvements to the present practice:
The rules of procedure of the Security Council should include a reference to the fact that the Security Council should meet promptly to consider any request by a Member State for the convening of an urgent meeting of the Security Council to investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security. The President of the Council should circulate such requests promptly as a document of the Council. The rules of procedure should require that the President convene a meeting of the Council to hear the Member in question. The Council should immediately decide whether to pursue the matter.
15. Proposed form of institutionalization:
Amend rule 3 of the provisional rules of procedure of the Security Council.
H. Consultations pursuant to Article 50 of the Charter
16. Suggested improvements to the present practice:
(a) The rules of procedure of the Security Council should include a provision or a decision by the Council operationalizing the right, contained in Article 50 of the Charter, of Member States to consult the Council with regard to a solution to problems arising from their implementation of preventive or enforcement measures imposed by the Council, taking into consideration also Article 49 of the Charter;
(b) The Security Council should establish a mechanism to provide relief to affected States under Article 50 of the Charter on the basis of automaticity of application.
17. Proposed form of institutionalization:
Add an appropriate rule to the provisional rules of procedure of the Security Council.
I. Mechanism to alert non-members of the Security Council of unscheduled or weekend meetings
18. Suggested improvements to the present practice:
The Secretariat should establish a voice recording or another appropriate mechanism for alerting non-members of the Security Council of unscheduled or emergency meetings of the Council during nights, weekends or holidays.
19. Proposed form of institutionalization:
To be implemented by the Secretariat as soon as possible.
J. Consultations between the President of the Security Council and the President of the General Assembly
20. Suggested improvements to the present practice:
The Presidents of the Security Council and the General Assembly should have regular exchanges of views and consultations at least every month and, in the event of international crises or urgent developments, more frequently. Other interested parties, such as the members of the Bureau of the General Assembly, could be invited by both Presidents.
21. Proposed form of institutionalization:
Include in the provisional rules of procedure.
III. Subsidiary organs of the Security Council
22. Suggested improvements to the present practice:
(a) Sanctions committees:
(i) Decisions and/or those parts of the summaries of the proceedings of the sanctions committees which do not compromise the confidentiality of the work of the committees should also be made available to non-members of the Security Council;
(ii) Annex II to resolution 51/242 of 15 September 1997, entitled "Question of sanctions imposed by the United Nations", should be fully taken into account/implemented by the Council;
(b) Other subsidiary organs:
Subsidiary organs of the Council established in pursuance of Article 29 of the Charter should be more transparent in their proceedings (i.e., announcements of the meetings in the Journal, briefings to non-members, etc.).
23. Proposed form of institutionalization:
Insert an appropriate rule in chapter IX of the provisional rules of procedure entitled "Publicity of meetings, records".
IV. Relationship between the Security Council and other principal organs of the United Nations
A. International Court of Justice
24. Suggested improvements to the present practice:
The Security Council, in accordance with the relevant provisions of the Charter, should take more frequent recourse to the International Court of Justice, in particular by seeking its advisory opinions.
V. Relationship between the Security Council and regional arrangements, organizations and agencies
25. Suggested improvements to the present practice:
(a) In its relations with regional arrangements, organizations and agencies, the Security Council should fully take into account/implement the provisions of General Assembly resolution 49/57 of 9 December 1994 and the results of the Agenda for Peace sub-group on coordination (see annex I, entitled "Coordination", to resolution 51/242) related to this matter;
(b) Regional organizations, agencies and arrangements should be consulted, at appropriate levels, on matters affecting the maintenance of international peace and security in accordance with Chapter VIII of the Charter and the relevant mandates of regional organizations concerned.
VI. Decision-making in the Security Council, including the veto
A. Veto
26. Suggested improvements to the present practice:
(a) The Charter should be amended so that:
(i) As a first step, the veto should apply only to action taken under Chapter VII;
(ii) A single veto will not prevent action on a proposal that has achieved the required majority;
(iii) The right of veto should be subject to suspension on specific occasions, as defined by a prescribed qualified majority of the General Assembly;
(iv) Articles 4, paragraph 2, 5, 6, 27, 97, 108 and 109 are changed with a view to limiting the application of the veto;
OR/AND
(b) The Security Council OR the General Assembly should:
(i) Update the annex to General Assembly resolution 267 (III) of 14 April 1949, containing a list of decisions deemed procedural;
(ii) Provide a legal definition of what constitutes a procedural matter or clear criteria as to what is of a procedural nature (Article 27, paragraph 2, of the Charter);
(c) The Security Council should:
(i) Explore further the proposal for a provision enabling a permanent member to cast a negative vote without that vote constituting a veto if the member so declares;
(ii) Explore further the possibility for unilateral declarations by the permanent members containing a commitment not to resort to the veto.
27. Proposed form of institutionalization:
Amend the Charter and/or include in the provisional rules of procedure of the Security Council.
B. Action threshold
28. If the present action threshold is maintained at approximately the present level (60 per cent), the number of affirmative votes required for a decision would be: in a Council of 24: 14, in a Council of 25: 15 and in a Council of 26: 16. Proposals for changing the present action threshold have been made.
29. Proposed form of institutionalization:
Amend the Charter accordingly.
VII. Rules of procedure and institutionalization of the measures taken by the Security Council to enhance its working methods and transparency
30. The Security Council should finalize its provisional rules of procedure. Towards this end, the following steps should be taken by the Council:
(a) The arrangements regarding various measures that the Security Council has already adopted to enhance its working methods and transparency,5 as well as the new measures discussed above, should be institutionalized as proposed by the Working Group in sections II to VI above;
(b) After institutionalization of the measures described in paragraph (a) above, there should be an overall review of the provisional rules of procedure, after which the word "provisional" should be deleted.
Notes
1 Official Records of the General Assembly, Fifty-first Session, Supplement No. 47 (A/51/47), annex V.
2 Ibid., annexes IV and IX.
3 Ibid., annex IX.
4 On the established practice and improvements taken by the Security Council so far, see Official Records of the General Assembly, Fifty-first Session, Supplement No. 47 (A/51/47), annex IX, on this item and other measures discussed in the present document.
5 See the following presidential statements and notes by the President of the Security Council (listed here in chronological order):
- Note by the President of the Security Council dated 28 May 1993 (S/25859);
- Note by the President of the Security Council dated 30 June 1993 (S/26015);
- Note by the President of the Security Council dated 27 July 1993 (S/26176);
- Note by the President of the Security Council dated 28 February 1994 (S/1994/230);
- Statement by the President of the Security Council dated 3 May 1994 (S/PRST/1994/22);
- Statement by the President of the Security Council dated 24 July 1994 (S/PRST/1994/36);
- Statement by the President of the Security Council dated 4 November 1994 (S/PRST/1994/62);
- Statement by the President of the Security Council dated 16 December 1994 (S/PRST/1994/81);
- Note by the President of the Security Council dated 29 March 1995 (S/1995/234);
- Note by the President of the Security Council dated 31 May 1995 (S/1995/438);
- Statement by the President of the Security Council dated 19 December 1995 (S/PRST/1995/61);
- Note by the President of the Security Council dated 24 January 1996 (S/1996/54);
- Statement by the President of the Security Council dated 28 March 1996 (S/PRST/1996/13);
- Note by the President of the Security Council dated 12 June 1997 (S/1997/451).
