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Report of the Working Group on the Security Council, 1997 Report 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
Annex XPOLAND: POSITION PAPER*
I. INTRODUCTORY REMARKS1. Poland believes that the reform of the Security Council constitutes one of the central elements in the efforts to strengthen and reinvigorate the entire United Nations system.
2. The principal aim of the balanced enlargement and reform of the Security Council should be to enhance its ability to carry out efficiently its primary responsibility under the Charter of the United Nations, i.e., to maintain international peace and security in a profoundly changed international environment.
3. For almost three years now, Poland has followed with interest the discussions on the reform of the Security Council conducted in the framework of the Open-ended Working Group established for this purpose. We presented our general views on the topic in our reply to the Secretary-General's note No. SCA/11/93 (1). On numerous occasions we have extensively explained specific aspects of our position.
4. We appreciate the progress made by the Group. We are concerned, at the same time, about the failure so far to reach final agreement on an adequate reform of the Council. Poland believes that such agreement is urgently needed to enable the United Nations to prepare itself for the challenges of the next century.
5. Our conviction as to the desirability of changes has been strengthened by the experience of Poland's membership in the Security Council since 1 January 1996.
6. The present position paper stems organically from this experience. Our conclusions from participation in the work of the Security Council confirm that reform should be based on two main pillars: (a) enlargement in the membership of the Security Council; and (b) improvements in its methods of work.
II. SIZE AND COMPOSITION OF THE SECURITY COUNCIL 7. Representative membership is of key importance for the credibility of the Council and its ability to ensure proper implementation of its decisions.
8. We are ready to accept proposals for an increase in the membership of the Council of up to 21 to 25 members. The increase should result, among other things, in an augmented representation for Eastern Europe, a region where the number of States has more than doubled in recent years. We cannot go along with any formula which would, directly or implicitly, imply a discriminatory stance towards the Eastern European Group while all others would get a share in the enlargement.
9. We support the idea of granting permanent seats to Germany and Japan. Permanent membership represents increased responsibilities and intensive engagement in carrying the burden involved therein. Both Germany and Japan are not only willing but also fully able to carry it. The enlargement of the Council should also ensure a wider representation for the countries of Asia, Africa and Latin America and the Caribbean.
10. We consider that no change is indispensable in the prerogatives of the existing permanent members, including the veto power.
11. We agree with the assumption that there is a sizable group of States which on the basis of their considerable capabilities to contribute to the maintenance of international peace and security deserve to be elected to the Council more frequently.
12. The voting procedures should make it possible to preserve the existence of a de facto "collective veto" arrangement.
13. The arrangements concerning the size of the Council might be reviewed in 10 to 15 years, if necessary.
III. IMPROVEMENT OF WORKING METHODS 14. Based on our experience, we are of the view that working methods should be developed with a focus on the following aspects:
15. Poland considers that, as a rule, improvements should be applied pragmatically, i.e., as the need arises and without unnecessary formalization. It should be a flexible and constant process.
- A closer link between the Security Council and the United Nations membership at large;
- The cooperative involvement of all Security Council members in its operative work and in the follow-up to its decisions;
- Better coordination of the work of the Council;
- More harmonious cooperation between the Council as the body bearing the primary responsibility for the maintenance of international peace and security and regional arrangements, as referred to in Article 52 of the Charter of the United Nations.
16. To increase transparency in the work of the Security Council and to improve contacts with non-member States, Poland would support the following measures:
17. The task of coordinating the work of the Council is crucial for ensuring its timely action. More involvement of the members in the operative work of the Council as well as their direct involvement in the follow-up activities would add significantly more weight to its actions. We would think that in an enlarged Security Council, in particular, there would be a need for greater continuity in performing the tasks of the President of the Council. This function would be even more pivotal in ensuring the smooth functioning of the consultation process.
- Institutionalization of briefings by the President of the Council to the non-members, office-holders of other United Nations organs and bodies and representatives of regional arrangements and organizations;
- Organization by the President of the Council of hearings for Members of the United Nations wishing to address the Council (in cases where rule 37 of the provisional rules of procedure cannot be applied);
- Extension of rule 37 so that it can also be applicable to representatives of regional arrangements and organizations directly involved in a matter brought to the attention of the Council;
- Further development and formalization, as necessary, of consultations with important troop-contributing countries as well as with countries affected by unintended effects of sanctions;
- Increased possibilities for interested parties to contribute to the process of informal consultations of the Council and the sanctions committees;
- More frequent convening of open meetings (orientation debates) of the Council.
18. Having this in mind, we would support the following ideas:
19. Poland welcomes the increased readiness of regional arrangements to alleviate the burden of the Council in maintaining international peace and security. A closer link between them and the Council is required. Such a link, amplified by the growing effectiveness of the Security Council, would at the same time make fully redundant regional "Security Council"-type bodies with limited participation. To provide for an enhanced link we would be ready to support the following:
- Establishment of the practice of providing support to the President by former and future Council Presidents, especially with regard to external contacts and briefings as well as in the process of planning the work, to provide for continuity and to ease the burden of the presidency;
- Formalization of the practice by the Council of inviting the President to undertake a fact-finding or other diplomatic mission, especially to expand preventive diplomatic efforts;
- Vesting in the President, assisted by the Secretary-General, a special responsibility for publicizing the activities of the Council;
- Enhancement of the practice of conducting reviews of the implementation of Security Council resolutions.
20. Poland believes that the time has come to display maximum flexibility and the readiness to compromise. The work so far has enabled an identification of a number of areas of common ground. They should be built upon and expanded. We support the efforts pursued in different ways to come up with a perception of a possible compromise. Poland is ready to contribute to the search for such mutually acceptable solutions.
- De facto extension of the application of Article 35 of the Charter (bringing a dispute to the attention of the Council) to States members of regional arrangements collectively;
- Introduction of a practice whereby the Security Council may refer to such regional arrangements a dispute for settlement within a regional framework;
- Extension of invitations to representatives of regional arrangements and organizations directly involved in a matter which has been brought to the attention of the Council to speak before the Council and contribute to consultations on topics related thereto;
- Provision of information and reporting by the regional organizations to the Security Council on conflicts dealt with by them.
*Previously issued as A/AC.247/1997/CRP.9 of 12 June 1997.
