Assessment of the Work of the Security Council

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Introduction

The Permanent Representative of Chile, Ambassador Juan Somavia, assumed the Presidency of the Security Council for the month of October 1997.

As decided by the Security Council on 12 June 1997, the delegation occupying the Presidency must present a report on the Council's work in that month, to be attached as an addition to its annual report to the General Assembly. Through actions of this kind, the members of the Security Council are taking a further step towards making the Council's work more transparent and, it is hoped, increasingly accessible and understandable to all the members of the United Nations.

This report is the exclusive responsibility of the Chilean delegation and does not necessarily represent the views of the members of the Security Council.

Following consideration of the items on the Councils agenda during informal consultations, four resolutions were adopted and three presidential statements issued in October. In addition, the President received a mandate from the Council on a number of occasions to make statements to the press on the various matters that had been considered at informal sessions.

Lastly, it should be stated that, owing to the absence Of Ambassador Somavia from New York for reasons of force maieure, the Security Council was presided over for one day by the Deputy Permanent Representative of Chile, Ambassador Juan Larrain.

A succinct description of how the items on the Security, Councils agenda in October 1997 were dealt with is given below, followed by some brief final comments on the most significant aspect of the period under the Presidency of Chile.

1. Africa

The Security Council focused its attention in October on three African countries, namely, Sierra Leone, the Republic of the Congo and Angola. The cases of the Central African Republic, Western Sahara and Somalia were also considered during that month.

As for Siera Leone, after the military coup of 25 May 1997, the Council had limited itself to issuing presidential statements condemning the action and calling for the return to power of the democratically elected Government. For its part, the Economic Community of West African States (ECOWAS) endeavoured from the outset to take steps to reverse the political situation. After its attempts to promote negotiations with representatives of the junta failed, ECOWAS took practical measures to put pressure on the military junta on 29 August. The members of the ECOWAS Committee of Five (concerned with the case of Sierra Leone) flew to New York, inter alia to meet the members of the Council in order to seek their support on the question of Sierra Leone.

The United Kingdom delegation prepared a draft resolution which served as a basis for intense, fruitful negotiations among the members of the Security Council. Consequently, the Council was able to adopt resolution 1132 (1997) on 8 October, which, in addition to demanding the restoration of the Government of President Kabbah, established a number of measures to that end, such as an embargo of arms and petroleum (including due safe guards for humanitarian action) and restrictions on travel abroad for members of the military junta. The sanctions are carefully directed at the members of the military junta, who are responsible for the situation in Sierra Leone. In addition, this resolution established a sanctions committee for Sierra Leone.

The Council's action helped to achieve fairly quick results. From 22 to 23 October, the Committee of Five met with representatives of the military junta, and together they signed the Conakry Agreement, which provided that the democratic regime must be restored to power within six months.

In drafting this resolution, the Security Council and ECOWAS closely cooperated and coordinated their efforts through the Committee of Five, composed of the Foreign Ministers of Nigeria, Cote d,Ivoire, Ghana, Guinea and Liberia. It was a significant fulfillment of one of the purposes of the Charter of the United Nations, which is to encourage joint efforts with regional and subregional organizations.

It should also be pointed out that the Security Council again applied the principle that sanctions imposed by it should not be directed against innocent civilians but against those political and military leaders who are responsible for the condemnable actions, a principle supported by Chile, among others, when it held a seat on the Council.

Without doubt, the most critical event of October took place in the Republic of the Congo. In June 1997, a virtual civil war had broken out between the forces of President Lissouba, and those of former President Sassou-Nguesso. The countries of the region, led by President Bongo of Gabon working in coordination with the Joint United Nations/Organization of African Unity Special Envoy, Ambassador Sahnoun, endeavoured to mediate in that crisis.

The Security Council studied the possibility of authorizing the sending of a peacekeeping operation to Brazzaville, provided that certain conditions proposed by the Secretary General were met. However, the conflict was suddenly resolved in mid-October with the victory of General Sassou-Nguesso.

This experience illustrated the problem of how to decide under what conditions a peacekeeping operation is necessary. The members disagreed on this question and while they continued to discuss it, the situation on the ground was resolved in favour of one of the parties.

On 16 October the Security Council authorized a presidential statement (S/PRST/1997/47)by which the Council expressed its deep concern about the grave situation in the Republic of the Congo and called for an immediate end to all hostilities. It condemned all external interference and reiterated the importance of a political settlement. Finally, the Council stated that it remained ready to consider how the United Nations could further contributed to a political settlement.

With regard to Angola, together with the expiry on 31 October of the mandate of the United Nations Observer Mission in Angola (MONUA) pursuant to resolution 1118 (1997), the Security Council also had to consider the implementation of resolution 1127 (1997), which established measures taken against the Uniao Nacional para a Independencia Total de Angola (UNITA) unless it complied with the demands set forth in paragraphs 1 and 3 of that resolution. Resolution 1130 (1997) had postponed the entry into force of the sanctions until 30 October.

The Council members considered the report of the Secretary General (S/1997/807) and then considered a draft resolution submitted to them by the members of the 'Troika" (United States of America, Russian Federation and Portugal), deciding to adopt it on 29 October as resolution 11135 (1997). By this resolution, the Council extended the mandate of MONUA until 30 January 1998 and endorsed the recommendation of the Secretary General to postpone the withdrawal of United Nations military units until the end of November 1997. It also took note that the measures specified in resolution 1127 (1997) would come into force on 30 October and reaffirmed its readiness to review these measures or to consider the imposition of additional measures. This is another case of sanctions imposed against those responsible, not against the innocent population. Lastly, the Council reiterated its belief that a meeting in Angola between President Dos Santos and Dr. Savimbi could facilitate the process of peace and national reconciliation.

In connection with the adoption of resolution 1135 (1997) on Angola, the Security Council expressed its concern, through its President, at the presence of armed Angolan troops in the Republic of the Congo, according to information provided by the Secretariat.

The situation in Angola at that time suggests the need to reinforce the capacity of the Security Council and the United Nations system as a whole to encourage the parties to fulfill their obligations as set forth in cease fire or peace agreements.

With regard to the Central African Republic, the Security Council, pursuant to resolution 1125 (1997) of 6 August 1997, considered on two occasions the reports (S/1997/759 and S/1997/795) submitted through the Secretary General by the Chairman of the International Monitoring Committee established pursuant to the mandate of the Inter-Africa Mission to Monitor the implementation of the Bangui Agreements (MISAB). The results of the Mission's activities were considered very satisfactory, since it had helped to stabilize the situation in the Central African Republic, in particular by supervising the recovery of weapons. In addition, the need to extend the mandate of MISAB, which was to expire on 6 November, had become increasingly clear.

Concerning the situation in Western Sahara, on 29 September 1997 the Security Council had adopted resolution 1131 (1997) extending the mandate of the United Nations Mission for the Referendum in Western Sahara (MINURSO) until 20 October. This matter was discussed by the Council members, who considered a draft resolution submitted by the Group of Friends of the Secretary General for Western Sahara.

On 20 October the Council adopted resolution 1133 (1997), by which it called oh the parties to continue their constructive cooperation by fully implementing the Settlement Plan and the agreements which they had reached for its implementation; decided to extend the mandate of MINURSO until 20 April 1998; requested the Secretary General to begin the identification of eligible voters with the aim of finishing the process by 31 May 1998; and requested the Secretary General to submit to it, in November, a comprehensive report, including a detailed plan, a timetable and financial implications, for the holding of the referendum in Western Sahara.

This resolution reflects the positive dynamic which began to develop among the parties interested in Western Saharan matters following the appointment of former Secretary of State James Baker as Personal Envoy of the Secretary General.

As, for Somalia, in view of the agreements that had been reached in the preceding months, especially as part of the Sodere process, there was some hope in the region based on proposed conference on national reconciliation, to be held in Bossaso in early November. After receiving the report submitted by the Secretary General following Mr. Ismat Kittani's mission to the region (S/1997/715), the Secretariat organized a on 7 October between the members of the Council and concerned organizations for the purpose of discussing the situation in Somalia. In turn, the President of the Council asked the Secretariat for an update of the situation in Somalia by the end of the month, in the hope that the Council could be in a position to support, in the event, the holding of the Bossaso Conference. Unfortunately, the problems presented by some faction leaders, particularly Hussein Aidid, caused the conference to be postponed indefinitely.

II. The Americas

The Security Council did not consider any matters relating to the Americas during the month of October.

III. Asia

On 7 October the members of the Council heard a briefing by the Secretariat on the situation in Afghanistan, which focused on the intensification of the fighting in the northern part of the country and its consequences, especially with regard to refugees. Reports were also received in the bombing of the Sakhi refugee camp. On that occasion, the Council decided to request the Special Mission in Afghanistan to transmit to the parties to the conflict its concern at the intensification of the fighting and the lack of political progress in resolving the conflict, and its support for the efforts of the Secretary-General and his Special Envoy.

With regard to Iraq, on 16 October the Security Council considered the consolidates biannual reports of the International Atomic Energy Agency (IAEA) (S/19.97/779), submitted personally by the outgoing Director, Dr. Hans Blix, and of the United Nations Special Commission (UNSCOM) (S/1997/774), submitted by its Executive Chairman, Ambassador Richard Butler, on their respective activities in Iraq.

UNSCOM reported some progress, but also noted a number of failures and additional incidents that had occurred after the adoption of resolution 1115 (1997); hence UNSCOM could not report that Iraq had fully complied with the requirements established in that resolution. Some members felt that Iraq had not been in "substantial compliance" and that it was therefore appropriate to implement the "firm intention" to impose the additional measures set forth in paragraph 6 of resolution 1115 (1997). Others, on the contrary, believed that some progress had been made, although not enough, and that three incidents were insufficient to categorize the situation as substantial noncompliance. The first-mentioned group elaborated a draft resolution.

It should be recalled that while the relevant negotiations were taking place, the Council was informed that Iraq would cease to cooperate with UNSCOM if the Council adopted a resolution calling for additional measures. On 23 October the Security Council adopted, by 10 votes in favour and 5 abstentions (Russian Federation, France, China, Egypt and Kenya), resolution 1134 (1997), paragraph 6 of which announces that additional measures will be imposed depending on certain established conditions.

On 29 October a letter was received from the Deputy Prime Minister of Iraq stating that his Government had decided not to accept United States citizens on the UNSCOM inspection team beginning on 30 October and demanding that UNSCOM personnel of United States nationality leave Iraq within seven days of the date indicated.

The same day, the Security Council issued a presidential statement (S/PRST/1997/49) in which it condemned as unacceptable the imposition of conditions by Iraq on its cooperation with the Special Commission; reaffirmed its resolution 1134 (1997) and Iraqis responsibility for the safety of the personnel of the Special Commission; and expressed its concern at the Iraqi decision not to comply with its obligations and with the relevant resolutions.

On 30 October a letter was received from the Executive Chairman of UNSCOM reporting that Iraq had, on 29 October, impeded the entry into its territory of three inspectors having United States nationality who were working for UNSCOM. Moreover, on 31 October a letter was received from the Director General of IAEA, saying that the agency had suspended its activities in Iraq in response to the Deputy Prime Minister's letter to the Council.

The same day, the Security Council heard an oral briefing on the updated report of the Chairman of UNSCOM concerning Iraq's refusal to allow United States personnel of UNSCOM to enter its territory to work for the Commission. The President of the Security Council was authorized to make a statement to the press reporting the receipt of the information from the Chairman of UNSCOM and from the head of the IAEA team in Iraq; it reiterated the presidential statement of 29 October and its support of UNSCOM; drew attention to Iraq's responsibility for the safety and security of UNSCOM personnel; and expressed its intention to maximize diplomatic efforts during the following weekend among the parties concerned.

Another topic considered in October was the situation in Cambodia. On 8 October the Secretary General sent a letter to the President of the Security Council informing him that he had decided to extend for six months the mandate of his Representative in Phnom Penh, who would continue to be assisted by one military adviser. The matter was considered by the members of the Council, who took note of the information and welcomed the Secretary General's decision, as was communicated to him in a letter from the President of the Council dated 13 October (S/1997/786).

Subsequently, on 27 October the Secretary General wrote to the President of the Security Council informing him that he had received a letter from Mr. Ung Huot and Mr. Samdech Hun Sen, Prime Ministers of Cambodia, providing assurances of security for the elections scheduled for 1998 and for the returning political leaders. In his letter, the Secretary General said that he was responding to the letter from Mr. Huot and Mr. Hun Sen that the guarantees offered by them combined with the role that the United Nations would play at the request of the Governments of the Association of South-East Asian Nations (ASEAN) "Troika," provided an adequate atmosphere for the return of political leaders.

On this same topic, the president of the Council received a visit from the representatives of the ASEAN "Troika", who told him that, in relation to Cambodia, the Council had limited itself to taking note of the reports of the Secretary General and that some type of political backing or positive sign of encouragement of the Secretary General's efforts could be required henceforth. In addition, they reported that they had asked the Secretary General for the assistance and cooperation of the United Nations to monitor and observe the safe return of the exiled political leaders and that the Secretary General was prepared to provide it on the understanding that the Council would back him in his decision.

In response to this request, on 30 October the President of the Council wrote to the Secretary General noting, among other things, that the members of the Council had taken note with appreciation of his letter of 27 October and its annex, that they welcomed the commitments of the leaders of the Government of Cambodia contained in the annex and that they supported the steps the Secretary General was taking to ensure the monitoring of the return of the exiled political leaders and the resumption of their political activities.

On 3 October consultations were held between the members of the Security Council, the Secretariat and the troop-contributing countries for the United Nations Iraq-Kuwait Observation Mission (UNIKOM), pursuant to the Presidential statement of 28 May 1996 (S/PRST/1996/13). Previously, on 24 September, the Secretary General had issued his report on UNIKOM (S/1997/740), in which he recommended that the Observation Mission be maintained.

The Council considered the question on 6 October and concurred with the Secretary General's recommendation, deciding that it would review the question once again by 4 April 1998. The Secretary General was so notified in a letter signed by the President of the Council dated 6 October (S 1997/773).

Subsequently, on 24 October the Secretary General wrote to the President of the Council informing him that Major General Giuseppe Santillo of Italy, Commander of the UNIKOM forces, would leave his post in November 1997 and that, after consultations with the parties concerned, he intended to designate Major General Esa Kalevo Tarnavien of Finland to replace him. On 30 October a draft reply was circulated, expressing the Council's agreement to this appointment; this reply was eventually sent under the Council Presidency of China.

IV. Europe

Croatia

On 9 October the members of the Council considered the report of the Secretary General on the United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium (UNTAES) (S/1997/767). The Transitional Administrator, Mr. William Walker, was present on that occasion and gave a briefing on the latest events in the regard.

Later, the members of the Council considered a draft presidential statement prepared by the members of the Contact Group and introduced by the delegation of the Russian Federation, which was adopted on 20 October.

In this statement (S/PRST/1997/48), the Council noted with approval several positive actions taken by the Government of Croatia which were referred to in the Secretary General's report of 2 October, as well as those which had been taken since the report was issued. It continued to note with concern that there were still many outstanding areas and issues of contention and noncompliance, which required further, urgent action from the Government of Croatia.

In this statement the Council recognized the latest measures taken by the Government of Croatia, in particular the establishment of a programme for national reconciliation, and again identified the conditions yet to be fulfilled, thus declaring concluded the consideration of the last report of the Secretary General before the expiry of the UNTAES mandate.

Bosnia and Herzegovina

On 30 October the members of the Council heard a briefing from Mr. Kai Eide, Special Representation of the Secretary General and Coordinator of United Nations Operations in Bosnia and Herzegovina, who stated that in the past few months positive events had occurred in the country, but that the threats of secession and attempts of one group to dominate the other had not yet been eliminated.

V. Financial Elements

First, we must note with satisfaction that, in relation to sanctions, a new trend which a number of members of the Security Council had sought to support in the Council's decisions began to take shape. This trend was to endeavour to direct sanctions against those responsible for conflict situations, such as in the cases of Sierra Leone and Angola. The point was to avoid applying measures that could have negative humanitarian consequences for the bulk of the population, which was innocent of the decisions and actions taken by their leaders, who should be sanctioned.

Second, there was a growing participation by the regions and subregions in dealing with crises affecting a given State. This has been occurring more frequently in the case of Africa, as in the response of the Economic Community of West African States (ECOWAS) to the situation in Sierra Leone (and previously in Liberia). Similarly, the countries of the subregion are working through MISAB in the Centrai African Republic as they did through the International Mediation Committee in the case of the Republic of the Congo. The Security Council is promoting this type of three dimensional relationship ( Security Council, region and subregion) to help find solutions to conflict situations.

The Secretary General attended the informal consultations of the Security Council on 14 and 15 October to brief the members on the situation in the Republic of the Congo. On the first of these occasions, the Council members requested the Secretary General and the President of the Council to make a joint statement to the press on the difficult situation in that country at the time.

The situation in the Republic of the Congo and other African matters were also discussed at the luncheon given by the President of the Security Council in honour of the Secretary General on 7 October. With regard to Council procedures, it is important to note that during the month of October the conclusion mechanism was used twice by the President of the Council at the end of a formal meeting at which a resolution was adopted. This occurred in the cases of Western Sahara and Angola. These conclusions do not form part of the respective resolutions, but they are set down in the record of the relevant formal meeting.

Two meetings were held under the Arria formula. On 3 October the Minister for Foreign Affairs of the Democratic Republic of the Congo was received, and on 15 October the former Ambassador of Venezuela, Mr. Diego Arria, was invited to speak; as its creator, he discussed the origins of the formula which bears his name.

On 29 October the President of the Council submitted the annual report of the Security Council to the General Assembly. He had previously visited the President of the General Assembly to review the agendas of the two principal organs of the United Nations for the month of October.

Despite the best intentions of the Chilean delegation, it was impossible to hold an open debate owing to the failure of the Council members to come to an agreement.

Finally, the Chilean delegation wishes to thank Secretary General Kofi Annan, Under Secretaries General Kieran Prendergast, Bernard Miyet and Yasushi Akashi and their teams, for the help they gave the Council Presidency under Chile in October. We also pay tribute to Ms. Neylan Bali and the staff of the Security Council Affairs Division of the Department of Political Affairs for their support.



Presidential Assessments of the Work of the Security Council