Fifty-fourth Session · Supplement No. 47 (A/54/47)
United Nations · New York, 25 July 2000
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
Annexes I - V
I. General Assembly resolution 48/26 of 3 December 1993
II. General Assembly resolution 53/30 of 23 November 1998
Annex I.
General Assembly resolution 48/26 of 3 December 1993
Question of equitable representation on and increase in the membership of the Security Council
The General Assembly,
Recalling its resolution 47/62 of 11 December 1992,
Noting with appreciation the report of the Secretary-General which reflected the views of a number of Member States on the agenda item entitled "Question of equitable representation on and increase in the membership of the Security Council",
Recalling also the relevant provisions of the Charter of the United Nations, especially Article 23,
Recalling further that the Members confer on the Security Council primary responsibility for the maintenance of international peace and security and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf,
Recognizing the need to review the membership of the Security Council and related matters in view of the substantial increase in the membership of the United Nations, especially of developing countries, as well as the changes in international relations,
Bearing in mind the need to continue to enhance the efficiency of the Security Council,
Reaffirming the principle of the sovereign equality of all Members of the United Nations,
Acting in accordance with the purposes and principles of the Charter,
Mindful of the importance of reaching general agreement,
1. Decides to establish and Open-ended Working Group to consider all aspects of the question of increase in the membership of the Security Council, and other matter related to the Security Council;
2. Requests the Open-ended Working Group to submit a report on the progress of its work to the General Assembly before the end of its forty-eighth session;
3. Decides to include in the provisional agenda of its forty-eighth session an item entitled "Question of equitable representation on and increase in the membership of the Security Council and related matters".
Annex II.
General Assembly resolution 53/30 of 23 November 1998
Back to topQuestion of equitable representation on and increase in the membership of the Security Council and related matters
The General Assembly,
Mindful of Chapter XVIII of the Charter of the United Nations and of the importance of reaching general agreement as referred to in resolution 48/26 of 3 December 1993, determines not to adopt any resolution or decision on the question of equitable representation on and increase in the membership of the Security Council and related matters, without the affirmative vote of at least two thirds of the Members of the General Assembly.
Annex III.
Programme of work of the Open-ended Working Group during the fifty-fourth session of the General Assembly*
* Previously issued as document A/AC.247/2000/CRP.1. Programme of work of the Working Group during the fifty-fourth session of the General Assembly*
1. Working methods of the Security Council and transparency of its work.
2. Decision-making in the Security Council, including the veto.
3. Expansion of the Security Council:
(a) Total size of the enlarged Security Council;
(b) Increase in the permanent membership (including issues of extension
of the veto to the new permanent membership and permanent regional representation);
(c) Increase in the non-permanent membership (including the possibility
of an increase, for the time being, only in this category of membership).
4. Periodic review of the enlarged Security Council.
5. Other matters.
6. Report of the Open-ended Working Group to the General Assembly.
Annex IV.
Conference room paper submitted by the Bureau of the Open-ended Working Group: working methods of the Security Council and transparency of its work, as well as its decision-making process*
* Previously issued as document A/AC.247/2000/CRP.2.
I. Introduction
In this paper, the Bureau of the Open-ended Working Group has made an attempt to list proposals and issues, previously raised in the Working Group or in the General Assembly, as the members of the Bureau have understood them, regarding items 2, 3 and 4 of the programme of work: decision-making in the Security Council, including the veto; expansion of the Security Council; and periodic review of the enlarged Security Council.
The Bureau is well aware that this paper may not cover all current proposals and issues in cluster I, and that many suggestions can be added. It is the hope of the Bureau that a conference room paper of this kind, being developed as the debate in the Group moves forward, will be helpful to the efforts to identify areas where agreement may be possible; where further consultations are needed; and where no agreement may now seem possible. It could also be seen as an instrument to engage even more delegations in the discussion of major cluster I issues.
II. Decision-making in the Security Council, including the veto
A. The veto as a voting instrument in the Security Council
In last year's report from the Open-ended Working Group, the following was stated under general observations: "In the context of the discussion of the Working Group, the question of the enlargement of the Security Council implies the consideration of the question of the veto." The question of the veto is an issue of concern to all Member States, and has been widely commented upon during previous sessions of the Working Group. The following list of suggestions made during those sessions may facilitate references in the continued discussion of this issue:
Suggested options:
(1) The veto as a voting instrument should be maintained as today. [oral statements]
(2) The permanent members of the Security Council, collectively or individually, should commit themselves, in a legally binding manner, not to resort to the veto or to the threat of its use beyond actions taken under Chapter VII of the Charter. Such commitments should be incorporated into the rules of procedure of the Security Council. [A/52/47, annex XI, section I.A, para. 1]
(3) The permanent members of the Security Council should commit themselves, individually or collectively, not to resort to the veto during a given period of time (moratorium). [oral statements]
(4) 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. [A/52/47, annex XVI, para. 4.a]
(5) The permanent members of the Security Council should endeavour not to resort to the veto or to the threat of its use. They should exercise the veto in a manner consistent with their responsibilities under the Charter. The General Assembly should adopt a declaration encouraging Security Council members to make every effort to seek consensus in the Council's decision-making process. [A/52/47, annex XV]
(6) 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. [A/52/47, annex XVI, para. 4.b]
(7) The following decisions have been suggested to be deemed procedural, in addition to those contained in the annex to resolution 267 (III):
(a) All decisions taken by the Security Council under Chapter VI of the Charter, including:
(i) Decisions to call upon the parties to a conflict to resort to peaceful means of conflict resolution;
(ii) Decisions on mediation efforts and measures of preventive diplomacy;
(iii) Decisions calling for gathering of information or for the dispatch of observers to ascertain facts;
(b) Decisions to call upon the parties to a conflict to abide by the rules of international humanitarian law;
(c) Decisions on procedural matters related to consultations with troop-contributing countries;
(d) Decisions on the timing and modalities of submitting the report of the Security Council to the General Assembly;
(e) Recommendations of the Security Council made in accordance with Articles 4, 5, 6 and 97 of the Charter;
(f) Decisions taken under Article 40 relating to provisional measures;
(g) Decisions adopted on the basis of implementing Article 50. [A/52/47, annex XI, section I.A, para. 6]
(8) Resolution 267 (III), with its updated annex and any agreed additional decisions deemed procedural, should be recommended to the Security Council for adoption and incorporation into its rules of procedure. [A/52/47, annex XI, section I.A, para. 7]
(9) The veto should be excluded in respect of recommendations under Articles 4, 5, 6 and 97 of the Charter of the United Nations. [A/52/47, annex XVI, para. 4.c]
(10) The Security Council should introduce a practice whereby a permanent member would be able to cast a negative vote without such a vote constituting a veto when the member so declares. This would be similar to the current practice concerning the abstention, non-participation or absence of a permanent member in the Council's decision-making process. [A/52/47, annex XI, section I.A, para. 3]
(11) The Charter should be amended so that, as a first step, the veto would apply only to decisions taken under Chapter VII of the Charter, inter alia, through amendments to Articles 4, 5, 6, 27, 97, 108 and 109 of the Charter. [A/52/47, annex XI, section 1.B, para. 8]
(12) Paragraph 2 of Article 27.2, pertaining to decisions on procedural matters, should be redefined. [A/52/47, annex XI, section I.B, para. 9]
(13) The Charter should be amended to provide, as part of the voting mechanism of the Security Council under Article 27 of the Charter, for a reference to the veto with all its specific criteria. [A/52/47, annex XI, section I.B, para. 10]
(14) The Charter should be amended so that at least two negative votes by permanent members of the Security Council would be required to prevent the adoption of a decision that has received the required majority. [A/52/47, annex XI, section B, para. 12]
(15) The Charter should be amended to provide for suspension of the veto on specific occasions, as defined by a prescribed qualified majority of the General Assembly. [A/52/47, annex XI, section B, para. 11]
B. The number of affirmative votes required for decisions in the Security Council
If and when it is agreed that the Council be expanded, there will also be a need to consider the number of affirmative votes required for decisions in the Security Council. That includes a consideration of whether the present action threshold of 60 per cent (9 votes out of 15) should be maintained.
III. Expansion of the Security Council
A. Last year's report
In last year's report from the Open-ended Working Group, the following was stated under general observations:
"In order to strengthen the role and function of the Security Council, one way is to ensure a more equitable representation of the membership of the United Nations in that organ, in accordance with the sovereign equality of States and other relevant provisions of the Charter, and to make its work more transparent.
"A more equitable representation in the Security Council may be obtained by increasing the number of its members, taking into account the substantial increase in the membership of the United Nations, especially of developing countries, as well as the changes in international relations.
"The number of members of an enlarged Security Council should be from 20 to 26 as a minimum."
B. Total size of the enlarged Security Council
Suggested options:
(1) No more than 20 to 21 members;
(2) 23 to 25 members;
(3) 24 members;
(4) Not less than 26 members;
(5) Any other option. [A/53/47, annex IX, para. 2]
C. Increase in the permanent membership (including issues of extension of the veto to the new permanent membership and permanent regional representation)
Suggested issues:
(1) Increase in permanent membership:
(a) Number of new permanent seats;
(b) Distribution of new permanent seats;
(c) Rotational arrangements for new permanent seats;
(d) Procedure for designation of new permanent seats;
(e) Extension of the veto to new permanent members;
(2) No increase in permanent membership.
D. Increase in the non-permanent membership
Suggested issues:
(1) Number of new non-permanent seats;
(2) Distribution of new non-permanent seats;
(3) Procedure for designation of new non-permanent seats.
IV. Periodic review of the enlarged Security Council
A. Last year's report
In last year's report from the Open-ended Working Group, it was stated that the scope and modalities of the periodic review of an enlarged Security Council should be further considered by the Working Group. The following list of suggestions made during previous sessions may facilitate references in the continued discussion of this issue.
Suggested options:
(1) A periodic review could be an important element in facilitating efforts towards reaching general agreement on the issues within the mandate of the Working Group. [A/52/47, annex XXVI, section A, para. 1]
(a) The first review should take place 10 to 20 years after the conclusion of the present reform exercise. There should be subsequent periodic reviews thereafter every 10 to 12 or 15 to 20 years. [A/52/47, annex XXVI, section B, para. 4]
(b) One solution would be to undertake the periodic review at a time to coincide with the expiration of the tenure of members of those regions opting for regional rotational arrangements. [A/52/47, annex XXVI, section B, para. 4]
(c) The periodic review should automatically be included on the agenda of the General Assembly. [A/52/47, annex XXVI, section B, para. 5]
(d) The review process should be concluded within two years. [A/52/47, annex XXVI, section B, para. 5]
(e) The scope of the review process should be comprehensive in order to address all aspects of reform, including the status of new permanent members as well as the question of the veto and accountability. [A/52/47, annex XXVI, section C, para. 6]
(f) The review process should also take into account the question of under-representation as well as over-representation of any region on the Council in both permanent and non-permanent categories. [A/52/47, annex XXVI, section C, para. 6]
(g) In order to retain their status, countries having been elected as new permanent members of the Council would need to secure, at the review process, the support of at least a two-thirds majority of the membership of the United Nations. [A/52/47, annex XXVI, section C, para. 7]
(h) Countries having been elected as new permanent members of the Council would continue as permanent members unless otherwise decided by a two-thirds majority of the membership of the United Nations. [A/52/47, annex XXVI, section C, para. 7]
(i) The periodic review should not cover the rights and obligations held by the original five permanent members. [A/52/47, annex XXVI, section C, para. 8]
(j) The veto should be discussed only during the periodic review. If the veto were to be extended to the new permanent members they would agree not to exercise their right until the review takes place. [A/52/47, annex XXVI, section C, para. 9]
(k) The time leading up to the first review could be used to prepare for a more consolidated arrangement which should include recommendations on the veto rights of the original permanent members and that of the new permanent members with a view to bridging the gap between them. [A/52/47, annex XXVI, section C, para. 9]
(l) The review process should not be subject to the use of the veto by the original permanent members and/or the new permanent members. [A/52/47, annex XXVI, section D, para. 10]
(2) A review process would be unnecessary. [A/52/47, annex XXVI, section A, para. 3]
Annex V.
Conference room paper submitted by the Bureau of the Working Group,
entitled "Working methods of the Security Council and transparency of
its work"*
* Previously issued as document A/AC.247/2000/CRP.3.
I. Introduction
In the present revised version of the conference room paper on the working methods of the Security Council and transparency of its work, which was reproduced in annex XI of last year's report (A/53/47), paragraphs and subparagraphs which have been provisionally agreed in the Working Group are marked with bold typeface. For paragraphs where there is not yet provisional agreement, amendments and suggestions presented in the discussion in the Working Group, as recorded by the Bureau, have also been listed.
II. Relationship between the Security Council, the General Assembly and the general membership of the United Nations
A. Meetings of the Security Council and informal consultations of the whole** ***
** This title to be reviewed when we reach the stage of institutionalization.
*** This section has been suggested to be considered together with section F
1. Suggested improvements to the present practice:
(a) The Security Council should, as a general rule, meet in a public format open to all States Members of the United Nations;
Suggested amendments to subparagraph (a)
(1) Insert the words "conduct its business" in place of the word "meet".
(2) Insert the words "conduct its business in public meetings" in place of the words "meet in a public format".
(3) Insert the words "should meet in a public format as frequently as practicable" in place of the words "should, as a general rule, meet in a public format".
(4) In the immediately preceding suggestion (number 3 above), insert the words "more frequently" in place of the words "as frequently as possible".
(5) Insert the words "pursue its activities" or the words "pursue its work" in place of the word "meet".
(6) Insert the words "to the extent feasible" in place of the words "as a general rule".
(b) Exceptionally, the Security Council may meet in private;
Suggested amendments to subparagraph (b)
(1) Delete the entire subparagraph.
(2) Insert the words "Under special circumstances" in place of the word "Exceptionally".
(c) When special circumstances so require, the members of the Security Council may meet for informal consultations of the whole;
Suggested amendments to subparagraph (c)
(1) Revise the subparagraph to read: "When the members of the Security Council agree that special circumstances so require, they may meet for informal consultations of the whole".
(2) Revise the subparagraph to read: "When the Security Council agrees that special circumstances so require, [its members]/[it] may meet for informal consultations of the whole".
(3) Revise the subparagraph to read: "When members of the Security Council determine that circumstances so require, they may meet for informal consultations of the whole".
Suggested amendments to subparagraphs (a), (b) and (c)
(1) Replace all three subparagraphs with the following subparagraph: "The Security Council should pursue its activities in public meetings open to all members of the United Nations, except when it decides to conduct private meetings (as provided for by rule 48 of the provisional rules of procedure of the Security Council), or when it agrees that exceptional circumstances require informal consultations of the whole".
(2) In the amendment under point (1) immediately above, insert the words "meet, conduct its business, and vote" in place of the words "pursue its activities".
(d) The Security Council should, in a timely fashion and whenever appropriate, hold substantive orientation debates open to all Member States on matters under its consideration;
Suggested amendment to subparagraph (d)
(1) Insert the words "in particular at the beginning of its consideration of its agenda items" in place of the words "on matters under its consideration".
(e) The Security Council should, whenever possible, meet at the ministerial level on important items;
(f) When the Secretary-General, his/her special representatives and/or special envoys, and the heads or representatives of United Nations bodies, agencies or field missions report to the Security Council, they should do so, as appropriate, in a public format.
Suggested amendments to subparagraph (f)
(1) Insert the words "as a general rule" in place of the words "as appropriate".
(2) Insert the word "normally" in place of the words "as appropriate".
(3) Insert the words "when appropriate" in place of the words "as appropriate".
(4) Delete the words "as appropriate".
2. Institutionalization:
Incorporate provisions to this effect into the rules of procedure of the Security Council or, as appropriate, statements by the President of the Council.
B. Programme of work of the Security Council and agenda of its meetings and informal consultations of the whole*
* This title to be reviewed when we reach the stage of institutionalization.
3. Suggested improvements to the present practice:
(a) The Security Council's tentative forecast of its programme of work for the coming month should be made available to all Member States as soon as it is available to members of the Council;
(b) The calendar setting out the Security Council's provisional monthly schedule of work, and updated versions thereof, should be made available to all Member States as soon as possible after their consideration by the members of the Council;
(c) The Council should consider its monthly programme of work at a public meeting;
(d) The provisional agenda of the Security Council, with indications as to actions expected of the Council (e.g., decisions on draft resolutions and presidential statements, reports, exchanges of views etc.) and the agenda for informal consultations of the whole, including a list of issues to be discussed under "other matters", whenever they are known in advance, should be included in the Journal of the United Nations.
4. Institutionalization:
Incorporate provisions to this effect into the rules of procedure of the Security Council or, as appropriate, statements by the President of the Council.
C. Briefings by the President of the Security Council to non-members, availability of draft resolutions and summaries of meetings and informal consultations of the whole*
* This title to be reviewed when we reach the stage of institutionalization.
5. Suggested improvements to the present practice:
(a) The present practice followed by the Presidency of the Security Council of briefing non-members should be continued. The briefings should take place immediately after Council meetings or informal consultations of the whole. Interpretation should be provided for those briefings. Briefings for non-members should be closed and held no later than briefings for the media. The President of the Council will decide whether written records of such briefings should also be distributed. 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;
Suggested amendments to subparagraph (a)
(1) In the second sentence, insert the word "private" between the word "Council" and the word "meetings".
(2) In the fourth sentence, insert the words "in parallel with" in place of the words "no later than".
(3) In the fourth sentence, insert the words "statements to the media" in place of the words "briefings for the media".
(4) In the fifth sentence, insert the words "including the elements of statements made by him/her to the press" between the words "such briefings" and the word "should" [agreed amendment].
(5) In the final sentence, insert the words "made available" in place of the word "transmitted".
(b) A short factual summary of the Council's informal consultations of the whole, prepared by the Secretariat in consultation with the President, should be circulated to all Member States no later than the day after. The summaries should also be transmitted to permanent missions through electronic mail;
Suggested amendments to subparagraph (b)
(1) Delete the entire subparagraph.
(2) Insert the words "a short summary of major points of discussion" in place of the words "a short factual summary".
(3) Redraft the subparagraph to take into consideration the need for confidentiality.
(c) Draft resolutions and draft presidential statements, as well as other draft documents that are tabled at informal consultations of the whole of the Council for action on its agenda items, should be made available by the President of the Security Council also to non-members of the Council as soon as such documents are tabled; or earlier, if so authorized by the author of the draft;
(d) The President, in briefing non-members of the Council, should provide information about the main elements and any new elements of draft resolutions, presidential statements and other documents under consideration by the Council.
6. Institutionalization:
Incorporate provisions to this effect into the rules of procedure of the Security Council or, as appropriate, statements by the President of the Council.
D. Meetings with troop-contributing countries and other countries contributing to peacekeeping operations
7. Suggested improvements to the present practice:
(a) Meetings between members of the Security Council, countries which contribute troops and civilian police, and countries that make special contributions to peacekeeping operations, such as contributions to trust funds, logistic equipment and other resources, both current and prospective, should be held on a regular basis before and during the decision-making process on the establishment, conduct, review and termination of peacekeeping operations, including the extension and change of mandates, as well as specific operational issues. In case of emergencies, such meetings should be held promptly;
Suggested amendments to subparagraph (a)
(1) In the first sentence, insert the word "and" in place of the first comma and delete the words "and countries that make special contributions to peacekeeping operations, such as contributions to trust funds, logistic equipment and other resources".
(2) Insert a new subparagraph (a) bis to read: "Countries that make special contributions to peacekeeping operations other than troops and civilian police — that is, contributions to trust funds, logistics and equipment — should be invited to these meetings".
(3) Insert an alternative subparagraph (a) bis to read: "The existing practice of inviting to these meetings countries that make special contributions to peacekeeping operations other than troops and civilian police — that is, contributions to trust funds, logistics and equipment — should continue".
(4) Insert a new subparagraph (a) ter to read: "The Security Council should ascertain the views of the prospective troop-contributing countries before and while drafting mandates for peacekeeping operations since these countries are primarily responsible for implementing the Council's mandate on the ground. While authorizing force, the Security Council should adhere to the provisions of Articles 43 and 44 of the Charter of the United Nations.
(b) Meetings with troop-contributing countries and other countries contributing to peacekeeping operations should be convened and chaired by the President of the Security Council, supported by the Secretariat;
(c) The President of the Security Council should make the necessary arrangements to ensure that the meetings with troop-contributing countries and other countries contributing to peacekeeping operations are held at a time that allows those countries to adequately consider the relevant reports of the Secretary-General. The Secretariat should make these reports available at an appropriate time before such meetings;
(c) bis The Secretariat should make available, in all official languages, to troop-contributing countries weekly reports on field operations, which are available to members of the Security Council;
(d) Upon the request of a troop-contributing country, the President of the Council should promptly convene meetings with troop-contributing countries and other countries contributing to peacekeeping operations;
Suggested amendment to subparagraph (d)
Insert after the word "country" the words "in case of emergencies".
(e) Other countries contributing to peacekeeping operations should be invited, as appropriate, to these meetings;
Suggested amendments to subparagraph (e)
(1) Move this subparagraph to appear after suggested subparagraph (a) bis and renumber it (a) ter.
(2) Merge this subparagraph with suggested subparagraph (a) bis.
(f) Countries directly concerned and/or affected by peacekeeping operations, including host countries, should also, in specific circumstances and where appropriate, be invited to these meetings;
Suggested amendments to subparagraph (f)
(1) Move this subparagraph to appear after suggested subparagraph (a) ter and renumber it (a) quater.
(2) Delete the words "in specific circumstances and where appropriate".
(g) Meetings should be announced in the Journal of the United Nations;
(h) Immediately following meetings between Security Council members, troop-contributing countries, other contributors and the Secretariat, the President should brief interested non-members of the Security Council on the contents of such meetings. Such briefings should be announced in the Journal of the United Nations;
(i) A written summary of meetings with troop-contributing countries, prepared by the Secretariat in consultation with the President of the Security Council, which does not compromise the confidentiality of the work of those meetings, should be made available promptly to all Member States. Written copies of the Secretariat's briefings at those meetings should, whenever possible, be made available to troop-contributing countries upon request;
(j) The President of the Security Council should report to the Council the views expressed by participants at troop-contributors' meetings. The Council should fully take into account these views in its deliberations.
8. Institutionalization:
Incorporate provisions to this effect into the rules of procedure of the Security Council or, as appropriate, statements by the President of the Council.
E. Reports of the Security Council to the General Assembly
9. Suggested improvements to the present practice:
(a) The annual report of the Security Council to the General Assembly should give a detailed and comprehensive account of the Council's work and it should be made available to the General Assembly no later than 30 August;
Suggested amendments to subparagraph (a)
(1) Insert after the words "annual report of the Security Council to the General Assembly" the words "submitted pursuant to Article 24 (3) of the Charter" [agreed amendment].
(2) Insert the word "factual" in place of the words "detailed and comprehensive".
(3) Insert the word "factual" between the words "comprehensive" and the word "account".
(4) Insert the word ", objective" between the word "detailed" and the words "and comprehensive".
(5) Insert the words "substantive, analytical and material" in place of the words "detailed and comprehensive".
(6) Insert the words "if possible" after the words "made available to the General Assembly".
(7) Insert the words "before the beginning of the general debate" in place of the words "no later than 30 August".
(b) Upon the completion of his/her Presidency, each President of the Security Council should provide a substantive and analytical assessment of the work of the Council, including, as appropriate, informal consultations of the whole, held during his/her Presidency. These assessments should be balanced, comprehensive and objective and distributed as official documents to all Member States immediately after their issuance by the outgoing President. They should also be appended to the annual report of the Council to the General Assembly;
Suggested amendments to subparagraph (b)
(1) Insert in the first sentence the words "brief assessment" in place of the words "substantive and analytical assessment".
(2) Insert the words "prepared under the exclusive responsibility of the President following consultations with Council members" in the second sentence after the word "assessments".
(3) In the second sentence insert the word "objective" in place of the word "analytical".
(4) Delete in the second sentence the words "should be balanced, comprehensive and objective and".
(5) In the second sentence, insert a full stop after the words "balanced, comprehensive and objective" and replace the words "and distributed" with the words "They should be distributed".
(6) Insert the words "be made available" in place of the words "distributed as official documents".
(c) The annual report of the Security Council should also include information on the informal consultations of the whole;
(d) The Security Council should include in its annual report information on requests received under Article 50 of the Charter and actions taken by the Council thereon;
(e) The annual report should enable Member States to assess the extent to which General Assembly and Security Council resolutions have been taken into account by the Council in its decision-making process on issues falling within the scope of the General Assembly and of the Security Council;
Suggested amendment to subparagraph (e)
Replace the subparagraph with the following sentence: "The annual report should enable Member States to assess the extent to which relevant General Assembly resolutions have been taken into account by the Council in its decisions."
(f) The Security Council should, in preparing its annual report to the General Assembly, fully take into account Assembly resolution 51/193 of 17 December 1996. In particular, it should:
(i) Include, as appropriate, information on consultations of the whole undertaken prior to action or deliberation by the Council on issues within its mandate and on the process leading to such action;
(ii) Include decisions, recommendations or other substantive work of the subsidiary organs of the Council, in particular the sanctions committees, in the appendices to the annual report;
Suggested amendments to subparagraph (f)
(1) Delete the entire subparagraph.
(2) Delete subparagraph (f) (i).
(3) Insert a new subparagraph (f) (ii) bis to read: "Strengthen further the section in the report on the steps taken by the Council to improve its working methods".
(4) Delete in subparagraph (f) (i) the words "as appropriate".
(g) The Security Council should, when necessary, submit special reports to the General Assembly in accordance with Article 24 (3) of the Charter, for the consideration of the Assembly in accordance with Article 15 (1) of the Charter;
(h) The Security Council is invited, through an appropriate procedure or mechanism, to update the General Assembly on a regular basis on the steps it has taken or is contemplating taking with respect to improving its reporting to the Assembly.
10. Institutionalization:
Incorporate provisions to this effect into the rules of procedure of the Security Council or, as appropriate, statements by the President of the Council.
F. Participation of non-members in meetings of the Security Council and informal consultations of the whole* **
* This title to be reviewed when we reach the stage of institutionalization.
** This section has been suggested to be considered together with section A.
11. Suggested improvements to the present practice:
(a) The Security Council should more frequently hear the views of non-members of the Council, in public meetings at the beginning of its consideration of a substantive matter;
Suggested amendments to subparagraph (a)
(1) Delete the entire subparagraph.
(2) Insert the words "in particular" after the words "in public meetings".
(3) Merge the subparagraph with subparagraph 1(d) in section A.
(b) When a non-member of the Security Council submits a written request for a meeting with the President of the Council to discuss an urgent matter affecting its interests, the President should acknowledge such a request in writing. Upon receipt of such a request, the President should promptly meet the non-member in question and inform the Council about the démarche;
(c) The Security Council should fully implement Articles 31 and 32 of the Charter and rules 37 and 38 of the Council's provisional rules of procedure, so that non-members whose interests are specially affected may participate in discussions of any question brought before the Security Council. Positive consideration should be given to requests of non-members seeking to participate in such discussions;
Suggested amendments to subparagraph (c)
(1) Delete the entire subparagraph.
(2) In the first sentence, delete the reference to Article 32 and to rule 38.
(3) Insert a new subparagraph (c) bis to deal with the case of Article 32 and rule 38.
(4) In the first sentence, insert the words "to ensure better participation by non-members in" in place of the words "so that non-members whose interests are specially affected may participate in".
(5) In the first sentence, insert the words "or are parties to a dispute" after the words "specially affected".
(6) In the first sentence, insert the words "be invited to" between the word "may" and the word "participate".
(7) In the second sentence, insert the word "such" after the words "requests of" [agreed amendment].
(8) Delete the second sentence.
(d) The Security Council should, on a timely and regular basis, conduct consultations with countries affected by the decisions of the Council;
Suggested amendment to subparagraph (d)
Insert the words "The President of the Security Council" in place of the words "The Security Council".
(e) The members of the Security Council should, as appropriate, invite non-members of the Council to participate in their discussions during informal consultations of the whole on matters directly affecting such members, under similar arrangements as stipulated in Articles 31 and 32 of the Charter.
Suggested amendments to subparagraph (e)
(1) Delete the entire subparagraph.
(2) Delete the words "as appropriate".
(3) Revise the subparagraph to read: "The non-members of the Security Council should be invited to participate in Council discussions during informal consultations of the whole on matters directly affecting them, under similar arrangements as stipulated in Articles 31 and 32 of the Charter".
12. Institutionalization: Incorporate provisions to this effect into the rules of procedure of the Security Council or, as appropriate, statements by the President of the Council. G. "Arria formula"
13. Suggested improvements to the present practice: Members of the Security Council could, as appropriate, on the initiative of a Council member, resort to the Arria formula, as an informal way to hear views and obtain or exchange information related to issues under consideration by the Council. The level of representation of the Security Council members should be commensurate with that of those invited. Suggested amendments
(1) Replace the first sentence with the following two sentences: "On the initiative of one of its members, and in keeping with rule 39 of its provisional rules of procedure, the Security Council could resort, as appropriate, to the Arria formula to hear views and obtain or exchange information with personalities, organizations, institutions, or whomever it considers pertinent, involved in a conflict. At no time will the Security Council receive representatives of Governments of United Nations Member States under this mechanism".
(2) In the suggested amendment (1) above, delete the reference to rule 39 in the provisional rules of procedure.
(3) In the suggested amendment (1) above, insert the words "the members of" in the first sentence before the words "the Security Council".
(4) In the suggested amendment (1) above, insert the words "based on the agreement of its members" in the first sentence after the words "Security Council".
(5) In the suggested amendment (1) above, replace the first sentence with the following two sentences: "The Security Council should fully implement rule 39 of its provisional rules of procedure. Bearing in mind this rule, the Security Council may agree to resort, as appropriate, to the Arria formula as an informal way to hear views and obtain or exchange information with personalities, organizations, institutions, or whomever it considers pertinent, involved in a conflict".
(6) In the suggested amendment (1) above, insert the words "in an informal way" in the first sentence after the words "obtain or exchange information".
(7) In the suggested amendment (1) above, delete the word "personalities" in the first sentence.
(8) In the suggested amendment (1) above, insert the words "any persons whom" in place of the words "personalities, organizations, institutions or whomever" in the first sentence.
(9) In the suggested amendment (1) above, insert the words "in accordance with Article 65 of the Charter and as provided for by the Economic and Social Council" in the first sentence after the words "personalities, organizations, institutions".
(10) In the suggested amendment (1) above, delete the words "involved in a conflict" in the first sentence.
(11) In the suggested amendment (1) above, insert the words "because of their responsibilities or personal or institutional influence, contribute to a better understanding of the situation under consideration" in place of the words "involved in a conflict" in the first sentence.
(12) In the suggested amendment (1) above, insert the words "issues before the Council" in the first sentence in place of the words "involved in a conflict".
(13) Delete the second sentence.
(14) Delete the entire section G.
14. Institutionalization:
Incorporate provisions to this effect into the rules of procedure of the Security Council or, as appropriate, statements by the President of the Council.
H. Meetings of the Security Council in accordance with Articles 35 and 99 of the Charter
15. Suggested improvements to the present practice:
Requests for meetings of the Security Council in accordance with Articles 35 and 99 of the Charter should be immediately circulated as a document of the Council, and the requested meeting should be promptly convened.
16. Institutionalization: Incorporate provisions to this effect into the rules of procedure of the Security Council or, as appropriate, statements by the President of the Council.
I. Consultations pursuant to Article 50 of the Charter
17. Suggested improvements to the present practice:
(a) The Security Council should take measures providing for more effective implementation of the right contained in Article 50 of the Charter for any State, whether a Member of the United Nations or not, to consult the Council with regard to problems arising from its implementation of preventive or enforcement measures imposed by the Council. Such consultations should be held promptly upon a request submitted by the State concerned.
(b) The Security Council should promptly establish an effective mechanism to provide relief to affected States under Article 50 of the Charter which would become immediately operational upon the receipt of such request. Suggested amendment to subparagraph (b) Delete the entire subparagraph.
(c) The Security Council should fully implement those sections in annex II to General Assembly resolution 51/242 of 15 September 1997, entitled "Question of sanctions imposed by the United Nations", that are relevant to the application of Article 50 of the Charter and relate to the working methods of the Security Council and the transparency of its work.
18. Institutionalization:
Incorporate provisions to this effect into the rules of procedure of the Security Council or, as appropriate, statements by the President of the Council.
J. Mechanism to alert non-members of the Security Council to unscheduled or weekend meetings
19. Suggested improvements to the present practice: The Secretariat should continue to alert non-members of the Security Council of unscheduled emergency meetings of the Council, including information as to their subject matter and purpose, during nights, weekends and holidays (e.g., a voice recording, a web site, an electronic message and a facsimile transmission to all Member States).
20. Institutionalization:
Incorporate provisions to this effect into the rules of procedure of the Security Council or, as appropriate, statements by the President of the Council.
K. Consultations between the President of the Security Council, the President of the General Assembly and the Secretary-General
21. Suggested improvements to the present practice:
(a) The President of the Security Council, the President of the General Assembly and the Secretary-General should hold regular monthly consultations, to which Members of the Bureau of the General Assembly could be invited, when the need arises. In the event of an international crisis or any other urgent development, such consultations should be held more frequently.
(b) The President of the Security Council is requested to raise with the President of the General Assembly, during their monthly informal meetings and when deemed appropriate, the measures mentioned in section E.9 (e) above. The President of the General Assembly should report to the Assembly on the steps taken by the Council in this regard.
(c) The President of the Security Council should brief the Chairmen of the regional groups on the programme of work of the Council at the beginning of the month and should later continue to inform them as appropriate and as need arises.
22. Institutionalization:
Incorporate provisions to this effect into the rules of procedure of the Security Council or, as appropriate, statements by the President of the Council.
L. Consultations with funds, programmes and agencies
23. Suggested improvements to the current practice:
In cases when the Security Council is involved in mandating humanitarian and operational assistance, the President of the Council should consult the presidents of the executive boards concerned.
Suggested amendments
(1) Revise the subparagraph to read: "The conduct of operational and humanitarian activities must conform to the guiding principles of humanitarian assistance and the principles of United Nations development assistance. In cases when, as a transitory and exceptional measure, the Security Council is involved in overseeing and mandating humanitarian and operational assistance, the President of the Council should consult the presidents of the executive boards concerned before the Council acts. The decisions of the respective executive board and of the General Assembly shall be final in all aspects of such programmes".
(2) Insert the words "the principal officers of the organizations concerned" in place of the words "the presidents of the executive boards concerned".
24. Institutionalization:
Incorporate provisions to this effect into the rules of procedure of the Security Council or, as appropriate, statements by the President of the Council.
M. Records and archives
25. Suggested improvements to the present practice:
(a) The Security Council should review its procedures and rules for the creation and maintenance of and access to the records and archives of its private and public meetings and consultations.
Suggested amendments to subparagraph (a)
(1) Delete the words "and consultations".
(2) Insert the words "informal consultations of the whole" in place of the word "consultations".
(3) Insert the words "of the whole" at the end of the sentence.
(b) Procedures for promptly fulfilling requests for these records and archives by the accredited representatives of any member of the Security Council should be established.
Suggested amendments to subparagraph (b)
(1) Insert the word "considering" in place of the word "fulfilling".
(2) Insert the words "access to" before the words "these records".
(3) Insert the word "non-members" in place of the words "any member".
(4) Insert the words "United Nations" in place of the words "Security Council".
(5) Insert a new subparagraph (b) bis to read: "Members of the Security Council shall at all times have the right to consult the records of the private meetings of the Council".
(c) In its annual report to the General Assembly, the Security Council should certify that the maintenance of its records and archives meet the established international standards for the management of records and archives.
26. Institutionalization:
Incorporate provisions to this effect into the rules of procedure of the Security Council or, as appropriate, statements by the President of the Council.
III. Subsidiary organs of the Security Council
A. Sanctions committees
27. Suggested improvements to the present practice:
(a) Summary records of the meetings of the sanctions committees, which do not compromise the confidentiality of the work of the committees, should be made available promptly to non-members of the Security Council;
(b) The sanctions committees should ensure that the administrative procedure of processing applications for exemptions from sanctions regimes is as efficient as possible in order to avoid delays in clearing applications and thus to minimize unintended adverse side effects of sanctions;
Suggested amendments to subparagraph (b)
(1) Insert a new subparagraph (b) bis to read: "The countries specially affected by sanctions regimes, including target countries, should be given reasonable access to sanctions committees to explain their situations directly related to the implementation of sanctions".
(2) In suggested subparagraph (b) bis, delete the word "reasonable".
(c) The Security Council should fully implement those sections in annex II to General Assembly resolution 51/242 of 15 September 1997, entitled "Questions of sanctions imposed by the United Nations", that are relevant to the procedures and working methods of the sanctions committees;
(d) The agenda of the formal meetings of the sanctions committees should be announced in the Journal of the United Nations in the same way as the agenda of the Security Council;
Suggested amendments to subparagraph (d)
(1) Delete the word "formal".
(2) Insert the word "all" in place of the words "the formal".
(d) bis Chairmen of sanctions committees should, as appropriate, after each meeting continue to give substantive and detailed briefings on their proceedings to non-members of the Council and, as appropriate, distribute documents which were considered in the course of such meetings. Such briefings should continue to be announced in the Journal of the United Nations;
(e) Public information on the work of the sanctions committees should be made available on the Internet and through other means of communication.
28. Institutionalization:
Incorporate provisions to this effect into the rules of procedure of the Security Council or, as appropriate, statements by the President of the Council.
B. Other subsidiary organs
29. Suggested improvements to the present practice:
(a) Meetings of subsidiary organs of the Council established pursuant to Article 29 of the Charter should be more transparent and their proceedings, when appropriate, open to non-members of the Council. Such meetings should be announced in the Journal of the United Nations, and information about the proceedings, in particular those regarding decisions and recommendations, should be made available to non-members.
Suggested amendments to subparagraph (a)
(1) Delete the word "more" in the first sentence.
(2) Delete the entire subparagraph.
(b) Chairmen of other subsidiary organs of the Security Council should, as appropriate after each meeting, give substantive and detailed briefings on their proceedings to non-members of the Council and, as appropriate, distribute documents which were considered in the course of such meetings. Such briefings should be announced in the Journal of the United Nations.
30. Institutionalization:
Incorporate provisions to this effect into the rules of procedure of the Security Council or, as appropriate, statements by the President of the Council.
IV. Relationship between the Security Council and other principal organs of the United Nations
A. International Court of Justice
31. Suggested improvements to the present practice:
In accordance with relevant provisions of the Charter, the Security Council should consider requesting more often the International Court of Justice to give an advisory opinion on any legal question.
Suggested amendments
(1) Insert the words "request more often" in place of the words "consider requesting more often".
(2) Insert the words "request as appropriate" in place of the words "consider requesting more often".
(3) Insert the words "relevant to the work of the Security Council" at the end of the sentence.
32. Institutionalization:
Incorporate provisions to this effect into the rules of procedure of the Security Council or, as appropriate, statements by the President of the Council.
B. Economic and Social Council
33. Suggested improvements to the present practice:
(a) In accordance with Article 65 of the Charter, the Security Council should consider requesting the Economic and Social Council to furnish it with information on matters relevant to the work of the Security Council.
34. Institutionalization: Incorporate provisions to this effect into the rules of procedure of the Security Council or, as appropriate, statements by the President of the Council.
V. Relationship between the Security Council and regional arrangements and agencies
35. Suggested improvements to the present practice:
(a) Efforts to enhance regional capacities should not relieve the Security Council of its obligations under the Charter of the United Nations, which confers on it the primary responsibility for the maintenance of international peace and security;
Suggested amendments to subparagraph (a)
(1) Insert the words "peacekeeping capacities of regional arrangements or agencies" in place of "regional capacities".
(2) Delete the entire subparagraph.
(b) In its relations with regional arrangements and agencies, the Security Council should fully implement the relevant provisions of General Assembly resolution 49/57 of 9 December 1994 and annex I to General Assembly resolution 51/242 of 15 September 1997, entitled "Coordination", bearing in mind the primary responsibility of the Security Council for the maintenance of international peace and security;
(c) Regional arrangements and agencies should be consulted on matters affecting the maintenance of international peace and security in accordance with Chapter VIII of the Charter and the relevant mandates of regional arrangements and agencies concerned. Suggested amendment to subparagraph (c) Insert the words "Close consultation should be maintained between the Security Council and regional arrangements and agencies" in place of the words "Regional arrangements and agencies should be consulted".
36. Institutionalization:
Incorporate provisions to this effect into the rules of procedure of the Security Council or, as appropriate, statements by the President of the Council.
VI. Rules of procedure and institutionalization of the measures taken by the Security Council to enhance its working methods and transparency
37. Suggested improvements to the present practice:
The Security Council should finalize its provisional rules of procedure. Towards this end, the following steps should be taken by the Council:
(i) The arrangements regarding various measures that the Council has already adopted to enhance its methods and transparency, as well as the new measures discussed above, should be institutionalized as proposed by this Working Group in sections II-V of the present report;
(ii) After institutionalization of the measures described in subparagraph (i) above, there should be an overall review of the provisional rules of procedure, after which the word "provisional" should be deleted.
Annexes VI - X
