by the Bureau Working Group on Security Council Reform
April 16, 1996
The first part of this paper is a factual description of the measures already adopted by the Security Council to enhance its working methods and procedures (section I). The paper then lists the proposals made in the Open-Ended Working Group to improve further the measures and practices already adopted by the Security Council (section II). In section III, the paper describes additional proposals made in the Open-Ended Working Group to enhance further the working methods and procedures of the Security Council.
Proposed measures in sections II and III are not exhaustive and will be further revised and updated as discussions proceed.
I. MEASURES ALREADY ADOPTED BY THE SECURITY COUNCIL TO
ENHANCE ITS WORKING METHODS AND PROCEDURES
Since June 1993, the Security Council has adopted a number of measures to improve its documentation, working methods and procedures. These measures include:
1. Reports of the Security Council to the General Assembly
(a) The Security Council should take all necessary measures to ensure the timely submission of its report to the General Assembly (S/26015, dated 30 June 1993).
(b) The draft annual report of the Security Council to the General Assembly should no longer be issued as a confidential document; it should be a document with a "limited distribution" designation, as is the common practice in other bodies of the United Nations (ibid.).
(c) The draft annual report of the Security Council to the General Assembly should be adopted at a public meeting of the Security Council. At that meeting, the document containing the draft report should be made available to interested delegations (ibid.).
2. Tentative forecast of the programme of work of the Security Council
(a) The tentative forecast of the programme of work of the Security Council for each month should be made available to all Members States, for information. This should be done once the Secretariat has presented the forecast to the President of the Council and it has been transmitted to the members of the Council (S/26176, dated 27 July 1993).
(b) The monthly tentative forecast of the work of the Council made available to Member States will in future include an indication of the expected schedule of such meetings for the month (S/PRST/1994/62, dated 4 November 1994).
(c) In the context of their review of the tentative forecast, the members of the Council will examine this schedule and communicate any suggested changes or proposals as to the timing of meetings to the Secretariat (ibid.).
3. Documents and agenda of the Security Council
(a) The provisional agenda for formal meetings of the Security Council should be included in the Journal of the United Nations, provided that it has been approved in informal consultations (S/26015, dated 30 June 1993).
(b) Effective 1 January 1994, the documents of the Council should be published in an annual series. Accordingly, the first Security Council document for 1994 should be numbered "S/1994/1" (S/26389, dated 31 August 1993).
(c) On the understanding that the verbatim record of each meeting of the Security Council will continue to be made available as provided in the provisional rules of procedure of the Council, and subject to final agreement by the Council on the basis of a further report from the Secretariat in early December 1993, as of 1 January 1994 the verbatim records are to be issued in final form only (ibid.).
(d) As part of the efforts to improve the documentation of the Security Council, the members of the Council have reviewed the list of matters of which the Security Council is seized. The Council has decided to remove 80 items from the list (S/26812, dated 29 November 1993).
(e) Effective 1 March 1994, draft resolutions in blue, that is, in provisional form, will be made available for collection by non-members of the Council at the time of consultations of the whole of the Council. Draft resolutions published in blue late at night will be made available for collection by non-members of the Council the following day (S/1994/230, dated 28 February 1994).
(f) As part of the efforts to improve the documentation of the Security Council, the members of the Council have again reviewed the list of matters of which the Security Council is seized. The Council has decided to remove 25 items from the list (s/1994/896, dated 28 July l994).
(g) As part of the efforts to improve the documentation of the Security Council, the members of the Council have again reviewed the list of matters of which the Security Council is seized. The Council has decided to remove the following matters from the list: items Nos. 3, 4, 57 and 125 (S/l996/55, dated 24 January 1996).
4. Consultations with troop-contributing countries
4.1 Arrangements adopted between 3 May l944 and 28 March 1996
(a) The Security Council is conscious of the need for enhanced consultations and exchange of information with troop-contributing countries regarding peace-keeping operations, including their planning, management and coordination, particularly when significant extensions in an operation's mandate are in prospect. Such consultations can take a variety of forms involving Member States, troop-contributing countries, members of the Security Council and the Secretariat (s/prst/l994/22, dated 3 May l994).
(b) The Security Council believes that when major events occur regarding peace-keeping operations, including decisions to change or extend a mandate, there is a particular need for members of the Council to seek to exchange views with troop contributors, including by way of informal communications between the President of the Council or its members and troop contributors (ibid.).
(c) The recent practice of the Secretariat of convening meetings of troop-contributors, in the presence, as appropriate, of Council members, is welcome and should be developed. The Council also encourages the Secretariat to convene regular meetings for troop contributors and Council members to hear reports from Special Representatives of the Secretary-General or Force Commanders and, as appropriate, to make situation reports on peace-keeping operations available at frequent and regular intervals (ibid.).
(d) Meetings should be held between members of the Security Council, troop-contributing countries and the Secretariat to facilitate the exchange of information and views in good time before the Council takes decisions on the extension or termination of, or significant changes in, the mandate of a particular peace-keeping operation. Such meetings would be chaired jointly by the Presidency of the Council and a representative of the Secretariat nominated by the Secretary-General (S/PRST/1994/62, dated 4 November 1994).
(e) The time and venue each meeting with members of the Security Council and troop contributors to a peace-keeping operation should, where possible, appear in advance in the Journal of the United Nations (ibid.).
(f) The President of the Security Council will, in the course of informal consultations with members of the Council, summarize the views expressed by participants at each meeting with troop contributors (ibid.).
(g) The Security Council recalls that the arrangements for consultations with troop-contributing countries described in document S/PRST/1994/62 are not exhaustive. Consultations may take a variety of forma, including informal communication between the Council President or its members and troop contributing countries and, as appropriate, with other countries especially affected, for example countries from the region concerned (ibid.).
(h) Ad hoc meetings chaired jointly by the Presidency of the Security Council and a representative of the Secretariat nominated by the Secretary-General may be convened in the event of unforeseen developments in a particular peace-keeping operation which could require action by the Council (ibid.).
(i) Ad hoc meetings of the Security Council will be in addition to those convened and chaired solely by the Secretariat for troop contributors to meet with special representatives of the Secretary-General or force commanders or to discuss operational matters concerning particular peace-keeping operations, to which members of the Security Council will also be invited (ibid.).
(j) An informal paper, including topics to be covered and drawing attention to relevant background documentation, will be circulated by the Secretariat to the participants well in advance of each of the various meetings referred to above (ibid.).
4.2 Arrangements adopted on 28 March 1996 (S/PRST/1996/13)
(a) Meetings will be held as a matter of course between members of the Council, troop-contributing countries and the Secretariat for the purpose of consultations and the exchange of information and views; the meetings will be chaired by the residency of the Council supported by a representative of the Secretariat.
(b) The meetings will be held as soon as practicable and in good time before the Council takes decisions on the extension or termination of, or significant changes in, the mandate of a particular peace-keeping operation.
(c) When the Council considers establishing a new peace-keeping operation, meetings will, unless it proves to be impracticable, be held with any prospective troop contributors who have already been approached by the Secretariat and who have indicated that they may be willing to contribute to the operation.
(d) The President of the Council will, in the course of informal consultations of members of the Council, report the views expressed by participants at each meeting with troop-contributing or prospective troop contributing countries.
(e) The existing practice of inviting to these meetings Member States which make special contributions to peace-keeping operations other than troop -that is, contributors to trust funds, logistics and equipment - will continue.
(f) The monthly tentative forecast of work of the Council made available to Member States will include an indication of the expected schedule of such meetings for the month.
(g) Ad hoc meetings may be convened in the event of unforeseen developments in a particular peace-keeping operation which could require action by the Council.
(h) These meetings will be in addition to those convened and chaired by the Secretariat for troop contributors to meet with Special Representatives of the Secretary-General or Force Commanders, or to discuss operational matters concerning particular peace-keeping operations, to which members of the Security Council will also be invited.
(i) Background information and an agenda will be circulated by the Secretariat to the participants well in advance of each of the various meetings referred to above; members of the Council may also circulate information as appropriate.
(j) Interpretation services in all the official languages of the Organization will continue to be available; translation of written documents will continue to be available, if possible in advance of the meetings.
(k) The time and venue of each meeting should, where possible, appear in advance in the Journal of the United Nations.
(1) The Council will append to its annual report to the General Assembly information about these meetings.
(m) The Security Council recalls that the arrangements described above are not exhaustive. They do not preclude consultations in a variety of forms, including informal communication between the Council President or its members and troop-contributing countries and, as appropriate, with other countries especially affected, for example, countries from the region concerned.
5. Open meetings of the Security Council
There is widespread support for greater recourse to open meetings of the Council and a clear will on the part of the members of the Council to respond to this. lt is therefore the intention of the Council, as part of its efforts to improve the flow of information and the exchange of idea between members of the Council and other United Nations Member States, that there should be an increased recourse to open meetings, in particular at an early stage in its consideration of a subject. The Council will decide on a case-by-case basis when to schedule public meetings of this sort. The Security Council' s working group on documentation and procedure will examine this question further in the light of the views expressed and submit a report without delay (S/PRST/1994/81, dated 16 December 1994).
6. Sanctions Committees
(a) The practice of issuing press releases after meetings of the Committee should be increased (S/1995/234, dated 29 March 1995).
(b) The Status of Communications listed under the "No Objection procedure prepared by the Secretariat should be made available to any delegation which wiThes to have a copy (ibid.).
(c) A fiat of all other decisions by each active Committee should be prepared by the Secretariat, on a regular basis, and be made available to any delegation which requests it (ibid.).
(d) The annual report of the Security Council to the General Assembly should contain, in the Introduction, more information about each Committee than it does at present (ibid.).
(e) An annual report to the Security Council should be prepared by each Committee, providing a concise indication of each Committee's activities (ibid.)
(f) An effort should be made to expedite the preparation to the summary records of each Committee (ibid.).
(g) The practice of hearing comments by States and organizations concerned during closed meetings of the Sanctions Committees on issues arising from implementation of sanctions regimes imposed by the Security Council should be continued while respecting the existing procedures followed by such Committees (S/1995/438, dated 31 May 1995).
(h) The Chairman of each Committee should give an oral briefing to interested Members of the United Nations after each meeting, in the same way as the President of the Security Council now gives oral briefings following consultations of Council members (S/1996/54), dated 24 January l996).
(i) The Chairman of each Committee should be asked to bring to the attention of its members and of the Members of the United Nations the improvements in procedures of the Committees which were agreed to by the members of the Council on 29 March and 31 May 1995 (see S/1995/234 and S/l995/438)
7. Resources
By a letter dated 31 May 1995, the President of the Security Council transmitted a letter to the Secretary-General concerning the resources and staffing necessary for the operations of the Council (S/1995/440, annex, dated 31 May 1995).
B. Briefings
A practice has evolved since November 1994 whereby on days on which informal consultations are held either the President of the Security Council or a member of the delegation of the Presidency will brief the delegations of the non-members of the Security Council on the broad outlines of the progress of the Council consultations at a time and place announced in the Journal of the United Nations
II PROP0SALS MADE IN TNE OPEN-ENDED WORKING GROUP TO ENHANCE FURTHER THE MEASURES AND PRACTICES ALREADY ADOPTED BY THE SECURITY COUNCIL WITH THE PURP0SE OF IMPROVING ITS WORKING METHODS AND PROCEDURES
Following are proposals made in 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 on
the enhancement of measures and practices already adopted by the Security
Council with the purpose of improving its working methods and procedures
1. General Proposals
(a) The measures taken and practices adopted should be fully implemented
(b) The measures taken and practices adopted should be formalized and made binding for each Presidency of the Security Council as appropriate
(c) The measures taken by the Security Council to enhance its working methods and procedures should be made permanent by institutionalizing them in order to ensure their systematic implementation
2. Reports of the Security Council to the General Assembly
The provisions of General Assembly resolution 48/264 of 29 July 1994 on the submission of the reports of the Security Council to the General Assembly should be fully implemented
3. Tentative forecast of the programme of work of the Security Council
The provision of the tentative monthly work programme should be institutionalized and it should include , as appropriate, the nature or type of action that might be considered during the month
4. Documents and agenda of the Security Council
The annotated agenda and expected action to be taken at formal Council meetings should be reflected in the Journal of the United Nations.
5. Consultations with troop-contributing countries
(a) Two sets of consultations are required: one on policy and mandates and one on operational aspects.
(b) The Presidency of the Security Council should assume the chairmanship of consultations with troop-contributing countries on issues of policy and mandates.
(c) The Secretariat should assume the chairmanship of consultations with troop-contributing countries on operational questions.
(d) Potential troop contributors should be included in the consultations in the preparation phase of each operation as well as when the mandates of the operations are extended.
(e) Consultations with troop-contributing countries, including potential troop contributors, should be formalized.
(f) The host country where a peace-keeping operation is taking place should also be present in consultations.
(g) If possible, all Council members should be present at the meetings with troop-contributing countries. Open meetings of the Security Council and orientation debates
(a) The Security Council should hold more open, formal meetings or reach a more reasonable balance between open, formal meetings and informal consultations.
(b) Orientation debates should be resorted to more frequently, preferably on a regular basis when the Security Council takes up a new question or begins its consideration of an important matter.
(c) Open formal meetings should be held at the earliest stage possible before decisions on peace-keeping operations are made, so that the Security Council can take into account the views of Member States.
Briefings
Informal briefings by the Presidency of the Security Council on the current work of the Council for the Members States which are not members of the Council should be formalized or institutionalized and not left to the discretion of each Presidency.
III. ADDITIONAL PROPOSALS MADE ON TNE OPEN-ENDED WORKING GROUP TO ENHANCE FURTHER THE WORKING METHODS AND PROCEDURES OF THE SECURITY COUNCIL
Following are additional proposals made in the Open-ended Working Group on the Question of Equitable Representation on an Increase in the Membership of the Security Council and Other Matters Related to the Security Council to enhance further the working methods and procedures of the Security Council:
1. Reports of the Security Council to the General Assembly
(a) The format and contents of the reports of the Security Council to the General Assembly should be reconsidered.
(b) The reports of the Security Council to the General Assembly should be more analytical in nature.
(c) The Security Council should submit reports to the General Assembly more frequently, for example, every three months.
(d) Progress made in the implementation of reform measures should also be included in the reports of the Security Council to the General Assembly.
(e) The General Assembly should engage in an in-depth discussion of the report of the Security Council and make recommendations to the Security Council. The General Assembly could establish a working group for this purpose.
(f) Reports of the Security Council to the General Assembly should also contain records of the informal meetings of the Security Council.
2. Security Council documents
The Security Council should publish a monthly bulletin containing the positions of the Security Council on matters under its consideration.
3. Sanctions Committees
(a) Meetings of the Sanctions Committees should be open to all States Members of the United National
(b) Records of meetings of the Sanctions Committees should be published (for general distribution).
(c) The procedures of the sanctions regimes should be revised and updated.
4. Briefings
(a) A method to brief the General Assembly on a regular basis on matters under the consideration of the Security Council should be developed.
(b) There should be a "comprehensive conceptual approach" to briefings and consultations.
(c) Briefings should cover a greater amount of information and not be limited to a fiat of topics.
5. Subsidiary organs.
Subsidiary organs, ad hoc or otherwise, might be established by the Security Council, in accordance with Article 29 of the Charter, to monitor developments of the most important peace-keeping operations with the participation of troop-contributing Member States.
6. The between the Security Council and the General Assembly, other principle organs of the United Nations
(a) As far as the relationship between the Security Council and the General Assembly is concerned, the relevant Article of the Charter, i.e. Articles 10, 11, 12 and 14, and other relevant provisions should be more strictly adhered to.
(b) Some subsidiary organs of the General Assembly should be established in accordance with Article 22 of the Charter in order to consider urgent issues (affecting international peace and security).
(c) Regular institutionalized consultations between the President of the Security Council and the President of the General Assembly should be arranged.
(d) An effective mechanism could be established for alerting members of the General Assembly of emergency and/or weekend meetings of the Security Council.
(e) There should be closer working relationship between the Security Council and the International Court of Justice in accordance with the relevant provisions of the Charter; for instance, the Security Council may seek the judicial opinion of the International Court of Justice on controversial matters with legal implications.
(f) The Presidents of the Security Council and the General Assembly should play more active roles and the President of the General Assembly should be more involved in matters relating to the Security Council.
(g) The capacity of the Security Council or capability available for it to gather and analysis information should be further improved, also taking into consideration the role of the Secretariat and the Economic and Social Council.
7. Relationship between the Security Council and regional, arrangements
(a) mere should be an exchange of information and consultations between the security Council and regional organizations at appropriate levels on a regular basis in accordance with Chapter VIII of the Charter.
(b) The consultations between the Presidents of the Security Council and the regional groups should be regularized.
8. Consultations with interested parties
(a) Wider consultations with interested delegations should be held. For instance, third countries affected by sanctions imposed on a country should also be consulted. In this respect, Article 50 of the Charter needs more attention.
(b) Informal meetings should be held between members of the Security Council and Members of the United Nations to exchange views regarding the implementation of different measures and other related matters.
(c) A new provision mandating the Security Council to inform and consult interested Member States on its work could be inserted in the Charter.
9. Participation of non-member States in the work of the Security Council
The application of Article 31 of the Charter of the United Nations should be extended to informal consultations of the Security Council.
10. Provisional rules of procedure of the Security Council
(a) The provisional rules of procedure of the Security Council should be reviewed in a comprehensive manner either to facilitate the amendment of specific provisions or to approve the removal of their designation as "provisional".
(b) The proposal by the Movement of Non-Aligned Countries on the provisional rules of procedure of the Security Council should be considered (see A/49/965, pp. 101-102).
