Global Policy Forum

2. When analysed in contrast with United Nations institutional regulations, as stipulated in the Charter of the United Nations, a statistical study of the actual participation of the permanent members of the Security Council in the various organs of the system makes possible the identification of a problem intrinsic to the Organization's representative mechanism, namely, the large representation ratio of certain countries to the detriment of others.

3. Such a de facto situation is somehow analogous to granting a different status to a number of Member States in the system as a whole. Given its vast repercussions, it reflects a reality of the United Nations beyond the stipulations of the Charter.

4. We will, therefore, consider both the Charter and the representation figures separately, and take as a basis for comparison the situation of the five permanent members of the Security Council - France, China, the United States of America, the United Kingdom and the Russian Federation -to try to assess their overall representational advantage, as the centrepiece of the paper.

I. Regulations of the Charter of the United Nations

5. On the basis of Charter regulations, the status of permanent member has special bearing on:

. (a) Voting prerogatives in the Security Council - veto right - (Art. 27);
. (b) Composition of the Military Staff Committee (Art. 47), which consists of the Chiefs of Staff of the permanent members or their representatives;
. (c) Composition of the Trusteeship Council (Art. 86, b), integrated by the five permanent members. China joined the group in 1989.

6. As regards participation in the General Assembly, the Charter regulations postulate, inter alia, the following:

. (a) General Committee
. . (i)According to rule 31 of its rules of procedure, the General Assembly elects 21 vice-presidents. By decision 1 of the Assembly (in reference to resolution 33/138 of 19 December 1978), five of these vice-presidents are representatives of the five permanent members;
. . (ii)The General Committee is highly significant, given its role in assessing the provisional agenda and supplementary list of items, and introducing recommendations as to their inclusion in agenda rule 40);
. . (iii)On the other hand, permanent members may not assume the chairmanship of the General Assembly, or the chairmanships of the Main Committees. The latter conforms to rule 31, which indirectly indicates that the presidencies of the Assembly and chairmanships of the Main Committees cannot correspond to the same countries;
. . (iv)Likewise, it is established practice that the permanent members do not assume the posts of vice-chairman or rapporteur of the Main Committees;
. (b) Committee on Contributions. Established by General Assembly resolution 14 (I) of 1946, this Committee advises the Assembly on matters relating to the allocation of the organization's expenses and on the application of Article 19 of the Charter in cases of arrears in the payment of contributions. Its membership has been expanded several times, now standing at 18. Members are selected by the General Assembly on the basis of geographical distribution, personal qualifications and experience. They serve for a period of three years, retire by rotation and are eligible for re-appointment.

II. Statistical findings

A. General Assembly
1. Committee on Contributions

. 7. For the period 1984-1993, an average of four permanent members belonged to the Committee in any given year, showing a 70 per cent re-appointment rate; that is, they succeeded in getting re-appointed - on average - 7 out of the 10 times they were eligible for re-appointment. On the other hand, non-permanent members have a 48 per cent re-appointment rate, that is, they succeeded in getting re-appointed a little under 5 out of 10 times when they were eligible for re-appointment.

2. Advisory Committee on Administrative and Budgetary Questions

. 8. Established at the first session of the General Assembly, by resolution 14 (I) of 13 February 1946, this particular Committee examines and reports on regular and peace-keeping budgets and accounts of the Organization, as well as on the administrative budgets of the specialized agencies. It also advises the Assembly on other administrative and financial matters referred to it. Its membership has been expanded numerous times, now standing at a total of 16. Members are appointed by the Assembly on the basis of geographical distribution, personal qualifications and experience. They serve for three-year periods and retire by rotation, but are eligible for re-appointment.

. 9. For the period 1984-1993, an average of four permanent members served on the Committee in any given year. They presented a combined re- appointment rate of 70 per cent, with France, the United States of America and the Union of Soviet Socialist Republics/Russian Federation each presenting a 100 per cent re-appointment rate. On the other hand, non- permanent members have a combined re-appointment rate of 41 per cent, re- entering the Committee only 4 out of 10 times when they are eligible to do so.

3. General Assembly ad hoc and subsidiary organs

. 10. Permanent members also take part in a number of important United Nations bodies dependent on the General Assembly:

. . (a) Committee on Applications for Review of Administrative Tribunal Judgements. By its resolution 957 (X) of 8 November 1955, the General Assembly established a committee, authorized by paragraph 2 of Article 96 of the Charter, to request consultative opinions from the International Court of Justice on decisions of the Administrative Tribunal. The Committee is constituted by the members of the current or most recent General Committee, which includes permanent members;

. . (b) International Law Commission. Established by resolution 174 (II) of 21 November 1947, the Commission was established by the Assembly with the function of encouraging the progressive development of International Law and its codification. Its membership has been expanded a number of times, now standing at a total of 34, and is elected on the basis of geographical distribution. With the sole exception of the United Kingdom, who did not participate for four years, the permanent members belonged to it continuously during the period 1984-1993. Other members rotated or were retired, at a rate of 20 per cent;

. .(c) United Nations Conciliation Committee for Palestine. Established by resolution 104 (III) of 11 December 1948, this Committee was, inter alia, established by the General Assembly to help with the repatriation of refugees and to assist Israel and the Arab States to achieve final settlements on all questions outstanding between them. The Committee's regular members are France, Turkey, and the United States of America -two of them Security Council permanent members;

. . (d) United Nations Administrative Tribunal. Established by the General Assembly by its resolution 351 A (IV) of 24 November 1949, the Tribunal hears and passes judgement on applications alleging non-observance of contracts of employment on the part of the United Nations Secretariat staff members or of their terms of appointment. Members are appointed by the Assembly on the recommendation of the Fifth Committee for a three-year term. For the period 1984-1993, at least three of the seven positions of the Tribunal corresponded, at any one time, to permanent members, with their tenure averaging 45 per cent of the total;

. . (e) United Nations Scientific Committee on the Effects of Atomic Radiation. Established by the General Assembly by its resolution 913 (X) of 3 December 1955, the Committee reports on all major sources of exposure to ionizing radiation in the human environment and submits annual progress reports to the Assembly. Its membership has been expanded a number of times, now standing at a total of 21. With the exception of three years, in which only four of the five permanent members participated, the five permanent members were included continuously in the Committee during 1984- 1993;

. . (f) Committee on the Peaceful Uses of Outer Space. This Committee, established in 1959, acquired permanent status through General Assembly resolution 1721 (XVI) of 20 December 1961. Its membership has been gradually expanded to a present total of 53 members, which includes the five permanent members, on a continual basis;

. . (g) Special Committee on Peace-keeping Operations. Established by the General Assembly by its resolution 2006 (XIX) of 18 February 1965, it consists of 34 members, including the five permanent members on a continual basis;

. . (h) Joint Inspection Unit. Established by the General Assembly by its resolution 2150 (XXI) of 4 November 1966 and beginning its work in 1968, the Unit ensures that the activities undertaken by organizations of the United Nations system are carried out as economically as possible, with optimum use being made of available resources. It consists of no more than 11 Inspectors elected on the basis of equitable geographic distribution and serving in their personal capacity for a term of five years, which can be renewed only once. With the exception of China, permanent members averaged 3 Inspectors out of 11 at any one time;

. . (i) United Nations Commission on International Trade Law. Established by the General Assembly by its resolution 2205 (XXI) of 17 December 1966, the Commission seeks to promote the progressive harmonization and unification of the law of international trade. Its membership has been expanded on several occasions, with a present total of 36 elected on the basis of six-year terms. With the exception of 1985, when only four of the five permanent members participated, all five served continuously durithe period 1984-1993. Other members rotated or were retired at a rate of 15 per cent;

. . (j) Committee on Relations with the Host Country. Established by the General Assembly by resolution 2819 of 15 December 1971, it consists of 15 members nominated by the President of the Assembly, which includes the five permanent members on a continual basis;

. . k) Consultative Committee on Disarmament. Established in 1978 by the General Assembly by resolution S-10/2 of 30 June 1978, the Committee is composed of 20 eminent personalities, all nominated by the Secretary- General. It includes experts representing the five permanent members on a continual basis;

. . (l) Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization. By its resolution 3499 of 15 December 1975, the General Assembly re-established the former Special Committee on the United Nations Charter under a new name. After a number of successive expansions, the Committee today consists of 47 members nominated by the President of the Assembly, including the five permanent members on a continual basis;

. . (m) Committee on Information. Established by the General Assembly by its resolution 33/115 C of 18 December 1978, it has undergone successive expansions and currently consists of 83 members assigned by the President of the Assembly, including the five permanent members on a continual basis;

. . (n) United Nations Environment Programme. Established in 1972 by General Assembly resolution 2997 (XXVII) of 15 December 1972, UNEP is represented by a Governing Council whose functions are, among others, to promote international cooperation in the environment field, recommend policies to this end and provide general policy guidance for the coordination of environmental programmes within the United Nations system. The Council reports to the Assembly through the Economic and Social Council and is composed of 58 members elected by the Assembly on the basis of geographic distribution and four-year terms. For the period 1984-1993, the five permanent members averaged 10 full years of participation, thus covering the entire period. The rest of the members combined - averaged eight years of participation;

. . (o) Human Rights Committee. Based on available information for the period 1986-1993, three permanent members participated in this Committee continuously during the given period, while the rest of the membership was subject to rotation or changes at a rate of 12 per cent;

. . (p) Committee on the Elimination of Racial Discrimination. Established by the General Assembly by its resolution 2106 (XX) of 21 December 1965, it consists of 18 experts elected by the Assembly on the basis of geographic distribution. For the period 1984-1993, two permanent members were added to two others (who had already been on the Committee) in 1986, after which all four served on a continual basis. On the other hand, other Committee members were rotated or retired at a rate of 21 per cent.

B. Economic and Social Council

11. The five permanent members are also part of the Economic and Social Council and various standing organs of limited membership, re-elected successively since the establishment of such organs.

. 1. Economic and Social Council (general membership)

12. Consisting originally of 18 members, it was successively expanded to include its present total of 53 members with three-year terms. Eighteen of these are nominated every year in General Assembly elections. With the exception of China, the five permanent members belonged to it almost continuously from its beginnings, until 1993 (combined default time: two years). Combined default time: total time of non-participation. For the period 1984-1993, they averaged 10 full years of participation (100 per cent), while all other members - combined - averaged 3.9 years of participation (39 per cent) in the same period. Figure 1 (sample graph) of the appendix shows this result. Figure 2 establishes the same comparison, but shows a breakdown of the component of the column "others" corresponding to figure 1 (on the basis of geographical distribution).

. 2. Subsidiary organs of the Economic and Social Council

13. Permanent members have also taken part in a number of other important United Nations bodies dependent on the Economic and Social Council:

(a) Statistical Commission. Established by Economic and Social Council resolution 8 (I) of 1946, the Commission assists the Council in promoting the development of national statistics, coordinating the statistical work of certain specialized agencies and advising United Nations organs on questions regarding statistical information. Its membership has been expanded a number of times to a present total of 24, elected on the basis of equitable geographic distribution. With the exception of China, the permanent members served on the Commission almost continuously from its inception until 1993 (combined default time: 3 years). For the period 1984-1993, they averaged 10 full years of participation (100 per cent). All other members combined averaged 3.2 years of participation (32 per cent) in the same period;

(b) Population Commission. Established by Economic and Social Council resolution 3 (III) of 1946, the Commission studies and advises the Council on demographic questions and related social and economic matters. Its membership has been expanded successively since 1946, now standing at a total of 27. Members are elected by the Council for four-year terms on the basis of equitable geographic distribution. With the exception of China, the permanent members sat on the Committee continuously from its inception until 1993. For the period 1984-1993, they averaged 10 full years of participation (100 per cent), while the rest of the membership averaged 2.7 years of participation (27 per cent) in the same period;

(c) Commission for Social Development. Originally known as the Social Commission, it was established by Economic and Social Council resolution 10 (II) of 1946 and renamed in 1966. It advises the Council on social policies of a general character. Its membership, elected directly by the Council for fouryear terms on the basis of geographic distribution, has been expanded a number of times and now stands at 32. With the exception of China, the permanent members served on the Commission almost continuously from its inception until 1993 (combined default time: 11 years). For the period 1984-1993, they averaged 8.8 years of participation (88 per cent), while the rest of the membership averaged 2.9 years of participation (29 per cent) in the same period;

(d) Commission on Human Rights. Established by Economic and Social Council resolution 5 (I) of 1946, the Commission reports on questions regarding the international bill of rights and other related declarations on civil liberties and various forms of discrimination. Its membership has been expanded numerous times, now standing at a total of 53. Members are elected for threeyear terms on the basis of equitable geographic distribution. With the exception of China, the permanent members were members of the Commission almost continuously from its inception until 1993 (combined default time: three years). For the period 1984-1993, they averaged 10 full years of participation (100 per cent). All other members averaged 3.5 years of participation (35 per cent) in the same period;

(e) Commission on Transnational Corporations. Established by Economic and Social Council resolution 1913 (LVII) of 1974, the Commission comprises 48 members elected directly by the Council for three-year terms on the basis of geographic distribution. With the exception of China, the permanent members served on the Commission continuously from its inception until 1993. For the period 1984-1993, they averaged 10 full years of participation (100 per cent). The remaining members averaged 4.8 years of participation (48 per cent) for the same period;

(f) Committee for Programme and Coordination. Established by Economic and Social Council resolution 920 (XXXIV) of 1962, the Committee functions as the main subsidiary organ of the Council and the Assembly for purposes of planning, programming and coordination. Its membership has been expanded a number of times to its present total of 34. Members are elected by the Council for threeyear terms on the basis of equitable geographic distribution. With the exception of China, the permanent members sat on the Committee continuously from its inception until 1993. For the period 1984-1993, they averaged 9.4 years of participation (94 per cent), while all others averaged 3.7 years of participation (37 per cent);

(g) Commission on Narcotic Drugs. Established by Economic and Social Council resolution 9 (I) of 1946, the Commission comprises a total of 53 members elected by the Council for four-year terms at two-year intervals on the basis of geographic distribution. With the exception of China, the permanent members served on the Commission continuously from its inception until 1993. For the period 1984-1993, they averaged 9.6 years of participation (96 per cent), while the rest of the membership averaged 5.2 years (52 per cent);

(h) Commission on Human Settlements (Habitat). Established by the General Assembly by its resolution 32/162 of 19 December 1977, the Commission comprises a total of 58 members elected for three to four-year terms on the basis of geographic distribution. With the exception of China, the permanent members sat on the Commission continuously from its inception until 1993. For the period 1984-1993, they averaged 8.4 years of participation (84 per cent), while the rest of the membership averaged 5.5 years (55 per cent);

(i) Commission on the Status of Women. Established by Economic and Social Council resolution 11 (II) of 1946, the Commission comprises a total of 45 members elected on the basis of equitable geographic distribution. With the exception of China, the permanent members participated in the Commission almost continuously from its beginnings until 1993 (combined default time: eight years). For the period 1984-1993, they averaged 8.6 years of participation (86 per cent), while the remaining members averaged a total of 3.7 years (37 per cent).

14. Appendix figure 3 (sample graph) shows average participation of permanent and non-permanent members in the Economic and Social Council subsidiary organs mentioned above. Figure 4 establishes the same comparison, but shows a breakdown of the component "others" corresponding to figure 3 (on the basis of geographic distribution).

C. International Court of Justice

15. Although the Statute of the International Court of Justice does not directly specify it, the five permanent members of the Security Council are de facto permanent members of the Court.

D. Related United Nations programmes and specialized agencies

. 1. International Atomic Energy Agency

16. Beginning its activities in 1957, the Agency seeks to accelerate and enlarge the contribution of atomic energy to peace, health and prosperity throughout the world. Its executive organ is the Board of Governors, members of which are designated on an annual basis by the Board itself and on a bi-annual basis by the Agency's General Conference, all by the principle of equitable geographic distribution. With the exception of China, the permanent members have sat on the Board continuously since 1957. For the period 1984-1993, all five averaged 10 years of participation (100 per cent); other members combined averaged 3.1 years of participation (31 per cent) in the same period.

. 2. International Civil Aviation Organization

17. Beginning its activities in 1947, ICAO fosters the planning and development of international air transport so as to ensure a safe growth of civil aviation throughout the world. Its executive body is the members' Council, composed of 33 contracting States. Permanent members participated in the Council for an average of 35.6 years (possible total: 46 years) between 1947 and 1993, that is, almost 80 per cent of the total time. For the period 1984-1993, all five averaged 10 full years of participation (100 per cent), while the rest of the membership averaged 1.8 years of participation (18 per cent) in the same period.

. 3. Food and Agriculture Organization of the United Nations

18. Established in 1945, FAO includes a main Council as its chief executive organ, composed of 49 member nations elected by the FAO Conference for threeyear terms. With the exception of the Russian Federation, which is not a member, the permanent members averaged 10 full years of participation (100 per cent) in the period 1984-1993; the rest of the membership averaged 2.7 years of participation (27 per cent) in the same period.

. 4. International Maritime Organization

19. Established in 1959, IMO regulates standards of maritime safety and facilitates cooperation among Governments on technical matters affecting international shipping. Its chief executive body is the IMO Council, composed of 32 members. With the exception of China, the permanent members have sat on the Council continuously since 1959. For the period 1984-1993, all five averaged 10 full years of participation (100 per cent), while the rest of the membership averaged 1.8 years (18 per cent) in the same period.

. 5. International Telecommunication Union

20. The Union's chief executive organ is its Council, the members of which are elected by the ITU Conference and are eligible for re-election (total Union membership is 183). With the exception of the United Kingdom, the permanent members have been members of the Council continuously since 1947. For the period 1984-1993, all five averaged 9.2 years (92 per cent) of participation in the Council, while the rest of the membership averaged 1.9 years (19 per cent) in the same period.

. 6. World Meteorological Organization

21. WMO became a specialized agency in 1951, with the WMO Executive Council serving as its chief executive body. Permanent members sat on the Council for an average of 31 years (possible total: 42 years) between 1951 and 1993, that is, 75 per cent of the total time. For the period 1984- 1993, all five permanent members averaged 8.7 years (87 per cent) of participation, while the rest of the membership averaged 1.8 years (18 per cent) in the same period.

. 7. World Health Organization

22. WHO became a specialized agency in 1948, with the WHO Executive Board serving as its chief executive organ. Permanent members served on the Board for an average of 36 years (possible total: 45 years) between 1948 and 1993, that is, 80 per cent of the total time. For the period 1984- 1993, all five permanent members averaged 9.2 years (92 per cent) of participation, while the rest of the membership averaged 2 years (20 per cent) of participation in the same period.

. 8. United Nations Educational, Scientific and Cultural Organization

23. The organization was established in 1945. Its chief executive organ, the Executive Board, is elected by the UNESCO General Conference and consists of 51 member States who appoint representatives for four-year terms on the basis of geographic distribution. For the period 1984-1993, China, the Russian Federation and France were members of the Board continuously (10 full years of participation), while the rest of the membership averaged 3 years (30 per cent) of participation in the same period.

. 9. United Nations Children's Fund

24. Originally established as the United Nations International Children's Emergency Fund in 1946, it became a full permanent organ by General Assembly resolution 802 (VII) of 15 September 1953. Its leading executive body is the Executive Board, comprising 36 members elected for three-year terms on the basis of geographic distribution. With the exception of China, the permanent members served on the Board continuously until 1993. For the period 1984-1993, they averaged 10 full years of participation (100 per cent), while the remaining members averaged 3.6 years (36 per cent) of participation in the same period.

. 10. United Nations Development Programme

25. Established by the General Assembly by its resolution 2029 (XX) of 22 November 1965, UNDP includes a Governing Council as its chief executive organ. The Council's membership has been successively expanded - now standing at a total of 48 - and is elected on the basis of equitable distribution among "developed" and "developing" countries as two separate categories. With the exception of China, the permanent members participated in the Board continuously until 1993. For the period 1984- 1993, they averaged 10 full years of participation (100 per cent), while average participation for the remaining "developed" countries (excluding the United States of America, France, the United Kingdom and the Russian Federation) averaged 6.5 years (65 per cent).

. 11. Office of the United Nations High Commissioner for Refugees

26. Established by the General Assembly by its resolution 319 (IV) of 3 December 1949, UNHCR includes an Executive Committee as its leading organ. The Committee's membership has been expanded a number of times, now standing at a total of 46 regular members, which includes (and has always included) all Security Council permanent members except for the Russian Federation.

. 12. Universal Postal Union

27. UPU became a United Nations specialized agency in 1948, with an Executive Council as its leading organ. For the period 1984-1993, the five permanent members averaged 6 years (60 per cent) of participation in the Council, while the rest of the membership averaged 2.1 years (21 per cent).

28. The above data make it somehow clear that the effective rates of participation of the five Security Council permanent members seem to be not directly reflective of Charter stipulations. In effect, they may be producing a certain degree of disequilibrium in the United Nations structure.

29. Such an apparent disequilibrium may find its roots in a number of reasons, which cause what can be called the "cascade effect". The permanent members' relative weight and negotiational advantage when soliciting their admittance into organs outside of the Security Council may well be reverberating throughout the Organization. The ongoing review of the Security Council may well grant all members an opportunity to look also in depth into this particular matter.