Annex XI
Conference room paper prepared by the Bureau of the Open-ended Working Group*: summary of proposals made by delegations during the deliberations of the Open-ended Working Group dated 12 May 1998
Decision-making in the Securiity Council, including the veto
I. The veto as a voting instrument in the Security Council
A. Proposals aimed at curtailment, limitation or discouragement of the use of the veto which do not necessarily require amendments to the Charter of the United Nations
1. A proposal was made to the effect that 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.
2. A proposal was made to the effect that the permanent members of the Security Council should exercise the veto in a manner consistent with their responsibilities under the Charter and in accordance with the norms of international law. The veto should be exercised only when permanent members consider the question of vital importance, taking into account the interests of the United Nations as a whole. To state upon what factual and legal ground the permanent members consider this condition to be present, they should always provide a written justification which would be considered legally binding.
3. A proposal was made to the effect that 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.
4. A proposal was made to the effect that a legal definition of what constitutes a procedural matter in the decision-making of the Security Council should be formulated. In lack thereof, clear criteria as to which matters are of a procedural nature should be developed. A proposal was made to the effect that decisions referred to as being of a procedural nature could be based on the following criteria:
(a) All decisions adopted in application of provisions that appear in the Charter under the heading "procedure";
(b) All decisions concerning the relationship between the Security Council and other organs of the United Nations, or by which the Security Council seeks the assistance of other organs of the United Nations;
(c) All decisions related to the Security Council's internal functioning and the conduct of its business;
(d) All decisions that bear a close analogy to decisions included under the above-mentioned criteria;
(e) Certain decisions instrumental in arriving at or in following up a procedural decision.
5. A proposal was made to the effect that the permanent members shall generally be guided by the annex to resolution 267 (III) of 14 April 1949 regarding which matters should be deemed procedural.
6. A proposal was made to the effect that the annex to resolution 267 (III) should be updated and a complementary list of Security Council decisions deemed procedural should be developed. Proposals have been made suggesting that the following decisions 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.
7. A proposal was made to the effect that 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.
B. Proposals aimed at curtailment or limitation of the use of the veto requiring amendments to the Charter
8. A proposal was made to the effect that 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.
9. A proposal was made to the effect that paragraph 2 of Article 27.2, pertaining to decisions on procedural matters, should be redefined.
10. A proposal was made to the effect that 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.
11. A proposal was made to the effect that 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.
12. A proposal was made to the effect that 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.
II. The number of affirmative votes required for decisions in the Security Council
13. If the present action threshold is maintained at approximately the present level (60 per cent), the number of affirmative votes required for a decision would be: in a Council of 20: 12; in a Council of 21: 13; in a Council of 23 or 24: 14; in a Council of 25: 15; in a Council of 26: 16. Proposals for changing the present action threshold could also be considered.
