Global Policy Forum

Annexes I - V

I. General Assembly resolution 48/26 of 3 December 1993

II. General Assembly resolution 53/30 of 23 November 1998

III. Programme of work of the Open-ended Working Group during the fifty-third session of the General Assembly

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

V. Conference room paper submitted by the Bureau of the Open-ended Working Group: expansion of the Security Council and decision-making in the Security Council, including the veto, dated 13 April 1999

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

Question 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-third 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*

I. Introduction

1. During the fifty-first session of the General Assembly, the Open-ended Working Group achieved substantial progress in its discussions on the working methods and transparency of the Security Council. The debates were based on the negotiating paper of the Movement of Non-Aligned Countries on cluster II issues,a which was first submitted to the Working Group in March 1997, and on conference room papers 3 and 8 of the Bureau.b During its deliberations in July 1997, the Working Group continued its discussion of working methods and transparency of the Council. However, no new conference room paper was prepared as a result of the discussions at that time. The Bureau, therefore, during the fifty-second session of the General Assembly, prepared document A/AC.247/1998/CRP.4, which took into account earlier discussions. It was subsequently revised and issued as document A/AC.247/1998/CRP.4/Rev.1. The present draft attempts to incorporate the views expressed, in April and May 1998, during the deliberations on revision 1 of conference room paper 4.

II. Relationship between the Security Council, the General Assembly and the general membership of the United Nations

A. Meetings of the Security Council

2. Suggested improvements to the present practice:c

(a) The Security Council should conduct its business in a public format open to all Member States of the United Nations;

(b) When it so decides, the Security Council may meet in private and/or conduct its business in consultations of the whole;

(c) The Security Council should hold substantive orientation debates open to all Member States at the beginning of its consideration of any substantive matter;

(d) [The Security Council should, more often, conduct open debates and orientation discussions on the important items at the ministerial level;]

(e) Open public meetings should also be held, as appropriate and with the concurrence of the Secretary-General, when he/she, his/her special representatives and/or special envoys or the heads or representatives of United Nations bodies, agencies or field missions report to the Council.**

3. 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

4. Suggested improvements to the present practice:

(a) In addition to the Security Council's monthly forecast of its programme of work distributed to all Member States, the Council's provisional monthly schedule of work and its updated versions should also be circulated as soon as they have been agreed upon by the Council. Whenever possible, the Council should consider its monthly programme of work at a formal meeting;

(b) The provisional agenda, including indications about actions expected to be taken at Security Council meetings (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.

5. 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 consultations

6. 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 meetings or informal consultations of the Council. Whenever possible, interpretation should be provided for these briefings. Briefings for non-members should be closed and held before 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;

(b) A short factual summary of the informal consultations of the Security Council should be prepared by the Secretariat and circulated as an official document of the Council to all Member States the day after such meetings. The summaries should also be transmitted to permanent missions through electronic mail;

(c) The President of the Security Council should make draft resolutions and draft presidential statements available as soon as they become the basis for informal consultations of the Council, or earlier if authorized by the author of the draft. If not distributed, the President, in briefing non-members of the Council, should provide information about the main elements of such draft resolutions, presidential statements or other documents under consideration by the Council;

(d) 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;

(e) A written summary of meetings with troop-contributing countries should be made available promptly to all Member States.

7. 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 contributors to peacekeeping operations

8. Suggested improvements to the present practice:

(a) Meetings between members of the Security Council and troop-contributing countries, 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 renewal and change of mandates, as well as specific operational issues. In case of emergencies, such meetings should be held promptly;

(b) Meetings with troop-contributing countries should be convened and chaired by the President of the Security Council, supported by the Secretariat;

(c) Upon the request of a troop-contributing country, the President of the Council should promptly convene meetings with troop-contributing countries;

(d) Other countries contributing to peacekeeping operations should be invited, as appropriate, to these meetings;

(e) Countries directly concerned and/or affected by peacekeeping operations, including host countries, should also, in specific circumstances and as appropriate, be invited to these meetings;

(f) Meetings should be announced in the Journal of the United Nations;

(g) The Security Council should make full use of proposals and/or information received in meetings with troop-contributing countries.

9. 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

10. Suggested improvements to the present practice:

(a) 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 distributed to non-members of the Council immediately after they are issued by the outgoing President. They should also be attached to the annual report of the Council to the General Assembly;

(b) The annual report of the Security Council to the General Assembly should give a detailed and analytical account of the Council's work and it should be made available to the General Assembly not later than 30 August;

(c) The annual report of the Security Council should also include, as appropriate, information on decisions reached at the 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;

(f) The Security Council should, in preparing its annual report to the General Assembly, fully take into account 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 progress of work of the subsidiary organs of the Council, in particular the sanctions committees;

(iii) Strengthen further the section in the report on the steps taken by the Council to improve its working methods;

(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 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.

11. 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

12. Suggested improvements to the present practice:

(a) The Security Council should, more frequently, hold public meetings to hear the views of non-members of the Council;

(b) When a non-member of the 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 Article 31 of the Charter and rule 37 of the Council's provisional rules of procedure, in order to enhance the needed participation of non-members in meetings of the Council. It should not challenge the requests of non-members seeking to be heard at meetings of the Council;

(d) The Security Council should, on a timely and regular basis, conduct consultations with countries affected by the decisions of the Council;

(e) The Security Council should invite non-members of the Council to participate [in the discussions] in its informal consultations on matters directly affecting them, [in accordance with] [under similar arrangements as stipulated] in Articles 31 and 32 of the Charter.

13. 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"

14. Suggested improvements to the present practice:

Members of the Security Council could, as appropriate, resort to the "Arria formula" to hear, on the initiative of a Council member, views and obtain information related to issues under consideration by the Council.

15. 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

16. Suggested improvements to the present practice:

When a Member State, the Secretary-General or a State which is not a member of the United Nations requests an urgent meeting of the Security Council, the President of the Council should immediately circulate such request as a document of the Council and promptly convene a meeting of the Council to hear the State in question or the Secretary-General. The Council should immediately decide how to pursue the matter.

17. 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

18. 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 [or the Secretary-General];

(b) The Security Council should promptly establish an effective mechanism to provide relief to affected States under Article 50 of the Charter [on the basis of automaticity of application];

(c) The Security Council should fully implement annex II to General Assembly resolution 51/242 of 15 September 1997, entitled "Question of sanctions imposed by the United Nations".

19. 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 of unscheduled or weekend meetings

20. Suggested improvements to the present practice:

The Secretariat should establish an effective mechanism for alerting non-members of the Security Council of unscheduled or emergency meetings of the Council during nights, weekends and holidays (e.g., a voice recording, a Web site and/or an electronic message or facsimile transmission to all Member States).

21. Institutionalization:

To be implemented by the Secretariat as soon as possible, but could also, to this effect, be incorporated 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

22. 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 General Assembly is requested to raise with the President of the Security Council, during their monthly informal meetings and when deemed appropriate, the measures mentioned in section E above and to report to the Assembly on the steps taken by the Council in this regard.

23. 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

24. Suggested improvements to the present practice:

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 boards and of the General Assembly shall be final in all aspects of such programmes.

25. 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

26. Suggested improvements to the present practice:

(a) Sanctions committees:

(i) Decisions and/or those parts of the summaries of the proceedings 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;

(ii) The Security Council should fully implement annex II to resolution 51/242 of 15 September 1997, entitled "Question of sanctions imposed by the United Nations".

(b) Other subsidiary organs:

(i) [The Security Council should consider establishing a Committee on Prevention and a Committee for Peace Missions. These committees would work all year long and would be open to all interested States and governmental and non-governmental organizations. The rationale for establishing these committees would be to bring the Council closer to the general public and to democratize its working methods;]

(ii) Meetings of subsidiary organs of the Council established pursuant to Article 29 of the Charter should be more transparent and, 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.

(c) Briefings by the chairmen of sanctions committees and other subsidiary organs:

Chairmen of sanctions committees and other subsidiary organs of the Security Council should give briefings to non-members of the Council after each meeting. Briefings by the chairmen of sanctions committees and other subsidiary organs should be announced in the Journal of the United Nations.

27. 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

28. Suggested improvements to the present practice:

In accordance with relevant provisions of the Charter, the Security Council should more frequently request the International Court of Justice to give an advisory opinion on any legal question.

B. Economic and Social Council

29. Suggested improvements to the present practice:

[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.]

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.

V. Relationship between the Security Council and regional arrangements and agencies

31. Suggested improvements to the present practice:

(a) In its relations with regional arrangements and agencies, the Security Council should fully implement the provisions of General Assembly resolution 49/57 of 9 December 1994 and annex I to resolution 51/242 of 15 September 1997, entitled "Coordination";

(b) 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.

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.

VI. Rules of procedure and institutionalization of the measures taken by the Security Council to enhance its working methods and transparency

33. 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:

(a) The arrangements regarding various measures that the Council has already adopted to enhance its methods and transparency,d 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;

(b) After institutionalization of the measures described in subparagraph (a) above there should be an overall review of the provisional rules of procedure, after which the word "provisional" should be deleted.

Notes

a Official Records of the General Assembly, Fifty-first Session, Supplement No. 47 (A/51/47), annex V.

b Ibid., annexes IV and IX.

c On the established practice and improvements taken by the Security Council so far, see Official Records of the General Assembly, Fifty-first Session, Supplement No. 47 (A/51/47), annex IX, on this item and other measures discussed in the present document.

d See the following presidential statements and notes of the President of the Security Council (listed here in chronological order):

– Note by the President of the Security Council dated 28 May 1993 (S/25859);

– Note by the President of the Security Council dated 30 June 1993 (S/26015);

– Note by the President of the Security Council dated 27 July 1993 (S/26176);

– Note by the President of the Security Council dated 28 February 1994 (S/1994/230);

– Statement by the President of the Security Council dated 3 May 1994 (S/PRST/1994/22);

– Statement by the President of the Security Council dated 24 July 1994 (S/PRST/1994/36);

– Statement by the President of the Security Council dated 4 November 1994 (S/PRST/1994/62);

– Statement by the President of the Security Council dated 16 December 1994 (S/PRST/1994/81);

– Note by the President of the Security Council dated 29 March 1995 (S/1995/234);

– Note by the President of the Security Council dated 31 May 1995 (S/1995/438);

– Statement by the President of the Security Council dated 19 December 1995 (S/PRST/1995/61);

– Note by the President of the Security Council dated 24 January 1996 (S/1996/54);

– Statement by the President of the Security Council dated 28 March 1996 (S/PRST/1996/13);

– Note by the President of the Security Council dated 12 June 1997 (S/1997/451);

– Note by the President of the Security Council dated 30 April 1998 (S/1998/354).

Annex V. Conference room paper submitted by the Bureau of the Open-ended Working Group: expansion of the Security Council and decision-making in the Security Council, including the veto*

1. Can we agree that every endeavour should be made to explore the possibility of Security Council enlargement?

2. Can we agree that any reform of the Security Council should, at some appropriate future date, be reviewed; and if so, that appropriate provision would need to be made for such review?

3. Can we agree whether it is desirable to have an expansion that includes both additional permanent and additional non-permanent members?

4. Can we agree whether it is necessary, and a requisite for any expansion, that such expansion includes both additional permanent and additional non-permanent members?

5. Can we agree whether consideration of Article 23, paragraph 2, of the Charter (the ban on re-election of non-permanent members) is relevant in this context?

6. Can we agree on what should be the lower/upper numerical limits to expansion, depending on whether expansion will take place in one or two categories?

7. Can we agree on how any additional permanent seats should be allocated?

8. Can we agree on how any additional non-permanent seats should be allocated?

9. Can we agree to what extent, if any, the veto should be extended to any additional permanent members?