Annex VI. 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*
The following list of issues is presented to facilitate the continued discussion in the Working Group on cluster I questions. The purpose is to make it easier to identify in which areas there may be agreement or where various positions may converge.
· Whether it is desirable to have an expansion of the Security Council that includes both additional permanent and additional non-permanent members.
· To what extent, if any, the right of veto should be given to any additional permanent members.
· Whether it is desirable to have an expansion that includes only additional non-permanent members.
· Whether in the absence of general agreement on expansion in both categories, an increase, for the time being, only in the non-permanent category should be considered.
· Whether consideration of Article 23, paragraph 2, of the Charter (the ban on re-election of non-permanent members) is relevant in this context.
· Whether to consider also other categories of membership — e.g., permanent regional representation, or seats for more frequently rotating non-permanent members.
· What should be the lower/upper numerical limits to expansion, depending on whether expansion will take place in one or more categories.
· How any additional permanent seats should be allocated.
· How any additional non-permanent seats should be allocated.
· Periodic review of the enlarged Security Council.
Annex VII. Conference room paper submitted by the Bureau of the Open-ended Working Group: working methods of the Security Council and transparency of its work*
This paper covers only those paragraphs of A/AC.247/1999/CRP.4/Rev.2 (A/52/47, annex V) which deal with suggested improvements to the present practice.
I. Relationship between the Security Council, the General Assembly and the general membership of the United Nations**
A. Meetings of the Security Council
(a) The Security Council should, as a general rule, meet in a public format open to all States Members of the United Nations;
(b) Exceptionally, the Security Council may meet in private ...;
(c) When special circumstances so require, the members of the Security Council may meet for informal consultations of the whole;
(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 ...;
(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.
B. Programme of work and agenda of Security Council meetings and informal consultations
(a) The Security Council's tentative forecast of its programme of work should be made available to all Members States as soon as it is produced;
(b) The calender 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 its adoption 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.
C. Briefings by the President of the Security Council to non-members, availability of draft resolutions and summaries of meetings
and consultations
(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;
(b) A short factual summary of the Security 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;
(c) ... Draft resolutions and draft presidential statements, as well as other documents that are distributed to all members of the Security Council for tabling at informal consultations, 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 Security Council, should provide information about the main elements of the draft resolutions, presidential statements and other documents under consideration by the Council.
D. Meetings with troop-contributing countries and other contributors to peacekeeping operations
(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;
(b) Meetings with troop-contributing countries and other contributors 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 contributors 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 well before such meetings;
(d) Upon the request of a troop-contributing country, the President of the Security Council should promptly convene meetings with troop-contributing countries;
(e) Other countries contributing to peacekeeping operations should be invited, as appropriate, to these meetings;
(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;
(g) Meetings should be announced in the Journal of the United Nations;
(h) Immediately following meetings between members of the Security Council, troop-contributing countries, other contributors and the Secretariat, the President should brief interested non-members of the Security Council on the content 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, 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 for the use of the Security Council in its deliberations.
E. Reports of the Security Council to the General Assembly
(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 balanced, comprehensive and objective and should be 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;
(b) The annual report of the Security Council to the General Assembly should give a detailed and comprehensive account of the work of the Council and it should be made available to the General Assembly no later than 30 August;
(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;
(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;
...
(g) The Security Council should, when necessary, submit special reports to the General Assembly in accordance with Article 24, paragraph 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.
F. Participation of non-members in meetings of the Security Council and informal consultations of the whole
(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;
(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 with 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 39 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 Council. Positive consideration should be given to requests of non-members seeking to participate in such discussions;
(d) The Security Council should, on a timely and regular basis, conduct consultations with countries affected by the decisions of the 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.
G. "Arria formula"
Members of the Security Council could, as appropriate, on the initiative of a member of the Council, 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 members of the Council should be commensurate with that of those invited.
H. Meetings of the Security Council in accordance with Articles 35 and 99 of the Charter
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.
I. Consultations pursuant to Article 50 of the Charter
(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;
(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.
J. Mechanism to alert non-members of the Security Council to unscheduled or weekend meetings
The Secretariat should establish an effective mechanism for alerting non-members of the Security Council to 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 and/or an electronic message or facsimile transmission to all Member States). The President of the Council should make best efforts to give instructions to the Secretariat for such emergency notice to non-members of the Council at the earliest possible time, when unscheduled emergency meetings of the Council are anticipated.
K. Consultations between the President of the Security Council, the President of the General Assembly and the Secretary-General
(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 (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 the need arises.
L. Consultations with funds, programmes and agencies
In cases where 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.
M. Records and archives
(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;
(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;
(c) In its annual report to the General Assembly, the Security Council should certify that the maintenance of its records and archives meets the established international standards for the management of records and archives.
II. Subsidiary organs of the Security Council
A. Sanctions committees
(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 committee 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;
(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;
(e) Public information on the work of the sanctions committees should be made available on the Internet and through other means of communication.
B. Other subsidiary organs
...
Meetings of subsidiary organs of the Security Council established pursuant to Article 29 of the Charter should be more transparent and their proceedings, when appropriate, should be 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, after each meeting, should 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.
III. Relationship between the Security Council and other principal organs of the United Nations
A. International Court of Justice
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.
B. Economic and Social Council
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.
IV. Relationship between the Security Council and regional arrangements and agencies
(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;
(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 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.
Annex VIII. 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*
The list of issues set out below is presented to facilitate the continued discussion in the Working Group on cluster I questions. The purpose is to make it easier to identify in which areas there may be agreement or where various positions may converge.
Issues have been numbered to facilitate reference. Numbers indicate neither priorities nor the sequence in which issues should be discussed. Issues listed separately may have to be considered together.
1. Whether it is desirable to have an expansion of the Security Council that includes both additional non-permanent and additional permanent members.
2. Whether it is desirable to have an expansion of the Security Council that includes both additional non-permanent members and the creation of rotating permanent seats (with or without veto).
3. Whether it is desirable to have an expansion that includes only additional non-permanent members.
4. Whether, in the absence of general agreement on expansion in the permanent category, an increase, for the time being, only in the non-permanent category should be considered.
5. Whether to consider also other categories of membership — e.g., seats for more frequently rotating non-permanent members.
6. Whether the question of the veto is intrinsically linked to the issue of the expansion of the Security Council.
7. What should be the future scope of application of the veto in an enlarged Security Council.
8. Whether it is desirable for the existing veto power to be curtailed as part of any comprehensive reform package which might obtain general agreement, or independently of such a package.
9. To what extent, if any, the right of veto should be given to any additional permanent members.
10. What should be the lower/upper numerical limits to expansion (for example, 20–21/23/24/25/26/26+), having regard to whether expansion will take place in one or more categories.
11. How any additional permanent seats should be allocated.
12. How any additional non-permanent seats should be allocated.
13. Periodic review of the enlarged Security Council, including the scope, purpose and timing of a periodic review.
Annex IX. Conference room paper on the expansion of the Security Council and decision-making in the Security Council, including the veto, submitted by Colombia on behalf of the delegations of Argentina, Canada, Chile, Colombia, Costa Rica, the Dominican Republic, El Salvador, Guatemala, the Islamic Republic of Iran, Italy, Mexico, Pakistan, Panama, the Republic of Korea, San Marino, Singapore, Spain and Turkey*
The following list of issues is presented as a contribution to facilitate the continued discussion in the working group on cluster I questions:
1. Whether every endeavour should be made to explore the possibility of Security Council enlargement.
2. Whether the Security Council should be expanded to:
(a) No more than 20 to 21 members;
(b) 24 members;
(c) 23 to 25 members;
(d) Not less than 26 members;
(e) Any other option.
3. Whether the question of the veto is intrinsically linked to the issue of expansion of the Security Council.
4. Whether it is possible to increase the permanent membership without agreement on its privileges, in particular the question of the veto.
5. Whether and to what extent, if any, the veto should be extended to any additional permanent members, and if so:
(a) Whether the veto right should be granted to any new permanent member after curtailing its scope of application;
(b) Whether the veto right should be granted to any new permanent member without curtailing its scope of application;
(c) Whether any curtailment of the veto right should be applicable to both new and the existing five permanent members;
(d) Whether any curtailment of the veto right should be applicable to new permanent members only;
(e) Any other option.
6. Whether the enlargement of the Security Council should include:
(a) Establishment of rotating permanent seats with the veto right;
(b) Establishment of rotating permanent seats without the veto right;
(c) Addition of new permanent members with the veto right;
(d) Addition of new permanent members without the veto right;
(e) Addition of non-permanent members only;
(f) Any other option.
7. Whether, "if there is no agreement on other categories of membership, expansion should take place only, for the time being, in the non-permanent category".
8. Whether the consideration of Article 23, paragraph 2, of the Charter (the ban on immediate re-election of non-permanent members) is relevant in the context of Security Council expansion.
9. How any additional seats in the permanent, non-permanent or any new category should be allocated.
10. Whether, at some appropriate future date, a review of all aspects of the Security Council should take place, and if so:
(a) Whether during the periodic review of decisions reached now, any new permanent member should seek a vote of confidence by securing a two-thirds vote of the Members of the United Nations;
(b) Whether during the periodic review of decisions reached now, any new permanent member would be removed by a two-thirds vote of the Members of the United Nations;
(c) Any other option.
Annex X. Letter dated 28 July 1999 from the Permanent Representative of the Arab Republic of Egypt in his capacity as Chairman of the Working Group of the Movement of Non-Aligned Countries on the reform and restructuring of the Security Council: Paragraphs related to the reform of the Security Council which appeared in the final document of the twelfth Conference of Heads of State or Government of Non-Aligned Countries [original paragraphs 64 to 73] held in Durban, South Africa, from 29 August to 3 September 1998 *
1. The Heads of State or Government comprehensively reviewed discussions on the reform and restructuring of the Security Council, in the light of the position papers adopted by the Movement on 13 February 1995 and 20 May 1996, the negotiating paper of the Movement of Non-Aligned Countries dated 11 March 1997, the decisions of the Cartagena Summit, the twelfth Ministerial Conference of the Movement of Non-Aligned Countries held in New Delhi from 7 to 8 April 1997, the Ministerial Meeting in New York on 25 September 1997 and the Ministerial Meeting of the Coordinating Bureau in Cartagena on 19 and 20 May 1998.
2. In conformity with the New Delhi declaration regarding the necessity of attaining general agreement, the Heads of State or Government reaffirmed their determination that any resolution with amendment implications for the Charter of the United Nations must be adopted by a vote of two thirds of the United Nations, as referred to in Article 108 of the Charter.
3. The Heads of State or Government recalled that discussions 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 have shown that, while a convergence of views has emerged on a number of issues, important differences still exist on many others. They noted that the Open-ended Working Group will resume its discussions and underlined the necessity of the Movement maintaining its unity and solidarity on this critical issue. They reaffirmed that the Movement should, in the ensuing negotiations, continue to pursue directives given by the Cartagena Summit and contained in the Movement's position papers. The Movement would be guided by the considerations set out below in approaching the issue of Security Council reform in discussions at the United Nations:
(a) Both reform and expansion of the Security Council should be considered as integral parts of a common package, taking into account the principle of sovereign equality of States and equitable geographical distribution, as well as the need for transparency, accountability and democratization in the working methods and procedures of the Security Council, including its decision-making process;
(b) The non-aligned countries are grossly under-represented in the Council. This under-representation should, therefore, be corrected by enlargement of the Security Council, which should enhance the credibility of the Council, to reflect the universal character of the world body and to correct existing imbalances in the composition of the Security Council in a comprehensive manner;
(c) The extent, nature and modalities of the expansion of the Security Council should be determined on the basis of the principles of equitable geographical distribution and sovereign equality of States. There shall be no partial or selective expansion or enlargement of the membership of the Security Council to the detriment of the developing countries. Attempts to exclude the Movement of Non-Aligned Countries from any enlargement in the membership of the Council would be unacceptable to the Movement;
(d) There should be an increase in the membership of the Security Council by not less than 11 members, based on the principles of equitable geographical distribution and sovereign equality of States;
(e) The negotiation process should be truly democratic and transparent, and negotiations on all aspects should be held, in all cases in an open-ended setting.
4. The Heads of State or Government reaffirmed that efforts to restructure the Security Council would not be subject to any imposed time-frame. While recognizing the importance of treating this issue as a matter requiring urgent attention, no effort should be made to decide this issue before general agreement is reached.
5. The Heads of State or Government reaffirmed the Movement of Non-Aligned Countries proposal that, if there is no agreement on other categories of membership, expansion should take place, for the time being, only in the non-permanent category.
6. The Heads of State or Government reaffirmed the Movement proposal that the veto should be curtailed with a view to its elimination and that the Charter should be amended so that, as a first step, the veto power should only apply to actions taken under Chapter VII of the Charter.
7. The Heads of State or Government underlined the need for a coherent and coordinated approach by the Movement in the ensuing discussions in the Open-ended Working Group. Mindful of the importance of reaching general agreement, as reflected, inter alia, in United Nations General Assembly resolution 48/26 of 3 December 1993, they called for fuller discussions of various proposals submitted to the Working Group.
8. The Heads of State or Government stressed the importance of enhancing the transparency of the Security Council through the improvement of its working methods and its decision-making process. They called upon the Open-ended Working Group to agree on and the General Assembly to recommend specific substantive measures to be implemented by the Security Council based on the measures proposed in the negotiating paper of the Movement on Cluster II issues. They also urged the Security Council to institutionalize such measures and stressed that a commitment to institutionalize them should be an element of a package agreement on the reform of the Security Council.
9. The Heads of State or Government called upon their permanent missions in New York to actively pursue the above positions within the framework of the ongoing discussions on Security Council expansion and reform.
10. The Heads of State or Government recalled United Nations General Assembly resolution 51/193 of 17 December 1996, and, in this regard, called for a significant improvement in the annual report of the Security Council to the General Assembly. They also urged the Security Council to provide, when necessary, special reports to the General Assembly in accordance with Articles 15 and 24 of the Charter of the United Nations.
