Global Policy Forum

1. The Movement of Non-Aligned Countries is convinced that the adoption of a set of recommended measures to improve the transparency of the Security Council's working methods and decision-making process is an integral task of the Working Group.

2. The present proposals are an amplification of the recommended measures to enhance the effective and efficient functioning of the Security Council (cluster II measures) contained in the position paper of the Movement of Non-Aligned Countries on the reform of the Security Council dated 13 February 1995. They also take into account the discussions on working methods held in the Open-ended Working Group and in the General Assembly since the tabling of the position paper.

3. The Movement has taken note of the measures taken by the Security Council aimed at increasing the transparency of its working methods. The Council's efforts are noted in this regard. These measures remain partial and ad hoc, lack predictability, and in their present form are insufficient for effectively enhancing the Council's interaction and relationship with the general membership and United Nations organs, particularly the General Assembly. Inasmuch as they lack an institutionalized framework, there is no assurance that they will continue in the future or in what form.

4. The measures already taken by the Security Council should be institutionalized and further strengthened, and additional measures should be taken to enhance the transparency of its working methods and decision-making procedures. The additional measures should also be institutionalized by the Security Council to ensure their transparent and systematic implementation. Effective interaction between the Security Council, the General Assembly and the membership at large would thus be promoted. Implementation of these measures would also help create a more participatory and open decision-making process in the Council.

5. Any set of measures agreed to within the Open-ended Working Group should subsequently be transformed into specific recommendations by the General Assembly addressed to the Security Council as part of the overall package of reform of the Security Council, as stated and elaborated in the position paper of 13 February 1995.

II. PROPOSALS FOR INSTITUTIONALIZING AND STRENGTHENING THE MEASURES TAKEN BY THE SECURITY COUNCIL

6. Report of the Security Council to the General Assembly.

The format and content of the Council's reports to the General Assembly should be in line with General Assembly resolution 51/193 of 17 December 1996.

7. Consultations with troop-contributing countries:

(a) The procedure for effective consultations with troop-contributing countries to take into account concrete proposals made by those countries;

(b) The procedure for regular consultations with troop-contributing countries on all issues of policy and mandate to be chaired by the President of the Council;

(c) The procedure for the inclusion of potential troop contributors in the consultations in the preparation phase of each operation as well as when the mandates of the operations are extended/changed;

(d) Other appropriate procedures for consultation on peacekeeping operations;

(e) The frequency of troop-contributor consultations;

(f) The procedure for the preparation of a summary of the troop-contributor consultations to be made available to all Member States;

(g) The procedure for the holding of presidential briefings for the general membership on the results of troop-contributor meetings.

8. Formal meetings of the Security Council:

(a) The holding of open public meetings, as a rule, at an early stage of consideration of a subject, in lieu of informal consultations of the whole;

(b) The holding of frequent orientation debates before the Council takes a decision on a particular matter;

(c) Fuller participation of non-members of the Security Council, without a vote, in formal meetings of the Council.

9. Sanctions committees:

(a) The preparation of summary records for each committee;

(b) The practice of giving an opportunity to concerned States and organizations to present their views during closed meetings of the sanctions committees on issues arising from implementation of sanctions regimes imposed by the Security Council;

(c) An oral briefing by the Chairman of each Committee after each meeting. The briefing should be announced in the Journal.

 

10. Presidential briefings on the results of informal consultations of the whole.

Briefings of the President of the Security Council to the general membership should be substantive and conducted promptly after each informal consultation of the whole, including making available copies of the text(s) of all draft resolutions and/or presidential statements under consideration at such consultations.

11. Tentative forecast of the programme of work of the Security Council.

The forecast should include the provisional monthly programme of work of the Security Council.

12. Prompt availability of all draft resolutions.

13. Inclusion of the agenda of formal Council meetings and informal consultations of the whole in the Journal.

III. PROPOSALS FOR MEASURES ADDITIONAL TO THOSE RECENTLY ADOPTED BY THE SECURITY COUNCIL

14. Measures relating to the working methods and decision-making of the Security Council:

(a) Adoption of the rules of procedure of the Security Council;

(b) Provisions for the participation of non-members of the Council in informal consultations of the whole through the application of Articles 31 and 32 of the Charter of the United Nations to such consultations;

(c) Inclusion of the "Arria formula" in the rules of procedure;

(d) Provision of a legal definition of what constitutes a procedural matter or clear criteria as to what is of a procedural nature and what is not (Article 27, paragraph 2, of the Charter);

(e) Given the view expressed by many States that the veto should be curtailed and rationalized, 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;

(f) Clear procedures should be defined for requesting meetings of the Council in pursuance of Article 35 of the Charter, including provisions for the prompt convening of formal meetings of the Council when requested by a State Member of the United Nations;

(g) A short but substantive summary of meetings of the Council's informal consultations of the whole would be made available as an official document of the Security Council to all States Members of the United Nations the day after such meetings;

(h) Establishment of an effective mechanism for alerting non-members of the Council of emergency, previously unscheduled and/or weekend meetings of the Security Council. An office of the Secretariat should be designated for this purpose.

15. Measures related to improving the working relationship between the Security Council, the general membership, the General Assembly and regional arrangements or agencies:

(a) Regarding the general membership, these include:

(i) Article 50 consultations:

a. Either the inclusion in the rules of procedure of a provision, or a decision by the Council, operationalizing the right contained in Article 50 for Member States to consult the Security Council with regard to a solution of problems arising from their implementation of preventive or enforcement measures imposed by the Council;

b. The establishment by the Council of a mechanism or mechanisms to provide relief to affected States under Article 50 on the basis of automaticity of application;

(ii) Sanctions and sanctions committees:

a. Sanctions, when established, shall be in strict conformity with the Charter of the United Nations, with clearly defined objectives, provisions for regular review and precise conditions for being lifted;

b. Thorough consideration should be given to short- and long-term effects before the imposition of sanctions;

c. The Security Council should implement the measures already agreed to in the Subgroup on Sanctions with respect to the functioning of the sanctions committees. The measures are as follows:

i. The sanctions committees should give priority to handling applications for the supply of humanitarian goods meant for the civilian population. These applications should be dealt with expeditiously;

ii. The sanctions committees should give priority to humanitarian problems that might arise from the application of sanctions. Whenever it considers that a humanitarian problem is about to arise in a target State, such a situation should immediately be brought to the attention of the Security Council. The committees may suggest changes in specific sanctions regimes to address particular humanitarian issues with a view to taking urgent corrective steps;

iii. Likewise, when a committee considers that a sanctions enforcement problem has arisen, it should bring the situation to the attention of the Council. The committees may suggest changes in specific sanctions regimes to address particular enforcement issues with a view to taking urgent corrective steps;

iv. Further improvements in the working methods of sanctions committees that promote transparency, fairness and effectiveness and help the committees to speed up their deliberations are necessary;

v. Measures additional to those contemplated in the notes by the President of the Security Council dated 29 March 1995, 31 May 1995 and 24 January 1996 might include, among other things, improvements in the decision-making procedures of the sanctions committees and the possibility for affected States to implement more effectively their right to represent to the committees against their decisions;

vi. Improvements in the "authorized signatory system" should be sought so that delays in clearing proposals may be avoided. The reasons for putting applications on "hold" or "block" should be immediately communicated to the applicant;

vii. The practice of hearing technical presentations of information by organizations assisting in the enforcement of Security Council sanctions during closed meetings of the sanctions committees should be continued, while respecting the existing procedures followed by such committees. The target/affected States, as well as concerned organizations, should be better able to exercise the right of explaining/presenting their points of view to the sanctions committees. The presentations should be expert and comprehensive;

viii. Sanctions committee secretariats should be adequately staffed from within existing resources. This is necessary to expedite the processing of applications and to give quick clearances;

ix. Sanctions committees could analyse available information in order to evaluate whether regimes are being implemented effectively. They could bring their conclusions and, if appropriate, recommendations in this respect to the attention of the Security Council;

x. Clarifying statements and decisions by the sanctions committees are an important contribution to the uniform application of a given sanctions regime. Such statements and decisions must be consistent with Security Council resolutions and with one another;

(iii) Subsidiary organs of the Security Council: subsidiary organs of the Council established in pursuance of Article 29 of the Charter should be open to the participation of all Member States;

(b) Regarding the Council's working relationship with the General Assembly, measures include: in coordination with the General Assembly, the procedure for consultations between the Presidents of the Security Council and the General Assembly on the basis of Articles 10, 11, 12 and 14 of the Charter, as well as their frequency, and the possibility of special meetings in the event of international crises or urgent developments;

(c) Relations with the International Court of Justice: the Council shall use, as appropriate, the International Court of Justice in accordance with the relevant provisions of the Charter of the United Nations;

(d) Regarding the working relationship with regional arrangements or agencies, measures include:

(i) In accordance with the provisions of the Charter and the Declaration on the Enhancement of Cooperation between the United Nations and Regional Arrangements or Agencies in the Maintenance of International Peace and Security, the Security Council shall encourage the pacific settlement of local disputes through such regional arrangements or by such regional agencies either on the initiative of the States concerned or by reference from the Security Council;

(ii) The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority, but no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Council;

(iii) Regional efforts undertaken by regional arrangements or agencies in the area of the maintenance of international peace and security, within their respective fields of competence and in accordance with the purposes and principles of the Charter, should be encouraged and, where appropriate, supported by the Security Council;

(iv) Exchange of information and the holding of consultations at appropriate levels between the Council and the regional organizations in accordance with Chapter VIII of the Charter, and reports on such consultations should be made available to all Members of the United Nations;

(v) In the event that the Security Council is taking a decision under Chapter VII of the Charter on a certain issue, prior consultations between the Council and the regional arrangement directly concerned would be useful;

(vi) If action by the Security Council involves peacekeeping or peaceful settlement measures, the Council shall consult the parties concerned and, taking into account the views of the latter, consider consulting the relevant regional arrangements and agencies.

*Previously issues as A/AC.247/1997/CRP.4 of 30 April 1997.