Report of 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

Contents

1. The Charter of the United Nations, signed on 26 June 1945, provided for a Security Council with 11 members, 5 permanent and 6 non-permanent members. The Charter was amended on 17 December 1963 to increase the number of non-permanent members from 6 to 10. (*1) These amendments entered into force on 31 August 1965. Other aspects of the composition or the work of the Council were not discussed at that time.

2. The question of equitable representation on and increase in the membership of the Security Council was included in the agenda of the General Assembly in 1979 at the request of Algeria, Argentina, Bangladesh, Bhutan, Guyana, India, Maldives, Nepal, Nigeria and Sri Lanka. (*2) From 1980 to 1991, the item remained inscribed on the agenda but the General Assembly decided to defer its consideration.

3. At its forty-seventh session, in 1992, the General Assembly requested the Secretary-General to invite Member States to submit written comments on a possible review of the membership of the Security Council and also requested the Secretary-General to submit to the Assembly at its forty-eighth session a report containing comments made by Member States. (*3) In July 1993, the Secretary- General submitted a report (*4) containing comments made by 79 Member States and three regional groups (African Group, Arab States and Caribbean Community) on the subject.

4. At its forty-eighth session, the General Assembly adopted resolution 48/26 of 3 December 1993, which reads as follows:

"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', (*4)

"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 an Open-ended Working Group to consider all aspects of the question of increase in the membership of the Security Council, and other matters 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-ninth session an item entitled 'Question of equitable representation on and increase in the membership of the Security Council and related matters'."

5. In January 1994, the Open-ended Working Group began its work, and in September submitted a report to the General Assembly. (*5) The report stated that the discussions in the Open-ended Working Group had addressed, inter alia, the question of size and composition of the possible increase in the Security Council membership. Although the debate was substantive and constructive, clarifying the positions of Member States, no conclusions were drawn. While there was a convergence of views that the membership of the Security Council should be enlarged, there was also agreement that the scope and nature of such enlargement required further discussion. On other matters related to the Council, it was noted that the Council had initiated a number of steps to enhance its working methods and procedures. Views were also expressed on possible further measures the Council might be invited to take in that regard. The Assembly decided that the Open-ended Working Group should continue its work and submit a report to the Assembly before the end of the forty-ninth session. (*6)

6. The Open-ended Working Group resumed its work in January 1995 and in September submitted a report on the progress of its work to the General Assembly. (*7) The report stated, inter alia, that the discussions showed that there was agreement to expand the Security Council and review its working methods and other matters related to its functioning in a way that further strengthened its capacity and effectiveness, enhanced its representative character and improved its working efficiency. Discussions also showed that important differences continued to exist on key issues before the Open-ended Working Group and therefore further in-depth consideration of those issues was still required. The General Assembly decided that the Open-ended Working Group should continue its work and submit a report to the Assembly before the end of its fiftieth session, including any agreed recommendations. (*8)

7. The work of the Open-ended Working Group during the fiftieth session of the General Assembly took place against the background of the special commemorative meeting of the Assembly on the occasion of the fiftieth anniversary of the United Nations and the Declaration adopted on that occasion on 24 October 1995. (*9) The Declaration stated, inter alia, that the Member States and observers of the United Nations "will give to the twenty-first century a United Nations equipped, financed and structured to serve effectively the peoples in whose name it was established". It further stated that "the Security Council should, inter alia, be expanded and its working methods continue to be reviewed in a way that will further strengthen its capacity and effectiveness, enhance its representative character and improve its working efficiency and transparency; as important differences on key issues continue to exist, further in-depth consideration of these issues is required" (paragraph 14). The agreement to expand the membership of the Security Council and to review its working methods as well as other matters related to its functioning, reflected in the report of the Open-ended Working Group to the Assembly at its forty-ninth session, (*7) was thus unanimously reaffirmed at the highest political level although it was also recognized that important differences on key issues continued to exist.

II. PROCEEDINGS OF THE OPEN-ENDED WORKING GROUP DURING THE FIFTIETH SESSION OF THE GENERAL ASSEMBLY

8. In its deliberations during the fiftieth session of the General Assembly, the Open-ended Working Group took note of the views expressed in the Assembly in the general debate and in the debates under agenda items 47 (Question of equitable representation on and increase in the membership of the Security Council and related matters) and 11 (Report of the Security Council), and in particular at the special commemorative meeting of the Assembly.

9. The Working Group held 39 formal meetings and 17 informal consultations, from 28 November 1995 to 13 September 1996. The President of the General Assembly, Mr. Diogo Freitas do Amaral, served as Chairman of the Working Group.

10. At its 1st meeting, on 28 November 1995, the Open-ended Working Group appointed Ambassador Fredrik Wilhelm Breitenstein, the Permanent Representative of Finland to the United Nations, and Ambassador Nitya Pibulsonggram, the Permanent Representative of Thailand to the United Nations, as Vice-Chairmen of the Working Group. In January 1996, Ambassador Pibulsonggram took up a new assignment outside New York. At its 5th meeting, on 26 February 1996, the Open-ended Working Group appointed Ambassador Asda Jayanama, Permanent Representative of Thailand to the United Nations, as Vice-Chairman.

11. The Open-ended Working Group started its work by discussing, during three meetings on 1 and 2 February 1996, the draft programme of work for the fiftieth session which had been prepared by the Vice-Chairmen (A/AC.247/6). (*10) At its 5th meeting, on 26 February 1996, the Open-ended Working Group adopted a more detailed draft programme of work for February and March 1996, also prepared by the Vice-Chairmen (A/AC.247/7). The Open-ended Working Group held 19 formal meetings in February and March 1996 addressing the following: (a) proposals on rotation or shared seats, including Article 23, paragraph 2, of the Charter; (b) working methods of the Security Council and the relationship between the Council and the General Assembly as well as other principal organs of the United Nations; (c) decision-making process in the Council, including the veto; (d) proposals for increase in the non-permanent membership; (e) proposals for increase in the permanent membership; and (f) other matters.

12. Based on the discussions in February and March 1996 and requests by delegations, the Bureau prepared a non-paper on the working methods and procedures of the Security Council (A/AC.247/1996/CRP.4). The non-paper describes measures already adopted by the Council to enhance its working methods and procedures, lists proposals aimed at enhancing the application of these measures as well as additional proposals that could further improve the working methods and procedures of the Council. The non-paper by the Bureau is contained in annex III to the present report. (*11)

13. The Vice-Chairmen of the Open-ended Working Group held two informal consultations, on 10 and 19 April 1996, on a new draft programme of work for the months of April to June (A/AC.247/1996/CRP.5). On 22 April 1996, the Open-ended Working Group approved the revised draft programme of work (A/AC.247/1996/CRP.5/Rev.2) and subsequently held 16 formal meetings during that period addressing, in a more issue-oriented approach, the following: (*12) (a) composition and size of the Security Council; (b) decision-making in the Council, including the veto; (c) working methods and transparency of the Council; and (d) other matters.

14. During the discussions, a large number of proposals were made orally by delegations, some of which were subsequently submitted as written proposals and/or position papers and were circulated as conference room papers. Such submissions were made by the following Member States or groups of Member States: Organization of African Unity (OAU), Mexico, Argentina/New Zealand, Egypt (on behalf of the Movement of Non-Aligned Countries), Spain, Italy, Czech Republic, Monaco, Uruguay, Australia, Germany, Belize, Malaysia, Norway and Ukraine. Those documents are contained in annexes IV to XVIII to the present report. (*11) In the discussions, reference was also made to the written proposals and/or position papers previously presented, especially those contained in document A/49/965.

15. In addition to the documentation referred to in paragraphs 11 to 14 above and the documents issued at the end of the forty-ninth session of the General Assembly, (*13) the Open-ended Working Group also had before it three conference room papers prepared by the Secretariat: (a) a compilation of the views expressed by Member States during the general debate and the debate on agenda item 47 at the fiftieth session of the General Assembly (A/AC.247/1996/CRP.1 and Corr.1); (b) a summary of views expressed by Member States during the consideration of the report of the Security Council at the fiftieth session of the Assembly (A/AC.247/1996/CRP.2); and (c) an inventory of measures taken by the Council to enhance its working methods and procedures (A/AC.247/1996/CRP.3).

III. SUMMARY OF DISCUSSIONS

16. The Open-ended Working Group recalled its report to the forty-ninth session of the General Assembly and again emphasized that the review of the membership of the Security Council and other related matters was taking place in view of the substantial increase in the membership of the United Nations, especially of developing countries, as well as the important changes in international relations. It reaffirmed its agreement to expand the Security Council and to review its working methods and other matters related to its functioning in a way that further strengthens its capacity and effectiveness, enhances its representative character and improves its working efficiency. It again recognized that the principles of the sovereign equality of all Members of the United Nations, equitable geographical distribution and contribution to the maintenance of international peace and security, as well as to the other purposes of the Organization, should guide the work on the reform of the Security Council. Finally, it reiterated that the concepts of transparency, legitimacy, effectiveness and efficiency should also be taken into account in this context as should, in the view of a large number of delegations, the concept of democracy.

17. It was again affirmed that the final agreement on the issues of composition and size of the Security Council; decision-making in the Council, including the veto; working methods and transparency of the Council; and other matters related to the Security Council should comprise a comprehensive package, that work on these issues be allowed to proceed concurrently and that progress on one issue should not be impeded by lack of progress on the other.

18. The discussions in the Open-ended Working Group were thorough and useful in contributing to a better understanding and increased clarity of many issues involved as well as laying the groundwork for the continuation of the work at the fifty-first session of the General Assembly. The discussions were enriched by several oral and written proposals submitted by delegations, which should be explored and clarified in detail by the Open-ended Working Group. As is evident from the following summary of the discussions of the Open-ended Working Group at the fiftieth session of the General Assembly, convergence of views emerged on a number of issues but important differences still exist on many others.

19. The order of the issues in this summary does not in any way attempt to set priorities or otherwise prejudge the outcome of the deliberations of the Open-ended Working Group.

A. Working methods of the Security Council

20. The Open-ended Working Group continued and deepened its consideration of working methods and transparency of the work of the Security Council as well as the relationship between the Council and the general membership and other principal organs of the United Nations. The discussions showed a considerable convergence of views. It was suggested that the improvement of the working methods and the transparency of the work of the Council would enhance its effectiveness and efficiency. The Open-ended Working Group noted that the Security Council had continued to take steps in this regard, largely encouraged by the discussions in the Open-ended Working Group. It was, however, noted that the measures adopted had not been fully and effectively implemented. While strong support was expressed for the formalization or institutionalization of the measures taken by the Council to improve its working methods and transparency some Member States expressed opposition or reservations.

21. A large number of delegations underlined the need for the Security Council to improve further its working methods and transparency in light of the experience with regard, inter alia, to the reports of the Council to the General Assembly; briefings to non-members of the Council; consultations with present and potential troop-contributing countries; the work of the Sanctions Committees; effective flow of information and exchange of views between the Council and the Assembly; and the participation of non-members of the Council in its discussions (Articles 31 and 32 of the Charter).

22. Upon the request of the Open-ended Working Group, the Secretariat prepared an inventory of measures taken by the Security Council to enhance its working methods and procedures (A/AC.247/1996/CRP.3) and the Bureau prepared a non-paper on the working methods and procedures of the Security Council (see annex III) as background documents. Discussion focused on a number of specific proposals on the working methods of the Council introduced by Member States and discussed at length in the Open-ended Working Group: proposals by the Movement of Non-Aligned Countries submitted at the forty-ninth session of the General Assembly (see document A/49/965), the working papers by the Czech Republic (see annex X to the present report) and by Argentina and New Zealand (see annex VI). These proposals received wide support in the Open-ended Working Group although some delegations expressed opposition or reservations.

B. Size and composition of the Security Council

23. Discussions in the Open-ended Working Group reaffirmed the agreement reached at the forty-ninth session that the Security Council should be expanded. The expansion should ensure equitable geographical distribution, taking into account the substantial increase in the membership of the United Nations, especially of developing countries, as well as important changes in international relations. As to the overall size and composition of an expanded Council, the need to ensure the Council's representative character without impairing the efficiency and effectiveness of its work was underlined. Views on how to bring about an expansion continued to differ. It became clear also that a number of Member States were not ready to take final positions because of interlinkages between the size and composition and other matters in the mandate of the Open-ended Working Group.

24. The view was expressed that expansion of the Security Council should also take into account the increase in the membership of the United Nations by countries belonging to Eastern Europe in the context of an overall equitable geographical distribution.

25. Proposals for an increase in the non-permanent membership only, including proposals on more frequent elections for a number of Member States (see, for instance, the proposals by Italy, Mexico and Turkey in document A/49/965, and by Italy in annex IX to the present report) received both support and objections.

26. Both support and objections were expressed with regard to an increase in permanent members (see, for instance, the African common position and proposals by Monaco, Australia and Germany in annexes IV, XI, XIII and XIV and proposals by Austria, Belgium, Cuba, the Czech Republic, Estonia, Hungary, Ireland, Slovenia and the Nordic countries in document A/49/965). In the event that there is agreement for an increase in the permanent membership, an increase only by industrialized countries would be widely regarded as unacceptable. The view that there is a need to redress the existing imbalance in the composition of the Council by adding permanent members representing developing countries received both support and objections.

27. The concept of regional rotation of permanent seats was introduced in the debate (see, for instance, the African common position paper submitted by OAU in annex IV, as well as working papers by Belize, Malaysia and Norway, in annexes XV, XVI and XVII). Both support for and objections to this concept were expressed. The concept of shared seats was also discussed (see the submission by Belize in document A/49/965 and in annex XV to the present report).

28. The Open-ended Working Group discussed criteria for non-permanent members, including a system for more frequent rotation of non-permanent members of the Security Council (see the proposal by Spain in annex VIII). The Open-ended Working Group also heard views on criteria for permanent membership (see, for instance, the proposals by Indonesia and Singapore in document A/49/965).

29. The proposal that, in case of no agreement on the increase of other categories of membership, expansion should take place only, for the time being, in the non-permanent category received wide support (see the proposal by the Movement of Non-Aligned Countries in document A/49/965). Others regarded such expansion as insufficient.

30. The Open-ended Working Group also discussed the possible wider implications of the permanent membership of the Security Council on the membership in other principal organs and bodies of the United Nations as well as its other implications (the so-called "cascade effect"; see, for instance, the submission by Argentina in A/49/965).

C. Decision-making in the Security Council, including the veto

31. The decision-making in the Security Council, including the question of the veto, continued to be an important element in the discussions of the Open-ended Working Group. Several proposals were made on this issue during the fiftieth session. In a position paper submitted by a group of countries, it was suggested that the veto should be curtailed and rationalized 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 (see the proposal by the Movement of Non-Aligned Countries, annex VII). Amendments were proposed to articles 4, 5, 6, 27, 97, 108 and 109 of the Charter seeking to limit the use of the veto (see the working paper by Mexico, annex V). It was also proposed that the right of veto should be subject to suspension on specific occasions, as defined by a prescribed qualified majority of the General Assembly (see the working paper by Uruguay, annex XII). These proposals to limit the scope and use of the veto were widely supported in the course of the discussions. However, opposition to any limitation in the scope and use of the veto was also expressed. The question of the possible extension of the veto to possible new permanent members was also discussed. Both support and objection were expressed. While objections were expressed to any extension of the veto some delegations expressed the view that extension of the veto, it agreed, should be done in a non-discriminatory manner.

32. The Open-ended Working Group exchanged views on the effects of the enlargement of the membership of the Security Council on its decision-making procedures in broader terms, addressing such issues as the de facto blocking power of developing countries that were non-permanent members of the Council and the number of affirmative votes required for Council decisions on both substantive and procedural matters (the so-called "action threshold"; see, for instance, the working paper by Ukraine, annex XVIII). It was felt that discussions on those topics should continue, while bearing in mind that the final outcome would be dependent on the results of consideration on other issues mentioned above.

33. An enlargement of the Security Council will necessitate amendments to the Charter. In the discussions of the Open-ended Working Group, the view was also expressed that, in some instances, the improvement of the Council's working methods and transparency in its work might be done through such amendments. However, a number of measures to improve the working methods and transparency of the Council and its relationship with non-members of the Security Council and other principal organs of the United Nations could come into effect through changes in the provisional rules of procedure of the Council or otherwise. These changes could, inter alia, be the result of formal recommendations of the General Assembly to the Council, subject to consideration and adoption by the Council itself. The relative merits of resorting to provisions in Articles 108 or 109 of the Charter in amending the Charter were also discussed by the Open-ended Working Group.

34. The Open-ended Working Group discussed the possibility of periodic reviews of the composition and size of the Security Council and other matters related to the Council. The point was made that providing for such periodic reviews could be an important element in facilitating the efforts towards reaching final agreement on the issues within the mandate of the Open-ended Working Group (see, for instance, the working paper by Germany, annex XIV to the present report). Others disagreed and thought that such a provision was unnecessary.

F. Work during the fifty-first session of the General Assembly

35. The Open-ended Working Group concluded that the discussion on the question of equitable representation on and increase in the membership of the Council and other matters related to the Council should continue during the fifty-first session of the General Assembly. Future work should take into account all oral and written submissions so far presented to the Open-ended Working Group, as well as any new proposals that may be introduced.

IV. RECOMMENDATIONS

36. At its 39th meeting, on 13 September 1996, the Open-ended Working Group concluded its work for the current session of the General Assembly and decided to recommend that the discussion on this agenda item should continue during the fifty-first session of the Assembly, building upon the work done in the course of the forty-eighth, forty-ninth and fiftieth sessions. To that end, the Open-ended Working Group recommends to the Assembly the adoption of the following draft decision:

The General Assembly, having considered the report on the work of 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, (*14) established pursuant to its resolution 48/26 of 3 December 1993, the mandate of which was extended by its decisions 48/498 of 14 September 1994 and 49/499 of 18 September 1995,

(a) Takes note of the report of the Open-ended Working Group;

(b) Decides that the Open-ended Working Group should continue its work, taking into account the progress achieved during the forty-eighth, forty-ninth and the fiftieth sessions and the views to be expressed during the fifty-first session of the Assembly, and submit a report to the Assembly before the end of its fifty-first session, including any agreed recommendations.

Notes

(*1) General Assembly resolution 1991 (XVIII).
(*2) See A/34/246.
(*3) General Assembly resolution 47/62.
(*4) A/48/264 and Add.1, Add.2 and Add.2/Corr.1 and Add.3-10.
(*5) Official Records of the General Assembly, Forty-eighth Session, Supplement No. 47 (A/48/47).
(*6) General Assembly decision 48/498 of 14 September 1994.
(*7) Official Records of the General Assembly, Forty-ninth Session, Supplement No. 47 (A/49/47).
(*8) General Assembly decision 49/499 of 18 December 1995.
(*9) General Assembly resolution 50/6 of 24 October 1995.
(*10) The documents of the Open-ended Working Group issued during the fiftieth session of the General Assembly
are listed in annex I to the present report.
(*11) The text of annexes III to XVIII has been issued as an addendum to the present report.
(*12) These issues are listed in greater detail in annex II to the present report.
(*13) A/49/965; Official Records of the General Assembly, Forty-ninth Session, Supplement No. 47 (A/49/47).
(*14) Official Records of the General Assembly, Fiftieth Session, Supplement No. 47 (A/50/47).

Annexes

ANNEX I: Contains a Complete Documentation of measures and proposals for 1996

ANNEX II: Contains a Draft Programm of work From April to June 1996

ANNEXes III to XVIII: Is a Documentation of the Addendum to the Draft Proposal