Global Policy Forum

22 December 1997

Excellency,

We have the pleasure to attach herewith a preliminary position paper on the continued improvement of the working methods of the Security Council with a view to enabling the Council to better discharge its primary responsibilities in the maintenance of international peace and security.

The Security Council members signing this letter have taken due note of various measures adopted by the Council in the past few years aimed at increasing transparency and improving its working methods in particular improving the interrelationship between the Council and the states members of the United Nations

It is our view as members of the Security Council that the measures already adopted by the Council should be institutionalized and further strengthened, and that 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.

Implementation of these measures would also help create a more responsive active and open decision-making process in the Council. This requires the initiation of a process to re-examine the Provisional Rules of Procedure of the Council which was last amended in 1982. Many of the attached proposed measures should be incorporated in the Provisional Rules of Procedure. A related aspect of this exercise is to review the informal practices which developed through the years, to regulate the work in the informal consultations. A process of registration of such practices should be embarked upon to provide elements of clarity and certainty without in any way hindering the Council from developing and further articulating these practices.

It is our hope that the measures outlined in the Annex will be the subject of in-depth discussion among all members of the Council, with a view to reaching agreement on concrete improvements in this crucial field. We would be grateful if you could arrange for this paper to be the subject of Informal Consultations of the whole as soon as possible.

We should be grateful if you would have this letter and its annex circulated to all members of the Security Council.

H.E. Mr. Fernando Berrocal Soto
Permanent Representative or Costa Rica to the U.N.
President of the Security Council

Signed by the following Permanent Representatives:

Juan Somavia (Chile)
Fernando Berrocal Soto (Costa Rica)
Nabil Elaraby (Egypt)
Alfredo Lopes Cabral (Guinea Bissau)
Hisashi Owado (Japan)
Njuguna Muhugu (Kenya)
Zbigniew Wlosowicz (Poland)
Antonio Monteiro (Portugal)
Park Soo Gil (Republic of Korea)
Hans Dahlgren (Sweden)

1. The Security Council should proceed to finalize its provisioinal rules of procedures including the new methods of work and the new practices which have been agreed upon and been implemented without prejudice to further improvement of the working methods of the Councfl and their flexible application.

2. Open public meetings should be held at any stage of the consideration of a subject, in lieu of informal consultations of the whole. Whenever necessary, the Council could meet in private formal sessions. Written records should be ensured for formal sessions of the Council public or private. Informal consulations of the whole could be held whenever necessary but not as the main way for the Council to conduct its business. Orientation debates previously announced and with the participation of states not members of the Council should be held prior to the Council's taking a decision on a particular matter.

3. The Security Council should apply strictly the relevant provisions of the Charter and its rules of procedures, particularly those related to ensuring that any member of the United Nations and any State which is not a member of the United Nations as well as members of the Secretariat or any other person, may participate or be invited to participate, as appropriate, in the discussion of any item before the Council and be given adequate opportunity to address the Council in an appropriate forum.

4. The Security Council should consider allowing States non-members of the Council to make statements in the meetings in which a statement is made by the President on behalf of members of the Council.

5. Meetings held under Arria Formula are designed to allow members of the Council to obtain information related to issues under consideration from any source, not least of a non-governmental nature. Arria meetings are not the privileged format for the Council to meet with representatives of States - formal meetings of the Council, according to the Charter and the existing Provisional Rules are. By virtue of their informal character, Arria meetings do not require formal acquiescence by all members of the Council. However, all Security Council members should be encouraged to participate.

6. Briefings by the Secretary-General or any United Nations official acting on his behalf, should, as appropriate, be made in a formal meeting of the Security Council in public or private session in accordance with rule 39 of the Council's provisional rules of procedures. Written records of such briefings should therefore be ensured.

7. Before the Security Council imposes sanctions on any Member State or reviews sanctions imposed on any State, a formal meeting of the Council should be held as a general rule where opportunity should be given to the State or States concerned or the State under sanctions as well as other neighboring and interested States to present their views in accordance with articles 31 and 32 of the Charter at an appropriate time.

8. Briefings by the President of the Security Council to the general membership should be substantive and conducted promptly after each informal consultation of the whole, including information on draft resolutions and/or presidential statements under consideration at such consultations. Members of the Security Council should be encouraged to follow transparent approach with other states not members of the Security Council concerning the work of the Council with a view to benefiting from their views on subject matters under consideration.

9. The Sanctions Committees should further enhance transparency in their work through publishing the summary records for each meeting of the committees in a timely manner.

10. Consultations with troop-contributing countries should ensure more active participation of members of the Council as well as troop contributing states through:
a) The participation of potential troop contributors and other substantial contributors in the consultations in the preparatory phase of each operation as well as when the mandates of the operations are extended or changed;
b)The preparation of a summary of the troop contributor consultations to be made available to all Member States; and
c) The holding of presidential briefings for the general membership on the results of troop contributors meetings.

11. Agenda items of formal Council meetings and informal consultations of the whole published in the journal should be more specific.

12. The Council should make tentative forecasts of its program of work more available to the general membership as stated in the note by its President dated 27 July 1993, preferably as a document of the Security Council, and include the provisional monthly program of work of the Security Council. In this regard, the Council should consider the working program of the month in a formal session.

13. An effective mechanism should be established to alert states non-members of the Council of emergency, previously unscheduled and/or weekend meetings of the Security Council. The Secretariat should undertake the necessary measures to this end.

14. The descriptive part of the annual report of the Council should include a factual summary of the discussions the consultations of the whole on all issues considered by the Council, as well as a summary of the deliberations of the sanctions committees. Information regarding the substantive work of the subsidiary organs of the Council, including the Sanctions Committees, should be included in the annex to the annual report.

15. The Security Council should consider implementing the provisions of Article 24.3 of the Charter by presenting special reports, when necessary, to the General Assembly. The Security Council should identify such necessary cases taking into account all relevant factors.