NEED FOR FAIR GEOGRAPHICAL REPRESENTATION ON SECURITY COUNCIL STRESSED AS ASSEMBLY CONCLUDES PHASE OF REFORM DEBATE

1 November 1996

Press Release
GA/9151

NEED FOR FAIR GEOGRAPHICAL REPRESENTATION ON SECURITY COUNCIL STRESSED AS ASSEMBLY CONCLUDES PHASE OF REFORM DEBATE

19961101 Fiji, Prominent Peace-keeper, Says It Is Denied Seat; Pakistan Calls For More Non-Permanent Members; Others Urge Cooperation of Major Powers

The Security Council was not a universal body, but a representative one, Australia's representative told the General Assembly this morning as it completed discussion of the progress of its working group on Security Council reform.

The democracy of the United Nations was deeply rooted in the General Assembly, he went on to say, and the Council reported to the Assembly. It was within that context that every Member State had, and must retain, its equal voice with all others. The Council must be made up of States which met the primary criteria outline in Article 23 of the Charter which said that in the selection of Council members a country's contribution to international peace and security, along with equitable geographic distribution, must be borne in mind. The representative of Fiji said his country had contributed troops to most United Nations peace-keeping operations, yet it was denied the opportunity to sit on the Council.

The representative of Nicaragua, speaking for the Central American countries, said that Article 23 of the Charter remained valid, as it represented a broad and flexible approach inclusive of the need for equitable geographic distribution. He noted, however, that the expansion of the Council must be based on the principle of sovereign equality of all the Member States of the United Nations, as stated in Article 2 of the Charter.

The representative of Pakistan said his country strongly opposed any increase in the permanent membership of the Council, a reform which would serve the interests of only a few and strengthen the "club of aristocratic elite". Without current consensus, or a possibility of reaching it in the near future due to the intransigence of the current permanent members, he called for the expansion of the non-permanent membership as a first step.

"We seem to be going round in circles", said the representative of Nigeria. Progress on Security Council reform would be possible only if the political will existed to make the necessary compromises. It was hoped that

the permanent Council membership, whose privileges were linked to obligations and responsibilities, would cooperate in the reform process.

Statements were also made by the representatives of Angola, Swaziland, Belgium, Venezuela, Malta, United Republic of Tanzania, Belarus, Ecuador, United Arab Emirates, Iran, Fiji, Iraq, South Africa and Peru.

The Assembly will meet again at 10 a.m. on Monday, 4 November, to review cooperation between the United Nations and the Asian-African Legal Consultative; and to discuss implementation of the United Nations New Agenda for the Development of Africa in the 1990s. The Assembly is also scheduled to act on reports of its Fifth Committee (Administrative and Budgetary).

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Assembly Work Programme

The General Assembly met this morning to continue its review of the progress of its open-ended working group on the question of equitable representation on and increase in the membership of the Security Council and other matters.

The Assembly had before it the working group's report detailing its activities during the fiftieth session (document A/50/47 and Add.1). The working group was established by the Assembly in December 1993 to consider all aspects of Council reform. According to the report, during meetings and informal consultations beginning November 1995 and ending last month the working group continued to discuss aspects of Council reform which have been a focus of its deliberations since it began work in January 1994, namely: on the increase in non-permanent membership; proposals relating to rotation or shared Security Council seats; improvement in the Council's working methods and its transparency; and the decision-making process in the Council's work. (For further details see Press Release GA/9144 of 29 October.)

Statements

AHMAD KAMAL (Pakistan) said that despite three years of negotiations, the Assembly was no closer to reaching agreement on the fundamental issues relating to expansion and reform of the Council. The fact was that there was no consensus today, nor was there likely to be in foreseeable future, on a quick expansion in the permanent membership of the Council. The existing permanent members were unwilling to accept restrictions on their veto power, let alone to renounce it. Many important members of the Council and the Assembly were not even willing to allow forward movement on the working methods of the Council, as they wanted to hold any reform of the working methods hostage to a quick decision on expansion. Except for a few countries, most Assembly members would welcome just an expansion of the non-permanent category.

Pakistan strongly opposed any increase in the permanent membership of the Council, he said. It would serve the interests of only a few countries and would be to the detriment of small and medium-sized countries. Pakistan remained strongly opposed to the centres of privilege within the United Nations system. It would be fair to say that the increase in permanent membership would not only be "strengthening the club of aristocratic elite", but would also proportionately reduce the chances of election of non-members to the various organs of the United Nations. He said Pakistan was joined by many other countries in advocating an increase in the category of non- permanent membership. The position of the Non-Aligned Movement was that if there was no consensus on an increase in other categories of membership -- and there appeared not to be -- expansion should take place only in the non-permanent category for the time being. Only very few delegations

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had categorically stated that if there was no increase in the permanent membership, there would be no expansion at all.

RICHARD BUTLER (Australia) said membership of the Security Council should be expanded to better reflect current political and economic circumstances. Japan and Germany must become permanent Council members. There must also be permanent seats for under-represented regions. The number of non-permanent members of the Council should be increased in such a way as to ensure more balanced and equitable representation. The total number for an expanded Council should be about 25.

It was essential that the terms of article 23 of the Charter outlining criteria for States seeking non-permanent seats on the Council be followed faithfully. [Article 23 states that in selecting the non-permanent Council members, the Assembly should pay due regard to the contribution of the Members to the maintenance of international peace and security; and to equitable geographic representation.] He said the Council was not a universal body, but a representative one and it must be made up of States which met the primary criteria outlined in article 23. The democracy of the United Nations was deeply rooted in the General Assembly and the Council reported to the Assembly.

It was within that context, he continued, that every Member State had and must retain its equal voice with all others. But those who preached a notion of rotation as a first principle in the context of Security Council elections were in fact seeking to revise the important terms of article 23. A new understanding and clarification of how and when the veto power should be used must be achieved. Unwelcome though that may seem, it must be pursued.

AFONSO VAN-DUNEM "MBINDA" (Angola) said reform of the Security Council must focus on redressing imbalances in regional representation, particularly the inadequate representation of developing countries. Only with a representative Council would decision-making be more democratic and transparent. In line with the view of the Organization of African Unity (OAU), Angola believed that two new permanent seats should be created for African countries. Other regions should gain permanent membership on the Council.

However, he went on, it was not enough to raise the number of permanent and non-permanent members; it was also important that new members obtain all appropriate rights and duties, including the veto right. Angola was vigorously opposed to the idea of creating a new category of permanent membership. The current veto right of permanent members warranted careful consideration. The use of the veto was inconsistent with today's reality and for that reason Angola favoured the abolition of the veto. If that were not possible, then at least the veto prerogative should be extended to new members.

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MOSES MATHENDELE DLAMINI (Swaziland) said that as the only United Nations organ charged with the maintenance of international peace, the Security Council's weaknesses and strengths affected all Member States. The Council's present composition was "iniquitous and anachronistic", inconsistent with democratic principles, which formed the cornerstone of international discourse. The African continent should have a minimum of two permanent members on the Council. The existing permanent members must exercise flexibility. On the matter of non-permanent Council membership, he said twenty-five should be a minimum figure. In both membership categories, equitable geographic representation was necessary to address the current imbalance, where four out of five permanent members represented the same civilization.

On the Council's decision-making processes, he said use of the veto should be curtailed. The Council should enhance its working methods, and improve relations with other United Nations organs. These should be formalized and institutionalized. While the Council had begun to improve its working methods, the advances were partial, unpredictable, and implemented only according to the Council's will.

ISAAC E. AYEWAH (Nigeria) said that despite wide-ranging ideas and discussions about Security Council reform, "we seem to be going round in circles". Progress would be possible only if political will existed to make the necessary compromises. The concept of rotational permanent seats for developing countries had not found favour with all Member States, and so the concept should be revisited. It would prove difficult to ascertain appropriate modalities for determining the composition of a "concert of medium powers" rotating as non-permanent members. Further, this proposal would effectively create a third membership category not recognized by the Charter.

He noted the continuing need for improved transparency and greater democratization of the Council's decision-making processes. Permanent membership in the Council conferred a privilege linked with obligations and responsibilities. It was to be hoped, therefore, that those members would cooperate in the reform process. Until the veto was abolished, its use should be confined to issues under Chapter VII of the Charter. Why, he asked, should the selection of the next Secretary-General be subject to the predilections of one or two Member States? Instead, it should be considered in a democratic and transparent manner, so that the support of all Member States was reflected in the selection process. The same principle should be applied to consideration of the admission of new Members.

On the size and composition of the Council, he said the current lack of African representation in the permanent category was an anomaly and deserved urgent correction. Africa had the largest number of Member States in the

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Organization, and comprised almost one-third of the general membership. Africa should have two permanent seats, with the modalities of that representation left with Africa itself.

He said the Council's membership was not consistent with international realities. Urgent collective action was required. The working group should redouble its efforts to come up with concrete proposals addressing Council reform in a holistic manner. With political will it would be possible to reform and restructure the Council to meet the Organization's collective aspirations.

ALEX REYN (Belgium) said reform of the Council would be useful only if it led to efficiency, and restored the Council's legitimacy. Among the guiding issues were that expansion of the Council should take place in both the permanent and non-permanent membership, and there was need for balance. The expanded Council should not contain more than 25 members, and a limit on the use of the veto must be discussed.

Unfortunately, he said, discussions of those issues in recent times had tended to be repetitive. The idea of regional representation would require a more in-depth analysis, to ascertain its advantages and disadvantages.

On the Council's working methods, he said real progress had been made, but the issue of transparency still had to be addressed. After three years of discussion, it was time to move forward on the issue, since the credibility of the entire Organization was now at stake.

RAMON ESCOVAR SALOM (Venezuela) said his country had always advocated modifying the composition of the Council in such a way that took into account the increase in the membership of the United Nations and guaranteed representation of the regional groups, with a more proportional and representative relationship between the Council and the General Assembly. In the absence of consensus on whether the increase in the membership should apply to both categories of membership, which Venezuela favoured, he suggested the possibility of rotating those countries that, although not permanent members, could contribute to the mechanisms of decision-making.

He said Venezuela did not believe that the economic, political or military potential of a country should be factors. Even though there had been no accord on basic aspects, progress had been achieved in the search for transparency. The Council must perfect its procedures. Only reform in all its dimensions would lead to increased legitimacy and efficiency. His country had always believed that the veto should be eliminated; and it should now be used only in cases where the issue was international peace and security. The reform process, he said, must not become an interminable and futile debate that would put at risk the impetus it had gained in recent years.

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JOSEPH CASSAR (Malta) said the lack of progress towards reforming the Council reflected the importance of the issue. While broader representation was necessary, efficiency must be retained and even improved.

Persisting disagreements should not hold the reform process hostage; to this end, temporary "first-step" solutions could be employed. He said expansion could take account of the de facto patterns of service on the Council, reflecting the increased role and contribution of some Member States in the maintenance of peace and security. Italy's proposal was of interest, in that it took note of present realities without creating new categories of membership.

He said the Council's working methods needed to be improved, and its relations with the general membership enhanced, because regardless of any expansion, the vast majority of Member States would not be on the Council. The consultation process should be enhanced and structured so that the Assembly's input would be included in the Council's work.

E.E.E. MTANGO (United Republic of Tanzania) said the intensity of the debate on Council reform reflected its global importance. The end of the cold war and the increase in the Organization's membership made reform a compelling necessity. It must be comprehensive and continuous, with the overriding objective of establishing balanced representation between developed and developing countries. Nowadays the problem of internal conflicts, as well as terrorism, had direct implications for international peace and security; the Council had to be responsive to new problems as well as traditional ones.

He said Africa was currently the most underrepresented region in the Council and should be given highest priority. It deserved at least two permanent members as well as an increase in its non-permanent seats. Council reform was difficult because it involved questioning entrenched political privileges. There should be greater democracy and greater transparency in the Council's decision-making processes. It was a contradiction in terms to see rigidity within the Organization while worldwide the democratization process was being reinvigorated. The veto was undemocratic and irrelevant to the modern age.

Collective security required that the Council be genuinely representative, he continued. The larger part of the membership should be represented in an expanded manner, particularly in the permanent category of membership, so that developing countries could contribute to the process of Council reform from within.

ALYAKSANDR M. SYCHOU (Belarus) said that nearly 80 countries had never participated in the work of the Security Council and 40 had done so only once. The point of reform was to ensure that Member States were not merely informed of Council decisions but felt involved in them.

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He noted approaches for reform that had been proposed: expansion in the category of permanent members, expansion in the category of non-permanent members without any in the ranks of the permanent, and finally, expansion in both categories together. Until a decision had been reached on this, none could be reached on the equally important and related issue of the Council's working methods.

He recalled discussions in the working group, and said that the growth in the membership of the organization in Eastern Europe was significant. There were feelings that in expanding the Council consideration must be given to general equitable geographical distribution so that that region might benefit. He said that while he supported this, the point would have to be developed in a logical way, since reform was possible if it affected all of the Member States.

LUIS VALENCIA (Ecuador) said an increase in both categories of Council membership was necessary. Permanent membership must include one country from each region of the developing world -- Africa, Asia, Latin America and the Caribbean. Ecuador opposed the veto privilege. If an agreement on increasing the membership of both categories were not reached, then an increase in just the non-permanent category should be considered.

It was time to sort through the efforts of the working group for a solution, he continued. An "integrated negotiating package" could be adopted by consensus. Among its elements would be an increase in the number of permanent members on the basis of strong support and an increase in non- permanent membership in such a way as to maintain a balance between permanent and non-permanent, at the same time producing a Council membership that would ensure procedural effectiveness and efficiency. He also suggested a declaration by permanent members committing themselves to restrict the use of the veto, and a review of the package in 15 to 20 years to determine necessary changes.

MOHAMMAD J. SAMHAN AL-NUAIMI (United Arab Emirates) said the principle of equitable geographical representation in the Council and the equality of States should be respected. Until now, the decision-making process was characterised by the practice of consultation and the use of the veto. They had created double standards in the work of the Council and there had been a lack of transparency. Objective criteria must be found for the use of the veto. Reforms were also required in the Council's procedures and practices. The international community should enhance cooperation between the various arms of the United Nations, to ensure their effective participation. The United Arab Emirates hoped that the discussions in the working group would be successful, and a consensus found so that the Council could continue to play its role in the maintenance of peace and security.

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MAJID TAKHT-RAVANCHI (Iran) said the Council must become more representative, more transparent and accountable to the membership as a whole. Establishing a new balance between the Assembly and the Council was vital, and the participation of Member States in the Council's decision-making process must be ensured. The large majority agreed that the veto power must be rationalized and curtailed. The welcome steps taken to reform the Council's working methods must be institutionalized and further initiatives ought to be undertaken.

Unlike the question of reforming the Council's working methods, which had encountered only sporadic opposition by some permanent members, the question of expansion of the Council was much more controversial, he said. Attending first to the increase in the non-permanent membership of the Council was emerging as the idea of how best to manage the dilemma.

ERICH VILCHEZ ASHER (Nicaragua), on behalf of the Central American States, said those countries were small and under-represented in the Council. Today's reality dictated that the developing countries had a right to be represented among both the permanent and non-permanent membership of the Council. Article 23 on the composition of the Council remained valid, as it represented a broad and flexible approach inclusive of the need for equitable geographic distribution.

During the cold war, he said, the conflict between the two powers had an influence on the United Nations. Conflict between the great powers and the demand for privileges showed that the Security Council, being a means of ensuring collective security, had became an organ of power. The expansion of the Council must be based on the principle of sovereign equality of all the Member States of the United Nations, as stated in Article 2 of the Charter. Reform must be the result of political consensus.

POSECI W. BUNE (Fiji) said the issues involved in reforming the Council were at the very heart of the global political power structure. Although Fiji had contributed troops and civilian police to a majority of the Organization's peace-keeping missions, it was denied the opportunity to sit on the Council because of the absence of an equitable rotation system. The South Pacific Forum wished to be recognised as a distinct geopolitical subregion of the Asian Group, in the same way the Caribbean was considered a subregion of the Latin American Regional Group.

Any expansion of the Council should take the new political realities into account, he continued. Both the permanent and non-permanent Council membership should be expanded. Non-permanent membership should be increased to seventeen members as follows: Africa/Asia from the present 5 to 9; Eastern Europe from 1 to 2; Latin America and the Caribbean from 2 to 3; and Western Europe and others from 2 to 3. Equitable representation should be achieved through the adoption by regions and subregions of an equitable rotation

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system. Immediate re-election should be banned. He said Japan and Germany should become permanent members, and consideration should be given to adding one permanent seat each for Africa and Latin America and the Caribbean. For the permanent seats, the principle considerations should be the political, economic and diplomatic weight of the Member State, as well as the criteria in the Charter.

He said the repeated re-election of non-permanent Council members denied the opportunity to others. The veto should be eliminated. As an initial step, given the current realities of international relations, its use should be confined only to measures under Chapter VII of the Charter. If it were used outside the scope of this Chapter, the decision should be subject to the right of appeal by another permanent member to the Assembly for a final decision. The General Assembly's decision on the appeal would be decided on the basis of a two-thirds majority vote. The Council's working methods should be rationalized and made transparent and a new, constructive relationship established between the Council and the Assembly.

NIZAR HAMDOON (Iraq) said expansion of the Security Council should reflect the universal character of the Organization, with increased seats given to the Non-Aligned Movement and developing countries in Asia, Africa, Latin America and the Caribbean. On the reform of working methods, he said the issue was of increasing importance for all United Nations Members, and there had been an unfortunate tendency to focus on expansion at the expense of reform discussions.

He said the veto had been misused and misinterpreted. Some paragraphs of the Charter had been misused by the Council, while other articles, particularly those relating to the peaceful resolution of disputes, had been ignored.

Reform should be oriented towards prohibiting the use of Council "as a tool for a State's foreign policy". The Council should not be allowed to encroach on other United Nations organs. Member States should have the right to question the legitimacy and legality of Council decisions, and non-members given the chance to participate in decisions. This would strengthen the Council's transparency and accountability.

He said the Council should be committed to preventive diplomacy as delineated in Chapter VI of the Charter (entitled "Pacific Settlement of Disputes"), and the limited use of Chapter VII ("Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression"). The use of Chapter VII should be subject to strict controls, to prevent the Council "using procedures to starve people".

FREDERICK O. BERGH (South Africa) said the ambitious agenda before the working group was probably a contributing factor in the limited progress that

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had been made. Another was the positions which some of the five permanent members had adopted on issues other than that of the composition and size of the Council. Citing the response of some permanent members, he said the "near stalemate" had been reached in the face of overwhelming support for reform by the membership of the Organization. The proposals relating to improving the transparency, accountability and legitimacy of the Security Council as put forward by the African Group and the Non-Aligned Movement deserved immediate and thorough consideration.

The permanent members should identify clearly those issues on which they were not prepared to enter into a substantive debate, and favour the working group with an explanation. On the size and composition of an enlarged Council, he noted that various models had been suggested in both categories of membership. Bearing in mind that any increase in the membership of the Security Council should not impair the efficiency and effectiveness of its work, South Africa believed that issues related to appropriate candidates, as well as that of specific numbers, were of secondary importance to the debate at this stage. He would support setting a time-frame for the finalization of the various issues.

FERNANDO GUILLEN (Peru) said the Organization was now discussing increases in membership which would cut into the elite areas of the permanent members. In reality the influence of the Council would be enhanced by those changes. Peru held that a country's contribution to the United Nations was not only seen in political or military considerations. It was also important that the policies of a country seeking Council membership be inherently in tune with the Charter.

An expansion of non-permanent membership would enhance decision-making, he went on. Improvements in working methods could not replace substantive measures relating to increase in the membership of both permanent and non- permanent members: on the veto, he said it was clear that its use had consistently declined. However, he was disappointed that the working group had been notified that the veto was not negotiable.

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