Change the World Model United Nations Barcelona 2019 - Security Council B "The reform of the Security Council" - CWMUN
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Change the World Model United Nations Barcelona 2019 Security Council B “The reform of the Security Council”
PLEASE NOTE that in this Guide all expressions written in blue and underlined are active links to websites and documents. You are encouraged to explore them. Index What is this activity about pag. 3 What should you do now pag. 3 What will you do during the simulation pag. 3 What is a resolution pag. 3 What to know about the Security Council pag. 4 Countries to know and how to get prepared for the topic pag. 5 The reform of the Security Council pag. 6 Reasons to reform the Security Council pag. 6 Attempts to reform the Security Council pag. 7 The current debate about the UNSC reform: main issues pag. 9 Size of an enlarged SC pag. 9 Categories of membership pag. 9 Regional representation pag. 11 Veto pag. 11 The SC’s working methods pag. 12 Relation between SC and General Assembly pag. 13 Role of the EU in the Security Council pag. 13 Is a reform of the SC necessary and possible pag. 13 Conclusion pag. 13 Bibliography and suggested readings pag. 15 2
What is this activity about? Draft resolutions will be checked and possibly edited by Chair and Director to conform to all Model United Nations is a role-playing game. formal requirements. Eventually, Coalitions Your task is to impersonate a diplomat of the will present their draft resolutions to the assigned State and present the perspective of whole Committee. Other Delegates will this State’s current government (and public debate and possibly amend the draft opinion) on the following topic: “The reform resolutions, and then vote for or against. The of the Security Council”. scope for the Committee as a whole is to produce a resolution on at least one topic What should you do now? from the agenda. The order of topics might change: you must be ready to work on all of Before the Simulation, you should write down them! and bring with you: What is a resolution? -The Position Paper, a two-page long document presenting the policy of your State Resolution is a very specific document, build on topic. of Preamble and Main body, expressing the will of a particular UN Committee agreed upon -Handbook, a collection of relevant UN by its Member States. resolutions, reports, academic studies, and news from reliable media. Resolutions are central to the UN and thus MUN gives all participants the opportunity to -Some topics for Moderated Caucus debates, understand the process of creating them. i.e. for short formal debates which should Please seize this opportunity and prepare in cover narrow aspects of each topic. advance at least one or two paragraphs per each topic! -Ideas for the Resolution, i.e. at least two or three paragraphs that your State would like to The UN Security Council (SC) can produce include in the preamble and/or in the main binding resolutions, which means that they body of the Resolution. Sample resolution: are mandatory for all States to comply. These S/RES/2231 (2015) resolutions are based upon the power conferred to the SC by Chapter VII of the UN -You should also learn Rules of procedure. charter in cases where a threat to international peace and security is present. What will you do during the Simulation? There are two forms of actions that the Council can take: “measures not involving the In Moderated Caucus you will hold short use of armed force” (such as economic formal debates (usually 10-15 minutes long) sanctions, embargoes of arms and goods, a on details of each topic. Delegates will present breakup of diplomatic ties, etc), and the policy and solutions of the represented “measures involving the use of armed force”. States in very short (usually one minute) speeches. In Unmoderated Caucus, you will walk around the room freely and informally engage with other Delegates to agree on your policies and solutions, and to write draft resolutions together as a Coalition. 3
What to know about the Security and establish a calm in which peaceful Council? settlements may be sought. Mandate: Beyond this, the Council may opt for enforcement measures, including: The UN Charter established six main organs of the United Nations, including the Security economic sanctions, arms embargoes, Council. It gives primary responsibility for financial penalties and restrictions, maintaining international peace and security and travel bans; to the Security Council, which may meet severance of diplomatic relations; whenever peace is threatened. blockade; or even collective military action. All members of the United Nations agree to accept and carry out the decisions of the A chief concern is to focus action on those Security Council. While other organs of the responsible for the policies or practices United Nations make recommendations to condemned by the international community, member states, only the Security Council has while minimizing the impact of the measures the power to make decisions that member taken on other parts of the population and states are then obligated to implement under economy. the Charter. Organization: Maintaining Peace and Security: The Security Council held its first session on 17 When a complaint concerning a threat to January 1946 at Church House, Westminster, peace is brought before it, the Council’s first London. Since its first meeting, the Security action is usually to recommend that the Council has taken permanent residence at the parties try to reach agreement by peaceful United Nations Headquarters in New York means. The Council may: City. set forth principles for such an agreement; undertake investigation and mediation, in some cases; dispatch a mission; appoint special envoys; or request the Secretary-General to use his good offices to achieve a pacific settlement of the dispute. Figure 1: First Session of the United Nations Security Council in London, United Kingdom When a dispute leads to hostilities, the on 17 January 1946. Credit: UN Council’s primary concern is to bring them to Photo/Marcel Bolomey. an end as soon as possible. In that case, the Council may: issue ceasefire directives that can help prevent an escalation of the conflict; dispatch military observers or a peacekeeping force to help reduce tensions, separate opposing forces 4
Countries to know and how to get States listed here! Consider that at the United prepared for the topic Nations, States generally lean towards their own geopolitical blocks: Western, Former The Security Council is composed of 15 Soviet, African, Middle Eastern, Asian, Latin Members: American… Consider also organizations such as the European Union (EU), African Union, five permanent members: China, Arab League, Association of Southeast Asian France, Russian Federation, the United Nations (ASEAN), The Union of South Kingdom, and the United States, American Nations (USAN), etc. and ten non-permanent members elected for two-year terms by the REMEMBER! General Assembly (with end of term date): Your task is to present the official position of o Bolivia (2018) your assigned state. Misrepresenting this o Côte d’Ivoire (2019) position and/or representing your private o Equatorial Guinea (2019) views is against the rules, even if you do not o Ethiopia (2018) agree with your State’s position. In any case, o Kazakhstan (2018) you must not hyperbolize nor satirize the o Kuwait (2019) position of your State. Humor, and especially o Netherlands (2018) sarcasm, is generally not typical for formal o Peru (2019) writing nor formal debates. Although MUN o Poland (2019) welcomes wit and smart puns, please always o Sweden (2018) be extremely considerate when using humor. People to follow Karen Pierce: UK Ambassador and Permanent Representative to the United Nations Ma Zhaoxu: PRC Ambassador and Permanent Representative to the United Nations. François Delattre: France Ambassador and Permanent Representative to the United Nations. Learn about your State from the CIA World Nebenzia Vassily Alekseevich: Russia Factbook, from the official website of your State’s permanent mission to the United Ambassador and Permanent Representative Nations, and from other government websites to the United Nations. (for example the website and social media profiles of the Royal Family or President, Prime Minister, Ministry of Foreign Affairs...) Make sure to know as much as possible about the foreign relations of your State with all 5
The reform of the Security Council The international organizations are likely to the organ that has the responsibility to last over the years. The fact that the maintain international peace and security. international organizations have a long duration exposes them to face many different Reasons to reform the Security Council situations that quickly change under a The main reasons for reforming the Security political, social, and economical point of view. Council are: The situation since the institution of the UN Security Council in 1945 deeply change. It is 1.The birth of the new States and the radical due to remember one main fact: the fall of the change of the international situation: Berlin wall in 1989 facilitated a greater during the UN Conference of San Francisco intensity of the international relations. (April 1945) only 50 States signed the Charted The end of the Cold War after the fall of the of the UN. Today, the number of UN members URSS in 1991 completely altered the world’s has increased involving also African and Asian power structure. In this environment of countries. geopolitical transformations, a reexamination of the structure and the composition of the 2.The greater role of the SC after the Cold War: UN Security Council is needed. during the Cold War, the SC was mostly the place where the two main superpowers (USA The modern international scenario is and URSS) confronted themselves. However, profoundly changed compared to the one after the fall of the Berlin wall its role deeply emerged after the Second World War. The changed: it stopped to be a paralyzed tool and complex and increasing threats to the instead it became the place where practical international stability and security led to an decisions are made. urgent need of reorganize a crucial institution such as the UN. In particular, we will pay 3.The SC’s role as a legislator: attention to reform of the Security Council, The Art. 25 of the Charter assign to the SC the power to take decisions on measures to be 6
accomplished by member States including from 6 to 10 and the number of ECOSOC mandatory sanctions. members has been doubled. The reform of the SC continued in 1974 and a 4.The new menaces that the world and, in special committee (Special Committee for the particular, the SC is facing are, for instance, United Nations Charter and for strengthening international terrorism, cyber terrorism, the role of the Organization) was created. nuclear proliferation and so on. In 1993 the question of SC reform became of the highest importance and the GA (General 5. The use of force by States: according to Assembly) passed Resolution 48/267. Article 51 of the Charter, States can use armed This resolution determined the “Open-ended force only in self –defense so only after an working group on the question of equitable armed attack has happened. representation and increase in the membership of the Security Council and other Security Council matters”. The first topic to address was surely the number of permanent members. A group of countries led by Germany pressed for a resolution to increase the number of permanent countries. These requests were immediately defeated by those countries who would have been excluded from the Council. Kofi Annan, the new Secretary General (SG) was aiming at a more general UN reform. For this reason, he published the “High Level Figure 2: Everyone stands to approve the Charter. San Panel (HLP) on Threats, Challenges and Francisco Conference, April 194, History central. Change” that is a list of 16 eminent persons Attempts to reform the Security Council nominated to study current threats to international security. For what concerns the The very first attempts to change the voting SC reform, the HLP did not come up to an process and the composition of the SC date agreement and so it pointed out two ways to back to 1950 after Argentina and Cuba’s expand SC membership. request to discuss the right of veto. The two different models had in common the It could have been done during the tenth idea that the total number of SC members anniversary of the UN, since Article 109 should have been 24. forecasted a Review Conference at that point. Here are the two models: Nevertheless, in 1955 there have been no 1. Model A pictured 6 new permanent changes. members with no power of veto and 3 Certainly, setting a Review Conference during more two-year non-permanent seats; the Cold War would have been a failure. 2. Model B opted for no new permanent So, the only reform of the SC took place in seats but for 8 four-year renewable 1963: the number of the non-permanent members of the Council has been increased 7
seats and one new two- year non- Italy and other countries composed the permanent seat. “Uniting for Consensus” (UfC) proposal. They were aiming for 10 new non- permanent members, with the possibility of immediate reelection after they mandate expired. Nonetheless, no proposal was put to the vote. The following years marked an impasse for the Open- ended Working Group until 2008, when it was decided to discuss the SC reform in an informal plenary of the GA (GA Resolution 62/557 2008). This decision gave authority to Ambassador Zahir Tanin (Afghanistan) to preside over the intergovernmental negotiations. The summary that he submitted presented 5 Figure 3: Security Council Reform. Source: WebPublicaPress issues that had been marked as necessary for Online Magazine. a real SC reform: categories of membership, It was also suggested to review the situation veto, regional representation, size and in 2020. working methods of the SC, and relations After the HLP report, the Secretary General between SC and GA. Report named “In Larger Freedom – Towards Development, Security and Human Rights for All” followed and it proposed a change in the UN structure. According to the report, the Un should have been structured around three councils: Security Council, ECOSOC, and the Human Rights Council. For what concerns the composition of the SC, the Secretary General supported the HLP’s two models. The 2005 General Assembly summit did not take any stance on the SC reform. At the end of 2005, these were the positions: The G4 (Brazil, Germany, India and Japan) negotiated a draft Resolution directed to increase the number of the members of the SC to 25: 6 permanent members, with possibility of veto after 15 years, and 4 non- permanent members; The African Union wanted the total number to Figure 4. Source ETH ZURICH Center for be 26, i.e. adding 6 permanent members and Security Studies. 5 non- permanent; 8
This new series of negotiations did not lead to Categories of membership any real change in the positions presented and discussed in the past years. It seems that the The question of categories is by far the most on- going work on the SC reform presents no crucial issue. An enlargement of the Council hope (so far) of reaching a decisive conclusion. has been accepted by all counterparts but proposals range from “low twenties” to “mid- The current debate about the UNSC twenties”. Expansion of both permanent and reform: main issues non-permanent categories should be as follows, according to these States: • African group: 2 permanent and 5 non- permanent seats to African States, selected by the African Union • G4: 6 permanent (2 for African States, 2 for Asian States, 1 for Latin America and Caribbean, 1 for Western Europe and other States) and 4 non-permanent seats (1 African, 1 Asian, 1 Eastern European, 1 Latin American or Caribbean) • France and UK: permanent seats to Brazil, Germany, India and Japan along with representation of Africa; Figure 5. Source : Ministerio de Relaciones Exteriores y Culto, República de Argentina. • Slovenia: 6 permanent (2 for Africa, 2 for Asia, 1 for Latin America and Caribbean, 1 for Size of an enlarged SC Western Europe and other States) and 4 non- In general, there is an agreement on the fact permanent. that the SC needs to be enlarged. This are the options concerning the The four new non-permanent seats, added to expansion: the existing number of non-permanent A. Five-to-seven non-permanent members, would increase the number of non- members or a mix of permanent and permanent seats to 14. These 14 seats should non-permanent); be divided into 2 groups: a group of 6 seats B. Six permanent members and four non- with more frequent rotation, eligible for re- permanent); election every second two-year term over a C. A wider geographical representation period of twelve years, with the other 8 seats would include Africa, Latin America following the existing rules. and small islands. 9
Some of the same State, as well as others, 2. Russia did not specify its idea of an interim have also conceived a different solution, by model but underlined in its nonpaper of 2 expanding only the non-permanent category: March 2010 that “so far none of the existing models of reforming the Council enjoys • Italy and Colombia: longer-term seats prevailing support in the UN”; this ran counter allocated to the regional groups (Africa, Asia, to the commonly held idea of an Asia/Africa on a rotating basis, Group of Latin overwhelming majority in favour of the G4 American and Caribbean States, Western proposal. European and Others Group/Eastern European Group on a rotating basis). Regular 3. The US favoured a limited expansion of non-permanent seats for a two-year term, both permanent and non-permanent without the possibility of immediate re- members. New permanent members should election, for the following groups: small States be identified by name (country-specific). Only (population below 1 million), medium-size the current permanent members should have States (population between 1 million and 10 the right of veto. million), Africa, Asia, Group of Latin American and Caribbean States, Eastern European 4. China is for increasing the number of SC Group. They proposed 2 options for the members with priority for developing duration of longer-term seats: a) from 3 to 5 countries, especially African ones. In its years without the possibility of immediate re- Statement of 6 October 2009, however, China election, or b) 2-year term with the possibility did not specify the number or categories of of up to 2 immediate re-elections. new members and was silent on the right of veto. • The UfC re-proposed the 2005 document but declared that it backed the Italo 5. Germany clarified its idea of an Colombian proposal. intermediate solution. Like the UK and France, Germany states firmly that this kind of • The UK, France, Russia, Germany, solution “must be constructed in such a Liechtenstein and the Republic of Korea fashion as to pave the way for an expansion of underlined the need for an intermediate both categories”, allowing member States to solution in order to bypass the stall in the make the transition to a permanent expansion negotiations. of both categories at the review conference, However, different proposals were submitted in no less than fifteen years. within this framework: 1. UK and France: creation of a new category 1) Liechtenstein’s document contains of seats with a longer mandate than that of some new points. It envisages the currently elected members. On completion of creation of a new category of seats with this intermediate period a review should take a longer mandate of 8/10 years with the place to “convert these new seats into possibility of re-election (2 for Africa, 2 permanent seats”; for Asia, 1 for Latin America and Caribbean, 1 for Western Europe and Other States). After 16/20 years a review 10
conference should take place, where the every intervention made, these seats would member States would have the not imply a regional representation that, in possibility of converting these seats into their opinion, would not fit the outstanding permanent ones. principle of sovereign equality among States. Regional representation However, this interpretation of “regional representation” is rejected by permanent During the negotiations, when countries members, namely the US and Russia, which address the issue of regional representation only envisage “country-specific” admissions they mainly tend to refer to “geographical to the Security Council. representation”, following Article 23.1 of the Charter which endorses the criterion of During these last rounds of negotiations, Italy equitable geographical distribution. As a did not renew its proposal for a European result, when additional member States are Union (EU) seat. However, both Italy and proposed in the models proposed by Portugal underlined the great change affected negotiators, countries are divided into blocks by the entry into force of the Lisbon Treaty. In like “African States”, “Asian States”, “Latin the opinion of both countries this new reality American and Caribbean States”, “Western should be translated “in the manner in which European States”, or “Group of Eastern the EU interacts with the Security Council”, European States”. These blocks reflect a mere and according to Italy must be taken into geographical distribution of the seats and do account in any further development of the not imply that a given country could represent SC’s reform. Even Germany, while anyone other than itself. campaigning for its own permanent seat, has stated that the final goal would be the It should be noted that the League of Arab creation of a European seat. States claims a permanent “Arab representation” in any future expansion. Veto Differing from the League of Arab States, the The question of the veto remains one of the Organisation of the Islamic Conference dividing issues that continues to stall the proposes an “adequate representation of reform process. In principle, all the other major civilisations”, including the Islamic countries seem to be keen to abolish this tool, Ummah, in any membership categories in an which is broadly considered an unjust and expanded Security Council, so as to improve undemocratic legacy of the past. In practice, the dialogue among civilisations. this aspect of the reform is more closely linked to the outcome of the question of the The African Union, stressing the historical Council’s enlargement. The G4 is campaigning injustice suffered by the African continent, to enlarge both categories of members and to claims two permanent seats and five non- equip the new permanent members with the permanent, retaining for itself the right to same prerogatives as the P5. However, this appoint countries from among its members. group is no longer a block and some countries As the African countries underline in almost are more likely to compromise. While India and Brazil strongly reaffirm their right to be 11
fully accepted into the control room as constitutes a serious violation of human rights booming emerging countries, Japan and law are indeed divergent. Germany are more prudent. The situation of these two countries is greatly different from The P5 are adamant that the standing fifteen years ago, when the Security Council’ s prerogatives of the existing permanent reform negotiations started, and they no members must not be changed by the reform. longer seem like fully fledged candidates for permanent seats. As a result, Germany and Russia has underlined that only when, and if, Japan seem keener to compromise on a the new composition of the Council is number of issues, including the right of veto decided, then the question of the veto can be to new permanent members. The African discussed. group states that African countries back the total abolition of the veto. However, if the The SC’s working methods power of veto outlives the reform and other The subject of the “working method issue” is countries join the group of permanent a very important one. Many countries have members, they must be invested with all the managed to come to a conclusion about it, responsibilities and tools that being a while countries like Russia are discouraging permanent member entail. Given that the the negotiators from addressing the issue. African group is asking for two permanent However, an early partial reform has been seats, it goes without saying that it wants drafted. these permanent seats to have the power of veto. The points for a wide reform of the Security Council’s working methods have been listed in In its latest proposal, the UfC does not the Note by the President of the Security envisage the possibility of enlarging the Council on the “perception of the permanent category. It does, however, care transparency, efficiency and inclusiveness” of about the veto question, and has presented the Security Council’s activity. two possible options: the complete abolition First of all, dialogue with SC non-members of, or limitations to the scope of the veto, i.e. should be improved, such as the cooperation allowing the use of the veto only on Chapter with regional and sub-regional Organizations. VII matters. However, the UfC does not intend This could be done by enforce Articles 31 and to tackle these issues separately since a 32 of the Charter and by making sure that comprehensive reform is needed. these countries participate in the public and private meetings of the Council. The Small Five (S5: Costa Rica, Jordan, The Italian- Colombian proposal advanced in Liechtenstein, Switzerland, Singapore) are not April 2009 asked for better access to interested in Council enlargement. As regards information for non- Council members. the power of veto, the S5 urge the permanent This subject has been recently addressed by members to refrain from using the veto in Japan’s new engagement on this matter. cases of genocide, crimes against humanity The Us intervention mainly focused on and mass violations of international conveying the improvements already made humanitarian law. But the definitions of what with respect to transparency and efficiency. 12
Relations between SC and General Assembly pursued, but only if the unification process brings to the rise of a federal State. During the debate on the latest Report on Security Council activity, all the States harshly Is a reform of the SC necessary and possible? criticised the report’s failure, in its traditional format, to serve the purpose of The reasons why a reform of the Security accountability. These reports are a mere Council is necessary have been its lack of description of what has been done and lack a democracy, its insufficient geographical full political analysis of the work of the representation, its lack of legitimacy, and its Council. As many countries stated, the poor representation of the international importance of the SC’s report to the GA on its community if compared with its increased work is demonstrated by the fact that the UN powers. Charter devotes a specific article to it. Consultations between the two organs should Even if it is easy to find reasons why a reform be strengthened by scheduling regular and is needed, it is not that easy to understand the formalized meetings between their possible reasons that militate against it. Chairpersons with a view to sharing One of these reasons could be the fact that a information and improving cooperation. Once less wide SC will surely be more efficient, again, while divergences between negotiators especially when important decisions must be have been ironed out, Russia admonished all taken involving a long process of creeping “attempts to redistribute the powers consultations. But, on the other hand, the of the main bodies of the organizations to the reality proves that also a small SC could lack in advantage of the General Assembly, efficiency. compromising the prerogatives of the Security Council”. It seems an endless work! A new The reason why this issue continues to come round of negotiations started on 2 June 2010 up is probably because the reasons against a on the basis of a document released on 10 SC reform have been outweighed by the May and prepared by Ambassador Tanin reasons in favor. according to positions and proposals submitted by member States. Whether the reform is possible or not is difficult to say. Some reforms must involve a Role of the EU in the Security Council modification of the Charter, some others could be achieved by a day-to- day practice. Is EU membership of the Security Council legally possible? The answer is no because an In general, the conclusion is quite pessimistic entity must be a member of the UN to be also considering that there are some Countries a member of the SC. that have no interest in making the In addition to that, the EU, like other reformation process faster. international Organizations, already had a legal personality. For example, EU has been subject of international agreements and international responsibility. This is why EU membership could be set as a goal to be 13
Conclusion Now that you have read all about the topic, it is time to ask yourself some questions to A broad consensus exists on the fact that a structure a proper argument. reform is needed. Many are the obstacles to the reform, but the real problem is the Is my Country part of the Security definition of its scope and the substance of its Council? action. Another point is how this reform might Which have been the positions of be achieved. my Country about the reform of It seems that the majority of UN members the Security Council? agree on the fact that the SC should be Why is the entry of my Country in enlarged. This is a topic that should be taken the Security Council a problem? in major consideration. A SC that counts Which could be the strong points members seems a realistic explanation. that may have a leverage on the The right of veto seems to be a controversial admission of my Country to the issue. The question is still if there will ever be Security Council? new SC’s members with the right of veto. Is your Country part of the Security There are still contrasts about the duration of Council? If so, which are the non-permanent seats and there are threats of an enlargement of the differences of opinion on the category of the Security Council? new seats (permanent or non-permanent). It is a very complicated situation, but a better We suggest continuing your research understanding of it will always help the operating with a wide range of sources in discussion. order to better understand both the position of your country about the topic and the topic itself. A useful bibliography is shown below, this will help your research. Good luck and, most importantly, have fun! 14
Bibliography and suggested readings Giannini, L., La riforma del Consiglio di Sicurezza dell’ONU, Istituto di ricerche internazionali Archivio Disarmo, http://www.archiviodisarmo.it/index.php/en/publications/magazine/magazine/finish/61/117 Pangburn, A., Stein, S., The State of Security Council Reform, SSRC Conflict Prevention and Peace Forum, 2015, https://s3.amazonaws.com/ssrc- cdn1/crmuploads/new_publication_3/%7B1054B45E-F7DD-E411-940A-005056AB4B80%7D.pdf Background on Security Council Reform, Global Policy Forum, https://www.globalpolicy.org/security-council/security-council-reform/49885.html?itemid=1321 Charter of the United Nations, Chapter V, Article 31, http://legal.un.org/repertory/art31.shtml Consiglio di Sicurezza ONU- Riforma. La riforma del Consiglio di sicurezza dipende dagli Stati Membri, UNRIC, https://www.unric.org/it/attualita/27141-consiglio-di-sicurezza-onu-riforma La Riforma del Consiglio di Sicurezza delle Nazioni Unite e le priorità italiane, Ministero degli Affari Esteri e della Cooperazione Internazionale, https://www.esteri.it/mae/it/politica_estera/organizzazioni_internazionali/onu/la_riforma.html Websites UNSC Resolutions, http://www.un.org/en/sc/documents/resolutions/ Italian Institute for International Political Studies: https://www.ispionline.it/ Authors: Francesco Ancona, Eleonora Piergallini Editor: Riccardo Stifani Property of Change the World 15
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