(AGENPARL) – NEW YORK mar 28 giugno 2022

Note:  A complete summary of today’s Security Council open debate will be made available after its conclusion.

Briefings

LORAINE SIEVERS, Director, Security Council Procedure and co-author of The Procedure of the UN Security Council, said the meeting is taking place as geopolitical challenges have created heightened levels of fragmentation within the 15-member organ.  These challenges have placed the Council under intense scrutiny within the Organization and among the media, academic circles, civil society groups and the wider public.  This scrutiny extends not only to the Council’s substantive work, but its methodologies and tools.  The Russian Federation’s invasion of Ukraine, particularly, has led large numbers of people to open the Charter of the United Nations and discover what the Council’s powers actually are.

“All of us should read the Charter more often, and more closely, than we do,” she said.  But, the resulting proposals highlight the fact that today’s Council faces two different problems of transparency.  The first is how much of its proceedings are conducted in a visible, public way, and how much of is conducted in private.  “And it is you, the present Council members, who have full control over how to strike this balance between the public and private,” she said.

The second problem of transparency is an inherited problem, she continued, noting that it stems from the fact that over 76 years, the Council developed a highly complex body of precedent and interpretation regarding applicable Charter articles, as well as procedure.  This complicated context within which the Council functions is largely unknown.  It can mean when the Council is conducting its business in plain view, how it works is often not fully understood, she said, noting that that several of its tools could be beneficially expanded to address the situation.  First, the Informal Working Group on Documentation and Other Procedural Questions, chaired this year by Albania, is a very positive development.  It has decided to begin issuing annual reports, as done by the Council’s other thematic working groups.  The annual report will help bring this wider scope of Council members’ efforts to improve working methods into a wider public view.  She suggested that Council members also consider including in the Informal Working Group reports an indication of any important procedural matters that occur over the year in the Council itself, such as procedural votes or formulation of new agenda items.

Secondly, she supported proposals to make the Council’s monthly programme of work fully comprehensive.  It is now justified to include informal interactive dialogues in the calendar, especially since these are Council events chaired by the president.  Including Arria-formula meetings on the calendar, with a suitable explanation, would give a more accurate picture of how members overall address relevant Council matters.  Another way to throw more light on the organ’s working methods is to give each Council member greater coverage during their end-of-presidency wrap-up session.  Matters of procedure could be given more detailed attention in each monthly presidency assessment.

The Council, she said, cannot succeed on its own.  As pointed out in the “Concluding reflections” chapter of her book, it is important to remember the Council’s end goal is to adopt effective decisions which are effectively implemented.  Effective implementation requires not merely the acquiescence of Member States, but their active engagement.  Although many factors determine the level of Member States’ support for Council decisions, when opacity seems to surround how the Council works, this can add to a sense of mistrust, and even illegitimacy, she noted.  On the other hand, even in divisive times such as these, if the Council is seen as making a good faith effort to give clarity to its working methods, this can help foster a more cooperative partnership with the wider membership.

KARIN LANDGREN, Executive Director of Security Council Report, said the 15-member organ’s working methods may offer some bridging elements in today’s difficult context, when used in ways that boost trust, build knowledge and broaden ownership.  The United Kingdom, a permanent member, and Germany, a then-elected member, set an important precedent in 2019, she recalled, when they co-led the negotiations and drafting on Darfur, and on Libya sanctions, the Committee for which was also chaired by Germany.  Citing similar current initiatives, she underscored that “pen-sharing” among permanent and elected members broadens ownership, builds knowledge and can contribute to more coherent Council strategies for peace, particularly when the “co-pen” is the chair of a relevant subsidiary body or otherwise brings in an added perspective, such as regional expertise.

On boosting trust, she said Council visiting missions offer a chance for members to engage with each other less formally, as well as to be exposed together to facts on the ground.  With a growing focus on the role of regional and subregional organizations in addressing ongoing or emerging conflict within their regions, the Council could prioritize visits to engage with them on conflict prevention.  She added that there are other ways of stepping up engagement with the field:  virtually, such as Council members’ recent encounters with Colombia and Yemen via virtual‑reality headsets and “mini-missions”.  The Council could also adopt a more systematic way of deciding on visiting missions, including by having the Informal Working Group on Documentation and Other Procedural Questions at the start of the year consult and select three possible situations that could benefit from a Council visit, which could then be supplemented by other trips.

Statements

NAME TO COME (Russian Federation) said that, while she was confident the debate will help enrich the Council’s work with new ideas, any changes in working methods are the Council’s decision.  Any reforms must be focused on efforts to genuinely increase the effectiveness of the Council’s primary function, which is maintaining peace and security.  Although the Council adapted well to the new realities of the pandemic, there is no alternative to in-person discussions.  Further, there is no need to institutionalize these temporary methods.  There are substantive problems that cannot avoid a comprehensive discussion.  Individual members are using the Council to expand their narrow agenda.  This trend has changed from a trickle to a flood.  Missions are given functions at times that are not appropriate for them, which, in turn, lead to an increase in mistrust.  Western colleagues frequently shift the discussion to a different track.  Sanctions are implemented and then Governments are forced to prove wrong the reasons made for imposing the sanctions, which can be baseless.  Member States should be finding solutions to complex problems, not provoking the right of the veto.  The veto is a cornerstone of Council architecture, not a working method.  Discussion of Ukraine has become an arena for the circulation of fake topics and propaganda that further divides the Council.  In addition, there has been abuse regarding the position of the delegation or delegations drafting resolutions.  Expanding the number of drafters would help increase the efficiency of the Council’s work, she said.

GERALDINE BYRNE NASON (Ireland), speaking on behalf of the 10 elected members of the Council, said working methods “are not an end in themselves”.  Instead, the elected members seek a more effective Council capable of tackling today’s complex and interlinked threats.  “Let’s be clear:  a more accountable and transparent Council would be better placed to meet its core tasks of preventing and resolving conflicts,” she stressed.  Monthly assessments prepared under the authority of each presidency must be timely and useful for Member States and civil society groups.  Elected members have brough new innovations to the organ’s work, as seen in the 2021 blueprint of the A3+1 [Niger, Kenya, Tunisia, Saint Vincent and the Grenadines] which paved the way for new working methods commitments.  The Council must strike a healthy balance between public and private meetings to enhance the transparency and visibility of its work and encourage more interactivity and consensus-building.

She went on to urge members to build on best practices learned during the COVID-19 pandemic and to integrate a gender lens across their working methods.  In that regard, she called on all presidencies to strive for gender balance and diversity when selecting briefers, adding:  “We must ensure that women are at the table and their voices are heard and heeded.”  The 10 elected members are actively engaging in discussions in the Informal Working Group on Documentation and other procedural matters on a draft presidential note on that issue, under Albania’s leadership.  Noting that targeted sanctions are an important tool — and are critical to the execution of the Council’s mandate — she underscored the importance of accountability and transparency in the work of Sanctions Committees, which must align with international due-process standards; there must be strengthened, fair and clear procedures in sanctions regimes.  In addition, she advocated for clearer and more focused resolutions; more attention to possible adverse humanitarian consequences; and restraint in the use of the veto.

NAME TO COME (United States) said document S/2017/507 and subsequently adopted notes are the product of years of negotiation, and implementing their proposals is simply a question of collective will.  She cited the increased presence of civil society briefers in meetings, with an enhanced gender balance, and that during the pandemic, that the Council has fulfilled its mandate under Article 28 of the Charter of the United Nations to function continuously.  Virtual meetings should therefore be denoted as formal meetings, so they can include the adoption of resolutions.  As a permanent Council Member, the United States calls on 76 years of experience regarding proposals for reform, as many of the Council’s working methods have stood the test of time.  General Assembly resolution A/RES/67/262 mandates that organ should meet every time a veto is cast, and while her delegation was disappointed that its push for increased sanctions was vetoed on the occasion of ballistic missiles launched by the Democratic People’s Republic of Korea, she noted 80 Member States participated in the ensuing debate.  She applauded the behind-the-scenes work of the Security Council Affairs Division, which is the reason the Council presidency transition goes so smoothly.

JAMES KARIUKI (United Kingdom) noted that States have more to do to ensure the Security Council stays effective and efficient.  Noting that the organ is able to solve problems through interactive debate, building consensus and being a responsible penholder, he looked forward to a full return to the consultations room.  He went on to note that the effectiveness of the Council also means focusing on issues of importance to the global membership, and bringing diverse civil society voices to enrich discussion.  It means being responsive to prevent conflict or deter escalation, and discussing issues even if uncomfortable for some, he noted, acknowledging the General Assembly resolution on the use of veto as a welcome step in ensuring transparency and accountability.  He also touched on several global situations, including the aggression against Ukraine and the peace process in Libya and Yemen.  States should do more to ensure the Council is using its time efficiently, he said, not using it “as a platform for propaganda and misinformation”.  “The real challenge for the functioning of the Council is that a permanent member has torn up the UN Charter and invaded a sovereign neighbour […] it will not be adjusting working methods that resolves this, but an end to Russia’s war in Ukraine,” he concluded.

NAME TO COME (Brazil), also speaking for India and endorsing the statement delivered on behalf of the Council’s 10 elected members, underscored the need for fair distribution of responsibilities between elected and permanent members.  Selection of chairs of subsidiary bodies and distribution of the responsibility of drafting texts must be open, transparent, based on exhaustive consultations, and with a more integrated perspective.  “Improving the working methods of the Council will never be enough to correct its fundamental problem, which stems from its lack of representativeness,” he said.  Any debate on the Council’s working methods must have reform, in both size and composition, as its overarching framework.  Calling for a Council where the voices of developing countries and unrepresented regions are heard, he warned against continuing to hide behind the “smokescreen” of the intergovernmental negotiations on that issue, or lip service paid by statements at the General Assembly.  Instead, countries need to commit to expansion in a timebound manner through text-based negotiations.  “We ask those blocking progress on this vital issue to heed the calls for genuine reform, and contribute to making this Council truly fit for purpose for the twenty-first century,” he added.

Statement by China to come.

SHERAZ GASRI (France) spotlighted the annual report shows that shows the Council held 240 public meetings and 124 consultation meetings in 2021.  While public meetings are useful, the Council must preserve sufficient space for confidential discussions and negotiations, as they allow Member States to move the lines and reach compromises.  The Council should spend less time reiterating well‑known positions and more time negotiating, as the juxtaposition of 15 national positions is not the objective.  The Council is, above all, an executive organ and not a talking-shop, she said.  Stressing the importance of a spirit of responsibility and compromise, she noted the Council has been used repeatedly in recent months as a disinformation platform, which dangerously weakens its authority.  This must end.  Demonstrating responsibility also means not blocking Secretary-General appointment proposals without justification, particularly regarding the Panels of Experts of the Sanctions Committees.  The threat of using the veto left, right and centre as a bargaining tool is unacceptable, as an all-or-nothing approach leads to paralysis and collective failure.  In that respect, she highlighted the initiative France is carrying out with Mexico which proposes the voluntary and collective suspension of the veto in the event of mass atrocities.  This initiative already is supported by 106 Member States, she said, calling on all Member States and in particular the permanent members to join it.

NAME TO COME (Ecuador), aligning himself with Switzerland and the Accountability, Coherence and Transparency Group, said a comprehensive review of the working methods is a key issue to ensure the Council’s work is improved.  It is not a reform of the Charter of the United Nations, but its implementation.  He said that there is a need to look at the flow of procedures between the Council and the rest of the organs of the system; the relationship between the permanent members of the Council and the elected members and other Member States; and the relationship between the Council and the Assembly.  Regarding the annual report’s working methods, he said it should have solid statistics and not just general information.  It should have comprehensive information, sensitive items should not be overlooked and secret diplomacy should not be institutionalized.

PASCALE BAERISWYL (Switzerland), speaking for the Accountability, Coherence and Transparency Group, said that the comprehensive digital Programme of Work promoted by Norway and others — making the Council’s work more accessible for the wider United Nations membership — should become a permanent feature.  Use of virtual briefings, including databased presentations, visualization and/or augmented reality, should be explored, along with the codification of best practices adopted during the COVID-19 pandemic.  This would aim at “future-proofing” the Council against the risks of other crises or major disruptions.  In addition, Member States directly affected by Council decisions should be able to engage through timely and adequate channels, based on Rule 37.  The Council should also continue visiting missions and debriefing the wider membership upon return.  As Article 27 of the Charter of the United Nations limits the participation of members who are directly involved in a dispute in decisions relating to their peaceful settlement, it is crucial to continue investing in creative ways to restore and expand space for dialogue among Council members.  She called on all Member States to join the Group’s Code of Conduct and to support Council action against genocide, crimes against humanity and war crimes.

OLIVIER MAES (Luxembourg), also speaking for Belgium and the Netherlands, voiced regret over the impasse at which the Council finds itself in such cases as Syria, the Occupied Palestinian Territory, Ukraine and Afghanistan.  “In view of the multiple challenges we face, it is crucial to strengthen cooperation between the Security Council and the General Assembly, as well as the Peacebuilding Commission and regional organizations,” he said, spotlighting the need for more transparency and accountability.  He strongly encouraged the Council to ensure the inclusion of all Member States and all relevant stakeholders — especially civil society members — in all meetings, and to resume the practice of field visits in order to gain a direct understanding of the dynamics on the ground.  It is also crucial to strengthen the Council’s institutional memory by incorporating lessons learned during the COVID-19 pandemic, with the aim of strengthening agility and better anticipating future challenges.  He also called on all Member States to adhere to the Code of Conduct for Security Council Action against Genocide, Crimes against Humanity and of War, as well as the French-Mexican initiative against the use of veto in the event of mass atrocities.

NAME TO COME (Guatemala), speaking as a former non-permanent Council member in 2012-2013, he said that there remains room for improvement in its working methods.  While an increase in open meetings allows the participation of non‑members, he called for more meetings with the Peacebuilding Commission.  Noting the Council in the past has decided on the chairs of subsidiary bodies in a balanced and inclusive manner, he expressed hope that trend will be strengthen and that appointment of various groups of experts will be conducted with as much geographical representation as possible.  Frequent consultations among the Council, Secretariat and troop- and police-contributing countries are crucial, as they improve the Council’s capacity to take appropriate decisions and thus fulfil its responsibilities.  Note 507 (document S/2017/507) has strengthened many previous decisions on working methods and it should continue to provide practical guidance.  He further called for the Council to record in meetings records whenever a permanent Member casts the veto.  The best way to showcase the representative character of the Council is to strengthen its rules for accountability and transparency.

MAJID TAKHT RAVANCHI (Iran) called for the Council’s reform and evolution into a fully transparent, rule-based and accountable organ.  So far, those efforts have fallen short; they must be accelerated.  Stressing that the organ must adhere to the purposes and principles of the United Nations in all its decision-making procedures, he said it should refrain from adopting ultra vires decisions that contravene the Charter or considering circumstances that do not pose a threat to international peace and security, as well as issues pertaining to the domestic affairs of States.  Members must also assess the effectiveness of sanctions and their humanitarian repercussions at various stages of conflict and suspend or lift them as needed, he said, citing their serious impact on civilians, especially during the COVID-19 pandemic.  In the face of serious and increasingly complex global challenges, the Council must practise and uphold true multilateralism, which means resolving issues through collaboration.  The organ’s authority and powers have been repeatedly abused by certain States, who, in pursuit of their short-sighted political objectives, use the Council as a tool with which to exert pressure.  “Such conduct not only breaches the Charter and fundamental principles of international law, but also demonstrates disrespect for the Council’s authority and powers, jeopardizing its integrity and efficiency,” he warned.

Statement by Denmark to come.

NAME TO COME (Republic of Korea) said the Council’s adaptation during the pandemic let the organ look critically at its working methods.  There needs to be greater transparency and effectiveness in its work, he said, adding that he supported efforts to limit the veto power, which creates impediments in the Council’s ability to carry out its work.  The General Assembly resolution adopted in April is an example of an effective effort to limit the use of the veto.  This helps make the Council more accountable to the membership.  In addition, there needs to be a more equitable division of labour among all 15 members.  Greater participation of other members during the drafting process would let the Council benefit from the inputs of all members.  The Council also needs to strengthen engagement with other United Nations bodies, he said.

NAME TO COME (Poland) pointed out that the rules-based international order continues to be attacked these days.  The Security Council is often stuck in a deadlock, making it unable to carry out its primary responsibility to maintain international peace and security properly, as seen in the aggression against Ukraine.  “We need the Security Council that is worthy of its name.  It has to be flexible, fit for purpose and able to swiftly respond to global crises,” he stressed.  Further change is needed to ensure the possibility of more equal division of the responsibility of the sponsor or co-sponsors of resolutions.  Also highlighting the key role of elected members in the Council’s decision-making, he noted that the organ is more transparent and effective with their active engagement, advocating for strengthening the position of the 10 elected officials in the Council.  Expressing concern about the increase of the use of veto, he noted that too often it has incapacitated the Council.  Not only do vetoes hamper the efficiency of the United Nations system, but they also undermine its credibility in the eyes of international public opinion, he stressed.  Therefore, he welcomed the new practice of convening a General Assembly plenary meeting after the use of a veto in the Security Council.

KIMIHIRO ISHIKANE (Japan) noted that, for the first time in three years, non-Council members were able to participate in this debate in-person.  While the physical constraints due to the pandemic was one important factor, he pointed to the growing divisions among the members as another, which led to the adoption of the General Assembly resolution on the “Veto Initiative”.  He also commended the flexibility and ingenuity of the Council in developing new tools and practices under unprecedented circumstances of COVID-19.  Noting that his country will once again serve as a non-permanent member of the Council beginning in 2023, he also spotlighted the initiatives utilizing new technologies such as visual aid, which are similarly significant developments in the Council’s working methods.  He also affirmed his delegation’s intention to engage in efforts to further improve the working methods under Albania, which holds the current Informal Working Group Chair, in close cooperation with other Council members, permanent and elected alike, while heeding the views of the wider United Nations membership in good faith.

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Fonte/Source: https://www.un.org/press/en/2022/sc14950.doc.htm