Meeting of the Inter-Governmental Negotiations on Security Council reform on “Relationship between the Security Council and the General Assembly”
(03 February 2016)

Statement by Dr. Maleeha Lodhi, Ambassador and Permanent Representative of Pakistan to the United Nations, New York

Madam Chair,

Let me congratulate you on your appointment as the new Chairperson of the Inter-Governmental Negotiations (IGN) on Security Council reform. This process will benefit from your professionalism. We assure you of our continued cooperation in fulfilling your responsibilities.

We welcome your initiative to convene today’s debate on one of the five key issues of Security Council reform.

Pakistan fully supports the statement delivered by Ambassador Cardi of Italy on behalf of the UfC.

As this is the first meeting of this year’s IGN, we reaffirm our commitment to achieving comprehensive reform aimed at making the Security Council more representative, accountable, transparent and effective. We must start by learning from the history of this process so as to avoid past mistakes. Our goal should be a reform that enjoys the widest possible political acceptance and this can only be achieved through genuine flexibility and a fair compromise.

I would also like to stress that addressing the inter-linkages between the five key issues, as provided in Decision 62/557, are critical to making progress. We note that you have acknowledged this imperative in your first letter to the membership. The proposals being offered today also need to be viewed from the same perspective, as we believe that the rationales underlying the proposals of Member States should be consistent with proposals made in other key issues of reform.

Madam Chair,

We must pause for a moment to view this august body from the perspective of the general public across the world. In their eyes, the UN is struggling, in the face of complex challenges, to be relevant and effective in dealing with its core mandate – the maintenance of international peace and security. The UN must deal with what is widely perceived as an erosion of its moral legitimacy. This can be addressed in large part if the Security Council, in its decision-making, takes into account the collective voice and wisdom of the General Assembly – as envisaged in the UN Charter.

The General Assembly’s resolution on the appointment of the Secretary General is an encouraging example of how the two principal organs of the UN should interact. Such examples should be the norm rather than exception.

Madam Chair,

The UN Charter envisages a relationship of synergy between the Security Council and the General Assembly, based on the concepts of responsibility, transparency and, above all, accountability.

While the primary responsibility for the maintenance of international peace and security rests with the Security Council (Article 24.1), the General Assembly is not divested of this responsibility (Article 10 and 11). If the Council requests, the General Assembly can also make recommendations on issues of international peace and security (Article 12.1). The fact is that the Charter requires the Council to “act on behalf of the General Assembly” (Article 24.1).

We must understand what “acting on behalf of someone” means. Can any of us ask someone to act on our behalf without being transparent and accountable to us? Certainly not; hence the Charter provisions for making the Council transparent and most of its membership accountable to the General Assembly (Article 23).

The purpose of submission of annual and special reports by the Security Council to the General Assembly is not for provision of “information”; it is for “consideration” (Article 15 and 24.3). There is a difference between the two. Recognition of this difference will be the first step in the right direction.

The General Assembly has much to contribute to the work of the Council. Its members are the main contributors to peacekeeping missions mandated by the Council. And the resolutions and declarations of the Assembly carry legal weight in customary international law, as many of them form the basis of binding treaties and conventions. An important example is the Universal Declaration of Human Rights. Taking into account the collective interest of all Member States– large, medium-sized and small, will surely enhance the legitimacy and effectiveness of the Council.

Madam Chair,

The notions of responsibility and transparency should determine how the two bodies should interact. But if we are to truly energize the relationship between these two organs, we must ensure that the representative remains accountable to the represented; or else risk losing the moral and legal right to represent.

Two thirds of the Council’s membership is accountable to the General Assembly through periodic elections. This is the single most important mechanism in the Charter, which gives tangible authority to the General Assembly to determine the composition of the Council.

It is also in line with the fundamental democratic principle, on which rests the structure of our national governments, regional and international bodies and multilateral institutions. The Human Rights Council, an institution created in the 21st century, operates on the same principle.

The only other avenue by which the General Assembly can make the Security Council more accountable is THIS very forum, with its unique mandate to reform the Council.

But unfortunately we have been deadlocked here for more than two decades mired in a rather sterile debate, which is, should we or should we not add members to the Council who are not accountable to the wider membership. I say sterile because I have never seen anyone choosing someone to act on their behalf without making them accountable.

Also, and not surprisingly, it is the elected members in the Council who have traditionally played a leading role on improving the relationship between the Council and the Assembly - Pakistan being one of them. These efforts led to modest but important changes. More elected members in the Council will certainly accelerate these efforts. Without strengthening accountability, other measures will only bring about slow and incremental changes.

Madam Chair,

Until that is achieved, let me suggest a few ideas that could contribute to meaningful interaction between the Council and the Assembly:

Madam Chair,

Our goal is to achieve harmony and collaboration between the Security Council and the General Assembly. The two should have a complementary and cooperative, not competitive, relationship, making their actions mutually reinforcing as well as consequential. This will also help the UN begin its transformation into a 21st century institution.

I thank you, Madam Chair.