Intergovernmental Negotiations

Remarks by Ambassador Abdullah Hussain Haroon, Permanent Representative of Pakistan in the Intergovernmental Negotiations on the Question of Equitable Representation on and Increase in the Membership of the Security Council and Related Matters. 7 April 2009

SIZE OF AN ENLARGED SECURITY COUNCIL AND WORKING METHODS

  1. Size of an enlarged Security Council is directly related to the question of equitable representation on and increase in the membership of the Security Council. To decide on the size, there should be clarity on the criteria to determine the number of new seats. We need to consider several important and inter-linked elements in this regard.
  2. The primary objective of enlargement is to make the Council more representative. Resolution 48/26 of 3 December 1993 recognized the need to review the membership of the Security Council in view of the substantial increase in the membership of the United Nations, especially of developing countries, as well as the changes in international relations. It also recognized the need to enhance the efficiency of the Security Council, and reaffirmed the principle of sovereign equality of all UN member states.
  3. Article 23(1) mentions criteria for membership. As for contribution to international peace and security and other purposes of the organization, a country’s real or potential contribution is difficult to quantify, and is not necessarily linked to its size and resources. On the other hand, equitable geographical distribution can be quantified.
  4. After the last expansion, the size of the Council i.e. 15 was 13% of the total UN membership. Keeping the same ratio, the size of the Council today should be at least 25. However, we remain flexible and are ready to consider a larger number if that can lead to agreement by accommodating the representation of a greater portion of the membership.
  5. Any expansion must also rebalance the representation of various regions. This necessitates greater allocation of seats in the first place to Asia, Africa and GRULAC to redress their under-representation. The UfC proposal of 2005 for example allocates 80% of the (10) new seats to these three regions (3 each to Asia and Africa and 2 for GRULAC).
  6. Regional representation, including in sub-regional and cross-regional dimensions, is extremely important to ensure equitable and broader representation of all stakeholders. We propose allocation of additional seats to be shared between Africa and Asia on rotation basis to specifically provide for continuous representation of the OIC on the Council. Small and medium states constitute the majority of the UN membership. To ensure their representation, we have proposed to allocate a seat reserved for small states and a seat for medium states beyond the present regional configuration.
  7. The size of expansion is closely related to the nature of seats. Our position is that since any new seats are being asked in the name of the regions, these seats must remain available for all the countries of those regions. Seats tagged to individual countries and occupied by them permanently, go against equitable representation and other objectives of reform. That is why we advocate a system of periodic elections and fair rotation among regions for equitable representation of their members on the Council.
  8. Our preference is the addition of regular non-permanent seats which is the most equitable and fair option. This also enhances significantly the seat to member states ratio. For example 3 more elected seats for Africa would mean 1 seat for 8.8 members as compared to 17.6 members at present. For Asia, with 3 more elected seats, 10.6 members will share 1 seat as compared to 26.5 members at present. For GRULAC 2 more seats would change the ratio to 1: 8.3 as compared to 1: 16.4 at present.
  9. Only as a compromise, can we consider other options such as an intermediate solution based on election, immediate re-election and longer terms for regional seats, provided it can ensure fair rotation and equitable representation for all. Let it be very clear. In any expansion, priority should be given to regular 2 year non-permanent seats. Only after that can we consider any longer term seats. Therefore, smaller the expansion, the lesser would be the possibility to accommodate longer-terms.
  10. The need to enhance the efficiency of the Council is clear. Also important is legitimacy which can be improved with broader representation. One view is that there is no direct relationship between size and efficiency. For example, was the Council of 11 more efficient and effective than the Council of 15? We believe it is possible to strike a balance between representation and efficiency in an enlarged Council.
  11. At the same time, a most widely held view is that effectiveness would improve by improving the working methods i.e. if the Council becomes more transparent, democratic and accountable to the general membership. For a large majority, the reform of the Council implies, first and foremost an improvement in its working methods. It is unfortunate that paucity of time does not allow a fuller discussion on this important part of our work. I would like to make a few observations, nevertheless.
  12. First, the working methods are an integral part of a comprehensive reform package.
  13. Second, the OEWG had reached provisional agreement on a number of proposals on working methods. While some of these are being followed, most of them are yet to be put in practice. Appreciable efforts have been made in parallel to improve the working methods. The initiative of the S-5, for example, even without being put to vote, carried the weight that obliged the Council to respond. We support the measures proposed by the S-5. Of course more needs to be done. The Non-Aligned Movement also has an elaborate position on working methods, decision-making, veto and the larger issues of encroachment and accountability. All these need to be considered. I am circulating with my remarks, some proposals on working methods, which are not exhaustive but in our view the minimum that should be implemented.
  14. Thirdly, holistic measures are needed in order to maintain the confidence and trust of the international community in the UN. The work of the Security Council must be regulated and limited to the maintenance of international peace and security and should not be used for replacing international law making processes.
  15. Fourthly, a large majority of member states attribute the non-transparent and exclusive nature of working and decision-making of the Security Council to the attitude of the existing permanent members. At the same time, some members advance the self-contradictory argument that reform of the Council, including the improvement in its working methods, is only possible by adding more individual permanent members. This defies logic. A larger number of permanent members will further aggravate the exclusive and elitist culture of the Council. At present, the Council has to reconcile the positions of 5. Then it will have to reconcile the interests and position of 10 or more permanent members. This will negatively impact the effectiveness of the Council and will make the decision-making even more non-transparent and cumbersome. Our effort should therefore be aimed at enhancing the current ratio between permanent and non-permanent members more in favour of the latter.

Thank you.




Annexure

PERMANENT MISSION OF PAKISTAN TO THE UN, NEW YORK

Intergovernmental Negotiations on the Question of Equitable Representation on and Increase in the Membership of the Security Council and Related Matters WORKING METHODS 7 April 2009

Majority required for Security Council decisions and the question of the veto

Majority required for adoption of substantive decisions in an enlarged Security Council in accordance with Article 27 of the Charter of the United Nations:


Present ratio, i.e. 3/5 (60%) of the total SC membership
or
a greater ratio

Options on the question of the veto:


Abolition of the veto
Limitations of the scope of the veto, interalia application of the veto only on Chapter VII matters

Working Methods and Procedures