Special Research Report
Security Council Working Methods: A Tale of Two Councils?
Ambassador José Filipe Moraes Cabral (Portugal), President of the Security Council in November 2011, In our third Special Research Report on the work- methods making this gap more pronounced. At presides over an open debate on ing methods of the Security Council, we examine the same time, the report concludes that prog- Security Council working methods. their evolution since the end of the Cold War, con- ress on working methods reform often hinges on centrating in particular on relevant developments the political courage shown by Council mem- since the publication of our 2010 report. With 13 bers, first and foremost, as well as the ingenuity,
2014, No. 1 case studies, the present report also seeks to cre- personality and audacity of individual permanent 25 March 2014 ate a historical record of certain working methods. representatives. It is therefore no surprise that
This report is available online at Overall, the report shows that working methods those with an interest in and commitment to a securitycouncilreport.org. have su!ered di!erent and inconsistent fates. It particular working method, regardless of whether For daily insights by SCR on evolving also finds an increase in the divide between the they are a permanent or non-permanent member, Security Council actions please subscribe to our “What’s In Blue” permanent and non-permanent members of the have usually enjoyed some degree of success.• series at whatsinblue.org or follow Council with certain relatively recent working @SCRtweets on Twitter.
Security Council Report Special Research Report March 2014 securitycouncilreport.org 1 Introduction
This is Security Council Report’s third Spe- adaptable international body, at times capa- 2 Introduction cial Research Report on the working methods ble of modifying its methods of work literally 3 Approaches to Working of the Security Council, following Security on the spot. Methods—Inside and Outside Council Transparency, Legitimacy and E!ective- Since the publication of our 2010 Special the Council ness: E!orts to Reform Council Working Meth- Research Report on working methods, several 6 Recent Trends in Council ods 1993-2007 (18 October 2007) and Securi- working methods concerns have been con- Working Methods ty Council Working Methods: A Work in Progress? structively addressed, either by the Council 8 Case Studies (30 March 2010). itself or by the Secretariat. Our recent research—examining almost Among the recent new practices under- 8 The Annual Report to the General Assembly exactly four years of developments within taken by the Council particularly worth high- the Security Council, its Informal Working lighting are: 10 The Seizure List Group on Documentation and Other Proce- • annual open debates on working methods; 12 Lead Roles Within the Council: dural Questions (Informal Working Group) • greater transparency of some subsidiary Penholders and Chairs and its other subsidiary bodies and compar- bodies; 15 Wrap-Up Sessions ing them to earlier findings—shows that sev- • substantive changes in the listing and del- 19 eral of the same issues continue to be the key isting working methods of Council sanc- 22 “Arria-Formula” Meetings topics in discussions about Council working tions committees; methods. These include transparency, partic- • the establishment of the O"ce of the 33 Informal Interactive Dialogues ipation, accountability and e"ciency. In the Ombudsperson for the 1267/1989 Al- 38 Sanctions Listing and Delisting years since the end of the Cold War— when Qaida Sanctions Committee; and 40 Council Visiting Missions the Council began significantly modifying its • the development of more productive 50 Council Press Statements working methods in response to the increased working relationships with regional range and number of issues it was called organisations. 52 The Veto and the Procedural Vote upon to address—up until the beginning of In parallel with the e!orts undertaken by the current decade, there were essentially two the Council to address some of the concerns 53 Interaction with Troop- and Police-Contributing Countries approaches to and two perspectives on work- coming from inside and outside the Council, ing methods: from inside and from outside the Security Council A!airs Division of the 56 Interaction with the the Council. In the past four or five years, Secretariat undertook a major overhaul of the Peacebuilding Commission an emerging new feature observed in these content and the design of the Security Coun- 68 Council Dynamics with Regard discussions seems to be an important set of cil website. Some key new features include: to Working Methods concerns coming from within the Council, • the improved overall user-friendliness of 69 Conclusions regarding its internal transparency and par- the website; 71 Annex I: Security Council ticipation, and the perception of a growing • the development of new periodic, publicly Vetoes gap between the permanent and non-perma- available documents, such as the annu- 89 Annex II: Informal Working nent members of the Security Council. al “Highlights of the Security Council Group on Documentation and Our recent research also suggests that Practice” published since 2011 and the Other Procedural Questions progress on working methods is not linear “Reporting and Mandate Cycles” pub- 91 Annex III: UN Documents and sometimes it is outright circular, such lished monthly since November 2012; and that: • the inclusion on the website of past month- • some working methods, despite calls ly programmes of work of the Council and by nearly all Council members for their of past monthly Council “Tentative Fore- reform, never change; casts of Work” prepared by the Secretariat • some past working methods, initially wel- (going back to January 2011). comed and embraced, are abandoned or In undertaking the preparation of this discontinued by the Security Council; report, SCR felt that a broader look at the • some working methods seem to be aban- evolution of working methods seemed war- doned only to be rediscovered and revived ranted at this point. While concentrating on years later; and and analysing the current state of play and • some working methods, while continu- most recent working methods developments, ing to be used, become less nimble and this Special Research Report also seeks to cre- usually take considerably more time to be ate a historical record of certain working applied. methods and to provide an overview of their Yet, throughout its post-Cold War history, evolution since the end of the Cold War in and arguably even during the Cold War itself, particular, through a series of case studies. the Council has continued to be the most
2 whatsinblue.org Security Council Report Special Research Report March 2014 Approaches to Working Methods—Inside and Outside the Council
The Provisional Rules of Procedure longest-serving P5 ambassador to provide an under its Article 29 prerogative to establish The issue of Security Council working meth- authoritative interpretation. It is also worth any subsidiary bodies it deems necessary, it ods proved to be di"cult and divisive early pointing out that often the language of the set up as a venue for this work an “Infor- on in UN history. The Executive Commit- notes by the President is drafted in aspira- mal Working Group of the Security Council tee of the UN Preparatory Commission was tional terms rather than as a firm commit- concerning the Council’s documentation and assigned to draft the Rules of Procedure of ment and that some of their provisions are other procedural questions”, whose chair- the Security Council. After lengthy debates never implemented. manship changed every month along with within the Committee, a draft was presented the Council presidency. Information about to the Council for adoption at its first meet- Change from Inside: the Informal the first phase of the work of this body is ing on 17 January 1946. The Council pro- Working Group and Note 507 hard to compile as the 30 June 1993 note by ceeded to discuss the draft for the next five With the end of the Cold War the Council the President (S/26015) only passingly ref- months and on 24 June 1946 decided that experienced a dramatic increase in its activ- erences the “group” without providing any it could not agree on a definitive set of rules ity and workload. It became a body that was additional information. A full reference to the to govern its working methods. Accordingly, virtually continuously in session, and its Informal Working Group first appears in the it only adopted “provisional” Rules of Pro- existing procedures became inadequate. To note by the President of 29 November 1993 cedure (S/96). These provisional rules have accommodate the increased workload and (S/26812). Speaking at the first open debate been revised seven times but have continued cope with continuous discussion on often on working methods held on 16 December almost unchanged. All revisions were minor, very sensitive issues, the Council introduced 1994, the UK provided a brief description of for example, the last one, on 21 December many new practices. In this context, one of its origins: “The desire to enhance the flow 1982, was simply to update the document to the key new practices was convening a con- of information and the exchange of views include Arabic as an o"cial language. They siderable number of its meetings (about half between the Security Council and the Gener- are still considered provisional to this day and but probably accounting for more than half al Assembly lay behind the Council’s decision constitute the only o"cial set of rules guiding of the time spent in meetings) as consulta- of June 1993 to establish an informal work- the working methods of the Council. tions rather than holding them publicly in ing group on documentation and other pro- In the last several years, in particular dur- the Council chamber. Under Provisional cedural matters” (S/PV.3483). This subsid- ing open debates on working methods which Rule 48, the Council, “unless it decides oth- iary body, under the slightly revised name of have been held regularly since 2008, member erwise … shall meet in public”. Consulta- “Informal Working Group on Documentation states have repeatedly called on the Council tions occurred sporadically in early Council and Other Procedural Questions”, has con- to update the Rules of Procedure to reflect practice and initially took place in the small tinued to exist. However, it lacked continuity, the current Council reality and to adopt them o"ce assigned to the President of the Coun- partly because of the rotating chairmanship, in order to terminate their “provisional” sta- cil, adjacent to the chamber, or in a con- and it was not very active—and sometimes tus. Some observers point out that there are ference room in the basement. A dedicated outright dormant—for long stretches of time. pragmatic reasons to keep the rules in their consultations room had been built in 1978, Largely in response to the 2005 World provisional form: they give the Council more but it came to be used very extensively only Summit, whose final document called on the flexibility and allow it to adapt better and in the 1990s. With this shift, the Council, Council to modify its working methods, the faster to the changing international environ- although much more active, actually became Council revived the Informal Working Group ment. Others note that the lack of formally significantly less transparent. in 2006 and abandoned the rotating chair- binding procedures reduces the Council’s During that period, the Council was also manship system. Ambassador Kenzo Oshima capacity to deal with emerging issues ener- a body that had emerged from relative obscu- (Japan) was appointed chair, initially for six getically and flexibly and leaves everyone oth- rity to being at the centre of major world months, and later for a full year. Since then, er than the permanent members (P5) of the events, generating great interest from the the chairs of the Informal Working Group Council on an uncertain footing. media and, most of all, the wider UN mem- have served for a minimum of 12 months, and While the Rules of Procedure remain fro- bership. Consequently, there was consider- the body has been the locus of most working zen in their provisional form, informal pro- able pressure from outside for the Council to methods-related Council activity, though the cedures and practices in e!ect now govern become more transparent. intensity of this work has varied from year much of the way that the Council operates Within the Council—whose diplomats to year (please see Annex II for key details in practice. Over the years, and particularly rotate in and out regardless of whether they regarding the Informal Working Group). since the end of the Cold War, some working represent a permanent or non-permanent On 19 July 2006, after a very active peri- methods have evolved considerably. Many member—there was growing realisation of od of work under Japan, the Informal Work- of the changes have been captured in suc- the need to systematise its working methods. ing Group recommended, and the Council cessive notes by the President of the Secu- Starting in 1993, the Council began captur- approved, the outcome of its negotiations, rity Council, but some occurred on an ad ing its evolving working methods in writ- which were contained in a note by the Presi- hoc basis and have not been codified in any ten form, most frequently in notes by the dent of the Security Council (S/2006/507). Council documents. When doubts about a President of the Security Council but occa- The note provided a list of practices and certain practice arise, it is usually left to the sionally also in decisions. On 30 June 1993, measures aimed at enhancing the e"ciency
Security Council Report Special Research Report March 2014 securitycouncilreport.org 3 Approaches to Working Methods—Inside and Outside the Council and transparency of the Council, as well as imposed by the Council have created consid- (especially sanctions and counter-terrorism improving interaction and dialogue with erable burdens and responsibilities for UN measures, troop and police commitments non-Council members. Much of the note members at large. and budgetary requirements for Council- related to consolidation of measures previ- For the wider membership, which bore mandated missions) has increased over the ously agreed to on an ad hoc basis, but it also the bulk of the burden in respect to many of years and probably has made the Council contained many new elements. When Japan these Council decisions, there was a natu- more inclined to address these issues. returned to the Council as a non-permanent ral demand from capitals for better advance However, the issue of what or who member for the period 2009-2010, it again notice of likely decisions and better opportu- prompts innovations in Council working took the chairmanship of the Informal Work- nities for input. Many non-members of the methods has become very sensitive. At times, ing Group and embarked on the process of Council expressed concern about just being the Council has gone to considerable lengths updating note 507. passive recipients of Council decisions after to avoid any perception that it takes advice on As a result, on 26 July 2010, the Coun- the event. Knowing what issues the Coun- working methods-related matters from any- cil issued another note by the President cil was likely to discuss, why and when, was one other than its members. The history of (S/2010/507, the number 507 was retained one of the most basic hurdles encountered the Small Five (S5) initiative—launched in deliberately in an unusual move to create by non-Council members hoping to have any the General Assembly by Costa Rica, Jordan, a “brand”), which contained a number of kind of impact on the Council. The obscu- Liechtenstein, Singapore and Switzerland in updates and revisions reflecting develop- rity and lack of transparency inherent in the the aftermath of the 2005 World Summit and ments in Council working methods in the Council left most UN members extremely calling for modifications of Council working preceding period. These included: unhappy on all these fronts. methods—illustrates this dynamic well. • clarifying the procedures for the mainte- For example, the availability of the “Ten- The S5 started tackling the issue in 2005 nance of the list of agenda items of which tative Forecast of the Programme of Work” of when it distributed a non-paper containing the Council is seized, the so-called “sei- the Security Council was for years the focus several working methods recommendations zure list”; of one of the most contentious working meth- for consideration by the Council. A draft res- • capturing practical improvements in the ods issues for the wider membership and the olution circulated on 17 March 2006 was interaction of the Council with troop- and broader UN community. In its second-ever the next step (A/60/L.49). In it, the Gen- police-contributing countries; note by the President concerning working eral Assembly invited the Council to consider • adding a reference to its interaction with methods, issued on 27 July 1993, Council 19 measures listed in an annex that would the Peacebuilding Commission (PBC), members agreed that “the tentative forecast enhance the accountability, transparency and which was not addressed in the original of the programme of work of the Security inclusiveness of the Council. Although the note 507 as the PBC had not yet become Council for each month should be made Council never formally discussed or acknowl- fully operational, expressing that the available to all Member States, for informa- edged the S5 initiative, the group did have a Council intended to invite the chairs of tion” (S/26176). Concerns about the timely number of meetings with the P5. However, it the PBC country configurations to formal availability and confidential character of the is probably fair to say that some of the recom- meetings as appropriate; tentative forecast continued for more than mendations of the S5 draft resolution (which • adding a section on Security Council visit- 20 years. It was only in 2006 that Council was withdrawn by the sponsors in part due to ing missions; members agreed that the forecast could be increased activity on working methods with- • adding several elements to what should be published on the website. (The fact that most in the Council) served as an inspiration to included in the introduction to the annual information contained in the tentative fore- the drafters of presidential note S/2006/507. report of the Security Council to the Gen- casts—which are based on previous Council In particular, there was a significant overlap eral Assembly; decisions available in the public domain— of issues addressing the relationship with • including under “Communication with had been made available since November non-members. the Secretariat and Outside” the new for- 2005 by SCR in its Monthly Forecast, may In the next several years, the S5 contin- mat of informal dialogue; and have eased the process of making this docu- ued their work on aspects of Council working • reflecting a new practice of strict lim- ment publicly accessible.) The recent addi- methods that had not already been addressed its on UN sta! members allowed in tion of the “Reporting and Mandate Cycles” by the Council itself and tabled a new draft consultations. to the Security Council website addresses any resolution before the General Assembly on concerns about the timeliness of the avail- 3 May 2012 (A/66/L.42/Rev.2). The draft Pressure and Change from Outside: ability of the tentative forecast, as interested acknowledged the significant steps taken by UN Members at Large parties may predict months in advance the the Council to improve its working methods Starting in the early 1990s, the growing num- occurrence of all agenda items under consid- but emphasised the need for additional mea- ber of activities undertaken by the Council eration by the Council subject to reporting sures aimed at enhancing its accountability, has brought with it a much enhanced impact and mandate renewals requirements. transparency and e!ectiveness and included on the membership at large. Issues such as The need for generating buy-in on the 20 recommendations to that e!ect. In the troop and police contributions required for part of the membership at large to implement weeks leading up to the scheduled 16 May peacekeeping missions or sanctions regimes decisions adopted by the Security Council vote on the draft resolution, the S5 came under
4 whatsinblue.org Security Council Report Special Research Report March 2014 Approaches to Working Methods—Inside and Outside the Council pressure, primarily from the P5, to withdraw the Council adopted a presidential state- the submission of the annual report. the draft. After the Under-Secretary-General ment in which it acknowledged that the • The reviving of the Informal Working for Legal A!airs issued an opinion suggest- “Security Council has heard the views of Group, and the increased focus on sys- ing that a two-thirds majority in the General members of the Council and many other tematising working methods in early 2006, Assembly would be needed for the resolution United Nations Member States on the was undoubtedly in part prompted by the to be adopted, the S5 withdrew the draft to item under discussion” and it proclaimed, 2005 World Summit, whose final docu- avoid a procedurally contentious discussion “as part of its e!orts to improve the flow ment said: “We recommend that the Secu- that in their view would have been inevitable. of information and the exchange of ideas rity Council continue to adapt its working Following the withdrawal of the General between members of the Council and oth- methods so as to increase the involvement Assembly draft resolution on 16 May 2012, er United Nations Member States, that of States not members of the Council in its the S5 suspended their activities for a few there should be an increased recourse to work, as appropriate, enhance its account- months and regrouped in the fall to pursue a open meetings, in particular at an early ability to the membership and increase the new format in which interested members at stage in its consideration of a subject” (S/ transparency of its work” (A/RES/60/1). large could focus on specific working methods. PRST/1994/81). On at least one occasion, the General A new, cross-regional initiative of small and • On 30 July 1996, trying to modify its Assembly decided explicitly what procedures medium states named Accountability, Coher- working methods related to the mainte- would apply within the Security Council. ence and Transparency (ACT) was launched nance of the list of agenda items of which In resolution 11(1) of 24 January 1946 the in May 2013 with the aim of enhancing the the Council is seized, the Council issued General Assembly determined the proce- e!ectiveness of the Security Council through a note by the President outlining a new dures governing the role of the Council in the improvement of its working methods. system. The note said: “The Security the selection of the Secretary-General. (It is It also intends to work constructively with Council has decided that, as of 15 Sep- perhaps relevant that the Council was at the Council members and with the broader UN tember 1996, matters which have not time deadlocked on procedure.) membership to increase the involvement of been considered by the Council in the In resolution 40(1) of 13 December non-Council members and the accountabil- preceding five years will be automatically 1946, the General Assembly took the addi- ity of the Council to the entire UN mem- deleted from the list of matters of which tional step of recommending to the Council bership. At press time, Austria, Chile, Costa the Council is seized” (S/1996/603). The “the early adoption of practices and proce- Rica, Estonia, Finland, Gabon, Ghana, Hun- reaction that ensued was strongly negative, dures, consistent with the Charter, to assist gary, Ireland, Jordan, Liechtenstein, Maldives, and several member states wrote to the in reducing the di"culties in the application New Zealand, Norway, Papua New Guinea, President of the Council. On 29 August of Article 27 and to ensure the prompt and Peru, Portugal, Saudi Arabia, Slovenia, Swe- the Council issued a new note in which it e!ective exercise by the Security Council of den, Switzerland, Tanzania and Uruguay stated that “in the light of the comments its functions”. It further recommended that, were members of ACT. made by several members of the Organi- “in developing such practices and procedures, Security Council working methods con- zation to the President of the Council” it the Security Council take into consideration tinue to be an important issue for the UN decided that “no item will be deleted from the views expressed by Members of the Unit- membership at large, generating sustained the list of matters of which the Council ed Nations”. attention. In 1994, during the first-ever is seized without the prior consent of the And in resolution 111(2) of 13 November open debate, 11 non-Council members Member States concerned” and outlined 1947, invoking “the responsibility specifically spoke. When the Council held its second a new procedure (S/1996/704). (For more conferred upon it by the Charter in relation open debate, in 2008, 28 members at large details, please refer to the “seizure list” to matters concerning the maintenance of took the floor. And 28 has continued to be case study in this report.) international peace and security”, the Gen- the average number of non-Council mem- • The note by the President of 22 May eral Assembly established an interim com- bers speaking each year since 2010, when 2002 is another example of the Council mittee as its subsidiary body with resolution the working methods open debate became explicitly admitting that it is responding 117(2) of 21 November 1947 in turn man- an annual event. to the concerns of member states at large dating the committee, among other tasks, to During the last five open debates on work- (S/2002/199). The note recognised that “consider the problem of voting in the Securi- ing methods, some permanent members have members of the Council, “having taken ty Council”. Based on a report submitted by cited Article 30 of the UN Charter, insisting into account the views expressed during the interim committee (A/578) the General that the Council is the master of its own pro- the debate on agenda item 11 entitled Assembly adopted resolution 267(3) of 14 cedures. But on several occasions in the past, ‘Report of the Security Council’, at the April 1949 with detailed recommendations the Council explicitly referred to concerns of 56th session of the General Assembly, to the Security Council regarding the vot- the broader membership when deciding to have reviewed the format of the annu- ing and an annex containing a list of matters change a particular procedure: al report of the Council to the General deemed to be procedural in nature. • At the end of its first-ever open debate on Assembly” and agreed to several changes working methods, on 16 December 1994, related to the content and the timing of
Security Council Report Special Research Report March 2014 securitycouncilreport.org 5 Recent Trends in Council Working Methods
The Informal Working Group on Documen- The President of the Council seems to Another trend observed in the last several tation and Other Procedural Questions has leave less of a personal mark than used to years is the growing lack of interactivity within continued to be the main forum for dis- be the case. For example, since June 1997, the Council. Many newly arrived Permanent cussions within the Council about working all Presidents of the Council have written an Representatives to the Security Council, of methods, with the two notes 507 providing assessment of the work of the Council dur- both permanent and non-permanent Coun- the key framework for these activities (please ing their monthly presidency. By design, these cil members, have in recent years expressed see Annex II for key details regarding the were to be documents that reflected each astonishment at the structured and scripted Informal Working Group). The pace of work presidency’s assessments rather than that nature of interactions within the Council, even and the issues addressed have varied from of the full Council. The assessments were in meetings termed as informal consultations. year to year and from chair to chair. Some appended to the annual report of the Coun- In 1994, a concept paper issued by France chairs chose to focus on the implementation cil to the General Assembly with a disclaimer prior to the first open debate on working of the two notes, some on issues that had not that the document “is intended to have an methods expressed a concern about the been addressed before or were addressed in a informative purpose and should not neces- scripted nature of Council meetings: “It is way that was deemed in need of further devel- sarily be considered as representing the views still customary nowadays to wait until all opment. The degree to which their e!orts of the Security Council”. In the first several the di!erences of opinion within the Coun- have been successful also varied, depending years of this practice, assessments tended to cil have been settled, and a text has been both on the dynamics in the Council at any pay particular attention to openness, trans- negotiated down to the last comma, before given point and on the topic under consid- parency and accessibility initiatives. Although holding a… meeting. The script for such a eration. Overall, it is probably correct to say less prevalent, some assessments during this meeting has always been worked out before- that measures aimed at improving Council period also included more analytical content hand in its tiniest details so as to leave no e"ciency generally found consensus among by way of noting trends. With some notable room for surprises. The consequence of this Council members, whereas initiatives aimed exceptions, the assessments in the last decade is, inevitably, the declaratory, rigid style of at changes in decision-making practices were or so have become much more uniform and such meetings, at which delegations …may less successful. devoid of substantive analysis, consisting be heard reading out their prepared state- Parallel to discussions and adoption instead of statements of fact and chronologies ments” (S/1994/1279). However, what the of further notes by the President, working and summaries of meetings scheduled and concept paper was bemoaning in 1994 were methods in the last decade or so have evolved decisions adopted. The draft assessments also in fact the public debates. In 2014, the above informally yet in potentially significant ways. tend to be approved by all Council members. words mirror almost word for word how There seem to be several working methods The Presidents of the Council have also many Council diplomats describe the infor- where no identifiable decision or understand- become more restrained (or constrained) mal consultations. ing had been made but whose practice has when making statements to the media at Several Presidents of the Council have changed considerably. This contrasts with the press stakeout. On many occasions, they tried to introduce, largely unsuccessful- past practice during the Cold War in which come to the stakeout simply to read a press ly, more interactivity and spontaneity into the Council adopted new working methods statement that has just been agreed by the Council consultations. Some decided against through resolutions, including on issues such Council. More recently, even this practice keeping a list of speakers, several abandoned as applications for UN membership (reso- seems to be disappearing, with some press using formal titles, and in at least one case, lutions 6 [1946] and 37 [1947]), monthly statements being issued only electronically. tried organising meetings for which the agen- Council presidencies (resolution 14 [1946]), (For more on press statements, please see da would not have been known in advance. travelling expenses and subsistence allowanc- the relevant case study below.) Any other This last example concerns the so-called es (resolution 75 [1949]), or working lan- remarks by the President to the media are “horizon-scanning” briefing by the Secretariat guages (resolutions 263 [1969], 345 [1974] also frequently pre-approved comments held in consultations. The goal was primarily and 528 [1982]). Some working methods, rather than comments to the media by the to prompt the Council to operate in a more while continuing, have become less nimble individual holding the presidency (some new preventive mode by receiving information and usually take considerably more time to formats have emerged for this purpose, such about situations that might become crises but be applied. An example that comes to mind as for example “elements to the press”). had not yet reached that stage, but an addi- are Council visiting missions, which in the There have been departures from the tional objective was—because originally the past were often undertaken on a very short practice of the President delivering only plan had been not to provide an agenda in notice, with their programmes adapted as pre-approved comments, more often than advance—to encourage Council members to needed and with a variety of goals, including not when the presidency has been held by a speak o! the cu! rather than from prepared prevention and mediation. Nowadays, mis- permanent member. However, for example, talking points. The horizon-scanning initia- sions are planned several months in advance, Prince Zeid Ra’ad Zeid Hussein (Jordan), tive encountered resistance on several fronts, have very detailed pre-arranged programmes as President of the Council, in speaking to with the lack of an advance list of issues at the and their main goal is fact-finding. (For more the media on 8 January 2014, stressed that: very top of the list of complaints. (For more on Council visiting missions, please see the “This is not a press statement by the Security on horizon-scanning, please see the corre- relevant case study in this report.) Council but just some comments by me”. sponding case study below.)
6 whatsinblue.org Security Council Report Special Research Report March 2014 Recent Trends in Council Working Methods (con’t)
The horizon-scanning exercise, while Secretary-General routinely attended Coun- insight into the informal work of the Council. radical when seen in the context of how the cil consultations. In 2007, in one of the notes They significantly improved the transparen- Council operated in 2010 when it was first by the President on various aspects of work- cy of the Council and the information avail- attempted by the UK during its November ing methods, the Council rea"rmed this able to member states and the wider pub- presidency, has been in fact a relatively gentle practice, saying “a designated representative lic—especially since the advent of the UN e!ort to revive earlier practices. During the of the O"ce of the Spokesperson for the Sec- webcast archive. 1990s, the Secretariat provided the Council retary-General may participate in informal But in April 2010, when the Security with a daily high-level comprehensive situa- consultations at any time, unless the Council Council relocated to temporary premises due tion briefing. This practice was abandoned, decides otherwise” (S/2007/749). But in early to the renovation of the UN building, some however. In 2006, there was an attempt to 2010, in a move to limit the overall number questions arose regarding the impact of the revive it when the US, during its February of UN sta!ers in consultations, the Council relocation on Council transparency because 2006 presidency, scheduled a “Secretariat reversed this practice. A formal request from the stakeout appearances were in decline. Daily Brief” in consultations. This practice the Chief of Sta! of the Secretary-Gener- After 33 months in the temporary location, was abandoned as of March 2006. al to lift this restriction with respect to the the Council returned to its renovated prem- The current Council practice of having to O"ce of the Spokesperson was not heeded, ises in June 2013. Over the course of those reach agreement in advance on what may be and the updated note 507 issued in 2010 33 months, Council members appeared at discussed in consultations locks the Council rea"rmed the ban on direct access for the the stakeout 265 fewer times than during the into a generally pre-programmed and lim- Spokesperson’s o"ce to consultations by say- 33 months prior to renovations, an overall ited set of discussions and—if certain issues ing “unless otherwise decided, the Security decline of approximately 34 percent. are never discussed—means that members Council A!airs Division of the Department Stakeout appearances by the President may be less well informed about develop- of Political A!airs will be responsible for of the Council during renovations averaged ments vital to the maintenance of interna- keeping the O"ce of the Spokesperson for eight per month, compared with ten per tional peace and security. The result seems the Secretary-General informed of matters month prior to renovations. Stakeout appear- to be a shift in the capacity of Council mem- which may require its action”. ances by other Council members during ren- bers to respond quickly and substantively to The insistence, articulated in note 507 ovations also averaged eight per month, com- various situations or to take up strategic-level (2010), that “unless otherwise decided, the pared with 14 per month prior to renovations. discussion of issues in consultations as may Secretariat sta! from o"ces other than those In the first nine months following the return be required by the needs of the day. The very of the designated briefer or from United to the renovated Council premises, from act of requesting a specific briefing has now, Nations agencies will normally not be invit- June 2013 through February 2014, the aver- at times, become highly politicised, further ed to attend consultations” has sometimes age number of appearances by the President complicating the capacity of the Council to been taken to the extreme. On 16 Septem- of the Council at the stakeout has declined act e!ectively. While it is always possible to ber 2013 the Secretary-General briefed the slightly to a little over seven. The average raise an issue that is not in the agreed pro- Council on the content of the report on the number of appearances by Council members gramme of work under “Any Other Busi- use of chemical weapons in Syria prepared by other than the President has also declined fur- ness”, doing so also often leads to the issue a UN team headed by Dr. Äke Sellström. Dr. ther, from eight to just slightly more than six. becoming bogged down in procedural and Sellström, who had delivered the report to Over the course of this nine-month period, political considerations. When there is no the Secretary-General and was in the build- permanent members have used the stakeout agreement on such issues as elements of a ing, was not invited into the consultations more frequently than elected members dur- meeting’s agenda, the Council could take a room. When Russia noticed his absence and ing their monthly presidencies (there were procedural vote, for which there is no veto. suggested that he be invited and no Council four presidencies held by permanent mem- Procedural votes were quite common early in member objected, Dr. Sellström was invited bers during these nine months, and the P5 the Council’s history, but they have become to participate in the rest of the meeting. (On stakeout appearances jointly accounted for increasingly rare. As of this writing, the last December 16, when the Council received 40 of the 66 in total). The di!erence was even procedural vote took place in 2006 (for more in consultations the final briefing from the more pronounced when a Council member information, please see the veto and proce- Secretary-General, Dr. Sellström was in the was not serving as President and appeared at dural vote case study below). room and available to answer questions.) the stakeout. Of a total of 61 appearances by Several steps undertaken both by the Around the time when the Council Council members other than the President in Council and the Secretariat have made restricted access to consultations by UN the last nine months, only six were by non- information about the Council much more sta!, another important Council transpar- permanent members. (In the first 15 days of accessible and intelligible for outsiders. At ency tool—the appearances of the Council March, before we went to print, the overall the same time, however, the Council has President and other Council members at the number of stakeout appearances rose due to become in some respects less accessible in media stakeout, webcast live and then avail- the crisis in Ukraine. As President, Luxem- the last four years. able on the UN website in an archive—also bourg appeared eight times, permanent mem- For several years, a representative of lessened. Over the years, the stakeout appear- bers appeared 14 times, and non-permanent the O"ce of the Spokesperson for the ances have proven to be a major source of Council members appeared twice.)
Security Council Report Special Research Report March 2014 securitycouncilreport.org 7 Recent Trends in Council Working Methods (con’t)
It is probably too early to tell if the the wider Council very close to the date sched- non-permanent and incoming non-perma- decrease in stakeout appearances was a tem- uled for adoption, leaving little or no time for nent Council members. In December 2012 porary phenomenon related to the less conve- consultations with the capitals and meaningful the Council adopted a note by the Presi- nient physical environment or whether there input in the drafting process. Similarly, some dent announcing that Council members has been a more permanent change in trans- members at large expressed their desire to supported “an informal process with the parency and availability to the media. Most have advance notice of options discussed at participation of all Council members” to a!ected by this decline were the UN-accred- the Council regarding decisions that would facilitate appointing the chairs “in a bal- ited media but also anyone interested in the impact them directly. In particular, members anced, transparent, e"cient and inclusive UN worldwide who had relied for informa- have argued, options should be presented in way” (S/2012/937). Several speakers in the tion on the UN webcast of Council stakeouts advance if they have budgetary implications 2013 open debate expressed their hopes and the daily briefings by the spokesperson of a!ecting the wider UN membership. The that as a result the appointment process the Secretary-General. trend within the Council, however, appears later that year would be more inclusive. The Among the most frequently recurring to have moved in the opposite direction, with appointment of chairs of subsidiary bod- issues raised by speakers in the annual work- decisions now being drafted almost exclusively ies in 2014 proceeded faster than in previ- ing methods debates have been various by the P5 and consultation periods shortened ous years, but otherwise the procedure has aspects relating to the decision-making pro- (for more information please refer to the case remained essentially the same. One newly cesses within the Council. Non-permanent study on penholders in this report). elected Council member, unhappy about members have raised concerns about the The appointment process for the chairs not being appropriately consulted, declined increasing tendency for draft resolutions to of Council subsidiary bodies has also been serving as chair. be negotiated between the P5 and shared with raised in open debates, especially by the
Case Studies
In the following sections, the report provides In a 1993 note by the President of the was the decision to include as an addendum a series of case studies that o!er an overview Security Council, members agreed to change to the report “brief assessments on the work of the evolution of certain working methods certain practices concerning the annual of the Security Council, which representa- since the end of the Cold War and include report (S/26015). They decided that the draft tives who have completed their functions as a comprehensive historical record of their report should no longer be regarded as a con- President of the Security Council may wish implementation and evolution. While not all fidential document right up to the point of to prepare, under their own responsibility working methods are included, the case stud- adoption and instead that it would be made and following consultations with members of ies examine a subset of practices and proce- available to interested member states prior to the Council for the month during which they dures that representatively capture the overall adoption, which would take place in a public presided and which should not be considered state of play with regard to the working meth- meeting. They also decided that the report as representing the views of the Council”. ods of the Council as of 2014. would be adopted in time for it to be con- (Since July 1997, all Presidents of the Coun- sidered by the General Assembly during the cil have indeed submitted such assessments The Annual Report to the General main part of its regular session. which, in addition to each being issued as Assembly These reforms did little to reduce the a Council document, were appended to the Under Article 24(3) of the UN Charter, the levels of discontent, and the report contin- relevant annual report and, since 2002, have Security Council must submit an annual ued to be a major focus of criticism by non- been listed with UN document symbols in report to the General Assembly for its con- Council members in terms of accountabil- the annual reports.) sideration. Prior to the end of the Cold War, ity. In response, a 12 June 1997 note by the Yet the annual report continued to be a the annual reports were often published with President of the Security Council announced major source of member state dissatisfaction. a considerable delay (of up to a few years) that “the report of the Council for future The key recurring complaint was that the and were relatively short (in some years under years will be changed, taking into account report was just a long catalogue of documents 100 pages). With the dramatic increase in the views expressed on the existing format” and meeting dates, lacking analysis and o!er- Council’s activity in the early 1990s, the annual (S/1997/451). The changes included an ear- ing scant insights into the work of the Security report grew to nearly 600 pages by the middle lier deadline for the Secretariat to submit the Council. In most discussions concerning the of the decade. The interest of the wider mem- draft, to ensure its adoption by the Council in report, its introduction—a short, very techni- bership in the report—a key source of informa- time for a discussion during the main session cal piece that simply described what was con- tion about the work of the Council—also grew of the General Assembly. tained in each of the sections and listed all ear- considerably and led to calls for the Council to Furthermore, the note laid out the struc- lier documents relevant to the annual report’s make the report more substantive and timely. ture of the report. One important innovation format—was at the centre of attention.
8 whatsinblue.org Security Council Report Special Research Report March 2014 Case Studies (con’t)