Library Briefing Library of the European Parliament 22/05/2013

Reform of the UN Security Council

SUMMARY The divergent responses of the In this briefing: Security Council (UNSC) to the  Context crises in Syria and Libya – a veto on action in the former case contrasted with authorisation  The current UNSC and its challenges for action in the latter – have once again  Institutionalising reform efforts provided a reminder of the power of the UNSC's veto-wielding permanent members to  Reform proposals currently discussed determine when the UN's collective security  An EU seat in the UNSC? system may come into action.  Stakeholders' views The UNSC's composition and working methods were established in 1945, and the size  Further reading of its non-permanent membership has been modified only once, in 1963. While all UN The UNSC's mandate under the UN Charter members appear to agree that the UNSC needs Function: The UNSC's primary responsibility is to reflect today's geopolitical realities, there is the maintenance of international peace and fundamental disagreement among them over security (Art. 24). how to accomplish this objective. A wide range Powers: In order to exercise its mandate, the of proposals have been made over time. But UNSC may respond to disputes endangering for more than two decades the entrenched peace by facilitating their pacific settlement (Art. positions of three main groups – the Group of 33-38). In case of threats to peace, breaches of Four (G4), the Uniting for Consensus (UfC) and the peace and acts of aggression, it may resort the African Union (AU) groups – have to enforcement action under Chapter VII (Art. dominated the debate, with one stalemate 39-51). It provides for economic sanctions, arms following another. embargoes, financial penalties and restrictions, and travel bans, the severance of diplomatic Several scholars have therefore suggested relations, a blockade or collective military action. pursuing more attainable aims, such as reform Reform procedure: Amendments to the UN of the UNSC's working methods, rather than its Charter are legally valid only if they have been expansion. EU Member States are deeply split, adopted by a vote of two thirds of the members both on UNSC reform and the concept of an of the UN General Assembly (UNGA) and ratified EU seat in the UNSC, which has been strongly by two thirds of UN members, including all the advocated by the European Parliament. permanent members of the UNSC (Art. 108). Context

The UNSC's authority and credibility has been seriously undermined due to its failure to act in regional crises such as in Rwanda (1994), Kosovo (1998-99) and Darfur/Sudan (2003-06). It did not act as a result of political unwillingness, or due to the threat, or actual © Albo / Fotolia Fotolia © Albo / use, of the veto by one or two permanent members. The most recent case is Syria. In

some cases the UNSC's inaction has led to unilateralism or ad hoc alliances operating outside the UNSC's framework, like the 2003

Author: Gisela Grieger 130451REV1 Contact: [email protected] Page 1 of 6

Library Briefing Reform of the UN Security Council intervention in Iraq, which received UNSC imbalance in terms of the UNSC's approval only ex post. These cases have geographical representativeness both in posed the question as to whether the respect of permanent and non-permanent permanent members' right of veto can still members has evolved. Thus the complete be deemed compatible with a well- absence of the African continent from the functioning collective security system, as group of permanent members has widely well as the collective Responsibility to been perceived as a "historical injustice". It is Protect (R2P), which was unanimously also at odds with the fact that the vast endorsed by UN member states as an majority of issues on the UNSC agenda emerging UN norm in the 2005 World concern Africa. Latin America and the Summit Outcome. But they have also Caribbean have no permanent represen- underlined the need for more compre- tation either. In contrast, Europe is hensive reform efforts aimed at improving represented by two permanent members the UNSC's representativeness, legitimacy ( and the UK). and effectiveness. Such efforts have been The UN regional groups ongoing without tangible results for more The five regional groups which elect the than two decades. non-permanent UNSC members were The current UNSC and its challenges created in 1963 and still reflect the Cold War era. Australia, New Zealand and Israel make The composition of the UNSC up the "Others" of the Western European When the UN was founded in 1945, it had 51 Group (WEOG). The USA is not part of any members. Five – regional group but (People's Republic since UN regional groups votes in the WEOG. 1971), France, the Soviet Africa Group, 54 members (28%), 3 non- Turkey participates in Union (with permanent seats on UNSC both the Asia-Pacific having taken over the Asia-Pacific Group, 53 members (27%), 2 Group and the WEOG seat in 1991), United seats (but votes only in the Kingdom, and the Eastern European Group, 23 members WEOG). Cyprus is a of (12%), 1 seat member of the Asia- Pacific Group, while America – were chosen Latin American and Caribbean Group as permanent members (GRULAC), 33 members (17%), 2 seats other EU Member States are split (known as the P-5) of Western European and Others Group between WEOG and the UNSC. Six further (WEOG), 28 members (15%), 2 seats states would be non- the Eastern Europe 2 members, USA and Kiribati, not formally in group. Overall the permanent members, any group elected by the General balance is considerably Assembly (GA) for two-year terms on the tilted in favour of Europe. Furthermore, UNSC. Since then, UN membership has there is a wide disparity in the size of the almost quadrupled, to 193 in 2013, but the regional groups, ranging from 23 to 54 UNSC's composition has been modified only states, as well as in terms of population. once, in 1963. On this occasion, the non- UN members appear to agree that the UNSC permanent members were increased to ten, must reflect today's geopolitical, military, as UN membership had risen to 115, mainly economic, and demographic realities. And as a result of decolonisation. they would therefore welcome a more Since then, the UNSC has not been democratic and legitimate UNSC with a expanded in proportion to the growth in UN more representative constituency, as well as membership, with the UNSC's legitimacy more effective, transparent working increasingly questioned. In addition, an methods to increase its accountability. But

Author: Gisela Grieger 130451REV1 Contact: [email protected] Page 2 of 6

Library Briefing Reform of the UN Security Council there is fundamental disagreement among The reform debate caused regional rivalries them on how to accomplish this task. to flare up, splitting the UN membership into three blocs with deeply entrenched The main challenge is to strike the right balance between maximum representative- positions: the Group of Four (G4), the ness and legitimacy, by increasing the Uniting for Consensus (UfC) group, and number and diversity of the UNSC the African Union (AU) group. membership on the one hand, and the In the run-up to the , highest degree of effectiveness in terms of Secretary-General Kofi Annan established timely and efficient decision-making on the "High-level panel on Threats, Challenges collective security issues on the other hand. and Change" composed of 16 eminent persons to give new impetus to the reform. Institutionalising reform efforts In its 2004 report, the panel suggested two After the end of the Cold War the UNSC different models for expanding UNSC rapidly gained relevance through its membership. Both models would have led unprecedented activity, with an increase in to a total membership of 24. Model A interventions and authorised use of force. In envisaged six new permanent seats with no parallel, the internal reform debate gathered veto power and three additional two-year momentum. In 1993, the GA institution- non-renewable seats. Model B provided for no new permanent seats, alised the reform process by Groups involved in the debate establishing the "Open- but rather a new category G4 group (Group of Four: Brazil, ended working group on of eight four-year renew- Germany, and Japan), able seats as well as one the question of equitable UfC group (Uniting for Consensus representation and increase extra two-year non- group, composed inter alia of permanent seat. in the membership of the Argentina, Canada, Colombia, Italy, Security Council and other Malta, , Pakistan, South Korea, The panel also proposed Security Council matters" as Spain, and Turkey), criteria for the selection of a formal forum where UN L.69 group (41 countries from Africa, individual countries by members' proposals were Latin America, and the Caribbean), virtue of their financial, discussed in search of C-10 group (Committee of Ten African military and diplomatic consensus (A/RES/48/26). states/African Union: Algeria, DR contribution to the UN, Congo, Equatorial Guinea, , In the 1990s, the reform and suggested restruc- Libya, Namibia, Senegal, Sierra Leone, turing the regional groups. debate focused on the Uganda, and Zambia), UNSC's enlargement. Japan S-5 group (Small Five group: Costa Three groups made known and Germany appeared to Rica, , , their preferences based on be the candidates best and ). these models. The groups placed to obtain a were fairly close as regards permanent seat by virtue of their economic the size of the UNSC, at 25 or 26. But they power, and as second and third-largest differed considerably regarding categories contributors to the UN budget respectively. of membership and the exercise of veto The P-5 was prepared to admit these two as power. All wanted to keep the regional permanent members in what has been groups unchanged. referred to as the "quick fix". But this The G4 group aimed at an increase to a total initiative, based on economic weight and of 25 members: six new permanent contributions to UN funding and UN-led members (four for the G4 and two for interventions, was staunchly opposed by African countries), with the possibility of a India as well as Brazil, who invoked veto right after 15 years, and four additional population and territory as criteria to defend non-permanent members. their own cases.

Author: Gisela Grieger 130451REV1 Contact: [email protected] Page 3 of 6

Library Briefing Reform of the UN Security Council

The African Union (AU) group envisaged 26 Reform proposals currently discussed members, with six new permanent members with the right of veto, two of them Since 2010 the debate in the new for Africa, and five extra non-permanent institutional format, with an even broader members. The African position built on the list of issues, has been pursued based on the 2005 Ezulwini Consensus aiming at regional proposals of five groups (see box) representation of the African continent incorporated into a single document. rather than the representation of states The G4, L.69 and C-10 groups share the idea based on their individual merits. The of creating six additional permanent seats, permanent seats would not be rotating but attributed to the G4 and to Africa. The C-10 country-specific and chosen by the AU, with and L.69 both insist on immediate veto the main candidates being Egypt, Nigeria power for the new permanent members, and South Africa. while the G4 continues to be flexible on the The Italian-led Uniting for Consensus (UfC) veto. While the G4 and L.69 wish to add four group, the previous "Coffee Club", mainly non-permanent members, the C-10 aims at composed of regional rivals of the G4, five. As for the attribution of the seats, the C- sought a total of 25 members with ten new 10 would allocate two non-permanent seats non-permanent members with the to Africa while the L.69 and G4 would possibility of immediate re-election after the reserve only one for Africa. The G4 and the end of their mandate. They intended to C-10 would give one non-permanent seat to abolish the prohibition on re-election under Eastern Europe, while the L.69 reserves one Art. 23 rather than introduce a third seat for a small developing county. category of seats as envisaged by model B. The UfC is the only group which continues Recalling the principle of equal sovereignty, to reject the creation of permanent seats their argument was that the creation of and to have modified its position regarding more permanent seats would increase the non-permanent seats. It suggests setting up disparity between the holders of different 12 additional non-permanent seats, an categories of seats and result in further increase of two compared to its previous privileges linked to permanent membership proposal. It provides for a redistribution of throughout the UN system (known as the non-permanent seats by region as well as "cascade effect"). semi-permanent seats with longer durations Given the incompatibility of the proposals of either a three to five year term without none of which would have been likely to the possibility of immediate re-election or a gain the two-thirds majority in the GA two-year term with the possibility of up to necessary to amend the Charter, they were two immediate re-elections. The longer term not put to the vote, and reform was seats would be allocated to the regional postponed. New impetus for the groups, while the regular non-permanent cumbersome negotiations in the Open- seats would be reserved for small and ended working group was provided by a GA medium-sized states. resolution of September 2008 (A/Res/- The S-5 group focuses on working methods 62/557) setting out the following five key only, underlining that these can be modified issues to be discussed in intergovernmental without amending the UN Charter and negotiations: should be discussed separately. However, an  categories of membership S-5 resolution (see box below) was  right of veto withdrawn on procedural grounds in May  regional representation 2012, showing evidence of a stalemate even  size of an enlarged UNSC on the issue of working methods.  working methods.

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Library Briefing Reform of the UN Security Council

The S-5 resolution proposed inter alia: basis. The and France have repeatedly endorsed permanent seats for - to introduce a P-5 commitment to voluntarily the G4 and the African continent. renounce the right of veto in cases of serious human rights violations as well as an obligation But there is strong scepticism among to justify the use of the veto; commentators as to the genuine - to enhance the involvement of troop- preparedness of the P-5 to share their contributing states and states making large exclusive power. financial contributions to peace-keeping missions; An EU seat in the UNSC? - to step up transparency among the P-5 and the elected members as well as in the overall The concept of creating a single EU seat in governance system. the UNSC reportedly has its origin in Italy's ambition to prevent Germany from gaining Even if the different groups achieved more a permanent seat. The idea of an EU seat convergence on their entrenched positions was backed by the EU's High Representative and garnered wide support in the GA for a for the Common Foreign and Security Policy single reform proposal, which at present (CFSP) Javier Solana in 1999 and by appears highly unlikely considering the Commissioner for External Relations and most recent failure of the G4 proposal to win European Neighbourhood Policy Ferrero- the required support, it would also need the Waldner in 2007. approval of the P-5. However, the most fervent and constant What is the position of the P-5? proponent of an EU seat in the UNSC has The United States has expressed its been the European Parliament (EP). In its openness to a moderate expansion of the September 2012 resolution on the Council's UNSC's permanent members based on Annual Report on the CFSP, the EP country-specific admission, while insisting expressed confidence that comprehensive on its right of veto. Russia has articulated its reform of the UNSC could be launched by acceptance of an increase in permanent EU Member States (MS) if they demand a membership, with the UNSC not exceeding permanent seat for the EU in an enlarged a total of 20 members, but rules out any and reformed UNSC. This would be in line relinquishment of its veto. with the objectives of the Treaty of Lisbon to The right of veto in practice enhance EU foreign policy and the EU's role in global peace and security. The EP called The P-5's actual use of the veto differs widely. for a common position to be agreed by the There has been an overall downward trend in the use of the veto since the end of the Cold MS and, until this is reached, for a rotation War. France and the UK have stopped resorting system in the UNSC to be agreed and to it altogether, but reportedly have continued enacted without delay, so as to secure an to employ it as a threat ("hidden veto"). The "EU seat in permanence". other three (China, Russia and the USA) veto- Putting into practice the idea of an EU seat wielding powers together have cast it more in the UNSC would require amending the often from 2000 to 2009 (14 vetoes) as compared to the 1990-99 period (9 vetoes). UN Charter, since the EU, notwithstanding the legal personality it gained under the China backs India and categorically excludes Treaty of Lisbon, could not assume the seat Japan as future permanent members, thus itself, because only states may become UN indirectly opposing the G4 proposal. It members (UN Charter Article 4). supports stronger representation of African What is the EU's current status at the UN? countries and greater involvement of small From 1974, the European Economic and medium-sized countries on a rotational Community had permanent observer status

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Library Briefing Reform of the UN Security Council in the GA, based on A/Res/3208(XXIX). This use of the veto rather than pursuing was enhanced under A/Res/65/276 of 3 May expansion. In the same vein Ambassador 2011, allowing EU representatives to speak. Richard Butler argues that in order to correct The status excludes the right to vote, co- the geographical representativeness of the sponsor draft resolutions or decisions, or put UNSC and to enhance its legitimacy, the forward candidates. number and composition of the regional Based on Rule 39 of the provisional rules of groups should be updated. procedure of the UNSC the High Nico Schrijver, Professor of International Representative of the Union for Foreign Public Law, warns that an expanded UNSC Affairs and Security Policy may address the will not necessarily be more democratic and Security Council. Article 34 of the Treaty on representative unless the transparency, European Union (TEU) requires EU MS which accountability and inclusiveness of its sit on the UNSC not only to request that the working methods have been enhanced. High Representative be invited to present With a view to catalysing the reform process the EU's position (when the EU has defined a Daniel Deudney and Hanns Maull, research position on a subject which is on the UNSC fellows of the Transatlantic Academy, have agenda) but also to defend the positions suggested consolidating the permanent EU and interests of the EU, without prejudice to presence in the UNSC in one seat, with their responsibilities under the provisions of France and the United Kingdom taking it in the UN Charter, and to keep other EU MS two-year turns. Michèle Roth, of the and the High Representative fully informed. Development and Peace Foundation (SEF), in contrast, holds the view that the concept Stakeholders' views of an EU seat could pave the way towards regional representation in the UNSC, with The World Federalist Movement (WFM) other regional organisations following suit. argues that new permanent members with veto power would lead to greater Further reading inefficiency and less accountability of the UNSC. In contrast, limiting the use of the Reforming the UN Security Council membership: veto against large-scale human rights the illusion of representativeness / S. Hassler, abuses would enhance its legitimacy and London 2013. credibility. The WFM specifically supports United Nations reform: heading north or the empowerment of the GA to act when south? / S. Zifcak, London 2009. the UNSC is either unwilling or blocked in humanitarian or security crises. It calls for a Disclaimer and Copyright recognized primacy of the GA in order to This briefing is a summary of published information and overrule the UNSC, and for greater use of does not necessarily represent the views of the author or A/Res/377(V) of 1950 on "Uniting for peace". the European Parliament. The document is exclusively addressed to the Members and staff of the European The US movement Global Solutions posits Parliament for their parliamentary work. Links to that in order to operationalise the information sources within this document may be inaccessible from locations outside the European Responsibility to Protect (R2P) principle, UN Parliament network. © European Union, 2013. All rights members should embrace a responsibility reserved. not to veto when addressing situations of http://www.library.ep.ec mass atrocities. Eduardo Vargas, of Inter- http://libraryeuroparl.wordpress.com sections International, suggests that UNSC reform should focus on more realistic aims, such as reorganising the regional groups, reforming working methods, introducing qualified majority voting and restricting the

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