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Reform of United Nation Security Council - Literature review Example

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From the paper "Reform of United Nation Security Council" it is clear that reforming the Council is a “sensitive issue” because of the accompanying political complexion. Changing the composition of the permanent members should of course affect the voting power of the permanent members…
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Reform of United Nation Security Council
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? Reform of United Nation Security Council Reform of United Nation Security Council Introduction The Security Council is an organ of United Nations. The Security Council first convened three years after the ratification of the UN Charter in 1945 (Lerner 2004). It is the most powerful organ of the United Nations, and its resolutions can bind all the member states (Kugel 2009). Its goals include promotion of peace and goodwill among the nations, which it implements through the imposition of sanctions and embargo as well as diplomacy and peacekeeping operations. The council also settles disputes among member nations, and to attain this, military option may be resorted. The Council has 15 members, 5 are permanent while the 10 are non-permanent members (Kugel 2009). The non-permanent members are elected by the General Assembly and hold office for a term of two years (Kugel 2009). The five permanent members are China, France, Russia, UK and USA (Kugel 2009). Through the application of sanctions, the council can pressure an erring nation to cease from committing violence or aggression. Sanctions are imposed when diplomatic actions fail to restore peace in an area (Security Council Sanctions n.d.). The decisions of the Security Council are embodied in resolutions approved by majority of the members of the Council (Security Council Sanctions n.d.). Areas for Reform Considerations over introducing some reforms in the Council have started almost at the time of its creation. The increase in the composition of permanent members has also been suggested (Kugel 2009). For instance, the current permanent membership does not represent all the nations based on geographical consideration taking into account the changing geo-political realities (Kugel 2009). The move is also congruent with the attempt to make representation of all the member states more democratic (Kugel 2009). The credibility of a multilateral institution such as the Council has been doubted in dealing and addressing many problems and concerns (Kugel 2009). According to Thomas Matussek (Germany’s Ambassador to UN), dragging the reform process for a longer time would only make nations shift their focus to other groups such as the G-8 or G-20 which will only weaken the Security Council in the end (Lederer 2009, cited in Kugel 2009). The Council really proved ineffective on several issues during the Cold War since two of the permanent members were involved in this conflict. The two primary reform issues that have emerged concern the increasing number of members and the procedural rules in conducting its business. The membership issue also includes the voting system and structure. Amending the voting structure or composition of the Council may not be easily achieved since they would require the amendment of the UN Charter, and a quorum of two-thirds in the General Assembly (Kugel 2009). In the Assembly, permanent members can block the proposed amendments. During the General Assembly meeting in September 2008, the reform discussion deadlock was ended when members agreed to transfer the discussions from the Working Group to the intergovernmental negotiations in an informal plenary of the Assembly through resolution 62/557. The agreed agenda for reform mentioned in the resolution include: membership categories, veto power and concerns, regional representation, size of an expanded Council, working methods and procedures, and the Council’s relationship with the General Assembly (Kugel 2009). Changes in the Security Council Although the UN Security Council has been in existence for several decades now, it is still undergoing reforms to make it more efficient. The desired outcome of its sanctions may have an adverse effect upon the other nations. For instance, a sanction can affect the vulnerable sectors in the population or economy of another country (Security Council Sanctions n.d.). Thus, it is continually amending and refining its design and implementation so that collateral effects may be lessened. The refinements include targeted action upon identified actors, such as freezing of the assets or blockage of financial transactions (Security Council Sanctions n.d.). The refined strategy on sanctions can be gleaned from the popular conflict diamonds in Africa (Conflict Diamonds 2011). For instance, the National Union for the Total Independence of Angola (UNITA) in Angola and the rebels of Sierra Leone became the target of the Council’s sanction in order to cut off the funding source of the war in the areas (Conflict Diamonds 2011). This includes banning the flow of illicit diamonds so that the source of funds to buy arms will be cut off (Conflict Diamonds 2011). In order to make the procedures in listing, de-listing and granting humanitarian exemptions clear with regard to targeted sanctions, the Council issued resolution 1730 (2006) on December 19, 2006 (Security Council Sanctions n.d.). As requested by the Secretary-General, suggested the establishment of a focal point to entertain de-listing requests, as well as perform other duties enumerated in the annex (Security Council Sanctions n.d.). In resolution 1904 (2009) issued in 2009, the Office of the Ombudsperson was created. Also created April 17, 2000 is the temporary Informal Working Group on General Issues of Sanctions that would recommend measures to make sanctions more effective. The tasks of the Working Group include identifying areas for improvement in cooperation between sanctions committees and implementation of sanctions, the duration of the sanctions and lifting of the same, reporting and monitoring, enforcement (i.e. on the aspect of freezing of assets and travel bans), de-listing procedures, imposition of secondary sanctions when the original sanctions are violated, and archiving and database management (Security Council Informal 2006). The Working Group submitted its recommendations and sanctions best practices to the Security Council in 2006 (Security Council Sanctions n.d.). Conclusion The UN Security Council, being composed of political units, is beset with political considerations. In fact, actions that it implements against other nations are primarily political decisions although they also contain social and humanitarian color. Thus, when the permanent members are the primary parties in a conflict, implementing an effective solution may not be realised. Reforming the Council is a “sensitive issue” because of the accompanying political complexion (Kugel 2009, p. 3). Changing the composition of the permanent membership should of course affect the voting power of the permanent members. This would surely affect their interests and agenda. But with continuous pressure from member states on the introduction of reform in the Council, the agenda were placed in the calendar and discussions started. Other issues that may not require changes in the structure and voting power are easier to discuss and introduce. This is manifested in the refinements of the sanctions procedure such as creation of sanctions bodies. Decisions such as this would not involve the internal balance of power between the member states but of other states which will be the subject of sanctions. References Conflict Diamonds: Sanctions and War, 2001 March 21. http://www.un.org/peace/africa/Diamond.html [Accessed 16 August 2011]. Kugel A 2009 September. Reform of the Security Council - A New Approach? FES Briefing Paper 12 http://library.fes.de/pdf-files/iez/global/06696.pdf [Accessed 17 August 2011]. Lerner AW 2004. United Nations Security Council. Encyclopedia of Espionage, Intelligence, and Security. http://www.encyclopedia.com/doc/1G2-3403300780.html [Accessed 16 August 2011]. Security Council Sanctions Committees: An Overview. n.d. UN Security Council Sanctions Committees. http://www.un.org/sc/committees/ [Accessed 16 August 2011]. Security Council Informal Working Group on General Issues on Sanctions, 2006 April. Security Council. http://www.un.org/Docs/sc/committees/sanctions/index.html [Accessed 17 August 2011]. Read More
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