26 June 2007

On 26 June 2007, the President of the GA, H.E. Sheikha Haya Rashed Al Khalifa circulated the Report of the two Facilitators, Ambassador Heraldo Muñoz of Chile and Ambassador Christian Wenaweser of Liechtenstein, based on their consultations with Member States, and groups of Member States, on how to proceed with the reform of the Security Council.

Briefly, the report notes that, since Member States have not changed their stated positions on Security Council Reform, in the present context the only way to move ahead with Security Council Reform is that negotiations on a transitional/intermediary arrangement be considered.

The report suggests that, on the basis of the latest consultations, the positions expressed by major interest groups are not likely to be fully realized in the short run. Considering the fact that Member States have shown a fair amount of interest in discussing a transitional approach, the report proposes that this be further explored. A transitional arrangement would entail the necessity to create a category of membership not currently provided for by the Charter.

The report offers some examples of the type of transitional arrangement that Member States may consider. Member States have discussed a plethora of different formulas for an intermediary arrangement to date. However, no matter what arrangement Member States will ultimately prefer, the report underlines that two key factors must be taken into consideration, notably, the addition of a mandatory review clause and the inclusion of a provision that would prevent medium/big size states from “flip-flopping” from one non-permanent category to the other, thus guaranteeing better chances for smaller States to also be elected periodically on the Council.

With regards to the mandatory review clause, the transitional approach assumes as an integral component a mandatory review to take place at a later date to assess and review the viability of any agreed arrangement, and is especially central to those aspects on which Member States cannot agree upon in negotiations. In the facilitators’ view, the review should also entail a comprehensive assessment of Security Council’s composition and working methods.

The report suggests that the issue of veto may be discussed within the framework of the reform of the working methods of the Council, for example in regards to limitations of its use.

As to the reform of the working methods, the report reminds Member States that this is a reform that could be approached and discussed independently since it does not require a Charter amendment. It also points out that the issue of working methods is linked to the review, the veto and the size of the Council, in particular with the aim at guaranteeing increased access for non-members to Security Council decision making.

Finally, the document also offers suggestions on how to proceed with the reform. According to the report, delegations agree that the next stage shall be based on negotiations, rather than consultations. The two facilitators suggest that negotiations should be based on the basis of a text containing concrete elements on all the negotiable issues highlighted in their report.