Doc. 8822

13 September 2000

The United Nations at the turn of the new century

Report

Political Affairs Committee

Rapporteur: Mrs Hanne Severinsen, Denmark, Liberal, Democratic and Reformers’ Group

Summary

The Rapporteur supports the Secretary General of the United Nations in his efforts to reconsider how the United Nations should respond to crisis and which means should be employed in case of massive and systematic violations of human rights with grave humanitarian consequences. She strongly encourages the United Nations to develop a strategy of conflict prevention and to enhance its capacity of preventive diplomacy.

The Council of Europe can substantially contribute to the conflict prevention. Its legal framework of protecting human rights and its mechanism of monitoring the obligations and commitments stemming from membership of the Organisation are examples of expertise in the field.

Consequently, the Rapporteur welcomes the inclusion of an item “co-operation between the United Nations and the Council of Europe” on the agenda on the General Assembly’s 55th session. This is a major step in increasing co-operation between the two organisations. The next step should be that the Council of Europe obtains the status of a regional organisation under Chapter VIII of the UN Charter.

Council of Europe member states are encouraged to support the Secretary General of the United Nations in his efforts to reform the Security Council. Without making it more effective and transparent, the United Nations will not be able to enjoy the legitimacy it merits. It is to be regretted that certain member states hamper the normal functioning of the United Nations by not respecting their financial obligations to it.

I.       Draft recommendation

1.       The Assembly recalls its Recommendations 1367 (1998) on reform of the United Nations and 1411 (1999) on relations with the United Nations aiming at promoting the United Nations reform process and stepping-up co-operation between the two organisations.

2.       It regrets that the reform of the Security Council has so far failed. It fears that the United Nations will not be able to enjoy the legitimacy it merits without adapting the Security Council to today’s world and challenges, including economic, social and environmental dimensions of the security, and without making the Security Council more effective and transparent.

3.       It fully supports the efforts taken by all states within the framework of the United Nations, including during the Millennium Assembly, to adapt the Security Council to new world realities and challenges, to upgrade its functioning capacity and to further strengthen the central role of the United Nations in maintaining international peace and security as well as in establishing the rule of law in the world of the 21st Century based on the strict and unconditional implementation by states of the provisions of the United Nations Charter.

4.       It encourages further improvement in the relationship with the civil society, as well as in making the United Nations a more modern and flexible organisation through structural reform.

5.       At the beginning of the 21st century, the role of the United Nations in the world security system needs to be more clearly defined. Since the Assembly’s last recommendation, events in Kosovo, East Timor and Africa have prompted a debate of world-wide importance on the role of the Organisation and, especially, on the right for a regional organisation to take military action in the absence of a mandate of the United Nations Security Council.

6.       The Assembly fully supports the Secretary General of the United Nations in his efforts to reconsider how the United Nations should respond to crisis and which means should be employed in cases of massive and systematic violations of human rights with grave humanitarian consequences. The Assembly understands the difficult balance between legal, political and moral factors and the collision between national sovereignty and the rights of individuals. Humanitarian intervention should be based on legitimate and universal principles set by the United Nations.

7.       The Assembly also gives its full backing to the initiatives taken by the Secretary General of the United Nations to enhance the United Nations’ capacity for preventive diplomacy. It strongly encourages the United Nations to develop a strategy of conflict prevention.

8.       The Council of Europe can substantially contribute to the prevention of conflicts. Its legal framework of protection of human rights and its mechanism for monitoring the obligations and commitments stemming from membership of the Organisation, as well as its activities in the field of building democratic security, confidence-building measures, child protection, social cohesion, protection of national minorities, and fight against racism demonstrate its expertise in the field.

9.       The decision of the Committee of Ministers to seek the inclusion on the agenda of the General Assembly of the United Nations of an item on “Co-operation between the United Nations and the Council of Europe” is very welcome. Such debate could allow the two Organisations to step-up co-operation, while making better use of available resources and avoiding duplication.

10.       Reiterating its Recommendation 1367 (1998), the Assembly considers it important that the Council of Europe participate fully in the work of the United Nations not only as an observer, but as a regional organisation as defined in Chapter VIII of the United Nations Charter.

11.       The Assembly regrets that the United Nations normal functioning has been hampered by the lack of financial resources. It finds it unacceptable that certain Council of Europe member states have failed to respect their financial obligations to the United Nations.

12.       The Assembly welcomes the Declaration of the Conference of Presiding Officers of Parliament, which was organised by the Inter-Parliamentary Union in cooperation with the United Nations on 30 August -1 September 2000 in New York.

13.       The Assembly encourages the United Nations to start developing, in close co-operation with the Inter-Parliamentary Union, a parliamentary dimension of the Organisation with competencies similar to that of the Parliamentary Assembly of the Council of Europe. Such a body could contribute to finding new solutions when government policies have reached a deadlock.

14.       The Assembly calls on the parliaments of Council of Europe member states to debate annually the activities of the United Nations, with a view to producing policy guidelines for their governments, based on reports of parliamentarians participating in their national delegations to the General Assembly of the United Nations.

15.       The Assembly invites the Committee of Ministers to call on the governments of the Council of Europe member and observer states to:

i. reaffirm their commitment to the United Nations as the source of legitimacy of international military interventions and peace-keeping operations;

ii. ensure that the United Nations is given the necessary resources to carry out its mandate;

iii.       pay their dues, regularly and unconditionally, and where appropriate, their arrears, in order to ensure the proper functioning of the organisation;

iv.       support the proposals of the Secretary General of the United Nations for renewing the role of the United Nations as contained in his Millennium report, and in particular in:

v.       start developing a parliamentary dimension to the work of the United Nations through:

vi.       ratify, as soon as possible, the Rome Statute of the International Criminal Court and act according to Assembly Recommendation 1408 (1999);

vii.       actively contribute to the follow-up of the Millennium events.

16.       The Assembly recommends that the Committee of Ministers introduce a procedure of identifying on a regular basis questions of common interest debated in the United Nations in order to take a stand on them and co-ordinate initiatives taken by Council of Europe member states.

I. Explanatory memorandum by the Rapporteur

Contents

I.       Introduction

II.       Examples of challenges facing the UN

      A.       Kosovo

III.       Presentation of the role of the UN to the Sub-Committee (of the Political Affairs Committee) on relations with non member countries in New York

      (25-27 October 1999)

IV.       Reforming the UN: proposals of the Secretary General and follow-up

V.       Role of the Council of Europe in the framework of K. Annan's "doctrine"

VI.       Conclusions

Appendix 1 :        Address by Mr Kofi Annan at the 4th plenary meeting of the 54th Session of the General Assembly of the United Nations on 20 September 1999

Appendix 2 :       Executive Summary of Mr Kofi Annan's report "We the Peoples : the role of the UN in the 21st century"

Appendix 3 :       Countries under Article 19 of the UN Charter

I.       Introduction

1.       During the recent years the Assembly has debated on several occasions matters concerning the United Nations1 (UN) in order to improve its contribution to the work of the UN, its reform process, as well as to step up co-operation with it.

2.       Recent dramatic events, such as the Kosovo conflict and its outcome, the conflicts in East Timor and in Sierra Leone, have prompted a debate of world-wide importance on the role of the UN. Besides, while the needs and demands continue to increase, the UN finds itself with limited resources.

3.       It is at this very moment, at the start of a new century, that the parliamentarians should play unique role in helping the UN to meet this increasing number of challenges. Furthermore, it is the right time to show support to the proposals of the UN Secretary General and to reaffirm that the Council of Europe is in a position to make a major contribution to the UN’s work on the strengthening of democratic security and enhancing preventive diplomacy on the European continent.

II. Examples of challenges facing the United Nations

4.       Since 1999, several issues such as Kosovo, East Timor and Sierra Leone took prominence on the agenda of the UN Security Council. The UN finds itself in a difficult situation in today’s circumstances and era of crisis. Its own decision-making system has left it paralysed in several recent conflicts. Consequently, as was the case in Kosovo, a group of States took military action in the absence of a Security Council mandate. These cases have provoked a debate on the right to take military action outside the UN mechanism for enforcing international law, as well as on peacekeeping operations.

1. The Security Council’s current composition and working methods seem clearly not suitable

for the 21st century. It is therefore regrettable that the reform of the Security Council has so far failed. Without making it more effective and transparent, the UN will not be able to enjoy the legitimacy it merits. Today the work of the UN in a conflict situation asks for a difficult search of a delicate balance of political and moral factors, and efficient co-ordination between the different international and regional organisations. The major challenge is that the UN should remain effective and neutral, while not becoming an obstacle for action.

A.       Kosovo

6.       The conflict in Kosovo is a significant example of a crisis in which the Security Council left the UN paralysed. Although the humanitarian disaster could be predicted, the international community failed to prevent it. As the international efforts to bring the different partners to sign an agreement failed and the Security Council was unable to decide on the use of force to stop massive

abuses of human rights from continuing, a group of States under NATO took the decision to intervene.

7.       In June 1999, with the adoption of the Security Council Resolution 1244 (1999), United Nations Mission in Kosovo (UNMIK) was set up with a view of deploying international civil and security presence. The Assembly has on several occasions underlined that the basis for normalisation of the situation in Kosovo should be full and strict implementation of the UNSC Resolution 1244. Today a NATO military presence has not been able to fully secure the rights of those living in Kosovo. As long as the ethnic Albanian and Serb communities in Kosovo are not ready to reconcile neither NATO nor UN can force them to live peacefully together. UNMIK, headed by Mr Bernard Kouchner, has set up an interim administrative council with four UN and four local representatives (including one Serb). Kosovo Serbs ended their boycott of this structure and sent their representative to a meeting in the beginning of April 2000. This can be considered as a major step forward, as Mr Kouchner has struggled to bring the two ethnic groups together.

8. There is growing concern over the increasing politically associated violence with the approach of the municipal elections, scheduled to take place on 28 October 2000. While some 90 per cent of Kosovo’s Albanians participated in the registration process, the vast-majority of Kosovo Serbs, as well as Kosovo Turks, failed to do so. The municipal elections could be a major step in the right direction, under the condition that the participation all Kosovars, living both inside and outside Kosovo, be high.

9. The Council of Europe has supported the UN in its efforts to find a peaceful settlement to the situation in Kosovo. It has offered its co-operation, in its field of competence, to political and institutional reconstruction in the region. The Council of Europe will observe the electoral process and co-ordinate the observation efforts of the international community.

B. Peacekeeping operations

10. There is no doubt that at present peacekeeping constitutes a core activity of the UN. Far-reaching changes are required in order to avoid the failure of preventing humanitarian catastrophies from happening, as was the case in Rwanda (1994) and in Srebrenica in Bosnia and Herzegovina (1995). Your Rapporteur encourages the Secretary General of the UN to carry out major reforms in the structure and management of its peacekeeping operations, as has been urged by the Panel of Independent Experts at the end of August 2000.

11. The Panel of Independent Experts made a series of recommendations, of which one is extremely valuable. It proposes that the Security Council should not finalise resolutions authorising large peacekeeping missions until member States have pledged the necessary troops and resources.

12.       Today 40 per cent of the peacekeeping activity concerns Africa. In several of these cases, there is a need for peace enforcing rather than peacekeeping. The UN peacekeepers, especially on the African continent, are poorly equipped to keep and even more so to enforce peace. Lacking human and financial resources to manage the crisis on the African continent, the UN at times relies on regional forces.

13.       In spite of the adoption of reduced budgets and efforts to enhance its efficiency and cost-effectiveness, the persistent refusal by some member states to meet their financial obligations seriously threatens the normal functioning of the UN and in particular so of peacekeeping operations. Without renewed commitment from the member states and far-reaching reforms, along the lines put forward by the Panel of Independent Experts, the peacekeeping operations can be neither successful or credible.

C.       The International Criminal Court

14.       50 years ago, the UN first recognised the need to establish an international criminal court, to prosecute crimes such as genocide. The events in the Former Yugoslavia and Rwanda, for which ad hoc tribunals were established by the UN Security Council, spurred international interest in the need for a permanent mechanism to prosecute mass murderers and war criminals.

15.       The Statute of the International Criminal Court (ICC) was adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court in Rome on 17 July 1998. In his report on the work of the Organisation2, Mr Annan considered that it was a "watershed in the history of international co-operation for the promotion of human welfare and for the universal realisation of human rights".

16.       The Rome Statute of the ICC will enter into force after 60 countries have ratified it. As of July 2000, there are 98 signatures and only 14 ratifications. Among countries, which ratified the Statute, there are 6 Council of Europe member states: Belgium, France, Iceland, Italy, Norway and San Marino.

17.       A Preparatory Commission for the International Criminal Court adopted the Rules of Procedure and Evidence of the Elements of Crimes for the future Court on 30 June 2000.

18.       Mr Kofi Annan has been constantly urging UN Member States to ratify the Statute and to take necessary steps for its implementation, so as to consolidate and extend the gains achieved in bringing to justice those responsible for crimes against humanity.

19.       The indictment of President of FRY, Mr Milosevic, by the ad hoc Tribunal for the Former Yugoslavia in June 1999 for crimes against humanity in Kosovo has renewed interest in the key role a permanent court could play. Besides, it seems that a permanent court would serve as a stronger deterrent than ad hoc bodies.

20.       In its Recommendation 1408 (1999) on the ICC3, the Council of Europe Parliamentary Assembly recommends that the Committee of Ministers invite the member states and the observers states, inter alia, to ratify as soon as possible the Statute of the ICC, make a financial contribution towards the functioning of the Court, not avail themselves of the clause in Article 124 which makes it possible to escape the court's jurisdiction for 7 years, and refuse to enter into agreements with states which are not parties to the statute in order to prevent nationals of their country who are accused of crimes against humanity from being handed over the court.

21.       It should also be noted that in its programme, the Italian Chairmanship of the Committee of Ministers of the Council of Europe invites Member States to sign and ratify the Statute of the ICC.

III.       Presentation of the role of the UN to the (Political Affairs Committee) sub-committee on relations with non-member countries in New York (25-27 October 1999)

22.       The last visit of the sub-committee on relations with non-member countries to New York took place on the occasion of the 54th General Assembly of the UN (25-27 October 1999). During that visit, the President of the Parliamentary Assembly, Lord Russell-Johnston and the sub-committee held useful discussions with Mr Kofi Annan, UN Secretary General, Mr Sergey Lavrov, then the President of the UN Security Council, as well as several representatives of the Secretariat. The sub-committee participated in the 54th General Assembly and in a meeting of the parliamentarians attending that General Assembly and convened by the Inter-Parliamentary Union (IPU). A brief summary of these meetings is given below.

23.       In general, the sub-committee noted that the Council of Europe is poorly known at the UN and this is in large part due to the fact that the Council of Europe is not permanently represented at the UN.

A.       Meeting with Mr Kofi Annan, Secretary General

24.       The President of the Parliamentary Assembly and the sub-committee conveyed to the Secretary General the Assembly’s increasing interest in the UN and its wish to see the Council of Europe recognised as a regional organisation in the meaning of the UN Charter. Members of the sub-committee also mentioned the view that the parliamentary dimension to the UN should be

strengthened. The Secretary General attached great importance to the role of the parliamentarians in contributing to the work of the UN. In context of conflicts and their resolution by the UN, the Secretary General explained that the structure of the Security Council - from 1949 - was neither democratic nor representative. It could be possible to reform it while remaining effective.

25.       He stressed that the UN attaches increasing importance to the co-operation with regional organisations and explained that some current developments (e.g. Kosovo) have pushed him to initiate a discussion at the UN level on the issue of national sovereignty versus the rights of individuals, which he considers as absolutely necessary.

B. Meetings with High Officials of the UN

26.       The issue of tension between the traditional notion of sovereignty and the respect of human rights was raised by the then President of the UN Security Council, Ambassador Lavrov, who referred to the situation in Kosovo and in East Timor. He fully sympathised with the stopping of human rights violations, but only if it was done without violating international laws. The international community should be shifting from the culture of reaction to prevention and the General Assembly, which was a universal body, should discuss how to react to humanitarian crisis.

27.       As regards reform of the Security Council, Ambassador Lavrov considered that any expansion of the Security Council should be limited, especially when it comes to expansion of voting rights (decision making). For the sake of efficiency he considered 20-21 the maximum number of members.

28.       The role of the General Assembly, according to the Under-Secretary General, Mr Yongjian, had increased during the recent years. Most of the delegations to the General Assembly included also parliamentarians. Besides, they also participated through NGOs.

29.       The meeting with the Chairman of the Third Committee (Human Rights and Social Affairs), Mr Galuska, revealed that EU countries had a common stand on most of the issues discussed in the Committee. This was not the case with Council of Europe member states.

30.       As regards co-operation with the Council of Europe, the General Director of the UN Office in Geneva, Mr Petrovsky, said that the strategic aim was to make UN standards uniform with Council of Europe standards. The Tripartite process, which brings together the UN, the Council of Europe and OSCE, was joined by the ICRC, the IOM, as well as by the European Commission. The Geneva Office was in close contact with NGOs, which constituted an important element in the UN’s contacts with the civil society. Council of Europe needed a lobby to have its voice heard at the UN. New York was a major decision-making centre of the UN, whereas Geneva was the centre of operational activities.

C.       Inter-Parliamentary Union meeting

31.       On 25 October 1999, the sub-committee participated in a meeting of members of parliament, convened by the Inter-Parliamentary Union (IPU), and to which some 150 parliamentarians or parliamentary officials from 50 countries took place. This meeting was addressed by the President of the General Assembly, the Secretary General, the Assistant Secretary General for External Relations, the Under-Secretary General for Political Affairs, the Under-Secretary General for Humanitarian Affairs, and the Under-Secretary General for Economic and Social Affairs.

32.       The meeting concentrated on major challenges facing the UN. During the discussions, several representatives of the UN underlined the importance of the role played by the parliamentarians in implementing the resolutions of the UN. The UN had signed an Agreement on Co-operation with the IPU, which added a parliamentary dimension to its work. The Secretary General said in his address to the meeting that this Agreement was an ideal way to connect national parliaments to the UN. He also said that the parliamentarians were “… the institutional bridge between the State and civil society. You are the link between local and global. You are among the vital partners needed to build peace in the broadest sense of the word.”

33.       The President of the General Assembly, Mr Theo-Ben Gurirab, also underlined the importance of the IPU gathering in the conjunction with the meeting of the UN General Assembly. He said that it allowed for the parliamentarians to be briefed by the senior UN officials on issues placed on the agenda of the General Assembly. He said “the UN General Assembly is the world’s most prestigious Parliament, now comprising 188 United Nations Member States, from the smallest to the biggest, from the richest to the poorest. It is the world itself.”

IV.       Reforming the UN: proposals of Mr Kofi Annan and follow-up

A.       Proposals of 1997: “Renewing the United Nations: a programme of reforms”:

34.       In July 1997, Mr Kofi Annan presented to the UN General Assembly a set of measures and recommendations - Programme for Reform4 - aimed at achieving greater unity of purpose, coherence of efforts, reduction of costs and flexibility in response of the UN. This aim was to be attained by the reorganisation of all UN activities and management structure.

35.       The General Assembly endorsed the main elements of the reform package proposed by the Secretary General and asked him to further elaborate on some elements of his proposals, including the "Millennium General Assembly" in the year 2000.

36.       In his report on the work of the Organisation in 1999, the Secretary General explored ways of moving from a "culture of reaction" to a "culture of prevention".

B.       The question of “humanitarian intervention”

i.       National sovereignty and the rights of individuals

37.       Addressing the General Assembly at its 54th Session on 20 September 1999 (see appendix 1), Mr Kofi Annan initiated an intense debate at the UN level on problem of tensions between national sovereignty and the defence of human rights.

38.       Referring to the genocide in Rwanda and to the conflict in Kosovo, he raised the dilemma of what has been called "humanitarian intervention": on one side the question of the legitimacy of an action taken by a regional organisation without an UN mandate; on the other, the universally recognised imperative of effectively halting gross and systematic violations of human rights with grave humanitarian consequences.

39.       Mr Annan suggested that it is not the deficiencies of the UN Charter, which have brought to this juncture but "our difficulties in applying its principles to a new era - an era when strictly traditional notions of sovereignty can no longer do justice to the aspirations of peoples everywhere to attain their fundamental freedoms".

40.       He stressed that the core challenge to the Security Council and to the UN as a whole in the next century would be to force unity behind the principle that massive and systematic violations of human rights --wherever they may take place -- should not be allowed to stand.

41.       Mr Kofi Annan identified 4 aspects of interventions holding important lessons for resolving future conflicts:

3.       The Security Council should be able to cope with the challenge.

C.       Millennium Events and Millennium Report on the role of the United Nations in the 21st Century

42.       As a follow up to the 1997 Programme for Reform, the General Assembly decided in December 1997 (Resolution 53/202) to designate the 55th session Assembly to be opened on 5 September 2000 as "The Millennium Assembly of the United Nations". In endorsing the proposal put forward by the Secretary general, the Assembly decided that the turn of the century constitutes a unique and symbolically compelling moment for the membership of the UN to articulate and affirm an animating vision for the UN in the new era.

43.       Besides, on 6-8 September 2000, the Heads of state and/or Government of the Member States if the UN will meet in New York for the Millennium Summit. It should be a historic opportunity to agree on a process for fundamental review of the role of, and challenges facing the UN in the new century.

44.       According to the Secretary General 's recommendation, civil society organisations held on 22-26 May 2000 a Millennium Forum at UN Headquarters.

45.       Furthermore, a Summit of Presiding Officers of Parliaments organised by the IPU will be held at UN headquarters on 30 August-1 September 2000. The Assembly will be represented at this meeting by its Presidential Committee.

46.       On 3 April 2000, Mr Kofi Annan presented its Millennium Report "We the Peoples: The role of the United Nations in the 21st Century". The report, divided into 7 chapters, identifies pressing challenges faced by the world's peoples and proposes a number of priorities for member States to consider at the Summit (See Appendix II: summary of the Report)

47.       Mr Annan points out that the present model of development is unsustainable, unless remedial measures are taken by common agreement. He considers that we must act to reduce extreme poverty by half before 2015 and, among other things, he urges African governments to give higher priority to reducing poverty, and the rest of the world to help them. To secure the freedom of future generations to sustain their lives on this planet, Peoples, as well as governments, are urged to commit themselves to a new ethic of conservation and stewardship.

48.       Concerning peace and security, Heads of State or Government are urged, in particular, to strengthen respect of international law, address the dilemma of intervention, strengthen the capacity of the UN to conduct peace operations (a high level panel has been established to review all aspects of peace operations and suggest way forward) and to agree on measures to make economic sanctions impact less harshly on innocent populations and more effective in bringing pressure to bear on target regimes.

49.       Chapter VI is dedicated to the renewal of the UN. In the review of the implementation of the 1997 Programme for Reform, Mr Kofi Annan stresses that since he launched the "quiet revolution" in 1997 to make a more effective organisation, management procedures have been streamlined, resources have shifted from administration to development work, cabinet-style management has been introduced and co-ordination among the far-flung members of the UN has greatly improved.

50.       However, he also concludes that there is still a need for "real structural reform" and outlines that resources are "simply not commensurate with global tasks".

51.       He requires the support of the General Assembly in making a more results-based organisation, both in its staffing and its allocation or resources.

52.       Besides, Heads of State or Government are urged to reform the Security Council, ensure that the Organisation is given the necessary resources to carry out its mandate, ensure that the Secretariat makes best use of those resources in the interest of all Member States, and give full opportunities to NGOs and other non-state actors to make their indispensable contribution to the work of the organisation.

53.       To conclude, the Secretary General lists shared values, reflecting the spirit of the Charter, which are of particular relevance to the new century : Freedom; Equity and Solidarity, Tolerance; Non-Violence, Respect for Nature; and Shared Responsibility. He urges the Millennium Summit to adopt a series of resolutions, drawn from the body of the report.

54.       As Committee's Rapporteur, I consider that these proposals represent a solid base for renewing the role of the UN and should be supported. The Millennium events are a unique occasion to tackle the challenges facing the Organisation and this opportunity should not be missed.

D.       Reform of the Security Council

55.       In 1993, the General Assembly established an Open-Ended Working Group of all member states to consider the reform of the Security Council. It deals with the most politically sensitive of the UN reforms : any changes concerning the Security Council are likely to require a revision of the UN Charter. The Groups focuses on size, composition and the decision-making procedures as well as on improvements in the working methods of the Council.

56.       Progress has been achieved on a number of changes to the working methods, which should lead to more transparency in the Council procedures. For example, in 1999, the Security Council held open debates on thematic issues including children and armed conflicts and the situation in Africa.

57.       Unfortunately, since the last debate of the Assembly on the Reform of the UN, in April 1998, no progress has been made on key issues. Among the outstanding issues are still the enlargement of the permanent membership, the power of veto for possible new members, the general revision of veto powers and the duration of the term of office for non-permanent members.

58.       Mr Kofi Annan is again urging UN Member States to tackle this challenge without delay and to reform the Security Council, in a way that both enables it to carry out its responsibilities more effectively and gives it greater legitimacy in the eyes of all the world's peoples.

V.       Role of the Council of Europe in the framework of K. Annan’s “doctrine”

A.       Basis for co-operation

i.       Legal Basis

59.       The relationship between the Council of Europe and the United Nations is based on the Agreement of 15 December 1951. The Agreement was updated in 1971 through the Arrangement on Co-operation and Liaison between the secretariats of the Council of Europe and the UN. The Council of Europe has also concluded agreements with a number of UN bodies and specialised agencies such as the ILO (1951), UNICEF (1952), WHO (1952), UNHCR (1952), UNESCO (1952) and FAO (1956).

60.       The UN involvement in humanitarian, peacekeeping and other missions in a number of Council of Europe member states or countries that have requested membership -such as Bosnia and Herzegovina, Armenia and Azerbaijan - has grown up over the recent years. It led to the development of a more informal, pragmatic and ad hoc forms of co-operation with the Council of Europe, particularly at a country level.

61.       In 1994, the holding of high-level tripartite meetings became established between the Office of the United Nations in Geneva, the OSCE and Council of Europe. These meetings are used for exchanging information and improving practical co-operation.

iv.       Observer status at the UN General Assembly

62.       On 17 October 1989, the UN General Assembly granted Observer Status to the Council of Europe. The observer seat, with few exceptions, has so far remained empty, mainly because of lack of resources to ensure adequate participation.

v.       Parliamentary Assembly

63.       The Assembly has made its own arrangements for relations with the UN as well as with a number of UN bodies and specialised agencies, e.g. the UNHCR, UNDP, ECE/UN, UNESCO, ILO, IMF and the World Bank (See the Activities of the Council of Europe 1999 Report).

64.       The situation of relations between the two organisations has already been debated several times by the Council of Europe Parliamentary Assembly with a view to step-up co-operation.

65.       Order 553 (1999) on relations with the United Nations adopted on 21 June 1999, instructs its Political Affairs Committee to hold a meeting of its Sub-Committee on Relations with non-member States in principle once a year in New York on the occasion of the UN General Assembly. The next meeting will therefore take place during the Millennium Assembly in October/November 2000.

B.       Recommendation 1411 (1999) on relations with the UN

66.       In its last recommendation on Relations with the UN5, the Assembly reiterated its proposals to strengthen co-operation. It recommended that the committee of Ministers:

-        hold a debate on questions of high importance to Council of Europe which are on the agenda of the UN General Assembly with a view to adopting a common position to be presented in the UN General Assembly and its committees by its chairman or representative.

-        ensure the presence of a CoE representative at the UN General Assembly when questions of high importance for the CoE are discussed

-        encourage and further develop co-operation between CoE and various UN bodies and agencies

67.       The Assembly further asked the Chairman of the Committee of Ministers to:

-       formally propose that the item "co-operation between the UN and the CoE" be included on the agenda of the sessions of UN General Assembly

-       instructs its representative with the UN to provide material assistance to representatives of CoE participating in the work of the UN General Assembly and to provide assistance in distributing selected CoE documents in the form of UN General Assembly documents.

68.       Besides, the Assembly reiterated the validity of the request for recognition of CoE status as a regional organisation in the meaning of the UN Charter.

69.       The Sub-Committee on relations with non-member countries (of the Political Affairs Committee) had an exchange of views on 27 January 2000 with Ambassador Erkki Kourula, Permanent Representative of Finland to the Council of Europe and rapporteur of the Committee of Ministers on Relations with the United Nations.

70.       Your Rapporteur notes with satisfaction that in its Reply to Recommendation 1411, adopted on 21 and 26 June 2000, the Committee of Ministers informs the Parliamentary Assembly that it will seek the inclusion on the agenda of the 55th Regular Session of the General Assembly of the United Nations of an item “Co-operation between the United Nations and the Council of Europe”.

71.       In an explanatory report by Ambassador Kourula on behalf of the Committee of Ministers (Doc. 8716), he supported the Assembly recommendations except the one concerning the status of Regional organisation under Chapter VIII of the UN Charter. He did not recommend that the Council of Europe seek formal recognition of this status. While recognising that politically, a certain amount of added status and influence could possibly be acquired through this status and that it could also enhance the Council of Europe's role as a model for other continents in the fields of human rights, democracy and the rule of law as well as prevention, he argues that this status "might become an issue should the Council of Europe wish to engage in enforcement action under Chapter VII of the UN Charter, depending on the interpretation of the Charter language. Regional enforcement action, including in principle also e.g. diplomatic and economic sanctions, requires Security Council authorisation, subject to the right of veto".

72.       However, your rapporteur does not share the view that Council of Europe sanctions could be considered as "enforcement action" within the meaning of the UN Charter and would therefore require the authorisation of the Security Council.

73.       I therefore reiterate the Assembly repeated request for recognition of status of regional organisation.

74.       As regards the common position of Council of Europe member states in the General Assembly, Ambassador Kourula rightly points out that the Security Council is at present politically more important than the General Assembly. He considers that it is not excluded that the Security Council could be interested in holding a debate on an issue of high priority to the Council of Europe. Your Rapporteur encourages any steps taken towards such a development.

75.       Nevertheless, your Rapporteur wants to stress the importance of the Committee of Ministers in identifying issues that are of interest to the Council of Europe and that it seeks a common position on them in order to create the indispensable “we-feeling”. The Chair-in-Office of the Committee of Ministers should be made responsible for ensuring that those common positions are made known to the United Nations.

C.       Further contribution

76.       The Council of Europe has a unique mechanism for establishing political and legal standards. It is actively contributing to the strengthening of democratic security in Europe and it could make a major contribution in those fields where its expertise is well recognised. The United Nations should benefit from this experience.

i.       Strengthening of democratic security in Europe

77.       The Council of Europe, by providing a legal framework for the protection of human rights and supervising the monitoring of the obligations and commitments stemming from membership of the organisation, can contribute effectively to strengthening democratic security in Europe.

78.       The Committee of Ministers is indeed monitoring general obligations assumed by all Member States under the Council of Europe Statute, the European Convention on Human Rights and other Council of Europe Conventions.

79.       Besides, the Monitoring Committee of the Council of Europe Parliamentary Assembly is monitoring specific obligations undertaken by new Member States upon accession. The Committee is currently monitoring Albania, Croatia, Georgia, Latvia, Moldova, Russia, Turkey and Ukraine.

80.       In April 2000, the Russian Federation organised in Caucasus, under the auspices of the Council of Europe, a regional seminar on federalism and Democratic institutions.

81.       Another seminar on "democracy, rule of law and human rights", again organised under the auspices of the Council of Europe took place in Vladikavkaz in May 2000 with the participation of representatives of the Russian authorities, the North Caucasus Republics of the Russian Federation, including Chechnya, the Council of Europe, as well as the OSCE, EU, UNHCR and NGO's.

82.       The Council of Europe’s Human Rights Commissioner, Alvaro GIL-ROBLES visited the region several times. He made a number of recommendations including the holding of this seminar, the cessation of military operations in order to pave the way for political dialogue between all the forces involved in the conflict, and the setting-up of the Office of Human Rights in the Republic. The latter recommendation was followed by the decision of Russian President Vladimir Putin to appoint Vladimir Kalamanov his Special Representative for human rights in Chechnya, in charge of the Office.

83.       Besides, three members of the Council of Europe Secretariat are working in Mr Kalamanov’s Office.

84.       The Council of Europe may make a major contribution in those fields where its expertise is well recognised: the rule of law, human rights, social and economic rights and parliamentary democracy. Collaboration has already increased on specific situations and issues. Co-operation in Kosovo and participation in the organisation of the UN World Conference against racism are recent significant examples.

85.       Since 1999, increased co-operation between has taken place in management of the Kosovo conflict. The Council of Europe has been present in Kosovo since the very start of the international presence led by the Special representative of the Secretary General. It has been actively contributed to the drafting of the UN Secretary-General's reports on the UN Interim Administration in Kosovo (UNMIK) in the areas of judiciary and local administration. The Council of Europe secretariat has been involved in assessing human rights, situation, the judiciary, legislation in criminal matters and property laws, local administration, training of judges, protection of children and education. A Council of Europe Secretariat Office has been established in Pristina on the basis of Security Council Resolution 1244 (1999). And, as mentioned earlier, the Council of Europe has been involved in monitoring the electoral monitoring process of the forthcoming municipal elections, as well as in observing them in due time.

86.       A UN World Conference against racism, racial discrimination, xenophobia and related intolerance will take place in summer 2001 in South Africa. At the invitation of the European Union, the Council of Europe co-ordinates European preparations for the World Conference in the form of a pan-European Conference on theses topics, scheduled to take place in Strasbourg on 11-13 October 2000.

87.       The Parliamentary Assembly of the Council of Europe is a parliamentary body within a European organisation with a general mandate, covering all aspects of the co-operation in Europe except defence, with a pan-European membership of national parliamentarians. Unlike other assemblies with intergovernmental European structures, the Assembly has a unique statutory position and several significant responsibilities within the Council of Europe.

88.       Through its recommendations, its resolutions, the monitoring procedure and through direct involvement in the field, ranging from fact-finding missions to mediation, the Assembly is increasing its political influence within the Council of Europe. Its is also actively involved in conflict resolution and post-conflict rehabilitation efforts, in defending human rights, protecting national minorities, and expanding European legal space.

89.       It is a European place for searching for solution to new challenges and a world parliamentary forum on economic matters. It holds a debate every year on the activities of the Organisation for European Co-operation and development (OECD), associating on an equal footing parliamentary delegations from Council of Europe member states and delegations from non-European OECD member countries such as Australia, Canada, Japan, Mexico, New Zealand, South Korea and USA.

90.       Concerning the UN, your Rapporteur and the Assembly have repeatedly encouraged a better participation of parliamentarians in their national delegations to the General Assembly.

91.       UN Officials often stress that the parliamentarians are represented in the NGO groupings. This cannot be considered as being sufficient as parliamentary dimension to the work of the UN. The IPU meeting in the conjunction of the General Assembly is a major step towards giving the General Assembly a more parliamentary outlook. Our Assembly should continue to co-operate fully with the IPU in this aspect.

VI. Conclusions

Reforming the United Nations

92.       Little has been done to reform the UN following the Programme for reforms launched by Mr Kofi Annan in 1997. The failure to reform the Security Council is especially disappointing, and it is hampering the United Nations capacity to enjoy the legitimacy it merits. The conflicts in Kosovo, East Timor and Africa, are examples of this. Furthermore, major reform of the peacekeeping operations is required now that it has become a core activity of the Organisation.

93.       The legitimacy of the United Nations has been challenged and its normal functioning has been seriously hampered by a lack of financial resources. Your Rapporteur regrets that two Council of Europe member States, Georgia and Moldova, have been deprived of their right to vote in the General Assembly under the terms of Article 19 of the UN Charter. According to Article 19, those member States that have not paid their financial contributions will have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years (Appendix 3). It should be noted that two other Council of Europe member States, Ukraine and the Russian Federation, have not paid their full share of their contributions, but they do not yet fall under the terms of Article 19. The United States, which is the largest contributor to the UN's budget, is not paying its dues in full either. In spite of efforts to enhance the organisation's efficiency, the precarious financial situation represents a serious threat. As mentioned above, it is already evident in the field of peacekeeping.

94.       The Millennium Report of the UN Secretary General "We the Peoples: the role of the United Nations in the 21st century" represents a solid base for adapting the UN to the challenges it is facing and should be actively supported.

95.       The move from a "culture of reaction" to a "culture of prevention" as well as the issue of humanitarian intervention need to be addressed with particular attention.

96.       The Millennium events are a unique opportunity to step-up the reform of the UN, including that of the Security Council. Besides, efforts to build-up a civil service based on merit and to introduce a parliamentary dimension to the work of the UN should be continued.

97.       Parliamentarians should help the UN to meet this increasing number of challenges and support the proposals of UN Secretary General.

The role of the Council of Europe

98.       By providing a legal framework for the protection of human rights and supervising the monitoring of the obligations and commitments stemming from membership of the organisation, the Council of Europe is in a position to make a major contribution to the UN's work in the strengthening of democratic security on the European continent. It also may make a major contribution in those fields where its expertise is well recognised: the rule of law, human rights, social and economic rights and parliamentary democracy.

99.       This contribution qualifies it to be regarded as a regional organisation within the meaning of Chapter VIII of the United Nations Charter. Consequently, as already stressed, the Council of Europe should be associated with any future arrangements concerning other regional organisation.

100.       Co-operation between both organisations has very much stepped up since 1997. But much remains to be done to enhance Council of Europe's visibility in the UN. In this respect, Assembly's proposals contained in Recommendations 1411 (1999) on Relations with the UN should be implemented.

Reporting committee : Political Affairs Committee

Reference to committee : Order No. 500 (1994)

Budgetary implications for the Assembly : none

Draft recommendation unanimously adopted by the committee on 4 September 2000

Members of the committee : Mr Davis (Chairman), Mrs Ojuland (Vice-Chairperson), Mr Toshev (Vice-Chairman), MM Arzilli (alternate : Mr Riccardi), Atkinson (alternate : Mr Taylor), Mrs Bakoyianni, MM. Bársony, Behrendt, Bergqvist, Björck, Blaauw, Bühler (alternate : Mr Hornues), Clerfayt, Daly, Demetriou, Derycke, Dokle, Dreyfus-Schmidt, Mrs Durrieu, Mr Evangelisti, Mrs Feric-Vac, Mr Frey, Mrs Fyfe, MM. Gjellerod, Glesener, Gligoroski, Gross, Gül, Iwinski, Mrs Kautto, MM Kirilov, Kotsonis, Krzaklewski, Kuzmickas, Lupu, Martinez Casan, Medeiros Ferreira, Meier, Mota Amaral, Mutman, Nedelciuc, Mrs Nemcova, MM. Neuwirth (alternate : Mr Lemoine), Oliynyk, Pahor, Palmitjavila Ribo, Prusak, de Puig, Mrs Ragnarsdottir, MM Rogozin, Saakashvili, Schieder, Schloten, Selva, Sinka, Spindelegger, Mrs Squarcialupi (alternate : Mr Diana), Mrs Stanoiu, Mrs Stepová, MM Surjan, Thoresen (alternate : Mr Simonsen), Timmermans, Vella, Weiss, Zuiganov (alternate : Mr Zhirinovsky), N…….. (alternate: Mr Manchulenko).

N.B. The names of the members who took part in the meeting are printed in italics

Secretaries of the committee: Mr Perin, Mrs Ruotanen, Mr Sich, Mrs Hügel

1 Most recent texts :

-       Recommendation 1367 (1998) on the reform of the United Nations adopted on 22 April 1998 ; Doc. 8052 Reform of the United Nations (Rapporteur : Mrs Hanne Severinsen)

2 1/54/1, Chapter 5 : the international legal order and human rights

3 Recommendation 1408 (1999) International Criminal Court adopted on 26 May 1999; Doc 8401, report of the Committee on Legal Affairs and Human Rights, rapporteur : Mr Marty

4 See Doc 8052, 1 April 1998, Reform of the United Nations (Rapporteur : Mrs Hanne Severinsen, Denmark, LDR)

5 Recommendation 1411 (1999) Relations with the United Nations adopted on 21 June 1999 and

Document 8431, 2 June 1999, Rapporteur : Mrs Hanne Severinsen