The United Nations
Chapter – 5

Table of Contents
- The Second World War created deep resentment against war among people.
- World leaders felt the need to form a global organization to prevent future wars of such magnitude.
- In 1941, efforts began to create an international organization.
- After discussions and negotiations, the United Nations (UN) was established in 1945 with fifty-one member-states.
- The UN was not the first international organization; the League of Nations was formed in 1919 after World War I.
- The League of Nations failed to maintain peace due to structural and functional weaknesses.
- The founders of the UN aimed to avoid the mistakes of the League of Nations.
- Despite its shortcomings, the UN has remained an effective and successful organization for over six decades.
THE ORIGIN OF THE UN
- The London Declaration of 12 June 1941 was the first formal attempt to create the UN, with nations fighting against Hitler announcing their intention for a world free of wars and based on social and economic equality.
- The Atlantic Charter of 14 August 1941 emphasized the need for an international body to maintain peace and security.
- On 1 January 1942, the anti-Axis coalition (26 countries) met in Washington DC to affirm the Atlantic Charter, where US President Franklin Roosevelt coined the term ‘United Nations’.
- The Washington Declaration also stressed the need to unite for peace.
- On 30 October 1943, Britain, US, China, and the Soviet Union announced in Moscow the need for a general international organization based on sovereign equality.
- This pledge was followed by the Tehran Declaration of 1 December 1943, calling for the participation of all nations to create a family of democratic states.
- A Great Power Conference was held at Dumbarton Oaks in 1944, where the Draft Charter of the UN was prepared.
- The draft was discussed and amended in several conferences in Washington DC and Yalta in 1944-1945.
- The Draft Charter was signed by 51 states on 26 June 1945 in San Francisco, and after ratification, the United Nations Organization was established on 25 October 1945.
- Articles 1 and 2 of the UN Charter elaborated its purposes and principles:
- Article 1: To maintain international peace and security, develop friendly relations based on equal rights and self-determination.
- Article 2: Based on the principle of sovereign equality of all members; members should refrain from the use of force inconsistent with the UN purposes.
- The purposes and principles of the UN are maintained through the activities of its different organs.
IMPORTANT ORGANS OF THE UN
The General Assembly
Composition and Voting
- Chapter IV of the UN Charter details the composition and functions of the General Assembly (GA), including its structure, activities, voting methods, and procedures for convening sessions.
- Article 9 states that the General Assembly consists of all member-states of the United Nations. In 2009, the UN had 192 member-states, and the GA had 192 members.
- Each member-state can send a maximum of five representatives, but only cast one vote. The GA can have up to 960 individuals attending but only 192 votes.
- Article 18 specifies that decisions on important questions require a two-thirds majority of members present and voting.
- Important questions requiring a two-thirds majority:
- Recommendations on international peace and security.
- Election of non-permanent members of the Security Council.
- Election of members of the Economic and Social Council.
- Admission of new members to the UN.
- Suspension of rights and privileges of membership.
- Expulsion of members.
- Questions related to the trusteeship system.
- Budgetary questions.
- Other decisions require a simple majority of members present and voting.
- Article 21 states that the General Assembly shall adopt its own rules of procedure and elect its President for each session.
- The regular session of the GA begins in the third week of September, with the President of the previous session in charge.
- The new Assembly elects its President for the next twelve months, as well as several vice-presidents and chairmen for standing committees.
- The regular annual session is held in New York.
- Article 20 allows for special sessions to be convened by the Secretary-General at the request of the Security Councilor a majority of member-states.
Major Functions of the General Assembly
- General Assembly (GA) is known for its discussions and debates, considered the biggest and most important platform for countries to exchange views.
- H. G. Nicholas calls it a ‘talking shop’ as it discusses almost all events happening globally.
- Article 11 (Part 2) allows the GA to discuss any question relating to the maintenance of international peace and security and refer necessary actions to the Security Council.
- Debates in the GA have great educational and informative values, raising attention to important world issues.
- A key function of the GA is the codification and development of international law, often referred to as a quasi-legislature.
- Article 13 emphasizes the GA’s role in encouraging the development of international law and human rights.
- The GA established the International Law Commission in 1948 and passed the Universal Declaration of Human Rights the same year.
- In 1965, the GA adopted a resolution on elimination of racial discrimination and signed two human rights contracts in 1966.
- The GA also performs political functions, gaining importance over time due to the shortcomings of the Security Council.
- In 1950, the GA passed the Uniting for Peace Resolution allowing it to take decisions if the Security Council is blocked by a veto.
- The GA promoted political change and peaceful settlements, such as the creation of Israel.
- The GA shares elective functions with the Security Council, electing the Secretary-General, judges of the International Court of Justice, new members to the UN, and non-permanent members of the Security Council and the Economic and Social Council.
- The GA supervises the activities of other UN organs, including the Security Council, Economic and Social Council, and the Secretariat.
- The Secretary-General works closely with the GA, serving as both a servant and a potential guide.
- The GA has miscellaneous functions, including scrutinizing and passing the budget of the UN, fixing member-states’ subscription rates, and playing a role in amending the UN Charter.
- Any major reform proposal requires a two-thirds majority in the General Assembly and approval from all five permanent members of the Security Council.
- These functions empower the General Assembly to play a prominent role in the UN system alongside the Security Council.
Evaluation of the Role of the General Assembly
- The framers of the UN Charter intended for the Security Council to be the prime organ of the UN.
- Structural weaknesses of the Security Council, especially during the Cold War, hindered it from fulfilling expectations.
- The concept of ‘great-power unanimity’ and collective security under the council failed due to rivalry between the superpowers.
- The General Assembly gained powers due to the weakness of the Security Council, particularly through the Uniting for Peace Resolution.
- The General Assembly is a truly representative organ with all member-states participating, unlike the Security Council.
- The Assembly serves as an important platform for discussion, debate, and negotiation, with increasing reliance from developing nations.
- The activities and responsibilities of the General Assembly have grown due to its role as an international platform for diplomacy.
- The Assembly is often criticized as being cumbersome and garrulous, with limited effective power.
- Reforms for the UN and the Assembly are frequently discussed, though the deliberative and recommending functionsof the Assembly remain important.
- These functions help the Assembly fulfill the UN’s primary responsibility: maintenance of international peace and security.
- The Assembly’s role in world diplomacy and meeting the expectations of member-states is essential to its importance.
The Security Council
Composition
- The Security Council is an essential organ of the UN for maintaining international peace and security.
- Article 23 of the UN Charter outlines the composition of the council.
- The Security Council consists of fifteen members: five permanent members and ten non-permanent members.
- The council’s membership was initially set at eleven (five permanent, six non-permanent) but was amended in 1965 to include ten non-permanent members.
- Permanent members: USA, Russia (replacing the Soviet Union), Britain, France, and China.
- The inclusion of big powers as permanent members aimed to ensure great-power unanimity to maintain peace and security.
- Non-permanent members are elected for two-year terms based on equitable geographical distribution, with no immediate re-election after their term.
- Each member-state has one representative and one vote in the Security Council.
- The council holds periodic meetings as needed.
Voting
- Voting system in the Security Council is controversial and outlined in Article 27 of the UN Charter.
- Each member has one vote, and decisions on procedural matters require an affirmative vote of nine members.
- For decisions on all other matters, nine members must vote affirmatively, including the concurring votes of the permanent members.
- The word “concurring” means if any permanent member opposes a proposed resolution, the resolution is discarded.
- This gives permanent members the power to nullify a proposed resolution, known as Veto Power.
- The Veto Power was designed to ensure great-power unanimity but became controversial during the Cold War.
Major Functions of the Security Council
- Security Council is responsible for the maintenance of international peace and security as per Article 24(1) of the UN Charter.
- A Military Staff Committee is under its control, though military power is the last resort.
- The council prioritizes peaceful settlement of disputes before military action.
- Pacific settlement of disputes (Chapter VI) emphasizes negotiation, conciliation, mediation, arbitration, and other peaceful means (Article 33).
- If peaceful efforts fail, Chapter VII (Articles 39-51) allows the council to act, including economic measures (Article 41) like interruption of relations, and military action (Article 42) if necessary.
- Article 43 requests armed forces from UN members for military action if needed, and Article 46 involves the Military Staff Committee in military planning.
- The council has powers for disarmament, particularly regulating armaments to prevent an arms race (Article 26).
- The Security Council also supervises strategic areas under the Trusteeship System (Article 83).
- Shares elective functions with the General Assembly, such as electing new members, Secretary-General, and judgesof the International Court of Justice.
- Vested with enormous powers in chapters VI, VII, VIII, and XII of the UN Charter.
Evaluation of the Role of the Security Council
- Security Council was intended to be the strongest UN organ but faced structural and functional weaknesses.
- Limited membership of only 15 countries out of 192 members criticized for lack of representation in crucial decisions.
- Decisions of the council do not reflect the majority of UN member-states.
- The concept of permanent membership to achieve great-power unity failed due to Cold War politics.
- Some nations (e.g., Germany, Japan, India, Brazil, South Africa) claim the right to permanent membership in a reformed council.
- Permanent membership and veto power seen as contributors to a crippled Security Council, with calls for their removal.
- Veto power initially to ensure great-power unanimity became problematic during the Cold War and post-Cold War, especially with USA using the council to serve its interests in a unipolar world.
- The council often became a pawn in global power politics, undermining its effectiveness.
- H.G. Nicholas noted the discrepancy between the council’s promise and its performance.
The Economic and Social Council
Composition
- Economic and Social Council (ECOSOC) created to secure socio-economic development and maintain international peace and security.
- Chapter X of the UN Charter outlines the composition, functions, and powers of ECOSOC.
- Article 61(1): ECOSOC consists of 54 members elected by the General Assembly.
- Initially had 18 members, increased to 27 and then to 54 in 1973.
- 18 members are elected annually for a 3-year term, with retiring members eligible for immediate re-election.
- Equitable geographical distribution principle followed for election.
- Article 61(4): Each member has one representative and one vote.
- Article 67: Decisions made by majority of members present and voting.
- ECOSOC holds two sessions each year: New York (April–May) and Geneva (October–November).
- A President is elected from a non-great-power member for the year.
- Decisions are taken by a bare majority of members present and voting.
Functions and Powers of the ECOSOC
- ECOSOC can initiate studies and reports on international economic, social, cultural, educational, health, and related matters.
- Can make recommendations to the General Assembly and specialized agencies.
- Article 68: Empowers ECOSOC to set up commissions in economic and social fields.
- Primary responsibility: Work for economic, social, educational, and cultural progress worldwide.
- Collaborates with specialized agencies to achieve its goals.
- Article 63: ECOSOC can enter into agreements with specialized agencies and coordinate their activities.
- Articles 57, 58, and 63: ECOSOC brings specialized agencies into relationship with the UN and coordinates their activities.
- Specialized agencies under ECOSOC: UNESCO, UNICEF, WHO, FAO, IMF, ILO, IDA, IAEA, ICAO.
- Agencies perform highly commendable work in various fields, earning ECOSOC a good reputation.
- ECOSOC functions through special and regional commissions.
- Special commissions: Statistical Commission, Population Commission, Commission for Social Development, Commission on Human Rights, Commission on the Status of Women, Commission on Narcotic Drugs.
- Regional commissions: Economic Commission for Europe, Economic and Social Commission for Asia and the Pacific, Economic Commission for Latin America, Economic Commission for Africa.
- Article 71: ECOSOC can cooperate with NGOs for socio-economic progress worldwide.
- Committee on Non-Governmental Organizations: ECOSOC’s main body for cooperation with over a thousand NGOs.
- ECOSOC can call international conferences on matters within its purview.
Evaluation of the Role of the ECOSOC
- ECOSOC is one of the most active UN organs with significant contributions to social, economic, and cultural development worldwide.
- Reflects humanitarian and peace-loving ideals more than other UN organs.
- Faces limitations due to coordination difficulties among its specialized agencies and commissions.
- Spends significant time supervising specialized agencies and collecting information, leading to a cumbersome process.
- Alleged domination by rich nations in some of its specialized agencies.
- ECOSOC has too many duties to handle, including economic, social, cultural, educational, ecological, humanitarian, and health issues.
- Works mainly through commissions and specialized agencies but has limited effective control over them.
- Lack of confidence in dealing with specialized agencies leads to uneven success across its activities.
- More successful in economic matters and at a regional level than in social or global areas.
- Reforms are necessary for more efficient operation of the council.
The Secretariat
Composition
- United Nations is a large organization with many departments, offices, and staff.
- Secretariat coordinates and controls all UN activities.
- Located in New York, the Secretariat is the center of all UN operations.
- Chapter XV of the UN Charter outlines the Secretariat’s composition and functions.
- Article 97 of the Charter states the Secretariat includes a Secretary-General and necessary staff.
- Staff is appointed from various countries, following the principle of equitable geographical distribution.
- Article 101(1): Staff is appointed by the Secretary-General under regulations set by the General Assembly.
- Article 101(3): Staff selection must maintain highest standards of efficiency, competence, and integrity.
- Staff must not receive instructions from any authority outside the UN.
Powers and Functions of the Secretariat
- UN Secretariat is a polyglot organization performing numerous activities to maintain the UN system.
- It provides services similar to a polyglot Parliament, including explaining, translating, and publishing proceedings, resolutions, documents, and minutes of the UN.
- Library services and legal/procedural assistance are provided to various UN bodies and specialized agencies.
- Nearly half of the Secretariat staff is involved in interpretation and translation to keep UN members and non-members informed.
- Responsible for publishing resolutions and debates in the official UN journal and conducting scientific researchrelated to UN activities.
- Gathers and provides global information on issues of importance to UN bodies and members.
- Information collection is crucial for ensuring the effectiveness of UN operations and decisions.
- Secretariat is also known as the International Civil Service and provides executive assistance to the UN.
- Technical assistance and pre-investment aid are provided to developing countries.
- The UN Field Service offers transport, communication, and security support to UN commissions in the field.
- Secretariat helps administer UN administrators to ensure they rise above national interests and maintain effective liaison with member-nations.
- Provides training and instructions for UN bureaucrats to adjust to their international roles.
- Constantly communicates with Foreign Affairs departments of member and non-member states to gather inputs for decision-making.
- Secretariat handles complex diplomatic and political functions, making it one of the most important tasks within the UN.
The Secretary-General
- Secretary-General (SG) is the most important person in the UN Secretariat, described as the chief administrative officer by Article 97 of the UN Charter.
- Appointment: The SG is appointed by the General Assembly upon recommendation of the Security Council, with agreement from all five permanent members. Term is typically five years.
- Prohibition: Citizens of permanent Security Council members cannot become SG.
- Functions of SG: Divided into political, administrative, financial, and representative categories.
- Political functions: The SG ensures international peace and security. Can bring matters threatening peace to the Security Council (Article 99).
- SG plays a key role in mitigating political crises (e.g., Korean War, Congo Crisis, Iraq and Afghanistan crises), despite challenges from internal political differences and big-power rivalry.
- SG is involved in promoting democracy, self-determination, human rights, and freedom globally.
- Administrative functions: SG supervises the general administration of the UN and all its major organs (Article 98). Must act independently without instructions from any government (Article 100).
- SG reports annually to the General Assembly on the UN’s work.
- Financial functions: SG prepares the UN budget, allocates funds, and collects subscriptions from member-states. No UN organ can spend without SG’s approval.
- Representative functions: SG represents the UN globally and participates in international forums, serving as the main link between the UN and the world.
- Appointing functions: SG appoints higher officials of the Secretariat and supervises their activities based on Article 101.
- Evaluation: SG holds significant influence but faces challenges due to group politics, red-tapism, and external pressures within the UN system.
- Despite challenges, SGs like U. Thant and Kofi Annan have made notable efforts in diffusing crises (e.g., Congo Crisis, Iraq, Afghanistan).
- Success of the SG depends on personal negotiation skills, personality, and ability to handle international relations.
International Court of Justice (The World Court)
- International Court of Justice (ICJ), also known as the World Court, consists of 15 judges appointed for nine yearswith a rotation every three years (five judges).
- Ad hoc judges may be added if a state party to a case has no citizen on the bench. Only states, not individuals or groups, can be parties in cases.
- It is customary for permanent members of the Security Council to have a judge from their country. Judges are appointed by the General Assembly on the recommendation of the Security Council.
- Qualifications for judges include expertise in international law, eligibility for the highest national court, moral character, and international repute.
- Judges’ salaries and allowances are decided by the General Assembly. After appointment, judges cannot hold politicalor administrative posts.
- The court is based in The Hague, Netherlands.
- Functions of the court include arbitrary, compulsory, and advisory jurisdiction.
- Arbitrary jurisdiction requires consent from the parties involved in a dispute to bring it to court.
- Compulsory jurisdiction covers matters in the UN Charter, international treaties, and penalties for violating international laws.
- The advisory jurisdiction allows the court to provide opinions on legal questions posed by General Assembly, Security Council, or other UN organs and agencies (Article 96).
- Many states signed the ‘optional clause’ agreeing to use the court for specific cases, such as the meaning of treaty clauses and breaches of international obligations.
- The court applies international conventions, customs, general principles of law, and judicial decisions from global publicists in its rulings.
- Notable successes of the World Court include cases between American nationals and Morocco, the Anglo-Iranian oil company dispute, and the El Salvador-Honduras border conflict resolution in 1992.
- Failures include decisions rejected by states, such as Albania rejecting the verdict on a British ship incident and Iranrefusing court jurisdiction in the US Embassy seizure.
- Critics argue that the court’s decisions may not always be impartial, with judges often favoring the countries they represent, and decisions being influenced by international politics.
- Weakness of the court: its decisions are often not accepted by member-states, with many not signing the optional clause.
- United States withdrew from the optional clause in 1986 after being sued by Nicaragua for CIA involvement, illustrating the impact of political factors on the court’s functions.
COLLECTIVE SECURITY
The Concept and Its Application
- Collective security refers to the concept where the security of a nation is the collective concern of all other nations.
- Introduced by the League of Nations in 1920, Article 16 of the League Covenant stated that an act of aggression by a state would be considered an act of war against all members, requiring economic, diplomatic, and military sanctions.
- The United Nations (UN) retained the idea of collective security in Chapter VII of its Charter, empowering the Security Council to initiate military action against an aggressor.
- The key phrase for collective security is ‘one for all and all for one’, as noted by Morgenthau.
- However, the UN did not solely rely on collective security, allowing member-states to retain the right to individual or collective defence outside the UN.
- The UN also adopted ‘preventive diplomacy’, which aims to prevent hostilities before they break out, offering an advantage over collective security.
- The first application of collective security by the UN was during the Korean War (1950-53), but the experience was problematic due to Cold War politics.
- The US and allies identified North Korea as the aggressor, while the Soviet Union and its allies disagreed, leading to political divisions in the UN.
- The Soviet Union’s absence from the Security Council allowed the UN Security Council to apply collective security against North Korea.
- When the Soviet Union returned, the General Assembly took over responsibility for collective security through the Uniting for Peace Resolution in November 1950.
- South Korea and the United States provided 90% of the military force in the Korean War, with China siding with North Korea, but many other states did not contribute.
- The failure of the collective security mechanism during the Korean War showed its limitations, and it has not been applied since.
Limitations of Collective Security
- Korean War exposed the limitations of collective security as a mechanism for peace.
- The ideal implementation of collective security requires united action against the aggressor, but this is difficult in practice.
- Consensus issues arise regarding the identity of the ‘aggressor’. Nations may disagree on who the aggressor is, leading to a lack of collective action.
- In the complex world of international politics, nations prioritize national interests over collective security principles.
- If the military strength of the aggressor and its supporters surpasses the collective UN force, it could potentially lead to another world war.
- Some countries may not be able to contribute military forces if they are dealing with domestic insurgencies or civil wars, weakening the collective security effort.
- Due to these limitations, collective security is seen as an idealistic concept and potentially dangerous for international peace.
- After the Korean War, the UN has not applied collective security, instead relying more on preventive diplomacy and other forms of diplomacy for maintaining peace.
UN PEACEKEEPING
- Peacekeeping activities of the UN are not explicitly mentioned in the UN Charter, only partially referred to in Chapters 6 and 7.
- Initially, peacekeeping missions were extensions of the collective security mechanism, where member-states provided military forces to the UN.
- Over time, peacekeeping became a continuous activity with forces, like the Blue Helmets, staying in war zones for decades.
- Blue Helmets do not fight wars, they are sent by the Secretary-General at the invitation of a host government to monitor peace and dissuade violence.
- Their presence is authorized by a global body, and they can leave the area if the government requests it.
- Security Council now controls peacekeeping operations, and General Assembly approves the funding for such operations, which appropriates a large portion of the UN budget (e.g., $2.6 billion by 2000).
- Challenges to peacekeeping arise in cases of civil war, government collapse, or severe famine (e.g., Somalia, 1993).
- Peacekeeping works best when a ceasefire is agreed upon by all parties.
- Since 1948, the UN has launched numerous peacekeeping missions, with sixteen missions still ongoing.
- UN peacekeeping involves two major functions: observation and peacekeeping.
- Observers are unarmed personnel sent to monitor situations and report to the UN, focusing on human rights, democracy, and ceasefires.
- Peacekeepers are lightly armed, helping to dissuade violence, negotiate, and maintain impartiality for success.
- Post-Cold War, peacekeeping evolved from military tasks to multidimensional activities aimed at building sustainable peace.
- Tasks include governance, human rights monitoring, security sector reform, and the reintegration of combatants.
- UN peacekeeping now also addresses intra-State conflicts and civil wars.
- The Blue Helmets remain crucial, but missions now involve administrators, economists, legal experts, police officers, and other specialists in diverse areas.
UN PEACEMAKING
- UN peacemaking is different from peacekeeping, with peacemaking initiated after the Cold War.
- In 1992, UN Secretary-General Boutros Boutros-Ghali proposed creating a peacemaking force to enforce ceasefiresand intervene with heavily armed military personnel.
- Peacemaking forces would respond quickly, unlike peacekeepers, who often took months to reach a troubled zone.
- Ghali’s proposals were not fully accepted but set the foundation for future peacemaking efforts by the UN.
- Peacemaking today includes military measures and preventive diplomacy.
- Preventive diplomacy and UN efforts helped resolve conflicts in El Salvador, Guatemala, Namibia, Cambodia, Mozambique, Tajikistan, Bougainville, Afghanistan, Sierra Leone, Burundi, and the North-South conflict in Sudan.
- UN peacemaking, peacekeeping, and conflict prevention activities contributed to a 40% decline in armed conflictglobally since the 1990s.
- Preventive diplomacy has defused an undetermined number of potential conflicts.
- In June 2007, the UN established the Peacebuilding Commission (PBC) to support countries emerging from conflict.
- The PBC plays a role in coordinating efforts, mobilizing resources, and proposing post-conflict recovery strategies.
- The PBC works with international donors, financial institutions, national governments, and troop-contributing countries.
- The General Assembly and Security Council resolutions created a Peacebuilding Fund and Peacebuilding Support Office to form the UN peacebuilding architecture.
HUMAN RIGHTS AND THE UNITED NATIONS
- UN has always supported human rights, with a mention in the Preamble of the UN Charter, affirming faith in fundamental human rights and promoting social progress.
- Universal Declaration of Human Rights (UDHR) was created by General Assembly Resolution No. 217A on 10 December 1948.
- In 2006, the UN created a Human Rights Council to monitor human rights activities globally.
- Human rights organizations of the UN are divided into charter-based bodies (originating from the UN Charter) and treaty-based bodies (based on legal instruments).
- Sub-Commission on the Promotion and Protection of Human Rights was established in 1946, later replaced by the Human Rights Council Advisory Committee (HRCAC) in 2007.
- The Human Rights Council (established in 2006) monitors human rights through special procedures, involving rapporteurs, independent experts, and working groups.
- The Human Rights Council also conducts a universal periodic review of each state’s human rights obligations.
- The Commission on Human Rights (established in 1946) was replaced by the Human Rights Council after 2006.
- The Office of the High Commissioner for Human Rights was created in 1993 to support UN human rights bodies.
- Committee on Economic, Social and Cultural Rights supervises the International Covenant on Economic, Social and Cultural Rights.
- Committee against Torture supervises the Convention against Torture.
- Committee on the Elimination of Discrimination Against Women supervises the Convention on the Elimination of All Forms of Discrimination Against Women.
- Committee on the Protection of the Rights of Migrant Workers supervises the Convention on the Protection of Migrant Workers.
- Committee on the Elimination of Racial Discrimination supervises the International Convention on the Elimination of All Forms of Racial Discrimination.
- The Human Rights Committee supervises the International Covenant on Civil and Political Rights and considers individual appeals.
- Committee on the Rights of the Child supervises the Convention on the Rights of the Child.
- The UDHR, though non-binding, sets a guideline for UN member states to protect human rights and freedoms globally.
- The UDHR remains an essential document despite its idealistic nature, offering a framework for human rights protection.
UN REFORM PROPOSALS
- Over six decades have passed since the establishment of the UN.
- International relations and world politics have undergone radical changes, especially after the Cold War.
- The bipolar nature of world politics has ended, and former major powers like Britain and France have lost significance.
- New economic and political powers such as Japan, Germany, European Union, India, and Brazil have emerged.
- With these changes, demands for UN reform have increased from various sections within and outside the system.
- The UN is contemplating internal reforms at both structural and functional levels to adapt to changing needs.
- Major reforms would require an amendment of the UN Charter, which is a difficult process.
- Minor reforms, not requiring charter amendments, can be initiated quickly if there is political will among member-states.
Minor Reforms
- Financial reforms are crucial for the UN’s functioning, as about two-thirds of members are in arrears, causing financial crises.
- Member-states must be compelled to pay dues on time, with interest for late payments and condemnation in the General Assembly for those in arrears.
- Security Council aspirants must clear contributions for recognition.
- Internal financial reforms on budget ceilings, voting, allocation to programmes, and staffing are necessary.
- Unorthodox financing methods, such as consultancy charges and cost-sharing with regional associations benefiting from peacekeeping, should be explored.
- Financial reforms are only possible with genuine political will.
- Peacekeeping operations grew post-Cold War, with an ad hoc system replacing the Military Staff Committee (MSC) system due to Cold War tensions.
- Boutros Boutros-Ghali proposed a standing force and rapid action force for peacekeeping, though creating such forces would require Charter amendments.
- Alternative funding could come from defence budgets, tax on arms sales, air travel levies, and tax exemptions for donations.
- Secretariat reforms could include appointing the Secretary-General for one seven-year term to increase independence and responsibility.
- The Secretariat staff should be minimized, and recruitment should be merit-based, avoiding political favoritism.
- Neutrality of the Secretariat is essential for a truly responsive international civil service.
- The International Court of Justice (ICJ) has non-mandatory attendance and only one-third of members accept its jurisdiction.
- Reforms include making ICJ attendance mandatory and encouraging its use in dispute settlements among member-states.
Major Reforms
- Major UN reforms require reorganizing principal organs and amending the Charter, a difficult process generating much debate.
- General Assembly is a large, inefficient body; reforms suggest reducing representatives to two per nation or basing them on population for better effectiveness.
- Making resolutions binding and increasing the frequency of meetings (preferably every two months) would enhance the Assembly’s power and efficiency.
- Economic and Social Council (ECOSOC) is complex and suffers from coordination issues between commissions and specialized agencies.
- Reform proposals include centralizing control with an appointed commissioner or administrator to ensure accountability, or focusing on information collection and feasibility studies while leaving fieldwork to the UNDP.
- ECOSOC could be reduced to a 30-member body with three-year terms and charge NGOs and MNCs for services, addressing financial issues.
- Security Council restructuring is a major topic, with debates about the number of members, permanent members, and veto power.
- The P-5 (permanent members) are no longer the dominant global powers; Britain and France are often considered for exclusion.
- Germany and Japan are preferred for permanent membership due to their economic contributions, but this raises questions about representation from the developing world.
- A 24-member council with no permanent membership is proposed, where each member serves a two-year term and chairs for one month.
- The idea of collective security is criticized due to superpower rivalry and national interests overriding global cooperation.
- A reformed Security Council would have no veto power, decisions would be made by majority vote, and resolutions would be binding on all UN members.
- The General Assembly and Security Council should work together through consultations and working parties.
- Any reform of the Security Council would face resistance from the P-5, who might block changes against their interests.
Other Reforms
- UN reform proposals include retaining the organization’s fundamental structure as a nation-state system, while also recognizing the role of non-state actors like MNCs and NGOs.
- The nation-state system (starting with the Treaty of Westphalia in 1648) can no longer address many modern global problems like pollution and health hazards, which require international cooperation.
- MNCs are major global economic actors with more assets than central reserve banks, and have become global entitiesdue to the free market economy.
- The UN can cooperate with MNCs for financial solutions, potentially charging them for services provided, though the UN has struggled to effectively manage these relationships.
- A proposal is to include MNCs in General Assembly committees or as specialized agencies of ECOSOC, allowing them to work in specific areas and charge fees for such services.
- NGOs have been part of the UN since its inception, with consultative status under Article 71 of the UN Charter.
- NGOs can attend meetings of ECOSOC bodies and specialized agencies, but their role could be strengthened within the UN system.
- MNCs currently lack formal status at the UN, while NGOs have consultative status, but both need increased participation in global decision-making.
- Proposals include creating committees in the General Assembly for MNCs and NGOs to express their views on resolutions, facilitating dialogue with nation-states.
- In the era of globalization, both states and non-state actors must cooperate, and the UN should enable MNCs and NGOs to contribute to global efforts in peace, security, and development.