A REFORMED UNSC IS THE BEST BET FOR PRESERVING THE INTERNATIONAL PEACE

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THE CONTEXT: The Ukraine crisis has crossed a critical point, with Russia following up its recognition of rebel regions in eastern Ukraine (Donbas region)- Donetsk and Luhansk with a full-fledged invasion to “demilitarise” and “denazify” Ukraine. The United Nations Security Council (UNSC), on 27 February 2022, voted to convene an emergency special session of the General Assembly to consider a resolution on the situation in Ukraine, vetoed by Russia.

ABOUT UNITED NATIONS SECURITY COUNCIL (UNSC)

United Nations Security Council was established by 51 countries in 1945.

• It has primary responsibility, under the UN Charter, for the maintenance of international peace and security.
• The Security Council is made up of fifteen member states, consisting of five permanent members (P5)—China, France, Russia, UK, and the USA—and ten non-permanent members elected for two-year terms by the General Assembly on a regional basis.
• Election of non-permanent members: Non-permanent members are elected by a two-thirds vote of the UN General Assembly. The main criterion for eligibility is contribution “to the maintenance of international peace and security,” often defined by financial or troop contributions to peacekeeping operations. Present non-permanent members are mentioned in the table.
• Subsidiary organs supporting the council’s mission include Counter-Terrorism Committee, Sanctions Committee, Peace Keeping Operations, International Courts, and Tribunals.

UNSC and UNGA

• The Council also makes recommendations to the General Assembly to appoint a new Secretary-General and to admit new members to the UN. Security Council decisions are formal expressions of the will of the Council.
• The Security Council, the United Nations’ principal crisis-management body, is empowered to impose binding obligations on the 193 UN member states to maintain peace.
• The council’s presidency rotates every month, ensuring some agenda-setting influence for its ten non-permanent members, which are elected by a two-thirds vote of the UN General Assembly.
• The unconditional veto possessed by the five permanent members has been seen as the most undemocratic character of the UN.
• “Veto power” refers to the power of the permanent member to veto (Reject) any resolution of the Security Council.
• Critics claim that veto power is the main cause for international inaction on war crimes and crimes against humanity.
• Supporters of the veto power regard it as a promoter of international stability, a check against military interventions, and a critical safeguard against U.S. domination.

FOUR CASES IN RECENT PAST WHERE THE UN SYSTEM APPEARS TO HAVE FAILED QUITE VISIBLY

FIGHT AGAINST COVID:

• UNSC failed to hold China accountable; in fact WHO teams so far have not been able to conclude on the origins of the virus, particularly because they have not yet been able to get access to Chinese laboratories.
• The biggest international threat of the century, UNSC in particular is widely criticized for ‘Missing In Action in the fight against the Coronavirus.
• UN Systems failed to ensure the equitable distribution of the vaccines: many African nations (so-called third world nations) are waiting for their access to the first shot of vaccine whereas the developed countries /first world countries have already started with booster doses and are stockpiling the vaccines. It is not that they are not sharing but still they are not sharing on a scale where the entire world has access.
• As an outcome of this we see a situation where 4 million are dead and no one yet is held responsible for the origins of the virus, fear of new variants or another virus still keeps the world on toes.

COUP IN MYANMAR:

• Myanmar Military (Junta) last year February took over the democratically elected government, putting the elected leaders in prison, slapping them with national security cases, and even declaring a full emergency.
• UNSC has held at least 3 rounds of discussions on the issue but has taken no action yet against the Junta for the coup.
• All this comes against the already persisting and unresolved situation of the Rohingya Refugees and humanitarian crises.

TALIBAN TAKEOVER OF AFGHANISTAN:

• So far there have been three discussions in UNSC over the issue and one resolution but have not been able to deliver any binding or punitive statement rather at present the resolution shows the Taliban as the default force ruling the country.
• The UN has also failed to instill the idea of UN-led Transitional Council unlike in the case of East Timor where it ran the transitional council until it handed over after the independence of the country.

RUSSIA’S MILITARY ACTION ON UKRAINE:

• Russia vetoed a UN Security Council resolution, that would have demanded that Moscow immediately stop its attack on Ukraine and withdraw all troops.
• This significantly clears the doubt surrounding the abuse of veto powers being used by P5 countries.

ISSUES AND PROBLEMS WITH UNSC

GROUP OF ELITES:

• The winners of WW2, P5 members (France, Russia, United Kingdom, China, and United States) hold the veto powers and all the members are nuclear powers, only addressing the strategic interests and political motives of the permanent members.

ANACHRONISM OF PRESENT TIMES: 

• The veto powers that the UNSC’s five permanent members enjoy are an anachronism in this age. The UNSC in its current form has become a constraint in understanding the international changes and dynamics in the area of human security and peace.

POWER PLAY IN UNSC:

• Divisions among the P5 i.e. there is a deep polarization within the UN’s membership, so decisions are either not taken, or vetoed.
• Frequent divisions within the UNSC P5 end up blocking key decisions.
• Example: With the coronavirus pandemic emergence, the UN, the UNSC, and WHO failed to play an effective role in helping nations deal with the spread.

ABSENCE OF RECORDS AND TEXTS OF MEETINGS:

• The usual UN rules don’t apply to the UNSC deliberations, and no records are kept of its meetings.
• Additionally, there is no “text” of the meeting to discuss, amend or object.

IRONIC CONDITION:

• The main purpose of the UN in maintain peace and stability in the world. Five permanent members of the UN Security Council are the top five largest arms dealing countries in the world.

EFFECTIVENESS AND RELEVANCE:

• Unable to respond effectively to the emerging international conflicts and other humanitarian crises.

AN UNDER-REPRESENTED ORGANISATION:

• The existing gaps in terms of the under-representation of regions especially from Africa, Asia, and Latin America are crippling the UNSC as a global institution governing international peace and security.
• The absence in the UNSC of the globally important countries – India, Germany, Brazil, and South Africa – is a matter of concern.

REFORMS IN UNSC

WHAT SHOULD BE THE APPROACH:

• Reforms must reflect contemporary global realities and for this purpose, the reform of the UN including the expansion of the UNSC in both permanent and non-permanent categories is essential.

REGIONAL REPRESENTATION CHANGING GEOPOLITICS:

• European bias in P-5 due to the presence of the UK, France, and Russia while regions like Latin America, Caribbean group, Arabs and Africa do not have a single permanent member.
• There is a need to overcome the European and Western hegemony and have equitable geographical representation.
• The victors of World War II shaped the United Nations Charter in their national interests, dividing the permanent seats, and associated veto power, among themselves.
• It has been 76 years since the foundation of UNSC and the geopolitical realities have changed drastically and the structure of UNSC should also reflect the same.

QUESTION OF VETO:

• Veto power is grossly misused by the permanent members in their own interests. This also badly affects the conduct of the business of UNSC as many important proposals involving substantive issues get blocked. The Veto shall be rarely and cautiously used by world leaders.

TRANSPARENCY AND WORKING METHODS:

• While the expansion of the Security Council has been hotly debated across the world, debate on the working methods of the Council is an equally important aspect of reform to many member states.
• Participative, consultative, and democratic approaches to the functioning of the UN in general and UNSC, in particular, should be adhered to.

KOFI ANNAN MODEL FOR REFORMS – 2005:

• In 2005, the Former UN secretary-general presented two models for a total of 24 seats in the council.
• Model A: Six new permanent seats, with no veto being created, and three new two-year term non-permanent seats, to have representation from all regions.
• Model B: No new permanent seats but create a new category of eight 4-year renewable-term seats and one 2-year non-permanent and non-renewable seat.

CHALLENGES FOR REFORMS

AMENDMENT TO UN CHARTER:

This amendment involves a two-stage process:

• Stage I: General Assembly must approve the reform by a two‑thirds majority (i.e. at least 128 states).
• Stage II: amended Charter must then be ratified by at least two‑thirds of the member states, including the five permanent Council members.
• This process includes all Security Council’s permanent members, and they may not take a step to curb their own powers.

POLITICAL WILL AND INTEREST OF P5:

• Every country’s actions are based on its national interests and no one likes to get its power diluted.
• There has been no consensus reached among the UN members including the P5, on how to adjust the Security Council’s structure and in particular how to increase the number of new permanent members.

INTERGOVERNMENTAL NEGOTIATIONS:

• There is no coherence in the approach of supporters of UN reforms, The G4 bid has been opposed by a few countries, whereas other groups like Coffee Club opposed adding countries as permanent members.
• 13-member group that includes Pakistan and is known as United for Consensus (UfC) has been in opposition to adding more permanent members to the council.

INDIA AND UNSC

Why India should be admitted as a permanent member?

• The expansion of the Security Council, in the category of both permanent and non-permanent members, and the inclusion of countries like India as permanent members, would be a first step in the process of making the United Nations a truly representative body.
• At the core of India’s call for reformed multilateralism, lies the reform of the UN Security Council, reflective of the contemporary realities of today. When power structures continue to reflect the status quo of a bygone era, they also start reflecting a lack of appreciation of contemporary geopolitical realities.
• The Charter of the United Nations, alongside the call for a geographically balanced distribution of seats, also expressly states that countries that make considerable contributions to the UN should be members of the Security Council.
• India’s performance as a non-permanent member of the Security Council during 2011- 2012 has also significantly strengthened India’s claim to permanent membership
• By any objective criteria such as population, territorial size, GDP, economic potential, civilizational legacy, cultural diversity, political system, India is eminently suited for permanent membership of an expanded UNSC.

Why should India bid for a permanent seat in UNSC?

• Largest democracy in the world.
• 3^rd largest economy.
• Home to 1/6^th of the total world population.
• One of the largest peacekeeping contributors to the UN.

INDIA IN UNSC AS A NON-PERMANENT MEMBER FOR THE EIGHTH TERM (2021-2022)

INDIA’S 5-S APPROACH:

• SAMMAN – Respect
• SAMVAD – Dialogue
• SAHYOG – Cooperation
• SHANTI – Peace
• SAMRIDDHI – Prosperity

NEW OPPORTUNITIES FOR PROGRESS:

• As a rule-abiding democracy and a positive contributor to the security of the global commons, India should work constructively with partners to bring innovative and inclusive solutions to foster development.
• India calls for greater involvement of women and youth to shape the new paradigm.

EFFECTIVE RESPONSE TO INTERNATIONAL TERRORISM:

• Addressing the abuse of ICT by terrorists.
• Disrupting their nexus with sponsors and transnational organized criminal entities.
• Stemming the flow of terror finance.
• Strengthening normative and operative frameworks for greater coordination with other multilateral forums

COMPREHENSIVE APPROACH TO PEACE AND SECURITY:

India’s vision for international peace and security is guided by:

• Dialogue and cooperation.
• Mutual respect.
• Commitment to international law.

INDIA ON RUSSIA-UKRAINE ISSUE:

• India strongly emphasized the need for all sides to exercise the utmost restraint and intensify diplomatic efforts to ensure a mutually amicable solution.
• India abstained from voting on the UNSC resolution condemning the Russia’s aggression on Ukraine.

WHAT SHOULD BE THE WAY FORWARD FOR INDIA?

• India should leverage its past experiences as a non-permanent member.
• India also needs to revitalise its engagement with its traditional partners in the “global south” by voicing their peace and security concerns in the UNSC. In this context, two sub-groups of the global south should be of particular interest: the Small Island States and Africa.
• The G4 nations of India, Brazil, Germany and Japan have reaffirmed that it is “indispensable” to reform the Security Council through an expansion in permanent and non-permanent seats to enable the UN organ to better deal with the “ever-complex and evolving challenges” to the maintenance of international peace and security.
• It’s been clear for some time now that the global multilateral order is not fit for its purpose. The Covid pandemic, Afghan issue, Nagorno-Karabakh issue and now Russia’s military action on Ukraine have only made the world more aware of the real-time consequences of this gradual decay. The United Nations Security Council has faced a lot of flak for not representing today’s international power realities and for not being able to shape the global discourse on the changing nature of security. Reforms in the UNSC and other multilateral institutions are the need of the hour.

THE CONCLUSION: The reform of the UNSC is a crucial issue on the current international agenda. Its progress will determine the effectiveness of the work of the whole UN system for the foreseeable future. The efforts in this area should be aimed, first of all, at enhancing the Council’s ability to promptly and effectively react to emerging challenges. This becomes even more relevant today as we witness multiple crises and conflicting situations.

Mains Ques:

1. Discuss the role and functions of UNSC in present times.
2. There have been many criticisms of Veto power held by the P5 nations in UNSC. Is it undermining the mandate of UNSC? Analyse.
3. Today’s peace and security challenges require a comprehensive and integrated approach, harmonizing national choices and international priorities. Analyse in context of Russia-Ukraine crises.