UNITED NATIONS: IDEALS, CHALLENGES, AND REFORM PROSPECTS

THE CONTEXT: The United Nations (UN) was established in 1945, succeeding the League of Nations, with the primary goal of preventing future conflicts, promoting peace, and fostering international cooperation. Its preamble begins with “We the people,” emphasizing a democratic vision where all member states have equal standing. Article 2 of the Charter further underscores the principle of sovereign equality of all its members. However, from its inception, the UN’s structure has been marred by contradictions between these ideals and its operational mechanisms, particularly in the Security Council.

ACHIEVEMENTS OF THE UNITED NATIONS

• • Peacekeeping Operations: Since 1948, the UN has been instrumental in deploying over 70 peacekeeping missions worldwide. Notable successes include peacekeeping efforts in Namibia (1989-1990), which led to its independence from South Africa, and Cambodia (1991-1993), which helped stabilize the country after years of civil war. As of 2023, there are approximately 12 active peacekeeping missions across conflict zones such as Mali, Lebanon, and South Sudan.
  • Promotion of Human Rights: Adopting the Universal Declaration of Human Rights (UDHR) in 1948 remains one of the UN’s most significant accomplishments. Establishing various human rights treaties, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child, has strengthened global human rights norms. The UN Human Rights Council monitors violations and provides a platform for addressing abuses worldwide.
  • Humanitarian Assistance: The UN has been crucial in coordinating humanitarian aid through agencies like the World Food Programme (WFP) and the United Nations High Commissioner for Refugees (UNHCR). The WFP won the Nobel Peace Prize in 2020 for its efforts to combat hunger globally. The UNHCR has assisted millions of refugees displaced by conflicts in Syria, Afghanistan, Myanmar, and other regions.
  • Sustainable Development Goals (SDGs): In 2015, the UN adopted the 2030 Agenda for Sustainable Development, which includes 17 Sustainable Development Goals (SDGs) aimed at eradicating poverty, reducing inequality, promoting gender equality, ensuring environmental sustainability, and fostering global partnerships. These goals build on the success of the earlier Millennium Development Goals (MDGs), which contributed to reducing extreme poverty by half between 1990 and 2015.
  • Climate Change Action: The UN has been a key player in addressing climate change through initiatives like the annual Conference of Parties (COP) under the United Nations Framework Convention on Climate Change (UNFCCC). Landmark agreements like the Kyoto Protocol (1997) and the Paris Agreement (2015) have set ambitious targets for reducing greenhouse gas emissions globally.

STRUCTURAL IMBALANCES AND CONTRADICTIONS:

• • The Security Council’s Veto Power: The most glaring contradiction lies in the veto power granted to the five permanent members (P5) of the Security Council—the United States, Russia, China, France, and the United Kingdom. This veto power allows any P5 member to block substantive resolutions regardless of majority support. This mechanism has often paralyzed decision-making on critical global issues such as humanitarian crises and conflicts. For instance:
    • Russia’s veto on resolutions regarding its invasion of Ukraine in 2022.
    • China’s veto on discussions surrounding human rights violations in Xinjiang.
  • The veto power is seen as undemocratic because it contradicts the principle of equal representation. Non-permanent members and smaller states have little influence over global peace and security decisions.
  • Representation Issues: The P5 reflects the geopolitical realities of 1945 but not today’s multipolar world. Emerging powers like India, Brazil, Germany, and Japan (G4 nations) have called for permanent seats on the Security Council to better reflect contemporary global dynamics. Africa, Latin America, and other regions remain underrepresented despite their growing geopolitical importance.
  • Accountability Deficit: The P5 can use their veto power to shield themselves from accountability even when involved in human rights violations or conflicts. This undermines the UN’s credibility as a justice and human rights promoter.

REFORM PROPOSALS:

• • Abolition or Limitation of Veto Power: One ambitious proposal is to abolish veto power entirely; however, this is unlikely as any amendment to the UN Charter requires approval from all P5 members. A more feasible approach is limiting veto use through initiatives like the “Responsibility Not to Veto” (RN2V), which suggests that P5 members refrain from using their veto in cases where their core interests are not involved or when there is overwhelming international support for action.
  • Security Council Expansion: A widely discussed reform proposal is to expand permanent membership to include G4 nations (India, Germany, Japan, Brazil) or other major regional powers like South Africa and Nigeria. However, critics argue that expanding membership without addressing veto reform could complicate decision-making processes.
  • Alternative Veto Mechanisms: Scholars like Keith L. Sellen have proposed a “double majority” system where resolutions would require approval from a majority of all Security Council members and at least three P5 members. Another proposal by Michael J. Kelly suggests allowing the General Assembly to override a P5 veto if a majority supports it.
  • Customary International Law Development: Some scholars argue that evolving norms like the “Responsibility to Protect” (R2P) could provide a workaround for veto paralysis. R2P has been invoked in cases like Kosovo and Libya to justify humanitarian intervention despite opposition from some P5 members.

OBSTACLES TO REFORM:

• • P5 Resistance: The P5 are reluctant to relinquish or dilute their power. For example, Russia has consistently opposed reforming veto power or expanding permanent membership.
  • Charter Amendment Difficulties: Any formal amendment to the UN Charter requires approval from two-thirds of UN member states and all P5 members—a nearly impossible hurdle given current geopolitical tensions.
  • Geopolitical Rivalries: Competing national interests among current P5 and aspiring permanent members complicate consensus-building on reform proposals. For instance:
    • China opposes India’s bid for permanent membership due to regional rivalries.
    • Brazil’s candidacy faces opposition from neighboring countries like Argentina.

IMPLICATIONS FOR GLOBAL GOVERNANCE:

• • Ineffectiveness in Crisis Management: The UN’s inability to act decisively in major conflicts—such as Syria’s civil war or Israel-Palestine tensions—has raised serious questions about its relevance in maintaining international peace. Inaction often results from deadlock within the Security Council due to competing interests among P5 members.
  • Erosion of Legitimacy: The contradiction between democratic ideals and unequal representation undermines trust in the UN’s legitimacy as a global governance body. Developing countries often feel marginalized in decision-making processes that directly affect them.
  • Emergence of Alternative Mechanisms: In response to UN inefficacy, regional organizations like NATO or coalitions such as G20 increasingly take on roles traditionally reserved for the UN—whether conflict resolution or addressing global challenges like climate change or pandemics.

INSTANCES HIGHLIGHTING UN FAILURES

• • Syria (2011-Present): Despite widespread international condemnation of atrocities committed during Syria’s civil war, repeated Russian vetoes have blocked meaningful action by the Security Council.
  • Ukraine Crisis (2022): Russia’s invasion led to calls for action under Chapter VII of the UN Charter; however, Russia’s position as a P5 member prevented any binding resolution against it.
  • Israel-Palestine Conflict: Decades of unresolved tensions have been exacerbated by repeated US vetoes on resolutions critical of Israel’s actions in Gaza.

THE WAY FORWARD:

• • Comprehensive Veto Power Reform: Introduce a mandatory explanation requirement when vetoes are used, ensuring transparency and accountability. Create a mechanism for the General Assembly to override Security Council vetoes with a two-thirds majority. Phase out individual state vetoes in favor of regional bloc consensus requirements. Institute time-limited vetoes that expire unless renewed by consensus.
  • Structural Representation Reform: Create rotating permanent seats for African Union and Arab League representatives. Establish a weighted voting system based on population, economic contribution, and regional influence.
  • Progressive Implementation: Institute, a regional representation model where sovereignty-pooling organizations like the EU gain collective membership. Implement mandatory review mechanisms every 15 years to assess membership criteria.
  • Accountability and Transparency Enhancement: Establish an independent oversight body to monitor Security Council decisions. Create mandatory reporting mechanisms for P5 members on veto usage. Institute regular performance reviews of peacekeeping missions.
  • Operational Effectiveness Improvement: Strengthen the UN’s early warning capabilities for conflict prevention, enhance rapid response mechanisms for humanitarian crises, and improve coordination between UN agencies and regional organizations.

THE CONCLUSION:

The United Nations stands at a crossroads where its founding principles clash with its operational realities. While reform is urgently needed—especially regarding Security Council composition and veto power—achieving consensus among powerful stakeholders remains elusive. True reform will require unprecedented compromise from P5 members and innovative approaches such as evolving customary international law norms like R2P or alternative decision-making mechanisms within multilateral frameworks.

UPSC PAST YEAR QUESTION:

Q. Discuss India’s impediments in pursuing a permanent seat in the UN Security Council. 2015

MAINS PRACTICE QUESTION:  

Q. “The United Nations’ structural imbalance between its democratic ideals and power mechanisms has undermined its effectiveness in global governance.” Critically analyze.

SOURCE:

https://www.newsclick.in/un-charter-outdated-and-unfit-purpose