Estonia in UN

UNSC Open Debate on the Working Methods of the Security Council

Delivered by H.E. Ms. Merete Fjeld Brattested, Permanent Representative of Norway on behalf of the Accountability, Coherence and Transparency (ACT) group

New York, 11 March 2024

President,

I am honoured to deliver this statement on behalf of the 27 members of the Accountability, Coherence and Transparency group, ACT.

We thank Japan for your continuing leadership. Improving the working methods of the Council and updating Note 507 is not just a matter of housekeeping, but an imperative process in transparency and accountability; and ensuring the Council can better fulfil its mandate towards international peace and security- which is an inherent interest of us all.

We appreciate the important contributions of Security Council Report, both to our discussions today, and more broadly. And we welcome the practice of, and the insightful content of the E10 statement.

President,

ACT would like to set out four concrete suggestions to update and implement Note 507. For the sake of efficiency, we will also transmit a more detailed written submission with additional proposals.

First, on building on existing agreements: ACT would like to see a further commitment towards transparency and efficiency by fully utilising digital tools to make co-sponsorship of Council texts easier, and the list of co-sponsors visible on the eDelegate platform- just as we do in the General Assembly. We believe this transparency would boost the level of support for Council texts, and improve the inclusion and buy-in of the broader membership in the work of the Council.

Second, in the last two years we have seen, and welcome, the Council’s new utilisation of Special Reports. We commend the Council’s consistent publication in line with GA resolution 76/262 each time a veto is cast. We expect this to continue, and believe this procedure should now be codified in Note 507.

We welcome also the response by the President of the General Assembly to transmit summaries of GA discussions on the Council’s Annual Report and Special Reports. It is the reciprocal duty of the Council to formally consider these summaries. They should automatically be added to the agenda of the IWG, with the Council taking an action-oriented approach to these recommendations.

Third, we are concerned by the practice around Rule 37 participation. A commitment could be made in Note 507 for Presidencies to provide greater transparency to the membership on Rule 37 requests, and avoid undue limitations committing to invite specially affected members, when requested, as a default, for subsequent Council consideration. It is vital that Member States are given the opportunity to inform Security Council deliberations.

Finally, ACT notes that Note 507 is devoid of any mention of the veto. We encourage new language on the inclusion of a dedicated section on the use of the veto in the annual report, to increase the accountability and transparency of the Council’s work. As well as recognition of Article 27 (3) of the Charter and its principle of obligatory abstentions, by all members, in cases where they are a party to a dispute. This Article, as all others, must be interpreted in line with the overall purposes and principles of the Charter which we have all signed.

We also remind Council members of the ACT Code of Conduct which calls upon signatories on the Council, permanent and elected, not only to not vote against credible draft resolutions, but to support timely and decisive action to prevent or halt mass atrocities. Such actions include the drafting products and calling for meetings.

President, to conclude,

We fully support the process of updating Note 507 to reflect the current realities of the Security Council, including the reflection of gender inclusivity in the rules of procedure of the Security Council.

ACT looks forward to our continued cooperation in rebuilding trust, and confidence in the Council’s ability to shoulder its responsibility to international peace and security.

Thank you.

Written submission

President,

The 27 members of the Accountability, Coherence and Transparency Group (ACT):

Austria, Chile, Costa Rica, Denmark, Ecuador, Estonia, Finland, Gabon, Ghana, Hungary, Ireland, Jordan, Latvia, Liechtenstein, Luxembourg, Maldives, New Zealand, Norway, Papua New Guinea, Peru, Portugal, Rwanda, Saudi Arabia, Slovenia, Sweden, Switzerland, and Uruguay,

Have the pleasure to submit a non-exhaustive list of the provisions of Note 507 where we would like to see the Council better implement their current commitments, along with areas the group considers are ripe for updating with new commitments during the revision of Note 507. To be undertaken this year under the leadership of Japan as Chair of the Informal Working Group on Documentation and Other Procedural Questions (IWG). The ACT Group welcomes the incorporation of the content of all notes on working methods agreed since 2017, and further would like to see the Council:

Programme of work and monthly forecast

• Include a 3bis: a new commitment to include more detail on the Council’s programme of work including all foreseen meetings for the month, together with any private meetings, informal interactive dialogues, Arria-formula meetings, the presentation of the programme of work to Member States, as well as wrap-up sessions.
• Better implement and strengthen paragraph 5: on providing timely updates on changes to the programme of work on the Council’s website and the Journal.
  • Build on this by also committing to reflect the general topics of AoBs that took place, for transparency, and better understanding of the full range of issues the Council is focused on.
• Include a 5bis: a new commitment to encourage the use of digital programmes of work by presidencies, or ideally on the Council’s website itself.
• Include a 5ter: a new commitment on improving the visibility and timely updating of the programme of work of subsidiary bodies.
• Better implement and strengthen paragraph 7: on wrap-up sessions including through further commitments on:
  • Standardising the current practice of invitations being sent out to the broader membership by the presidency, and details of the meeting being published early, and kept updated in the Journal.
  • That the ⁠content of wrap-up sessions should focus on current crises, dynamics as well as deliberations within the Council.
  • In line with S/2019/994, and in order to ensure a substantive discussion, the bulk of the meeting should be dedicated to allowing for a genuinely interactive exchange between Council and non-Council members.
  • Toledo-style meetings are encouraged in line with S/2019/994, but this should not prolong opening statements.
• ACT also welcomes the content of Note S/2019/994 on wrap-up sessions being incorporated into Note 507 without being watered down.

Meetings

• Better implement and strengthen paragraph 21 (c) on rule 37 requests:
  • The Council should avoid any undue limitations of Rule 37 participation of specially affected members. This includes presidencies committing to greater transparency for Member States around rule 37 requests, and committing to invite specially affected members to participate in all applicable meeting formats when requested, by default, for the consideration of all Council members. Any objections thereafter should be made public.
• Better implement and strengthen paragraphs 22 and 23: For all speakers to stick to the recommended 5-minute speaking time, both Council members and the broader membership.
  • Build also on this agreement that any time keeping measures should be used for all Member States, both Council members and the broader membership.
• Better implement paragraph 24: On the use of the draw as the general practice for speakers list.
• Strengthen paragraph 36: including a provision that statements should be posted on eStatements when made available, so that they are accessible in the Journal. As is the case in the General Assembly.
• Include a 20bis: on the use of the veto, including all members committing to implementation of an obligatory abstention of a party to a dispute from voting in accordance to Article 27(3) of the Charter. Also noting the ACT Code of Conduct which calls upon signatories on the Council, permanent and elected, not only to not vote against credible draft resolutions, but to support timely and decisive action to prevent or halt mass atrocities. Including drafting products and calling meetings.

Conduct of open debates

• Better implement and strengthen paragraph 40: On the early elaboration and broad distribution of concept notes, which helps to promote better understanding and engagement in Council discussions.
• Include a 40bis: to acknowledge the usefulness of the live list of speakers and encourage its early distribution, no later than a day before the relevant meeting, its broad distribution to all Member States not only those who have inscribed as speakers, and for it to be reflected in the Journal.
• Better implement paragraph 42: on the possibility for alternating between Council members and the broader membership on the speakers list.
• Better implement and strengthen paragraph 43: by expressing a clear preference for group statements to encourage efficiency in open debates, and to agree proactive steps for those speaking on behalf of a group to be given priority on the speakers list of non-members to incentivise such statements.

Informal consultations of the whole

• Better implement paragraph 45: to make consultations more interactive and efficient.
• Better implement paragraph 54: The Council should re-commit to returning to the once usual practice of agreeing press elements from closed consultations. This is the bare minimum of transparency expected from closed meetings of the Council.

Intra-Council cooperation and consultation

• Include a 76bis: specifically committing to the E10 being fully involved in all Council businessg. all drafting and decision-making procedures of the Council.
• We welcome the content of Note S/2021/646 on the role of political coordinators also being incorporated into Note 507 without being watered down.
  • We would welcome also for the sake of clarity that political coordinators could be named as such together with the description of “those who coordinate the monthly activities of the respective missions on the Council”.

Outcome documents

• Better implement paragraph 84: on the availability of draft resolutions, which should be shared with the wider membership as soon as they are “placed into blue”, and before adoption.
• Include a 88bis: committing to use the eDelegate platform for the ease and transparency of co-sponsorship lists of UNSC resolutions.
• We welcome the content of Note S/2021/647 on monthly working methods commitments also being incorporated into Note 507 without being watered down.
  • There is a need also to better implement this note through the broad circulation of monthly commitments.
  • We would welcome a further agreement that monthly commitments should be made public, and recognising and encouraging the recent positive practice of circulating them as official documents of the Council.
• We welcome also the content of Note S/2023/945 on penholdership and co-penholdership, being incorporated into 507 without being watered down.

Consultations with troop- and police-contributing countries

• Better implement all commitments in this section on systematic consultations with TCCs and PCCs.

Dialogue with non-Council members and bodies

• Better implement and strengthen paragraph 92: that the Council intends to seek the views of parties to a conflict and/or other interested and affected parties.
  • The Council should further consider how to strengthen this commitment.
• Better implement and strengthen paragraph 95: the commitment on dialogue with the Peacebuilding Commission.
  • We echo the recommendations made by the Secretary-General in the New Agenda for Peace on elevating the work of the Peacebuilding Commission. Not only integrating the PBC more in the work of the Council, including in missions to the field, but for the Council to systematically and consistently ask the PBC’s advice on issues that are on the Council’s agenda, and make substantive use of such advice. The Council is encouraged to regularly provide feedback to the PBC on the usefulness and relevance of the advice the Council receives.
• Better implement paragraphs 98 and 99: that Arria-formula meetings should be used to enhance the Councils contact with civil society.
• Include a 99bis: to commit to improving the format and content of Arria-formula meetings, and consider also the utility of Private Arria-formula meetings when appropriate.
• Include a 100bis: to commit to preventing and responding to cases of intimidation or reprisals against individuals or groups seeking to interact or having interacted with the Council.
• Include a 100ter: committing to a more pronounced conflict prevention perspective in the work of the Security Council, including through holding situational awareness briefings or other appropriate formats, and by acting upon information provided by the Secretary-General under Article 99 of the Charter, in order to identify and discuss potential risks and to take action at an early stage.

Subsidiary bodies

• We welcome the content of Notes S/2019/991 and S/2023/615 on the selection of Chairs of subsidiary bodies being incorporated into Note 507 without being watered down.
  • These notes need to be better implemented, particularly in the timely agreement and appointment of Chairs. The late distribution is to the significant detriment of incoming elected members. Impacting their ability to be fully included, and active in shaping the work of the Council.

Security Council missions

• We welcome the content of Note S/2019/990 on visiting missions being incorporated into Note 507 without being watered down.
  • This note also needs to be better implemented in the involvement of the PBC in visiting missions, for example the inclusion of the PBC Chair and/or Vice-Chairs.

Annual report

• Better implement paragraph 129: a consistent organisation of an exchange of views on the annual report of the Council prior to drafting of the introduction is needed. We welcome that the UK did so in 2024, this must be standardised in the future.
• Include a 129bis: to commit that the summary prepared by the PGA of the General Assembly’s consideration of the Council’s annual report should automatically be considered in the IWG for follow-up by the Council.
• Include in paragraph 131: the addition of a dedicated chapter on the veto, and special reports in the Council’s annual report thereby increasing the transparency of the Council’s work and accountability for the use of the veto.
• Better implement and strengthen paragraph 136: on the timely completion of monthly assessments of each presidency.
  • We would welcome also the incorporation of the agreement of the Council in S/1997/451 that monthly assessments are prepared under the responsibility of the presidency, following consultations with members, and therefore can be more analytical and do not require unanimity among Council members.
• Better implement and strengthen paragraph 139: to commit to making the annual report more analytical and substantive.

Include new sections in Note 507 on:

Special reports

• Where the Council should commit to:
  • The continued production of special reports in line with GA resolution 76/262;
  • That summaries prepared by the PGA that come back to the Council from the GA should automatically be considered in the IWG;
  • For the sake of transparency and accountability the Council should consider the formal adoption of special reports, and;
  • Recognise the utility and application of special reports, including on subjects outside of the scope of resolution 76/262.

Gender Inclusivity in the Provisional Rules of Procedure

• Strengthen language to task the Secretariat to technically amend the Provisional Rules of Procedure to remove gendered language and to ensure its inclusivity and reflect current realities on the UNSC.