REPORT ON THE UNITED NATIONS ECONOMIC
COMMISSION FOR EUROPE
REGIONAL HEARING IN PREPARATION FOR THE MILLENNIUM
ASSEMBLY
Palais des Nations, Geneva, 7-8 July 1999
1. In preparing for the Millennium Assembly and Summit, the United
Nations has engaged in a consultation process world-wide aimed at producing concrete
proposals for strengthening the role of the Organisation and assuring its continued
relevance in the twenty-first century. At the request of the Secretary-General, Mr. Kofi
Annan, the five Regional Commissions of the United Nations system were asked to organise
regional hearings with a representative segment of civil society and of the Member States
of each region concerned.
2. The UN/ECE hearing was held in Geneva on 7 and 8 July 1999 under the
chairmanship of the President of Malta, H.E. Mr. Guido de Marco, with the participation of
some 200 representatives of civil society and of Member States. It was organised in four
half-day segments dedicated respectively to Human Rights, Sustainable Development, Peace
and Disarmament and Strengthening the Role of the United Nations.
3. The first three segments were moderated by the United Nations High
Commissioner for Human Rights, the Executive Secretary of the Economic Commission for
Europe, and the Secretary-General of the Conference on Disarmament, respectively. The
Chairman of the hearing presided over the fourth segment on Strengthening the United
Nations. Five guest panellists per segment, selected on the basis of their expertise or
active involvement in a particular field, were invited to present their views, thus
introducing the subject, before moving on to a general debate. During the debate, 52 NGOs,
(some on behalf of groups of NGOs) and 12 Member States raised questions, expressed their
views and made suggestions.
Each segment was moderated by a United Nations Senior Official: : the
United Nations High Commissioner for Human Rights: the Executive Secretary of the Economic
Commission for Europe: and the Secretary-General of the Conference on Disarmament and
Special Representative of the Secretary-General in these matters. Five guest panellists
per segment, selected on the basis of their expertise or active involvement in a
particular field, were invited to present their views, thus introducing the subject,
before moving on to a general debate. During the debate, 52 NGOs, (some on behalf of
groups of NGOs) and 12 Member States raised questions, expressed their views and made
suggestions.
4. In opening the hearing, H.E. President de Marco emphasised the close
correlation which existed among the three themes, noting that human rights remains an
abstract concept for those who are starving and that economic development remains illusive
without peace.
I) HUMAN RIGHTS AND THE CHALLENGES OF GLOBALIZATION
Racial discrimination, xenophobia, religious hatred and intolerance
5. Discrimination based on race, colour, ethnic or national origin, xenophobia,
religious hatred or intolerance is an increasing phenomenon in Europe and was perceived as
a potential source of conflict. Xenophobia towards immigrants, asylum seekers and refugees
is increasing and there is a rise in religious intolerance towards Muslim communities
(islamophobia) and towards Jewish communities, with a marked increase in anti-Semitic acts
both in eastern and in western Europe. Along with persistent discrimination against
minority groups such as the gypsies, new patterns of discrimination are appearing,
including multiple discrimination based on compounding discriminatory criteria such as
race and gender, race and sexual orientation, race and age; and on the exclusion,
segregation or expulsion of people labelled as "illegals" .
6. To address these issues, it was suggested that:
- coalitions of local NGOs raise the consciousness of the general public about all major
forms of discrimination through campaigns which could induce legislators and policy-makers
to focus more on these matters
- governments develop a more effective system of investigation and prosecution of
racially motivated crimes in national courts and, where possible, in international
tribunals
- governments implement rights of rehabilitation and of reparation to victims of racial
and gender discrimination
7. Regarding specific remedial action the United Nations should take, it was proposed
that:
- the Organisation increasingly acts as a forum for exchanging experiences on the above
actions undertaken within countries
- Member States of the United Nations collectively further develop and promote compliance
procedures related to the Convention on the elimination of racial discrimination, in
particular article 14, and work towards a wider acceptance and utilisation of such
procedures
- the United Nations ensures a broad involvement of the forces in civil society in
preparing for the upcoming World Conference against racism, racial discrimination,
xenophobia and related intolerance scheduled to take place in the year 2001.
Extreme poverty as a major denial of Human Rights
8. Throughout the Continent there is a dramatic upsurge in poverty.
This is true not only in eastern Europe where poverty stems from less security attached to
the labour market and is reflected by deteriorating trends in the health and education
sectors, but also in western Europe where, in some countries, the number of people living
below the poverty line has increased by 50% over the past 10 years.
9. This rise in poverty illustrates an inability to translate economic
and social rights into action. Despite a clearly identified objective, it was felt that
there was virtually no progress towards achieving this goal.
10. Proposals for remedial action include that:
- local authorities be given primary responsibility to combat poverty and
be endowed with adequate financial resources through local taxation. Such a policy does
not exempt State authorities from all responsibility in this matter. On the contrary, they
should take national measures and actively support local authorities. Ministries of
Interior and Justice should be part of this support in view of their responsibilities for
the reinsertion of individuals deprived of civil and social status.
- Governments further develop an anti-poverty legislative framework on
such critical issues as minimum income, professional retraining of the unemployed and
access to legal assistance. This legal package should aim at providing the poor with
opportunities for income-generating activities and should avoid the undesired effect
of creating a more or less permanent status of social assistance
- Governments provide a "civil status" (proper documentation)
to everyone, particularly to the homeless and migrant workers.
11. It was proposed that the United Nations provide a Forum for NGOs
involved in anti-poverty activities, local authorities and Member States to share their
experience, co-ordinate their action and develop anti-poverty strategies.
International trafficking in women and children as a problem linked to poverty and discrimination
12. Networks of trafficking in women have been uncovered in Europe.
They tend to involve women from Eastern Europe smuggled into Western Europe, Israel or new
destinations such as Turkey. East European women accept working abroad even when they know
that it will involve work as prostitutes, housekeepers or in sweat-shops because this is
the only way for them to make it to the West and to earn money. Measures undertaken by the
ILO, the IOM, the Council of Europe or the European Union to tackle this issue do not
address the root of the problem which is poverty. Current legislation reflects a crime
prevention approach which aims at protecting society from crimes and protecting borders,
but it amounts to anti-migration policies which de facto prevent women in situation of
poverty from new economic opportunities.
13. Therefore, effective action requires that:
- governments recognise poverty and lack of opportunities as the root of
the problem of international trafficking in women
- Governments, with the active involvement of civil society, develop a
human rights approach to this problem, identifying areas where violations occur (labour
conditions and particularly slavery-like practices; undue impediments to freedom of
movements etc.)
- governments effectively develop and enforce legislation by identifying
and punishing those guilty of trafficking
14. At a United Nations level, it was proposed that Member States
reinforce the Organisations capacity to combat transnational organised crime and
specifically that related to the smuggling of migrants and trafficking of human beings.
Relevance of a United Nations-business partnership to the promotion of Human Rights
15. It was recognised that private sector development alone will
not solve development problems and that the objectives of the private sector are different
from those of the United Nations. Nevertheless, the point was made that the
competitiveness of the private sector is not fundamentally incompatible with human rights.
In a number of cases partnerships with business can even be an open, effective and
legitimate way to support human rights by promoting responsible business practices.
Examples included partnerships by which enterprises provide skills to groups facing
discrimination in labour markets and train their staff to be more sensitive about respect
for human rights in the working place.
16. As pertains to United Nations action, more efforts should be made
to stress the common agenda between the two actors on issues of standards, stability,
transparency and sound development. Realistic expectations must be set for such a
partnership, and the United Nations should bear in mind that business cannot be expected
to play a policy role or to be a substitute for the financial obligations of Governments.
Strengthening Human Rights within the United Nations
17. The need for effective prevention, implementation and
compliance was repeatedly stressed throughout the debate as well as the necessity for a
more active partnership with NGOs. These points, which are common to the three segments,
are elaborated on in Part IV below.
18. Related to the above, The High Commissioner for Human Rights
stressed vigorously that indeed priority should be given to the implementation of the now
comprehensive body of principles, norms and conventions in the field of human rights. She
also spoke about the importance of "informal" alliances with NGOs which, in view
of their networks of information and efficiency in lobbying, can complement the work of
the United Nations and in some instances compensate for its failures.
19. The emergence of a "double standard" with the UN
Human Rights system whereby human rights violations in Sierra Leone and other countries
are not pursued with the same dedication as violations occurring in Kosovo represented a
serious problem for many participants, in view of the potentially debilitating effect on
the credibility of the United Nations and its effectiveness. This issue, which relates to
external intervention in a sovereign state, was taken up again in the debate related to
peace and disarmament. It is also further elaborated in Part IV.
20. A number of participants stressed that increasing the resources
available to the Office of the High Commissioner for Human Rights would help to improve
the human rights situation across the board. A representative of an ECE member State noted
that since the creation of the Office in 1994, the percentage of the UN budget dedicated
to human rights had been consistently low. Both panellists and NGOs spoke about allocating
"sensible resources" for human rights.
21. From an institutional point of view, participants also noted that
the Security Council did not take matters of human rights sufficiently into consideration
during their deliberations. They suggested that the human rights implications of Security
Council resolutions be systematically reviewed and debated by this body prior to its
decisions.
The debate concluded with the observation that human rights would
dominate the agenda of the United Nations in the twenty-first century.
II) SUSTAINABLE DEVELOPMENT: RECONCILING ECONOMIC EFFICIENCY, SOCIETY AND THE ENVIRONMENT
23. Noting that the process of globalisation could not be reversed
and that the merit of market economies was not put into question, , the Executive
Secretary of the Economic Commission for Europe, acting in his capacity as Moderator,
invited the audience to examine how these phenomena could lead to progress and benefit for
all. Indeed, it has always been recognised that there are market failures and, as it is
developing today, globalisation entails serious risks of marginalisation for individuals
as well as for entire countries and regions. In addition, the strong competition it
is associated with relegates the environment to secondary priorities.
24. He also observed that in economic matters, the United Nations had,
by and large, failed to remain in the forefront of macro-economic strategizing. While it
had played a leading role in these matters in the 1960s and has continued to raise
pertinent issues and to provide interesting ideas, the United Nations has been overtaken
by the Bretton Woods institutions. The United Nations of the twenty-first century needs to
strengthen its capacities for economic analysis and research, as well as its capacities to
make itself heard on macro-economic matters, and to become the premier forum for
discussion of an equitable organisation of the world economy.
Globalisation: its challenges to sustainable economic and social
development as well as to the environment.
25. The challenge is to combine the needs of mankind and the needs
of nature, the needs of today and the needs of tomorrow. This was addressed by the United
Nations through the global conferences. But the forces at play do not support the
conclusions of these conferences. The globalised economy, in its own legitimate interest,
strives to utilise the least expensive means of production and transport, creating a new
division of labour and more demand for long distance transport. Governments, vulnerable to
the threats of withdrawal from transnational companies and to the political pressure from
voters who are not prepared to change their lifestyles, have difficulty in maintaining
social standards and affording the initial cost of moving to environmentally friendly
technologies and behaviours.
26. These challenges call for a holistic approach as the social,
economic, cultural and environmental aspects of development are interdependent and for
more creative international cooperation based on internal democracy, fair external
relations and the will to act at the proper level depending on the nature of the problem.
To this end it was proposed that:
- each actor, whether citizen, NGO, enterprise, state or international
organisation, respect a holistic and integrated approach to take into consideration the
interdependency of the political, social, economic, cultural and environmental factors of
development
- the principle of subsidiarity be applied which suggests that depending
on their nature, problems should be tackled at the most appropriate political and
administrative level. Global problems require global oversight and coordination on a
multilateral basis. However, where regional, national and local interventions might prove
more effective, decision-making should take place at that level
- the United Nations serve as the framework for political, economic,
cultural, environmental and moral dialogue and that full use be made of the Regional
Commissions which are the natural link between global and national concerns. (In a related
way, it was also suggested to make better use of financial institutions such as the
Regional Development Banks )
- practical methods of work be utilised by all concerned. For example,
despite the fact that there is no global energy agency in the United Nations system,
progress has been made to promote awareness about sustainable energy. The methods used
(evaluating needs, adopting concrete measures anticipating what governments should
do, and raising the debate to a forum where all actors can be included) could be
replicated and usefully applied to other sectors such as transport or water.
The role of NGOs in promoting sustainable development and the
environment
27. Globalisation has changed the balance of power among the
various actors operating on the international scene. Participants acknowledged the
effectiveness of existing international mechanisms for consultation with NGOs (the
regional hearing was a case in point) and for co-ordinating their action (the NGO
Management Committee in the Commission for Sustainable Development, created in 1992, was
singled out as an example of such an effective mechanism). Nevertheless, having proved
their effectiveness, NGOs are now demanding a clear upgrading of their status and closer
association in the negotiating, implementation and monitoring stages of the activities of
the United Nations.
28. The issue of the participation of NGOs in the development process
was addressed in the context of countries in transition. It was pointed out that NGOs had
made valuable contributions: they provided human resources and expertise for development
purposes; they provided new sources of employment in countries plagued by a
"brain-drain" phenomena through the creation of scientific research groups and
the development of new projects; they filled the gap where governments have been unable to
continue to implement projects particularly in matters of environmental protection as well
as of social and community development; and they developed networks and provided the
impetus for sub-regional and regional cooperation. It was thus recognised that the
dynamism of civil society is a major characteristic of the transition process and a key
condition for its success.
Globalisation and economic development: a view from Central Europe on the role of the United Nations
29. While many countries turn to the United Nations for assistance
in combating the negative consequences of globalisation, the Central European countries
are turning to the United Nations for assistance in joining the band-wagon of
globalisation. In those countries, joining the globalised economy is perceived as a ticket
towards modernisation and the main concern is explicitely to avoid entering the
process in second class category status. It is thus apparent that depending on countries
and public opinion, there is not a unified perception of how the United Nations
should address the globalisation issue.
Sustainable development and democracy
30. Participants from central and eastern Europe stressed the
importance of democracy for lasting economic development. Economic development is no
longer driven by the production of raw materials but by knowledge and the ability to
organize people around constantly changing tasks. Yet knowledge can only be shared if
people communicate with each other and this can only happen in a climate of freedom. Thus
the need for democracy, human rights and the rule of law which provide the political
stability and social solidarity necessary for economic growth. It is for the United
Nations to promote these principles and it reinforces the plea mentioned in the segment on
Human Rights, and elaborated in Part IV, to give high priority to implementation of
conventions, norms and standards.
"Sustainable development and the Anew financial
architecture"
31. In the view of the participants, there is a clear need to make
the international economic and financial system more stable and equitable. Governments and
international financial institutions have not yet come up with clear strategies for
regulating global markets while public opinion gives high priority to the reform of the
international financial system.
32. In this regard it was proposed that:
- the reform of financial markets, which are presently characterized by
their lack of transparency and excessive volatility, should aim at promoting transactions
linked to legitimate trade and real investment purposes while deterring speculative
transactions
- national governments should adopt regulations to reduce the power of
speculative funds and control the inflows and outflows of short term-capital
- at a global level, the international community should agree on rules to
regulate financial markets and players. A system of monitoring of short term capital
movements should be instituted
- a Tobin-type tax on financial transactions should be introduced, the
proceeds of which would be earmarked for addressing global challenges such as poverty
eradication or environmental protection
33. Regarding the macro-economic dimension of this reform, participants
noted that the division of labour, at the international level, clearly promotes
organisations such as the World Trade Organisation, the G7 and the OECD to the detriment
of the United Nations, a situation which did not meet their approval. Along these lines,
it was proposed that:
- a more active role be given to the United Nations in redesigning the
framework of the international economic system as it was felt that this institution
presented the best guarantees in terms of democratic decision-making
- key macro-economic issues be placed on the agenda of the Millennium
Assembly
III) PEACE AND DISARMAMENT: FACING UP TO NEW TYPES OF CONFLICTS
34. The third session of the hearing, dedicated to peace and
disarmament, was held against the background of the recent Kosovo conflict. Many of the
issues debated should thus be viewed in this light.
35. The Moderator, , the Secretary-General of the Conference on
Disarmament noted that globalisation as a factor of change, had started when Columbus
discovered America and that, since then, a new "civilisational paradigm" has
developed under the tremendous impulse of scientific and technological progress. He
underlined the need to re-establish the central role of the United Nations in matters of
Peace and Security. On Disarmament matters, he did not share the prevailing mood of
pessimism but mentioned that it was necessary for the Conference to come up with a new
agenda integrating the concept of "arms regulation" and for the United Nations
to take action accordingly.
Upcoming challenges to peace in the twenty-first century
36. While recognising the importance of globalisation in the
economic sphere, participants thought that upcoming threats to peace were more likely to
come from ethnic tensions which, in turn, could lead to fragmentation of existing States.
37. If current secessionists claims based on ethnic considerations were
to further materialise, this could lead, according to one speaker, to the existence
of more than 2000 independent States. In fact, more than 90% of States are pluri-ethnic.
Therefore, it is necessary to avoid ethnical divergencies becoming a factor of tension and
division.
38. To this end, it was proposed that:
- political scientists give consideration to new types of constitutions
with the premise that territorial sovereignty may become obsolete
- governments give priority to the management of the diversity of their
communities and receive assistance from the international community for this purpose.
Adequate and fair management of pluri-ethnic communities could have prevented violence in
Northern Ireland, Rwanda, Sri-Lanka and the Middle East
39. The number of ethnic conflicts exceeds the current capacity of the
United Nations to solve them. Therefore, based on the principle of subsidiarity and on the
motto that "the United Nations should do what it alone can do", it was proposed
that:
- the United Nations should assess with regional organisations their
respective capacity and complementarity for addressing these conflicts
- the United Nations should retain for itself its role as setter of
fundamental principles for issues such as pluralism, rights, Constitution making,
governance, conflict management and external intervention
The role of the United Nations and of regional organisations
40. The precedent set by the unilateral intervention of NATO in
Kosovo was a source of great concern to all participants. It raised the following issues:
- there is an urgent need for the United Nations to re-establish its
primacy in these matters. H.E. President de Marco eloquently made the point that "any
dilution of the primacy of the United Nations is, in essence, a threat to individual
nations"
- who should authorise such an intervention? On the basis of which
criteria should the decision to intervene take place?
- the primary role of the United Nations in international operations
involving the use of force rests in the Charter. Therefore any such operation must remain
within the parameters of the Charter which provides the criteria for intervention and
gives the Security Council the sole authority to decide upon the appropriateness of an
intervention and the modalities this intervention should take
- cooperation with regional organisations in matters of peace and
security. Although participants willingly endorsed the principle of such cooperation (see
above-mentioned paragraph on subsidiarity), they stressed the fact that interventions by
regional organisations derived their legitimacy from the Charter. Action should thus be
taken in accordance therewith. As an example, a panellist indicated that the OSCE
considered itself as an emanation from Chapter VIII of the Charter. However, at present
there still appears to be some confusion and regional organisations sometimes view
themselves as competitors of the United Nations. There must be a hierarchy and clear
decisions as to who intervenes at what stage
Redefining concepts
41. Participants expressed a need to clarify commonly used
concepts, the meaning of which has drastically evolved. These involved:
- "peace" which should no longer be understood as the mere
absence of war
- "security" which should be common, comprehensive and
human-centred
- "sovereignty" which is not absolute, but limited by the
international commitments of States
- "self-determination" which should not be considered as an
automatic right to secession
- "non-interference" which
does not give governments a licence to violate universal principles of international law in total impunity
- "disarmament" which is yielding ground to the broader
concept of "arms regulations"; a term which more aptly reflects a process rather
than an ultimate goal.
Peace promotion and conflict prevention
42. A number of participants stressed the need to develop an
approach to peace promotion in all countries, which would integrate democratic
institutions which legitimise those who retain power, the respect of law and order and the
economic welfare with social equity. To advance the cause of peace it was proposed that:
- the United Nations adopt a "Declaration on the Right of Humanity
to Peace"
- all countries promote a culture for peace by converting Defence
Ministries into Ministries for Peace, and War Colleges into Peace Academies. To highlight
peace is to give it priority
- governments promote peace education as part of all formal and informal
education. More generally, the glorification of militarism should be replaced with models
of active non-violence
43. With regard to conflict prevention, the role of civil society was
underlined, citing the examples of Russia and South Africa where such role has been
determinant for a non violent transition to democracy. Therefore it was proposed that:
- governments demonstrate their political will to react rapidly to early
warnings and to support those groups in the civil society and political parties which
oppose racist and extreme nationalistic movements;
- local community-based groups be supported in their preventive
initiatives
Conflict management and resolution
44. It was proposed that the United Nations:
- create a standing United Nations Peace Force readily available for
intervention
- set-up a special organ for conflict-handling in the form of an
independent institute providing practical advice on conflict-solving through third party
consultants
- develop a multi-track approach to conflict management including
aid, mediation, external pressures and military interventions
- advocate the participation of women in conflict resolution at
decision-making levels
Disarmament
45. Participants viewed the disarmament activities of the United
Nations as slowing down, particularly in the field of nuclear disarmament. Efforts
currently made to modernise anti-ballistic missile (ABM) defence systems were perceived as
undermining the 1972 ABM Treaty.
46. In order to give a new impetus to disarmament matters it was
proposed:
- to convene a fourth General Assembly on Disarmament
- to make use of a programme which was set up several years ago in
Canberra to eliminate all nuclear weapons in the world. It incorporated concrete proposals
which are still pertinent today
- to encourage regional non-proliferation efforts. Participants
highlighted the positive example created by several countries (Ukraine, Belarus and
Kazakhstan) that succeeded in becoming non-nuclear weapon states. Such efforts would be of
particular significance in South East Asia, the Korean peninsula and the Middle East
- to strengthen coordination between vertical disarmament (reduction in
arsenals) and horizontal disarmament (controlling proliferation)
Strengthening the partnership between the United Nations and NGOs
47. Participants believed that perhaps more than in any other
field, NGOs had demonstrated their effectiveness in matters of peace and security as the
now textbook case of the Landmine Treaty illustrated.
48. It was proposed that the United Nations:
- support their advocacy role. The "Appeal for Peace" put out
by a very large number of NGOs gathered in the Hague last May was cited as an example for
follow-up action
- make better use of their capacity to alert the international community
of impending conflicts
- rely more on the capacity of NGOs to provide independent information in
conflict situations (an asset which International Criminal Courts could also draw more
upon); and to protect the civilian population in war-time. An International Humanitarian
Network is being established to prepare concrete proposals in this respect to be submitted
to the Millennium Assembly
IV) STRENGTHENING THE ROLE OF THE UNITED NATIONS
49. The concluding segment of the ECE regional hearing focussed on the theme of
"Strengthening the United Nations". It involved the active participation of H.E.
President de Marco, Mr. Berthelot, Mr. Petrovsky, Mr. Van Boven and Mrs. Dahl.
50. The concluding debate confirmed what had emerged during the three thematic
sessions, i.e. that civil society is extremely attached to UN values and believes that
they should equally benefit all individuals and all countries. Therefore civil society is
increasingly concerned that the UN principles and norms are all too often not respected,
that double standards are applied, that the UN is bypassed in key decisions and actions
undertaken in contradiction of the Charter. Participants considered that the UN is losing
credibility and are concerned about the consequences this would have for themselves and
their children.
51. Therefore the recommendations which emanated from the debate aimed at restoring the
credibility of the UN and allowing civil society to actively participate in its work. The
restoration of the credibility of the United Nations starts with the application of equal
treatment in similar circumstances. Credibility involves the effective implementation of
decisions, principles and norms adopted by governments in all entities of the UN, and this
implies human, military and financial means. The participation of civil society through
parliaments or NGOs is also seen as a way of improving the efficiency of the UN and making
governments accountable for their compliance with UN principles and norms.
Restoring the credibility of the UN: avoiding double standards
52. Two examples of double standards were mentioned. The first is in the field of
economics and concerns the UN but rather WTO where the US and the EU, through agricultural
subsidies and the abuse of anti-dumping measures, apply practices which they do not
tolerate from other countries. The second is in the field of human rights where, for
example, violations in Sierra Leone are not pursued with the same all out dedication as
violations which occur in Kosovo. Participants considered that these types of double
standards were increasing and pointed out their debilitating effect on the credibility of
the UN and its effectiveness.
53. In a world of instant communication and extreme imbalance of media coverage given
to events in certain areas, lengthy procedures of multilateral diplomacy represent a major
drawback. With the Kosovo precedent in mind, people are sensitive to the argument put
forward by the proponents of a NATO intervention without the authorisation of the Security
Council: "if we had to wait for a United Nations resolution, the ethnic Albanian
population of Kosovo would have been exterminated". Enhancing the ability of the
Security Council to provide timely responses to crises situations thus seems high on the
agenda for strengthening the United Nations.
54. Proposals on the reform of the Security Council revolved either around the issue of
enlarged membership or around the issue of the abolition of the veto right of permanent
Member States. Recognising however the adverse effect such proposals are likely to have on
the effectiveness of the decision-making process in the Security Council, participants
expressed an interest in the ideas suggested by H.E. President de Marco who proposed that
two vetoes be required to block a resolution. Alternatively, he suggested that votes be
weighted the way they presently are in the institutions of the European Union.
55. However beyond the eventual reform of the Security Council, participants considered
that the utmost priority for the United Nations was to solve the problem of conflicting
principles (non-interference in the internal matters of a Sovereign State versus the
common responsibility of the international community to react to gross and massive
violations of human rights in any given country, to name but one example).
56. On this fundamental issue of United Nations conflicting principles, it was proposed
that:
governments authorise the Secretary-General to create an advisory body of eminent
personalities which would be entitled to provide a neutral appreciation as to the criteria
for assessing the hierarchy of the principles at stake and, on this basis, to present
recommendations in specific cases;
Effective implementation of decisions, principles and norms
57. For the Security Council to take timely and correct decisions is one thing, for
them to be implemented is quite another. To avoid delays which worsen the situation and
have a very high human toll it was proposed that:
- the UN establish a permanent force for emergency response to crises situations
- governments maintain in their own army a standing military force for the United Nations
to draw upon when intervention is required
58. Apart from the effective implementation of the decisions of the Security Council,
one over-riding concern dominated the debate during the three segments. The United Nations
must develop its capacities for implementation, and further develop mechanisms to entice
Member States to comply with the commitments made at an international level.
59. Statements such as "we have gone as far as we can go in concepts, principles,
conventions and norms, we must move to implementation" or "we need to close the
gap between UN norms and their implementation" set the general tone. The inability to
translate commitments into action and to provide more effective follow-up and monitoring
procedures on the implementation of norms were repeatedly highlighted.
60. The first step is for Member States to comply with commitments which they
themselves had entered into. Participants stressed the need for more accountability and
"good governance"on the part of Member States.
61. To that end it was suggested that:
- the UN give priority to effective implementation and launch an international decade of
implementation
- NGOs mobilise public opinion for holding governments accountable for compliance with
the commitments taken within the UN framework
Development of a preventive approach in all main UN fields of activities
62. Participants stressed that while prevention was more traditionally understood
in the context of UN peace-keeping activities, it should not be confined to this area.
There is room for a more pro-active approach to the promotion of human rights and the
fight against poverty. This calls for further mainstreaming these outstanding
cross-cutting fields in all United Nations activities including through the development of
early warning mechanisms and preventive action.
Providing the UN with the appropriate means
63. Some suggestions are reflected in paragraph 62 to effectively implement the
decisions of the Security Council. The will of governments is necessary to implement
conventions norms and standards. However the UN also has a responsibility to exercise
monitoring and to provide assistance. For the UN to be able to do this, it should have
resources commensurate with its role. Participants judged the actual UN budget as
"ridiculously low". Participants underlined the risk of a vicious circle by
which lack of resources would decrease the efficiency of the Organisation, thereby further
affecting its credibility and giving arguments to certain member States for advocating
additional budget cuts.
Democratising the UN institutions
64. The General Assembly was characterised during the hearing as the institution of
the United Nations "where all countries are Permanent Members". Participants
expressed their desire to see the General Assembly function more along the lines of a
national Parliament and alluded to the need to bring "more Parliamentary
democracy" to the United Nations. In this perspective, it was repeatedly said that:
- the General Assembly should not be limited to one session a year as is currently the
case, but that it should sit year round in three different sessions
- the General Assemblys agenda be reduced and further prioritised
- all United Nations consultations and debates be issue-based and result-oriented.
Involving civil society in the work of the United Nations
65. The participation of civil society in the activities of the UN was a leitmotiv
of the three thematic segments and of the concluding one. Its past contribution was
acknowledged and it was recognised that without it several major UN achievements would not
have materialised (e.g. the Convention on the Rights of the Child, the Landmine Treaty,
the International Court, the ECE Convention on Access to Information, Public Participation
in Decision-making and Access to Justice in Environmental Matters). It was considered
necessary to secure compliance to commitments made by governments, to improve the
relevance of the recommendations as well as the assistance provided by the UN and to cope
with the situation created by globalisation whereby the role of States in national and
international matters is being reduced relative to the role of local authorities, NGOs and
enterprises.
66. To increase the participation of civil society through parliaments, local
authorities or NGOs, it was recommended that:
- the United Nations enter into strategic alliances and partnerships with new actors on
the international stage, including NGOs, Parliamentarians, local authorities and the
business community. Such partnerships should not be limited to alliances with NGOs holding
consultative status with ECOSOC. The United Nations should cooperate with regional,
national and even local NGOs as pertinent. This could be done on an issue-specific basis
and through the setting up of ad hoc groupings of NGOs around the issues addressed.
- ad hoc intersectoral working groups within the United Nations, with the
participation of NGOs, be also created in the special sessions of the General Assembly
- NGOs be given further access to United Nations information sources; in particular to UN
data bases and to the UN Optical Disk system
- the UN develop partnerships taking into account the changing weights and roles of the
various actors involved in its activity: the State, NGOs within the Civil Society,
Parliamentarians, the private sector and local authorities
- the UN create a "Civil Society Forum" or a "Peoples
Assembly" for NGOs enjoying consultative status with ECOSOC
- government representatives accept that the UN associate more such NGOs with the
negotiating process as well as with the implementation stage
67. As a counterpart to the greater involvement of NGOs, it was felt necessary that
NGOs themselves needed to improve their transparency, their representation and their
accountability.
V. Concluding remarks by H.E. President Guido de Marco
68. The President prefaced his specific remarks by emphasising that a Chairman's
conclusion should not be a statement which summarises what was said. Rather, it was for
the Chairman to draw conclusions based on his interpretation of the totality of all
statements as an integrated whole. In other words, the whole is more than the sum of its
parts. The debate on the United Nations in the 21st Century must be seen in this light,
and it was necessary to draw upon both the micro and macro approaches which were expressed
during the hearing.
69. Starting with the obvious, the President stressed that the United Nations has as
much power as its members want to give it. There is no abstract notion of the United
Nations - it is very real and has the power, the means and the effectiveness that its
Members States want it to have. That being the case, it is not a question of passing a
"Mea Culpa" on the United Nations. If there is a "Mea Culpa",
it needs, more often than not , to be borne by Member States. Provided that Member States
believe in the United Nations and want it to be credible, effective, and to live up to its
Charter, it is useful to discuss the United Nations of the 21st Century. This puts a
responsibility on all, primarily on Governments, which carry the main burden of what the
United Nations will be.
70. Parliaments have great responsibilities in a democracy but Governments are those
which, in democratic regimes, have the support of the majority of the people. While
Governments, in actual fact, within democratic systems, are those who are entitled to
speak for the people, the President expressed his conviction that Parliaments need to have
a more active role in the workings of the United Nations. Citing as a primary example the
Parliamentary Assembly of the Council of Europe and the parliamentary segment of the OSCE,
as well as the IPU, the President concluded that it would be wise that a role be defined
for parliamentarians in the United Nations of the 21st Century, while taking fully into
consideration that Governments in democracies are those who are called for to make
decisions. As far as the General Assembly is an organ where Governments of Member States
are represented, one has to assume that decisions taken are those taken by Governments who
represent the people and who are accountable for their decisions.
71. The President stressed the importance of the principle of accountability in the
United Nations. While a parliamentarian, the individual, might be accountable to his
constituency, it is the elected Government which is accountable as a whole to the people.
Thus, while the inclusion of a segment for parliamentarians to be involved in the workings
of the United Nations is important and should be a feature of the United Nations in the
21st Century, it is necessary to retain that the General Assembly is there to decide and
to vote and that in the General Assembly the elected Governments must have the role which
has been given them by the Charter.
72. Citing the proposal for a civil society forum, the President voiced his view that
this be studied further as it deserves inclusion in the context of a 21st Century United
Nations. If the United Nations is to be the expression of not only Governments and
parliamentarians but also to enjoy wider support, serious consideration has to be given as
to how, whether in the form of a civil society forum or otherwise, to involve NGOs and
utilise their experience and their micro approach to issues, both of which will contribute
to a new United Nations.
73. The President expressed the satisfaction of all present that human rights was
assuming the importance it deserved in the agenda of the United Nations. The
decolonization process and the abolition of apartheid represented two of the major
achievements of the United Nations in its first fifty years, and are fundamentally
important from the point of view of human rights and their observance.
74. The President observed that a major issue which had been highlighted during the
hearing related to the infringement of human rights in a massive way in a given Member
State. Does this give rise to international action in so far as a state infringing such
rights is concerned? Seeking an answer, the President noted that impassioned appeals
concerning Afghanistan had been expressed during the hearing; had the hearing been in
Africa, similar pleas would have been made about Sierra Leone, Burundi and other
countries.
75. The President recalled also that before Kosovo, there was Srebrenica where United
Nations Observers had witnessed brutal killings. They had done nothing. They could do
nothing. The inability of the United Nations to safeguard human life in spite of
its presence was a source of concern. The precedent which has emerged in Kosovo in
military action taken by a group of Member States outside of the parameters stated by the
Charter of the United Nations was also a source of concern in that it set precedents which
could impact on future international action.
76. The President emphasised the need to be aware of these lessons of history and to
recognise that the United Nations is dealing with a major issue of principle. It is
passing through a period of transition, moving through a tunnel, not yet reaching the end.
How, asked the President, will the United Nations respond to massive infringements of
human rights? The United Nations needs the courage to be true to itself and to realise
that this is a major issue which needs to be faced with responsibility. Srebrenica cannot
be repeated. The Charter needs to be observed. These two important points have to be
recognised and it is for diplomats, Governments and peoples to strive for a solution in
all humility.
77. The President stated that the Charter was a shield against aggression. The Charter
provided the parameters and basis for military action. The Security Council was mandated
by the Charter as the organ responsible for the maintenance of international peace and
security. Recent developments, particularly in Kosovo had demonstrated the need for
reflection. Whereas in the General Assembly all members were permanent members, in the
Security Council there were different categories of membership. Permanent membership in
the Security Council was the result of historical circumstances but also due to the global
responsibilities which such members had. Problems arose when due to the veto the Council
was unable to act in the interest of its primary responsibility in the maintenance of
international peace and security. It was important to emphasise that the Security Council
remained the primary Organ authorised to trigger the use of force under the terms of the
United Nations Charter as such ensuring its ability to act remained paramount.
78. The President noted that proposals had been put forward with respect to the veto.
Some had proposed the requirement of a double veto to effectively block any resolution.
The President proposed that another system could be envisaged which balanced both the need
to recognise the global responsibility of some States but at the same time the guarantee
that the Council would be able to act. He suggested the system of vote weighting similar
to that found in other institutions and organs such as the European Union. Such a system
would in effect give recognition to the global responsibility of designated States and
guard against the inability of the Council to act in cases of the casting of veto. The
President opined that this question of the veto was generating considerable reflection
within the context of ensuring the Security Councils effectiveness in the 21st Century.
79. Referring to the General Assembly, the President stated his view that it should
meet throughout the year, taking up major segments of concern such as peace and
disarmament, human rights and sustainable development. The fact that the main Committees
remain active is not enough - the Assembly must also be engaged on a continual basis.
80. Turning to the issue of poverty, the President expressed his dismay at the fact
that "we live in a world where nearly a billion people, a sixth of humanity are
functionally illiterate, where food rots and people starve". This is the challenge
for the United Nations of the 21st Century. Agreeing with one speaker, the President
emphasised that removal of poverty is not an act of charity but an investment in the
future. This in turn relates to what should be a changing role for the Trusteeship
Council, which should hold in trust the peoples of the world. Citing the noble concept of
common law, the concept of trust, the President proposed a new role for the Trusteeship
Council. The safeguarding of the common heritage of mankind, the safeguarding of peoples
in their own countries where a complete breakdown of the structures of state has occurred,
the safeguarding of starving peoples should be the role of the Trusteeship Council in the
21st Century.
81. In concluding, H.E. President de Marco called upon the audience to understand that
to invest in the United Nations is not simply to invest in an idea. Rather, to invest in
the United Nations is to invest in the future of our children. By thinking about tomorrow,
while learning from the mistakes of yesterday and today, a better future is possible.