Hardly radical, but it’s a start

Sep 15th 2005
From The Economist Global Agenda

As heads of state continue their summit in New York, the United Nations' General Assembly has accepted a package of reforms to the scandal-hit world body. The document is, naturally, full of fudges and omissions. But it is better than nothing

IT HAS been billed as the biggest gathering of world leaders ever: a five-year review of the Millennium Summit that set ambitious development goals, and a chance to modernise the United Nations. But the world leaders gathering in New York this week to sign off on a package of reforms to the world body have been given a document that falls short of many of the aims of its negotiators.

In the run-up to the summit, the beleaguered UN was wincing from a body blow. In a devastating report last week, the independent committee of inquiry into the UN-administered oil-for-food programme in Iraq castigated virtually every aspect of the world body, including its Security Council. The report painted a grim picture of corruption both inside and outside the UN system, with evidence of bribes, kickbacks, smuggling and other illicit deals going on throughout the vast programme.

In this environment, both fans and detractors of the UN agreed that it needed thoroughgoing reforms. The “outcome document”, which was adopted by the General Assembly on Tuesday September 13th, the day before the world leaders began their summit, tackles a range of crucial issues: humanitarian intervention, the definition of terrorism, creating a so-called Peacebuilding Commission, a new human-rights council, development, management reform, and expanding membership of the Security Council, the UN’s most powerful institution. Though some progress was made in the negotiations, the need for consensus meant that many worthy aims were watered down.

The main issues tackled by the negotiators were:

• Humanitarian intervention

The UN Charter prohibits intervention “in matters which are essentially within the jurisdiction of any state”. But a panel of experts argued in a high-level report in December 2004 that the principle of non-intervention could no longer be used to shield genocidal acts and other atrocities. The UN should assume a “responsibility to protect” civilian populations when governments are “unable or unwilling” to do so. Military action should be authorised by the Security Council as a last resort.

The United States was wary of any wording that smacked of a legal obligation, but in the end the language of the “responsibility to protect” section is fairly strong: the international community “has the responsibility” to use peaceful means to prevent or stop atrocities, and the document states that “we are prepared to take collective action” under Chapter VII—the one that allows the Security Council to authorise military force—should peaceful means fail.

• The Security Council

The council’s membership has become increasingly anachronistic and unrepresentative. But apart from the addition of four non-permanent members in 1963, bringing total membership to 15, it has eluded all reform. This is partly because of the rivalries of nations competing for seats and partly because of the blocking power of the five permanent, veto-wielding members: America, Russia, China, France and Britain. India, Brazil, Japan and Germany formed an alliance, dubbed the G4, to press jointly for permanent seats. But their hopes dimmed at the end of July when they failed to get the backing of the 53-member African Union, vital for winning the two-thirds majority vote in the General Assembly required for a Charter amendment. All plans for Security Council reform are now in tatters and may remain so. The summit document, while agreeing that the council should be made more representative, fails to say how.

• Development

Developing countries, supported by members of the European Union and some others in the rich world, want wealthy countries to commit to giving 0.7% of their GDP per year in development aid. The Americans, while they have increased their (unusually low) levels of foreign assistance under George Bush, think it is more important that aid recipients reform themselves, tackle corruption and prepare for investment.

Compromise language emerged in the end: America was prepared to see the document recognise that some countries are committed to the 0.7% goal, while it also reaffirms the need for action by countries that receive aid. Development wonks fear that this is nothing new, and that crucial momentum for “eradicating extreme poverty”, begun with the Millennium Summit in 2000, will be lost. Nicola Reindorp of Oxfam, a non-governmental organisation, said “the summit is in danger of failing before it has begun”, calling the language on development a showcase of past commitments, with nothing new to offer.

• Terrorism

The document says “we strongly condemn terrorism in all its forms”, and calls on the General Assembly to finish drafting a convention on terrorism this year. But in the end, the negotiators failed in their main task: to define terrorism. An earlier draft included strong language that “deliberate and unlawful targeting and killing cannot be justified or legitimised by any cause or grievance…Any such action intended to cause death or serious bodily harm…to intimidate a population or to compel a government…cannot be justified on any grounds.” But developing countries wanted a declaration that the fight against terrorism should not be used as an excuse to crush “the legitimate right of peoples under foreign occupation to struggle for their independence”—a nod to militants in places like Iraq and the West Bank. This was rejected by other countries, and in the end the terrorism section included no definition.

• Peacebuilding Commission

The summit will establish a Peacebuilding Commission to help prevent post-conflict nations from relapsing into violence. But a row over its control has meant that crucial details are left out of the document. The Americans and Europeans want it to be set up under the auspices of the Security Council, with the council’s five permanent members assigned automatic membership of the new body. Under the Security Council, they point out, the new commission would be taken seriously. But developing countries, which think the Security Council—especially the permanent five—already has too much power, want the Peacebuilding Commission to come under the General Assembly or the Economic and Social Council (ECOSOC), where their representation is stronger. Joint management by the Security Council and ECOSOC is a possible compromise but could leave the commission in effect rudderless. A final decision has been postponed, though the summit agreement calls on the commission to begin work by the end of the year.

• Human Rights Council

Rich countries, including America, want the UN’s discredited 53-member Commission on Human Rights to be replaced by a smaller, more powerful Human Rights Council. But this is being fiercely opposed by those who have most to fear—Zimbabwe, China and Cuba are all current members.

Although the principle of a new body has survived, there is no agreement on its structure, including how many members it should have, who should be included and who excluded.
America wants countries currently under UN sanctions or investigation for human-rights violations excluded, while countries including Pakistan and Egypt fought to keep it much as is. Leaving these details for further discussion down the road, the smmit agreement might bury the new Human Rights Council for some time. In one bright spot for human rights, however, the budget for the Office of the High Commissioner for Human Rights (an institution that is separate from, and more credible than, the Human Rights Commission) will be doubled.

• Non-proliferation

This part generated some of the fiercest disputes of all and, in the end, no agreement. The Americans wanted greater emphasis on arms control, believing the proliferation of weapons of mass destruction constitutes “the pre-eminent threat to peace and security”. Developing countries wanted the West to make new commitments to get rid of its own weapons, including nuclear warheads. They also wanted action against small weapons, which threaten poor countries far more than nuclear terrorism does. The summit document makes no mention of action on either. Kofi Annan, the UN’s secretary-general, told reporters on Tuesday that this omission was “a real disgrace”.

• UN management

In the wake of the oil-for-food scandal, America especially wanted to see a thorough overhaul of the UN’s working practices. Currently the secretary-general does not have enough power over budgets and personnel to oversee the sprawling organisation effectively, and America wanted to see him given more, in exchange for greater oversight. It also wanted more authority moved from the General Assembly, where every country has an equal vote, to the secretariat, but this was resisted by developing countries (which have a majority in the General Assembly).

In the end, the two sides could not agree. However, the document does urge a strengthening of the UN’s Office of Internal Oversight Services, and a full, independent and external audit of the UN and its agencies, which should make further recommendations to the secretary-general for reform. This is a start. John Bolton, America’s new ambassador to the UN, said the new measures “represent steps forward, but this is not the alpha and the omega, and we never thought it would be.”

The usually outspoken Mr Bolton’s subdued language was echoed in modest statements from other ambassadors as well. The reform document is not a big leap forward. Perhaps it will be, at least, the alpha if not the omega. But continuing reform of the kind Mr Bolton, Mr Annan, and others would like to see will require, most of all, a continued engagement by the UN’s member states—and especially its most powerful, often mercurial, one.

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