RP calls for reforms in UN Security Council

MANILA, Philippines – The Philippines called yesterday for reforms in the United Nations Security Council (UNSC) to begin with greater transparency and participation in the most powerful organ in the world body.

In a statement delivered in an open debate at the Security Council in New York, Ambassador Hilario Davide Jr., Philippine Permanent Representative, said changes in the Rules of Procedure should jumpstart reforms in the powerful UN body.

A discussion in the UNSC is in an “open debate” if it involves not only the permanent members of the body.

“The Rules of Procedure of the Security Council, which have remained provisional for 62 years, must now cease to be provisional,” Davide said, adding that this would remove any doubt that the UNSC has deliberately kept the rules of procedure provisional to give the body unlimited flexibility. The setup, however, makes judgments or responses to issues unpredictable.

“Such doubt should not be allowed a moment longer for it would not contribute to the respect and esteem due to the Security Council or to the strengthening of the trust and confidence in it of the member states,” he said.

The Philippines also called for greater participation in Security Council proceedings of UN member states that are not members of the council.

“Due process and the Rule of Law demand that member states which are not members of the Security Council but are the subject of Security Council scrutiny should have the right to appear before the Council at all stages of the proceedings thereon to state or defend their position on the issue subject of or related to the scrutiny,” Davide said.

He pointed out that Rules 37 and 38 of the Provisional Rules of Procedure limit the participation of non-council members to specific cases, and that any participation has to have the approval of the council.

“Why should the appearance of such non-Security Council member be limited to only after a decision has been reached? And why should such appearance be at the discretion of the Council?” he asked.

“This is a denial of due process, a violation of the basic principle of the Rule of Law. Due process and the Rule of Law require that a party must be heard before it is condemned,” Davide said.

He also called the council’s attention to a procedure that requires a request from a Security Council member before a resolution filed by any UN member is subjected to a vote.

“Why allow the state concerned to submit proposals or draft resolutions when these cannot at all be voted upon unless a Council member so requests?” Davide asked.

“If the proponent state has no friends in the Council, the right given to it to propose is rendered meaningless, an exercise in futility,” he said.

Davide recommended that Rule 37 be amended to grant any UN member state which is not a member of the Security Council but which is under its scrutiny the right to be present and to be heard during all proceedings.

In his speech, Davide also batted for more meetings – including informal ones – among the UN general members.

“This will further promote accountability and transparency and tend to enhance more active cooperation of the general membership with the Council on the implementation of decisions taken on such matter,” he said.

Davide stressed that the Security Council should also comply with the requirements of accountability, as pushed by the UN general membership.

“They expect output documents to be faithfully or truly reflective of the discussions/deliberations in the Council,” he said.  

“In short, they want to know if, indeed, the Council has acted on their behalf per Article 24 of the Charter,” he said.

He said UNSC should also consider releasing periodically to the General Assembly reports or substantive summaries of issues discussed.

“Periodic reporting would enable the General Assembly and the general membership to gain a more current appreciation of the status of matters before the Council,” he said, adding that the proposal is the most achievable among the reforms being pushed.

“These changes on reform in its working methods could have been successfully pursued much earlier were they not, unfortunately, mingled with or tied to the apron strings of other Security Council reform proposals, such as on the question of equitable representation on and increase in the membership of the Security Council, or even on the veto power,” he said.

“For the Security Council, calls for changes or reforms are becoming louder and stronger. In due course, it may even become irresistible,” Davide said.

The Philippines assumed the presidency of the UNSC in 2005.