India and UN Security Council

IN NEWS:

India has been elected as a non-permanent member of the UN Security Council for a two-year term, winning 184 votes in the 193-member General Assembly.

THE UNITED NATIONS:

• The United Nations is an international organization founded in 1945.
• It takes action on issues confronting humanity in the 21st century, such as peace and security, climate change, sustainable development, human rights, disarmament, terrorism, humanitarian and health emergencies, gender equality, governance and food production.
• It is headquartered in New York City. The headquarters holds the seats of the principal organs of the UN excluding the International Court of Justice.
• According to the Charter, the United Nations has four purposes:
  • To maintain international peace and security
  • To develop friendly relations among nations
  • To cooperate in solving international problems and in promoting respect for human rights
  • To be a centre for harmonizing the actions of nations
• It is currently made up of 193 Member States.

PRINCIPAL ORGANS:

• The main organs of the UN are the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the UN Secretariat. 

• General Assembly:
  • The GA is the main deliberative, policymaking and representative organ of the UN. All 193 Member States of the UN are represented in the General Assembly, making it the only UN body with universal representation. 
  • Decisions on important questions, such as those on peace and security and admission of new members, require a two-thirds majority of the General Assembly. Decisions on other questions are by simple majority. 
• Security Council:
  • The Security Council is primary responsibility for the maintenance of international peace and security.  It has 15 Members: 5 permanent and 10 non-permanent.
  • The Security Council has a Presidency, which rotates, and changes, every month.
• Economic and Social Council:
  • The ECOSOC is the principal body for coordination, policy review, dialogue and recommendations on economic, social and environmental issues, as well as implementation of internationally agreed development goals.
  • It serves as the central mechanism for activities of the UN system and its specialized agencies in the economic, social and environmental fields, supervising subsidiary and expert bodies. 
• International Court of Justice:
  • The ICJ is the principal judicial organ of the United Nations. Its seat is at the Peace Palace in the Hague (Netherlands).
  • The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.
• Secretariat:
  • The Secretariat comprises the Secretary-General and tens of thousands of international UN staff members who carry out the day-to-day work of the UN.
  • The Secretary-General is chief administrative officer of the Organization, appointed by the General Assembly on the recommendation of the Security Council for a five-year, renewable term.

THE UN SECURITY COUNCIL:

MAJOR FUNCTIONS AND POWERS:

• To maintain international peace and security in accordance with the principles and purposes of the United Nations
• To investigate any dispute or situation which might lead to international friction
• To recommend methods of adjusting such disputes or the terms of settlement
• To formulate plans for the establishment of a system to regulate armaments
• To call on Members to apply economic sanctions and other measures not involving the use of force to prevent or stop aggression;
• to take military action against an aggressor;
• to recommend the admission of new Members;
• to recommend to the General Assembly the appointment of the Secretary-General.

PERMANENT MEMBERS:

• Also known as the Permanent Five, Big Five, or P5, they are the five sovereign states to whom the UN Charter of 1945 grants a permanent seat: France, Russia, Uk, USA and China.
• All five permanent members have the power of veto, which enables any one of them to prevent the adoption of any resolution, regardless of its level of international support.

NON-PERMANENT MEMBERS:

• Each year the General Assembly elects five non-permanent members (out of 10 in total) for a two-year term. Unlike permanent members, they do not have veto power.
• The 10 non-permanent seats are distributed on a regional basis:
  • Five for African and Asian States
  • Two for the Latin American and Caribbean States
  • One for Eastern European States
  • Two for Western European and other States
• This is the 8^th time India has been elected as a non-permanent member. The latest tenure begins in the beginning of 2021, and will hold the position until the end of 2022.
• For the upcoming term, India's work will be guided by the ‘5S’ approach of Samman (respect), Samvad (dialogue), Sahyog (cooperation), Shanti (peace) and Samriddhi (prosperity)

REFORMING THE COUNCIL:

• Reform of the UNSC encompasses five key issues:
  • Categories of membership
  • Question of veto held by the P5
  • Regional representation in the council
  • Size of an enlarged Council and its working methods
  • Security Council-General Assembly relationship
• Under the U.N. Charter, changes to the council’s composition require two-thirds approval within the General Assembly, plus ratification of the relevant legislation by two-thirds of member states, including the five permanent members of the Security Council.

Why reform the council:

• New realities: U.N. membership has expanded dramatically since 1945, from 51 to 193 nations. Also, the global economy has experienced tectonic shifts, especially in the past 30 years.
• Geographic exclusion: The UNSC is not geographically inclusive. For example, none of the P5 members are from the continents of South America or Africa.
• Veto power: Having nations with veto powers in the council makes it difficult to pass resolutions on critical matters. For eg, in 2017, the UNSC was unable to pass a resolution to investigate the use of chemical weapons in Syria because Russia used its veto.
• Failure of UNSC: Despite having a Security Council, the world find itself in recurring conflicts. This is evident in the ongoing crisis in Syria and Yemen, the hostilities with North Korea, Israel and Iran and in the cold war brewing between US and China.
• Weak global governance: There are no regulatory mechanisms for global commons like the Internet, Space and High Seas. Also, there is no unanimity on how to deal with global issues like terrorism, climate change, cybersecurity and public health, as seen in the current pandemic.

G4, UNITED FOR CONSENSUS AND EZULWINI CONSENSUS:

A serious push for UNSC reform occurred around the U.N. World Summit of 2005. The campaign exposed three solid blocs within the General Assembly:

• G4:
  • It consists of Japan, Germany, India and Brazil.
  • The G4 plans envisage a 25-member Council, including six new permanent members (G4 and two African countries) and an additional three elected seats.
  • The G4 each want a veto, but they have offered to defer its use for 15 years.
• United for Consensus (UfC):
  • Nicknamed the Coffee Club, it is a movement developed in opposition to the proposals of the G4.
  • It comprising of the G4 countries’ regional rivals—South Korea, Italy, Pakistan and Argentina—as well as other states.
  • UFC prefers expanding the council’s rotating membership, calling for 10 new elected seats—producing a 25-member UNSC.
• Ezulwini Consensus:
  • The Ezulwini Consensus was adopted by the Africa Union.
  • It envisions a 26-member council, including six new veto-wielding permanent members (two new permanent members be from Africa) and four new elected members.

WHY INDIA WANT A PERMANENT SEAT:

• To reflect new global order: The UNSC does not reflect the geopolitical realities of 21^st century-the emergence of a multipolar world order led by the global South. By any objective criteria, such as population, territorial size, economic potential, cultural diversity or political system, India is eminently qualified for permanent membership.
• Protect national interests through veto: India could use its veto power to defend matters of national importance, such as Kashmir issue, cross border terrorism and climate change. It would serve as a counterweight to China, its rival and an emerging hegemon in Asia.
• Recognition of Indian support to UN: India has a rich history of consistent international cooperation and fraternity, especially when it comes to the UN. India is the largest contributor to the UN Peacekeeping operations since it was established. India is also among the highest financial contributors to the UN, making regular donations to several UN organs like the United Nations Democracy Fund (UNDEF).
• National pride: India wishes to shift its international position from a ‘rule taker’ to a ‘rule maker’. India’s elevation will be an acknowledgment of its rise as a global power, ready to play a key role in the council’s objectives of international peace and security.

INDIAN PERSPECTIVES ON COUNCIL REFORMS:

• Categories of membership: India supports a ‘balanced’ increase in both permanent and non-permanent membership of UN Security Council. India has highlighted the need of Africa to be represented in both categories.
• Question of veto: India calls for the abolition of veto and till it exists, it needs to be provided for all new members of the permanent category of the Security Council. However, India is open to not exercising the veto by new permanent members for a fixed duration.
• Regional representation: India argues for an equitable geographical representation and the urgent need for mitigating the non-representation and under-representation of some regions in both the permanent and the non-permanent categories.
• Size of Council and Its Working Methods: If going in proportion with the number of UN members, the council size should be thrice the present. However, India, has not called for a three-fold expansion in the membership of the Council.
• Security Council-General Assembly relationship: India has called for a greater transparency and consistency to improve the relationship between the two.

CHALLENGES TO REFORMS:

• General consensus: Since changes to the council’s composition require two-thirds approval within the General Assembly, India needs to ensure a general consensus among the member nations- both within the General assembly as well as within the P5.
• Consensus within the P5: China is the only permanent member that has been ambiguous in its support for India. Also, USA has only lent rhetorical support to Security Council expansion but eschewed leadership on the issue. Without a consensus within the P5, reforms are impossible to come by.
• UfC: The 13-member United for Consensus (UfC) has been instrumental in holding back reforms to the United Nations Security Council over the past few years. Pakistan, has been leading the opposition to India’s inclusion in the UNSC’s list of permanent members.
• Differences over veto: There remains an ambiguity regarding veto power. India and the other G4 countries have agreed to forgo the veto power temporarily in return for permanent membership. However, the P5, while defended the need for their own veto powers, have not expressed support for the G4’s offer.
• Power dynamics: India has not exhibited its capacity to project its military power beyond the Indian Ocean region. Further, India heavily relies on weaponry imports from US and Russia for its military requirements. Hence, it limits India’s chances of exerting pressure over the P5.

WAY FORWARD:

• It was generally believed that in the absence of a global catastrophe, deadlock on UNSC reform is likely to persist. However, the COVID-19 pandemic has set the stage for a major overhaul of the global governance system.
• The pandemic could be the trigger for strengthening multilateralism to reflect contemporary realities.  To make the most of it, India needs to focus on strengthening itself economically, militarily & diplomatically in order to participate in major conversations and groupings.

PRACTICE QUESTION:

Q. The effectiveness, relevance and longevity of any institution lies in its dynamic character to adapt itself to the changing times. In this regard, analyze the need for reforming the UN Security council?