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December 1, 2004
U.N. Report Urges Big Changes; Security Council Would Expand
By WARREN HOGE
http://www.nytimes.com/2004/12/01/international/01nations.html?th=&oref=login&pagewanted=print&position=

[U] NITED NATIONS, Nov. 30 - The United Nations on Tuesday proposed the most 
sweeping changes in its history, recommending the overhaul of its top 
decision-making group, the Security Council, and holding out the possibility 
that it could grant legitimacy to pre-emptive military strikes.

The changes were outlined in a much-anticipated report commissioned by 
Secretary General Kofi Annan a year ago after bruising division over the Iraq 
war left the United Nations feeling ill-equipped to meet modern challenges 
represented by terrorism, failed states, nuclear proliferation, poverty and 
violence.

In its most attention-getting recommendation, the panel called for an expansion 
of the Security Council to 24 members from 15. But the panel was unable to 
agree on one proposal and ended up suggesting two options. Both are intended to 
broaden the membership of the Council to reflect the world of today rather than 
the one that existed at the United Nations' beginning nearly 60 years ago.

The Council now has 5 veto-bearing permanent members - Britain, China, France, 
Russia and the United States - and 10 members elected to two-year terms.

One alternative would add 6 new permanent members - the likely candidates are 
Brazil, Germany, India, Japan, Egypt and either Nigeria or South Africa - as 
well as 3 new two-year term members.

The other would create a new tier of 8 semipermanent members chosen for 
renewable four-year terms and one additional two-year term seat to the existing 
10.

The right to cast vetoes, a power coveted by the nations seeking permanent 
status and one they are likely to press for, would continue to be limited to 
the 5 original permanent members.

The panel's 101 recommendations will inform a report in March from Mr. Annan, 
who is expected to refine them to 8 to 10 principal subjects to be taken up at 
a summit meeting of heads of state at the United Nations in September before 
the opening of the General Assembly.

Many of the recommendations in the 95-page report can be put into effect by the 
secretary general or the parts of the United Nations that would be affected. 
The new makeup of the Security Council, however, would require an amendment to 
the United Nations Charter, which requires approval in the General Assembly by 
two-thirds of the 191 member states, including all 5 permanent members, and 
ratification by the legislatures of their governments.

While the report created new offices and positions, it cast a critical eye on 
the stultifying bureaucracy of the United Nations, calling for a one-time 
voluntary retirement buyout for many staff members.

Asked what led to the proposal, a senior participant who briefed reporters on 
condition of anonymity said, "The sense that looking around the Secretariat, 
there is a lot of, frankly, dead wood, and that secondly there is a whole new 
generation within the Secretariat who are younger - in their 30's and 40's - 
who have an immense amount of field experience for the last 15 years. They're 
finding themselves feeling very frustrated and unable to advance."

The panel was very critical of the Human Rights Commission, a body that has 
often brought the United Nations into disrepute by incorporating some of the 
worst rights violators like Cuba, Libya and Sudan into its membership. The 
commission, which is based in Geneva, "suffers from a credibility deficit that 
casts doubt on the overall reputation of the United Nations," the report said. 
The official who briefed reporters added that too often the chief motivation 
for countries to join was to deflect attention from deplorable rights 
conditions at home.

Addressing the critical issue of the legitimacy of the use of force, a source 
of crippling tension at the United Nations last year when the United States was 
seeking Security Council authorization to go to war in Iraq, the panel said it 
found no reason to amend the charter's Article 51, which restricts the use of 
force to countries that have been attacked. The report said the language did 
not constitute, as some have asserted, a demand that nations wait to be 
attacked. And it said many countries had exercised the right to attack when 
they had felt threatened.

But it acknowledged that a new problem had risen because of the nature of 
terrorist attacks "where the threat is not imminent but still claimed to be 
real: for example, the acquisition, with allegedly hostile intent, of nuclear 
weapons-making capability."

It said that if the arguments for "anticipatory self-defense" in such cases 
were good ones, they should be put to the Security Council, which would have 
the power to authorize military action under guidelines including the 
seriousness of the threat, the proportionality of the response, the exhaustion 
of all alternatives and the balance of consequences.

Apparently in anticipation of objections from Washington over that requirement, 
the report said, "For those impatient with such a response, the answer must be 
that, in a world full of perceived potential threats, the risk to the global 
order and the norm of nonintervention on which it continues to be based is 
simply too great for the legality of unilateral preventive action, as distinct 
from collectively endorsed action, to be accepted. Allowing one to so act is to 
allow all."

Though the bitter dispute over whether to go to war in Iraq was a principal 
reason for the institutional crisis at the United Nations that persuaded Mr. 
Annan to appoint the panel, the official said members did not discuss it. He 
declined to speculate whether the recommended changes would have forestalled 
the diplomatic fallout over Iraq. "This was a forward-looking panel," he said.

The official said that at the outset, some of the panel members had been in the 
habit of faulting the United States for exaggerating the threat of terror and 
seeking what they called "perfect security." But he said the members had come 
to a sharp new appreciation of the menace of nuclear and chemical agents and 
how easily they could be infiltrated into Western societies.

The report addressed six specific and interconnected threats to international 
peace - "interstate conflict, civil war, economic and social threats, weapons 
of mass destruction, terrorism and organized international crime."

Addressing a long sought codification of terrorism that would not allow people 
to class it as an acceptable act of national resistance, the panel suggested 
defining it as any action "that is intended to cause death or serious bodily 
harm to civilians or noncombatants, when the purpose of such act, by its nature 
or context, is to intimidate a population or to compel a government or an 
international organization to do or abstain from doing any act."

In a sentence that may have been directed at members of the United Nations who 
habitually condemn violence by Israel while making no mention of attacks on 
Israel, the report said, "There is nothing in the fact of occupation that 
justifies the targeting and killing of civilians."

One area where the report criticized the United Nations was the ineffectiveness 
of existing conventions to curb the spread of nuclear material, and the report 
predicted that the "erosion of the nuclear regime could become irreversible and 
result in a cascade of proliferation." Noting that at least 40 nations have the 
capacity to build nuclear weapons on short notice, it said that a way had to be 
found to make the nonproliferation treaty an effective constraint.

The panel also urged a more aggressive approach to interventions when states 
fail in their primary responsibility to protect their own citizens. "There is a 
collective international responsibility to protect, exercisable by the Security 
Council authorizing military intervention as a last resort in the event of 
genocide and other large-scale killing, ethnic cleansing or serious violations 
of international humanitarian law which sovereign governments have proved 
powerless or unwilling to prevent," the report said.

The panel was headed by Anand Panyarachun, a former prime minister of Thailand, 
and included Brent Scowcroft, the United States national security adviser under 
the first President Bush; Yevgeny Primakov, a former prime minister of Russia; 
Qian Qichen, a former foreign minister of China; and Amr Moussa of Egypt, 
secretary general of the League of Arab States.

Copyright 2004 The New York Times Company


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