Intergovernmental negotiations (IGN) on Security Council reform

New York, 7 March 2022

 

Statement by H.E. Mr. Olivier Maes

Ambassador, Permanent Representative of Luxembourg

on behalf of the Benelux countries (Belgium – the Netherlands – Luxembourg)

 

Dear Co-Chairs,

Thank you for giving me the floor. I have the honor to speak on behalf of the three Benelux countries: Belgium, the Netherlands, and my own country, Luxembourg.

Allow me to begin by reaffirming our unwavering commitment to the sovereignty, independence, unity and territorial integrity of Ukraine within its internationally recognized borders. We condemn in the strongest possible terms the Russian Federation’s unprovoked and unjustified military aggression against Ukraine in violation of the United Nations Charter. We stand with Ukraine and deplore the loss of life and human suffering caused by Russia’s aggression.  

Dear Co-Chairs,

In your letter of 11 February, you have invited us to engage in thorough discussions of two key issues: categories of membership and the question of the veto. This is very timely.

We will focus our intervention on the question of the veto, one of the issues where it has been most difficult to identify clear convergences between the positions of Member States.

The veto has been used numerous times over the past years, with far-reaching consequences, preventing the Security Council from discharging its mandate effectively. The veto was used on 28 occasions since the IGN started. Recent examples include the veto on 13 December last year, which prevented the adoption of a resolution addressing the crucial link between climate and security, which was supported by a broad majority of Member States. Just ten days ago, on 25 February, the Russian Federation blocked a resolution by which the Council would have condemned in the strongest terms the Russian Federation’s aggression against Ukraine in violation of Article 2, paragraph 4 of the United Nations Charter.

Distinguished Co-Chairs,

The Benelux countries belong to the significant, growing number of Member States supporting limitations to the veto, as mentioned on page 8 of the Co-Chairs’ Elements Paper of 29 April 2021.

More specifically, we strongly support the Political Declaration on Suspension of Veto Powers in Cases of Mass Atrocity presented by France and Mexico during the 70th session of the UN General Assembly and aimed at securing voluntary restraint on the use of the veto by the permanent members of the Security Council in situations involving mass atrocity crimes.

In the same vein, like more than 110 other Member States, including two permanent members of the Security Council, France and the United Kingdom, the Benelux countries have signed up to the Code of conduct regarding Security Council action against genocide, crimes against humanity and war crimes, which was launched on 23 October 2015, on the occasion of the 70th anniversary of the United Nations. By adhering to this Code of conduct, Member States:

(1)   Pledge to support timely and decisive action by the Security Council aimed at preventing or ending the commission of genocide, crimes against humanity or war crimes; and they

(2)   Pledge in particular to not vote against a credible draft resolution before the Security Council on timely and decisive action to end the commission of genocide, crimes against humanity or war crimes, or to prevent such crimes.

Let me use this opportunity to encourage those Member States who have not yet done so to support the initiative of France and Mexico as well as the Code of conduct elaborated in the framework of the Accountability, Coherence and Transparency Group (ACT Group).

We believe the General Assembly has a political responsibility to address situations where the use of the veto leads to paralysis in the decision-making of the Security Council. In that context, we wish to recall Article 24 of the UN Charter: “In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf”. We see merit in ensuring that the General Assembly plays its role in addressing urgent situations, when the Security Council fails to take prompt and effective action due to the use of the veto. In this regard, we welcome last week’s emergency special session of the General Assembly and the adoption on March 2 of the resolution entitled “Aggression against Ukraine” with the support of 141 Member States.

Dear Co-Chairs,

The above, in our view, constitutes an area of growing convergence on the need to limit and minimize the use of the veto. We encourage you to reflect this trend as you adapt the Co-Chairs’ Elements Paper.

Today, more than ever, it is incumbent upon us to ensure that the Security Council is able to fulfill its mandate to maintain international peace and security on behalf of all of us members of the United Nations. The credibility and the effectiveness of the Council and the UN as a whole are at stake.

I thank you.