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Debate: Reform of the Security Council
Topic Started: 8th June 2016 - 10:44 PM (318 Views)
Achkaerin
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GENERAL ASSEMBLY AND CHARTER AMENDMENT SUBMISSION FORM
Formal Name of Submitting Nation(s): Technically the Secretary General herself but- Holy Empire of Achkaerin
Nations involved: All CTO Nations
Title of Submission: Reform of the Security Council

Quote:
 
Commonwealth Treaty Organisation
General Assembly Resolution


Resolution [XXXX]

Adopted by the General Assembly on [Date]


General Assembly,

Recognizing the inaction of the Security Council in regards to the Andean Genocide and the Mercian Genocide,

Noting that such inaction also extends to the crisis in the Union of Nordic Peoples,

Determined not to allow such inaction to occur again,

Acknowledging that the Security Council in its present format is not fit for purpose,

1. Believes that the present system of electing all Security Council members is the root cause of the problem.

2. Further believes that in order to prevent further inaction the Security Council must be reformed.

3. Therefore determines that the following amendment be made to the charter (delete I or II as appropriate)

Article/section being amended: 22/23/26/72
Current text:

Quote:
 


Article 22

1. The Security Council shall consist of no less than three and no more than six Members of the Commonwealth Treaty Organisation, elected by the General Assembly Members, with due regard being specially paid to the contribution of Members of the Commonwealth Treaty Organisation to the maintenance of international peace and security and to the other purposes of the Organisation.
2. Each member of the Security Council shall represent, and be elected by a majority of, members within a geographical region determined by the General Assembly, for a term of one year, and shall, as a group, be confirmed by the whole General Assembly.
3. A retiring member shall not be eligible for immediate re-election.
4. Each member of the Security Council shall have one representative.
5. The Security Council shall only convene when there are more than fifteen members of the General Assembly, and when the Security Council is not convened, the powers and authority it shall be vested in the entire General Assembly.
6. A member of the Security Council may resign their seat, or, should it be determined by a vote of two-thirds of members of General Assembly that the member has acted contrary to the spirit or letter of the Treaty, or has otherwise acted in a way which undermines the ability and integrity of the Security Council or Commonwealth Treaty Organisation, be removed from their position on the Security Council.
7. A motion to expel a member from the Security Council may only be submitted by a country in the same geographic region as the member.
8. Should a vacancy occur within the first 18 months of a Security Council term, the Secretary-General shall organise an election to fill the vacancy. This election will take place in accordance with Article 22, Section 3, with the assumption that an elected member will serve a full term.
9. Should it occur in the latter 18 months of a Security Council term, then the Security Council may elect a nation in good standing, from the appropriate region, to sit on the Security Council. Article 22, Section 3 shall not apply in this instance, and it shall be assumed the member is not serving an official term.
10. Should a motion be brought forward to expel a member of the Security Council, the Secretary-General shall determine independently whether the immediate presence of the member in the Security Council would cause a conflict of interest, and should that be the case, the member shall be suspended from the Security Council until the conclusion of the General Assembly vote.
11. A member of the Security Council dismissed by the General Assembly shall be required to rectify the issues noted in the Dismissal Resolution before being allowed to stand in future Security Council elections. This shall be determined by a unanimous vote of the Security Council upon the recommendation of the Secretary-General.

Article 23


1. In order to ensure prompt and effective action by the Commonwealth Treaty Organisation, 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.
2. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the Commonwealth Treaty Organisation. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XV.
3. The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.

Article 26

1. Each member of the Security Council shall have one vote.
2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of five members.
3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of more than half of Members of the Security Council.

Article 72

1. A General Conference of the Members of the Commonwealth Treaty Organisation for the purpose of reviewing the present Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any five members of the Security Council.

Proposed text:

Proposal I
 


Article 22

1. The Security Council shall consist of no less than three and no more than six Members of the Commonwealth Treaty Organisation, of which NAME shall be considered permanent members with the remaining three nations elected by the General Assembly Members, with due regard being specially paid to the contribution of Members of the Commonwealth Treaty Organisation to the maintenance of international peace and security and to the other purposes of the Organisation.
2. Non permanent members of the Security Council shall represent, and be elected by a majority of, members within a geographical region determined by the General Assembly, for a term of one year, and shall, as a group, be confirmed by the whole General Assembly.
3. A retiring member shall not be eligible for immediate re-election.
4. Each member of the Security Council shall have one representative.
5. The Security Council shall only convene when there are more than fifteen members of the General Assembly, and when the Security Council is not convened, the powers and authority it shall be vested in the entire General Assembly.
6. A member of the Security Council may resign their seat, or, should it be determined by a vote of two-thirds of members of General Assembly that the member has acted contrary to the spirit or letter of the Treaty, or has otherwise acted in a way which undermines the ability and integrity of the Security Council or Commonwealth Treaty Organisation, be removed from their position on the Security Council.
7. A motion to expel a member from the Security Council may only be submitted by a country in the same geographic region as the member.
8. Should a vacancy occur within the first 18 months of a Security Council term, the Secretary-General shall organise an election to fill the vacancy. This election will take place in accordance with Article 22, Section 3, with the assumption that an elected member will serve a full term.
9. Should it occur in the latter 18 months of a Security Council term, then the Security Council may elect a nation in good standing, from the appropriate region, to sit on the Security Council. Article 22, Section 3 shall not apply in this instance, and it shall be assumed the member is not serving an official term.
10. Should a motion be brought forward to expel a member of the Security Council, the Secretary-General shall determine independently whether the immediate presence of the member in the Security Council would cause a conflict of interest, and should that be the case, the member shall be suspended from the Security Council until the conclusion of the General Assembly vote.
11. A member of the Security Council dismissed by the General Assembly shall be required to rectify the issues noted in the Dismissal Resolution before being allowed to stand in future Security Council elections. This shall be determined by a unanimous vote of the Security Council upon the recommendation of the Secretary-General.
12. In the case of a permanent member of the Security Council vacating their seat, it shall be the responsibility of the remaining permanent members of the Security Council in consultation with the Secretary General to determine the replacement member.


Article 23


1. In order to ensure prompt and effective action by the Commonwealth Treaty Organisation, 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.
2. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the Commonwealth Treaty Organisation. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XV.
3. The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.
4. Permanent Members of the Security Council shall have power of veto over motions brought before the council.
5. A Permanent Member shall not be permitted to use its power of veto if the Secretary General or another member of the Security Council believes there to be a conflict of interest present.
6. The Secretary General may following the submission of a majority of the Security Council, and if they believe the action is warranted, overturn the use of a veto.


Proposal II
 


Article 22

1. The Security Council shall consist of five Members of the Commonwealth Treaty Organisation, NAME, they shall be permanent members determined with due regard being specially paid, in the first instance to the contribution of Members of the Commonwealth Treaty Organisation to the maintenance of international peace and security and to the other purposes of the Organisation.
2. Each member of the Security Council shall have one representative.
3. A member of the Security Council may resign their seat, or, should it be determined by a vote of two-thirds of members of General Assembly that the member has acted contrary to the spirit or letter of the Treaty, or has otherwise acted in a way which undermines the ability and integrity of the Security Council or Commonwealth Treaty Organisation, be removed from their position on the Security Council.
4. A motion to expel a member from the Security Council may be submitted by any member of the Commonwealth Treaty Organisation.
5. Should a vacancy occur within the first 18 months of a Security Council term, the Secretary-General shall following discussion with the remainder of the Security Council appoint a new member in accordance with the principles of Article 22 section 1.
6. Should a motion be brought forward to expel a member of the Security Council, the Secretary-General shall determine independently whether the immediate presence of the member in the Security Council would cause a conflict of interest, and should that be the case, the member shall be suspended from the Security Council until the conclusion of the General Assembly vote.
11. A member of the Security Council dismissed by the General Assembly shall be required to rectify the issues noted in the Dismissal Resolution before being allowed to stand in future Security Council elections. This shall be determined by a unanimous vote of the Security Council upon the recommendation of the Secretary-General.


Article 23


1. In order to ensure prompt and effective action by the Commonwealth Treaty Organisation, 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.
2. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the Commonwealth Treaty Organisation. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XV.
3. The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.
4. Permanent Members of the Security Council shall have power of veto over motions brought before the council.
5. A Permanent Member shall not be permitted to use its power of veto if the Secretary General or another member of the Security Council believes there to be a conflict of interest present.
6. The Secretary General may following the submission of a majority of the Security Council, and if they believe the action is warranted, overturn the use of a veto.

Article 26

1. Each member of the Security Council shall have one vote.
2. Decisions of the Security Council on all matters shall be made by an affirmative vote of more than half of Members of the Security Council.

Article 72

1. A General Conference of the Members of the Commonwealth Treaty Organisation for the purpose of reviewing the present Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any three members of the Security Council.



Any other details: People will note that no names of proposed permanent members are included instead NAME is used, this is simply because this cannot become a discussion about who the proposed permanent members are until the format is settled- especially considering how such knowledge may affect the decision of the General Assembly.
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Franz Kaufmann (1886-1944)
"Dartfordia opposes entrenched permanent membership of the Council. We believe all members of the Council should be elected, but we do also believe the current rotation system is unworkable. We'd therefore like to propose an alternative amendment:

Quote:
 
The Security Council shall consist of no less than three and no more than six Members of the Commonwealth Treaty Organisation, elected by the General Assembly Members, with due regard being specially paid to the contribution of Members of the Commonwealth Treaty Organisation to the maintenance of international peace and security and to the other purposes of the Organisation.
2. Each member of the Security Council shall represent members within a geographical region determined by the General Assembly, for an indefinite term, and be elected by the whole General Assembly.
3. Each member of the Security Council shall have one representative.
4. The Security Council shall only convene when there are more than fifteen members of the General Assembly, and when the Security Council is not convened, the powers and authority it shall be vested in the entire General Assembly.
5. A member of the Security Council may resign their seat, or, should it be determined by a majority vote of members of General Assembly that the member has acted contrary to the spirit or letter of the Treaty, or has otherwise acted in a way which undermines the ability and integrity of the Security Council or Commonwealth Treaty Organisation, be removed from their position on the Security Council.
6. Should a motion be brought forward to expel a member of the Security Council, the Secretary-General shall determine independently whether the immediate presence of the member in the Security Council would cause a conflict of interest, and should that be the case, the member shall be suspended from the Security Council until the conclusion of the General Assembly vote.
7. A member of the Security Council dismissed by the General Assembly shall be required to rectify the issues noted in the Dismissal Resolution before being allowed to stand for the Security Council. This shall be determined by a unanimous vote of the Security Council upon the recommendation of the Secretary-General.
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Submitted Legislation

The Kingdom of Dartfordia (Factbook - Vignettes - News - Press Office)
Founding member of the Cross-Straits Treaty Alliance (CSTO), Commonwealth Treaty Organisation (CTO) and Congress of Albion (PAC).
Member of the Cultural Exchange Treaty Organisation (CETO).
Signatory to the Mundus Convention on Universal Rights (MCUR), Fair Seas Concordat (FSC) and Uppsala Convention.
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Achkaerin
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Lisa Saunders, General Assembly Delegate


Lisa stood carefully and looked at the Dartfordian proposal slightly quizzical.

"It may just be the mess we've had to wade through with regards to another matter." she said "But if I may question what the difference is between electing for an indefinite term and appointing either in whole or part the Security Council? It seems to be an argument over semantics, as I understand it at present the General Assembly checks the Security Council, can remove members if necessary and all the rest of it, so I don't see the difference especially since if we were to hypothetically choose a model under the resolution before us for example Proposal II then when the Secretary General proposes the names of nations for that we would effectively be electing them by means of passing the resolution wouldn't we?"
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Franz Kaufmann (1886-1944)
"The major difference is one enshrines a member's right to be a permanent member of the Security Council into a treaty, while the other makes it easier to hold such members to account."
Posted ImageThe Most Honourable Marquess CGJ PC
Vice Chancellor


Coauthor of the Order's most viewed vignette series: Beaxander, as well as BeaXtra, 50 Shades of Chalk and Beaxotica.

Submitted Legislation

The Kingdom of Dartfordia (Factbook - Vignettes - News - Press Office)
Founding member of the Cross-Straits Treaty Alliance (CSTO), Commonwealth Treaty Organisation (CTO) and Congress of Albion (PAC).
Member of the Cultural Exchange Treaty Organisation (CETO).
Signatory to the Mundus Convention on Universal Rights (MCUR), Fair Seas Concordat (FSC) and Uppsala Convention.
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Astetoth
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Mr Hokh took his turn "Lakhzovia agrees with our Dartfordian friends. The elevation of a small group of nations to a position of privilege in perpetuity seems to us perversely unjust in an organisation that should take as its starting point the equal right to representation. We feel that the proposal to create a permanent privileged 'caste among nations' is antithetical to the nature of this body.

We therefore support Dartfordia's compromise. There is in fact a world of difference between a proposal that endows specific nations with an inherent right to a limited privilege and one that makes the term indefinite but with the understanding that the basis of that position is by the consent of the electors who are explicitly able to remove nations should they fail to live up to their mandate.

Lakhzovia feels that the Dartfordian proposal is inherently more democratic, less likely to generate resentment and healthier for this organisation."

Lakhzovia Factbook || Lakhzov Constitution

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DaveIronside
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Bendix Landau (1880-1939)
"Originally East Moreland believed that a permanent Security Council made a mockery of democracy, however as the CTO is at present a mockery we see the use of a permanent Secuirty Council as the lesser of two evils. However if we are to have such a thing it should be elected members to serve until such a time as the international community see fit to end their tenure. I also believe that we should have permanent seats supported by elected members for each region."
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Serenity Azurewind, CTO Secretary General

"Ladies and Gentlemen if I may?" Serenity asked raising her hand from where she stood at the front of the room "Can I suggest we try and deal with this matter efficiently? I'm quite happy to accept the point made by the Dartfordian delegate but I would have a couple of concerns should we proceed with that amendment, though I do understand the basis of it. However that is a discussion for what I hope will be shortly in this debate.

First may I ask that the General Assembly which model it would like to consider at the very basic level? Forget the nitty gritty of the resolution for the moment and simply tell me whether you prefer the model proposed in Proposal I- a hybrid model whereby we have a half elected, half permanent/indefinite. Or Proposal II which is one of totality where all the members are there permanently.

It strikes me that before we continue we must first answer this question lest we start confusing ourselves through attempts to make both workable within this organisation."



OOC- ok this will be my last OOC note (barring disaster) but I want to lay out what I think we need to do timetable wise

1- make the decision outlined above
2- determine resolution text/implementation
3- vote
Edited by Achkaerin, 10th June 2016 - 08:18 PM.
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DaveIronside
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Bendix Landau (1880-1939)
"Personally I believe the system using part permanent and part elected nations should be used"
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"This is also the view of Lakhzovia."

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Franz Kaufmann (1886-1944)
"Dartfordia would support proposal I. Although we would insist on members not having their names in the treaty."
Posted ImageThe Most Honourable Marquess CGJ PC
Vice Chancellor


Coauthor of the Order's most viewed vignette series: Beaxander, as well as BeaXtra, 50 Shades of Chalk and Beaxotica.

Submitted Legislation

The Kingdom of Dartfordia (Factbook - Vignettes - News - Press Office)
Founding member of the Cross-Straits Treaty Alliance (CSTO), Commonwealth Treaty Organisation (CTO) and Congress of Albion (PAC).
Member of the Cultural Exchange Treaty Organisation (CETO).
Signatory to the Mundus Convention on Universal Rights (MCUR), Fair Seas Concordat (FSC) and Uppsala Convention.
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Achkaerin
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Serenity looked around the room and then up towards where the Achkaerinese delegation sat
"Ms Saunders?" Serenity asked

"Achkaerin has no preference to either format on the provision that under Proposal I the permanent members are not allocated by geographic boundaries in the same way that we elect nations." Lisa said

"Very well then" Serenity said "It seems that there's a leaning towards Proposal I's model of a hybrid model of Security Council. With that seeming to be the will of the Assembly we now turn to the terms of the amendment under that proposal, factoring in the Dartfordian delegates points I believe the following is a suitable starting point."

Quote:
 
Article 22

1. The Security Council shall consist of no less than three and no more than six Members of the Commonwealth Treaty Organisation, of which three shall be considered permanent members with the remaining three nations elected by the General Assembly Members, with due regard being specially paid to the contribution of Members of the Commonwealth Treaty Organisation to the maintenance of international peace and security and to the other purposes of the Organisation.
2. Non permanent members of the Security Council shall represent, and be elected by a majority of, members within a geographical region determined by the General Assembly, for a term of three years.
3. A retiring member shall not be eligible for immediate re-election.
4. Each member of the Security Council shall have one representative.
5. The Security Council shall only convene when there are more than fifteen members of the General Assembly, and when the Security Council is not convened, the powers and authority it shall be vested in the entire General Assembly.
6. A member of the Security Council may resign their seat, or, should it be determined by a vote of two-thirds of members of General Assembly that the member has acted contrary to the spirit or letter of the Treaty, or has otherwise acted in a way which undermines the ability and integrity of the Security Council or Commonwealth Treaty Organisation, be removed from their position on the Security Council.
7. A motion to expel a member from the Security Council may only be submitted by a country in the same geographic region as the member.
8. Should a vacancy occur within the first 18 months of a Security Council term, the Secretary-General shall organise an election to fill the vacancy. This election will take place in accordance with Article 22, Section 3, with the assumption that an elected member will serve a full term.
9. Should it occur in the latter 18 months of a Security Council term, then the Security Council may elect a nation in good standing, from the appropriate region, to sit on the Security Council. Article 22, Section 3 shall not apply in this instance, and it shall be assumed the member is not serving an official term.
10. Should a motion be brought forward to expel a member of the Security Council, the Secretary-General shall determine independently whether the immediate presence of the member in the Security Council would cause a conflict of interest, and should that be the case, the member shall be suspended from the Security Council until the conclusion of the General Assembly vote.
11. A member of the Security Council dismissed by the General Assembly shall be required to rectify the issues noted in the Dismissal Resolution before being allowed to stand in future Security Council elections. This shall be determined by a unanimous vote of the Security Council upon the recommendation of the Secretary-General.
12. In the case of a permanent member of the Security Council vacating their seat, it shall be the responsibility of the remaining permanent members of the Security Council in consultation with the Secretary General to determine the replacement member and present the nomination to the General Assembly for approval.


Article 23


1. In order to ensure prompt and effective action by the Commonwealth Treaty Organisation, 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.
2. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the Commonwealth Treaty Organisation. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XV.
3. The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.
4. Permanent Members of the Security Council shall have power of veto over motions brought before the council.
5. A Permanent Member shall not be permitted to use its power of veto if the Secretary General or another member of the Security Council believes there to be a conflict of interest present.
6. The Secretary General may following the submission of a majority of the Security Council, and if they believe the action is warranted, overturn the use of a veto.
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OOC- I'm going to leave this open until Saturday evening UK time, if no one responds by then I'll motion this to vote.
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'Surely there should be some way to remove these people, what if someone who committed genocide was a member of this council they could easily veto any chance for other nations to help the people affected, surely we need some form of oversight on this council'
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Bendix Landau (1880-1939)
"I believe the ambassador from Veduro may have missed a section, part of the proposed change states " A member of the Security Council may resign their seat, or, should it be determined by a vote of two-thirds of members of General Assembly that the member has acted contrary to the spirit or letter of the Treaty, or has otherwise acted in a way which undermines the ability and integrity of the Security Council or Commonwealth Treaty Organisation, be removed from their position on the Security Council." I believe that this should put your fears to rest, and that should they be accused of something horrific as genocide then their expulsion from the Security Council would be swift." Sir Jacob explained.
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"Sir Jacob is correct, I would simply add that the proposed amendment to article 23 section 5 states that if a nation with a veto is involved in a matter being discussed then their veto is forfeit for that matter." Serenity said taking a breath "Also to make it clear we use the term 'Permanent Member' to describe a member of the Security Council who is not elected, in the treaty it will be important to make the differential between the elected and the non-elected."
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OOC- It's father's day so I'm out tonight with family, I intend to put this to vote when I get back.
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