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2.1 There are, readily available, a large number of books, manuals and
pamphlets as well as information on web sites describing the structure of
the United Nations. However, a brief outline will be made here for ease of
access for the reader and in order to set the context for the discussion in
this report.1 Given the complexity of the organisation, however, this
chapter will not be the definitive statement on the UN.
The Charter
2.2 The Charter of the United Nations was drawn up by representatives of the
50 states that gathered in San Francisco between April and June 1945.
Fifty-one states signed the Charter and these states constituted the original
organisation. The Charter is the constitution of the UN, in 19 chapters,
setting out the rights and obligations of members, the principles,
purposes, procedures and structure of the organisation. It is also an
international treaty, a comprehensive articulation of international law,
which must be signed by all member states.
2.3 The Charter can be amended by a vote of two-thirds of the members of the
General Assembly. Amendments must be ratified by two thirds of the
members of the UN, including the five permanent members of the
Security Council. There have been only four articles amended to date -
Articles 23, 27, 61 and 109. Two of these amendments were structural,
dealing with the membership of the Security Council or ECOSOC and two
1 For much of the information used in this Chapter, the committee is particularly grateful for the
United Nations Handbook 1999, developed by the New Zealand Ministry for Foreign Affairs and
Trade/Manatu Aorere and supplied to the committee by the New Zealand High Commission
and the United Nations' own handbook, Basic Facts About the United Nations.
18
Membership
2.5 The current membership of the United Nations is 189.3 Members are
admitted to the General Assembly on the recommendation of the Security
Council. Almost all the nations of the world now belong; it can be truly
described as a universal organisation.
2.6 However, Switzerland is not yet a member of the United Nations. The
Peoples' Republic of China became 'the only legitimate representatives of
China' in 1971, excluding Taiwan from the UN.4 The two German states,
which had separate membership after 1975 as the German Democratic
Republic and the Federal Republic of Germany, became one state in 1991
and now have single representation under the name Germany. Until 1991
neither of the Korean states were admitted. In 1948 the General Assembly
recognised South Korea as the only legitimate government in Korea, but
the Soviet Union vetoed its membership. North Vietnam sought the
membership of two states for Vietnam in 1975. This was vetoed by the
United States but agreed in 1977 after the official unification of the two
2 Exhibit No. 66. Basic Facts About the United Nations. 1998. United Nations, New York, p. 5.
3 At the time of printing in June 2001.
4 In 1945, the Republic of China was one of the original permanent members of the Security
Council. In 1949, however, after the Communists assumed power in mainland China and the
nationalist government fled to Taiwan, the Taiwanese-based government, as the result of a
vote in the General Assembly of 43 to 15, retained the representation of China in both the
General Assembly and the Security Council. The United States moved that the question be
designated as an 'important question', thereby requiring a two-thirds vote for any change in
this situation to occur. In 1971, after the visit of Henry Kissinger to China, support for the
entry of the government of the People's Republic of China (PRC) was sufficient to bring about
the change. The Taiwanese delegate walked out of the General Assembly, which then voted to
expel the Republic of China and admit the PRC into the UN.
THE STRUCTURE OF THE UNITED NATIONS - FACTS AND FIGURES 19
2.9 Unofficially, member states divide into five regional groupings - African
states, Asian states, Eastern European states, Latin American and
Caribbean states, and Western European and other states. The United
States does not belong to any of the regional groupings, but is an observer
to the Western European and Other Group and is considered to be a
member of this group for electoral purposes.5
Security Council
Functions
2.10 While not strictly analogous, the Security Council has a role not dissimilar
to the executive branch of government. It has limited membership. Its
decisions, taken in accordance with the powers given it under the Charter,
are legally binding. The five permanent members have a veto power. It
meets almost continuously and some sessions are held in public.
2.11 Its primary function is to maintain international peace and security and
this function is both preventive and reactive, that is, it can examine
situations that threaten peace and security and it can order ceasefires,
impose sanctions or take military action against an aggressor. It governs
the peacekeeping role of the United Nations and it is responsible for the
regulation of armaments. Procedurally, the Council is responsible for
5 New Zealand Ministry of Foreign Affairs and Trade/Manatu Aorere. United Nations Handbook
1999. Wellington, p. 19.
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Membership
2.12 Currently,6 the Council has 15 members, five of them permanent members
and 10 elected by the General Assembly for two-year terms. Elections are
conducted each year in the General Assembly for half of the non-
permanent members. The five permanent members are China, France, the
Russian Federation,7 the United Kingdom and the United States. In the
election of the non-permanent members, the General Assembly must seek
to preserve an equitable geographic distribution on the Council as well as
consider the contribution of the proposed member to the maintenance of
international peace and security.
6 In 1965 the Charter was amended to increase the membership of the Security Council from 11
to 15, the five permanent members remained unchanged, but the non-permanent members
increased from 6 to 10. The number of votes for an affirmative decision was increased at that
time from seven to nine.
7 As of 24 December 1991, the Russian Federation continued the membership of the Soviet
Union in all United Nations organs.
THE STRUCTURE OF THE UNITED NATIONS - FACTS AND FIGURES 21
Asian states, one from 21 Eastern European states, two from 33 Latin
American and Caribbean states and two from 26 Western European and
Other states. The countries that have served most frequently as non-
permanent members of the security council are: Japan (8), Brazil (8),
Argentina (7), India (6), Canada (6), Egypt (5), Pakistan (5), Poland (5),
Colombia (5), Italy (5) and the Netherlands (5). For the purpose of
elections, Australia is in the Western European and Other Group (WEOG).
Australia has sat on the Security Council four times. In the WEOG, only
Canada (6) and Italy (5) and the Netherlands (5) have served more often.
2.14 There is a rotating Presidency for the Security Council, decided on the
basis of English alphabetical order of names of member states. The
position is held for one month at a time.
Consideration of Issues
2.15 Any member of the United Nations (Article 35) or the Secretary General
(Article 99) can call for a meeting of the Council to consider a matter of
concern. Once a dispute is placed before the Council, there is usually an
adjournment during which delegations:
2.17 Only the Security Council makes legally binding rulings; all other organs
of the UN make recommendations only to member states. The Charter
obliges member states who have signed it to comply with decisions of the
Council.
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Committees/Peace Operations
2.18 The Security Council is supported by and supervises a series of
committees. There are:
International Tribunals
2.19 In 1993 and 1994, in the absence on any permanent, international, judicial
procedure to deal with offences against international humanitarian law,
the Security Council, acting under Chapter VII of the UN Charter,
established two tribunals.
2.20 The first, on the basis of SC Res 808 (1993) and SC Res 827 (1993),
established and adopted the statute of an international tribunal for the
prosecution of persons responsible for serious violations of international
humanitarian law committed in the territory of the Former Yugoslavia
since 1991. The General Assembly elected 11 judges to the Tribunal in
1997. They come from Italy, Morocco, Australia, France, the UK, the USA
(President), Zambia, Colombia, Egypt, Portugal, Jamaica, Guyana (Vice-
President), Malaysia and China.
2.21 The second, on the basis of SC Res 955 (1994), established and adopted the
statute for the international tribunal for the prosecution of persons
committing genocide and other serious violations of international
humanitarian law during 1994 in the territory of Rwanda. The General
Assembly has elected nine judges to the tribunal on Rwanda. They come
from Slovenia, Sri Lanka, Turkey, Senegal, Norway (Vice-President), the
Russian Federation, South Africa (President), Tanzania and Jamaica and
St Kitts.
General Assembly
Function
2.22 If we maintain the analogy that the Security Council has some of the
elements of the executive branch of government, then the General
Assembly would be analogous to the legislature. It is a meeting place, a
forum to discuss any world problems common to its members and within
the Charter. However, it is a 'parliament' with limited powers. Its
decisions are advisory only; it makes recommendations to governments,
but it must rely on the weight of world opinion to influence the actions of
member governments or the Security Council.
2.23 In addition to its role of debating issues of world importance, the General
Assembly has certain procedural functions:
T To receive and consider reports from the other organs of the UN;
Membership
2.24 All members of the United Nations are represented in the General
Assembly. It has grown from an initial membership in 1945 of 51 to 189
members in January 2001. It is in the General Assembly that the sovereign
equality of states is demonstrated; each member of the assembly has one
vote. On matters defined as 'important questions', a two-thirds majority is
required to pass recommendations or resolutions. On ordinary questions
a simple majority is all that is required.
Sessions
2.25 The General Assembly meets once a year at UN headquarters in New
York. This regular session begins on the first Tuesday following
1 September and lasts until mid-December. Special sessions may be
convened at the request of the Security Council or at the request of a
majority of UN members. At the beginning of each session, the General
Assembly votes for a President. It is a position that rotates through the
regional groupings - African and Asian; Eastern European; Latin
American and Caribbean; and the Western European and Other Group.
Committees/Commissions/Working Groups
2.26 The number of matters to be discussed by the General Assembly is so
great that most questions are dealt with in committees in the first instance
and are brought before the General Assembly for a vote at the end of the
session. Resolutions, negotiated and drafted in the specialist committees,
THE STRUCTURE OF THE UNITED NATIONS - FACTS AND FIGURES 25
are voted on in plenary sessions only. There are six main deliberative
committees:
2.27 In addition, there are two procedural committees, one that governs the
agenda for the Assembly and the other that examines the credentials of
representatives. Members for these committees are appointed at the
beginning of each session.
2.28 There are also two standing committees that deal with continuing issues
during and between regular sessions. They are the Advisory Committee
on Administrative and Budgetary Questions (ACABQ) and the Committee
on Contributions.
2.33 The Economic and Social Council is both a forum for discussion and a
coordinating agency for work on the economic and social issues that affect
states. Like all organs of the UN, it represents governments and it reports
to the General Assembly. It was hoped that cooperation in these 'non
political' fields would engender greater cooperation in the political arena.9
ECOSOC covers a wide range of activities: economic progress,
employment, health and education, scientific development, environmental
protection, cultural cooperation, control of international crime and drug
trafficking, civil aviation and the protection and promotion of human
rights.
Sessions
2.34 ECOSOC holds one substantive session per year, between May and July,
alternately in New York or Geneva.
Membership
2.35 It is one of the largest and most significant organs within the United
Nations. It has 54 members selected on the basis of the geographic
regions: African states (14), Asian states (11), Eastern European states (6),
Latin American and Caribbean states (10), and Western European and
9 Interestingly, the Australian delegate to the League of Nations, Stanley Bruce, had suggested
this in a report from the Bruce Commission in late 1939. It recommended the expansion of the
existing economic and social activities of the [League] and the establishment of a high-
powered council within the League to organise this work. The recommendation lapsed with
the demise of the League during World War II. But the Council was revived when discussion
on the establishment of the United Nations was discussed after the war. Quoted from Luard,
Evan. The United Nations: How it Works and What it Does. 1994. St. Martin's Press, New York,
p. 62.
THE STRUCTURE OF THE UNITED NATIONS - FACTS AND FIGURES 27
Other states (13). Members serve for three-year terms. Each member has
one vote and resolutions are passed by a simple majority.
Structure
2.36 The broad range of matters that interest ECOSOC is formally dealt with by
nine functional commissions:
T Africa;
T Europe;
T Western Asia.
2.39 There are also four standing committees, largely procedural, and a
number of expert bodies. At the request of the General Assembly,
ECOSOC is conducting a review of its functions and structures.
2.40 There are two other sets of organisations, which relate to the UN and to
the economic and social work of ECOSOC. Broadly they can be defined as
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i) the Funds and Programs of the United Nations, and ii) the Specialised
Agencies.
Specialised Agencies
2.42 In addition, ECOSOC has a coordinating role in the work of the
specialised agencies. The Specialised Agencies are quite separate and
autonomous from the UN. They are established by inter-governmental
agreements. Often their existence precedes the establishment of the UN.
They are brought into a relationship with the UN by Articles 57 and 63,
and therefore some coordination of their activities may occur through
ECOSOC. They include such organisations as:10 the World Health
Organisation (WHO), the Food and Agriculture Organisation (FAO), the
International Civil Aviation Organisation (ICAO), the Universal Postal
Union (UPU), the International Telecommunication Union (ITU), the
World Meteorological Organisation (WMO), the UN Educational,
Scientific and Cultural Organisation (UNESCO), the International Labour
Organisation (ILO), the World Bank (WB), the International Monetary
Fund (IMF)
Trusteeship Council
10 For a comprehensive list see Appendix F. More detailed information on the structure and
function of these organisations can be obtained either from the UN web site or the individual
web sites for the organisations themselves.
THE STRUCTURE OF THE UNITED NATIONS - FACTS AND FIGURES 29
2.44 The International Court of Justice was established as one of the primary
organs of the UN, its purpose and structure defined in the Charter. It is
both the arbiter of and the source of advice on international law for the
United Nations.
2.45 Its arbitration function is to settle disputes between states, and only states
- individuals may not bring cases to the Court. However, acceptance of
the jurisdiction of the court in any dispute is voluntary for the states
concerned. Under Article 94, the Security Council can decide on
'measures to be taken to give effect to the judgement' of the Court. It has
never done so.
2.46 It also gives advisory opinions on international law. However, the law
that it interprets is not confined to the Charter or particularly to UN
conventions. International law predates the establishment of the UN and
the Court can, and does, give opinions on international customary law and
on conventions and treaties outside of the UN system; on the general
principles of law recognised by nations.
represent the major judicial systems of the world. Judges serve a nine-
year term and may be re-elected. Five judges retire every three years.
They may not engage in any other occupation during their term of office.
2.49 The current composition of the ICJ is as follows: President Gilbert
Guillaume (France); Vice-President Shi Jiuyong (China); Shigeru Oda
(Japan); Mohammed Bedjaoui (Algeria); Raymond Ranjeva (Madagascar);
Géza Herczegh (Hungary); Carl-August Fleischhauer (Germany); Abdul G
Koroma (Sierra Leone); Vladlen S Vereshchetin (Russian Federation);
Rosalyn Higgins (United Kingdom); Gonzalo Para-Aranguren
(Venezuela); Peiter H Kooijmans (Netherlands); Francisco Rezek (Brazil);
Awn Shawkat Al-Khasawneh (Jordan); Thomas Buergenthal (United
States of America).
Secretariat
2.50 The Secretariat is the civil service that administratively supports the
United Nations. The Secretary-General is the head of the Secretariat and
the chief administrative officer of the United Nations. Since its inception
there have been seven Secretaries-General of the UN.
Numbers
2.54 The United Nations headquarters in New York, the offices and
departments listed above at paragraph 2.52, is staffed by 4,500 civil
servants. Overall, in New York, Geneva and Vienna, the secretariat staff is
8,700. There are 52,100 employees world-wide. This number includes the
secretariat staff in New York as well as the all the programs, funds and
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Cost
2.56 Salaries for professional staff are based on US federal civil service
employees with an adjustment for the cost of living in New York. The UN
salaries are significantly lower (by as much as 50 per cent) than those paid
to employees in other multilateral organisations such as at the European
Union (EU), the Organisation for Economic Cooperation and
Development (OECD), the North Atlantic Treaty Organisation (NATO) or
the World Bank. They are as much as 30 per cent lower than US private
sector salaries. Pay is regulated by the International Civil Service
Commission, which reports to the General Assembly. Additional benefits
are strictly limited. Salaries are not tax free; staff assessments, the UN
equivalent of tax, range from 28 to 34 per cent of gross salary. No tax
rebates are available to staff. Some grants are made for a portion of
education expenses for internationally recruited staff. There is no free
parking.15 Employees are not permitted to accept supplementary
payments or subsidies from their governments.
2.57 The cost of the whole UN system is $US10 billion per annum. This
amount comprises the Regular Budget, the Peacekeeping budget and the
budget for the international tribunals (Yugoslavia and Rwanda). A
formula for assessments is applied for each of these 'mandatory'
12 Permanency has been a feature of the UN system, but the organisation like many others, is
moving to contract arrangements for its professional staff. Notes from discussions with UN
Secretariat staff, October 2000.
13 United Nations. 'Who works at the UN?', posted June 1999.
www.un.org/geninfo/ir/ch2/ch2.htm, visited 22 May 2001.
14 Figures are from the Australian Bureau of Statistics, Wage and Salary Earners Australia,
September Quarter 2000. The Commonwealth figures include officers in statutory authorities
but not members of the armed services. It is not clear what the ABS has included in state and
local government figures. See Australian Bureau of Statistics. 'Welcome to AusStats!', posted
18 May 2001. www.abs.gov.au/ausstats, visited 22 May 2001.
15 This is apparently a significant issue in New York.
THE STRUCTURE OF THE UNITED NATIONS - FACTS AND FIGURES 33
2.58 The administrative cost of running the secretariat of the United Nations in
New York, Geneva, Vienna and Nairobi is $US1.25 billion per annum.
This budget has been frozen since 1994. This is the Regular Budget of the
United Nations and it is paid for by the membership dues or assessments
from the member states. What each countries' contributions will be are
assessed by the Committee on Contributions on the basis of a formula,
agreed by member states, which takes account of the share of the world
economy of each country, its population and its ability to pay. The scale of
assessments is reviewed every three years on the basis of national income
statistics. As with individual taxation, the scale is progressive with richer
countries paying more than poorer countries.
2.59 There is a cap or maximum amount (22 per cent) that any country can be
charged. This was 25 per cent until 23 December 2000. The United States,
previously assessed at 25 per cent, has therefore had its payments reduced
to 22 per cent.16 Below is a sample only of the scale of assessments. Tables
in the rest of this chapter are based on contributions and arrears calculated
on the old scale of assessments. This information was supplied to the
committee during its visit to the UN in October 2000. While the new scale
of assessments has made some differences, particularly to the assessment
for the United States' assessment, the reduction or increase for most states
is not very great.
Table 2.2 UN Scale of Assessments for the Regular Budget
16 The cap is of benefit to the United States only. Without the cap, the United States would be
assessed at 29 per cent, which is the US share of the world economy. The reduction in the cap
was insisted upon by the US Congress as a condition of their paying, over a three-year period,
$926 million in arrears. If the individual countries of the European Union pooled their
assessments, they contribute 36 percent to the UN budget.
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2.60 In terms of the actual amounts of dollars paid to the UN, the top ten
contributors to the Regular Budget are as follows:
Table 2.3 Top 10 Member States in Assessment for the Regular Budget, August 2000
Source Exhibit No 44, Status of Contributions to the Regular Budget, International Tribunals and Peacekeeping
Operations.
2.61 However, expressed as a per capita contribution the top ten contributors
to the regular budget of the UN would be:
Table 2.4 Top 10 per capita Contributers to the UN Regular Budget 1998
2.62 Peacekeeping contributions are paid for on the basis of a slightly different
scale of assessments. They are not subject to the same penalties as are
applied under Article 19 to non payment to the regular budget. The
following are the highest contributor to the peacekeeping budget.
Table 2.5 Top 10 Member States in Assessment for the Peacekeeping Budget, August 2000
Member Amount
$US million
United States of America 615.9
Japan 403.3
Germany 193.8
France 156.0
Italy 106.9
United Kingdom 121.4
Canada 53.8
Spain 50.9
The Netherlands 32.1
Australia 29.2
Source Exhibit No 44, Status of Contributions to the Regular Budget, International Tribunals and Peacekeeping
Operations.
2.64 The arrears have occurred in all budget areas, the Regular Budget, the
Peacekeeping Budget and the budget for the international tribunals.
According to the UN, in September 2000, member states owed over $US3
billion to the organisation - $US2.5 billion for peacekeeping, $US533
million to the Regular Budget and $US54 million for the International
Tribunals. Payments to the Regular Budget appear to be more consistent
than to the Peacekeeping Budget, perhaps because of the threat of Article
19. Under Article 19 of the UN Charter, if at the beginning of the year, a
36
country owes the same as or more than its total gross assessments for the
previous two years, it automatically loses its right to vote in the General
Assembly.
2.65 Of the total amount owing, United States owes 81 per cent of all arrears to
the Regular Budget and 58 per cent of all arrears to the Peacekeeping
Budget. The US debt is $US1.9 billion - made up of $US430 million to the
Regular Budget and $US1.5 billion to peacekeeping and the international
tribunals.
2.66 Other countries that owe significant amounts to the Regular Budget are
Brazil which owes 8 percent or $US41 million and Argentina which owes
4 per cent or $US20 million. Of the other 175 contributors to the regular
budget, 53 owe another $US40 million.
2000 Percentage
United States 432,000,000 81
Brazil 41,000,000 8
Argentina 20,000,000 4
53 of 173 other Member States 40,000,000 7
TOTAL 533,000,000 100
Source Exhibit No 34, The Financial Situation of the United Nations, 30 September 2000.
Source Exhibit No 34, The Financial Situation of the United Nations, 30 September 2000.
THE STRUCTURE OF THE UNITED NATIONS - FACTS AND FIGURES 37
Table 2.8 Table of Arrears in the Budget for International Tribunals, 2000 ($US)
2000 Percentage
United States 12,022,205 21.9
Japan 16,614,122 30.3
France 11,687,914 21.3
Brazil 1,425,520 2.6
Italy 4,630,256 8.4
Argentina 1,068,858 1.9
116 others Member States 5,524,122 10.1
TOTAL 54,896,279 100.0
Source Exhibit No 34, The Financial Situation of the United Nations, 30 September 2000.
2.68 The failure of the United States to pay its dues or to pay in full, either to
the Regular Budget or to the Peacekeeping Budget, has had a crippling
effect on the UN budget. The implications of the financial crisis for the
operations of the UN will be considered in the following chapters - 3, 4, 5,
6 and 7. The work that is being done to reform the system is considered at
chapters 9 and 10.
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