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Statement by Ambassador Rodrigo Malmierca Díaz, Permanent Representative of Cuba , at the joint debate of the General Assembly on items  9 "Report of the Security Council" and 122 "Question of equitable representation on and increase in the membership of the security council and related matters". New York , Monday 12 November, 2007

Mr. President:

We thank His Excellency Ambassador Dr. R.M. Marty M. Natalegawa, Permanent Representative of Indonesia for the presentation of the Report of the Security Council to the General Assembly covering the period from 16 August 2006 to 31 July 2007. I avail myself of this opportunity to appreciate the excellent job that Indonesia , is doing as a member of the Council.

The Report of the Security Council was published as an official document just a few days ago. This very late presentation of the Report does not contribute to its comprehensive consideration by the General Assembly. We sincerely hope that this situation will not happen again in the future. This is a very important item in our agenda and all Member States need a reasonable period of time to prepare for this debate.

This year the Report has a format and approach very similar to previous year. Clearly, much more should be done regarding the contents of the Report.

in carrying out its duties the Council acts on behalf of all UN Member States.  In this respect, Cuba further stresses the accountability of the Council to the General Assembly in a manner consistent with the Charter.

In this context, once again Cuba calls on the Security Council to submit a more comprehensive and analytical annual report to the General Assembly, assessing the work of the Council, including such cases in which the Council has failed to act, as well as the views expressed by its members during the consideration of the agenda items under its consideration.

We also reiterate our call on the Security Council, pursuant to Articles 15 (1) and 24 (3) of the UN Charter, to submit special reports for the consideration of the General Assembly.

The Presidents of the Security Council should also ensure that their monthly assessments are comprehensive and analytical, and issued in a timely fashion.

Mr. President:

Cuba opposes the tendency to equate reform of the UN with greater empowerment of the Security Council, mindful of the need to keep the balance among the functions and powers of the principal organs of the UN.

We underscore once again the need for full respect for the functions and powers of the principal organs, in particular the General Assembly, and to maintain the balance among them within their respective functions and powers in accordance with the Charter, as well as the need for the Member States of the Organisation, in respecting and upholding the Charter, to stop any attempt to shift issues under the agenda of the Assembly to the Security Council. 

The Council must fully observe all provisions of the Charter as well as all resolutions of the Assembly which clarify its relationship with the latter organ -as the chief deliberative, policy-making and representative organ of the United Nations- and other principal organs. 

We call the attention about the danger of encroachment by the Security Council on issues which clearly fall within the functions and powers of other principal organs of the UN and their subsidiary bodies. Close cooperation and coordination among all principal organs is highly indispensable in order to enable the UN to remain relevant and capable of meeting the existing, new and emerging threats and challenges.

Cuba remains particularly concerned over the exercise of norm-setting and establishing definitions by the Security Council in areas beyond its competencies.  We reiterate that, in accordance with Article 13 of the Charter, the General Assembly is primarily tasked with the progressive development of international law and its codification. 

We also stress that the decision by the Security Council to initiate formal or informal discussions on the situation in any Member State or any issue that does not constitute a threat to international peace and security is contrary to Article 24 of the Charter.

In this context Cuba :

- Calls on the Presidents of the General Assembly, the ECOSOC and the Security Council to conduct regular discussions and coordination among themselves regarding the agenda and programme of work of the respective principal organs that they represent, in order to establish increased coherence and complementarity among these organs in a mutually reinforcing manner, respectful of each others' mandates

- Calls on the Security Council to fully take into account the recommendations of the General Assembly on matters relating to international peace and security, consistent with Article 11 (2) of the Charter; and

- Opposes and stop attempts to shift issues under the agenda of the General Assembly or the ECOSOC to the Security Council, and the encroachment by the latter on the functions and powers of the Assembly.

Mr. President,

There is a need to achieve progress on Security Council reform as an integral part of the ongoing United Nations reform process. Maintaining the status quo is not acceptable.

Cuba supports the decision taken by the General Assembly to continue the consideration of the question of the reform of the Security Council during the sixty-second session of the General Assembly so that further concrete results may be achieved, including through intergovernmental negotiations.

Enlargement of the Security Council should address the under-representation of developing countries. At the same time, reform of the Security Council should not be confined only to the question of membership and it should address substantive issues relating to the Council's agenda, working methods and decision-making process.

Transparency, openness and consistency are key elements that the Security Council should observe in all its activities, approaches and procedures.

Regrettably, the Council has neglected these important factors on numerous occasions. Such instances include reluctance in convening open debates on some issues of high significance, restricting participation in some of the open debates, among others.

The Council must comply with the provisions of Article 31 of the Charter, which allow any non-Council member to participate in discussions on matters affecting it. Closed meetings and informal consultations should be kept to a minimum and as the exception they were meant to be.

It is the position of Cuba that among the objectives of reform of the Security Council, which should be addressed in a comprehensive, transparent and balanced manner, are as follows:

.to ensure that the agenda of the Council reflects the needs and interests of both developing and developed countries, in an objective, rational, non-selective and non-arbitrary manner;

.to ensure that the enlargement of the Council would lead to a more democratic, more representative, more accountable and more effective Council;

.to ensure that the Rules of Procedure of the Council, which have remained provisional for more than 50 years, are formalised in order to improve its transparency and accountability;

.to democratise the decision-making process of the Council, including by limiting and curtailing the use of the veto with a view to its eventual elimination. In this context, the concept of voluntary "self-restraint" is insufficient and cannot be considered as an option.

Cuba emphasises the need to take the following measures:

.Increase the number of public meetings, and that these meetings should provide real opportunities to take into account the views and contributions of the wider membership of the UN, particularly non-Council members whose affairs are under the discussion of the Council;

.Allow briefings by the Special Envoys or Representatives of the Secretary-General and the UN Secretariat to take place in public meetings, unless in exceptional circumstances;

.Further enhance its relationship with the UN Secretariat and troop contributing countries (TCC), including through a sustained, regular and timely interaction.

.Ensure that its subsidiary organs function in a manner that would provide adequate and timely information on their activities to the general UN membership.

I would like to conclude, Mr. President, extending our best wishes of success to the incoming new members of the Security Council: Costa Rica , Croatia , Burkina Faso , Libyan Arab Jamahiriya and Vietnam .

You can always count on the Cuba´s willingness to engage constructively in consultations and negotiations towards reforming the Security Council as an effective forum in the maintenance of international peace and security. Thank you very much

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