Preventive Action for Refugee Producing Situations

150 Chapter 4
From the point of view of declaratory prevention value, Security
Council resolutions 687 and 688 (Omnibus resolutions) have been the most
important for many years as they embrace the various aspects of the conflict.
Therefore they may be considered legal precedents as they represent first
steps of the Security Council to formulate a position concerning an internal
situation in a condition of non-war.
Furthermore, in the Report of the Special Committee on the Charter of
the United Nations and on the Strengthening of the Role of the United
Nations (46/58) of 1991, the General Assembly expresses its appreciation to
the Secretary-General for the completion of the Handbook on the Peaceful
Settlement of Disputes between States. He is requested to publish and
disseminate widely the Handbook in all the official languages of the United
Nations.
The Declaration on Fact-finding by the United Nations in the field of
the Maintenance of International Peace and Security (46/59) of 1991 gives
the UN Organs an important new basis for preventive work. After recalling
previous relevant documents 349 , it outlines in detail the purpose, criteria,
procedures and competencies related to UN Fact-finding activities. It is the
first instrument with such far reaching possibilities and is likely to play a
substantial role in conflict prevention efforts in the future.
The Cold War-period has impeded the Secretaries-General since the
1960s to be more forceful; its end might allow these declaratory prevention
principles to be invoked more effectively than before. Another element is
important to add here. The international human rights community,
disarmament agreements and regional conflict resolution work over the past
some 20 years do provide important additional terms of reference for the
UN's work in the area of conflict prevention. One thing seems to be clear,
that intentions to do something before the event is a more accepted concept
in the United Nations and its Member States now. Therefore, declaratory
prevention has perhaps not been as effective as would be desirable.
However, given the more favorable international
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on 31 January 1992. United Nations, New York, 1992.
349 Declaration on Principles of International Law concerning Friendly Relations
and Cooperation among States in accordance with the Charter of the UN,
(2625, XXV); the Manila Declaration on the Peaceful Settlement of
International Disputes (37/10); the Declaration on the Enhancement of the
Effectiveness of the Principle of Refraining from the Threat or Use of Force in
International Relations (42/22); the Declaration on the Prevention and
Removal of Disputes and Situations Which May Threaten International Peace
and Security and on the Role of the United Nations in this Field (43/51).
New Approaches and Policies 151
political environment today, it is likely to be an integral part in the future
UN work in attempting to prevent conflicts.
One should not forget here the declarations in the human rights field,
especially the Universal Declaration on Human Rights of 1948.
2. The Decision-making procedures of the UN for conflict prevention:
On the basis of the UN Charter Art. 34, the Security Council may
investigate any dispute.or any situation which might lead to international
friction or give rise to a dispute, in order to determine whether the
continuance of the dispute or situation is likely to endanger the
maintenance of international peace and security. The Security Council
may initiate an action itself or a Member may request action. In cases of
self-initiatation, various Members consult with each other to agree in prior
consultations as to whether or not a particular conflict is to be put on the
agenda. If one Member wishes to bring an item onto the agenda, it
addresses a communication to the President of the Security Council to call
for a meeting or, in urgent cases, to call for an immediate meeting for
considering the matter.
Once prior consultations on the conflict among the Members are
completed, and the action to be taken decided upon, a draft text of a
resolution, decision, or statement will be prepared and agreed before
distribution to the 15 Members in the six official UN working languages
for review prior to the formal Security Council meeting. There the text is
officially agreed upon (it becomes a child of 15 parents representing a
consensus of all 15 Members unless there is dissent or a veto, especially
from a permanent Member).
On the basis of Article 35 of the UN Charter, any Member or non-
Member of the United Nations may bring any dispute, or any situation
which might lead to international friction or give rise to a dispute, to the
attention of the Security Council or the General Assembly. In addition,
any Member of the General Assembly may bring an item onto the agenda.
The proposal is first addressed to the General Assembly Committee
composed of the 23 Vice-presidents of the General Assembly and chaired
by the President of the General Assembly, which decides to include the
item in the preliminary agenda of the General Assembly. This in turn
approves the agenda at its first meeting of the session. One of the few
situations in which the General Assembly Committee of the General
Assembly did not approve an item being put on the agenda included a