The United Nations Reform in Post-Cold War

The United Nations Reforms in Post-Cold War

Introduction:

    Since the late 1990s there have been many calls for reforms in the United Nations (UN). However, there is little clarity or consensus about what reform might mean in practice. Both those who want the UN to play a greater role in world affair and those who want its role confined to humanitarian work or otherwise reduced. The United Nations has undergone phases of reform since its foundation in 1945. During the first years, the first decisive change was the developments of peacekeeping measures to oversee the implementation of cease fire agreements in 1949 in the Middle East and one year later in the Kashmir conflict between India and Pakistan (Edward, 2008: 8).

Reform initiatives launched by the Soviet Union during the East-West antagonism in the 1950s to curtail the independence of the secretariat. With states from Africa and Asia joining the United Nations, development issues became increasingly important, resulting in the expansion of the United Nations in the development area, including the establishment of the United Nations Development Programme (UNDP) in 1965 and negotiations on an International Economic Order (NIEO) as part of the North-South conflict in the 1970s. the 1980s were characterised by financial crisis and the retreat of the United States, which triggered a reform of the budgetary process and the downsizing of the Organization (Evelyn, 2005:6). With the end of the Cold War the rediscovery of the renaissance of the United Nations were hailed, the first half of the 1990s saw a major expansion of the Organization and the reform associated with the Agenda for Peace launched by Secretary-General Boutros Boutros Ghali (Edward, 2008:8).

A string of new peacekeeping missions were launched in Namibia, Yugoslavia, Somalia and Angola by the Security Council which also triggered interest I the reform of 15 member body. Germany and Japan in particular, as well as India and Brazil, launched efforts to gain permanent seats and veto rights at the council. In the late 1990s, Secretary-General Kofin Annan improved the coherence of the United Nations, with a better co-ordinated development system and more effective humanitarian structures. The fight against the HIV/AIDS pandemic was energized, and a new concept of partnership between the United Nations and International business developed under the Global Compact. Other reforms include revamping of peacekeeping operations following the Brahimi Report. The World Summit in 2005 recognized, albeit mainly symbolically, an international responsibility to protect populations from genocide and the Human Rights Council replaced the discredited Commission on Human Rights (Muravchik, 2005: 10).

According to Edward (2008:12) as of 2007, Secretary-General Ban Kimoon continued the reform agenda covering oversight, integrity and ethics which had previously been launched in response to investigation of the UN Oil for Food Programme. The programme responded to the humanitarian needs of Iraqi civilians and was the largest, most complex and most ambitious relief effort in the history of the United Nations. With reference to the 2005 World Summit, the General Assembly approved in April 2007 a number of loosely related reform initiatives, covering international environmental governance, a unified gender organization, and delivering as one at the country level to enhance the consolidation of UN programmes.

United Nations Reforms

Security Council Reform

A very frequently discussed change to the UN structure is to change the permanent membership of UN Security Council, which reflects the power structure of the world as it was in 1945. There are several proposed plans, notably by the G4 nations, by the Uniting for Consensus group and former UN Secretary-General Kofi Annan (Evelyn, 2005: 12).

 

UN Secretariat Transparency Reform

At another level, calls for reforming the UN demand to make the UN administration (usually called the UN Secretariat or 'the bureaucracy') more transparent, more accountable, and more efficient, including direct election of Secretary- General by the people. UN Secretariat/administration reforms seldom get much attention in the media, though within the Organization they are seen as widely contentious issues. They run the bureaucracy of the UN, responding to the decisions by the Member States in the Security Council and the General Assembly (Evelyn, 2005: 12).

Mark Malloh Brown, the former Secretary-General of the United Nations Development Programme attributes the inefficiency of the UN administration to the disconnect between the merit and reward and further advocates reconnecting merit to make the UN again an international meritocracy to overcome the problem. He believes that the UN must stop promoting on the basis of political correctness that encourages promoting of staffs proportionately from certain regions of the world, but instead make more use of Asia, Africa and other so-called less developed regions that now offer a large pool of talented, skilled, and highly qualified will readily move up through the UN system without need of the cultural relativism which is used to promote incompetents. A somewhat related point is often made by UN member states from the developing worlds, who complain that some of the most desirable senior posts within the Secretariat are filled under tradition of regional representation that favours the United States and other affluent nations (Fasolu, 2008: 166).

Among the notable efforts of Secretariat reform since 2005 is the Secretary-General's report investing in the United Nations from March 2006 and the Comprehensive review of governance and oversight within the UN, June the same year. From the Member States side there is the Four Nations Initiative, a cooperation projected by Chile, South Africa, Sweden and Thailand to promote governance and management reforms, aiming at increased accountability and transparency (Edward, 2008:15).

Democracy Reform

Another frequent demand is that the UN become more democratic and a key institution of a world democracy. This raises fundamental questions about the nature and role of the UN. The UN is not a world government, rather a forum for the world's sovereign states to debate issues and determine collective course of action. A direct democracy would request the presidential election of the UN Secretary-General by direct vote of the citizens of the democratic countries as well as the General Assembly (just as cities, states and nations have their own representatives in many systems, who attend specifically to issues relevant to the given level of authority) and the International Court of Justice. Others have proposed a combination of direct and indirect democracy, whereby national governments might ratify the expressed will of the people for such important post as an empowered World Court (Evelyn, 2005: 12).

Financing Reforms

On the subject of financing, Paul Hawken made the following proposal in his book 'The Ecology of Commerce': " A tax on missiles, planes, tanks and guns would provide the UN with its entire budget, as well as pay for all peacekeeping efforts around the world, including the resettlement of refugees and reparations to the victims of war." The main problem with implementing such a radical tax would be finding acceptance. Although such a system might find acceptance within some nations, particularly those with a history of neutrality without an active military such as Costa Rica or with other levels of military spending such as Japan, which currently spends 1% of its GDP on defence, it would be very unpopular among many consumers of arms. Nations in this latter category range from the United States, which spends 4% of its GDP on defence, to dictatorship that depends on arms to keep them in power. Other likely opponents would be nations engaged in on-going military conflict, or others in a state of heightened military alert such as Israel. Arms producers would also oppose it, because it would increase their costs and possibly reduce their consumers (Evelyn, 2005: 12).

Another tax that the UN might promote would be some sort of Global resource Dividend.

Human Right Reforms

The United Nations Commission on Human Right came under fire during its existence for the high profile positions it gave to member states that did not guarantee the human rights of their own citizens. Several nations known to have been guilty of gross violations of human rights became members of the organizations of human rights became members of the organization such as Libya, Cuba, Sudan, Algeria, China, Azerbaijan and Vietnam. Meanwhile, the United States was also angry when it was ejected from the commission in 2002. While it was re-elected, the election of human rights abusing nations also caused frictions. It was partly because of these problems that Kofi Annan in the Larger Freedom report suggested setting up a new Human Rights Council as a subsidiary UN body (Evelyn, 2005: 12).

On Wednesday, 15 March 2006, the United Nations General Assembly voted overwhelmingly in favour of establishing a new United Nations Human Rights Council, the successor to the United Nations Commission on Human Rights, with the resolution receiving approval from 170 members of the 191 nations assembly. Only the United States, the Marshall Islands, Palau and Israel voted against the council's creation, claiming that it would have too little power and that there were insufficient safeguards to prevent human rights-abusing nations from taking control (Evelyn, 2005: 12).

Creation, Removal and Addictions for proposed UN Reform

Creation of United Nations Parliamentary Assembly

A United Nations Parliamentary Assembly, or United Nations People's Assembly (UNPA), is a proposed addition to the United Nations System that eventually would allow for direct election of UN Parliament members by citizens of all over the world. Proposal for a UNPA date back to the UN's formation in 1945, but largely stagnated until the 1990s. they have recently gained traction amidst increasing globalization, as national parliamentarians and citizens groups seek to counter the growing influence of unelected international bureaucracies (Evelyn, 2005: 16).

Creation of United Nations Environmental Organization

    Following the publication of Fourth Assessment Report of the IPCC in February 2007, a "Paris Call for Action" read out by French President Chirac and supported by 46 countries, called for the United Nations Environment Programme to be replaced by a new and more powerful United Nations Environment Organization (UNEO) to be modelled on the World Health Organization. The 46 countries include the European Union nations, but notably did not include the United States, China, Russia, and India, the top four emitters of greenhouse gases (Doyle, 2007: 8).

Placing all UN Development Agencies and Specialised Programme under a UNDG

    The then Secretary-General Kofi Annan streamlined all UN Agencies working on International Development Issues under a new United Nations Development Group, chaired by the Administrator of the UNDP. The delivering as one concept was also introduced (Fasolu, 2008:7).

Removal of spent provisions in UN Charter

    According to Edward (2008:15), several provisions of the United Nations charter are no longer relevant. In Larger Freedom proposed the removal of these provisions:

1. Since there are no longer any trust territories, the Trusteeship Council no longer serves any purpose, and has not met since 1994. Thus, chapter XIII of the Charter is no longer relevant, and can be deleted.
   
2. Due to Cold War disagreements, the Military Staff Committee never succeeded in its intended purpose. Although it formally still meets every two weeks, it has been effectively inactive since 1948. Thus, article 47, and the references to it in article 26, 45 and 46 can be deleted.
   
3. The "enemy clauses" in article 53 and 107 contain special provisions relating to the members of the Axis in World War II (Germany, Japan, etc) these are no longer relevant; Japan in particular would like to see them removed.
   

There are also other provisions of the UN Charter that deals with transitional arrangements, and thus are now spent. For example, article 61(3) and article 109(3). However, in Larger Freedom does not contain any proposals with respect to these provisions. Due to the difficulty in amending the Charter, it is likely that any of these spent provisions will be amended except as part of a package making substantive amendments, such as Security Council reform. Further, while in Larger Freedom proposes that certain provisions be removed there is no universal agreement. One school of thought in particular suggests that the Military Staff Committee could be revitalized by member states finally meeting their article commitments to provide a force able to perform peace-making and peace enforcement under the legitimacy of the United Nations flag (Evelyn, 2005: 12).

Conclusively, United Nations Reforms has gone a long way in restoring peace and discouraging coerce in society. That is why it has undergone phases of reform since its foundation in 1945, therefore introducing reform initiatives that have tendered to develop peacekeeping measures of cease fire, discouraging Human Rights Abuse by nations, and initiatives covering international environmental governance. Such reforms include security reforms, UN secretariat transparency reform, democracy reforms, financing reform and human right reforms.

 

References

Doyle, A.    (2007) "46 nations call for long tougher UN environment.

role". Reuter

Edward, H.    (2008) The United Nations beyond reforms?: The

collective in security of the international system and the

prospects for sustainable global peace and justice. University

of Limerick.

Fasolu (2008)    Reconnecting merit to make the UN again an

International meritocracy. Reuters.

Evelyn, L. (2005)         Annan wants swift decision on UN council

reforms. Reuters

Muravchik, J. (2005)    The future of the United Nations:

Understanding the past to Chart a way forward. AEI Press.

The Formation The United Nations Organization

The United Nations Organization

In the earliest times, wars existed between nations creating unfavourable human relations between nations, therefore, affecting social and economic relations. The League of Nations who were directly or indirectly affected by the wars in the likes of World War I &II respectively gave impetus for the need in drafting a charter for the institutionalization of what is today known to be the United Nations. The charter maintains that:

"We the peoples of the United Nations determined to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom, and for these ends to practice tolerance and live together in peace with one another as good neighbours, and to unite our strength to maintain international peace and security, and to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and to employ international machinery for the promotion of the economic and social advancement of all peoples, have resolved to combine our efforts to accomplish these aims. Accordingly, our respective Governments … have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations"(asdf, 2008).

The unification of these nations was to establish an organization that would oversee the activities of nations and to save the world from feature wars, reaffirm human right and the establishment of equal rights for all persons.

This paper seeks to examine the rationale behind the creation of the United Nations, its aims and objectives, the role it as played overtimes since its inception as a body charged with the responsibility of ensuring peace and co-operation between nations, to promote international co-operation and to achieve peace and security.

The name "United Nations", coined by United States President Franklin D. Roosevelt, was first used in the "Declaration by United Nations" of 1 January 1942, during the Second World War, when representatives of 26 nations pledged their governments to continue fighting together against the Axis powers. States first established international organizations to cooperate on specific matters. The International Telecommunication Union was founded in 1865 as the International Telegraph Union, and the Universal Postal Union was established in 1874. Both are now United Nations specialized agencies. In 1899, the first International Peace Conference was held in The Hague to elaborate instruments for settling crises peacefully, preventing wars and codifying rules of warfare (asdf, 2008).

It adopted the Convention for the Pacific Settlement of International Disputes and established the Permanent Court of Arbitration, which began work in 1902. The forerunner of the United Nations was the League of Nations, an organization conceived in similar circumstances during the First World War, and established in 1919 under the Treaty of Versailles "to promote international cooperation and to achieve peace and security." The International Labour Organization was also created under the Treaty of Versailles as an affiliated agency of the League. The League of Nations ceased its activities after failing to prevent the Second World War (asdf, 2008).

In 1945, representatives of 50 countries met in San Francisco at the United Nations Conference on International Organization to draw up the United Nations Charter. Those delegates deliberated on the basis of proposals worked out by the representatives of China, the Soviet Union, the United Kingdom and the United States at Dumbarton Oaks, United States, from August to October 1944. The Charter was signed on 26 June 1945 by the representatives of the 50 countries. Poland, which was not represented at the Conference, signed it later and became one of the original 51 member states (asdf, 2008).

The United Nations officially came into existence on 24 October 1945, when the Charter had been ratified by China, France, the Soviet Union, the United Kingdom, the United States and a majority of other signatories. United Nations Day
is celebrated on 24 October each year.

Purposes and principles

Asdf (2008) maintains that, the purposes
of the United Nations, as set forth in the Charter, are:

• To maintain international peace and security;

• To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples;

• To cooperate in solving international economic, social, cultural and humanitarian problems and in promoting respect for human rights and fundamental freedoms;

• To be a centre for harmonizing the actions of nations in attaining these common

ends.

The United Nations acts in accordance with the following principles:

• It is based on the sovereign equality of all its members;

• All members are to fulfill in good faith their Charter obligations;

• They are to settle their international disputes by peaceful means and without endangering international peace and security and justice;

• They are to refrain from the threat or use of force against any other state;

• They are to give the United Nations every assistance in any action it takes in accordance with the Charter;

• Nothing in the Charter is to authorize the United Nations to intervene in matters

which are essentially within the domestic jurisdiction of any state.

Membership    

Membership of the United Nations is open to all peace-loving nations which accept the obligations of the Charter and are willing and able to carry out these obligations. The General Assembly admits new member states on the recommendation of the Security Council. The Charter provides for the suspension or expulsion of a member for violation of the principles of the Charter, but no such action has ever been taken (asdf, 2008).

Official languages

Under the Charter, the official languages of the United Nations are Chinese, English, French, Russian and Spanish. Arabic was later added as an official language of the General Assembly, the Security Council and the Economic and Social Council (asdf, 2008).

Structure of the Organization

The Charter established six principal organs of the United Nations: the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice, and the Secretariat. The United Nations family, however, is much larger, encompassing 15 agencies and several programmes and bodies (asdf, 2008).

General Assembly

The General Assembly is the main deliberative organ. It is composed of representatives of all member states, each of which has one vote. Decisions on important questions, such as those on peace and security, admission of new members and budgetary matters, require a two-thirds majority. Decisions on other questions are by simple majority (asdf, 2008).

Functions and powers

According to Asdf (2008), under the Charter, the functions and powers of the General Assembly include:

• To consider and make recommendations on the principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and arms regulation;

• To discuss any question relating to international peace and security and, except where a dispute or situation is being discussed by the Security Council, to make recommendations on it;

• To discuss and, with the same exception, make recommendations on any question within the scope of the Charter or affecting the powers and functions of any organ of the United Nations;

• To initiate studies and make recommendations to promote international political cooperation, the development and codification of international law, the realization of human rights and fundamental freedoms for all, and international collaboration in the economic, social, cultural, educational and health fields;

• To make recommendations for the peaceful settlement of any situation, regardless of origin, which might impair friendly relations among nations;

• To receive and consider reports from the Security Council and other United Nations organs;

• To consider and approve the United Nations budget and to apportion the contributions among members;

• To elect the non-permanent members of the Security Council, the members of the Economic and Social Council and additional members of the Trusteeship Council (when necessary); to elect jointly with the Security Council the Judges of the International Court of Justice; and, on the recommendation of the Security Council, to appoint the Secretary-General.

Sessions

According to asdf (2008), The General Assembly's regular session begins each year on Tuesday in the third week of September, counting from the first week that contains at least one working day. The election of the President of the Assembly, as well as its 21 Vice-Presidents and the Chairpersons of its six main committees, takes place at least three months before the start of the regular session. To ensure equitable geographical representation, the presidency of the Assembly rotates each year among five groups of states: African, Asian, Eastern European, Latin American and the Caribbean, and Western European and other states.

In addition, the Assembly may meet in special sessions at the request of the Security Council, of a majority of member states, or of one member if the majority of members concur. Emergency special sessions may be called within 24 hours of a request by the Security Council on the vote of any nine Council members, or by a majority of the United Nations members, or by one member if the majority of members concur.

At the beginning of each regular session, the Assembly holds a general debate, often addressed by heads of state and government, in which member states express their views on the most pressing international issues. Most questions are then discussed in its six Main Committees:

• First Committee (Disarmament and International Security);

• Second Committee (Economic and Financial);

• Third Committee (Social, Humanitarian and Cultural);

• Fourth Committee (Special Political and Decolonization);

• Fifth Committee (Administrative and Budgetary);

• Sixth Committee (Legal).

Some issues are considered directly in plenary meetings while others are allocated to one of the six Main Committees. Resolutions and decisions, including those recommended by the committees, are adopted in plenary meetings — usually before the recess of the regular session in December. They may be adopted with or without a vote.

The Assembly generally adopts its resolutions and decisions by a majority of members present and voting. Important questions, including recommendations on international peace and security, the election of members to some principal organs and budgetary matters, are decided by a two-thirds majority. Voting may be conducted as a recorded vote, a show of hands or a roll-call vote. While the decisions of the Assembly have no legally binding force for governments, they carry the weight of world opinion, as well as the moral authority of the world community (asdf, 2008).

The work of the United Nations year-round derives largely from the mandates given by the General Assembly — that is to say, the will of the majority of the members as expressed in resolutions and decisions adopted by the Assembly. That work is carried out: by committees and other bodies established by the Assembly to study and report on specific issues, such as disarmament, peacekeeping, development and human rights; In international conferences called for by the Assembly; and By the Secretariat of the United Nations — the Secretary-General and his staff of international civil servants.

Security Council

The Security Council has primary responsibility, under the Charter, for the maintenance of international peace and security. The Council has 15 members: five permanent — China, France, and the Russian Federation, the United Kingdom and the United States— and 10 members elected by the General Assembly for two-year terms. Each member has one vote. Decisions on procedural matters are made by an affirmative vote of at least 9 of the 15 members. Decisions on substantive matters require nine votes and the absence of a negative vote by any of the five permanent members (asdf, 2008).

All five permanent members have exercised the right of veto at one time or another. If a permanent member does not fully agree with a proposed resolution but does not wish to cast its veto, it may choose to abstain — thus allowing the resolution to be adopted if it obtains the required number of nine votes in favour. Under Article 25 of the Charter, all members of the United Nations agree to accept and carry out the decisions of the Security Council. While other organs of the United Nations make recommendations to member states, the Council alone has the power to take decisions which member states are obligated under the Charter to implement (asdf, 2008).

Functions and powers

Asdf (2003) asserts that under the Charter, the functions and powers of the Security Council include the following:

• To maintain international peace and security in accordance with the principles and purposes of the United Nations;

• To formulate plans for establishing a system to regulate armaments;

• To call upon the parties to a dispute to settle it by peaceful means;

• To investigate any dispute or situation which might lead to international friction, and to recommend methods of adjusting such disputes or the terms of settlement;

• To determine the existence of a threat to the peace or act of aggression and to

recommend what action should be taken;

• To call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable to prevent an aggravation of the situation;

• To call on members of the United Nations to take measures not involving the use of armed force — such as sanctions — to give effect to the Council's decisions;

• To resort to or authorize the use of force to maintain or restore international peace and security;

• To encourage the peaceful settlement of local disputes through regional arrangements and to use such regional arrangements for enforcement action under its authority;

• To recommend to the General Assembly the appointment of the Secretary General and, together with the Assembly, to elect the Judges of the International Court of Justice;

• To request the International Court of Justice to give an advisory opinion on any legal question;

• To recommend to the General Assembly the admission of new members to the United Nations. The Security Council is so organized as to be able to function continuously, and a representative of each of its members must be present at all times at United Nations Headquarters.

When a complaint concerning a threat to peace is brought before it, the Council's first action is usually to recommend that the parties try to reach agreement by peaceful means. The Council may set forth principles for a peaceful settlement. In some cases, the Council itself undertakes investigation and mediation. It may dispatch a mission, appoint special envoys or request the Secretary-General to use his good offices. When a dispute leads to hostilities, the Council's first concern is to bring them to an end as soon as possible. The Council may issue ceasefire directives that can be instrumental in preventing an escalation of the conflict.

The Council may also dispatch military observers or a peacekeeping force to help reduce tensions, keep opposing forces apart, and create conditions of calm in which peaceful settlements may be sought. Under Chapter VII of the Charter, the Council may decide on enforcement measures, including economic sanctions, arms embargoes, financial sanctions, travel bans or collective military action.

The sanctions instrument is an important tool available to the Security Council in seeking to promote international peace and security. Each of the sanctions regimes currently in existence features "smart" or targeted sanctions — arms embargoes, financial sanctions and travel bans — designed to eliminate or minimize unintended effects by focusing on those responsible for the policies condemned by the international community, while leaving other parts of the population and international trade relations unaffected (asdf, 2008).

The Council has established two international criminal tribunals to prosecute crimes against humanity in the former Yugoslavia and in Rwanda. The tribunals are subsidiary organs of the Council. Following the terrorist attacks on the United States on 11 September 2001, the Council established its Counter-Terrorism Committee, also a subsidiary organ. Since 1994, a working group of the General Assembly has been considering Security Council reform, including the issue of equitable representation and expansion of membership (asdf, 2008).

Economic and Social Council

The Charter established the Economic and Social Council as the principal organ to coordinate the economic, social and related work of the United Nations and the specialized agencies and institutions — known as the United Nations family of organizations. The Council has 54 members, who serve for three-year terms. Voting in the Council is by simple majority; each member has one vote (asdf, 2008).

 

Functions and powers

The functions and powers of the Economic and Social Council according to asdf (2008) are:

• To serve as the central forum for discussing international economic and social issues, and for formulating policy recommendations addressed to member states and the United Nations system;

• To make or initiate studies and reports and make recommendations on international economic, social, cultural, educational, health and related matters;

• To promote respect for, and observance of, human rights and fundamental freedoms;

• To assist in preparing and organizing major international conferences in the economic, social and related fields and promote a coordinated follow-up to these conferences;

• To coordinate the activities of the specialized agencies, through consultations with and recommendations to them, and through recommendations to the General Assembly.

Through its discussion of international economic and social issues and its policy recommendations, ECOSOC plays a key role in fostering international cooperation for development and in setting the priorities for action.

Sessions

The Council generally holds several short sessions and many preparatory meetings, roundtables and panel discussions with the members of civil society throughout the year, to deal with the organization of its work. It also holds a four-week substantive session in July, alternating between New York and Geneva. That session includes a high-level segment, attended by Ministers and other high officials, to discuss major economic, social and humanitarian issues. The year-round work of the Council is carried out in its subsidiary and related bodies.

Subsidiary and related bodies

The Council's subsidiary machinery includes:

• Eight functional commissions, which are deliberative bodies whose role is to consider and make recommendations on issues in their areas of responsibility and expertise: Statistical Commission, Commission on Population and Development, Commission for Social Development, Commission on the Status of Women, Commission on Narcotic Drugs, Commission on Crime Prevention and Criminal Justice, Commission on Science and Technology for Development, Commission on Sustainable Development;

• Five Regional Commissions: Economic Commission for Africa (Addis Ababa, Ethiopia), Economic and Social Commission for Asia and the Pacific (Bangkok, Thailand), Economic Commission for Europe (Geneva, Switzerland), Economic Commission for Latin America and the Caribbean (Santiago, Chile), and Economic and Social Commission for Western Asia (Beirut, Lebanon);

• Three standing committees: Committee for Programme and Coordination, Committee on Non-Governmental Organizations, Committee on Negotiations with Intergovernmental Agencies;

• A number of expert bodies on subjects such as development policy; public administration; international cooperation in tax matters; economic, social and cultural rights; energy and sustainable development;

• Other bodies, including the Permanent Forum on Indigenous Issues and the United Nations Forum on Forests.

The Council also cooperates with and to a certain extent coordinates the work of United Nations programmes (such as UNDP, UNEP, UNFPA, UN-HABITAT, and UNICEF) and the specialized agencies (such as FAO, ILO, UNESCO and WHO), all of which report to the Council and make recommendations for its substantive sessions.

Relations with non-governmental organizations

Under the Charter, the Economic and Social Council consults with non-governmental organizations (NGOs) concerned with matters within its competence. Over 2,870 NGOs have consultative status with the Council. The Council recognizes that these organizations should have the opportunity to express their views, and that they possess special experience or technical knowledge of value to its work (asdf, 2008).

The Council classifies NGOs into three categories: category I organizations are those concerned with most of the Council's activities; category II organizations have special competence in specific areas; and organizations that can occasionally contribute to the Council are placed on a roster for ad hoc consultations. NGOs with consultative status may send observers to meetings of the Council and its subsidiary bodies and may submit written statements relevant to its work. They may also consult with the United Nations Secretariat on matters of mutual concern. Over the years, the relationship between the United Nations and affiliated NGOs has developed significantly. Increasingly, NGOs are seen as partners who are consulted on policy and programme matters and as valuable links to civil society.

NGOs around the world, in increasing numbers, are working daily with the United Nations community to help achieve the objectives of the Charter (asdf, 2008).

Trusteeship Council

The Trusteeship Council was established by the Charter in 1945 to provide international supervision for 11 Trust Territories placed under the administration of 7 member states, and ensure that adequate steps were taken to prepare the Territories for self-government or independence. The Charter authorized the Trusteeship Council to examine and discuss reports from the Administering Authority on the political, economic, social and educational advancement of the peoples of Trust Territories; to examine petitions from the Territories; and to undertake special missions to the Territories (asdf, 2008).

By 1994, all Trust Territories had attained self-government or independence, either as separate states or by joining neighbouring independent countries. The last to do so was the Trust Territory of the Pacific Islands (Palau), which became the 185th member state. Its work completed, the Trusteeship Council — its membership reduced now to the five permanent members of the Security Council (China, France, the Russian Federation, the United Kingdom and the United States) — has amended its rules of procedure to meet as and where occasion may require (asdf, 2008).

International Court of Justice

As asdf (2003) maintains that the International court is located at The Hague, in the Netherlands, the International Court of Justice is the principal judicial organ of the United Nations. It settles legal disputes between states and gives advisory opinions to the United Nations and its specialized agencies. Its Statute is an integral part of the United Nations Charter.

The Court is open to all states that are parties to its Statute, which include all members of the United Nations. Only states may be parties in contentious cases before the Court and submit disputes to it. The Court is not open to private persons and entities or international organizations.

The General Assembly and the Security Council can ask the Court for an advisory opinion on any legal question. Other organs of the United Nations and the specialized agencies, when authorized by the Assembly, can ask for advisory opinions on legal questions within the scope of their activities.

Jurisdiction

The Court's jurisdiction covers all questions that states refer to it, and all matters provided for in the United Nations Charter, or in international treaties and conventions. States may bind themselves in advance to accept the jurisdiction of the Court, either by signing a treaty or convention that provides for referral to the Court or by making a declaration to that effect. Such declarations accepting compulsory jurisdiction often contain reservations excluding certain classes of disputes (asdf, 2008).

In accordance with its Statute, the Court decides disputes by applying:

• International conventions establishing rules expressly recognized by the contesting states;

• International custom as evidence of a general practice accepted as law;

• The general principles of law recognized by nations; and

• Judicial decisions and the teachings of the most qualified scholars of the various nations (asdf, 2008)

Membership

The Court is composed of 15 Judges elected by the General Assembly and the Security Council, voting independently. They are chosen on the basis of their qualifications, and care is taken to ensure that the principal legal systems of the world are represented in the Court. No two Judges may be from the same country. The Judges serve a nine-year term and may be re-elected. They cannot engage in any other occupation during their term of office (asdf, 2008).

The Court normally sits in plenary session, but may form smaller units called chambers if the parties so request. Judgments given by chambers are considered as rendered by the full Court. The Court also has a Chamber for Environmental Matters and forms annually a Chamber of Summary Procedure (asdf, 2008).

Peacekeeping

United Nations peacekeeping operations are a crucial instrument at the disposal of the international community to advance peace and security. The role of UN peacekeeping was recognized in 1988, when United Nations peacekeeping forces received the Nobel Peace Prize. While not specifically envisaged in the Charter, the UN pioneered peacekeeping in 1948 with the establishment of the United Nations Truce Supervision Organization in the Middle East. Since then, it has established a total of 63 — operations — 50 of these since 1988.1 On 1 October 2007, there were 17 active peacekeeping operations (asdf, 2008).

Peacekeeping operations are deployed with the authorization of the Security Council and the consent of the host government and/or the main parties to the conflict. Peacekeeping has traditionally involved a primarily military model of observing ceasefires and the separation of forces after inter-state wars. Today, it has evolved into a complex model of many elements — military, police and civilian — working together to help lay the foundations of a sustainable peace. In recent years, the Council has introduced the practice of invoking the enforcement

provisions in Chapter VII of the UN Charter when authorizing the deployment of certain UN peacekeeping operations, or mandating them to perform tasks which may require the use of force — such as the protection of civilians under imminent threat of physical violence. Traditionally, UN peacekeepers could only use their weapons in self-defence, but the more "robust" mandates under Chapter VII enable them to use force, for example, to protect civilians. The military personnel of peacekeeping operations are voluntarily provided by member states and are financed by the member states, who are assessed under the peacekeeping budget (asdf, 2008).

Troop-contributing states are compensated at a standard rate from that budget. Peacekeeping operations were expected to cost some $5.28 billion for the fiscal year beginning July 2006 — an historic high for UN peacekeeping, but still less than half of 1 per cent of world military spending. Operations are financed through the peacekeeping budget and include troops from many countries. This worldwide "burden-sharing" can offer extraordinary efficiency in human, financial and political terms (asdf, 2008).

On 1 November 2007, there were 82,237 military and police personnel from 119 countries serving in UN peacekeeping operations. Since 1948, 2,415 peacekeepers had lost their lives in the line of duty. Conflicts today are a complex mix. Their roots may be essentially internal, but they are complicated by cross-border involvement, either by states or by economic interests and other non-state actors. Recent conflicts in Africa have shown the deadly mix of civil strife and illegal export of natural resources — primarily diamonds — to fuel arms purchases. In addition, the consequences of conflicts can quickly become international because of illegal arms flows, terrorism, drug trafficking, refugee flows and environmental degradation (asdf, 2008).

United Nations peacekeeping operations between 1948-2007

• United Nations Truce Supervision Organization (UNTSO, established 1948), in the Middle East (strength: military 152; civilian 225)

• United Nations Military Observer Group in India and Pakistan (UNMOGIP, 1949) (military 44; civilian 73)

• United Nations Peacekeeping Force in Cyprus (UNFICYP, 1964) (military 872; civilian police 66; civilian 145)

• United Nations Disengagement Observer Force (UNDOF, 1974), in the Syrian Golan Heights (military 1,047; civilian 140)

 

• United Nations Interim Force in Lebanon (UNIFIL, 1978) (military 12,341; civilian 908)

• United Nations Mission for the Referendum in Western Sahara (MINURSO, 1991) (military 214; police 6; civilian 247; UN Volunteers 24)

• United Nations Observer Mission in Georgia (UNOMIG, 1993) (military 134; police 18; civilian 282; UN Volunteers 1)

• United Nations Interim Administration Mission in Kosovo (UNMIK, 1999) (military 40; police 1,953; civilian 2,412; UN Volunteers 132)

• United Nations Observer Mission in the Democratic Republic of the Congo (MONUC, 1999) (military 17,359; police 1.049; civilian 3,021; UN Volunteers 571)

• United Nations Mission in Ethiopia and Eritrea (UNMEE, 2000) (military 503; civilian 343; UN Volunteers 63)

• United Nations Mission in Liberia (UNMIL, 2003) (military 12,438; police 1,148; civilian 1,453; UN Volunteers 238)

• United Nations Operation in Côte d'Ivoire (UNOCI, 2004) (military 8,034; police 1,182; civilians 989; UN Volunteers 284)

• United Nations Stabilization Mission in Haiti (MINUSTAH, 2004) (military 7,064; civilian police 1,923; civilian 1,663; UN Volunteers 199)

• United Nations Mission in the Sudan (UNMIS, 2005) (military 9,288; police 664; civilian 3,196; UN Volunteers 250)

• United Nations Integrated Mission in Timor-Leste (UNMIT, 2006) (military 33; civilian police 1,546; civilian 1,134; UN Volunteers 124)

• African Union-United Nations Hybrid Operation in Darfur (UNAMID, 2007) (military 7,509; police 1,704; civilian 960; UN Volunteers 129) (when fully deployed: military 19,555; police 6, 432; civilians 5,034; UN Volunteers 548)

• United Nations Mission in the Central African Republic and Chad (MINURCAT, 2007) (military 14; police 71; civilian 32; UN Volunteers 16) (when fully deployed: "a maximum of 300 police and 50 military liaison officers and an appropriate number of civilian personnel" (asdf, 2008).

Peacekeeping operations can take many forms. They are constantly evolving in the light of changing circumstances. Among the tasks discharged by peacekeeping operations over the years are:

• Maintenance of ceasefires and separation of forces. By providing "breathing space", an operation based on a limited agreement between parties can foster an atmosphere conducive to negotiations.

• Protection of humanitarian operations. In many conflicts, civilian populations have been deliberately targeted as a means to gain political ends. In such situations, peacekeepers have been asked to provide protection and support for humanitarian operations.

However, such tasks can place peacekeepers in difficult political positions, and can lead to threats to their security.

• Implementation of a comprehensive peace settlement. Complex, multidimensional operations, deployed on the basis of comprehensive peace agreements, can assist in such diverse tasks as providing humanitarian assistance, monitoring human rights, observing elections and coordinating support for economic reconstruction (asdf, 2008).

No catalogue of such roles can be exhaustive. Future conflicts are likely to continue to present complex challenges to the international community. An effective response will require courageous and imaginative use of the tools for peace.

 

Enforcement

Under Chapter VII of the Charter, the Security Council can take enforcement measures to maintain or restore international peace and security. Such measures range from economic sanctions to international military action.

Sanctions

The Council has resorted to mandatory sanctions as an enforcement tool when peace was threatened and diplomatic efforts had failed. Sanctions have been imposed against Iraq, the former Yugoslavia, Libya, Haiti, Liberia, Rwanda, Somalia, UNITA forces in Angola, Sudan, Sierra Leone, the Federal Republic of Yugoslavia (including Kosovo), Afghanistan, Ethiopia and Eritrea, Iran and the Democratic People's Republic of Korea. The range of sanctions has included comprehensive economic and trade sanctions, or more specific measures such as arms embargoes, travel bans and financial or diplomatic restrictions (asdf, 2008).

The use of sanctions seeks to apply pressure on a state or entity to comply with the objectives set by the Security Council without resorting to the use of force. Sanctions thus offer the Council an important tool to enforce its decisions. The universal character of the UN makes it an especially appropriate body to establish and monitor sanctions. At the same time, many states and humanitarian organizations have expressed concerns at the possible adverse impact of sanctions on the most vulnerable segments of the civilian population, such as the elderly, the disabled, refugees or mothers with children. Concerns have also been expressed at the negative economic, social and even political impact sanctions can have on the economies of third or neighbouring countries, where trade and economic relations with the sanctioned state are interrupted (asdf, 2008).

It is increasingly accepted that the design and application of sanctions need to be improved. The negative effects of sanctions can be reduced either by incorporating humanitarian exceptions directly into Security Council resolutions, or by better targeting them. So-called "smart sanctions" — which seek to pressure those in power rather than the population at large, thus reducing humanitarian costs — have been gaining support. Smart sanctions may, for instance, involve freezing the financial assets and blocking the financial transactions of elites or entities whose illicit activities triggered sanctions in the first place.

Authorizing military action

When peacemaking efforts fail, stronger action by member states may be authorized under Chapter VII of the Charter. The Security Council has authorized coalitions of member states to use "all necessary means", including military action, to deal with a conflict — as it did to restore the sovereignty of Kuwait after its invasion by Iraq (1991); to establish a secure environment for humanitarian relief operations in Somalia (1992); to contribute to the protection of civilians at risk in Rwanda (1994); to restore the democratically elected government in Haiti (1994); to protect humanitarian operations in Albania (1997); and to restore peace and security in East Timor (1999 and 2006) (asdf, 2008).

These actions, though sanctioned by the Security Council, were entirely under the control of the participating states. They were not United Nations peacekeeping operations — which are established by the Security Council and directed by the Secretary-General.

Peace building

For the United Nations, peace building refers to efforts to assist countries and regions in their transitions from war to peace, including activities and programmes to support and strengthen these transitions. A peace building process normally begins with the signing of a peace agreement by former warring parties and a United Nations role in facilitating its implementation. This may include a continued diplomatic role for the UN, to ensure that difficulties are overcome through negotiation rather than resort to arms (asdf, 2008).

It may also include various types of assistance — such as the deployment of military forces as peacekeepers; the repatriation and reintegration of refugees; the holding of elections; and the disarmament, demobilization and reintegration of soldiers. At the heart of peacebuilding is the attempt to build a new and legitimate state, one which will have the capacity to peacefully manage disputes, protect its civilians and ensure respect for basic human rights (asdf, 2008).

Peace building involves action by a wide array of organizations of the UN system, including the World Bank, regional economic and other organizations, non-governmental organizations (NGOs) and local citizens' groups. Peace building has played a prominent role in United Nations operations in Cambodia, El Salvador, Guatemala, Mozambique, Liberia, Bosnia and Herzegovina and Kosovo, as well as more recently in Afghanistan, Burundi, Iraq and Sierra Leone. An example of inter-state peace building has been the UN Mission in Ethiopia and Eritrea (asdf, 2008).

Electoral assistance

The United Nations broke new ground in 1989, when it supervised the entire election process that led to the independence of Namibia. Since then, the UN, at the request of governments, has assisted with elections in countries such as Nicaragua (1990), Angola (1992), Cambodia (1993), El Salvador, South Africa and Mozambique (1994), Eastern Slavonia (Croatia) (1997), the Central African Republic (1998 and 1999), Afghanistan (2004 and 2005), Iraq and Liberia (2005), and Haiti and the Democratic Republic of the Congo (2006). It also observed the 1993 referendum in Eritrea, and organized and conducted the 1999 popular consultation in East Timor and its 2001 and 2002 elections, which led to the independence of East Timor as Timor-Leste, as well as its elections in 2007 (asdf, 2008).

The degree and type of United Nations involvement depends upon such factors as the requests received from governments, provisions of peace agreements, or mandates from the General Assembly or the Security Council. The UN has played a variety of roles, ranging from technical assistance to the actual conduct of the electoral process. In some cases, the UN will coordinate the activities of international observers. Typically, such observers follow the registration of voters, the electoral campaign and the organization of the polls. Since 1992, the United Nations has provided various forms of electoral assistance to more than 107 countries — including advisory services, logistics, training, civic education, computer applications and short-term observation (asdf, 2008).

The Electoral Assistance Division in the Department of Political Affairs (www.un.org/Depts/dpa/ead) serves as the focal point for electoral assistance within the UN system.

 

Disarmament

Since the birth of the United Nations, the goals of multilateral disarmament and arms limitation have been central to its efforts to maintain international peace and security. The Organization has given highest priority to reducing and eventually eliminating nuclear weapons, destroying chemical weapons and strengthening the prohibition against biological weapons — all of which pose the greatest threat to humankind. While these objectives have remained constant over the years, the scope of deliberations and negotiations is changing as political realities and the international situation evolve.

The international community is now considering more closely the excessive and destabilizing proliferation of small arms and light weapons and has mobilized to combat the massive deployment of landmines — phenomena that threaten the economic and social fabric of societies and kill and maim civilians, too many of whom are women and children.

Consideration is also being given to the need for multilaterally negotiated norms against the spread of ballistic missile technology, the explosive remnants of war, and the impact of new information and telecommunications technologies on international security.

The tragic events of 11 September 2001 in the United States, and subsequent terrorist attacks in a number of countries, underlined the potential danger of weapons of mass destruction falling into the hands of non-state actors. The attack could have had even more devastating consequences had the terrorists been able to acquire and use chemical, biological or nuclear weapons. Reflecting these concerns, the General Assembly adopted at its fifty seventh session in 2002, for the first time, a resolution on measures to prevent terrorists from acquiring weapons of mass destruction and their means of delivery (asdf, 2008).

In 2004, the Security Council took its first formal decision on the danger of the proliferation of weapons of mass destruction, particularly to non-state actors. Acting under the enforcement provisions of the UN Charter, the Council unanimously adopted resolution 1540, obliging states to refrain from any support for non-state actors in the development, acquisition, manufacture, possession, transport, transfer or use of nuclear, chemical and biological weapons and their means of delivery. The resolution imposes far-reaching obligations on all states to establish domestic measures to prevent the proliferation of nuclear, chemical and biological weapons, and their means of delivery, including the establishment of appropriate controls over related materials (asdf, 2008).

Subsequently, the General Assembly adopted the International Convention for the Suppression of Acts of Nuclear Terrorism, which was opened for signature in September 2005.

In addition to its role in the actual disarmament of weapons and in verifying compliance, the United Nations plays an essential role in multilateral disarmament by assisting member states in establishing new norms and in strengthening and consolidating existing agreements. One of the most effective means of deterring the use or threatened use of weapons of mass destruction by terrorists is to strengthen multilateral regimes already developed to ban those weapons and prevent their proliferation.

Disarmament machinery

The United Nations Charter gives the General Assembly the chief responsibility for considering "the general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments" (Article 11). The Assembly has two subsidiary bodies dealing with disarmament issues: the First Committee (Disarmament and International Security), which meets during the Assembly's regular session and deals with all disarmament issues on its agenda; and the Disarmament Commission, a specialized deliberative body that focuses on specific issues and meets for three weeks every year (asdf, 2008).

The Conference on Disarmament is the international community's sole multilateral negotiating forum for disarmament agreements. The Conference successfully negotiated both the Chemical Weapons Convention and the Comprehensive Nuclear-Test-Ban Treaty. Since it addresses matters that touch upon the national security interests of states, it works strictly on the basis of consensus. It has a limited membership of 65 states and a unique relationship with the General Assembly. While the Conference defines its own rules and develops its own agenda, it takes into account the recommendations of the Assembly and reports to it annually. Since 1997, the Conference has been unable to agree on a substantive programme of work due to lack of consensus among its members on disarmament priorities (asdf, 2008).

In the UN Secretariat, the Office for Disarmament Affairs implements the decisions of the Assembly on disarmament matters. The United Nations Institute for Disarmament Research
(UNIDIR) undertakes independent research on disarmament and related problems, particularly international security issues. The Advisory Board on Disarmament Matters advises the Secretary- General on matters relating to arms limitation and disarmament, and serves as the Board of Trustees of UNIDIR. It also advises on implementation of the recommendations of the United Nations
Disarmament Information Programme.

ECONOMIC AND SOCIAL DEVELOPMENT

Although most people associate the United Nations with the issues of peace and security, the vast majority of the Organization's resources are in fact devoted to advancing the Charter's pledge to "promote higher standards of living, full employment, and conditions of economic and social progress and development". United Nations development efforts have profoundly affected the lives and well-being of millions of people throughout the world. Guiding the United Nations endeavours is the conviction that lasting international peace and security are possible only if the economic and social well-being of people everywhere is assured (asdf, 2008).

Many of the economic and social transformations that have taken place globally since 1945 have been significantly affected in their direction and shape by the work of the United Nations. As the global centre for consensus-building, the UN has set priorities and goals for international cooperation to assist countries in their development efforts and to foster a supportive global economic environment.

Since the 1990s, the UN has provided a platform for formulating and promoting key new developmental objectives on the international agenda, through a series of global conferences. It has articulated the need for incorporating issues such as the advancement of women, human rights, sustainable development, environmental protection and good governance into the development paradigm.

This global consensus was also expressed through a series of international development decades, the first beginning in 1961. These broad statements of policy and goals, while
emphasizing certain issues of particular concern in each decade, consistently stressed
the need for progress on all aspects of development, social as well as economic, and the
importance of narrowing the disparities between industrialized and developing countries.

As the twentieth century came to an end, the focus shifted to implementing these commitments in an integrated and coordinated manner. At their Millennium Summit in 2000, member states adopted a set of wide-ranging Millennium Development Goals (MDGs), supported by a series of specific, attainable targets.

Together, the goals and targets aim at: eradicating extreme poverty and hunger; achieving universal primary education; promoting gender equality and the empowerment of women; reducing child mortality; improving maternal health; combating HIV/AIDS, malaria and other diseases; ensuring environmental sustainability; and developing a global partnership for development. The international community recommitted itself to those goals during a World Summit in 2005, aimed at reviewing and moving ahead with the outcome of the Millennium Summit (asdf, 2008).

    By way of conclusion, The United Nations Organization plays a significant role in maintaining peace and harmony with the use of its various departments and machineries among member state and societies with weaker military strength. This scenario has resulted to the increasing number of nations that are members and have accepted to promote world peace and harmony on planet earth. The United Nations also encourage economic and social development, human right recognition and humanitarian action as their concern involves any phenomenon that could threaten a nation or nations as time pass by their roles are increasingly changing to stand the taste of time.

 

                    REFERENCES

Asdf    (2008)            The United Nations Today. United Nations

Department of Public Information: United Nations Headquarters New York,

NY 10017. ISBN 978-92-1-101160-9

            

The Role of IMF in Post Conflict Settlement

Abstract

This paper focuses on the efforts made to build a new financial system in post-conflictsettlement such as Afghanistan. It focuses on the role of IMF technical assistance rendered from October 2001 toMay 2003 when staff of the Monetary and Financial Systems Department and contracted expertsprovided comprehensive advice and support in restoring and transforming central bankingservices as well as setting up emergency payment systems. The paper outlines the role of IMF in reforming the payments and banking systems in post-conflicteconomies, drawing upon critical events and milestones in practical applications from previousIMF technical assistance to Kosovo and East Timor. It emphasizes that the sequencing of actionswithin a graduated approach is crucial, including early decisions on the choices of a legal tenderand exchange rate regime; operation of a rudimentary payment system on an emergency basis;preparation of financial legislation in line with international best practices as adapted to locallegal traditions; the licensing, regulation, and supervision of banks and nonbank financialinstitutions; and eventual restoration of central banking functions in a two-tier banking system.

INTRODUCTION

The objective of the IMF's technical assistance program is to contribute to the development of the productive resources of member countries by enhancing the effectiveness of economic policy and financial institutions and management. Providing technical assistance to member states has been one of many tasks assigned to the IMF by its Articles of Agreement (IMF, 1944).Support to member states from MFD is provided as direct technical assistance through MFD led missions, staff and expert visits, expert secondment and headquarters research (Lonnberg, 2001:2). These visitation are done to ensure that the best strategy is adopted in the course of intervening in post conflict settlement.

International Monetary Fund in Post-Conflict Settings

IMF deals with economies going through difficult times, which in some casesleads to crises and chaos. A post-conflict situation tends to differ from other troubledsituations in several respects, including the following:

(i) Social and military conflicts, internal or in combination with externalinterference, almost always have created emergency conditions.

(ii) Great social turmoil has killed or dislocated large sections of the population,thereby, severely impairing the effective efforts of human capital.

(iii) Central administrative, economic, and political functions have been destroyedor significantly disrupted.

(iv) Local capacity and capabilities have been so fundamentally reduced that theywould be unlikely to recover on their own.

(v) Broad consensus exists that the international community should becomeinvolved to reestablish peace, law and order and to take steps to rebuild theeconomy.

(vi) Existing needs for institution-building may well go beyond merely restoringthe previous order and call for new permanent institutions to be constructed insome important ways different from the old.

Together, these factors create a complex situation, characterized by inter-related weaknessesthat render the post-crisis economy incapable of handling its own problems. In such cases,the international community—sometime represented by a UN transitional administration—iscalled upon to intervene during a transitory period to cope with the immediate emergencyhumanitarian situation, and to act as interim government, laying the foundations for therestoration of civil society, for an economic revival, and for an eventual return to aconstitutional political system (Sundararajan and et. al, 1995:4).

In such post-conflict situations, traditional central authorities—including the central bank—would have, by and large, ceased to function. Public institutions as well as banks and manyprivate enterprises may have been physically destroyed and further incapacitated by largescaledesertion of management and trained staff. Institution-building is thus a key element ofreform in post-conflict economies, but the mix of recovery and reform is one of the criticalpolicy issues and judgments that must be made.

In one extreme form, the task may also involve assistance in nation-building, which is evenmore complex. In the other extreme form, the inclination would be to reestablish old—evenif inefficient—structures before moving on with much reform. Whatever the scope of work,it is typically neither possible, nor appropriate, to reestablish old structures in post-conflictsituations if the preconditions for those former structures have changed irreversibly. Giventhe inevitability of change, the opportunity should not be missed to form new structures thatare more effective, more transparent, and characterized by better governance to replace theprevious ones. In this task of transforming the old institutions, or establishing new ones, localparticipation and acceptance of the reforms are critical. Without local ownership, the reformprocess is unlikely to be implemented with any success (Sundararajan and et. al, 1995:4).

.

The International Monetary Fund (IMF) expands its scope of its policies on disaster management to post-conflict countries experiencing severe balance of payments difficulties, subject to the recipient government's capacity and commitment to plan and implement on an acceptable economic program. For instance, in October 1995 the IMF expanded the scope of its traditional emergency assistance program beyond provision for natural disasters to include carefully defined post-conflict situations. The requirements for use of emergency assistance include a statement of economic policies; a quantified macroeconomic framework; and a statement by the authorities of their intention to move as soon as possible to a PRGF financing (Lonnberg, 2001:6).

The IMF normally extends its assistance as part of an internationally coordinated effort, while focusing on re-establishment of macroeconomic stability. The components of this coordinated support may include: (i) Technical assistance – focused on rebuilding capacity (e.g. monetary and exchange institutions) to help restore payment, credit, and foreign exchange operations and ensure effective use of aid resources. The UNDP, bilaterals, and other multilaterals may jointly finance such assistance. (ii) Policy advice – covering the full range of macroeconomic policies, as well as needed structural measures. (iii) Financial assistance – by way of quick-disbursing financial assistance, and dependent on country-specific factors such as how quickly the political situation is clarified, capacity to formulate and implement an economic program, time needed to mobilize donor support, and where, relevant, the clearance of arrears to multilaterals(El Qorchi and et. al. , 2003:15).

In so doing, the IMF has developed Fund- and Staff-Monitored Programs to help countries in arrears establish a track record on policies and payments, leading to eventual clearance of arrears to the Fund. Fund-Monitored Programs contain targets and policy intentions and are reviewed and endorsed by the Board. On the other hand, Staff-Monitored Programs provide a basis for the Fund to engage in intensive policy dialogue with members in arrears that may not be able to adopt and implement programs. These approaches, supported by the provision of technical assistance, have been instrumental in assisting countries design and implement appropriate economic policies and progress toward the normalization of financial relations with external creditors, including the Fund (BIS, 1999: 4).

IMF and Technical Assistance Coordination

The rebuilding of an Afghan financial system has a strong bearing on the fiscal side to restorean operative Treasury function of the Ministry of Finance. The restorationof commercial banks and nonbank financial institutions, key legal issues must be addressed. The advice should, therefore, be closely coordinated with assistance also from experts in those areas. Moreover, close coordination is needed with several other international financial institutions and major technical assistance providers. (Lonnberg, 2001:3).

Another issue of importance for technical assistance coordination arises from the very possible limited capabilities of the authorities to formulate, prioritize, and handle technical assistance. This can also include limitations on the counterparts' physical capability. Even for this, external advice and assistance may be needed. On occasion, the authorities will request the IMF or another major technical assistance provider to take the lead in coordinating the assistance to avoid duplicating efforts (Lonnberg, 2001:23).

POLICY FRAMEWORK AND GUIDELINES FOR FUTURE SUPPORT INTERNATIONAL MONETARY FUND (IMF)

Guiding Principles

There is an emerging consensus within the international development community over the need to deal with the problems created by violent conflicts in a concerted manner. Peace building and conflict resolution are now seen as integral parts of the body of international public goods necessary for effective global governance. As a leading player in development, the IMF has to be a part of this international effort. Given its field knowledge of the post-conflict assistance its accumulated experience of involvement in post-conflict assistance will need to be visible and, when appropriate, play a lead role in post-conflict assistance in the continent (Maimbo, 2002: 6).

The IMF intervention in conflict and post-conflict countries emanates from the Bank's mandate and overarching objectives of poverty reduction. The primary mission of the IMF is to promote the social and economic development of its regional member states by mobilizing internal and external resources for investment in its regional member countries. This mission can only be discharged in a safe and secure environment -- war and conflict are inimical to the long-terms goals of social and economic development. By virtue of this mandate, the IMFhas a duty to engage in finding solutions to the problems of post-conflict countries. IMF recognizes that poverty remains the underlying cause of conflict and is exacerbated at the post-conflict stage. IMF involvement in post-conflict situations will therefore be in consonance with the Vision and will be a further contribution to the promotion and enhancement of the riches of local bank priorities.

Most regional member countries affected by conflict have built up substantial arrears in their repayment obligations to IMF. Such arrears not only affect the financial standing of local Banks with the international financial markets, but also prevent the possibility of continuing to do business with these countries. Arrears have made it increasingly difficult for such countries to access Bank lending. It is therefore critical for the Bank, in collaboration with the BWIs, to provide assistance to post-conflict countries to enable them regularize their relationship with the international community in the areas of resource mobilization, arrears clearance and debt relief, and program support. These policy guidelines above seeks to address these and other related concerns and provide meaningful assistance to post-conflict countries that are committed to the restoration of peace and the resumption of broad-based economic growth and poverty reduction. According to Maimbo(2002:16), the IMF post-conflict assistance will, therefore, be guided by the following six guiding principles:

Comparative Advantage and Selectivity: First, the needs of post-conflict countries are very diverse and IMF cannot intervene in all post-conflict situations. In view of its limited comparative advantage, Bank interventions will therefore be based on the principle of focus and selectivity. The IMF support will focus primarily on the provision of basic social and economic infrastructure; reconstruction and rehabilitation; institutional reform and capacity building; and the promotion of good governance. Poverty reduction and restoration of economic growth will provide the general framework within which Bank's post-conflict assistance will be provided. In other areas such as maintaining peace and political stability on the continent as well as in the provision of humanitarian emergency relief assistance, the Banks recognizes the lead role of the United Nations and its specialized agencies, and regional.

In areas where other agencies have comparative advantages, the IMF would, however, play a supportive role through policy analysis and dialogue and through designing and financing projects and programs that address the root causes of conflicts.

Partnership, Coordination and Participatory Approach: Second, the IMF is convinced that post-conflict recovery programs have greater chances of success when developed and managed in partnership with other stakeholders and through a participatory approach. The needs of post-conflict countries are beyond the capacity of any single institution, and the recovery of post-conflict societies, therefore, calls for a comprehensive and coordinated approach by both local and international actors. The IMF interventions will be based on open and transparent interactions with other actors so as to maximize synergies and avoid duplications. The IMF support to post-conflict countries will therefore be within a framework broadly endorsed and agreed upon by all donors based on national recovery needs assessments. In doing so, IMF will continue to promote the involvement of civil society and local communities in post-conflict recovery.

Country Ownership: Third, Every effort will be made to ensure that IMF supported post-conflict projects and programs will be under the ownership, responsibility and control of concerned countries. The IMF's role is to provide assistance, besides lending, of advisory services and actively participate in the design of national recovery reforms and plans, via policy dialogue, technical assistance, and other non-lending activities.

Early and Sustained Engagement: Fourth, the IMF recognizes the importance of early and sustained engagement for the quick resumption of normal economic and social activities. The IMF, together with other donors, will therefore act rapidly in post-conflict situations where conditions allow. Where possible, the IMF's post-conflict assistance should be maintained until normalcy is restored and the country becomes eligible for normal IMF assistance. However, the Bank will regularly review the situation, based on political and social developments on the ground. Such a review will be the basis for determining whether support should be continued or suspended as well as adjusting the nature and level of assistance to changing situations.

Regional Dimension: Fifth, the IMFis aware that conflicts in Afghanistan often take a regional dimension due to ethnic and religious links and in some cases affecting a whole sub-region. The IMF's post-conflict assistance will therefore take into account the regional dimension of conflicts, and will also promote political, economic, and social cohesion among neighbours through its regional integration and governance policies. This will be done, where possible, with the cooperation of regional and sub-regional organizations. Therefore, increased efforts will be made to promote greater regional and sub-regional cooperation, through financing multinational institutions that promote peace and economic development.

Flexibility and Case-by-Case Approach: Sixth, IMF views each post-conflict situation as complex, and the IMF post-conflict recovery support will be tailored to fit each country's unique requirements and environment. Bank interventions will be sensitive to the political and social contexts of each post-conflict situation. The specific circumstances will determine the priority areas suitable for IMF assistance.

In summary, the IMF recognizes the logical link between the immediate/short term, medium-term, and the longer-term recovery needs. It views the recovery effort as a continuous and coherent package. The IMF engagement under this policy will, therefore, be guided within a framework of a more multi-sectoral and integrated approach whereby the pressing needs and aspects of the different recovery phases will be addressed. IMF post-conflict interventions will, however, be selective and based on well-thought-out designs and preparatory work, which take into account the possibility of change in the initial commitments. Where possible, the IMF will engage at most stages/activities until the full normalization of the countries' relationship with the donor agencies has been restored. This however does not imply that the IMF will commit resources or execute projects at all areas of the recovery phases.

By way of conclusion, the role of IMF in post-conflict settlement have been more of humanitarian service rendered to rebuild economies or financial system of post-conflict settlement through the provision of traditional emergency in natural disaster, re-establishment of macroeconomic stability which include rebuilding capacity to help restore payment; credit and foreign exchange operations, policy advice covering macroeconomic policies as well as needed structural measures, financial assistance, clearance of arrears to multilaterals and restoration of commercial banks and nonfinancial institution. These roles are evident in Afghanistan which was used as a case study for this paper.

 

 

 

 

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Bank for International Settlements(1999)Core Principles for Systemically

 

ImportantPayment Systems, Basel.

 

Basel Committee on Banking Supervision (1997)The Core Principles Methodology (Basel:Bank for International Settlement).

El Qorchi, Mohammed, Samuel MunzeleMaimbo, John F. Wilson (2003) "Informal FundsTransfer: An Analysis of the Hawala System," (Washington: International MonetaryFund and World Bank).

International Monetary Fund (1944)Articles of Agreement of the International MonetaryFund, Washington., 2001, Guidelines for Foreign Exchange Reserve Management, Washington.

Lonnberg, Ake (2001) "Post-Conflict Economies: Lessons from Restoring and TransformingPayments and Banking Systems in Kosovo and East Timor," (unpublished;Washington: International Monetary Fund).

Maimbo, Samuel Munzele (2002) "The Money Exchange Dealers of Kabul—A Study of theHawala System in Afghanistan" (Washington: World Bank).

Sundararajan, V, W. Alexander, T. Baliño, W. Coats, R.B. Johnston, C.J. Lindgren,T. Nordman, J. Dalton, and A. Hook (1995) "The Design of a Minimal Monetary andExchange Structure for Countries in Post-Chaos/Post-Conflict Situations,"(unpublished; Washington: International Monetary Fund).