A discourse of the general tendencies across the United Nations system is imperative in a study of this kind. The reason for this lies in the fact that this study seeks to investigate Nigeria’s anti-colonial behaviour on the anti-colonial problem in Africa on the platform of this organization, hence the need to discuss the organization and its component organs. Suffice it to say that since Nigeria attained independence, the country has played one role or the other in the UN. It is in this connection that we shall consider Nigeria’s roles and contributions to the world body as well as the behaviour of other member states of the U.N within the period when Nigeria became a member; and the demise of colonialism in Africa. In this part, our objective therefore will be to provide an insight into the historical evolution, structural setting, and the objective and principles of the organization.
The evolution of the UN can be traced to two major events of the 20th century; the World Wars One and Two. The fall-out of the First World War was the League of Nations; the weakness and inefficient nature of the League of Nations made the outbreak of World War Two inevitable;
while the need to forestall World War Three necessitated the emergence of the United Nations Organization (Basu, 2004).The UN came into being in the age of intense global conflict. Its creation, as noted above, was consequent upon the quest of the victorious allied leaders to have machinery for the peaceful settlement of disputes that may arise among states of the world. The primary purpose of avoiding another world war by keeping the defeated Axis powers in check if not bondage played a critical role in the advent of this organization.
Consequently in June 1945, a conference was held in San-Francisco, United States where the charter establishing the United Nations was finally signed. A total of 45 countries signed the UN Charter into existence in 1945.
106 3.6.1. Objectives of the United Nations
At inception, the primary objectives of the United Nations were contained in the preamble of the Organization’s Charter. It read thus:
WE THE PEOPLES OF THE UNITED NATIONSDETERMINED
To save succeeding generations from the scourge of war, which twice in our life time 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.78
Therefore, it is evident from the above declared objectives that the agonizing and destructive impact of the (WW One and WW Two), coupled with the resultant humanitarian effects it engendered were factors which influenced the formation of the UN. Likewise, the purposes and principles of the United Nations were spelt out in Chapter 1 Article 1, of the charter as follows:
Purposes of the United Nations are:
To maintain international peace and security; and to that end: to take effective collective Measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;79
-To develop friendly relations among nations based on respect for the principle of
78 www.un.org/charterarticle.
79 Ibid.
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Equal rights and self-determination of peoples, and to take other appropriate Measures to strengthen universal peace.80
-To achieve international cooperation solving international problems of a Social, cultural, or humanitarian character, and in promoting and encouraging
Respect for human rights and for fundamental freedoms for all without distinction
As to race, sex, language, or religion.81
- To be a centre for harmonizing the actions of nations in the attainment of these Common ends.82
The pre-eminence given to the maintenance of international peace and security in the charter by the drafters is reflective of the fact that without the presence of international security, and peaceful neighbourliness within a country’s borders and among states which made up the international community, none of the organization’s purposes and principles can be actualized.
3.6.2. Structure/Organs of the United Nations
Under chapter 111, of Article 7, the principal organs of the United Nations are listed as follows:
-The General Assembly,
-Security Council,
-The Economic and Social Council,
80 Ibid.
81 Ibid.
82See the United Nations Charter, available online at www.un.org/charter.
108 - Trusteeship Council;
-The International Court of Justice,
-The Secretariat.
We shall proceed to discuss the membership composition and the general tendencies across each of these organs. This will be done in the order presented above.
3.6.3. The General Assembly - Functions and powers
The General Assembly of the United Nations is one of the main organs of the organization. The General Assembly occupies a key position as the chief deliberative, policymaking and representative organ of the world body - the United Nations. It comprised of all 193 Members states of the organization; and it offers a unique forum for multilateral discussion of the full spectrum of international issues which are enshrined in the organization’s Charter.
In addition to this, the General Assembly also plays a significant role in the process of standard-setting and the codification of international law. The Assembly holds its annual regular session from September to December each year, and thereafter as required.83
According to the Charter of the United Nations, the General Assembly has the power to:
Consider and approve the United Nations budget and establish the financial assessments of Member States;
83 www.unga.com/roles .
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Elect the non-permanent members of the Security Council and the members of other United Nations councils and organs and, on the recommendation of the Security Council, appoint the Secretary-General;
Consider and make recommendations on the general principles of cooperation for maintaining international peace and security, including disarmament;
Discuss any question relating to international peace and security and, except where a dispute or situation is currently being discussed by the Security Council, make recommendations on it;
Discuss, with the same exception, and make recommendations on any questions within the scope of the Charter or affecting the powers and functions of any organ of the United Nations;
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, and international collaboration in the economic, social, humanitarian, cultural, educational and health fields;
Make recommendations for the peaceful settlement of any situation that might impair friendly relations among nations;
Consider reports from the Security Council and other United Nations organs.84
Other powers conferred on the Assembly by the Charter include taking action in cases of a threat to the peace, breach of peace or act of aggression, when the Security Council has failed to act owing to the negative vote of a permanent member. In such instances, according to its
“Uniting for Peace” resolution of November 1950 (resolution 377 (v), the Assembly may consider the matter immediately and recommend to its Members collective measures to maintain or restore international peace and security.
84 www.unga.com/roles
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Voting Pattern and Consensual Practice in the General Assembly
All the 193 Member States in the Assembly are entitled to one vote. Votes taken on designated important issues — such as recommendations on peace and security, the election of Security Council and Economic and Social Council members, and budgetary questions — require a two-thirds majority of Member States, but other questions are decided by simple majority.
In recent years, an effort has been made to achieve consensus on issues, rather than deciding by a formal vote, thus strengthening support for the Assembly’s decisions. The President, after having consulted and reached agreement with delegations, can propose that a resolution be adopted without a vote83.
3.6.4. The Security Council of the United Nations
As enshrined in the Charter, the functions and powers of the Security Council are:
-to maintain international peace and security in accordance with the principles and purposes of the United Nations;
-to investigate any dispute or situation which might lead to international friction;
-to recommend methods of adjusting such disputes or the terms of settlement;
-to formulate plans for the establishment of a system to regulate armaments;
-to determine the existence of a threat to the peace or act of aggression and to recommend what action should be taken;
-to call on Members to apply economic sanctions and other measures not involving the use of force to prevent or stop aggression;
-to take military action against an aggressor;
-to recommend the admission of new Members;
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-to exercise the trusteeship functions of the United Nations in "strategic areas";
-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.85
The UN charter stipulates that the Security Council should be made up of fifteen members, five of which are permanent members; while the remaining 10 are traditionally elected to serve in the council. The permanent members of the Security Council are the World superpowers namely China, France, the United States of America, Britain and Russia. The charter of the UN confers on these countries, the exclusive power of veto – which permits them to veto any decision of the council that infringes on the interest of their country. The original proposal was that the Security Council should have a military force at its command which it could use to keep order among nations. In signing the Charter, the founding members of the organization agreed on how to set up a UN police force, except in the case of Korea.
Any nation, whether or not a member of the UN may bring to the attention of the General Assembly or the Security Council any dispute that may lead to the breach of international peace. Both Security Council and the General Assembly are empowered under the United Nations Charter to find ways of settling such disputes peacefully before resorting to the use of force. An example of this was the United Nations attempt to persuade Iraq under Saddam Hussein to withdraw its troops from the illegally occupied territory of Kuwait in 1990. In this case, the U.N gave the Iraqi leadership an appreciable ultimatum to pull out its troops from Kuwait but the appeal fell on deaf ears. This subsequently led to the U.N mandating its member states to use military means to restore the sovereignty of Kuwait. The Security Council has the right of veto on the admission of new members.
85 www.unsc.org/charterroles.
112 3.6.5. Economic and Social Council
The Economic and Social Council consist of eighteen (18) members elected by the General Assembly for a three-year term. This organ is charged with the responsibility of promoting higher standards of living, better health, respect for human rights and international cooperation in education and the arts. ECOSOC has created various committees and commissions to study and report on various subjects ranging from the economic condition of Europe to the international drug trade. It is ECOSOC that enters into the agreement with specialized agencies such as food and Agricultural Organization, Universal Postal Union, subject to the approval of the General Assembly.
ECOSOC also recognizes that non-governmental organizations have technical knowledge that may be in its work. Many of such organizations have been granted “consultative status” by this recognition, and permitted to send observers to public meetings of the Council and its commissions. They may also speak at such meetings and present written statements. The consulting organizations include international Chamber of Commerce, International Confederation of free trade Union, International, Association of Juvenile Court Judges, Rotary International, Salvation Army and international Islamic Economic Organization. ECOSOC reports regularly to the General Assembly and occasionally submits issues upon which the General Assembly may wish to pass resolutions.
3.6.6. The Secretariat
The UN Secretariat is situated in New York with a staff of over three thousand, working directly under the Secretary – General. Regional headquarters are located in cities like Geneva, Bangkok, The Hague, Montreal, Santiago de Chile, etc. - where the specialized agencies have their staff population. Article 100 of the UN Charter provides that the Secretary General and the staff shall not seek or receive instructions from any authority outside the organization.
3.6.7. The role of the UN Secretary General
The Secretary –General is the chief Administration officer of the UN. He has important political responsibilities. He is appointed by the Secretary General on the recommendation of the
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Security Council. Before the Secretary General is voted upon by the General Assembly, the name of the proposed Secretary General must be approved by the Security Council, subject to the veto of any one of the five permanent five. This procedure enhances the importance of the Secretary General for he has been accepted by the Great Powers, at the time of his election.
The Secretary General is in a position to mediate in times of severe tension. He has the privilege given him by the Charter, of coming before the Security Council to present for its consideration;
any matter he feels may threaten peace. The Secretary presents yearly reports on the work of the organization to the General Assembly. He also acts as the administrative officer for the meetings of the General Assembly, the Security, the trusteeship Council and the Economic and Social Council. He employs various members of the Secretariat for the effective performance of his duties.
3.6.8. The Trusteeship Council
The Trusteeship Council operating under the authority of the General Assembly was established to assist the General Assembly in carrying out the functions of administration and supervision of certain non-independent territories, more of which were liberated or extracted from the defeated AXIS powers or their allies after the World War 11.The following are the basic objectives of the Trusteeship system:
-To promote international peace and security;
-To promote the political, economic social and educational advancement of thee inhabitants of the trust territories and their progressive development towards self-government or independence etc.
-To encourage respect for human rights and for fundamental freedoms of all without distinction as to race, sex, language or religion etc.
3.6.9. The International Court of Justice (ICJ)
The International Court of Justice (ICJ) is the main judicial organ of the United Nations. It functions in accordance with the statute based upon the statute of the Permanent Court of
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International Justice and forms an integral part of the United Nations Charter. Under Article 94 each United Nations member undertakes to comply with the decision of the International Court of Justice in any case to which it is a party.