Opinion: The UN Charter turns 79 today. It’s time for an upgrade

Today, the Charter of the United Nations officially turns 79. It is U.N. Day, which marks the anniversary of the entry into force of the U.N. Charter on Oct. 24, 1945. The U.N. describes the day as an opportunity to “reaffirm the purposes and principles of the UN Charter.” But a growing movement also sees it as a moment to reflect on the charter’s shortcomings. But not only: We at the UN Charter Reform Coalition — a group of civil society organizations advocating for change — also seek to reflect on how an upgrade to the U.N. Charter can help us chart a new way forward and build the global governance the world so desperately needs. Seventy-nine years ago, the U.N. Charter was groundbreaking. Its true genius, however, is that reform is embedded within: Two articles were included in the text to placate early criticism of the charter. Articles 108 and 109 allow for amendments to be made, if supported by a majority of countries (and the five permanent members of the Security Council, the P5). “The UN Charter … will be expanded and improved as time goes on,” said former U.S. President Harry Truman at the time of its adoption. “No one claims that it is now a final or a perfect instrument.” In particular, Article 109 calls for a “General Conference” to review the charter. It was a concession made to the many countries who were opposed to the veto power given to the P5. Without Article 109, we may not have had a U.N. Nearly 80 years later, this pathway for change has never been used. We believe it is high time to invoke Article 109. A global governance system not fit for purpose Calls for fundamental reform of the U.N. are gathering pace. U.N. Secretary-General António Guterres has stated that it is “reform or rupture” for the U.N. and U.S. President Joe Biden has called for the U.N. “to become more inclusive so that it can better respond to the needs of today’s world”. They join leaders such as Ukrainian President Volodymyr Zelenskyy, Brazilian President Luiz Inácio Lula da Silva, and the Prime Minister of Barbados Mia Mottley who have respectively called for reform of the Security Council, a “comprehensive review” of the charter, and a “global reset.” All 193 member states also recently agreed to the Pact for the Future, which includes commitments to reforming the multilateral system. That is because world leaders are waking up to the fact that the current global governance architecture is not well-suited for the unprecedented crises we face. Charter reform can not only help us better address these crises, but actually strengthen the very founding principles of the U.N. The U.N.’s primary purpose is to maintain international peace and security. But while it has succeeded in avoiding another world war (so far), it has not lived up to its broader quest for peace. In 2023, the world recorded the highest number of conflicts since 1946. Conflict-related deaths have also shown worrying upward trends in recent years. The current system allows for paralysis in responding to threats to peace and security — with the P5 applying the charter’s principles selectively. For example, the U.S. has continuously vetoed resolutions over the war in Gaza and Russia has illegally invaded Ukraine in clear violation of the charter, in particular Article 2, which requires U.N. member states to refrain from the “use of force against the territorial integrity or political independence of any state.” An update to process and mandate The U.N. Charter has created a two-tier system of the P5 and the rest — at odds with its own “principle of the sovereign equality of all its Members.” A charter review conference can help address this well-documented dysfunction, by giving a fresh process through which to discuss the many proposals on the table for reform of the Security Council. In addition, a refresh can allow us to redefine what constitutes threats to peace and security. The U.N. Charter is stuck in the past, framed by the horrors of World War II. In 1945, the main threat to peace and security was another world war. Today, the climate crisis represents an equal, if not greater, threat. But the word “environment” is not mentioned in the U.N. Charter. An upgraded U.N. Charter could give the U.N. a clear mandate and sufficient resources to fight the climate catastrophe, for example, through the creation of an Earth System Council, as some have suggested, alongside the Security Council. It could also give impetus to overcoming the “crisis of multilateralism” and help deliver on the Sustainable Development Goals. So, now is the time to ask ourselves: if the U.N. was created to “save us from hell,” why not ensure it has the means to do so? Concerns about reforming the U.N. Charter largely center on the risk of opening a Pandora’s box: If you renegotiated it, could the U.N. Charter, in particular its elements linked to human rights, actually regress and worsen at a time of heightened geopolitical polarization? But no reforms to the charter can be adopted without the support of a majority of member states — as well as the P5. In effect, this is a built-in mechanism against regression. The current charter will remain unchanged without wide-spread support. And the negotiations during the recent U.N. Summit of the Future, in which Russia tried to block any deal at all, showed that those advocating for regression were not ultimately able to garner enough support. Reforming the U.N. is not about seeking a tabula rasa for multilateralism. Rather, it is about reviewing the current charter and adapting it to the needs of the 21stt century. In 1945, the drafters of the charter had little to work with. We now have a principled document we can improve. Let us use that opportunity. Editor’s note: The opinions expressed here represent those of the UN Charter Reform Coalition. They do not necessarily reflect the views of other institutions or groups to which the authors are affiliated.