QUESTIONS OF SECURITY COUNCIL SANCTIONS, COMPOSITION RAISED IN LEGAL COMMITTEE AS IT DISCUSSES REPORT OF CHARTER COMMITTEE
Press Release
GA/L/2883
QUESTIONS OF SECURITY COUNCIL SANCTIONS, COMPOSITION RAISED IN LEGAL COMMITTEE AS IT DISCUSSES REPORT OF CHARTER COMMITTEE
19951107 The imposition of sanctions was never a proper way to settle disputes, the representative of the Democratic People's Republic of Korea told the Sixth Committee this afternoon as it took up the Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization.International peace and security could be ensured, he said, only when respect for sovereignty, territorial integrity, non-interference, impartiality and equality were strictly observed. The United Nations should bear full responsibility for the suffering of innocent people resulting from the imposition of sanctions.
The representative of the Czech Republic said that there were no simple solutions to the problems of third States affected by the application of Chapter VII sanctions. Most situations needed to be dealt with on a case by case basis because the circumstances and particular problems of each affected third State were unique. In that connection, Security Council sanctions committees should improve their procedures.
A more representative and balanced membership in the Security Council would enhance its effectiveness and authority, the representative of Brazil said. The present membership of the United Nations was not properly reflected in the composition of the Council.
Also this morning, Committee Chairman Tyge Lehmann (Denmark) introduced draft resolutions on the draft articles on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier and of the draft protocols thereto; the review of the procedure provided for under Article 11 of the Administrative Tribunal of the United Nations; the report of the United Nations Commission on International Trade Law (UNCITRAL) on the work of its twenty-eighth session and another UNCITRAL draft on the United Nations Convention on Independent Guarantees and Stand-by Letters of Credit.
The draft on the diplomatic courier and diplomatic bag (document A/C.6/50/L.2), introduced by the Chairman, would have the Assembly decide to bring the draft articles on that subject developed by the International Law Commission to the attention of Member States, together with observations made during debate in the Sixth Committee.
The Chairman's draft on the Article 11 Procedure (document A/C.6/50/L.3) would have the Assembly decide to delete Article 11 and to continue to apply any judgements made by the Tribunal prior to 1 January 1996.
A 39-Power draft on the work of the UNCITRAL (document A/C.6/50/L.4) would have the Assembly commend the Commission for its work on the draft Model Law on Legal Aspects of Electronic Data Interchange and Related Means of Communications and welcome its decision to commence work on the subjects of receivables financing and cross-border insolvency.
The Assembly would reaffirm the mandate of the Commission, particularly as regards training and technical assistance for developing countries, and would express support for the Commission's sponsorship of seminars and symposia. The Assembly would appeal to governments to contribute to the Trust Fund for Travel Assistance to Developing Countries that are members of the Commission. And it would decide to continue its consideration of granting travel assistance, within existing resources, to least developed countries which are members of the Commission.
The Assembly would request the Secretary-General to ensure that adequate resources were allocated for the programme of the Commission and urge States to sign, ratify or accede to conventions emanating from the work of the UNCITRAL.
A 23-Power draft resolution would have the Assembly adopt the United Nations draft convention on independent guarantees and stand-by letters of credit (document A/C.6/50/L.5) and open it for signature or accession. The text of the draft convention is contained in an annex to the draft.
The Sixth Committee will meet again at 3 p.m. tomorrow, 8 November, to continue analyzing the Charter Committee Report.
Statements
JAROSLAV HORAK (Czech Republic) said that no simple solutions were available in the matter of assistance to third States affected by the application of sanctions. The idea of establishing a trust fund to assist such countries should not be over-estimated. A number of problems could be dealt with effectively on a case-by-case basis, because the circumstances and particular problems of each affected third State were different and called for different approaches.
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In that connection, the procedures of the sanctions committees of the Security Council should be improved, he said. However, the Council must remain able to carry out its responsibilities in accordance with the Charter and to impose sanctions rapidly and effectively when the situation so warranted.
It would be useful to have better coordination of efforts to provide international assistance to third States affected by sanctions, he continued. Appropriate arrangements should be envisaged to improve the capacity of the United Nations to respond to the need to mitigate the adverse impact of sanctions on third States.
Regarding model rules for the conciliation of disputes between States, he said that the final version adopted by the Special Committee was a balanced text, which would present a useful guide to future practice.
He went on to say that "enemy State clauses" of the Charter had become obsolete and he hoped the recommendation of the Special Committee concerning their deletion would be adopted by consensus.
CHA JONG NAM (Democratic People's Republic of Korea) said that international peace and security could be ensured only when the principles of respect for sovereignty, territorial integrity, non-interference in internal affairs, impartiality and equality were strictly observed. The imposition of any forms of sanctions could never be a proper way to settle disputes.
His delegation advocated peaceful settlement of all disputes and considered it a self-contradiction that the Security Council imposed sanctions in the name of the United Nations, inflicting suffering and misfortunes upon innocent people. The United Nations should bear the whole responsibility resulting from such actions.
In strengthening the role of the United Nations, it was very important to reform the Security Council, he continued. Legal matters should be settled by the Special Committee on the Charter. Since the developing countries made up the majority in the United Nations, the membership of the Security Council should be enlarged. Also, transparency and democracy should be ensured in the work of the Council, and its mandate curtailed.
He went on to say that the veto power of the permanent members of the Council posed an obstacle to the democratization of the Organization and should be eliminated. In the meantime, proposals to limit or diminish the scope and use of the veto should be given positive consideration.
JOAO CLEMENTE BAENA SOARES (Brazil) said the issue of the maintenance of international peace and security had become more urgent due to the increased application of sanctions under Chapter VII of the Charter and to the growing
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interdependence of States in the modern world. The idea of sharing the costs of a system of collective security, the principle of mutual assistance and the need to study specific techniques to help States affected by sanctions should be seriously addressed.
The application of sanctions was an exceptional mechanism used where diplomatic channels had not led to satisfactory solutions, he said. It was necessary to analyze and improve the sanctions regimes, and Brazil had gladly accepted the invitation to chair the Subgroup on the Question of United Nations-imposed Sanctions. It was necessary to devise a mechanism to identify criteria for assessing special economic problems resulting from preventive or enforcement measures taken by the Security Council. Such a mechanism could be financed by the opening of special windows of credit by international financial institutions.
He went on to say that changes in the international environment had caused the Council to speed up its decision-making process on increasingly complex issues. The present membership of the United Nations was not properly reflected in the composition of the Council. A more representative and balanced composition would enhance its effectiveness and authority.
Model rules for the conciliation of disputes represented a useful addition to existing arrangements for the peaceful settlement of disputes between States, he said. The elimination of the "enemy State" clauses should not be dealt with in isolation. Such an amendment should be viewed as an integral part of the broader process of reforms to the Charter being examined by the General Assembly.
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