LEGAL COMMITTEE IS TOLD SPECIAL COMMITTEE ON CHARTER CONCENTRATES ON ISSUES OF MARGINAL IMPACT
Press Release
GA/L/2887
LEGAL COMMITTEE IS TOLD SPECIAL COMMITTEE ON CHARTER CONCENTRATES ON ISSUES OF MARGINAL IMPACT
19951110 The Special Committee on the Charter and the Strengthening of the Organization did not discharge the mandate given it by the General Assembly in the way expected, the Sixth Committee was told this morning as it continued its consideration of the Special Committee's report.The representative of Algeria said that while the Special Committee was called upon to play an important role in the strengthening of the United Nations and in maintaining international peace and security, it concentrated on peripheral issues of marginal impact.
Also speaking about the role of the Special Committee, the representative of Cameroon said the work of the Special Committee overlapped the agendas of several ad hoc groups established by the General Assembly. Canada noted that debate on assistance to third States affected by sanctions under Chapter VII was taking place in both the Security Council and in the General Assembly Working Group on the Supplement to the Agenda for Peace. Such duplication within the United Nations system was unproductive and inefficient, he said.
Regarding the topic of assistance to third States affected by the implementation of sanctions, several speakers approved the initiative to set up a working group to discuss the question of application of the Charter on that matter. Bulgaria said the Committee should speed up the process of elaboration of a mechanism to assist countries confronted with special economic problems as a result of sanctions. That question of assistance to third States affected by sanctions was of vital importance to his country because Bulgaria was one of the countries suffering most as a result of the implementation of sanctions against Iraq, Libya and the Federal Republic of Yugoslavia (Serbia and Montenegro).
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The United Republic of Tanzania said the Security Council could no longer be accepted as an exclusive club of the few. The existing power of veto also should be abolished. The reform of the Security Council also should involve the increase in non-permanent membership. Libya, too, urged that the veto power be abolished.
Also speaking this morning were representatives of Jordan, Turkey, Viet Nam, Swaziland, Republic of Korea and Iran.
The Committee will continue consideration of the report of the Special Committee, when it resumes its work at 10 a.m. Monday, 13 November.
Committee Work Programme
The Sixth Committee (Legal) met this morning to continue consideration of the report of the Special Committee on the Charter, containing recommendations concerning: assistance to third States affected by the implementation of sanctions; the Model Rules for the Conciliation of Disputes between States; and the deletion of the "enemy State" clause from the Charter. The proposals also included the questions of the membership of the Security Council and of making the Special Committee an open-ended body. (For background information, see press release GA/L/2882 of 6 November.)
Statements Made
WALID OBEIDAT (Jordan) said the Security Council was competent to take necessary measures for maintenance of international peace and security, including the imposition of economic sanctions. Because of the growing interdependence of the world, however, the imposition of economic sanctions could expose third countries to economic difficulties. Affected States had a right to consult the Council. Concerted actions and cooperation between States were needed to overcome the consequences of the implementation of sanctions.
The suffering of third States should be viewed from two bases: the invoking of Chapter VII of the Charter and of the reconstruction of the United Nations which included the change of membership of the Security Council and the increased transparency of its work. The Economic and Social Council and the General Assembly also had a role in mitigating the effects on third countries under provisions of the Charter.
He supported the proposal to establish a mechanism to mitigate the effects of sanctions on third States. That mechanism should provide several solutions, and include a trust fund. Certain precautionary and preventive measures were needed. He also supported the establishment of guidelines in considering requests for assistance.
The Secretary-General's report included the nucleus of a radical solution to the problem, which needed to be developed, he said. Positions of all States should be taken into consideration. They should be elaborated and built upon.
Model Rules for the Conciliation of Disputes between States were needed for peaceful settlement of disputes. And he supported making the Special Committee an open-ended body.
SIDI ABED (Algeria) said the daunting challenge of the new world order required a new look at the work of the Special Committee and its impact on the
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subjects before it. That Committee did not discharge the mandate given to it by the General Assembly in the expected way. While it was called upon to play an important role in the strengthening of the United Nations, it concentrated on peripheral issues of marginal impact.
Despite the renewed interest in the Special Committee's work shown by participation of a growing number of States as observers, serious thought should be given to its future, he said. It should concentrate on the questions of maintaining international peace and security and strengthening of the Organization, he went on to say. It should not be overloaded with texts on peaceful settlement of disputes. Various treaties and conventions had already been elaborated on that issue.
The decision of the Special Committee to set up a working group to discuss assistance to third States affected by sanctions, was a good initiative, but not much progress had been made. It was clear that results could only be modest, since the international community would need to demonstrate considerable political will to implement the proposals.
On deletion of the term "enemy state", he reaffirmed his Government's view that it was obsolete and its deletion would strengthen the text of the Charter. That issue was not a minor technical question but one of great importance.
Article 109 on convening a review conference on the Charter set out a correct procedure, he said. A comprehensive approach was needed on the reform of the Security Council, in which the Special Committee should take part.
YESIM BAYKAL (Turkey) said United Nations sanctions were an effective measure to be taken against violators of international law, but there were serious shortcomings in the sanctions system which needed to be addressed. The provisions of the Charter, including Article 50, did not entail any mechanism or foresee the establishment of guidelines on consulting the Security Council on economic problems arising from sanctions. But the Charter had spoken very clearly about the right of Member States to consult with the Council on the resolution of their problems.
Taking into account the obligation of the Council to take relevant measures under Article 50, it was necessary to establish permanent mechanisms for the effective implementation of that article, he continued. There was a direct relationship between the effects of sanctions and the proceedings of the Security Council and its sanctions committees. Transparency in the work
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of those bodies with regard to sanctions would help mitigate their adverse effects on third States. The Council should consider reviewing existing sanctions regimes in public meetings with open debate. The sanctions committees should also carry out deliberations in public meetings or at least inform non-members of the Council through the circulation of detailed reports.
As to the impact of sanctions on third States, he said that temporary solutions such as assistance from financial institutions would not solve the problems. A permanent mechanism was needed, to which States could legally apply for damages they suffered and from which they could expect constructive responses to their claims. Strengthening the Secretariat as regards sanctions and related issues would not be sufficient.
Turkey fully endorsed the deletion of "enemy States" from the Charter. His Government also endorsed the decision to bring the text of the United Nations Model Rules for the Conciliation of Disputes Between States to the attention of Member States.
NGO QUANG XUAN (Viet Nam) said that the role of the General Assembly should be broadly enhanced. The balance between the Assembly, the Security Council and the Secretary-General should reflect the realities of the world at large. The composition of the Council should be enlarged with due attention to the developing countries in accordance with the principle of equality between all Member States. Its working methods should reflect broad democracy and transparency.
The time was ripe for developing concrete and realistic measures to assist third States affected by the imposition of Security Council sanctions. Viet Nam thought it feasible that the Council and third States consult prior to the imposition of sanctions, that a comprehensive impact assessment of sanctions be undertaken, and that a consultation mechanism within the United Nations system be established. A solution to that problem should not be confined to the establishment of a focal point or improving procedures and working methods of sanctions committee.
Viet Nam appreciated the work accomplished on the United Nations Model Rules for the Conciliation of Disputes between States, as proposed by Guatemala.
MARTIN M. MASUKI (Swaziland) said that in light of the increasing economic interdependence in the world today, the question of the special economic problems of third States arising from sanctions implementation was becoming more and more serious. When sanctions were carried out, they should be formulated in such a way that they could be implemented swiftly,
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efficiently and effectively. He had doubts about the effectiveness of an independent trust fund and of special windows of credit to be extended by international financial institutions. The establishment of a mechanism within the Secretariat to evaluate the effects of sanctions before they were imposed could be one avenue that the Committee might explore in its deliberations.
He went on to say that although there had been an increase in the membership of the United Nations, the same had not been the case with the Security Council. As a result, the Council had been rendered unbalanced and inequitable.
Swaziland believed that the United Nations Model Rules for the Conciliation of Disputes Between States, proposed by Guatemala, would be in line with the Charter so long as they incorporated the concept of consent between States. States should be allowed the lattitude to appoint a single conciliator by agreement. That would serve the purposes of conciliation and would also be cost effective.
Swaziland supported the deletion of the "enemy States clauses" from the Charter, he said. Those had become anachronistic since all Member States of the Organization were contributing to international peace and security.
MARWA M. MATIKO (United Republic of Tanzania) said the mandate of the Special Committee empowered it to concentrate on the question relating to maintenance of peace and security, especially concerning assistance to third States affected by implementation. It was also asked to look into the questions of strengthening the United Nations role, pacific settlement of disputes between States, "enemy State" clauses and cooperation between the Organization and regional arrangements. Although those were important areas which deserved to be addressed individually, it was difficult to carry out any meaningful discussion outside of the general context of the reform of the entire Organization.
On the membership of the Committee, he said, it was a good idea to transform it into an open-ended body within the framework of the Sixth Committee, although such an option might tend to make the management of the Committee difficult.
He also called for the expansion of Security Council membership and associated himself with the views submitted by Cuba on behalf of the Non- Aligned Movement. The Council could no longer be accepted as an exclusive club of the few, he said. The power of veto should be abolished. At the moment, the reform of the Council should involve an increase in non-permanent membership.
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There were certain lacunae concerning provision of assistance to third States affected by sanctions, he continued. As sanctions were applied by the entire global community, the same community should collectively share the burden of sanctions as felt by third States. An amendment to Article 50 of the Charter on assistance to such States would be desirable. The assessment of economic problems experienced by a third State should continue to be made by the sanctions committee. He supported the establishment of a trust fund for the purpose of compensation, once the assessment had been completed.
On pacific settlement of disputes, he said prevention of conflicts, rather than restoration of peace, should be given due emphasis. He was pleased that the Model Rules for conciliation embodied elements of preventive diplomacy. He also favoured deletion of the "enemy States" clauses.
RAIDO RAICHEV (Bulgaria) said that assistance to third States affected by sanctions was of vital importance to his country, because Bulgaria was one of the countries suffering most as a result of the implementation of sanctions against Iraq, Libya and the Federal Republic of Yugoslavia (Serbia and Montenegro). The cumulative loss was commensurate with 25 per cent of his country's estimated gross domestic product (GDP) for 1995.
He supported the proposal for the development, as a first practical step, of guidelines concerning assistance to third States. He also agreed with the statement made by the Secretary-General that the cost involved in the application of sanctions "should be borne equitably by all Member States, and not exclusively by the few who had the misfortune to be neighbours or major economic partners of the target country."
The Committee should speed up the process of establishing a mechanism for assisting countries confronted with special economic problems arising from sanctions, he said. Also, a mechanism for consultations with the Security Council by countries most likely to be affected by sanctions deserved immediate consideration.
A number of remedial measures could be further drawn up, he continued, including preliminary assessment of sanctions or a preliminary feasibility study, estimating the cost-effectiveness in terms of burden-sharing, regimes and criteria for suspension of sanctions. The countries that carried the burden of sanctions should be able to rely on specific resources for easing the negative impact on their economies. Involvement of international financial institutions was of great importance.
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Other measures of assistance could include technical cooperation, provision of alternative sources of supply and markets, specific commodity purchase agreements, compensatory adjustments of international tariffs and assistance in the promotion of investments. All sanctions should have clearly defined objectives and should be lifted, once those objectives had been met.
MOHAMED S. MATRI (Libya) said the end of the cold war had brought about increased awareness of the inter-linked and common problems of concern to all countries. It was essential that the United Nations be revitalized and restructured to keep abreast of world developments and to continue to contribute to international peace and security. That was particularly important as regards the Security Council's working methods and relations with the General Assembly.
Libya believed that consideration should be given to enhancing the Security Council's role by ending the rule of unanimity of its permanent members which had been a stumbling block to its performance. The Council should be expanded to reflect the large increase in United Nations membership, taking into account equitable geographic distribution among different continents. Consideration should be given to possibly abrogating that veto power and its limiting or halting in the determination of non-procedural questions. Libya was concerned that the Security Council maintained double standards in the adoption of its resolutions.
The General Assembly should play an active role in the maintenance of international peace and security, he continued. A better balance should be sought between the main bodies of the United Nations which should better coordinate their relations. As the General Assembly was the international forum for deliberation and preparation of resolutions on international questions, its practical role in the maintenance of international peace and security should be enhanced. The General Assembly should be used to formulate guidelines for the use of force and for consultation with the Security Council before the imposition of sanctions and their implementation in the name of the United Nations.
The role of regional organizations in the maintenance of international peace and security should be enhanced, he said. The methods to be employed by those organizations should guarantee the sovereignty of States and non- interference in their internal affairs. Implementation of the Special Committee's text of the Declaration on the Enhancement of Cooperation between the United Nations and Regional Organizations or Agencies in the Field of
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Maintaining International Peace and Security, adopted by the General Assembly in its resolution 49/57 would strengthen the role of the Organization in preventive diplomacy and in enhancing regional cooperation.
HAN TAEK IM (Republic of Korea) said that with the growing consequences of economic sanctions on third States in an increasingly interdependent world, it was essential to either enhance the current consultation mechanism or create a more effective one so as to give affected States more opportunity to present their cases. As there had been a wide range of views in the Special Committee on procedures for assisting third States further consideration was clearly needed to resolve that problem.
Regarding the United Nations Model Rules for the Conciliation of Disputes between States, he said conciliation had been one of the most frequently applied and effective means for the peaceful settlement of disputes; the beauty of that method lay in its flexibility, a feature predicated on the freedom of disputing parties to tailor their needs to specific cases.
As to the dispute settlement service proposed by Sierra Leone, the Republic of Korea embraced the spirit of the proposal and welcomed progress made in its consideration by the Special Committee. Establishment of a new means of dispute settlement on a permanent basis within the United Nations framework could be instrumental in strengthening the Organization's role in peaceably resolving disputes.
He went on to say the decision to open up the Charter Committee to all Member States would provide the opportunity to revitalize its activities on a more democratic, universal basis. The participation of all Member States and a more transparent working method would provide a new dimension to the Special Committee's role in improving the Organization's effectiveness by adapting the Charter to new international realities.
HOSSEIN ENAYAT (Iran) said that in recent years the Security Council had repeatedly employed economic sanctions as an enforcement measure. The detrimental effects of such sanctions were often felt not only by the targeted country but also by third States for whom a set of measures should be worked out to protect them. Iran shared the views of those members which maintained that recent practice had made clear that economic sanctions could not solve international disputes and should not be envisaged as a means for obtaining political goals.
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The United Nations Model Rules for the Conciliation of Disputes between States could provide a comprehensive framework for preventive diplomacy. Those rules should remain optional and subject to the consent of all parties to a conflict at every stage of the peaceful settlement of disputes. Conciliation was a diplomatic method; therefore it should be considered a political, not legal modality of dispute settlement.
The "enemy States" clauses of the Charter were obsolete and of little relevance to the Organization; Iran endorsed their elimination. Iran believed the Charter Committee should be expanded to include all Member States of the Organization.
HOWARD STRAUSS (Canada) said that the Special Committee on the Charter should be opened up to all members of the Untied Nations, and should continue to operate on the basis of consensus.
On assistance to third States affected by Chapter VII sanctions, he said the debate on the topic made him somewhat uncomfortable. That topic was under discussion in the Security Council and in the General Assembly's Working Group on the Supplement to the Agenda for Peace. That kind of duplication within the United Nations system was unproductive and inefficient. The Special Committee should devote its time to other topics on which it might have more success.
PASCALINE BOUM (Cameroon) said the work of the Special Committee overlapped with the agendas of several ad hoc bodies of the General Assembly. Anyone seeking to streamline the work of the United Nations should consider eliminating the Special Committee.
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