SECURITY COUNCIL VETO POWER SHOULD BE REVIEWED, MEMBERSHIP EXPANDED, SPECIAL COMMITTEE ON CHARTER TOLD

23 February 1996

Press Release
L/2752

SECURITY COUNCIL VETO POWER SHOULD BE REVIEWED, MEMBERSHIP EXPANDED, SPECIAL COMMITTEE ON CHARTER TOLD

19960223 Recommendations Also Made on Alleviating Impact of Sanctions on Third States

The present veto power in the Security Council should be reviewed constructively and its membership expanded to accommodate new members, reflecting demographic, political and economic realities, the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization was told this morning.

Making that suggestion as the Committee considered the question of maintaining international peace and security, the representative of Indonesia said that such a move would make the Council more representative of the Organization's increased membership and assure greater transparency in decision-making. "It is our firm belief that the comity of nations should be based on equality, equity, transparency, in representation as well as in the process of decision-making", he said.

Since the field of the pacific settlement of disputes was rich in relevant declarations and international conventions, it would not be necessary for the Special Committee to again draft a text that would not contribute to the codification of international law, the representative of Algeria said. The Committee had been diverted from its original tasks and deprived of the means to cope with its work for political reasons, leading to meagre results.

Third States affected by sanctions should be provided with resources, including direct economic support to alleviate the negative impact of sanctions, the representative of Bulgaria said. A portion of future reconstruction projects in a target country should be set aside for interested third States. Also, access by third States to the supply operations of the United Nations for peace-keeping and humanitarian aid should be broadened.

The representative of India said the adoption of General Assembly Resolution 50/51 last year was the first step in resolving the problems encountered by third States. Stressing the need to work on the open-ended resolution, he said it should be enriched and enhanced.

The Special Committee will meet again on a date to announced.

Statements

RAIKO RAICHEV (Bulgaria) said the need for addressing in practical terms the question of assistance to third States affected by the implementation of sanctions was obvious and legitimate. Resolution 50/51 represented a positive development and its provisions on early consultation with the Security Council and on the role of the Secretariat in providing advice on mitigating the effects of the sanctions were especially important. Also important were the provisions on the role and activity of international financial institutions in providing assistance to third States.

The assistance to third States ought to include direct economic support, as well as alternative forms of non-financial support, he said. Countries bearing the burden of implementing sanctions should have specific resources available for alleviating their negative impact. The mechanism for practical implementation of Article 50 had to be further developed, so that States concerned would be in a position to apply for relief from damages suffered.

He supported the proposal for establishing a mechanism for consultations between the affected third States and the donor community, he said. That could be correlated with joint specific remedial measures, including the identification of funding sources. The proposal for meetings with the donor countries had also been spelled out in a joint document submitted by Bulgaria, Greece, The Republic of Moldova, Romania and Ukraine.

Alternative forms of assistance -- such as the set-aside programme on future reconstruction and development projects -- could be earmarked for interested affected countries, he said. Also, "doable programmes", under which technical and other project-oriented assistance on a priority basis would be provided to third States, and the promotion of foreign investments in third States could be considered.

The access of companies from third States to supply operations of the United Nations for peace-keeping and humanitarian assistance could also be considered, he said. Other ideas on alleviating the impact of sanctions on third States included the allocation of additional financial resources to carry out long-term transport infrastructure projects and assistance in the areas of telecommunications, energy, water supply and environment.

Moreover, economic sanctions should have clearly defined objectives and should be lifted once those objectives had been met, he said. Attention should also be given to third States that, after the lifting of sanctions, continued to experience problems as a result of losses suffered due to the sanctions.

ISSLAMET POERNOMO (Indonesia) said that the ongoing efforts to reform some United Nations structures and procedures were essential in strengthening

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multilateralism. "It is our firm belief that the comity of nations should be based on equality, equity, transparency, in representation as well as in the process of decision-making", he said. Hence, the United Nations and its organs should be reviewed and revitalized to adapt it to the evolving realities and make it play a more effective role in managing crises. The Security Council's size, composition and functioning should be addressed to make it more representative of the Organization's increased membership and to assure greater transparency in decision-making. It should be expanded to accommodate new members and reflect demographic factors, political realities and economic imperatives. The present veto powers should be subjected to a constructive review.

Referring to assistance to third States affected by United Nations sanctions, he said the issues that should be looked at included; the potential impact on the targeted country; the time-frame; objectives; humanitarian aspects; and other special provisions to reduce damage on third parties. More extensive use should be made of the provisions of Article 50 for consultations in seeking solutions to those problems. He welcomed the Council's efforts to increase the transparency of its sanctions committees and to facilitate closer working ties with affected third States in trying to find solutions to sanctions-caused economic problems.

He said the Secretary-General should ensure the efficiency of the Council and the sanctions committees in carrying out their mandates by arranging to collect and analyse the effects of sanctions on third States and inform the Council, advise it on the options available and explore various measures of extending help to affected third States. The General Assembly, the Economic and Social Council, the Committee for Programme and Coordination and the international community should mobilize and monitor economic help to minimize collateral damage suffered by third parties.

NOUR-EDDINE SIDI ABED (Algeria) said that the Special Committee had been diverted from its original work and the result of its work had become meagre. The Committee remained apart from the trend towards the revitalization of the organization. It had been deprived of the means to cope with its job for many political reasons. Some aspects of its agenda, especially those related to the maintenance of international peace and security were important issues.

On the peaceful settlement of disputes, he expressed doubts about the usefulness of preparing new texts that would be optional and had already been covered by relevant provisions of the Charter. Several declarations and international conventions had been made on the issue of the pacific settlement of disputes. Moreover, a handbook had been developed on the subject and it had proved to be useful. The Assembly, too, had adopted a similar text. Since the field of peaceful settlement of disputes was rich in relevant instruments, it was not necessary for the Special Committee to again draft a text that would not contribute much to the efforts to codify international law.

On the assistance to third States, he said he shared some of the positive notes of the European Union in relation to aspects of Article 50 of the Charter. The adoption of General Assembly resolution 50/51 was a positive development, but not necessarily "extremely positive" and it should not preclude the search for other solutions. There should be proper

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implementation of that resolution. He was ready to take part in constructive debate to cover the interests of everyone involved.

S. RAMA RAO (India) said although all the items on the agenda of the Special Committee were important, especially important was Article 50 and the matter of assistance to third States. India was appreciative that the question of assistance had been accorded importance by the Committee. Economic embargoes had, over the years, caused serious problems for many third States. However, due to the recent increase in imposition of sanctions by the Security Council the matter had acquired more urgency. The Charter of the United Nations had never intended that legitimate action by the Security Council should impact on third States. Therefore, the unintended impact of sanctions on third States ought to be mitigated.

He said it was necessary to develop adequate ways of implementing the provisions of Article 50. The Security Council should be the central authority with which the responsibility for alleviating the impact of sanctions on third States should rest. The Secretary-General had said that third States should not be left alone to bear the burden of sanctions and had emphasized that compensation to third States would be possible only if the richer States recognized them. In surveying the sources of financial assistance to third States, the Secretary-General's report had referred to a possible trust fund and international financial assistance.

The adoption of resolution 50/51 last year had been the first step towards finding a solution to the problems encountered by third States, he said. Therefore, it was incumbent to work further on that open-ended resolution. The potential of the resolution lay in its further enrichment and enhancement.

To emphasize only the effectiveness of sanctions and ignore assistance to third States was to look at Chapter VII partially, he said. The Charter had not provided for damage to non-target States without compensation. The Security Council, as the authority for implementing sanctions, should also be the chief authority for mitigating its affect on third States. A permanent mechanism for assistance to third States ought to be devised, he said.

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