IMPACT OF ECONOMIC SANCTIONS ON THIRD STATES MUST BE ASSESSED THROUGH AGREED METHODOLOGY, SIXTH COMMITTEE TOLD

Press Release
GA/L/3002

IMPACT OF ECONOMIC SANCTIONS ON THIRD STATES MUST BE ASSESSED THROUGH AGREED METHODOLOGY, SIXTH COMMITTEE TOLD

The expertise of the United Nations system must be used to develop a common methodology for assessing the adverse impact of sanctions on third States, the representative of Bulgaria said this afternoon, as the Sixth Committee (Legal) began its consideration of the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization.

Stressing that the effects of sanctions imposed by the Security Council on third States lasted long after they were lifted, Bulgaria was among those calling for measures to address those unintended effects. The representative of Algeria cited the problems for third States in perfectly defining their difficulties, while France said development of such an adequate methodology was hampered by inadequate sources of statistical information.

Speaking on behalf of the European Union and associated States, the representative of Ireland said that sanctions regimes remained the primary enforcement measure available under the Charter, and that their overall effectiveness must be preserved. He stressed that the exercise by the Security Council of its powers under Chapter VII was fundamental to the maintenance of international peace and security.

Addressing concerns about delays in publication of the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council, United Nations Legal Counsel Hans Corell said that, without additional resources, such backlogs could not be given priority attention. There were limits on what could be achieved with reduced staff and funds, he said.

Maria del Lujan Flores (Uruguay), Chairman of the Special Committee on the Charter, introduced that body's report. Statements were also made by the representatives of Portugal, Tunisia, Sudan, Russian Federation, Lesotho and Romania.

The Sixth Committee will meet again at 10 a.m. tomorrow, 27 September, to continue its consideration of the Special Committee's report.

Committee Work Programme

The Sixth Committee (Legal) met this afternoon to consider the work of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization. It had before it the report of the Special Committee on its 1996 session (document A/51/33), as well as a report of the Secretary-General on the implementation of Charter provisions concerning assistance to third States affected by the application of sanctions (document A/51/317).

In the report of the Special Committee, that body invites the General Assembly, at its current session, to consider the question of and appropriate organizational framework for addressing further the implementation of the provisions of the Charter on assistance to third States affected by sanctions imposed under Chapter VII of the Charter. The Committee also invited the Assembly to ask the Secretary-General to expedite the preparation and publication of supplements to the United Nations Repertory of Practice of the United Nations Organs and the Repertoire of the Practice of the Security Council, and submit a progress report on the matter prior to its 1997 session.

During the Special Committee's discussion on the effect of sanctions, it was suggested that the costs of the international community collective actions should be shared equitably by all Member States, and a permanent mechanism, such as a trust fund, be established to allow third States a source of remedies to their problems. Others expressed the view that the notion of a right to compensation for third States affected by sanctions was inappropriate and that establishment of a new permanent mechanism would not represent a viable solution to their problems.

A working paper on the issue of sanctions, submitted by the Russian Federation, stressed that sanctions must be a part of a long-term search for the political settlement of a conflict, and reflect the international community's strategic objectives rather than those of only a few members. Furthermore, it should take into account the political and physical price of such actions.

In addition, the Special Committee considered a revised proposal by Libya which called on the Committee to consider means of strengthening the General Assembly's role in realizing international cooperation in maintaining peace and security, enhancing the relationship between the Assembly and the Security Council and developing criteria to make the Council's composition reflect equitable geographical distribution. The Committee also considered the revised working paper submitted by Cuba at its 1995 session, which concerned strengthening the role of the Organization and enhancing its effectiveness.

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In matters relating to peaceful settlement of disputes between States, the Special Committee considered a proposal by Sierra Leone on establishing a dispute-settlement service for use at an early stage of a dispute. While some considered it to be an appropriate mechanism, others expressed concern that the offer of such services might label a situation as a potential or actual dispute, thereby creating an adversarial relationship.

The Secretary-General, in his report on assistance to third States affected by sanctions, says the Department of Political Affairs, in consultation with the Department for Economic and Social Information and Policy Analysis, would be responsible for collating, assessing and analysing information on the effects of sanctions on third States. It would also be responsible for providing advice and options, so appropriate adjustments might be made. The Department of Economic and Social Information and Policy Analysis, in consultation with the Department for Policy Coordination and Sustainable Development, would collate and coordinate information about international assistance available to third States.

The Secretary-General also proposes the establishment of a set of guidelines on procedures for providing better information and early assessments for the Security Council and its organs about the actual or potential effects of sanctions on third States which invoke Article 50 of the Charter. Article 50 states: "If preventive or enforcement measures against any State are taken by the Security Council, any other State, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures, shall have the right to consult the Security Council with regard to a solution of those problems."

The report states that there is no uniform method for identifying and assessing the special economic problems of non-target States affected by mandatory sanctions. It has, therefore, been proposed to develop a common methodology that could be used by affected States in preparing explanatory material for their requests for assistance. Since the scope and third-party effects of sanctions differ from case to case, a resolution-specific framework is recommended.

The report states that the Administrative Committee on Coordination (ACC), under the leadership of the Secretary-General, should continue to be the channel for the coordination of information on economic and other assistance available to third States invoking Article 50.

Statements

HANS CORELL, United Nations Legal Counsel, drew attention to delays and backlogs in production of the repertories. He said that without additional resources they could not be given priority. Those delays and backlogs were

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linked to the rapid growth of agenda items before the General Assembly. There were limits on what could be achieved with reduced staff and funds. Nine months would be needed to correct the backlog, with the cooperation of other dependents. Computerization and the creation of a data bank were important in facilitating work on the Repertory.

FRANCIS MAHON HAYES (Ireland), speaking on behalf of the European Union and Bulgaria, Czech Republic, Hungary, Lithuania, Malta, Romania, Slovenia, Slovak Republic, Liechtenstein, Norway and Iceland, said the exercise by the Security Council of its powers under Chapter VII was fundamental to the maintenance of international peace and security. Therefore, the overall effectiveness of sanctions regimes, as the primary enforcement measure available under the Charter, must be preserved.

The European Union had provided substantial economic and humanitarian assistance to States affected by sanctions regimes, he said. In particular, since 1993 it had assisted economies which were hard hit by measures taken in response to the situation in the former Yugoslavia. During the past 12 months, total assistance for transports infrastructure in the Balkans had nearly doubled, from 83.5 million European Currency Unit (ECU) to 153.9 million ECU.

Only additional resources would ensure timely production of the Repertory of Practice of United Nations Organs, he said. Publication of the Repertoire of the Practice of the Security Council had also been difficult. Both were of the utmost importance; their availability in the official languages of the United Nations was essential for the efficient conduct of the work of the United Nations and to facilitate the general public's understanding of the Organization.

MARIA DEL LUJAN FLORES (Uruguay), Chairman of the Special Committee on the Charter, introduced that body's report.

PAULA ESCARAMEIA (Portugal) said it was premature to suggest the abolition of the Trusteeship Council, because its functions could not be said to be completely finished. She said greater coordination was essential, so the Charter Committee might fulfil its dual function as a forum for new proposals and for information in the legal sphere. Her delegation would participate with interest in the debate on Sierra Leone's proposal on establishment of a dispute-settlement service.

SAMIA LADGHAM (Tunisia) said the task of preparing a uniform methodology to pinpoint sanction-related problems faced by third States had not been accomplished. The matter had already been studied by the Secretariat for three years with no results. "Rather than lecturing us on economics, it should have been more productive in giving us a state of progress in that matter", she said.

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The Trusteeship Council was a principal organ of the United Nations with an historical mission, she said. It had already accomplished many tasks, but its new role must be determined. The Charter Committee had an important role to play, but unless it made its priorities very clear, its very survival was at stake.

OMER DAHAB (Sudan) expressed appreciation for the report of the Special Committee. He said reform of the Organization must aim at avoiding a duplication. Since the implementation of sanctions had grave consequences for the State on which they were imposed and on third States as well, it was hoped that issue would continue to receive the time and respect it deserved.

GEORGUI DIMITROV (Bulgaria) said his country had been one of those most seriously affected by economic losses owing to the strict implementation of international sanctions, particularly with respect to the Federal Republic of Yugoslavia. Those problems remained even after the lifting of sanctions. Although his Government supported the General Assembly resolution on the matter, a mechanism for its practical implementation needed to be developed and put into practice.

The establishment of a forum for consultation between affected third countries and the donor community should be encouraged, he said. Bulgaria supported the idea of using the expertise of the United Nations system to develop a common methodology for assessing the adverse impact of sanctions on third States.

ILYA I. ROGACHEV (Russian Federation) called for prompt publication of the Repertory, citing its value to organs of the United Nations, as well as to governments and universities. Citing Charter provisions on assistance to third States affected by sanctions, he stressed the need for a uniform methodology to identify and assess their special economic problems. With respect to the Trusteeship Council, he called for maintenance of the status quo.

HUBERT LEGAL (France) said it was essential for the Secretariat to have one focal point for its work on the effect of sanctions on third States. Coordination between the pertinent departments and financial institutions was also very important. It was important to avoid overlapping of work, inefficiency, and the drying up of financial resources.

A precise methodology to measure the damage to third States was essential in order to provide them with the correct compensation, he said. However, the development of such a methodology was hampered by inadequate sources of statistic information. The report of the Special Committee was more an analysis of the existing obstacles than a methodology for assessing the damage to third States. It was hoped the Secretary-General would continue to consult with experts on the issue.

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PHAKISO MOCHOCHOKO (Lesotho) said the Charter Committee remained the most appropriate forum for considering various legal aspects of the reform of the United Nations. On the question of economic sanctions, he said it was inevitable that, in some cases, third States would be adversely affected together with the target State. That problem must be addressed in practical terms. Coordination among departments of the Secretariat would lead to effective solutions.

DUMITRU MAZILU (Romania) said the Special Committee could contribute to discussions on reform of the United Nations by providing legal advice with respect to amending the Charter. The Special Committee should consider proposals on enhancing the role of the International Court of Justice. The Committee's Chairman should also conduct consultations with the chairmen of such forums as the Working Group on an Agenda for Peace.

NOUR-EDDINE SIDI ABED (Algeria) said that for third States affected by sanctions, it was not easy to come up with a perfect definition of their difficulties. It was not necessary for the Special Committee to produce any additional texts on the peaceful settlement of disputes, as there were already enough reports on that matter.

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