EFFECTS OF SECURITY COUNCIL SANCTIONS IN THIRD STATES AS DISCUSSED BY SIXTH COMMITTEE

Press Release
GA/L/3003

EFFECTS OF SECURITY COUNCIL SANCTIONS IN THIRD STATES AS DISCUSSED BY SIXTH COMMITTEE

Sanctions should not be used as the chief tool for dispute settlement because they caused serious difficulties for third States, especially developing countries, the representative of China said this morning. He was addressing the Sixth Committee (Legal) as it continued 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.

The representative of Venezuela said the imposition of sanctions by the Security Council should remain an important instrument for the maintenance of international security, but not the only instrument. The representative of Turkey said impact assessment would be very helpful in identifying ways of assisting the affected third States, while Malawi said the Special Committee should elaborate an assistance mechanism, such as a trust fund, to address the problem.

Statements were also made by the representatives of Indonesia, Mexico, Czech Republic and Brazil.

The Sixth Committee will meet again at 10 a.m. on Monday, 30 September, to continue its review of the Special Committee's report and to begin its consideration of the reform of the internal system of justice in the United Nations Secretariat.

Committee Work Programme

The Sixth Committee (Legal) met this morning to continue its consideration of the report of the Special Committee on the Charter of the United Nations, including the question of Charter provisions relating to assistance to third States affected by the application of United Nations sanctions. (For background, see Press Release GA/L/3002 of 26 September.)

WANG XUEXIAN (China) said that progress had been made on the issues before the Charter Committee. Assistance to third States affected by the application of sanctions has been a priority of the Committee for four years. That reflected the fact that sanctions have impacted more and more countries on an increasing scale. The Secretary-General's report on the subject represented a positive step towards resolution of the matter.

Sanctions should not be used as a chief means for settling disputes because they caused serious difficulties for third States, especially developing countries, he said. The right of States with special economic problems to consult the Security Council for solutions must be ensured. With respect to the Reportory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council, he said they played an important role in enhancing the effectiveness and efficiency of the United Nations organs.

LINGGAWATY HAKIN (Indonesia) stressed the importance of reviewing the composition of the Security Council, since the last review had been three decades ago. There had been a tremendous increase in the United Nations membership, which must be taken under the principle of equitable representation and accommodating the needs of developing countries. Those countries represented the overwhelming majority of the United Nations membership. It was also important to consider political, economic and demographic realities, as well as the contributions by States to the maintenance of international peace and security.

Even though the Working Group on the reform and restructuring of the Security Council had done a great deal of work over the past three years, much remained to be accomplished, she said. The goals of transparency, legitimacy, accountability and efficiency by the Council in discharging its mandate needed to be ensured. Effectiveness and transparency in the work of its Sanctions Committees was also essential. It was important to facilitate the access to those bodies, particularly by States with special economic problems as a result of sanctions regimes.

VICTOR RODRIGUEZ CEDENO (Venezuela) said the imposition sanctions should remain an important means for the maintenance of international security; however, they should not be the only approach. The Security Council had a responsibility to address the effects of said sanctions on third States. However, other bodies of the United Nations should also participate in the

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mechanisms designed to mitigate these problems. He stressed the importance of a proposal by the Russian Federation on humanitarian limits with respect to the effect of sanctions on third States.

Regarding Sierra Leone's concept of a dispute-settlement service, he said such a service might be useful. However, any such mechanism for settling disputes could only operate with the consent of States. He added that all necessary steps should be taken to publish both United Nations repertories, despite the recent downsizing within the Organization.

SOCORRO FLORES LIERA (Mexico) said the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council were very valuable tools which greatly contributed to the preservation of the history of the Organization. They also facilitated the work of the Member States. "We recognize the financial difficulties of the Organization. However, we believe it is essential to bring them up to date." The Secretariat should continue publishing them without neglecting other programmes. On the Trusteeship Council, she saw no reason for it to be kept in its present form.

TREVOR P. CHIMIMBA (Malawi) said the Security Council had not had an opportunity to deal with the situation of third States affected by sanctions in a manner envisaged by Article 50 of the Charter until the 1970s. An appeal by the Council to Member States for technical, financial and material assistance had not received an adequate response.

"It is common knowledge that the assistance given to this country fell far below the losses that it incurred through its compliance with enforcement measures," he said. The Special Committee should elaborate a mechanism, such as a trust fund, to address the problem. Such a mechanism could be possible through some arrangement between the Security Council and the specialized agencies.

YESIM BAYKAL (Turkey) said current Charter provisions on the impact of sanctions on third States were not sufficient to address their suffering, but the Special Committee's work on the matter was a step forward. The Secretary- General's report provided a good starting point. Impact assessment would be particularly helpful in identifying practical ways of assisting affected States.

With regard to the Trusteeship Council, she said it continued to be an important body of the United Nations and should meet annually.

MARTIN SMEJKAL (Czech Republic) said his Government supported the proposal by Sierra Leone on establishing a dispute-settlement service. However, many points on that matter remained to be discussed. There was no urgency to decide the fate of the Trusteeship Council, as its existence had neither financial nor administrative effects. It was not realistic to create

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a new body today and entrust it with preserving the patrimony of mankind. There were already bodies within and outside the United Nations system which dealt with such matters.

ANTONIO DE AGUIAR PATRIOTA (Brazil) said the Committee had made valuable contributions regarding the effect of sanctions on third States. The Secretary-General's guidelines on relevant technical procedures deserved special attention. There must be a common methodology to assess the effects of sanctions on third States and their losses should reduced to a minimum. A permanent monitor on such effects of sanctions might also be established.

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