GA/L/3005

MEMBER STATES MUST SHARE RESPONSIBILITY FOR ECONOMIC EFFECTS OF SANCTIONS ON THIRD STATES, SIXTH COMMITTEE TOLD

30 September 1996


Press Release
GA/L/3005


MEMBER STATES MUST SHARE RESPONSIBILITY FOR ECONOMIC EFFECTS OF SANCTIONS ON THIRD STATES, SIXTH COMMITTEE TOLD

19960930 Speakers Call for Formal Funding Mechanism To Meet Needs of Affected States

A permanent mechanism with adequate financial resources was needed to address the problems confronting third States affected by Security Council sanctions, the representative of India said this afternoon, as the Sixth Committee (Legal) concluded consideration of the report of the Special Committee on the Charter of United Nations and on the Strengthening of the role of the Organization.

Stressing the importance of such a mechanism, he said it should be created within the United Nations system and funded by assessed contributions. The representative of Cameroon said the cost of sanctions must be shared by all Member States, while Jordan cited the need to explore all means of providing assistance.

The representative of Swaziland stressed the importance of extreme flexibility in addressing the economic problems of third States, while Cuba said it was the responsibility of the Security Council to find a solution for their economic difficulties.

Statements were also made by the representatives of Pakistan, Iraq, the United Kingdom, Belarus, Morocco, Israel, Viet Nam, Argentina, Uganda, the Democratic People's Republic of Korea, Germany, Malta, the United Republic of Tanzania and Nigeria.

The Sixth Committee will meet again at 3 p.m. tomorrow, 1 October, to continue its consideration on the reform of the internal justice system of the United Nations Secretariat. It is also expected to begin considering the progressive development of international law relating to the new international economic order.

Committee Work Programme

The Sixth Committee (Legal) met this afternoon to conclude 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.

ABDUL RAZZAK A. THAHIM (Pakistan) stressed the need for transparent consultations in the Security Council. The non-permanent membership of the Council should be increased to reflect the substantial enlargement of the United Nations membership. However, any expansion in the permanent category would only serve to accommodate the interests of a few countries. Centres of power and privilege should be eliminated within the world body, as they were anachronistic and undemocratic.

The Council needed to consult countries that were likely to be affected by its decisions, he said. Council members must be fully conversant with the concerns of the majority of States who were not represented in their meetings. Information on publication of the Repertory of Practice of United Nations Organs and the Repertoire of the Practices of the Security Council should be made available to Member States on a regular basis. Such information might be made available through the United Nations home page on the Internet.

SAMIR K.K. AL-NIMA (Iraq) said the report of the Charter Committee merited further study. While a working paper by the Russian Federation on the application of sanctions contained many positive elements, it did not include a method of ensuring that sanctions were in accordance with the Charter and not used to further selfish or political ends. He saw no value in creating a dispute-settlement service, as proposed by Sierra Leone, since forums for that purpose already existed.

CARIDAD YAMIRA CUETO MILIAN (Cuba) said the countries affected by sanctions expected an integral approach to their problem. Work towards that goal had just begun. It was up to the Security Council to find a solution for the economic problems of third States. That responsibility should not be transferred to other bodies. An analysis of the criteria for the lifting of sanctions, as well as their humanitarian limits, was essential. The Committee on the Charter could play an important role in providing technical counsel to States.

There was no urgent reason in favour of doing away with the Trusteeship Council, she said. The passive existence of the Council had no effect on the financial crisis of the Organization. Everyone knew the reasons for the Organization's crisis. Replacing the Council with a new organ having a different mandate should not be encouraged until there was greater clarity on the matter.

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WALID OBEIDAT (Jordan) said the number of third States affected by the imposition of sanctions continued to increase. The Secretary-General's report represented a step forward towards resolving the matters. Third States affected by sanctions must have a part in the decision-making process. All means of granting assistance to them must be explored with all nations sharing the burden. The Security Council had a particular responsibility in that matter. A working group should be established to consider the Secretary- General's report.

PRAKASH SHAH (India) said the Secretary-General's report on the effect of sanctions on third States was a mixed bag of administrative proposals. Its attempt to conceptualize a methodology for impact assessment was not internally consistent. A permanent mechanism with adequate financial resources should be established to address the problems confronting affected States. It should be within the United Nations, so that it could be pressed into action automatically if necessary, and funded by assessed contributions. Voluntary contributions should also be welcomed as a purely supplementary source of funding. He added that the role of the Trusteeship Council should be approached in a manner that took account of the view of all States.

JILL M. BARRETT (United Kingdom) said the agenda of the Special Committee was thin and had little purpose. It should consider biennial meetings or reducing the length of its session. The United Kingdom valued the two repertories and had offered to consult with the Legal Counsel on ways of ensuring their continued publication.

SYARGEI SYARGEEU (Belarus) said the number of States suffering from the impact of sanctions was growing every year. The Sixth Committee must take action to address the problem without weakening the sanctions system itself. Belarus supported the proposal by the Russian Federation, which proposed humanitarian limits on sanctions. While the Security Council needed to act quickly in an emergency situation, a consultation mechanism on sanctions could play a preventive role. A single methodology for assessing damages caused by sanctions must be implemented.

With respect to the Trusteeship Council, he said assigning it a role as trustee of the common heritage of mankind would overlap with the work of other United Nations bodies.

PASCALINE BOUM (Cameroon) said the Special Committee's agenda could have been more ambitious. However, its work should not be maintained artificially.

Contributions to third States affected by sanctions had, in the past, depended largely on the political will of Member States, she said. Those States were now claiming their just right to compensation. The cost of sanctions should be shared by all Member States. A permanent mechanism was

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needed to address the complex difficulties facing third States. She added that the dispute-settlement service proposed by Sierra Leone must be explored in the interest of the peaceful resolution of disputes.

ABDELOUAHAB BELLOUKI (Morocco) said the international community should demonstrate solidarity in helping third States affected by sanctions. It was a source of satisfaction that the Secretariat was submitting additional information on each particular case of third countries affected by sanctions so it could better evaluate their effects and find better solutions. Consultations between third States, donors and the Security Council should be encouraged.

He said Morocco supported Libya's proposal on strengthening the United Nations while maintaining the balance between its organs. The Special Committee should produce texts that strengthened its credibility and enriched its work.

YAEL RONEN (Israel) said a mechanism to prevent and settle crises and conflicts, as proposed by the Russian Federation, must allow for flexibility, since no two were identical. Although the fundamental principle governing the work of the United Nations was the sovereign equality of all members, that principle had not been honoured. Israel had been excluded from participation in regional groups, she said.

NGUYEN DUY CHIEN (Viet Nam) said the Special Committee could greatly contribute to the ongoing process of restructuring the United Nations. It could also cooperate in ensuring the enhanced role of the General Assembly, as the most representative body of the United Nations, as well as in enlarging the Security Council. In that process, due attention must be given to the developing countries, in accordance with the principle of sovereign equality of all Member States.

SILVIA A. FERNANDEZ DE GURMENDI (Argentina) said the Special Committee should be eliminated or drastically revitalized. Greater attention should be given to its agenda, to avoid irrelevant questions and issues.

JULIET SEMAMBO KALEMA (Uganda) said the reform of the Security Council should aim at greater transparency. The Council must engage in democratic decision-making and be truly representative in its position, reflecting the increased membership of the United Nations. Her Government supported the establishment of a special mechanism, such as a trust fund, to help third States affected by the imposition of sanctions.

The Trusteeship Council should not be given a new mandate, because that might duplicate activities being carried out by other bodies, she said. Since no costs were being incurred in respect of the Trusteeship Council, it might be wise to avoid any drastic decision until careful consideration could be given to the matter. Serious attention should be given to overcoming the Secretariat's budgetary constraints, so the two repertories might be promptly published, she added.

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MELUSIE M. MASUKU (Swaziland) said the special economic problems of third States affected by sanctions were becoming more and more serious in an increasingly interdepedent world. Great flexibility was needed in responding to specific conditions of Sierra Leone's proposal on formation of a dispute- settlement service was commendable but needed careful consideration as to its practicability. The two repertories embodied valuable institutional memory. They were of interest, not only for Member States and the Secretariat, but for all those interested in research on the United Nations.

RI TONG IL (Democratic Peoples' Republic of Korea) said the power of the General Assembly needed to be increased since it represented all Member States equally. It should have power in issues relating to international peace and security. There had been a dramatic increase in the United Nations membership, especially among developing countries. That change must be reflected in the Security Council, where developing countries should be given permanent seats. However, countries such as Japan should not be given a permanent seat because of its past actions.

ROLF WELBERTS (Germany) said it was premature to consider abolishing the Charter Committee, since it was the only remaining body for discussion of issues relating to the Charter. However, members should refrain from "issue- hunting". A trim and fit Charter Committee was more useful than a bloated one.

He added that the Secretariat should give the Repertory the necessary attention and consider innovative means for updating it.

VICTOR PACE (Malta) said abolition of the Trusteeship Council could have an impact on the institutional balance of the United Nations. On the other hand, changing its mandate could cause duplication of work. For the moment, further reflection on its future was preferable to immediate action.

LEAH P. SEMGURUKA (United Republic of Tanzania) said the proposal to establish a permanent mechanism for third States affected by sanctions deserved further consideration. The efforts to consult those countries which had been affected by sanctions were commendable. Prior consultations with third States should be handled with caution, since they could undermine the effects of sanctions on the intended country. The proposal by the Russian Federation also deserved further consideration, particularly with respect to the human aspect of sanctions. The Charter Committee still had a role to play and should continue to meet annually.

ROSEMARY N. EKEMEZIE (Nigeria) said the current situation with respect to third States affected by sanctions was inadequate. A more permanent organism was needed to deal with the matter. The aim of sanctions was to modify the bahaviour of the targeted countries.

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For information media. Not an official record.