EFFORTS TO ADDRESS EFFECTS OF UN SANCTIONS ON THIRD STATES MUST UPHOLD PRIMARY RESPONSIBILITY OF SECURITY COUNCIL

27 January 1997

Press Release
L/2816

EFFORTS TO ADDRESS EFFECTS OF UN SANCTIONS ON THIRD STATES MUST UPHOLD PRIMARY RESPONSIBILITY OF SECURITY COUNCIL

19970127 Netherlands Tells Charter Committee; Programme of Work Adopted, Proposals by Russian Federation, Libya, Cuba, Sierra Leone to Be Discussed

Efforts to address the effects of United Nations sanctions on third States must preserve the overall effectiveness of sanctions regimes and uphold the primary responsibility of the Security Council for maintaining international peace and security, the representative of the Netherlands told the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization this afternoon.

Speaking for the European Union and associated States on the implementation of provisions of the United Nations Charter on assistance to sanctions-affected third States, the representative said the Committee should also consider measures to address the problems such States might face as a result of the implementation of sanctions. The definition of the methodology for assessing the consequences actually incurred by third States should also be considered.

Also this afternoon, the Committee adopted a plan of work for the current session, which is scheduled to end on Friday, 7 February. In addition to assistance to third States affected by sanctions -- under the agenda item on the maintenance of international peace and security -- the Committee will consider a proposal by the Russian Federation on a draft declaration on the basic principles and criteria for the work of United Nations peace-keeping missions and mechanisms for preventing and settling crises and conflicts. It will also examine separate proposals by Libya and Cuba on strengthening the role of the United Nations in, among others matters, maintaining international peace and security and enhancing its effectiveness.

Under the item on the peaceful settlement of disputes, the Committee will consider a proposal by Sierra Leone on the establishment of a dispute settlement service by which the Organization would offer or respond with its services in that area early in disputes.

In addition, the Committee will consider Portugal's proposal on an amendment to the General Assembly rules of procedures. It is also scheduled to discuss other items such as the role of the Trusteeship Council; identification of new subjects for its consideration; and coordination between the Special Committee and Assembly working groups on reforming the Organization.

The Committee will meet again at 10 a.m. tomorrow, 28 January, to continue discussing maintenance of international peace and security.

Committee Work Programme

The Special Committee met this afternoon to consider the questions mentioned in Assembly resolution 51/209, which asked it to consider proposals concerning the future role of the Trusteeship Council, the maintenance of international peace and security and the question of the peaceful settlement of disputes between States, including proposals on the establishment of a dispute-settlement service. The Committee was also asked to consider Assembly resolutions 50/51 and 51/208 on the implementation of the provisions of the United Nations Charter on assistance to third States affected by sanctions.

By the terms of resolution 51/208, the Assembly underlined the importance of consultations under Article 50 of the Charter of the United Nations, as early as possible, with third States confronted with special economic problems arising from the implementation of preventive or enforcement measures imposed by the Security Council under Chapter VII of the Charter. It also stressed the significance of early and regular assessments of the impact of the preventive and enforcement measures on third States. The Assembly invited the Council to consider establishing further mechanisms for consultations on how to solve those problems.

The text requested the Secretary-General to ensure that units in the Secretariat develop the capacity for providing better information and early assessments for the Council about actual or potential effects of sanctions on third States which invoke Article 50 of the Charter. The assessments should identify specific problems and needs of those States and suggest ways to alleviate them. The Secretary-General was asked to continue efforts to develop a methodology for assessing sanctions' adverse effects on third States, using the expertise available in the United Nations system and the international financial and trade institutions. The methodology, when approved, should be made available to States which may use it in preparing their applications under Article 50.

[Article 50 grants third States the right to hold consultations with the Council on how to solve the economic problems they faced as a result of sanctions imposed on other, targeted States.]

Committee on Charter - 3 - Press Release L/2816 218th Meeting (PM) 27 January 1997

Statement

HENDRIKUS VERWEIJ (Netherlands), speaking for the European Union and the Czech Republic, Cyprus, Hungary and Lithuania, said General Assembly resolutions 50/51 and 51/208 were positive developments that asked the Secretary-General to take further action to facilitate consultations between third States affected by United Nations sanctions and the Security Council. The European Union welcomed his efforts to propose measures for providing better information and early assessments of the effects of sanctions on third States and to devise a methodology for assessing the actual effects of sanctions on them.

He said there were two important issues to be duly regarded by the Committee in addressing the effects of sanctions on third States. The first was to preserve the overall effectiveness of sanctions regimes and not to prejudice, in that context, the vital principle which had to be safeguarded when sanctions were applied under Chapter VII of the Charter. That was to uphold the fundamental role and primary responsibility of the Council under Article 24 for maintaining international peace and security to ensure prompt and effective action by the United Nations. The second was the need for appropriate measures to address the serious problems third States might face as a result of the implementation of sanctions regimes. The European Union would, therefore, continue to take part in exploring and further developing adequate and equitable solutions to submissions received from affected third States.

Further consideration, he said, should be given to the question of coordinating the work of evaluating the effects of sanctions on third States by various bodies within and outside the United Nations. Another issue that should be discussed was the definition of the methodology for assessing the effects actually incurred by third States as a result of the implementation of preventive or enforcement measures.

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