SPECIAL COMMITTEE ON CHARTER CONCLUDES TWO-WEEK SESSION, APPROVES REPORT TO GENERAL ASSEMBLY
Press Release
L/2821
SPECIAL COMMITTEE ON CHARTER CONCLUDES TWO-WEEK SESSION, APPROVES REPORT TO GENERAL ASSEMBLY
19970207 The Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization this afternoon concluded its two-week session after approving its report to the General Assembly, which contains recommendations on strengthening the International Court of Justice, implementing Charter provisions on assistance to third States affected by United Nations sanctions and increasing the number of officers in the Assembly's Main Committees.On strengthening the International Court of Justice, the Committee recommended that the General Assembly invite States Members and States parties to the Statute of the Court to present their observations on the effect of the increase in the Court's workload on its operations. The Court, too, would be invited to submit its comments on the issue. The recommendations were approved on the understanding that they did not have any implications for any changes in either the United Nations Charter or the Court's Statute.
The recommendation was proposed by Mexico, as the Committee considered its agenda item on the identification of new subjects for future consideration by the Special Committee. The Mexican delegation had earlier proposed that, as a principal United Nations organ, the Court should be part of the Organization's reform and revitalization process.
The Committee's also recommended that the General Assembly's fifty- second session consider the question of the implementation of Charter provisions on assistance to third States affected by sanctions imposed under the Charter's Chapter VII. The implementation of Assembly resolutions 50/51 and 51/208 on the question should also be considered, it said.
By the terms of resolution 51/208, the Assembly underlined the importance of consultations under Article 50 of the Charter with third States confronted with special economic problems arising from the sanctions imposed by the Security Council under Chapter VII. Article 50 grants third States the right to hold consultations with the Council on how to solve the economic problems they faced from sanctions on other States.
By the Committee's third recommendation, the Assembly would consider a draft resolution to amend the first sentence of rule 103 of the Rules of Procedure to read: "Each Main Committee shall elect a Chairman, three Vice- Chairmen and a Rapporteur". Rule 103 allows each Assembly Main Committee four officers, drawn from each of the regional groups represented in the United Nations. Since there are now five regional groups, the proposal submitted by Portugal would ensure equitable geographical representation in the Main Committees' bureaus, according to some Special Committee members.
Also this afternoon, the Committee approved sections of its report concerning working papers on the peaceful settlement of disputes between States, the future of the Trusteeship Council and new subjects to be included in the Committee's future work.
Starting yesterday afternoon the Committee conducted a paragraph-by- paragraph review and approval of the report's six sections, five of which summarize the Committee's actions and its plenary and working group discussions. The six sections are: introduction; recommendations; maintenance of international peace and security; peaceful settlement of disputes; the Trusteeship Council; and new subjects identified for the Committee's future work and assistance to working groups on the revitalization of the United Nations.
The Special Committee is mandated to examine issues relating to the maintenance of international peace and security, the peaceful settlement of disputes, the strengthening of the Role of the Organization and the future of the Trusteeship Council.
Report of Special Committee
The Special Committee's report contains both its recommendations and the summaries of its discussions on various subjects.
On the agenda item on maintaining international peace and security, the issue of assistance to third States affected by sanctions was a subject of substantial discussion. Some speakers said such assistance was a legal obligation under the Charter and that the United Nations should establish appropriate mechanisms to deal with the problem, including the provision of financial resources to offset the economic losses suffered by third States. Further, assistance should be automatic and predictable. Upon imposition of sanctions, the Security Council should establish a funding mechanism financed from assessed contributions and supplemented by voluntary contributions to assist the third States.
Even a literal interpretation of Article 50 implied that due weight must be given to third States' claims for economic assistance for the losses
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incurred from the imposition of sanctions, it was argued. Another view held that Article 50 did not provide third States a right to compensation, but the right to consult with the Council on solutions to their problems. Some speakers suggested that third States should be involved in the decision-making on the imposition of sanctions and on the steps to alleviate the impact of sanctions on them. Committee members underscored the role of the General Assembly and the Economic and Social Council in mobilizing economic assistance for such States.
During working group discussions on the Russian Federation's proposal on criteria for imposing sanctions, it was observed that although sanctions had been imposed 116 times, they had achieved their objectives in only 41 instances. The success rate in the latter instances had been about 50 per cent before the 1980s and some 25 per cent since then. The drop was due to the destructive effects sanctions had begun to have on civilian populations -- resulting in hunger, poverty, economic destruction -- and to their negative economic effect on third States. It was stressed that sanctions should be used as a last resort and applied only when there was genuine threat to peace and security.
Before the Charter's Chapter VII was invoked, it was suggested, the provisional measures in Articles 39 and 40 should be applied. However, others argued that a swift implementation of sanctions was a sine qua non for preserving international peace and security. It would not be realistic to set time limits on sanctions since they were not punitive. The final outcome of the Russian working paper should be embodied in a declaration or memorandum of understanding, it was suggested.
On the question of peace-keeping, the representative of the Russian Federation said that the purpose of his draft declaration on the criteria for United Nations missions was to develop basic principles for guiding the Organization's operations. The Organization required a global instrument containing a compendium of principles relevant to its activities in the field of preventing and settling conflicts between and within States, he said. However, speakers raised doubts about the need to develop a declaration and the feasibility of applying a set of principles to vastly different operations.
It was suggested that the draft declaration reflected the need to develop a proper legal basis for peace-keeping and preventive operations. In that view, the draft provided a proper overall framework for such operations and contained legal elements, such as impartiality and neutrality, non-use of force, non-intervention in domestic affairs and respect for State sovereignty. The proposal should also encompass conflicts brought about by extreme poverty and underdevelopment, it was suggested.
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On its proposal to strengthen the role of the United Nations in maintaining international peace and security, Cuba's representative said the Organization's democratization was indispensable to the strengthening of its role. The constituent nature of the Security Council, its members, functions and its relations with the rest of the United Nations system, in particular the General Assembly, should be reformed. The process should take into account the political will of States to revitalize the role of the Assembly.
On the agenda item on the peaceful settlement of disputes, Sierra Leone's representative said that the establishment of a Dispute Prevention and Early Settlement Service would create a small and effective mechanism to take advantage of the peacemaking and preventive diplomacy options available in the Charter's Article 33. The mechanism would help parties at early stages of disputes by presenting them with options for dealing with their difficulties.
During the Committee's working group meetings, the merit of the proposal's attempts to create a cost-effective machinery for the prevention and early resolution of disputes was emphasized. Its Board of Administrators would be members of permanent missions to the United Nations and, thus, there would be no extra cost to Member States. The cost-effectiveness of preventive diplomacy compared with the high costs of peacemaking and peace-keeping was emphasized. The fact that the proposal would improve the Organization's conflict-detection machinery was also highlighted.
On the mechanism's relationship with other United Nations organs, it was felt that there could be an overlap in the roles of the mechanism and that of the Security Council. Some recalled that Chapter IV of the Charter accorded the Assembly an important role in the peaceful settlement of disputes and that the proposed mechanism would be a subsidiary of that body. Concern was expressed, however, about overlap in the roles of the mechanism and of the Secretary-General and regional arrangements and agencies. To avoid overburdening the United Nations, the resolution of disputes in their early stages might be left to regional organizations, it was stated.
The Special Committee also discussed a working paper from Guatemala, on amendments to the Statute of the International Court of Justice to extend its competence to disputes between States and international organizations. In introducing the paper, the sponsor indicated preference for extending the Court's jurisdiction, under specific conditions, to all intergovernmental organizations. The Court's competence could be extended to affect only organizations with links to the United Nations system.
Committee members said the proposal would require a complex procedure of amending the Charter, a matter on which no consensus existed. In some cases, amendments to the legal instruments of the various international organizations concerned might also become necessary. Some representatives expressed doubt
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regarding the proposal's usefulness, as no demand for the changes it proposed seemed to exist.
An alternative drafting to the Guatemalan working paper, submitted by Costa Rica, was also considered. The text covered the same subject matter as Guatemala's proposal, but introduced only changes to the Charter and to the Court's Statutes necessary to achieving the purposes of the original proposal.
As for the agenda item on the Trusteeship Council's future, the point was made that some States had already expressed support for abolishing the Council. Others countered that such a move would be premature and the process would lead to an imbalance in the Charter's present structure, it was said. It was also argued that not all of the Council's functions under Article 77, paragraph 1 (c) had been fulfilled. [According to the paragraph, the United Nations trusteeship system shall apply to territories voluntarily placed under the system by States responsible for their administration.]
Reference was made to Malta's proposal to convert the Council into a coordinator for mankind's common heritage of mankind. However, it was also held that that would duplicate the work of the International Seabed Authority, the Commission on Sustainable Development and the United Nations Environment Programme.
Concerning the agenda item on identifying new subjects for the Committee's consideration, Mexico's delegation suggested that the International Court of Justice should be reformed to enhance its capacity to contribute to the peaceful settlement of disputes. It suggested that the Committee could recommend that the General Assembly request comments from States and from the Court on how to enhance the Court's efficiency. The Committee could then discuss measures to strengthen the Court with full respect for its authority and independence, it added. Others speakers stressed that the Committee should avoid "micromanaging" the Court.
A working paper from Portugal, on the amendment of the General Assembly's rules of procedures, was also discussed. Submitted in the form of a draft resolution, it would have the Assembly amend the first sentence of rule 103 of the Rules of Procedure to read: "Each Main Committee shall elect a Chairman, three Vice-Chairmen and a Rapporteur". Rule 103 allows each Assembly Main Committee four officers, each drawn from each of the regional groups. With five such groups in the Organization, one of them lacked representation in each Main Committee's bureau. Committee members said the Portuguese proposal would ensure equitable geographical representation in the Main Committees.
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History of Special Committee
By resolution 3499 (XXX) of 15 December 1975, the Assembly decided to reconvene the former ad hoc Committee on the Charter of the United Nations as the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization. The Special Committee first met in 1976 to examine suggestions regarding the Charter, the strengthening of the role of the Organization in maintaining international peace and security, development of cooperation among all nations and the promotion of the rules of international law.
General Assembly resolution 51/209 of 17 December 1996 asked the Committee to consider proposals concerning the maintenance of international peace and security, assistance to third States affected by the application of sanctions under Chapter VII of the Charter and the question of the peaceful settlement of disputes between States, including proposals on establishing a dispute settlement service. The Committee was also asked to continue considering the future role of the Trusteeship Council.
Further, the Assembly invited the Committee to: continue identifying new subjects for consideration in its future work, with a view to contributing to the revitalization of the work of the United Nations; discuss how to offer its assistance to the working groups of the Assembly; and consider ways of improving coordination between the Committee and other working groups dealing with the reform of the Organization.
Regarding the maintenance of international peace and security, the Assembly requested the Committee to consider all proposals to strengthen the United Nations role. It should examine other proposals already submitted or which may be submitted to the Committee's current session. According to the Committee's report on its 1996 work (document A/51/33), those proposals include working papers presented by Libya and by Cuba on strengthening the United Nations role in maintaining international peace and security. Also before the Committee was a working paper on a draft declaration on the basic principles for United Nations peace-keeping missions and mechanisms for preventing and settling crises and conflicts.
The Committee was also asked to consider Assembly resolutions 50/51 and 51/208 on the implementation of Charter provisions 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, as early as possible, with third States confronted with special economic problems arising from the implementation of sanctions imposed by the Council. The Assembly
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invited the Council to consider setting up further mechanisms for consultations on how to solve those problems.
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 Membership
The previously 47-member Special Committee was opened to all Member States by Assembly resolution 50/52 of December 1995, which also authorized the Committee to accept as observers non-Member States that belonged to the specialized agencies or the International Atomic Energy Agency (IAEA). Intergovernmental organizations could take part in plenary debates.
Officers
Dusan Rovensky (Czech Republic) was elected Chairman of the Special Committee for its 1997 session. Yamira Cueto Milian (Cuba), Maria Lourdes V. Ramiro-Lopez (Philippines) and Omer Dahab Fadul (Sudan) were elected Vice- Chairmen; and Marja Lehto (Finland) was elected Rapporteur.
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