SPEAKERS IN LEGAL COMMITTEE SAYS SANCTIONS SHOULD BE USED SPARINGLY

Press Release
GA/L/3039

SPEAKERS IN LEGAL COMMITTEE SAYS SANCTIONS SHOULD BE USED SPARINGLY

Sanctions should be used sparingly and special mechanisms adopted to minimize losses suffered by third countries due to their imposition, the Sixth Committee (Legal) was told this morning as it continued its discussion of the subject and other issues contained in the report of the Special Committee on the Charter.

On the implementation of Security Council sanctions, many representatives expressed the view that they should only be used as a last resort when all other means of settling disputes had been exhausted. Special attention should be given to their adverse effects on vulnerable groups.

The representative of Iran said the adverse humanitarian impact of sanctions on the most vulnerable segments of the population should remain the focus of attention. Sanctions should not be enforced for an unlimited period and must be lifted as soon as their main objective had been met.

The representative of Zambia said that, although sanctions were a useful instrument for responding to threats to peace, the Security Council should use other mechanisms to settle disputes and only impose sanctions as a last resort.

On the effects of sanctions on third States, the representative of Ukraine said his country had paid a high price for the implementation of sanctions on other States and urged the elaboration of specific proposals on a fair distribution of unavoidable economic losses. The United Nations should establish appropriate mechanisms to deal with the problems of affected States.

The representative of Cuba said it was the responsibility of the Security Council, as the body that imposed sanctions, to assist those States affected by them.

Statements were also made by the representatives of: South Africa, Malaysia, Sudan, Algeria, United Kingdom, Tunisia, China, Nepal, Australia, Mexico, Turkey, Egypt, Mozambique and Jordan.

The Sixth Committee will meet again at 3 p.m. today to continue its consideration of the report of the Special Committee of the Charter and on the Strengthening of the Role of the Organization.

Committee Work Programme

The Sixth Committee (Legal) met this morning to continue consideration of the report of the Special Committee on the Charter of the United Nations and on Strengthening of the Role of the Organization on the work of its fifty- second session (27 January to 7 February). (For background information, see Press Release GA/L/3038 of 8 October.)

Statements

CRAIG DANIELL (South Africa) said the Secretary-General's report on the effects of sanctions on third countries required further discussion which could best be achieved within the framework of a working group of the Sixth Committee. The Special Committee on Peacekeeping Operations was the more appropriate body within which the draft declaration proposed by the Russian Federation, which contained provisions of an essentially operational and political nature, could be raised. South Africa supported the proposal by Portugal to amend rule 103 of the General Assembly's rules of procedure relating to the election of officers to the Main Committees.

There was no urgent need to abolish the Trusteeship Council, he said. Mexico's proposal for the Charter Committee to consider a review of practical ways and means to strengthen the International Court of Justice would be a welcome addition to the Committee's agenda. The Charter Committee should take its direction from the comments, if any, of the Court on that issue. South Africa took note of the Secretary-General's proposal to merge the Repertory of Practice of United Nations Organs and the Repertoire of Practice of the Security and would like more time to consider its implications, he said.

KAMARUDDIN AHMAD (Malaysia) said that Article 50 of the Charter, which allows third States affected by sanctions to consult the Security Council, should be for the purpose of determining the way the Council should assist those States. Some States still believe that Article 50 meant only consultation and not the right to assistance. It was essential that affected countries could seek adequate external assistance in coping with the side- effects of sanctions. While the Secretary-General was ready to put such an arrangement into action, no such request had been made of the Security Council.

He said he did not agree with the Secretary-General's 14 July reform proposal to reconstitute the Trusteeship Council "through which Member States exercise their collective trusteeship for the integrity of the global environment". The Trusteeship Council had served its purpose and its abolition was timely and consistent with other reform efforts. Giving it a new role would be unnecessary because other organs of the Organization already handle such matters.

Sixth Committee - 3 - Press Release GA/L/3039 6th Meeting (AM) 13 October 1997

OMER DAHAB FADOL (Sudan) said sanctions must be resorted to as a last measure and in exceptional instances, after all means of peaceful settlement of disputes had been exhausted. It must "be limited in time and must not be deformed by dualism and selectivity". His delegation supported the view that the adoption of sanctions should not be approached from politically or ideologically partial or emotional positions. A clear criteria should be employed for determining the use of such measures. Concerned States should be able to participate in informal discussions of the Security Council on the question of sanctions. Sudan supported the proposal to study the cases in which the Security Council invoked Chapter VII of the Charter.

Sudan supported Portugal's proposal to have article 103 of the General Assembly's rules of procedure amended, he said. The Special Committee on the Charter should look into the means by which the role of the International Court of Justice could be enhanced to ensure the achievement of the Charter's objectives and to enable the Court to discharge its functions as provided for in the Charter and in its Statute.

AHCENE KERMA (Algeria) said that Security Council sanctions now affected a larger number of States than before and there was a need for a new approach to find solutions for third States affected by those sanctions. A permanent mechanism for addressing those problems was needed and it would, among other things, encourage Members to abide by their commitment to third States. It was clear that the case by case approach to solving problems, which was currently in use, had failed in the past and had many drawbacks. Because the Security Council implemented sanctions under Chapter VII of the Charter, it had a responsibility to aid those third States affected by sanctions.

On the issue of reform, he said the Special Committee on the Charter should play a larger role in the changes taking place, especially in regard to legal questions. However, the Special Committee had become a spectator to the reform process instead of being an integral part of it, mainly because there were other bodies within the United Nations that were addressing legal questions. The Special Committee did have a positive role to play, and could become more involved in reform.

SUSAN DIXON (United Kingdom) said her delegation had not difficulty with the suggestion that the General Assembly should invite Member States and States parties to the Statute of the International Court of Justice to present their comments and observations on the consequences that the increase in the volume of cases before the Court had on its operations. The United Kingdom supported the understanding reached in the Special Committee that the recommendation should have no implications for any changes in the Charter or the Statute of the Court. The Statute of the Court was satisfactory, and significant legal changes were not needed just because the Court was busier now than it had been in the past. It would be essential for the Special

Sixth Committee - 4 - Press Release GA/L/3039 6th Meeting (AM) 13 October 1997

Committee to take full account of the views of the Court itself on that matter.

She said the Special Committee could not ignore the effect on the Court of current financial difficulties of the Organization as a whole. It was vital that the Court should have appropriate resources to fulfil its tasks adequately. Looking at the work of the Special Committee as a whole, she expressed doubts about its effectiveness. Her delegation was prepared to work with others to reduce the duration of the meetings of the Special Committee.

SAMIA LADGHAM (Tunisia) said the proposal of the Russian Federation, that the United Nations should take humanitarian needs into consideration when the Security Council implemented sanctions, had great merit. There should be humanitarian limits to the implementation of sanctions along with the need for model procedures guiding the use of sanctions. The Special Committee on the Charter should submit a proposal along those lines.

On the issue of third States affected by sanctions, she said there was a need to create an appropriate response to that problem. Developing countries especially were sensitive to the effects of sanctions imposed in their regions. When sanctions slow the economy of developing States or affect regions adversely, there might be ramifications on international peace and security. The United Nations could not continue to rely on other institutions to address the problems faced by third States. It was the responsibility of the Security Council to find solutions to those problems.

GAO FENG (China) said his Government never supported the use of sanctions as the primary means to settle international disputes. It was concerned that it was mainly developing countries, including China, which suffered from the effects of sanctions. The international community should show understanding of the legitimate demands of the States affected by the implementation of sanctions and give them practical support. The problem could be resolved by reducing sanctions to a minimum and limiting their duration, if they had to be imposed. He called for the establishment of a mechanism for consultations between the affected third States and the Security Council, and for assistance to those States as provided for in the relevant articles of the Charter.

China supported the proposal by Sierra Leone on the establishment of a dispute prevention and early settlement service, he said. Such a body would be conducive to eliminating and reducing the further expansion of disputes and would also eliminate or reduce the possibility of large-scale United Nations action, including imposition of sanctions. He called for a cautious approach to the issue of the future of the Trusteeship Council, noting that although its historic mandate had been fulfilled, neither its abolition nor the conversion of its functions could be carried out without amending the Charter.

Sixth Committee - 5 - Press Release GA/L/3039 6th Meeting (AM) 13 October 1997

BISHNU BHATTARAI (Nepal) said sanctions should be imposed only when all available peaceful means of dispute settlement had failed. When those sanctions were imposed, the adverse effects on third States must be addressed by the Security Council. Third States affected should also be encouraged to make greater use of Article 50 of the Charter, which allowed them to seek consultation with the Security Council. An effective and transparent mechanism of consultation for those States should be in place.

He said the Trusteeship Council was not doing any harm by being in the book, despite calls for its abolition. The Secretary-General had proposed that the Trusteeship Council be reconstituted as the forum through which Member States could exercise their collective trusteeship for the integrity of the global environment. That was an innovative idea and deserved the greatest attention of the Special Committee on the Charter.

MARK GRAY (Australia) said Member States should look seriously at ways to minimize the adverse impacts of sanctions on affected third States. Australia welcomed the Secretary-General's report on the subject, particularly the enhanced cooperation and coordination among relevant departments of the Secretariat. The development of expertise within the Secretariat would assist the Security Council in performing its work more efficiently and also help third States affected by sanctions. Australia had reservations about suggestions that, upon the imposition of sanctions, the Security Council should establish a funding mechanism financed from assessed contributions and supplemented by voluntary contributions to assist the affected third States.

Australia saw merit in Mexico's proposal for comments to be sought from Member States, parties to the Statute of the International Court of Justice and from the Court itself on the consequences of the Court's increasing workload. The submission of the comments could prove a useful tool in examining the means to enhance the Court's role. Australia supported the Court and recognized its profound contribution over the past 50 years to the peaceful settlement of disputes, as well as to the development of international law.

MEHDI DANESH-YAZDI (Iran) said it was time for a thorough examination of Security Council sanctions, taking into account what the sanctions had intended to achieve and how they had functioned in practice. The following ideas should be considered in that examination: sanctions should only be used as a last resort when all other options enshrined in the Charter had been exhausted; the adverse humanitarian impact of sanctions on the most vulnerable segments of the population of the target State should remain the focus of attention; and sanctions should not be enforced for an unlimited period of time and must be lifted as soon as their main objective had been met.

Sixth Committee - 6 - Press Release GA/L/3039 6th Meeting (AM) 13 October 1997

He added that coercive economic measures should be used only in specific situations where a threat existed to international peace and unilateral economic measures ran contrary to the will of the international community. Economic coercion should not be used as a means of achieving political goals. Industrial nations should not use their superior positions to induce political, economic or social change in developing countries.

SOCORRO FLORES (Mexico) said there were growing concern about the manner in which the financial situation of the Organization was affecting the work of the International Court of Justice. The President of the Court had himself spoken about that problem. Mexico had been prompted by the situation to call for a review of the consequences of the Court's increasing workload. The purpose was to identify, on the basis of the comments of Member States, parties to the Court's Statute and the Court itself, ways of helping the Court overcome its problems. Mexico's objective was not to seek the amendment of the Court's Statute.

She said the Special Committee should continue to consider the question of the effects of sanctions on third States. Sanctions should be imposed only after other options had been exhausted. The purposes of the sanctions should also be determined and made clear in advance. She hoped the Special Committee would look at the proposal of the Russian Federation on the subject at its next session.

YESIM BAYKAL (Turkey) said that as a State affected by sanctions imposed on a neighbouring country, Turkey believed that it was time to establish a mechanism to make Article 50 of the Charter operational. Interpreting Article 50 narrowly and involving just the international financial institutions in the solution of the problem was not a very constructive and realistic approach.

She shared the view of the Secretary-General that consideration needed to be given to making sanctions more effective in achieving behavioural modification, while limiting damage done to the civilian population of a target country. There was also a need to address the broader humanitarian and economic effects of sanctions as well as the objective criteria in their application and for their termination.

NABIL A. ELARABY (Egypt) welcomed the report of the Secretary-General on the effects of sanctions on third States, which included a number of proposals such as the collation of information by the Secretariat's relevant departments on the impact of sanctions. He called upon the Secretariat to complete work assigned to it. Broader freedom should be given to the Sanctions Committees to deal directly with applications for relief from the affected third States. Countries which would be affected by the imposition of sanctions should be allowed to participate, without a vote, in informal discussions of the

Sixth Committee - 7 - Press Release GA/L/3039 6th Meeting (AM) 13 October 1997

Security Council on the subject. The issue should be dealt with comprehensively. The Security Council should have a time-frame for imposing sanctions to avoid unnecessary suffering by vulnerable groups in the affected third countries. The objectives of sanctions should be clearly defined.

Egypt welcomed the Russian Federation's proposal on the effects of sanctions on third countries which should be considered, he said. It also supported the principles proposed by the Russian Federation on peacekeeping operations, as well as the proposal of Sierra Leone on the establishment of a dispute prevention and early settlement service. A similar service established by the Organization of African Unity (OAU) in 1993 was working very well. A draft resolution of the Sixth Committee on the work of the Special Committee should commend Sierra Leone on its proposal. Egypt was not opposed to Portugal's proposed amendment to the General Assembly's rules of procedure on election of officers to its Main Committees in view of the increasing workload of those Committees.

CRISTIANO DOS SANTOS (Mozambique) said regional organizations should be encouraged to play a more vital role both in the implementation of preventive and enforcement measures. He noted that the OAU Mechanism for Conflict Prevention, Management and Resolution had already demonstrated its importance in the efforts to maintain peace and security. The Southern African Development Community (SADC) countries had also established an Organ on Politics, Defence and Security to ensure the maintenance of peace and security in the sub-region. Those efforts were a clear translation of the provisions of Article 52 of the Charter and represented a strong commitment of Africa and the southern African sub-region to cooperate with the United Nations in the maintenance of international peace and security.

He called for a mechanism to ensure an adequate balance between the need to apply sanctions and minimizing its adverse effects on third countries, in particular, developing and fragile economies. His delegation welcomed the proposed convening of an ad hoc expert group to study the application of sanctions and their impact on third countries. The Special Committee and the Sixth Committee should continue to consider the issue.

ENCYLA SINJELA (Zambia) said the adverse effects of sanctions against Southern Rhodesia was still being felt in his country and there were no proper guidelines and mechanisms to deal with that problem. If a proper mechanism had existed for providing relief, the negative effects would have been considerably minimized. Article 50 should provide third States affected by sanctions more than the right to just "consult" with the Security Council because consultation alone would not resolve the problems. The United Nations should establish appropriate mechanisms to deal with the problems of affected States and those could include the provision of financial resources in order to offset the economic losses suffered by the States.

Sixth Committee - 8 - Press Release GA/L/3039 6th Meeting (AM) 13 October 1997

Although sanctions were a useful instrument for responding to threats to the peace, she said, they should not be used as the primary means for settling international disputes. The intended results of sanctions might be achieved, but there were negative effects on unintended victims. The Security Council should use other mechanisms to settle disputes and only impose sanctions as a last resort when all else had failed.

CARIDAD YAMIRA CUETO MILIAN (Cuba) said there was widespread demand from developing countries that the United Nations address the problems of the effects of sanctions on third States. The issue should continue to be a priority for the Special Committee on the Charter and it should find ways to make Article 50 operational. The responsibility of the Security Council, as the body that imposed sanctions, could not be diluted. It should assume the responsibility of examining and repairing the consequences of sanctions.

She said a pronouncement on the elimination of the Trusteeship Council, would be counter-productive and premature. There should be a substantive analysis of the Trusteeship Council before any pronouncement could be made; that analysis had not been completed.

VOLODYMYR YEL'CHENKO (Ukraine) said his country, which was in transition, had paid a high price for the implementation of sanctions and their negative effects could be long-lasting. That was why his delegation attached importance to productive and practical work within the framework of the Special Committee on the Charter and in other forums to alleviate the special economic problems of the third countries affected by the imposition of sanctions. His delegation supported an Indian proposal for the establishment of a working group of the Sixth Committee to focus solely on that problem. Ukraine was prepared to bear its share of the burden, but considered it unfair that some States suffered "the lion's share of losses" while others did not. Specific proposals should be elaborated and steps taken to create a system of fair distribution of unavoidable economic losses.

Ukraine believed that the imposition of sanctions should follow, not precede, peaceful exhaustion of means to resolve conflict situation or settlement of disputes as provided in the Charter, he said. The problems of third States affected by sanctions should be examined in a practical manner. The report of the Special Committee and the deliberations during its last session had proved again that a mere recognition of the problems of third States was not sufficient.

It was important, he said, that the whole work on the implementation of the relevant Assembly resolutions was not confined to measures to enhance the effectiveness of the Secretariat or at elaborating a uniform methodology of assessing third States losses. He emphasized the necessity for a permanent and reliable mechanism to address those issues. Ukraine also stressed the

Sixth Committee - 9 - Press Release GA/L/3039 6th Meeting (AM) 13 October 1997

need for the creation of a mechanism of consultations between the Security Council and the countries which were or might be affected by the implementation of sanctions. It also believed that thought should be given to the idea of a standing Security Council sanctions committee which would conduct research on the effects of sanctions and coordinate appropriate activities within the Secretariat. He supported the proposed convening of an ad hoc expert group to explore innovative and practical measures of assistance to the affected countries.

WALID OBEIDAT (Jordan) stressed the necessity for international cooperation to mitigate the adverse effects of sanctions before their imposition, during their implementation and after they had been lifted. There should be respect for its "humanitarian limits" by not endangering the life and health of civilian population. Sanctions should be lifted as soon as their objectives had been achieved. Jordan welcomed the Secretary-General's proposal to convene an ad hoc expert group to examine the effects of sanctions. The Sixth Committee should set up a working group to examine implementation of Article 50 of the Charter relating to the effects of sanctions on third States.

* *** *