SUPPORT EXPRESSED IN FOURTH COMMITTEE FOR EXPERT GROUP TO STUDY MEASURES TO HELP THIRD STATES AFFECTED BY SANCTIONS
Press Release
GA/L/3040
SUPPORT EXPRESSED IN FOURTH COMMITTEE FOR EXPERT GROUP TO STUDY MEASURES TO HELP THIRD STATES AFFECTED BY SANCTIONS
19971013 The Secretary-General's proposal to convene an ad hoc expert group to study practical measures to help third States affected by the application of sanctions was welcome by many speakers this afternoon, as the Sixth Committee (Legal) continued its examination of the report of the Special Committee on the Charter.The representative of Japan said the use of the ad hoc group of experts would help resolve many issues, but warned that measures taken to help third States should not hamper the effectiveness of sanctions. The representative of the United States supported the idea of the proposed expert group and said there was no further need for the Committee to consider the question of an appropriate organizational framework for addressing issue.
The representative of the Russian Federation also supported the idea, saying the results of the group could be discussed by the Sixth Committee at the Assembly's next session.
Positions were divided with respect to the future of the Trusteeship Council. The representative of Malta said the Council should assume the role of a coordinating forum through which Member States could exercise their collective trusteeship for the integrity of the global environment, as well as for such common areas as the oceans, atmosphere and outer space.
The representative of Lesotho agreed, saying there was no urgent need to abolish the body since it did not meet, had no staff, and did not use any United Nations resources. The representative of Brazil, however, said the Council, having discharged its remaining responsibilities with the end of trusteeship over Palau, should be terminated.
Also making statements in the debate were the representatives of Belarus, Indonesia, Malawi, Libya, the Democratic People's Republic of Korea, Venezuela, the Czech Republic, Zimbabwe, Swaziland, France, Chile, the United Republic of Tanzania, Iraq, Argentina, Ghana and Uruguay.
The Committee will meet again at 3 p.m. tomorrow, 14 October, to conclude its debate on the report of the Special Committee on the Charter of the United Nations 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.)
SYARGEI SYARGEEU (Belarus) said the sanctions regime should be made effective, and effects on third countries studied. His delegation supported a call by the Non-Aligned countries for a standing body to lend assistance to third States. It also supported the Indian proposal for the establishment of a working group within the Sixth Committee to study the effects of sanctions on third countries. The Committee should also continue to study the issue on a priority basis. Belarus supported the Secretary-General's proposal to convene an ad hoc expert group to study the methodology to assess the effects of sanctions on third States. Representatives of those States should, however, be members also of the group.
Belarus was convinced of the potential of the Special Committee in dealing with issues involving the Charter and the Organization. It supported the Russian Federation proposal on peacekeeping operations which contained a number of useful elements. The Cuban proposals on enhancing the effectiveness of the Organization had aroused a great deal of interest. It pointed to the need for greater transparency and the representation of all regional groups on the Council. He supported Portugal's proposal for an amendment to the General Assembly's rules of procedure to increase the vice-chairmanship of the Main Committees from two to three.
ANTON TABONE (Malta) said that sanctions were appropriate when imposed for minimum periods of time by the Security Council to guarantee international peace. However, sanctions with a far-reaching effect on the whole population of a country should be introduced only if justified and only as a final measure. Sanctions must include humanitarian and child-focused exemptions; humanitarian assistance programmes must also be exempt. The Sanctions Committees should closely monitor the humanitarian impact of sanctions and amend sanction regimes if they caused undue suffering to people, including women and children. The subject of the effectiveness of sanctions and the effect on third States should remain under review in both the Special Committee and the Sixth Committee.
It was being proposed that the Trusteeship Council assume the role of a coordinating forum through which Member States could exercise their collective trusteeship for the integrity of the global environment and common areas such as the oceans, atmosphere and outer space. Malta supported the Secretary- General's recommendation in that regard, as it had long advocated that position. Although areas considered part of the common heritage of the earth were already covered by conventions and Assembly resolutions, each aspect was
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covered independently and efforts were uncoordinated. While each aspect required specific attention, the intrinsic linkage between the issues demanded a unified effort.
ARIZAL EFFENDI (Indonesia) said the number of sanctions regimes had increased three-fold in the last few years. However, that expansion had not been accompanied by a thorough consideration of the long- and short-term effects. Before the imposition of sanctions, critical issues must be clarified, including the potential impact on the targeted country, time-frame, defined objectives, humanitarian aspects and special provisions to minimize the collateral damages suffered by third parties. Sanctions should only be considered after options contained in Chapter VI of the Charter, pacific settlement of disputes, had been exhausted. The working paper on the imposition and enforcement of sanctions presented by the Russian Federation contained aspects on humanitarian limits which deserved further consideration. Such aspects included those addressing suffering to vulnerable sectors, sanctions adjustment in light of humanitarian situations, exemption of international humanitarian organizations and impartiality in the provision of humanitarian and medical supplies.
The revised working paper drafted by Cuba on strengthening the role of the Organization contained some useful elements, he said. That effort was not intended to undermine the efforts of the open-ended working group of Security Council reform and the matter fell within the mandate of the Charter Committee. Such review would enhance the reform process, particularly by providing a legal analysis on the mandate and working methods of the Security Council.
During the last session of the Charter Committee, the Russian Federation had presented a working paper on a declaration of principles and criteria for United Nations peacekeeping, he said. As the United Nations had moved beyond traditional operations, a set of legal principles was needed to guide activities such as safeguarding humanitarian assistance, promoting national reconciliation and the restoration of law and order. Such principles might address sovereignty, territorial integrity, consent of the parties, impartiality and the political independence of States. The principles adopted at the ministerial meeting of the Non-Aligned Movement in Cairo could provide an additional basis for discussions.
PHAKISO MOCHOCHOKO (Lesotho) said the implementation of sanctions had resulted in severe economic hardships on third States and the unregulated use of sanctions had resulted in unnecessary suffering for the innocent civilian populations. For those reasons, sanctions should only be used as a last resort after all other remedies had been exhausted. Consultations between the
Security Council and third States was welcomed as constructive involvement of
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all parties in the decisions on sanctions would go a long way towards alleviating their serious impact on third States.
Concerning the Trusteeship Council, he said there was no urgent need to abolish the body since it did not meet, it had no staff, and it did not use any of the United Nations resources. The proposal by Malta to convert the Council into a coordinator for global commons was worthy of in-depth consideration. More time was required for a thorough discussion of that issue before any decision could be made.
TREVOR P. CHIMIMBA (Malawi) said he supports the establishment of a special mechanism such as a trust fund to assist third States affected by sanctions. There was no doubt that Article 50 of the Charter established a legal obligation on the part of the Security Council and it should be implemented automatically. An expert group should be convened to develop a possible methodology for assessing the consequences actually incurred by third States.
On the work of the Special Committee on the Charter, he said that all the proposals on the table, including those of the Russian Federation, Cuba and Sierra Leone, had a better chance of concluding early if they identified clearly the legal issues that the Special Committee should address. Identifying those issues would also help avoid duplicating the work of other bodies of the United Nations.
ABDUSSALAM SERGIWA (Libya) said the Sixth Committee should remedy the imbalance in the Charter which gave a full range of authority to some Member States, allowing them to take a selective approach to the implementation of Charter provisions and using the veto towards that end. A majority of States were asking for a revision of the imbalance. Libya had been a victim of the abusive use of sanctions and would like to see a return to equality and sovereignty of States. Where was the paragraph in the Charter which required the Security Council to ask for the extradition of a national of a State? he asked. It was immoral and illegal for some States to use the veto in an abusive manner. Reform of the Organization should take account of the abusive use of the veto. Sanctions should be imposed when all other means to settle disputes had been exhausted.
Sanctions imposed on his country for the past five years were against international law, he said. Libya was dedicated to the role of the United Nations in maintaining peace and security. It had since 1991 submitted proposals to strengthen the role of the United Nations and to strengthen cooperation between the General Assembly and the Security Council. Its efforts had been blocked by States which wanted to maintain their exclusive veto power.
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He proposed the abolition of the veto, enhancement of the role of the General Assembly in peacekeeping operations, an end to the policy of duplicity in the work of the Security Council, and transparency in the implementation of Charter provisions relating to assistance to States affected by sanctions. Those States should also participate fully in the discussions on the sanctions issues.
SERGEY V. LAVROV (Russian Federation) said imposition of sanctions was an extreme measure that might be taken only when all other means and methods had been exhausted and when the Security Council had determined the existence of a threat to international peace. In formulating a sanctions regime, the Security Council should be guided by clear criteria and take due account of their effects both on the population of the State upon which they were imposed and on third countries. It was important to establish standard rules on all elements of the imposition, application and lifting of sanctions and the confining of their effect by clear-cut time-frames. Rules on "humanitarian limits" should also be set and assistance provided to third States affected by the application of sanctions.
He called for the implementation of General Assembly resolutions 50/51 and 51/208 relating to assistance to third States. The Russian Federation welcomed the intention of the Secretariat to introduce the mechanism provided for in resolution 50/51 to deal with the issue. The submission of relevant requests to the Secretariat, primarily by the most interested States, would contribute to a further development of the mechanism of rendering assistance. The Secretariat should establish without delay a clear procedure for the consideration of applications under Article 50 of the Charter, to develop universal methodology for assessing the damage suffered by third States, as well as to provide for a special chapter in the reports to the Security Council relating to the examination of a potential damage suffered by those third countries.
The Russian Federation supported the proposal of the Secretary-General to convene an ad hoc expert group meeting next year to develop a possible methodology for assessing the consequences actually incurred by third States as a result of preventive or enforcement measures. The result of the work of the expert group could be discussed in the Sixth Committee of the fifty-third session of the General Assembly. The issue of assistance to third countries affected by the application of sanctions should continue to be considered by the Special Committee on a priority basis. As in previous years, the Russian delegation, together with a number of others, intended to prepare a draft resolution on the subject.
He said debate on the proposals by the Russian Federation on the principles for United Nations work in peacekeeping operations had shown that a number of legal aspects of peacekeeping merited serious study. In particular, the time had come to streamline United Nations peacekeeping missions, their
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instruments and mechanisms. Practical aspects of peacekeeping should be considered in other United Nations bodies, while the Special Committee dealt with its legal aspects.
The Russian Federation favoured the preservation of the Trusteeship Council, she said. While its functions had been frozen, its human and financial resources could be made use of by other United Nations bodies and programmes.
HIROSHI KAWAMURA (Japan) said that sanctions had been applied with increasing frequency in recent years and the effects on third countries had therefore become more serious. Among the issues that should be dealt with was the development of a methodology for assessing the actual consequences of sanctions on third States. The meeting of an ad hoc group on the subject in the first half of 1998 should help resolve many issues. However, measures taken for third States should not hamper the effective application of the sanctions themselves.
On the draft proposal by Portugal which aimed to provide each Main Committee with three vice-chairmen instead of two, he said the move would ease the heavy burdens placed on personnel as a result of the increasing workload of the Main Committees. The proposal would also increase geographical fairness since its adoption would result in the representation of all regional groups in the Bureau of each of the Main Committees.
ROBERT ROSENSTOCK (United States) said on the effects of sanctions on third States, that the examination of optimum methodological approaches was the type of activity needed for the consideration of Article 50, not further drafting exercises. The ad hoc group of experts proposed by the Secretary- General would be the next logical step in deliberations concerning Article 50 and there was no need to consider further the appropriate organizational framework for addressing the issue.
He said the Trusteeship Council had successfully completed its task. There should not be any further territories being placed under its jurisdiction and it should be eliminated. That step would be useful and necessary whether or not a body was created with the responsibility for the global commons or the common heritage of mankind. The language and structure of the Council's mandate under the Charter would be too difficult to modify to accommodate a new role for the Council.
HAN SEUK TCHEUL (Democratic People's Republic of Korea) said the imposition of sanctions was becoming ever more frequent and the direct and indirect victims of those sanctions were, for the most part, developing countries. The United Nations should take action to avoid or alleviate the effects of these sanctions on unintended victims. While Article 50 provided for affected third States to consult with the Security Council, compensation
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for damage should be a legitimate right of those States. The United Nations should not sit by and allow them to muddle through the effects of sanctions the best way they could.
On the topic of relations between the General Assembly and the Security Council, he said that an equitable distribution of power was absent from the Security Council. In order to make the Security Council more democratic, decisions taken by the Council should be given to the General Assembly for consideration before they were implemented.
NORMAN MONAGAS-LESSEUR(Venezuela) supported proposals to establish an expert group to develop a methodology for assessing the effects of sanctions on third States. It also supported Portugal's proposal to amend the General Assembly's rules of procedure to provide for the appointment of three vice- chairmen for all of the Assembly's Main Committees. The changes would respond to a practical need, and would ensure transparency in the work of the Main Committees. He commended the Secretary-General for his proposals on the Repertory of Practice of United Nations Organs and the Repertoire of Practice of the Security Council. He welcomed the Secretary-General's proposal to merge the two publications.
MARTIN SMEJKAL (Czech Republic) said his delegation fully supported the European Union on the subject of effects of sanctions on third countries. It would have welcomed a structured text of the proposal by Sierra Leone which would have given guidance for its discussion. The proposal relates to the establishment of an early warning service to deal with conflicts. Although his delegation still had questions about the financing of that service, which was to be based within the Secretariat, the proposal contained some interesting elements.
He said there was no urgent need for action on the future role of the Trusteeship Council. He supported the proposal of Mexico for comments on the consequences of the workload of the International Court of Justice on its operations. There should be no interference in the functioning of the Court which was a master of its own procedures. He welcomed Portugal's proposal on increasing the number of vice-chairmen of the Main Committees of the General Assembly. The Special Committee needed innovative ideas to streamline its work.
ESTHER CHIBANDA-MUNYATI (Zimbabwe) said the Department of Economic and Social Affairs, charged with collating and coordinating information about international assistance available to third States, would be a valuable tool in making such information available to interested Member States. It was important to continue to examine sanctions in general as a tool for settling disputes and consider why sanctions had not attained their objectives in recent years. She pointed out that sanctions had only achieved their objective about 25 per cent of the time since the 1980s.
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MOSES M. DLAMINI (Swaziland) said sanctions should not be applied as an end in themselves, but as a means to an end. Sanctions should be a last resort and applied when all other methods had failed. The Secretary-General, in his report, had attested to the need for constructive dialogue between third States and international organizations on assistance. Swaziland noted the commitment by international organizations to work with third States to resolve some of the problems faced due to adherence to sanctions. It was of utmost importance that sanctions not result in untold suffering. He welcomed the Russian Federation's proposal to review and adjust sanctions in light of the humanitarian situations arising after the regime was in place.
The Trusteeship Council had recently been dormant, he said. To revitalize its usefulness, there must be an identification of areas for it to address. Swaziland supported the Portuguese proposal regarding amending the first sentence of rule 103 of the Assembly rules of procedure. Such action would go a long way to alleviating problems brought about by the increase in the workload of the Main Committees. Swaziland supported the Mexican proposals to place a new item on the agenda of the Special Committee on the review of practical ways to strengthen the International Court of Justice and enhance its capacity to contribute to the peaceful settlement of disputes and maintenance of international peace.
HUBERT LEGAL (France) said that if a sanctions regime was put in place without a time-frame, there was no guarantee that it would not become eternal. For obscure reasons and others that had nothing to do with the Security Council, such types of sanctions isolated a State without encouraging it to behave in a way envisaged. If, on the other hand, the time-frame of a sanctions regime was restricted, the concerned party would know that the majority of Council members would keep it in place if it did not abide by its terms. There would be much better guarantee for transparency and the State concerned would know what the situation was. That was a question of honesty and clarity.
France believed that the present system of an unrestricted time-frame for implementing sanctions generated suspicion instead of encouraging the target countries to behave according to their international obligations, he said, adding that it also encouraged them to please the most powerful Member State.
HECTOR CORREA (Chile) said the effects of sanctions on third States remained an important and timely issue. Current debate in the Special Committee on the Charter should keep the balance between maintaining the effectiveness of sanctions and addressing the adverse effects of sanctions on third States. The ad hoc group, planned for the first part of 1998, should develop a methodology for addressing problems faced by third States and the group's work should be made available to interested States.
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DAUDI N. MWAKAWAGO (United Republic of Tanzania) said the Department of Political Affairs and the Department of Economic and Social Affairs should continue efforts to develop a methodology for assessing the consequences of sanctions on third countries. Recent proposals of the Secretary-General on the matter were not intended to be an end in themselves, since he had also suggested that an ad hoc expert group meet to review the issue. While such a review would assist the Secretariat in developing a possible methodology, it should not appear selective. Specialized agencies and international organizations could render expertise, and governmental experts from States with broad experience on problems arising from the imposition of sanctions should be included.
Most countries could not absorb the far-reaching consequences of sanctions, he said. The scope of the Charter called for compliance of third States irrespective of their domestic constraints. The Charter also noted that special economic difficulties being confronted by third States were a shared responsibility. Thus, it was of utmost importance to develop appropriate and determinable sets of support structures. That was the challenge which must be met if the credibility of the sanctions regime, as spelled out by the Charter, was to be preserved.
RIADH AL-ADHANI (Iraq) said imposition of sanctions should not be allowed for the achievement of certain exclusive interests. Its imposition should be restricted and it should have a time-frame. The sufferings of vulnerable groups should be taken into account. There was no point in reiterating the tragic consequences of sanctions on the Iraqi people.
The paper submitted by the Russian Federation on assistance to third countries affected by sanctions contained very important ideas, he said. The provisions of Article 51 of the Charter on assistance to third countries affected by sanctions were general and should be made effective and transparent. Some States were using it to abuse the sanctions regime for their own interests. Iraq supported the Cuban proposals on reforms of the Security Council which called for transparency in its work. The Sixth Committee should also be involved in efforts to reform the Council.
OSVALDO MARSICO (Argentina) said the proposal submitted by Portugal to increase the number of vice-chairman for each Main Committee from two to three, would result in better distribution of the workload they had to face and ensure the appropriate representation for all regional groups.
As to the proposal by Mexico to invite comments from Member States on the consequences that the increase in the volume of cases before the International Court of Justice had on its operation, he said he supported efforts to improve the Court's work. Those efforts should remain limited so there was no need to amend the Charter or the structure of the Court, he added.
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ERIC ODOI-ANIM (Ghana) said the International Court of Justice could be useful in helping the world move from the politics of might to the rule of law. To accomplish this, it was imperative that the issue of increased acceptance by Member States of the Court's jurisdiction receive greater attention. Current proposals on the topic had not addressed this need.
He said he appreciated the proposal to convert the Trusteeship Council into a coordinator for the "global commons". Care should be taken, however, to make sure that such a conversion did not lead to a duplication of effort between the Council and other institutions and agencies dealing with the environment.
JULIO BENITEZ (Uruguay) said that sanctions had not demonstrated that they were a wholly effective mechanism for addressing international problems and disputes and their effectiveness was slowly declining. On the effects of sanctions on third States, he said it was essential that automatic mechanisms were set up to generate financial resources to counteract the economic losses suffered by those States. There was also a special need to assess humanitarian consequences in the formulation and application of sanctions.
On the issue of the Trusteeship Council, he said it was advisable for the Special Committee on the Charter to concentrate on other reforms. Because the Trusteeship Council did not use any United Nations resources, there was no need to amend the Charter to provide for its elimination.
ANTONIO DE AGUIAR PATRIOTA (Brazil) said that as sanctions were measures taken collectively, the costs involved in their application should be borne equitably by all Member States. Sanctions should be resorted to only when other peaceful means had failed. Multilaterally-imposed sanctions could attain specific objectives without the use of military force. United Nations sanctions stood as a legitimate multilateral tool which should preclude the resort to unilateral measures.
With respect to the Trusteeship Council, he said that body had discharged its responsibilities with the end of its trusteeship over Palau. It should be terminated through a simple Charter amendment deleting Chapter XIII. No organ or committee of the United Nations system needed to be maintained once its mandate had been fulfilled.
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