CHARTER COMMITTEE NEARS FINAL APPROVAL OF REPORT TO ASSEMBLY

Press Release
L/2954

CHARTER COMMITTEE NEARS FINAL APPROVAL OF REPORT TO ASSEMBLY

Among Questions Highlighted at Morning Session: Assistance to Third States Affected by Security Council Sanctions

The Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization approved the bulk of its report to the General Assembly this morning.

The chapters approved provide an overview of the Committee’s deliberations on the various proposals before it.

The remaining two chapters, which contain the Committee’s recommendations to the Assembly as well as its examination of implementation of Charter provisions related to assistance to third States affected by sanctions, will be taken up this afternoon at 3 p.m.

The Charter Committee, which was established in 1974 to examine in detail proposals regarding the Charter, the strengthening of the role of the United Nations in maintaining peace and security, cooperation among nations and promotion of the rule of international law in relations between States, was asked by the Assembly last year to give priority to an examination of the question of assistance to third States affected by Security Council sanctions, as well as to a review of its own working methods.

The report states that in the consideration of the revised working paper submitted by the Russian Federation, “Basic conditions and standard criteria for the introduction of sanctions and other coercive measures and their implementation” (document A/AC.182/2000),the view was expressed that the Committee consider establishing a mechanism to study the potential impact of sanctions prior to their implementation, with a view to obtaining the desired objectives faster and minimizing any negative humanitarian effects. The Russian Federation’s working paper was described by some delegations as a useful basis for further consideration of the question of sanctions. However, several delegations reiterated their previous reservations, and said they would participate in the discussion on the understanding that it was preliminary in nature and that silence should not be construed as agreement. It was not clear, they added, that the Special Committee was the appropriate forum for considering the issue. Doubts were also expressed about the propriety of the General

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Assembly instructing the Security Council on how it should implement its sanctions regimes.

A question was raised as to the timing of the proposal in light of current work being undertaken in other United Nations bodies and the proposed informal working of the Council, which would consider improving the effectiveness of United Nations sanctions. It was suggested that the proposal was out of step with current developments in the Organization regarding sanctions, especially with regard to the emerging recognition of the importance of “targeted” sanctions. It was further pointed out that the Secretary-General had described sanctions as offering the Council “an important instrument to enforce its decisions”. Concern was expressed that the working paper would undermine the ability of the Council to utilize sanctions to that end. Furthermore, it was maintained that the Security Council was the more appropriate organ to take the lead.

In contrast, various delegations expressed the view that the proposal was timely, that the Special Committee was the appropriate forum for considering the matter, and that the possibility of duplication of work was not of serious concern since such duplication was a common feature of the work of the Organization. The point was made that the seriousness of the topic required that it be considered by all bodies of the United Nations. Furthermore, it was disputed whether the proposal would actually impede the work of the Council.

As to the working paper itself, concern was expressed about the use of casual formulations and the use of rigid and categorical terms that would impede the Council’s ability to take action under Chapter VII. A general preference was expressed for aligning the text with the consensus formulation of similar provisions in General Assembly resolution 51/242, Annex II, on the “Supplement to an Agenda for Peace”.

The Committee’s consideration of another working paper submitted by the Russian Federation, on “Fundamentals of the legal basis for United Nations peacekeeping operations in the context of Chapter VI of the Charter of the United Nations”(document A/AC.182/2000), centred around the suggestion that a working group, consisting of experts from the Special Committee on the Charter and from the Special Committee on Peacekeeping Operations, be established for the further complex consideration of the principles and criteria for the work of peacekeeping missions.

In a follow-up to that discussion on the possibility of establishing a joint working group (document A/AC.182/2000/Add.1), the Secretariat reported that it would find no precedent for any joint session of the Committee or joint working group. It was also pointed out that in the absence of any provisions in the Rules of Procedure of the General Assembly for establishing a joint working group, there was no precedent for the procedure to be followed in that regard. The paper includes a statement from the sponsoring delegation, the Russian Federation, thanking the Secretariat for the information and recalling that there were indeed precedents. The example was given of a joint group of the

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Third and Sixth Committees on drafting the convention on the non-applicability of the statute of limitations regarding war crimes and crimes against peace.

During a discussion on the working papers submitted by Cuba on “Strengthening of the role of the Organization and enhancing its effectiveness" (document A/AC.182/2000), Cuba acknowledged that some aspects of the reforms contained in its proposals on the working methods of the Security Council had been overtaken by the negotiations carried out in the Open-ended Working Group on the Question of Equitable Representation on and Increase in the Membership of the Security Council, and also that some had been incorporated into the Council’s practice. Nevertheless, Cuba felt there were other elements that still merited consideration. Cuba expressed the hope that priority would be given to consideration of the need to identify ways and means of ensuring that the General Assembly could periodically assess, in practical ways, the work of the Council, including the work of the permanent members, beyond the consideration of its annual report to the Assembly. Priority should also be given to reflecting on the need for a debate on the balance between the functions of the principal organs of the United Nations.

Some delegations expressed support for the proposal to consider the recent change in the delicate balance between the functions of the General Assembly and the Security Council, to the detriment of the Assembly. Some felt that the dynamic negotiating process in the aforementioned Open-ended Working Group was addressing the points raised by Cuba, and that the Working Group was the appropriate forum for such discussions. It was also noted that there might be a barrier to having the General Assembly assess the Security Council.

On the revised proposal presented by Libya, on strengthening the role of the United Nations in the maintenance of international peace and security (document A/AC.182/2000), Libya expressed the hope that the Committee could begin its consideration in due course.

As the Committee examined the working paper submitted by the Russian Federation and Belarus, recommending that an advisory opinion be requested from the International Court of Justice as to the legal consequences of the resort to the use of force by States (document A/AC.182/2000) -- either without the prior authorization of the Security Council or outside the context of self-defence -- the Russian Federation said it was important to ensure that the system of international security established by the United Nations became a reliable impediment to armed conflict. It was recommended that the Committee continue to consider the topic at its 2001 session, taking into account the outcome of the Millennium Assembly, with a view to developing recommendations on the proposal to be submitted to the General Assembly at its fifty-sixth session in 2001.

Belarus said the proposal did not infringe upon the competence of the Security Council, and that the Court’s interpretation of Chapter VII could serve as the basis for the Committee’s development of further texts on the maintenance of international peace and security. Support was expressed for a careful review of the proposal. Another view was expressed, though, that as the matter would

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be considered at the Millennium Assembly, the Committee should not consider the proposal further.

A revised proposal submitted jointly by Sierra Leone and the United Kingdom, on the “establishment of a dispute prevention and early settlement service” (document A/AC.182/2000) received general support, according to the report. The proposal would have the General Assembly encourage States parties to any dispute to endeavour to settle it as early as possible, and urge those parties to make the most effective use of existing procedures and methods for dispute settlement. The proposal also includes provisions whereby the Assembly would encourage States to nominate suitably qualified persons who were willing to provide fact-finding services, and to nominate others for inclusion in a list of conciliators and arbitrators provided for under certain treaties. A working group of the Committee conducted a paragraph-by-paragraph discussion of the proposal.

The future of the Trusteeship Council (document A/AC.182/2000) was discussed, with some expressing support for its abolition while others noted with interest the Secretary-General’s proposal to reconstitute the Council as a guardian of the common heritage of mankind. However, it was pointed out that any change in the mandate of the Council required a revision to the Charter, and should be dealt with in the context of reform of the Organization. A third view held that the status quo should be maintained since the Trusteeship Council’s historic mission had not yet been fulfilled. Yet another view was expressed to the effect that, although the Council’s mandate had indeed been fulfilled, it should not be abolished. Malta, the delegation sponsoring the proposal that the revised Council act in trust to safeguard the environment, protect the global commons and monitor the governance of the oceans, said the proposal merited in-depth consideration. A suggestion was made, which was supported by Malta among others, that the proposal be considered on a biennial basis.

Concerning the publications of the Repertory of the Practice of United Nations Organs and Repertoire of the Practice of the Security Council (document A/AC.182/2000), the Secretary-General was commended for his ongoing efforts to reduce the backlog. The Committee noted that, following a contribution from the United Kingdom, a trust fund was being established for the updating of the Repertoire. All Member States would be invited to contribute to it. Support was also expressed for the establishment of a trust fund based on voluntary contributions, for the organization of a special programme of training of young experts willing to acquire an in-depth knowledge of the Charter and the practice of the Security Council.

The chapter dealing with the Committee’s discussion of its own working methods (document A/AC.182/2000) notes that, during the general debate, delegations underscored the importance they attached to the Committee’s efforts to improve its working methods, and suggested ways to make the Committee a more effective and result-oriented body. Particular importance was attached by some to the need to avoid duplication with the work of other United Nations organs and to have a cut-off mechanism to prevent the protracted discussions of topics without results.

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Others, however, who also agreed that improvements should be considered, felt that the format of the Committee’s procedures should remain unchanged. The view was expressed that besides perfecting the working methods, it was necessary to count on the political will of Members to debate constructively the proposals submitted to the Committee.

The Committee’s later working group discussions focused on a working paper submitted by Japan which articulated specific measures that could be approved by the Committee, covering such issues as use of conference services, conditions for submission and consideration of proposals, and review of the duration of sessions as well as of working methods.

One delegation suggested several new subjects for inclusion in the programme of future work of the Committee. However, an opposing view was expressed that since the item of identification of new subjects had not been discussed at the current session, it should not be mentioned in the report.

The report also notes the support by some delegations for close contact between the Special Committee and other bodies of the Organization dealing with various practical aspects of the issues before the Committee, including by holding joint meetings and exchanging information.

The report was introduced by the Rapporteur, Ioanna Gabriela Stancu (Romania). The other officers of the Committee are: Saeid Mirzaee-Yengejeh (Iran), Chairman; Georg Witschel (Germany), Roberto Lavalle-Valdes (Guatemala), and Juliet Semambo Kalema (Uganda) as Vice-Chairpersons.

The Committee’s current session runs from 10 to 20 April.

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