LEGAL COMMITTEE SEEKS ACTION ON BEHALF OF ‘THIRD STATES’ AFFECTED BY APPLICATION OF UNITED NATIONS SANCTIONS

Press Release
GA/L/3173

LEGAL COMMITTEE SEEKS ACTION ON BEHALF OF ‘THIRD STATES’ AFFECTED BY APPLICATION OF UNITED NATIONS SANCTIONS

Second Text Looks to Security Council Consideration of Issue; Assembly Observer Status Recommended for Central African Economic Community

In action this afternoon, the Sixth Committee (Legal) approved three draft resolutions and one decision, all without a vote.

By a draft on the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, the General Assembly would request that Committee to give priority to the implementation of the provisions of the United Nations Charter related to assistance to third States affected by the application of sanctions under Chapter VII, as well as a review of its own working methods to enhance its efficiency.

The Special Committee would further be asked to continue to consider proposals relating to the peaceful settlement of disputes, including the proposal on the establishment of a “dispute settlement service”; to the enhancement of the role of the International Court of Justice, and to the Trusteeship Council. Also, according to the text, the next session of the Special Committee would be held from 2 to 12 April 2001.

The representative of Colombia spoke in explanation of position after the action on that draft. The Chairman of the Sixth Committee, Mauro Politi (Italy), also made a statement on the draft.

By another text approved by the Committee, on the specific issue of assistance to third States affected by the application of sanctions, the Assembly –- expressing concern about the special economic problems confronting certain States arising from the carrying out of preventive or enforcement measures taken by the Security Council against other States – would renew its invitation to the Council to consider further mechanisms, or procedures for consultations, as early as possible.

The Assembly would ask the Secretary-General to ensure that competent units within the Secretariat develop the adequate capacity and technical procedures and guidelines to collate information about international assistance available to

Sixth Committee - 1a - Press Release GA/L/3173 33rd Meeting (PM) 17 November 2000

third States, and to continue developing a possible methodology for assessing the adverse consequences actually incurred by third States.

Explanations of position were made following the action by the representatives of Hungary and the Russian Federation.

By a further draft, the Committee also recommended that the General Assembly grant observer status in the Assembly to the Economic Community of Central African States.

The Committee approved a decision to defer until the Assembly’s fifty-sixth session next year, action on the request for observer status for the International Institute for Democracy and Electoral Assistance.

The representative of Sweden spoke after the action.

The Committee was briefed on informal consultations on the draft resolution on measures to eliminate international terrorism by the coordinator on the issue, the representative of Canada.

The Sixth Committee will meet again on Tuesday, 21 November, at a time to be announced in the Journal.

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Committee Work Programme

The Sixth Committee (Legal) met this afternoon to act on two requests for observer status in the General Assembly for the Economic Community of Central African States and for the International Institute for Democracy and Electoral Assistance.

The Committee was then to hear the introduction of, and take decision on, draft resolutionS on the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, and on the implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions.

By the draft on Observer Status for the Economic Community of Central African States in the General Assembly (document A/C.6/55/L.20), the Assembly would invite the organization to participate in its sessions and work in the capacity of observer. The Secretary-General would be requested to take the necessary action to implement the resolution. The draft text is sponsored by Angola, Burundi, Cameroon, Central African Republic, Equatorial Guinea, Gabon, Ireland and Sao Tome and Principe.

A draft decision on Observer Status for the International Institute for Democracy and Electoral Assistance in the General Assembly (document A/C.6/55/L.14) would have the Assembly defer to its fifty-sixth session in 2001 a decision on the request for observer status by the Institute.

Also before the Committee is a draft resolution on the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (document A/C.6/55/L.7) sponsored by Egypt.

The draft would have the General Assembly request the Special Committee to continue its consideration of all proposals relating to the maintenance of international peace and security, in order to strengthen the role of the United Nations. The Special Committee would be requested to consider on a priority basis the question of the implementation of the provisions of the Charter related to assistance to third States affected by the application of sanctions under Chapter VII. In that endeavour, the Special Committee should consider reports of the Secretary-General, proposals submitted on the subject and the latest Sixth Committee debate on the question, as well as previous General Assembly resolutions on the matter.

The Special Committee would also be requested to continue consideration of proposals relating to the peaceful settlement of disputes, including one on the establishment of a dispute settlement service, offering or responding with its services early in disputes, as well as those proposals relating to the enhancement of the role of the International Court of Justice.

The draft also seeks continued consideration of proposals relating to the Trusteeship Council.

In the draft, the Assembly would invite the Special Committee to continue to identify new subjects for its future work, to discuss how to assist working groups of the Assembly and to consider ways of improving coordination with those groups dealing with reform, including the role of the Chairperson of the Special Committee for that purpose. The Special Committee is also asked to continue to consider, on a priority basis, ways of improving its working methods and enhancing its efficiency, with a view to identifying widely acceptable measures for future implementation.

By other terms of the draft, the Assembly would decide that the next session of the Special Committee be held from 2 to 12 April 2001.

By a draft resolution on Implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions (document A/C.6/54/L.3/Rev.1), the Assembly would express its concern about the special economic problems confronting certain States arising from the carrying out of preventive or enforcement measures taken by the Security Council against other States.

In recalling the right of third States to consult the Security Council with regard to a solution of those problems, the Assembly would renew its invitation to the Council to consider further mechanisms or procedures for consultations as early as possible, including appropriate ways and means for increasing the effectiveness of its methods and procedures applied in the consideration of requests by the affected States for assistance. The Assembly would once again welcome the further measures taken by the Council to increase the effectiveness and transparency of the sanctions committees.

The Assembly would request the Secretary-General to ensure that competent units within the Secretariat develop the adequate capacity and appropriate modalities, technical procedures and guidelines, on a regular basis, to collate and coordinate information about international assistance available to third States, and to continue developing a possible methodology for assessing the adverse consequences actually incurred by third States, and to explore innovative and practical measures of assistance to the affected third States.

The Secretary-General would be further requested to present his views on the deliberations and main findings, including the recommendations, of the ad hoc expert group on the application of sanctions, taking into account the views of States, and United Nations organizations and international financial institutions, and to provide information on other developments, particularly in the work of the sanctions committees.

The Assembly would take note of the decision of the Economic and Social Council to continue consideration of the question of assistance to third States affected by sanctions.

The Assembly would invite the organizations of the United Nations system, international financial institutions, other international organizations, regional organizations and Member States to address more specifically and directly, where appropriate, special economic problems of third States.

The Assembly would also decide at its next session to consider, within the Sixth Committee, or a working group of the Committee, further progress in the elaboration of effective measures aimed at the implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions under Chapter VII of the Charter.

The draft is sponsored by Bulgaria, Russian Federation and Ukraine.

Action on Drafts

The Committee approved, without a vote, the draft decision deferring until its session next year consideration of observer status for the International Institute for Democracy and Electoral Assistance.

ELISABETH EKLUND (Sweden), speaking after the action, said her delegation would engage those who had raised questions or expressed concerns about the status and work of the Institute in order to clarify matters. She expressed the hope that the Sixth Committee would be in a position to make a positive recommendation on the granting of observer status to the Institute in the General Assembly at its fifty-sixth session next year.

The Committee then approved, also without a vote, the draft resolution granting observer status for the Economic Community of Central African States in the General Assembly.

The draft resolution on the Charter of the United Nations was then introduced by the representative of Egypt.

MAURO POLITI (Italy), Chairman of the Sixth Committee, then made the following statement: “With regard to paragraph 3 (b) of the draft, it is my understanding that the Special Committee is thereby requested to continue to consider on a priority basis the question of the implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions under Chapter VII of the Charter, taking into consideration, inter alia, all the proposals submitted during the debate on the subject which was held in the Sixth Committee at the fifty-fifth session of the General Assembly, including those reflected in document A/C.6/55/L.4 presented by the Libyan Arab Jamahiriya.”

The Committee then approved the draft without a vote.

MIRZA GNECCO (Colombia), speaking in explanation of position, said she would have preferred paragraph 4 (dealing with the Secretary-General’s effort to reduce the backlog of certain United Nations publications) to reflect with greater clarity the importance of reducing the backlog, in light of the importance of the publications to all delegations. [The text referred to the publications “Repertory of Practice of United Nations Organs” and “Repertoire of the Practice of the Security Council”.]

The representative of Nigeria introduced the draft resolution on assistance to third States affected by sanctions, which the Committee proceeded to approve without a vote.

GYORGY SZENASI (Hungary), explaining his position, said the text represented the only compromise that could be found. He appreciated the effort to find consensus but was concerned that the draft did not remove two main obstacles --

namely, there was no indication when the report of the Secretary-General would be submitted and burdensome conditions had been placed on him in issuing the report, and also there was uncertainty about the establishment of a working group. The Committee would have done better if it had concentrated on those two issues, rather than be distracted by unrelated matters.

IGOR PANEVKIN (Russian Federation), also speaking in explanation of position, thanked the Coordinator of the consultations for his help in resolving that complicated matter.

ANDRAS VAMOS-GOLDMAN (Canada) said the delay in the introduction of the draft text on measures against international terrorism (document A/C.6/55/L.17) arose from the “intense and useful” consultations that had been going on with the hope of reaching a consensus. He remained open to delegations for consultation.

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