Fifty-sixth General Assembly

Sixth Committee

7^th Meeting (AM)

DELEGATES CALL FOR REVIEW OF EFFORTS TO MINIMIZE UNINTENDED

EFFECTS IN IMPOSITION OF UNITED NATIONS SANCTIONS

Concern is Expressed in Legal Committee over Humanitarian

Aspects and Negative Consequences for Third Parties; Guidelines Sought

As the Sixth Committee (Legal) continued its review of the Charter Committee report this morning, Sierra Leone’s representative called for the establishment of criteria and procedures to minimize unintended negative effects of sanctions on third States.

In addressing the Committee, which was also considering the strengthening of the Organization's role, he said the question of applying sanctions was a priority item for the Special Committee.  He questioned how the cooperation of third States could be secured if sanctions were the source of major economic distress for them.

The representative of the Russian Federation described sanctions as a powerful means of supporting the resolution of international conflicts.  However, he agreed that the objectives must be clearly defined and humanitarian aspects considered.  An entire State should not be subject to hardships in the implementation of sanctions.

The representative of Ukraine expressed concern that there appeared to be some stagnation on progress toward a methodology for the imposition, application and lifting of sanctions.  He called for the Charter Committee to schedule a special in-depth discussion.

Also speaking on that subject this morning were the representatives of Algeria, China, Nigeria, Cuba, India, Turkey, Kenya, Guatemala, Egypt, Libya, and Haiti.

On another matter, the Sixth Committee considered a request for Observer Status for the Monaco-based International Hydrographic Organization.  Introducing a draft resolution on the request, Monaco described the organization as a consultative and technical intergovernmental organization with 69 members from every region.  Malaysia, Egypt, Colombia, Morocco and Sierra Leone spoke in support of the draft resolution.

The Sixth Committee will take action on the text at its next meeting, at 3:00 p.m. tomorrow, Friday 12 October, when it is also expected to conclude its debate on the report of the Special Committee on the Charter of the United Nations and on Strengthening of the Role the Organization.

Background

The Sixth Committee (Legal) met this morning to continue its debate on the report of the Special Committee of the Charter of the United Nations and on the Strengthening of the Role of the Organization.  The report contains details of the Special Committee’s work at its 2001 session, which took place at Headquarters from 2 to 12 April.

The Committee will then take up an item on the request by the International Hydrographic Organization for observer status in the General Assembly.  The request was made on behalf of the organization by Monaco (document A/56/145).

In a memorandum attached to the request, Monaco stated that the International Hydrographic Organization was a consultative and technical intergovernmental organization with 69 members from every region.  The organization began work in 1921 from its headquarters in Monaco.

According to the memorandum, the organization was a recognized source of guidance in all matters relating to hydrography and nautical cartography.  It often acted as a coordinating body for the promotion of projects while endeavouring to establish even closer relations with the international finance institutions.  It arranged advisory visits to countries that requested them, especially from the developing world.

Statements

VLADIMIR Y. TARABRIN (Russian Federation) said he was convinced of the significant contributions the Special Committee on the Charter had made to the implementation of the Millennium Summit declaration on the preservation of international peace and security.

On the application of sanctions, he said it was a powerful means of supporting the resolution of international conflicts.  Its objectives must be clearly defined and humanitarian aspects considered.  It should not lead to further humanitarian disaster.  An entire State should not be subject to hardships in the implementation of sanctions.

He expressed special gratitude to States that made useful contributions during discussions in the Special Committee on Russia’s paper on the question of basic criteria for introduction of sanctions.  He hoped the Special Committee would be able to complete its work on the topic.

On the future of the Trusteeship Council, which was discussed at the Special Committee’s session, he said a cautious approach was required in assigning it new functions as some delegations did during the session.  Since the Trusteeship Council had not completely fulfilled its mandate, he said there was no need to amend the Charter to provide it with new functions.

He said the Russian Federation favoured the preservation of the work methods of the Special Committee in its current form.

ALI HAFRAD (Algeria) reaffirmed the importance of the work of the Special Committee on the Charter, including in the area of international peace and security and the settlement of disputes among States.

He said it was understandable that third States affected by the application of sanctions should seek remedies under the relevant Charter provisions.  Sanctions should be imposed as a last resort after all other means had been exhausted.  There should be objective evaluation of the reason for their application, with humanitarian aspects taken into consideration.  Sanctions should be lifted at the appropriate time to avoid a humanitarian disaster.

He said the Special Committee should continue to examine the proposal submitted by Cuba on the strengthening of the role of the Organization and enhancing its effectiveness.  The Special Committee could contribute to the debate on the topic as other bodies were doing.  He also supported a joint proposal by Belarus and the Russian Federation for an advisory opinion by the International Court of Justice on the legal consequences of the resort to the use of force by States without Security Council authorization.  The General Assembly could seek that opinion.

He also said that it was premature for the Special Committee to take a decision on the future of the Trusteeship Council.

SU WEI (China) said United Nations sanctions were necessary for resolving international disputes, but they should be used prudently since they could result in significant, wide-ranging and complex consequences, particularly in adversely impacting third States.  Every effort must be made to minimize and limit the use of such measures and they should be assessed continuously.  Also, the provisions of the Charter related to sanctions should be carefully reviewed for a full understanding of the mechanism.

The international community should provide substantive support for the legitimate and reasonable demands of the third States affected by sanctions.  The United Nations should actively explore options, such as the possibility of establishing a trust fund for that purpose.  The revised working paper submitted by Russia on the matter was a good guideline.

He said the working paper submitted by Japan contained good ideas for improving the working method of the Special Committee.  Also notable was another working paper by Russia regarding the legal basis of peacekeeping operations.  A declaration guiding peacekeeping operations should be formulated so that those operations abided by basic norms and acted strictly in accordance with their mandate.  The working paper by Sierra Leone and the United Kingdom on peaceful settlement of disputes between States was particularly useful.

 As to the future role of the Trusteeship Council, he said, there should be formulated an amendment to the Charter, in the context of reforming the Organization.

KENJIKA EKEDEDE (Nigeria) said sanctions should be applied with caution only when all other means of peacefully settling disputes had been exhausted.  They should have concrete goals with a view to termination when those objectives were achieved.  They should be reviewed periodically for their impact on vulnerable groups such as women and children, as well as for their effects on third States. 

He said the existing mechanisms for peacefully settling disputes should be strengthened.  The International Court of Justice, as the principal judicial organ of the United Nations, should be strengthened with adequate resources.  The working paper on the subject by Sierra Leone contained valuable proposals that would help the Special Committee in its work.  States should make use of all methods for preventing or resolving disputes, including through fact-finding or goodwill missions, special envoys, observers, good offices, mediation, conciliation and arbitration.

He said the Trusteeship Council should not be abolished but should be assigned new roles in keeping with its position as a principal organ of the Organization.  Finally, the working methods of the Charter Committee should be streamlined, including by concentrating on selected topics, coordinating with other United Nations bodies to avoid duplication, setting time limits for considering proposals and devising a cut-off mechanism for items not yielding results. 

SORAYA ELENA ALVAREZ NUNEZ (Cuba) said the work of the Special Committee on the Charter in strengthening the Organization was particularly important at this time.  The Special Committee should be the natural forum and instrument to promote the work and strengthen purposes of the Organization.

While supporting the present work methods of the Special Committee, she believed that some procedural aspects of its functions could be perfected.  She spoke of attempts being made to undermine some Charter bodies, and stressed that the Special Committee was the forum for discussions about any reform of the Organization.  It was necessary to strengthen the legislative bodies of the Organization.

She said a definitive solution should be found for the question of the implementation of Charter provisions on assistance to third countries affected by the application of sanctions.  The issue could not be separated by the general question of the application of sanctions, as well as the reform of the Security Council.

NARINDER SINGH (India) said economic embargoes and trade sanctions had caused great hardship to third party States, especially developing countries.  The Security Council, which had imposed and enforced sanctions, was also responsible for alleviating the damages suffered by third parties, by simultaneously creating mechanisms to provide such relief.

He said India fully endorsed the recommendations of the ad hoc expert group that the Council should carefully consider the potential effects of sanctions, both on the target States and on third countries, before imposing such measures.  The revised proposal of the Russian Federation on basic conditions and criteria for imposing sanctions and implementing measures was a useful basis for further consideration.  The Libyan proposal on the responsibility of the United Nations to avoid or minimize financial or economic burdens over and above those resulting from the direction application of punitive measures also merited further consideration.

He said the Cuban proposal on strengthening the role of the United Nations and enhancing its effectiveness, including reforming the Security Council, was also important.  His delegation also welcomed the thrust of the revised proposal by Sierra Leone and the United Kingdom on resorting to all available means to peacefully settle disputes.

TEOMAN UYKUR  (Turkey) said that as a third State which had suffered considerably from the adverse effects of sanctions being applied to other States, his country expected the deliberations on assistance to such States to be concluded without delay.  A functional mechanism should be established to deal with the issue.  He noted that three years after the issuance of the Secretary-General’s report on the views of Governments and relevant international organizations, the issue -- despite its urgent nature -- had still not been systematically dealt with in the Special Committee. 

Practical ideas to tackle the hardships shouldered by third States had been presented to the Committee.  They included:  according commercial exemptions or concessions to the most affected third States, directly consulting with those States, establishment of a fund, and giving priority to the contractors of the third States for the humanitarian investments in the target State.

Regarding a peaceful settlement of disputes, he said the consent of parties to a certain dispute should be required for referring the disagreement to the dispute-resolving board.  He spoke of the working methods of the Committee and said it could be utilized more efficiently than had been the case in its recent sessions.  It was important to start the meetings on time and to better utilize conference services.

VOLODYMYR KROKHMAL (Ukraine) said that although the Charter Committee had not always succeeded in carrying out its mission, it continued to make a useful contribution.  It should take a closer look at its programme of work, which was the key to increasing its effectiveness, and consider renewing its agenda in light of recent developments in the area of revitalization of the Organization's work and the proposals in the Secretary-General's most recent report.

He expressed appreciation for efforts by the delegation of Japan to make a practical contribution to streamlining the Special Committee's working methods.  Although there had been no consensus this year on Japan's draft paper, the very consideration of the question had resulted in the eventual improvement of the work of the Committee in better use of conference resources and, most important, in visible progress in consideration of a number of agenda items.

He said sanctions must remain a necessary and important policy instrument in the hands of the Security Council.  It was of utmost importance that the Council apply a clear and coherent methodology for the imposition, application and lifting of measures under Chapter VII.  At the same time, he said, Ukraine noted a certain stagnation in the Special Committee's work on that issue.  The time was ripe for the Charter Committee to hold an in-depth discussion.

DANIEL KOTTUT (Kenya) said economic sanctions were a ghastly weapon against target States and third States.  They had negative socio-economic impacts on development, destabilized commerce and destroyed the economic fabric nationally and beyond the borders of the target State.  Efforts should be made to employ Article 50 of the Charter, which referred to third States and which had been neglected.  A mechanism and/or fund should be established to provide relief to those States.

He said Kenya applauded the peace-building initiatives of the Organization of African Unity (OAU) on the unresolved conflicts in the Democratic Republic of the Congo, Burundi, Somalia, the Sudan, Sierra Leone and Angola.  While peacekeeping and peace enforcement should remain the primary responsibility of the Security Council, close cooperation between regional organizations and the United Nations should be encouraged.

Recent efforts by countries in Africa to find the best way to promote security were encouraging, he said.  Kenya called for the strengthening of regional bodies in recognition of their contribution to conflict prevention, management and resolution.  He cited the Economic Community of West African States (ECOWAS), the Southern African Development Community (SADC)and more recently the Common Market for East and Southern Africa (COMESA) and the inter-governmental Authority on Development (IGAD), all of which worked under the auspices and within the framework of the OAU.

ALLIEU I. KANU (Sierra Leone), referring to sanction regimes and their impact on third States, said that Sierra Leone believed that the establishment of criteria and procedures minimizing negative effects on such States would greatly contribute to a greater effectiveness of some sanctions.  The success of sanctions depended on the cooperation of third States.  How could such cooperation be given if it became the source of major economic distress, he asked.  Sierra Leone believed a balance must be found between sanctions regimes and humanitarian assistance, and that no sanctions should be imposed for an unlimited period of time.

He said he was disappointed that the item 'peaceful settlement of disputes', co-sponsored by the United Kingdom and Sierra Leone, had still not received unanimous adoption.  The proposal, and the observations made by delegations, represented a balanced position.  He hoped the proposal would finally be adopted by consensus next session.

Concerning the proposal on peacekeeping operations in the context of Chapter VI of the Charter, he stressed that his country had benefited from an unprecedented peacekeeping operation.  However, it was not without problems, and any proposal aiming to improve legal mandates and peacekeeping operations was a welcome development.

ROBERTO LAVALLE-VALDES (Guatemala) said the Special Committee had been more vibrant and had shown more interest in a range of subjects than the previous year, but, it was unfortunate there had not been more work on the issue of sanctions.  The ideas were a repetition of those formerly stated, and were not presented in the form of resolutions that could be presented to the General Assembly.  The working paper on sanctions showed that more work needed to be done.  It also indicated the possibility that there would be duplication between the Committee’s work on sanctions and the work of the Security Council on the same issue. 

While the paper on peacekeeping did not duplicate the Security Council’s work, it suggested the risk that some aspects of the work would, he said, be duplicated.  An appropriate way for the Assembly to adopt a suggestion by the Committee would be  to offer its endorsements, as on reform of the Security Council.

MOHAMMED GOMAA (Egypt) said the unprecedented international circumstances during the current session of the General Assembly presented an opportune time to look at certain issues such as sanctions.  Sanctions should never be used as a political tool.  Their harmful and collateral effects must be taken into account, particularly when their effects were widespread, as they had been in Iraq and Libya.  That brought the issue into the area of third-country interests.

He said the Charter had never been intended to hurt third States.  In fact, it had provided a mechanism whereby all parties were consulted before steps such as sanctions were taken.  Other steps could be taken, including coercive measures, along with a specific mechanism for reviewing claims by third parties. 

Bodies of the Organization, such as the General Assembly and the Economic and Social Council , were charged with determining the effects of such mechanisms, as well as with the task of devising methods for burden-sharing so that third party States would not have to bear the burden alone.  A group of experts with direct experience in the matter should be brought together.

AHMED ELMESSALLATI (Libya) said the Special Committee’s work was welcome, presenting great hope that the Charter and its principles would be applied through mechanisms that would not have negative implications. 

On the issue of sanctions, he said his country was familiar with the matter, after enduring sanctions for eight years as a result of the misused veto and of arbitrary considerations.  The entire country’s rights to such basic substances as food had been violated.  That was one reason why the Special Committee should consider the problem, and find ways to mitigate the hardships of States suffering from such measures.

He said the suggestions in his report on better transparency at the United Nations could be handily summed up.  First, the role of the General Assembly in conflict resolution should be strengthened.  Then, the Assembly should monitor and follow up on the work of other bodies to confirm objectivity.  The relationship between the Assembly and the Security Council should be clarified.  The detrimental effect of the veto in the Security Council should be examined.  Equitable standing and relations between States should be ensured, and threats to States should be discussed so as to diminish them.  Finally, States should participate in discussions when their interests were involved.

He said many good ideas for strengthening international peace and security had been presented in the Committee.  One way was to strengthen the Assembly’s role.  The International Court should render a legal opinion in cases where the imposition of sanctions was questionable.

BEATRICE EUGENE (Haiti) noted that the Special Committee had taken up important items during its session, including the question of the maintenance of international peace and security.  It was important that the working group of the Security Council continued its work on the study of the negative effects of sanctions on third States.  She said she supported the creation of a trust fund to help countries affected by sanctions, as proposed by the non-aligned groups.

Sanctions should be imposed on an exceptional basis, after all avenues had been exhausted.  Their objectives must be spelt out and the negative effects minimized.

She said the Special Committee should adopt recommendations to end the marginalization of the General Assembly.  She also said the Trusteeship Council

should be assigned the functions of protecting the common heritage of mankind as well as the environment.

On the working methods of the Special Committee, she said it was important that it completed the examination of topics before embarking on new ones.

     Observer Status for International Hydrographic Organization

JACQUES LOUIS BOISSON (Monaco) said the International Hydrographic Organization was a consultative and technical body established by a convention adopted at a conference at Monaco on 3 May 1967, and registered with the United Nations Secretariat on 22 September 1970.  (A predecessor body -– the International Hydrographic Bureau -- began operation in 1921 in Monaco following a series of conferences in 1908, 1912 and 1919).

The organization had two principal bodies; the International Hydrographic Conference and the International Hydrographic Bureau.  He said that at the invitation of the United Nations Under-Secretary-General for Legal affairs, the International Hydrographic Organization had been associated regularly with the work carried out at meetings of States parties to the United Nations Convention on the Law of the Sea.  It had also participated in the open-ended informal consultative process that the General Assembly established by its resolution 54/33 to facilitate its annual review of developments in ocean affairs.

He then introduced a draft resolution (A/C.6/56/L.2) by which the General Assembly would invite the International Hydrographic Organization to participate in its sessions and its work in the capacity of observer.

By the text, the Assembly would request the Secretary-General to take the necessary action to implement the resolution.

Malaysia, Egypt, Colombia, and Morocco supported the request for observer status for the organization.  Sierra Leone asked whether the organization was an exclusive club or had African members other than Algeria.  Upon being told by the representative of Monaco that it was an intergovernmental body, open to all, the representative of Sierra Leone said he would recommend participation in its work to his Government.  He then said his delegation supported the draft resolution.

The Chairman said action on the draft resolution would be taken at the Sixth Committee’s next meeting.

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