UNITED NATIONS CHARTER COMMITTEE STRESSES CENTRAL POLICY ROLE OF GENERAL ASSEMBLY, AS IT CONCLUDES SESSION

Committee on Charter

and United Nations Role

239^th Meeting (AM)

UNITED NATIONS CHARTER COMMITTEE STRESSES CENTRAL POLICY ROLE

OF GENERAL ASSEMBLY, AS IT CONCLUDES SESSION

The Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization this morning supported the revitalization of the General Assembly as the chief deliberative, policy-making organ and representative organ of the Organization, as the Committee completed the adoption the of its report, as orally amended, and closed its 2001 session.

The statement on the General Assembly’s role in the Organization, based on a proposal by Cuba, was added to the Committee’s report to the General Assembly.  The chapters approved this morning (documents A/AC.182/2001/CRP.4-12) reflected the deliberations of the Committee's Working Group of the Whole on the impact of sanctions on third-parties, the maintenance of international peace and security, the peaceful settlement of disputes, and its own working methods, among other issues.

The Cuban proposal, along with a proposal by Chile on coordination with other bodies of the United Nations, was approved by consensus this morning.  Those recommendations will be added to the report as Chapter II.

The Cuban text was approved during the adoption of the portions of the report that presented the working group’s consideration of a working paper submitted by Cuba at the 1997 and 1998 sessions of the Committee, entitled “Strengthening the role of the Organization and enhancing its effectiveness” (document A/AC.182/L.93 and Add.1).  That paper emphasized the central position of the General Assembly as the chief policy-making body of the United Nations and advocated Security Council reform.  While expressing a readiness to examine any written recommendation submitted by the sponsor of that paper, doubts were expressed by some delegations on the usefulness or appropriateness of continued consideration of the original proposal, according to the report.  However, the Cuban amendment was accepted without a vote, although the representative of the United States formally expressed his country's reservations about it.

The Chilean proposal, as amended by Germany and India, was approved during the adoption of the section on “Assistance on the revitalization of the work of the United Nations assistance to working groups and coordination between the special committee and other bodies of the United Nations dealing with the reform of the Organization”.  It recommends to the General Assembly that it express “the readiness of the Special Committee to provide, within its mandate, such assistance as may be sought at the request of other subsidiary bodies of the General Assembly, in relation to any issue before them or the Committee”.

The section of the report adopted this morning also contains the working group’s consideration of a working paper submitted by Libya.  That paper, entitled “Strengthening of certain principles concerning the impact and application of sanctions” (document A/AC.182/L.110 and Corr.1), expressed legal concerns generated by its sponsor’s experience as the subject of sanctions which, it said, had catastrophic results, particularly on its civilian population.  In the discussion of that paper, delegations stressed that sanctions should be imposed only as a last peaceful resort, and that “smart” targeted sanctions needed to be developed.

The Committee also adopted the part of the report that presented the working group’s continued consideration of a working paper submitted by the Russian Federation entitled “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/L.189/Add.2 and Corr.1) submitted to the Special Committee at its 1998 session.  That paper stressed the need for a clear framework and legal criteria to improve the effectiveness of peacekeeping operations.  In discussion, many delegations advocated pursuing its proposals, but some contended that those issues should be undertaken by more competent and experienced bodies.

The representative of Nigeria, among others, said that the recommendations contained in the Russian Federation peacekeeping paper should not be forwarded by the Committee to the General Assembly, as there was no consensus on it.  Rather, it should be submitted to the Sixth Committee as a proposal of the Russian Federation.  The Chairperson, Mirza Cristina Gnecco (Colombia), proposed to emphasize more strongly, in the report, that no consensus had been reached on the recommendations contained in that paper.  That change was accepted.

Consideration of another revised working paper, submitted by Belarus and the Russian Federation (document A/AC.182/L.104/Rev.1), was also summarized in the report.  That paper recommended 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 either without prior authorization of the Security Council or outside the context of self-defence.  Some delegations voiced support for the proposal, contending that marginalization of the General Assembly hampered that body's activity in those matters, while the Security Council seemed to be paralysed on certain issues.  On the other hand, other delegations reiterated their view that it would not be useful to request an advisory opinion of the Court on the issue.  Without consensus, the point was made that the proposal could be submitted for an advisory opinion directly to the Security Council.

The report also presents consideration of the revised proposal submitted by Sierra Leone and the United Kingdom on dispute prevention and settlement, which had been submitted at the 2000 session of the Special Committee.  Some delegations, noting that the proposal had received wide support when it was submitted, advocated concluding discussion on it.  Others, however, while supporting it as a basis for further work, pointed out that it essentially focused on dispute settlement.  Dispute prevention and dispute settlement should be accorded equal treatment in future work.

Proposals concerning the Trusteeship Council are also considered in the report.  During a general exchange of views on that issue, some delegations expressed the view that even though that Council might be seen as having fulfilled its historic mission, it would be premature to abolish it or assign new functions to it.  In the working group, the delegation of Malta referred to the proposal it had submitted earlier (document A/50/143) to convert the Council into a guardian of the common heritage of mankind.  It was pointed out that any such change in the mandate of the Council would entail an amendment of the Charter as part of reform of the Organization.  In that case, the view was expressed that the Special Committee could carry out useful technical work on the issue.

On the topic, “Repertory of Practice of United Nations Organs and Repertoire of the Practice of the Security Council” the report states that support was expressed for a speedy updating of those two publications.  As the number of staff members assigned to that task remained insufficient, the General Assembly should consider further ways of addressing the problem. 

The final section of the report adopted this morning contains consideration of the working methods of the Special Committee and the identification of new subjects.  Discussions in the working group on that topic centered on the working paper (document A/AC.182/L.108) submitted by Japan at the 2000 session of the Committee.  That paper advocates means of preventing duplication of other Committee’s work and other methods of increasing the efficient use of the Committee’s time.

The Charter Committee was established in 1974 to examine 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.  It was asked by the Assembly, in its fifty-fifth session, to continue 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 Committee’s current session began on 2 April.  The Committee is chaired by Mirza Cristina Gnecco (Colombia).  Ferry Adamhar (Indonesia), Gocha Kordkipanidze (Georgia) and Koffi Gaston Yao (Côte d'Ivoire) are Vice-Chairpersons.

The Committee’s report was introduced yesterday afternoon by the Rapporteur, Teoman Mustafa Uykur (Turkey).  Additional sections of the report were adopted yesterday afternoon.  [For further information, see Press Release L/2980 of 11 April.]

Also speaking today were representatives of Cuba, Iraq, Russian Federation, Sweden, Sierra Leone, United Kingdom, France, Germany, Mexico, Belgium, Ukraine, Philippines, Argentina, Chile, India, Kenya, Pakistan (on behalf of the Asian Group), Czech Republic (on behalf of the Eastern European Group), Cuba (on behalf of the Latin American and Caribbean Group), Nigeria (on behalf of the African Group) and Belgium (on behalf of the Western European Group).

The Committee’s next session will be held at a time to be announced.

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