ISSUES OF DISPUTE SETTLEMENT, PEACEKEEPING, SANCTIONS ARE REVIEWED AS LEGAL COMMITTEE ENDS DEBATE ON CHARTER REPORT

Fifty-seventh General Assembly

Sixth Committee

12^th Meeting (PM)

ISSUES OF DISPUTE SETTLEMENT, PEACEKEEPING, SANCTIONS ARE REVIEWED

AS LEGAL COMMITTEE ENDS DEBATE ON CHARTER REPORT

Observer Status with General Assembly Is Recommended

For International Centre for Migration Policy Development

Observer status with the General Assembly was recommended for the International Centre for Migration Policy Development this afternoon by the Assembly's Sixth Committee (Legal) as it finished deliberations on the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization.

The Committee acted without a vote in approving the draft resolution promoting cooperation between the United Nations and the Vienna-based intergovernmental organization.  The Centre is concerned with primarily European migration issues.

Resuming the debate on the Special Committee's report, delegates expressed views on its recommendations for implementing Charter provisions in the areas of sanctions, strengthening the Organization and dispute prevention and settlement between States.

A number of speakers mentioned the resolution contained in the report.  Entitled "prevention and peaceful settlement of disputes", the text is based on a proposal by Sierra Leone.  It urges States to make the most effective use of existing procedures and methods for preventing and peacefully settling disputes in accordance with the Charter.

Further, the resolution urges enhancement of concrete steps by the Secretariat to build and improve the capacity of the United Nations to respond in matters relating to dispute prevention.  These include the strengthening of cooperative mechanisms for information-sharing, planning, and developing of preventive measures; developing a comprehensive early-warning and prevention system; training; and cooperation with regional organizations.

Nigeria’s representative noted some other mechanisms for resolution of disputes, including fact-finding missions, goodwill missions, special envoys, observers, good offices, mediation, conciliation and arbitration.  Regional and sub-regional peace initiatives were useful, as demonstrated by the Economic

Community of West African States (ECOWAS) in Liberia, Sierra Leone and Guinea-Bissau.

Questions relating to measures to mitigate the effects of sanctions also remained a first priority for speakers.

The representative of the United States said the Special Committee’s work on the question of third country effects of sanctions had contributed to the Security Council working group considering the matter.  The report and recommendations of the expert group on sanctions had stimulated much more focused thinking on the sanctions question.  The work on targeted sanctions was an example of the positive steps taken since the expert group’s report.

Iraq’s representative said sanctions were an extraordinary measure affecting the internal affairs of States.  All other avenues should be exhausted first, including missions of inquiry, arbitration, and mediation by the International Court of Justice and by regional bodies.  The Security Council’s role in imposing sanctions should be reviewed.  The General Assembly should be consulted to ensure the least influence of political considerations.

Also speaking this afternoon were the representatives of Kenya, India, Russian Federation, Pakistan, Nepal, Suriname, Egypt, Jordan, Indonesia, Mali, Sierra Leone and Ukraine

The Committee will meet again at 10 a.m. on Monday, 14 October, to begin its deliberations on the establishment of the International Criminal Court.

Background

The Sixth Committee (Legal) met this afternoon to conclude its deliberations on the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization.  The Committee was also expected to take action on a draft resolution concerning the granting of observer status in the General Assembly for the International Centre for Migration Policy Development (document A/C.6/57/L.7).

The report of the Special Committee on the Charter (document A/57/33) includes the Special Committee's recommendations on implementing Charter provisions in the areas of assistance to third countries affected by sanctions; strengthening the Organization's role in maintaining international peace and security; and preventing and settling disputes between States.  (For further details see Press Release GA/L/3210 of 3 October).

Statements

DANIEL K. KOTTUT (Kenya) said it was imperative that when sanctions were imposed it should be in accordance with Chapter VII provisions of the Charter.  Their objective should be defined and a thorough study of their effects carried out.  The time frame for sanctions should be specified and the conditions demanded of the targeted country also clearly defined.  He called for the implementation of article 50 provisions of the Charter related to assistance to third States adversely affected by sanctions.

Kenya was committed to Article 33 of the Charter on peaceful settlement of disputes and encouraged others to be the same.  Parties to conflicts must seek negotiations for settlement.  Peacekeeping and peace enforcement should remain the primary responsibility of the Security Council.  Kenya believed in close cooperation between regional organizations and the United Nations in conflict prevention, management and resolution, and called for the strengthening of bodies such as the Economic Community of West African States (ECOWAS), the Southern African Development Community (SADC) and Intergovernmental Authority for Development (IGAD).

On the future of the Trusteeship Council, he said his delegation doubted the usefulness of assigning to it global concerns and issues about the common heritage of mankind.  The Convention on the Law of the Sea and the United Nations Environment Programme (UNEP) could deal with such issues.  He said changes to the Special Committee’s working methods should enhance its ability to meet its mandate, according to the resolution which established it.

KENJIKA EKEDEDE (Nigeria) said there should be a periodic review of the success or failure of sanctions by the Security Council’s Sanctions Committee, in order to mitigate their negative impact on civilian populations.  Mechanisms should also be created to provide relief to innocent victims when “smart” or targeted sanctions against recalcitrant States failed to achieve the desired result.  A special standing consultative mechanism or a functional mechanism should be established to offset the adverse effects of sanctions and provide assistance as appropriate.

He said other measures could include the creation of a fund financed through voluntary contributions from States and international financial institutions to offset the hardship of innocent victims of sanctions.  Commercial and trade exemptions or concessions could be extended to affected third States.  The Security Council could implement the recommendations of the ad hoc expert group meeting on developing a methodology for assessing the consequences incurred by third States as a result of preventive and enforcement measures.  Among others, the expert group meeting had recommended the compilation of a tentative non-exhaustive list of potential effects of sanctions on third States to facilitate assessment of impact.

With regard to the peaceful settlement of disputes, he said he welcomed the revised informal working paper submitted by the delegation of Sierra Leone and the United Kingdom.  He noted that the draft resolution sponsored by them on the matter had been adopted by consensus.  Under operative paragraph nine, States were reminded of the need to declare their acceptance of the compulsory jurisdiction of the International Court of Justice (ICJ).  Nigeria had accepted it.  All other Member States should.  Also, States should make use of the various procedures and methods of preventing disputes and peacefully settling them.  Those included fact-finding missions, goodwill missions, special envoys, observers, good offices, mediation, conciliation and arbitration.  Regional and sub-regional peace initiatives were useful, as demonstrated by ECOWAS in Liberia, Sierra Leone and Guinea-Bissau.

BHARTRUHARI MAHTAB (India) said his country attached the highest importance to the effective implementation of Article 50 of the Charter on assistance to third countries adversely affected by the application of sanctions.  It was the Security Council’s obligation to directly focus on the effects on third States of any sanctions imposed under Chapter VII of the Charter.  To obviate those effects, he said sanctions regimes should be reviewed.  The Security Council should consider establishing a fund financed from assessed contributions based on a scale applicable to peacekeeping operations, as well as by voluntary contributions.

He urged universal consensus on the core issues involved in the proposals by the Russian Federation and Libya on sanctions.  India believed that the Charter defined the precise manner and the circumstances in which sanctions or other coercive measures could be imposed.  However, testing the legality of the sanctions on the basis of a “proportionality” criterion merited careful consideration, he stated.  Organizational controls built into the system could be more suitable for easing the financial, economic or humanitarian burdens.

DMITRY LOBATCH (Russian Federation) said the sanctions issue was a priority for the Committee and for the international community.  Sanctions were a powerful instrument of restraint and conflict deterrence.  The appropriate use of sanctions could help the work of the Security Council and raise the legitimacy of its decisions.

Another priority was the strengthening of the legal basis for United Nations peacekeeping missions.  That framework would serve as a model for the regional and sub-regional structures involved in similar operations and activities.  The Special Committee should prepare a draft statement for the Assembly on the matter during its next session.

Touching upon aspects of the report, he noted in particular the working paper on the principles of sanctions.  He said the Trusteeship Council should remain in its present role.  The time limits for meetings of the Special Committee should not be reduced.  The proposals for improving the Special Committee’s work should continue to be considered during its next session.  A working group should be established within the Sixth Committee to consider ways of mitigating the negative effects of sanctions.

SYED HAIDER SHAH (Pakistan) said his delegation supported the Cuban proposal on the strengthening of the role of the General Assembly, and also appreciated the efforts of the Assembly’s President to improve its working methods.  Pakistan shared the Special Committee’s concerns about the impact of sanctions.  Sanctions should be used sparingly and should not lead to the destabilization of the economy of the targeted State or a third State.  It endorsed the development of parameters to govern the sanctions regimes.  Pakistan called for the establishment of a comprehensive and effective compensation mechanism in line with the provisions of Article 50 of the Charter.  The Security Council should not resort to sanctions without first exhausting all other means of resolving disputes.

He said Pakistan, a contributor to peacekeeping operations, believed that such missions should continue to respond to serious threats to international peace and security.  The missions should not be terminated until their purposes had been fulfilled, he added.  Pakistan favoured the retention of the Trusteeship Council. It joined others in underlining the need for progress in the publication of the Repertory Practice of the United Nations Organs and the Repertoire of the Practice of the Security Council.

RAM BABU DHAKAL (Nepal) said sanctions were extreme measures which should be imposed as a last resort, and only when the Security Council had determined that there was a threat to peace, a breach of peace or an act of aggression.  Sanctions must never be used to punish and impoverish innocent people and to destabilize states, he said.  There should be a regular review of sanctions regimes, which should be removed once their purpose had been served.  He welcomed the efforts of the Security Council to mitigate the adverse effects of sanctions.

On the Special Committee’s working methods, he said it should consider new patterns of partnership to ensure greater cooperation among the principal organs of the United Nations.  There was need to strengthen the General Assembly and to reform its methods of work and structure.  Work on topics previously identified should be completed before the Special Committee embarked on new ones.

MICHIEL RAAFENBERG (Suriname) said the Special Committee's report was of critical importance, since it looked closely at the legal instruments on which the United Nations was based, namely at the Charter and on strengthening of the Organization.  That was paramount in light of the new challenges facing the international community.  The role of the United Nations was to meet those challenges by coordinating efforts and actions in response to them for the benefit of the international community.

He said the Organization’s critical bodies should be improved or revitalized in order to enable the Organization to effectively deal with the interests of the international community as a whole.  The Security Council should be enlarged.  The General Assembly and the Economic and Social Council should be revitalized; the Council could play a vital role in implementing the outcomes of major United Nations conferences.

Mechanisms should be developed to mitigate the negative social and economic effects on third States of the sanctions imposed on countries.

Mr. AL-HADITHI (Iraq) said sanctions were extremely harsh measures that should be used only as a last resort once all other avenues -– such as missions of inquiry, arbitration, and mediation by the International Court and by regional bodies -– had been exhausted.  When sanctions were imposed and measures were taken to implement them, the letter of the law must be followed.  The Security Council must act in accordance with the legality of international law.  The role of the Council in the imposing of sanctions should be reviewed.  Since Council decisions should reflect the will of the international community, the Assembly should be consulted in the imposing of sanctions to ensure the least influence of political considerations.

He emphasized that sanctions were an extraordinary measure, since they affected the internal affairs of States.  Once imposed, the Council should not enlarge the scope of sanctions since they had a negative effect on the people living under the conditions of the sanctions.  The sanctions imposed on his country by the Council had been among the most severe ever.  There had been 1.7 million victims from among the most vulnerable in the population.  The sanctions had not provided relief to the people in the way those imposing them had claimed.  Rather, the hardships of the people had been increased.

He said the strengthening of the Organization should continue with the reforms that would let it reflect the views of the global community.  That was the way to insure international peace and security.  It was the only way to give the Organization legitimacy.

MAHMOUD SAMY (Egypt) drew attention to the fact that no effective measures had been taken to implement the Charter provisions on assistance to third States adversely affected by the application of sanctions.  The Security Council must establish mechanisms to help them.  Sanctions should be resorted to only after all other means to resolve disputes exhausted.  There should also be guidelines for imposing them.

BISHER AL-KHASAWNEH (Jordan) said his country had suffered -- and continued to suffer -- grave economic difficulties as a result of the imposition of sanctions on States.  He called for mechanisms to help third States adversely affected by such actions, and urged implementation of Article 50 of the Charter. There should be clear international commitment to do so.  He also urged a means to mitigate the effects on vulnerable groups of such sanctions.

FERRY ADAMHAR (Indonesia) said sanctions had undeniably proved to cause tremendous hardships to third countries, particularly in the developing world.  Experience had shown that their imposition did not achieve the desired objectives, while the punitive impact created profound negative repercussions on the lives of the civilian population.  The Security Council had the competence to impose and enforce sanctions.  It had a corresponding responsibility to implement relevant provisions of the Charter, in particular to ensure that non-target third States did not bear the adverse consequences emanating from sanctions.  The Council should minimize the damages suffered by third States by establishing mechanisms to provide the much-needed relief.

Reviewing other items in the report, he noted the work on the conditions and standards for introducing sanctions.  On the paper on establishing a legal basis for peacekeeping operations, he said the success of any peacekeeping activity required the identification of a clear mandate, command structure and rules of engagement.  All efforts aimed at strengthening and revitalizing the role of the General Assembly as the highest deliberative and decision-making body should be supported.

ISSOUF OUMAR MAIGA (Mali) said sanctions should have a single goal, and should be applied once all other means were exhausted.  They should be lifted once the demands of the Security Council had been met.  The Council should take account of the concerns of third States which suffered harsh consequences as a result of the application of sanction.  The provisions of Article 50 should be implemented. He supported the establishment of trust funds to help such States whose needs must be evaluated beforehand.  He hoped the Council’s working group on the topic would come up with recommendations.

His delegation supported the proposal of the Russian Federation on the use of force by States without prior authorization by the Security Council, and its recommendation that an advisory opinion be sought from the International Court of Justice as to the legal consequences of such an act.  The representative of Mali said the use of force by a State should be in accordance with Article 51 of the Charter on self-defence.  Unilateral measures were counterproductive.  He welcomed the efforts by the United Kingdom and Sierra Leone on the question of dispute prevention and settlement which had resulted in a draft resolution to be presented to the General Assembly.

ALLIEU KANU (Sierra Leone) said he supported the proposals to continue considering the ad hoc expert group’s recommendation regarding assistance to third States affected by sanctions.  He said the use of effective sanctions was a useful tool in maintaining international peace and security.  In addition, since his country had tremendously benefited from peacekeeping missions, he supported the establishment of a legal framework for peacekeeping operations.  The strengthening of the Organization should proceed, in view of the General Assembly being the Organization’s chief deliberative body.

He said the paper on strengthening the Organization had been first tabled in 1998.  The Security Council reform was overdue.  The veto power should be restricted.  With regard to the Special Committee’s working methods, he supported proposals that had been advanced, such as for limiting the number of items on the Special Committee’s agenda.  Finally, agreement on the resolution put forward by his country and the United Kingdom was welcome.

JOHN ARBOGAST (United States) said no useful purpose was being served by the discussion of proposals that duplicated or overlapped work being done elsewhere.  He referred in particular to proposals purporting to suggest general criteria and principles for peacekeeping missions and sanctions regimes, and also sought to address general issues concerning Security Council and General Assembly prerogatives.  He said the Committee should turn its attention instead to more productive and practical work of the type on which it had successfully engaged in the past.

It was partly the result of the Special Committee’s productive work and visible efforts on the question of third country effects of sanctions that the

issue was among those being considered and acted upon by the Security Council working group on general issues of sanctions.  The report and recommendations of the expert group on sanctions –- an idea originally suggested by the United States -- had served to stimulate much more focused thinking on the sanctions question.  The work on targeted sanctions referred to by the European Union in its statement was but one example of the positive steps that had been taken in that area since the issuance of the expert group’s report.

The work of the Special Committee had also been productive in the area of dispute prevention and settlement, and he congratulated Sierra Leone and the United Kingdom for activity on that topic.  The ideas embodied in the draft resolution on the subject had the potential both to increase access to, and awareness or use of, dispute settlement tools, and also, equally important, to enhance the Organization’s early warning and dispute prevention capabilities.

He said the United States supported the useful work on updating the Repertory of Practice of United Nations Organs and Repertoire of the Practice of the Security Council and appreciated the various steps taken, including creation of and contributions to a Trust Fund to help meet that goal.

OLEKSIY ILNYTSKYI (Ukraine) said he appreciated the concrete work that had been done in the area of preventing and peacefully settling disputes through adoption of the resolution by consensus.  It was vital that all conflicts be averted at the earliest possible stage.  Adoption of the resolution should help ease conflicts throughout the world.  Also, the paper on the principles of sanctions opened up interesting questions.

The Security Council imposed sanctions on behalf of the entire Organization, he pointed out.  The Council must apply a clear methodological rationale for the use of sanctions.  A number of reports by the Secretary-General had followed the report of the ad hoc expert group.  Consideration of the expert group’s recommendations and of the question of the effect of sanctions on third States should continue during the next meeting of the Special Committee.

Action on the Draft

The Committee took up the resolution on granting observer status for the International Centre for Migration Policy Development in the General Assembly (document A/C.6/57/L.7).  Introduced by Austria, the draft had been sponsored by nine countries. 

The draft resolution was approved without a vote.

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