Committee on Charter                                        L/2998/Rev.1*

 and United Nations Role                                    27 March 2002

242^nd Meeting (AM)

SPECIAL COMMITTEE ON CHARTER ADOPTS DRAFT REPORT OF ITS 2002 SESSION

The Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization called for the continued strengthening of the capacity of the Organization to detect early warning signs that could help prevent disputes, in a draft resolution approved this morning, as the Committee adopted its report and closed its 2002 session.

By the resolution based on proposals by Sierra Leone and the United Kingdom, the Assembly will recall the importance of peacefully settling disputes.  It will also emphasize the importance of early warning in preventing disputes and promoting their peaceful settlement.  The Assembly will urge the Secretariat to take concrete steps to improve the United Nations response capacity in dispute prevention, including by strengthening information-sharing and developing preventive measures.

Further, the Assembly will urge that a comprehensive plan be drawn up for a revived early warning and prevention system, including with components for training and cooperation with regional organizations.   And since multilateral treaties provided for listing conciliators and arbitrators, the Assembly will encourage States to nominate qualified persons, both for the lists and for a register of fact-finding services to be set up by the Secretary-General.

Also this morning, the Committee approved a number of chapters on its deliberations concerning the maintaining of international peace and security.  One was on a priority issue, that of considering the implementation of Charter provisions in relation to assisting third States affected by sanctions.  Also approved in relation to sanctions was a recommendation by Spain for the General Assembly to continue considering the results of the ad hoc expert group's meeting on sanctions during the fifty-seventh session.  A recommendation by Bulgaria, also approved, requests the Secretary-General to expedite his report on sanctions for consideration by the Sixth Committee (Legal) during the same session.

Continuing with matters concerning the maintenance of international peace and security, the Committee approved a chapter based on a working paper of the Russian Federation, on the criteria for imposing and implementing sanctions and other enforcement measures.  Also approved was a chapter based on a working paper by Libya for strengthening certain principles underlying the impact and application of sanctions; a chapter on the fundamentals of the legal basis for peacekeeping operations, based on a working paper by the Russian Federation; and

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*     Reissued to replace first paragraph.

considerations on strengthening the Organization's role and enhancing its effectiveness, based on papers by Cuba.  That country also made a recommendation which the Committee approved, to recognize the value of continuing to consider measures within the United Nations with a view to revitalizing the General Assembly as the chief United Nations organ.   

A second priority issue before the Committee was a review of its own working methods.  Partly in response to that Assembly request, the Committee finished its work two days ahead of schedule, after beginning its session on 18 March.  Other matters taken up in relation to its working methods included the identification of new subjects for its consideration and coordination between it and other working groups dealing with reform of the Organization.

Finally, the report contains chapters on the Committee's deliberations about proposals concerning the Trusteeship Council and on the repertory of practice of United Nations Organs and the Repertoire of the Practice of the Security Council.

Speaking this morning on all items were the representatives of Guatemala, Russian Federation, Libya, Hungary, Spain, Bulgaria, Iraq, United Kingdom and Cuba.

Contained in 13 chapters (document A/AC.182/2002/CRP.1-13, including CRP.9/Add.1), the report was introduced by the Committee Rapporteur, Gaile Ann Ramoutar (Trinidad and Tobago).  It reflects the deliberations of its Working Group of the Whole on all issues before it.

The Committee is chaired by Markiyan Kulyk (Ukraine).  Vice-Chairpersons are Soumaia Zorai (Tunisia), Annick Oestreicher (Luxembourg) and Sarah Al Bakri Devadason (Malaysia). 

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

Background

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.  At the General Assembly's fifty-fifth session, the Committee was asked to give priority to examining the question of assistance to third States affected by Security Council sanctions and to a review of its own working methods.

Summary of Report

Chapter III of the report summarizes the Committee’s consideration of six topics related to the maintenance of international peace and security.

The discussion on assistance to third States affected by sanctions (A/AC.182/2002/CRP.2), an issue which the Assembly had asked the Committee to give priority to, reflected the frustration of some delegations that despite the priority accorded to the matter, little progress had been made over the years. Some delegations believed no useful progress could be made without the report from the Secretary-General, which had now been requested for two years in a row, on the ability of the Secretariat to implement the 1998 recommendations of an ad hoc expert group meeting on developing a methodology for assessing the consequences incurred by third States.  In particular, the report was to focus on the political, financial and administrative feasibility of the recommendations.

Other delegations, however, deplored excuses for inaction.  The unavailability of the Secretary-General’s views should not delay a discussion on the main findings of the expert group, they said.  A proposal was made to create a Sixth Committee working group that would consider the legal aspects of the various general sanctions issues that had an impact on the issue of adverse consequences to third States and Charter obligations to offset those consequences.

In the end, the Committee recommended that the Assembly continue to consider the results of the ad hoc expert group meeting. It also strongly encouraged the Secretary-General to expedite the requested report and to take into account the further work undertaken recently on the issue by the Security Council, the General Assembly and the Economic and Social Council.  

Concerning the Committee’s discussion of the Russian Federation’s proposal on identifying conditions and criteria for the introduction of sanctions and other coercive measures (A/AC.182/2002/CRP.3), the report notes that an addendum was added to the proposal, after which the Committee concluded a second reading of the entire text.  The report notes how in the general debate, several delegations stressed the need for developing a consensus on the broad parameters governing sanctions regimes.  Particular attention, they said, should be paid to the “humanitarian limits” of sanctions in order to alleviate the suffering of the most vulnerable groups of the civilian population, namely children, women and the elderly.

However, the report also includes the observation made during the debate that the Committee should strive to avoid duplication of the work carried out by other United Nations organs or groups, especially when they were better suited to discuss those issues.     

A warning of overlapping with the activities of other United Nations bodies was also made during the Committee discussion of the Libyan paper on the strengthening of certain principles concerning the impact and application of sanctions (A/AC.182/2002/CRP.4).  However, others asserted that given its mandate, the Committee was the appropriate forum for the consideration of the topic.  After citing the links between the Libyan paper and the Russian paper on criteria for the imposition of sanctions, a suggestion was made that the sponsors of the two proposals might consider coordinating their efforts. 

A chapter on the fundamentals of the legal basis for United Nations peacekeeping operations (document A/AC.182/2002/CRP.5) describes the Committee's deliberations on the development of a legal framework for peacekeeping missions.  Key elements to be covered were the subject of a working paper submitted by the Russian Federation.  Those included the clear definition of mandate, including humanitarian assistance; limits to peacekeepers' right to defence while strengthening their protection; analyzing the mechanism for apportioning responsibility between the United Nations and troop-contributors; and specifying basic principles, including non-interference in the internal affairs of States.

During the session, the chapter states, the Committee considered the elaboration of a declaration on the matter, which would include an indication of cooperative arrangements between the United Nations and regional actors.  Among other elements taken up, delegations noted that limiting the broad range of issues covered in the proposal would speed the work.  The relationship between the Committee's work and that of the Special Committee on Peacekeeping was also clarified.  The Committee then recommended that it continue considering the question during its next session.

Two working papers by Cuba provided the basis for a chapter on the strengthening of the Organization's role and enhancing its effectiveness (document A/AC.182/2002/CRP.6).  The central tenet was the revitalization of the General Assembly's role so as to give the Assembly an increased voice in maintaining international peace and security.  Aspects of the question taken up during the present session included the definition of the Assembly's functions and powers, as laid out in Article 10 of the Charter, and the Assembly's relation to fact-finding missions.  Cuba as the sponsor proposed that the Committee address a recommendation to the Committee concerning recognition of the value of continuing to consider measures aimed at ensuring the Assembly's revitalization.

Another Libyan proposal, strengthening the role of the United Nations in the maintenance of international peace and security (A/AC.182/2002/CRP.7), which concerns the establishment of a committee of “wise men of the world”, was also discussed.  According to the proposal, the committee, which would later turn into an independent council, would be composed of three former heads of State, representing different geographic regions and forms of civilizations and cultures. Nelson Mandela of South Africa, William Jefferson Clinton of the United States and Mikhail Gorbachev of the former Union of Soviet Socialist Republics have been proposed to serve as the initial members of the committee.  Libya expressed its hope that the Special Committee could lend its support to the idea and bring about its realization, even though it did not fall strictly within its purview.

Support was expressed by several, in particular for the provisions on improving the working methods of the Security Council as well as those on coordination between the roles of the General Assembly and the Security Council in the maintenance of international peace and security.  Others stated, though, that the paper was an example of duplication of efforts since those issues were already being dealt with by the Open-ended Working Group on the Question of the Equitable Representation and Increase in the Membership of the Security Council. 

The report also includes the Committee’s discussion on a revised paper submitted by Belarus and the Russian Federation, requesting an advisory opinion from the International Court of Justice on the legal consequences of the resort to the use of force by States without prior authorization by the Security Council (A/AC.182/2002/CRP.8).  The sponsors, who said they intended to submit a revised version at the next session that would take into account new developments in the use of armed force for the purpose of maintenance of international peace and security, stressed that the proposal was not meant to embarrass or condemn certain States, but rather to further the principle of non-use of force in existing situations where peace and security were facing new threats and challenges.  Others said, though, that an advisory opinion from the Court on an abstract question was neither appropriate nor necessary.  It was pointed out that the Special Committee was already concerned about the increase in the workload of the Court.  

A draft resolution on prevention and peaceful settlement of disputes is included in Chapter IV (A/AC.182/2002/CRP.9/Add.1) which covers the Committee’s consideration of a revised proposal that was submitted by Sierra Leone on the establishment of a dispute prevention and settlement service.  The draft resolution recalls the numerous United Nations declarations on the importance of peaceful settlement of disputes.  It emphasizes also the importance of early warning to prevent disputes and the need to promote the peaceful settlement of disputes.

In the draft, the Assembly urges the continued enhancement of the concrete steps taken by the Secretariat to build and improve the capacity of the United Nations to respond to dispute prevention, including through strengthening information-sharing and development of preventive measures.  It urges the development of a comprehensive plan for a revived early warning and prevention system for the United Nations, as well as training to support those capabilities and cooperation with regional organizations.

In recalling that certain multilateral treaties provide for the creation of lists of conciliators and arbitrators, the draft encourages eligible States to nominate suitably qualified persons to the lists.  It also encourages States to nominate suitably qualified persons who were willing to provide fact-finding services for inclusion in the register set up by the Secretary-General.

The report’s section on the Trusteeship Council (A/AC.182/2002/CRP.10), notes that the three main views on the role of the Council remained unchanged, namely, that the Council be reconstituted as a trustee and guardian of the global commons; that it be retained since its historic mission had not been fulfilled; and, that the Council be abolished since its mandate had indeed been fulfilled. While acknowledging that some of the proposals on the Council might be reasonable

in principle, some said the issue was not urgent.  A proposal was again made to consider the topic biennially.

As for the Repertory of Practice of United Nations Organs and Repertoire of the Practice of the Security Council (A/AC.182/2002/CRP.11), the point was made that work on those important publications was affected by a lack of resources and the low priority accorded the work.  Support was given for continuing the publications’ Trust Fund and for extending the duration of internship sessions from two to between four and six months.

The Committee’s discussion on improving its working methods (A/AC.182/2002/CRP.12), contained in Chapter VII, centred on a paper submitted by Japan which laid out specific criteria for considering topics.  The paper seeks to:  avoid duplication of work of other United Nations bodies; have the Committee focus on fewer topics; have proposals submitted early enough for a thorough study by the Committee; establish a cut-off mechanism to prevent prolonged and ineffective discussion of some proposals; consider certain issues once every two or three years instead of annually; allow for a reconsideration of the duration of sessions; and revise the format of the reports of the Special Committee.  Following the discussion on the paper, Japan said it would submit, at the next session, a revised version that would reflect the comments and suggestions made. The sponsor also expressed the hope that the Committee would adopt the new revised proposal at its next session.

Under the topic of identification of new subjects in Chapter VII (A/AC.182/2002/CRP.13), although four new subjects had been proposed for possible inclusion on the agenda, others felt that consideration of any new agenda item should be postponed until the Committee’s current agenda became lighter. 

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