LEGAL COMMITTEE DISCUSSES PROBLEM OF SANCTIONS AFFECTING ‘THIRD STATES’, POTENTIAL PROVISION OF ASSISTANCE

Fifty-eighth General Assembly

Sixth Committee

4^th Meeting (AM)

LEGAL COMMITTEE DISCUSSES PROBLEM OF SANCTIONS AFFECTING ‘THIRD STATES’,

POTENTIAL PROVISION OF ASSISTANCE

Report Received from Special Group on Charter; Observer

Status in General Assembly Recommended for Four Organizations

The Sixth Committee (Legal) this morning recommended observer status in the General Assembly for four organizations as it met to consider requests for that standing, and also took up the report of the Special Committee on the Charter, with speakers focusing mainly on assistance to third States affected by sanctions.  Also considered was the question of the development of international law relating to the new economic order.

Observer status was recommended for the International Institute for Democracy and Electoral Assistance; the Eurasian Economic Community; the GUUAM group (comprising of Azerbaijan, Georgia, Republic of Moldova and Ukraine, as well as observers); and the East African Community.

Representatives making statements on behalf of the groups were those of Nigeria, Sweden, Sierra Leone, Kenya, Cameroon and Uganda.

Turning to 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 also considered the Secretary-General’s report on the Repertory of Practice of the United Nations Organs.

The report itself covers the proceedings of the Special Committee’s meeting at Headquarters from 7 to 16 April, where the topics under discussion included international peace and security, assistance to third States affected by sanctions and peaceful settlement of disputes.

Introducing the report, the Vice-Chairman of the Special Committee, Giuseppe Nesi (Italy) said the question of assistance to third States affected by sanctions had been considered on a priority basis as the Assembly had requested.  The Special Committee had then recommended that the Assembly further consider the item during its current session.

Speaking on that point, the representative of the Democratic People’s Republic of Korea said sanctions did not settle disputes but, rather, resulted in severe economic and humanitarian consequences to the target country and its neighbours.  Sanctions were also abused in pursuit of political purposes. 

The representative of Japan said delegates at the session had stressed the importance of judicial settlement of disputes and the importance of the International Court of Justice as the principal judicial organ of the United States.  He called for ensuring adequate resources for the Court and a thorough analysis of its increased workload to be undertaken.

Also speaking this morning on the Special Committee’s report were the representatives of Cuba, Venezuela, India, Italy (on behalf of the European Union), Philippines, Guatemala, Algeria, Ukraine, Russian Federation, Democratic People’s Republic of Korea, Turkey, Japan, Sudan and Costa Rica.

In its consideration of the progressive development of the principles and norms of international law relating to the new international economic order, the Committee heard from Cuba’s representative.  She called for the United Nations to recover its prerogative in leading global economic development.

The Committee will meet again at 10 a.m. tomorrow, Friday, 10 October, to continue consideration of the Special Committee’s report.

Background

The Sixth Committee (Legal) met this morning to consider the Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization.  It was also expected to take up the question of the development of international law relating to the new international economic order, as well as to take action on requests of organizations for observer status in the General Assembly.

Reports

Before the Committee was the Special Committee’s report on its current session, held at Headquarters from 7 to 16 April (document A/58/33); also, related reports of the Secretary-General on the implementation of Charter provisions related to assistance to third States affected by the application of sanctions (A/58/346) and Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council (document A/58/347).

According to the report, topics covered during the Special Committee’s session included maintenance of international peace and security; implementation of United Nations Charter provisions related to assistance to third States affected by sanctions; peaceful settlement of disputes; Repertory of Practice of United Nations Organs and Repertoire of the Practice of the Security Council;and working methods of the Special Committee.

On the question of maintaining international peace and security, the report states that the Special Committee had before it all related reports of the Secretary-General.  Those included Implementation of the provisions related to assistance to third States affected by the application of sanctions (documents A/57/165 and Add.1), and the 1998 report of the ad hoc expert group on sanctions (document A/53/312); also, related documents such as a proposal on sanctions by the Russian Federation and joint working papers from Belarus and the Russian Federation on Libya and Cuba.

During the perennial exchange of views on the future of the Trusteeship Council, the report says some delegations maintained that it would be premature to abolish the Council or to change its status, as its existence did not entail any financial implications for the United Nations.  In addition, assigning new functions to the Council would require an amendment to the Organization’s Charter.  It was emphasized that abolishing the Council or changing its status should be considered in the overall context of reforming the Organization and the amendments to its Charter.  The point was also made that the purpose for the Council being established was still relevant. 

In conclusion, the report says the Special Committee recommended that the General Assembly, during its current session, continue to consider the results of the meeting of the ad hoc expert group which developed a methodology on assistance to third States affected by sanctions.  It also recommended that the Assembly encourage the Secretary-General in efforts to eliminate the backlog in the Repertory of Practice of United Nations Organs and in the Repertoire of the Practice of the Security Council.  In particular, all versions of the Repertory should be made electronically available as soon as possible.

The Secretary-General’s report on the effects of sanctions on third States (document A/58/346) highlights the measures for further improvements of the procedures and working methods of the Security Council and its sanctions committees related to the issue.  It reviews the capacity and modalities within the Secretariat for implementing intergovernmental mandates and the report of the expert group which studied the question.  Finally, the report also reviews recent actions on the subject by the General Assembly, the Economic and Social Council (ECOSOC) and the Committee for Programme and Coordination.

The Secretary-General’s report on repertory and repertoire (document A/58/347) outlines the efforts undertaken by the Secretariat this year to reduce the backlog in the publication of the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council, including consideration of alternative courses of action relating to the Repertory.

For theRepertoire, it also proposes a two-track approach, to address current developments in the procedure and practice of the Council, and at the same time expedite elimination of the backlog.  The General Assembly is invited, in section IV (conclusions) of the report, in the context of the approval of the budget for the biennium 2004-2005, to take action in the light of the information presented.  In its conclusions, the report also draws attention to the Repertory Web site.  As a stopgap measure for eliminating the backlog, it could make available within existing resources both those volumes already published and individual studies finished and approved by the Review Committee.

(The Repertory is a legal publication containing analytical studies of the decisions of the principal organs of the United Nations under each of the Articles of the United Nations Charter).

On the question of the progressive development of the principles and norms of international law relating to the new international economic order, the Committee had the background information that the General Assembly had taken up the item in 1975 at the recommendation of its Second Committee (Economic and Financial) during the course of deliberations on the ECOSOC report.  The 2000 Millennium Assembly had decided that consideration of legal aspects of international economic relations would be resumed at the current session.

Requests for Observer Status

The Committee has before it a draft resolution on the International Institute for Democracy and Electoral Assistance (document A/C.6/58/L.6).  By it, the Assembly would decide to invite the organization to participate in its work as an observer.

The draft is based on a Committee report (document A/58/232) stating the item was first included in the agenda of the fifty-fifth session of the General Assembly in 2000 at the request of Sweden on behalf of 18 States members of the organization which is based in Stockholm.  The Sixth Committee considered the Institute's request on 19 and 26 October 2001.  (At the Committee's recommendation, the General Assembly deferred action on the request to its fifty-seventh session and again to the current session.  The Institute's overall mandate is to promote sustainable democracy and assist democratization worldwide.

A draft resolution on the GUUAM group (document A/C.6/58/L.4) would have the Assembly decide to invite the group to participate in its work as an observer.  It is based on a letter (document A/58/231) from Georgia addressed to the Secretary-General concerning the group, which consists of Azerbaijan, Georgia, Republic of Moldova and Ukraine.  An accompanying explanatory memorandum says GUUAM was founded on 10 October 1997 during the Council of Europe summit by a joint communiqué between the heads of State of those countries.  The charter of the organization, adopted at a summit in June 2001 at Yalta, defined the organization’s objectives to include the promotion of social and economic development and the combating of international terrorism, organized crime and drug trafficking.  It is also interested in developing mutually beneficial cooperation with third countries and international organizations to achieve shared goals and principles.

A draft resolution requesting observer status in the General Assembly for the Eurasian Economic Community (document A/C.6/58/L.5) is also before the Committee.  It is based on a letter from the representatives of Belarus, Kazakhstan, Kyrgyzstan, the Russian Federation and Tajikistan (document A/58/143) conveying the request on behalf of an international organization composed of those five countries plus three observer States -– Ukraine, Armenia and the Republic of Moldova.  A memorandum accompanying the letter says the status would help strengthen in practice the cooperation between the two bodies in efforts to ensure peace and security on a regional and global scale.

Finally, a similar draft resolution concerning the East African Community (document A/C.6/58/L3) is before the Committee, based on a letter (document A/58/232) from the representatives of Kenya, Uganda and United Republic of Tanzania addressed to the Secretary-General.  An explanatory memorandum annexed to the letter states the regional economic community was established by a 2000 treaty to foster cooperative arrangements with other regional and international organizations having a bearing on the community’s objectives, which are consistent with those of the United Nations.

Statement by Special Committee Chairman

GIUSEPPE NESI (Italy), Vice-Chairman of the Special Committee, introducing its report on behalf of the Chairman, reviewed the various proposals and working papers discussed at its session.  He said that as requested by the General Assembly, the Special Committee considered, on a priority basis, the question of the implementation of the Charter provisions related to assistance to third States affected by the application of sanctions.  It recommended further consideration of the item during the current General Assembly session.

The Special Committee completed its first reading of a draft declaration proposed by the Russian Federation which was annexed to its revised working paper related to the implementation of sanctions and other coercive measures.

Other issues discussed by the Special Committee included proposals concerning the Trusteeship Council, and the Repertory of Practice of the United Nations and the Repertoire of the Practice of the Security Council.  The Special Committee agreed on a recommendation to encourage the Secretary-General to continue his efforts to eliminate the backlog in those publications.

A priority issue for the General Assembly addressed in the report, according to the Special Committee’s Vice-Chairman, was the Committee’s working methods for which Japan and the Republic of Korea submitted a revised working paper.  Some provisions of that paper were adopted with the rest to be taken up at the Special Committee’s next session in 2004.

Statements

JUANA ELENA RAMOS RODRIGUEZ (Cuba) said her delegation joined a vast majority of the Special Committee which called for the reform of the Organization and the democratization of its organs in conformity with the Charter.  Cuba supported multilateralism and stressed the need for real reforms of the Organization to be carried out without delay.  The General Assembly, as the principal deliberative body, must be revitalized, taking account of the principles set out in the Millennium Declaration.  Mechanisms for collective security must be established.  She stressed the need for the implementation of the Charter provisions for assistance to third States affected by the application of sanctions.

She said that sanctions should be considered when there was a real threat to peace, and account taken of its impact.  The application of sanctions must be a collective action, enjoying wide support of the membership.  The sanctions regime must have clear objectives and precise terms.  Any attempt to impose them to completely change the policies of the targeted States was inappropriate. Sanctions must be subject to periodic review, with the humanitarian situation in the target State taken account of.  The application of sanctions must be transparent and the General Assembly must be involved in decisions to impose them.  She recalled that the Non-Aligned Movement, whose membership constituted a majority of the United Nations, had on many occasions put forward proposals relating to sanctions.

ANGELA CAVALIERE DE NAVA (Venezuela) recalled that the Assembly had been calling for the Organization to be more responsive to modern challenges before it.  The Special Committee was central to making the necessary changes, she said.  The question of reviewing sanctions was central.  Mechanisms to assist States economically impacted by sanctions had been called for.  It was vital to afford relief for the harmful effects on innocent parties.  The informal working group established to review sanctions should speed up its work.

Peaceful settlement of disputes was central to international peace and security, she continued.  There should be greater dynamism in the Special Committee, which should ensure coordination with other entities dealing with reform of the Organization.

MANIMUTHU GANDHI (India) said effective measures must be taken to minimize the adverse effects of sanctions.  The Russian Federation’s proposal on basic conditions and standard criteria for applying sanctions was a useful basis for further discussions.  However, there was no overemphasizing the need for developing a universal consensus on the core issues proposed.  With regard to the Libyan proposal on strengthening certain principles concerning sanctions, the Charter had defined the issue adequately.  The proposal to confer a right on the target States to seek compensation for unlawful damage would raise issues about the legality of sanctions themselves.

Continuing, he said political and operational aspects of peacekeeping should be dealt with by other specialized committees and the Special Committee could contribute only from the legal angle.  The Cuban proposal regarding a redefinition of the General Assembly’s powers and functions was of great importance to the overall vital necessity of strengthening the Organization.  On peaceful settlement of disputes, the free choice of means was of highest priority.  First and foremost, the consent of the parties to the dispute must be acquired.  On the role of the Trusteeship Council, a consideration of having it deal with the global commons was inappropriate since that was covered by other bodies.  The Special Committee’s well-established working methods should not be changed and the Committee should deal with the proposals before it instead of looking for new areas of work.

Mr. NESI (Italy), speaking on behalf of the European Union and associated States, said the Security Council’s practice to establish targeted sanctions was an important achievement that reflected recommendations beyond the United Nations framework.  Options for cooperating with academic institutions should be explored with regard to the Repertory and Repertoire.  The basic conditions and standard criteria for introducing sanctions was an important element of the subject itself.  The revised text on the matter by the Russian Federation was welcome.  However, the Charter Committee should avoid becoming substantially involved in matters better handled elsewhere.

Turning to the Special Committee’s working methods, he said some results had been achieved but they were minimal.  That confirmed the difficulty of revitalizing it.  Again, the Committee had been split between those who believed that a rationalization of working methods could lead to revitalization versus those who feared any change would be the prelude to “watering down” of the Committee’s work.  A substantive review should be carried out.  Only by eliminating duplication while also rationalizing its work could the Special Committee achieve relevance.  The fears of those wanting to retain the status quo had impeded not only progress but also the Committee’s future.

ANACLETO PEI LACANILAO (Philippines) said his delegation supported the practical and technical proposals already made to enhance the efficiency of the Special Committee.  They included focus on fewer topics, advance submission of proposals and mechanisms for consideration of some proposals biennially or even triennially.  As a matter of prudence, he said, there should be thorough consultation with the Secretariat to avoid duplication.  He hoped a consensus would be achieved to implement the proposals to make the work of the Special Committee more dynamic, relevant and effective.

On the Repertory of Practice of the United Nations Organs and the Repertoire of the Practice of the Security Council, he noted the progress made in eliminating the backlog in their production.  Given the systemic and funding constraints, placement of approved studies on the Internet by the Secretariat would greatly remedy the backlog problem and benefit users.  

ROBERTO LAVALLE-VALDES (Guatemala) said that despite a few positive developments, the work of the Special Committee had not, since 1995, been very fruitful.  Close examination of the resolutions adopted by the General Assembly on the recommendations of the Special Committee revealed that their practical intent was limited.

He said the work of the Special Committee, except in certain cases, in the area of assistance to third States under Article 50 of the Charter, was stymied by the impossibility of reaching a consensus.  What the Special Committee needed, if it were to be revitalized, was the submission to it of proposals on which a consensus was realistically conceivable.  He praised the work of the Secretariat regarding the Repertory of Practice of United Nations Organs and Repertoire of the Practice of the Security Council, and strongly supported the conclusions of the Secretary-General’s report on the subject relating, among other issues, to progress on the elimination of the backlog and the establishment of a Web site for the Repertory.

ABDALLAH BAALI (Algeria) reiterated the basic criteria for applying sanctions and said humanitarian concerns should be foremost.  He said the objective was not to punish the innocent or to destabilize the relevant economy.  The lifting of sanctions against Libya had been timely.  The achilles heel in the imposition of sanctions was that it gave the Council the appearance of selectivity.  Some States flouted the Council without consequences.  Collective responsibility should govern the modalities of burdens suffered by third States hurt by sanctions.  The Committee should continue considering the views of the expert group on the matter.

Further, he said Cuba’s proposal on strengthening the Organization should receive attention.  The issue of peace and security was impacted by the use of armed force by States without Security Council authorization or in self-defence.  Using armed force in international relations must follow the norms set down in the Charter -- only when there was an interruption of peace, or upon direct armed attack.  The Russian Federation’s proposal on peacekeeping should deal only with legal aspects.  The role of the Trusteeship Council should be determined once other aspects of reforming the Organization had been decided.

OLEKSIY ILNYTSKYI (Ukraine) noted the Special Committee’s emphasis on its own working methods.  Japan’s contribution was appreciated and while there had been no consensus on it, the very consideration of the draft had improved the Committee’s work.  On sanctions, there had been improvements over recent years in imposing, applying and lifting measures.  While the Security Council had statutory prerogative in that regard, the Assembly could play an important role in formulating criteria for sanctions regimes that would meet with general support.

The question of assistance for third States affected by sanctions remained a priority item for the Special Committee, she noted.  The completion of that work was essential for strengthening the Security Council’s powers and authority.  Practical and timely assistance in such cases would contribute to a comprehensive international approach toward sanctions.  Also notable was the growing consensus on the importance of the review by the ad hoc committee convened in 1998.  The outcome of those meetings would be instrumental for minimizing the negative effects of sanctions on non-target States.  The Charter Committee should continue working on the items and undertaken a complex analysis of the expert group’s report.

GUAN JIAN (China) said the issue of sanctions had been on the Special Committee’s agenda for a long time and should be dealt with quickly.  Reviewing the basic criteria with regard to the use of sanctions, he emphasized the need to impose sanctions only after all peaceful means of settling disputes had been exhausted.  The work of the ad hoc group studying the effects of sanctions was welcome.  At present, best efforts should be made through multi-channel financial arrangements or economic assistance to offset losses suffered by third States.

With regard to guiding principles for peacekeeping operations, he said discussion by other United Nations organs should not impede the Special Committee’s consideration of the question.  Peacekeeping operations were an important means of maintaining international peace and security that had evolved over time.  A timely review of experiences and lessons learned was beneficial.  There was no need to hurry on the question of deciding the Trusteeship Council’s status and role.  Maintaining its status did not undermine the Organization’s functions while precipitate actions could produce unforeseeable problems.  As to the Special Committee, it could play the role expected of it if the necessary political will were present.

DMITRI LOBACH (Russian Federation) said his country attached great significance to all aspects of the work of the Special Committee.  Experience had shown that the Special Committee had been able to find compromises in dealing with subjects before it.  A great deal of work had been done on finding solutions to the question of sanctions since the Russian Federation submitted a working paper on the question.  He also recalled the revised working paper it had provided at the last session of the Special Committee.  He was pleased to note the first reading given to the text by the Special Committee and hoped the second reading would be completed at the Committee’s next session in 2004.  He said the Special Committee must continue to consider the question of the effects of the application of sanctions on third States.

He also urged further consideration of the revised working paper jointly presented by the Russian Federation and Belarus concerning an advisory opinion by the International Court of Justice as to the legal consequences of the resort to the use of force by States without prior authorization by the Security Council, except in the exercise of right to self-defence.  He said the revised document could form a good basis for substantive discussions.  On the Repertory of Practice of United Nations Organs and Repertoire of the Practice of the Security Council, he commended the Secretary-General for the efforts being made to reduce the backlog in their publication.

RI SONG HYON (Democratic People’s Republic of Korea) said the Security Council should be reformed to guarantee enough representation of developing countries, and to ensure the democratization of the work of the United Nations.  On sanctions, he said their application should be entirely on the basis of the purposes and principles of the Charter.  There was growing concern by Member States on the question of sanctions.  Sanctions did not contribute to a fair solution of disputes but rather resulted in severe economic and humanitarian consequences, not only in the target country but also in neighbouring States.  Worse still, he said, sanctions were, in many cases, abused in pursuit of political purposes of certain countries.

For the United Nations to tackle the question of sanctions fairly, he said more power should be given to the General Assembly and a mechanism established by which Security Council resolutions on sanctions and use of force would be subject to approval by the Assembly.  He said other sanctions applied outside United Nations mandate should also be subjected to consideration, and he cited those invoked against his country by a superpower.  He said those sanctions, imposed for over half a century, were causing immeasurable loss and damage, and restraining, to a great extent, the country’s independent development.

He said another challenge to the United Nations and its Charter was the “United Nations Command” that still existed in South Korea.  The “United Nations Command” was an entity that had nothing to do with the United Nations, in light of either the background of its establishment or the purpose and style of its operation.  He said the “United Nations Command” regarded the Democratic People’s Republic of Korea, a Member State, as its rival and was reinforcing the barrier of division and hindering brotherly cooperation and exchange between North and South of Korea.

EMINE GOKCEN TUGRAL (Turkey) said that on behalf of a third State affected by sanctions, she considered the Secretary-General’s report on the matter contained concrete proposals.  A working group should be established to consider how to maximize the application of sanctions while minimizing their harmful effects.  A study should be undertaken on the effect of sanctions.

Touching on the Repertory and Repertoire, she moved on to the Special Committee’s working methods.  She said the length of the Committee’s sessions should reflect the subject before it.

KENICHI KOBAYASHI (Japan) said the most salient indicator of progress during the Special Committee’s recent session was the adoption of parts of a working paper on its working methods, submitted by his own country, the Republic of Korea and Thailand.  Support for the proposal was a significant step toward streamlining the work of the Special Committee and improving its efficiency.  Hopefully, the paper as a whole would be approved at the next session.

Continuing, he said that delegates at the session had also stressed the importance of judicial settlement of disputes and the importance of the International Court of Justice as the principal judicial organ of the United States.  Adequate resources for the Court had to be ensured and a thorough analysis undertaken of its increased workload over the past years.  The Repertory and Repertoire were important for preserving the Organization’s institutional memory.  Creative means for maintaining them should be pursued, including by taking advantage of information technology.

ANAS ELTAYED MUSTAFA (Sudan) said the Special Committee had played a great role within its mandate.  The sanctions regime was cruel, and did not distinguish between people and third States.  Its reform had been called for at the Millennium Summit.  He observed that double standards had been used in the application of sanctions by the Security Council.  It did not meet the objectives for which they were imposed, and believed that it should be limited and subjected to a time frame.  He said its effect on third countries should be taken into account.

He called for reform of the Security Council with Council membership, including permanent members, increased.  The Council should be democratized, he said.

DIAZ PANYAGUA (Costa Rica) sought information on a proposed engagement of outside institutions to publish the Repertory of Practice of the United Nations and its Organs, and the Director of Codification, Vaclav Mikulka, promised a response at the Committee’s next meeting.

New International Economic Order

Ms. RAMOS RODRIGUEZ (Cuba) said the United Nations needed to recover its prerogative in leading global economic development.  It had been agreed that a working group should be established to study the matter.  Nothing had been accomplished though the topic was intrinsically linked to international peace and security.  Economic and social development was essential to peace.  The purpose of development was progress on human goals and ideals.  A new international economic order must be based on such elements as mutuality and equitable opportunity for all.  International financial institutions must be reformed to make them transparent.  The basic task was to make sure that globalization was beneficial to all people.  That called for an economic system that was open, accountable, equitable, just, development-oriented and non-discriminatory.

The application of unilateral measures must be addressed within that new order, she continued.  Her country had been suffering from such measures and had incurred huge economic and social damages.  The inclusion of food and medicine in the sanctions was a violation of international law and an act of genocide.  The issue of the progressive development of law relating to the new economic order must stay on the Assembly’s agenda and there must be a debate on the matter.  An issue of such gravity must not be held off at the level of mere formality.  States and international organizations should put their views forward on how to deal with the question.

Action

The Committee took up the draft resolutions that had been introduced on Monday concerning the granting of observer status in the General Assembly to the International Institute for Democracy and Electoral Assistance (document A/C.6/58/L.6); the Eurasian Economic Community (document A/C.6/58/L.5); the GUUAM group of Georgia, Ukraine, Republic of Moldova and Azerbaijan (document A/C.6/58/L.4); and the East African Community (document A/C.6/58/L.3).

The Committee approved all four drafts without a vote.  Sierra Leone declined to join the consensus on the draft regarding the granting of observer status in the General Assembly to the Eurasian Economic Community.

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