ISSUE OF EFFECTS OF SANCTIONS DISCUSSED AS LEGAL COMMITTEE TAKES UP REPORT ON UN CHARTER AND STRENGTHENING ROLE OF WORLD BODY

Fifty-ninth General Assembly                               

Sixth Committee                                            

3^rd Meeting (AM)*

ISSUE OF EFFECTS OF SANCTIONS DISCUSSED AS LEGAL COMMITTEE TAKES UP

REPORT ON UN CHARTER AND STRENGTHENING ROLE OF WORLD BODY

Four Organizations Recommended for Observer Status in General Assembly

The Sixth Committee (Legal) this morning recommending the granting of observer status in the General Assembly to four organizations by approving resolutions without a vote as the Committee also began deliberating on the report of the Special Committee on the Charter and on strengthening the role of the Organization.

The four organizations recommended for observer status are:  the Shanghai Cooperation Organization, a Beijing-based international group to promote regional security and economic development; the Southern African Development Community (SADC), an international body to promote sustainable socio-economic development; the Collective Security Treaty Organization, whose members are the Russian Federation and some neighbouring countries; and the Economic Community of West African States (ECOWAS), an international organization aimed at integrating national economies.

The Chairman of this year’s session of the Special Committee of the Charter, Carl Peersman (Netherlands), introduced the report on the work of that session, held in New York from 29 March to 8 April.

A number of delegates spoke on the need for the Special Committee to make more progress in its work on assistance to third States adversely affected by the application of sanctions.  Many, including the representative of China, said introduction of sanctions must follow strict criteria and should conform with United Nations Charter provisions.  Viet Nam said sanctions must be limited, and they must be lifted as soon as reasons for their imposition ceased to exist.

Delegates also took up the question of the Repertory of Practice of United Nations and Repertoire of the Practice of the Security Council.  Views diverged on whether a trust fund should be established for their continued publication.  If so, it was stressed that contributions for their funding should be voluntary.

Also speaking were the representatives of India, Netherlands (on behalf of the European Union), Democratic People’s Republic of Korea, Cuba, Guatemala, Brazil, Japan, Russian Federation, Egypt, Turkey and Libya.

The Committee meets again at 10:00 a.m. tomorrow (Friday, 8 October), when it is expected to conclude its consideration of the Special Committee’s report.

Background

The Sixth Committee (Legal) was meeting this morning and this afternoon to take up the report of the Special Committee on the United Nations Charter and on strengthening the role of the Organization.  The Committee was also expected to take action on draft resolutions requesting observer status in the General Assembly for four organizations.

Before the Committee was a report of the Charter Special Committee (document A/59/33) covering proceedings of the Special Committee’s latest meeting (29 March-8 April, New York).  The report states that deliberations focused on:  proposals for strengthening the Organization’s role in matters of peace and security; implementing Charter provisions related to assisting third States affected by sanctions; peaceful settlement of disputes; the function of the Trusteeship Council; improving the Special Committee’s own effectiveness; and new subjects to be taken up in relation to revitalization and reform.

The report highlights the Special Committee’s recommendations on the findings of an ad hoc expert group which studied the question of implementing Charter provisions that relate to assisting third countries affected by sanctions.  During deliberations, the ad hoc group had heard expressions of concern about the credibility of sanctions being undermined by an increase in resorting to them.  The point was made that sanctions should be clearly defined and not used as a form of punishment.  Impact assessments should be made, time limits set and sanctions lifted as soon as a threat passed.

The Special Committee recommends that the Assembly continue addressing the question.  It should take into account relevant reports by the Secretary-General, the text on sanctions already agreed upon, the forthcoming report by the informal Security Council working group on general issues related to sanctions, and proposals presented to the Special Committee.

Further, under matters of maintaining international peace and security, the Special Committee considered the revised working paper by the Russian Federation on a declaration for basic conditions and criteria in using sanctions and other coercive measures.  It was stressed that sanctions were a means of dealing with threats to international peace and security and could not play a role in settling international disputes.  Support was expressed for the provision concerning non-permissibility in creating a situation where the consequences of sanctions would inflict considerable harm on third States.  It was noted that the revised working paper reflected points by Libya on the strengthening of principles concerning the impact and application of sanctions.

Other working papers on international peace and security included:  one by the Russian Federation on the legal basis for United Nations peacekeeping operations in context of Chapter VI in the Charter on peaceful settlement of disputes; one by Cuba on enhancing the role of the Organization; one by Libya on strengthening the United Nations role in maintaining international peace and security; and one by Belarus and the Russian Federation concerning a request for an advisory opinion from the International Court of Justice on legal consequences of resorting to force without authorization of the Security Council.

On the peaceful settlement of disputes, the principle of free choice was stressed with regard to third-party dispute settlement mechanisms.  It was suggested that consideration here should focus on procedure rather than substance.  It was also suggested that the Committee discuss practical ways of encouraging Sates to make the optional declaration of the International Court of Justice Statute with regard to compulsory jurisdiction.  Also, the Security Council could be given better recourse to Charter Chapter VI on peaceful settlement of disputes as an alternative to the use of coercive measures.

With regard to the Trusteeship Council, the view was reiterated that abolishing it or changing its nature would be premature.  On the Repertory of Practice of United Nations Organs and the Repertoire of Practice of the Security Council, the recommendation was for the Assembly to review the technical feasibility of establishing a trust fund to continue operation of the Repertory. However, the view was expressed that such a proposal should be formally submitted to the Special Committee and governments would need to be consulted.  If the fund was established, it should accept solely voluntary contributions.

Finally, the Special Committee reports that a working paper by Japan served as the basis for considerations on working methods.  It was suggested that the Handbook on peaceful settlement of disputes should be revised to reflect current information on arbitration.

The Charter Special Committee was established in 1974.  Numerous international instruments have been adopted based on its recommendations, including the 1982 Declaration on the Peaceful Settlement of International Disputes.

The current Bureau is chaired by Carl Peersman (Netherlands).  Vice-Chairs are Zlatko Dimitrov (Bulgaria); Mohammed Haj Ibrahim (Syria); and Rolando Ruiz-Rosas (Peru).  Sabri Chaabani (Tunisia) serves as Rapporteur.

A report by the Secretary-General on the “Repertory of Practice of United Nations Organs” and the “Repertoire of the Practice of the Security Council” (document A/59/189) was before the Committee.  In it, he outlines the efforts undertaken in 2004 to reduce the backlog in the publication of the Repertory, a legal document containing analytical studies of decisions taken by the principal organs under each of the Charter Articles, so as to shed light on questions of applying and interpreting the Charter as they arise in practice.  He also outlines steps to eliminate the backlog in the Repertoire, a constitutional and procedural guide to the Council’s proceedings to present the application of the Charter and the Council’s Provisional Rules of Procedure.

With respect to the Repertory, the Secretary-General concludes that the General Assembly may want to note the current status of the publication, including efforts to make the information available in English, French and Spanish via the Internet.  Also, the Assembly may want to consider the Special Committee’s recommendation concerning establishment of a trust fund and to note that future efforts will be contingent on mobilizing resources.

On the Repertoire, he concludes that the Assembly may wish to note progress made in producing the publication, including a Millennium Supplement.  The Assembly may also want to encourage contributions to the Trust Fund for Upgrading the Repertoire and the possibility of a dedicated report on the Repertoire for the Assembly.

Also, the Committee had before it a report of the Secretary-General on implementing Charter provisions related to assisting third States affected by sanctions (document A/59/334).  It reviews measures for enhancing the work of the Security Council and its sanctions committees on the issues raised.  It also reviews the Secretariat capacity and modalities for implementing intergovernmental mandates and addressing findings, including those of the ad hoc expert group on the issue.  Finally, it reviews developments on the issue with regard to the roles of the General Assembly, the Economic and Social Council (ECOSOC) and the Committee for Programme and Coordination (CPC).

In particular, the Secretary-General says the General Assembly had taken note of his recommendations and those of the ad hoc expert group, along with the views of States, the United Nations system, international financial institutions and international organizations.  The roles of the Assembly, ECOSOC and CPC had been affirmed in mobilizing and monitoring economic assistance efforts.  The ECOSOC decision to continue considering the matter was noted and all relevant parties, as enumerated above, were invited to address the problem in specific and direct terms, including through dialogue with affected States and meetings between affected States and the donor community.

Among measures to enhance the Security Council’s work in this regard, the Secretary-General elaborates the process of sanctions regimen reviews during the one-year period of review, including those on Liberia and Iraq.  As a result of modifications in Iraq, all existing regimens were more targeted with fewer unintended consequences.  With regard to Secretariat activities, the Secretary-General would provide support to intergovernmental deliberations to ensure timely and efficient implementation of mandates.

Finally, with regard to the roles of the General Assembly, the ECOSOC and the CPC, the Secretary-General says the Assembly considered his report on assistance to the Eastern European States affected by developments in the Balkans.  The ECOSOC took a number of actions in this regard and the CPC considered the question of assisting countries invoking Article 50 of the Charter, concerning special economic problems presented by the imposition of sanctions.

Statements

When the Committee met this morning, CARL PEERSMAN (Netherlands), Chairman of the 2004 Session of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, introduced the report of that session.  He said it 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, as requested by the General Assembly.  The Special Committee recommended that the Assembly should address the question further during its current session.

The Special Committee completed the reading of a revised working paper submitted by the Russian Federation, which later submitted a new version for consideration at the 2005 session of the Special Committee.

He went on to list other proposals submitted by delegations, such as Cuba and Libya.  The Cuban paper, first presented to the Special Committee at its 1997 and 1998 sessions, was entitled “Strengthening of the role of the Organization and enhancing its effectiveness”.  The revised proposal by Libya concerned the role of the United Nations in the maintenance of international peace and security.

The Special Committee agreed to recommendations concerning the Repertory of Practice of the United Nations Organs and the Repertoire of the Practice of the Security Council after hearing a report from the then-Assistant Secretary-General and Officer-in-Charge of the Office of Legal Affairs.

R.SHUNMUGASUNDARAM (India) said the Security Council should consider establishing a fund to assist countries affected by application of sanctions.  His delegation also supported the establishment of a working group within the Sixth Committee to study the question of sanctions and their impact on third States.

He said the Russian Federation proposal on a declaration on basic conditions and standard criteria for introduction of sanctions and other coercive measures provided a useful basis for its further consideration.  The need for the development of broadest possible agreement among Member States on the core issues addressed in the proposal could not be over-emphasized.

India attached importance to the principle of the free choice of means for dispute settlement. Any recourse to a dispute settlement mechanism required the consent of the parties involved. A consensus was required on the manner in which the Trusteeship Council could be put to use. India did not see any value in the setting up of a new global mechanism under the United Nations.  The Repertory of Practice of the United Nations organs was a valuable source of information on the application of the Charter and the work of the Organization. It was an indispensable tool for the preservation of institutional memory.

CETA NOLAND (Netherlands), speaking for the European Union, welcomed the continuing recourse of the Security Council to targeted sanctions.  It supported the continuation of debate on how to further reduce their unintended negative effects.  The effectiveness of sanctions remained paramount, she said.

With regard to the peaceful settlement of disputes, the European Union reiterated its support for placing emphasis on the existing means of doing so, the early recourse to them, and the principle of free choice of means, based on article 33 of the Charter.  On proposals concerning the future of the Trusteeship Council, she said the European Union held the view that it would be premature to abolish or change its status.  The Council’s existence did not entail any financial implications for the United Nations, while assigning new functions to it would require an amendment to the Charter.

On the working methods of the Special Committee, the European Union strongly supported several of the suggestions that had been made in the revised working paper introduced by Japan and co-sponsored by the Republic of Korea, Thailand, Uganda and Australia.  It regretted that until now only minimal reforms in the Special Committee’s working methods could be achieved.  The European Union reiterated that it still stood ready to support initiatives that could improve the working methods and revitalize the Special Committee.

RI SONG HYON (Democratic People’s Republic of Korea) said the arbitrary and hegemonic acts of a MemberState of the United Nations had caused the Organization to malfunction.  It had upset the order of international relations based on respect for sovereignty and sovereign equality.  It was imperative to strengthen the role of the United Nations so that the will of the international community was respected in a United Nations-led international order.

The United Nations must be democratized by giving the General Assembly a bigger role in reform of the Security Council, he said.  As the policy-making organ, the Assembly should take the central part in addressing international issues.  A decisive step should be taken to empower the Assembly to review Council resolutions case by case and to submit recommendations.  Further, sanctions were increasingly applied unilaterally outside the United Nations.  Consideration of sanctions should therefore not be confined to United Nations sanctions.

Finally, he said, steps must be taken to dissolving illegal institutions such as the “United Nations Command” in South Korea, which was contrary to the Charter.  The United Nations had no authority over the Command that had existed on his peninsula for over half a century now; it must be dissolved and the armistice agreement replaced with a peace agreement. 

JUANA ELENA RAMOS RODRÍGUEZ (Cuba) said the Charter Committee played a fundamental role in United Nations reform.  Key elements in reform were revitalization of the Assembly to enable it to carry out all its powers.  The application of sanctions should be considered in context of the need to reform the Security Council, both in its composition and in the number of members to democratize it.  The application of sanctions could not be used as a “second privilege” in addition to the veto.  Sanctions must not be used to change the character of a country or to settle disputes.  The Council’s Sanctions committees suffered from the same ills as the Council itself, including lack of transparency.

The reports before the Committee on the question of sanctions deserved consideration, she said.  The Repertory must continue to operate and the question of a trust fund for its continuance should be considered.  The United Nations must remain an Organization that recognized and supported the sovereign equality of all States.

NGUYEN DUY CHIEN (Viet Nam) said that sanctions should be resorted to only after all means of settling peacefully the dispute in question had been exhausted.  A decision to proceed with sanctions should accord with the United Nations Charter and international law.  Sanctions should be clearly defined, targeted and imposed for a specific time frame.  Sanctions should also be subject to periodic review and lifted as soon as reasons for their imposition had ceased to exist.  All ramifications of sanctions should be taken into account and assessed before their imposition.  Third States affected by should, in a practical and timely manner, be assisted to reduce their suffering and losses.

He said Viet Nam welcomed the proposals of the ad hoc group of experts on the development of methodology for assessing the consequences incurred by third States.  The separate proposals of the Russian Federation and Libya on the question of sanctions, if adopted by the General Assembly as a declaration, would serve as a useful basis for the application of Charter provisions related to sanctions.  Such a declaration would contribute to the strengthening of the United Nations and enhance its effectiveness in maintaining international peace and security.

QI DAHAI (China) said it was high time for progress on the question of assistance to third States adversely affected by the implementation of sanctions.  Given their profound and wide implications, sanctions must be applied with great prudence and with their application minimized or limited to the extent possible.  He described as positive and of great relevance the Russian Federation’s revised working paper on conditions and standard criteria for introduction of sanctions.  He said strict criteria must be followed and, more important, the sanctions should conform with Charter provisions and the rules of international law.

China believed in the need to strengthen the status and role of the Special Committee on the Charter and to enhance its efficiency.  It advocated a pragmatic and consensus-based exploration, in the overall framework of United Nations reform, of ways of improving the Special Committee’s work and its efficiency.  Proposals presented on the subject by some delegations would be carefully considered.

ROBERTO LAVALLE-VALDÉS (Guatemala) recalled the proposal concerning the request for an advisory opinion from the International Court of Justice on legal consequences of resorting to force without authorization of the Security Council.  He said he was cautiously optimistic about the Repertory, and a trust fund should be set up to continue its operation.  That wasn’t the case with the other topics the Special Committee had considered.  Was the Committee really qualified to consider the economic aspects of assessing the impact of sanctions?  Could members really evaluate the “stratified sample survey of firms” or the “gravity model of bilateral trade flows” as mentioned in the Secretary-General’s report?

He said the Special Committee had made little contribution to the question of assistance to third States affected by sanctions.  Perhaps that was because the Secretary-General’s report on that came out after the Special Committee’s session.  No progress had been made on peaceful settlement of disputes, either.  Attempts had been made this year to give the Special Committee’s work on the matter some substance.  The subject of arbitration had been taken up but without a success.  No decision had come from the Special Committee.  Ultimately, one State in particular held many bilateral meetings with other States and made agreements that hampered the legal work to be done.

SIDNEY LEON ROMEIRO (Brazil), speaking for the Rio Group, said the peaceful resolution of disputes was particularly important to his region, as was the role of the International Court of Justice.  All safeguards must be put into place to prevent collateral damage when sanctions were imposed.  An established regime would help to involve the financial institutions in providing assistance to third parties affected by sanctions.

With regard to the Repertory, he said efforts should continue toward eliminating the backlog and translation into all languages.  A voluntary trust fund should be set up.  However, both the Repertory and the Repertoire should be considered equal and should be treated as such.  It was up to the Committee to address the discrepancy that existed at present in the way the two were handled.

HIROSHI TAJIMA (Japan) said the views expressed in other forums, such as the Security Council sanctions working group, should be taken into account in the Committee’s consideration of assistance to third parties affected by sanctions.  He also hoped consensus would be reached on the revised working paper his country had presented on the Special Committee’s working methods.  It should be kept in mind that the Special Committee’s purpose was to strengthen the role of the United Nations, and a strengthening of itself would fulfil that purpose.

Finally, he said, the importance of the Repertory was not being questioned.  However, the administrative and budgetary reform was vital to increase the effectiveness and efficiency of the Organization.  Any new financing should be accommodated by strict prioritization and reallocation of resources.  Publication of the Repertory did not necessarily conform to that goal.

MARIA ZABLOTSKAYA (Russian Federation) said her delegation hoped for more dialogue and fruitful discussion on her country’s new version of the working paper on a “declaration on the basic conditions and standard criteria for the introduction and implementation of sanctions and other coercive measures” at the Special Committee’s next session.  She said the creation of a working group within the Sixth Committee to study the effects of sanctions on third countries would give impetus to further work on the subject.  She also said there was need to strengthen the legal basis for peacekeeping operations.

She said she supported Japan’s initiative on streamlining the working methods of the Special Committee.

MAHMOUD SAMY (Egypt) said the question of the adverse effects of sanctions on third States was a priority for his country not because it was one of those countries.  There was need for a balanced sanctions regime to deal effectively with their impact.  He drew attention to the humanitarian aspects of the impact of sanctions on civilian populations.  The Charter provisions related to sanctions must be complied with, he said, and efforts made to avoid the adverse effects of sanctions.  The Security Council should further study all aspects of the issue.

He expressed appreciation for the initiatives to improve the working methods of the Special Committee, but said there was need to strengthen its role.  The link between the Special Committee and the General Assembly should be strengthened, not weakened.

EMINE TUĞRAL (Turkey) said her country had suffered considerably from sanctions imposed on other States.  Mechanisms should be established to assist countries such as hers.  She underlined the responsibility of the Security Council to apply the provisions of Article 50 of the Charter, related to assistance to third States affected by sanctions.

She also stressed the importance of free choice in the means of dispute settlement.  She said the Repertory of Practice of United Nations Organs and Repertoire of the Practice of the Security Council were important sources of information on the work of the Organization.  She supported the continuation of their publication.

AHMED ELMESSALLATI (Libya) recalled that sanctions had been used to implement the Council’s resolutions against his own country.  He said the people had suffered greatly under the sanctions, both materially and in health.  The extension of such measures without rules or criteria must be reduced to protect the vulnerable.  The working paper his country had submitted addressed the matter.  It was deplorable that the Committee had not been able to make more progress on assistance to third countries.

He said the Special Committee must broaden its work to include consideration of the effect of applying sanctions on those countries that were directly intended.  Sanctions should be based on legal rather than political reasons and they should be specific.  They must take the humanitarian impact into account.  The most appropriate forum for consideration of the issue was the General Assembly.

He said he supported the Special Committee’s work on improving its own working methods, but the lack of progress on sanctions and on strengthening the role of the United Nations in maintaining international peace and security was disappointing.  It undermined the Committee’s effectiveness.

Action on Drafts

The Committee took up the draft decision requesting observer status in the General Assembly for the Shanghai Cooperation Organization (document A/C.6/59/L.3), introduced on Tuesday by China.  A background report (document A/59/141) stated that the Beijing-based international organization was established in 2001 by Kazakhstan, China, Kyrgyzstan, the Russian Federation, Tajikistan and Uzbekistan.  Its principal concerns are regional peace and security along with economic development.

The resolution was adopted without a vote or explanation of position.

Next taken up was the draft requesting observer status in the General Assembly for the Southern African Development Community (SADC) (document A/C.6/59/L.5).  It had been introduced by Zimbabwe on Tuesday.  A background report (document A/59/142) stated that the international organization -- based in Gaborone, Botswana -- allows admission of new members and presently comprise:  Angola, Botswana, Democratic Republic of the Congo, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe.  Its principle aim is to promote sustainable socio-economic development at all geographic levels.

The Committee adopted the draft without a vote.  Venezuela’s representative expressed welcome for the action.

Taken up next was the draft decision requesting observer status in the General Assembly for the five-member Collective Security Treaty Organization (document A/C.6/59/L.4).  It had been introduced by Kazakhstan on Tuesday.  A background report (document A/59/195 and Corr.1) stated that the regional/international organization established in 2003 comprises: Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russian Federation and Tajikistan.  Its primary aim is to promote cooperation for regional and global security.

The draft was adopted without a vote or explanation of position.

Finally taken up was a draft requesting observer status in the General Assembly to the Economic Community of West African States (ECOWAS) (document A/C.6/59/L.6).  It had been introduced on Tuesday by Ghana.  A background report (document A/59/232) stated that the Nigeria-based international organization is aimed at integrating national economies into an economic and monetary union.  Members are:  Benin, Burkina Faso, Cape Verde, Côte d’Ivoire, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone, Togo.

The draft was adopted without a vote or explanation of position.

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*     The Sixth Committee meeting scheduled for this afternoon was cancelled.  Headings on pages 2-10 of this release should therefore read:  “Sixth Committee – 3^rd Meeting (AM)”.