HELP FOR ‘THIRD’ COUNTRIES HARMED BY SECURITY COUNCIL SANCTIONS IS SUBJECT OF FURTHER DISCUSSION IN ASSEMBLY’S LEGAL COMMITTEE
| Press Release GA/L/3251 |
Fifty-ninth General Assembly
Sixth Committee
4th Meeting (AM)
HELP FOR ‘THIRD’ COUNTRIES HARMED BY SECURITY COUNCIL SANCTIONS
IS SUBJECT OF FURTHER DISCUSSION IN ASSEMBLY’S LEGAL COMMITTEE
Debate Continues on Ongoing Work of Special Committee
On UN Charter and Strengthening Role of World Organization
The Sixth Committee (Legal) should send a “strong message” to the Security Council on its Charter obligations regarding assistance to third States adversely affected by the application of sanctions, Zimbabwe’s representative said this morning, as the Committee ended its debate on the report of the 2004 session of the Special Committee on the Charter.
The “usual compendium of resolutions and Presidential statements is no longer adequate”, he continued. He said the Committee also deserved to be advised of the Council’s intentions regarding compliance with Article 50 of the Charter. It provides for the right of any State encountering special economic problems due to sanctions to consult with the Council.
Other speakers called for strengthening the role of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization. They said that would make the sanctions regime more effective.
The representative of Belarus said the Charter Committee was losing its momentum at a time of great crises when the rule of law was being eroded. The one burning issue was to streamline the Committee’s working methods and make it more effective.
Algeria’s representative said recent world events indicated that the General Assembly should take back its fundamental role in contributing to the maintenance of international peace and security. He also stressed the importance of a legal framework for peacekeeping operations, as provided for in the Charter. He said the Special Committee should take up the question.
Also speaking this morning, were the representatives of Cameroon, Kenya, Ukraine, the Republic of Korea, Syria, Morocco, Nepal, Iraq, Sierra Leone, Nigeria, Zambia, the Sudan, Jordan and Thailand.
The Democratic People’s Republic of Korea and the Republic of Korea spoke in exercise of the right of reply.
The representative of the United States spoke an expression of appreciation on behalf of her country.
The Committee will meet again at 3 p.m. next Wednesday (13 October), when it will take up the status of protocols additional to the Geneva Convention, as well as the protection of diplomatic and consular missions.
Background
The Sixth Committee (Legal) met this morning to conclude its consideration of the report of the Special Committee on the Charter and on strengthening the role of the Organization. (For background see Press Release GA/L/3250 of 7 October.)
Statements
ANDREI POPKOV (Belarus) said it was critical to strengthen the Organization, but the Special Committee responsible for that function was losing its momentum at a time of great crises eroding the rule of law. The one burning issue with regard to the Special Committee was to streamline its working methods and make it more effective. Members must play a more active and participatory role. Priorities must be clearly identified. Attention must focus on reaching agreement over documents that dealt with sanctions. The Charter provisions on the use of force and on peaceful resolution of conflict provisions must be studied and well understood, so as to see how they could be applied to issues concerning sanctions.
MARTIN BELINGA-EBOUTOU (Cameroon) outlined the instruments that had been developed for the maintenance of international peace and security, the very core of the United Nations purpose and work. He said the “preventive and coercive measures” commonly known as sanctions had one overriding aim: to persuade a State to change its policy or conduct. In practice, the Council’s use of sanctions had presented problems in terms of impact, duration and their lifting when their purpose had been served. The humanitarian element involved in the application of sanctions demanded that the greatest attention be given to the impact they had on people, regardless of how targeted they were.
Assessing and alleviating the negative impact of sanctions on third States was a critical priority, he stated. One measure to be taken in that regard was to apply Article 50 of the Charter that dealt with special economic problems arising from enforcement measures. Another measure was to establish a Trust Fund to alleviate the burden on those third States.
LAZARUS AMAYO (Kenya) noted the little progress that the Special Committee achieved on matters before it at its last session. Many members of the Committee reiterated their position and no substantive or conclusive discussions were held on various proposals brought before it. That unfortunate turn of events was, in his delegation’s view, a drawback to the current efforts to revitalize the General Assembly and its various committees. He appealed to delegations to lift their “political veils” and critically examine the substance of various proposals before the Special Committee.
He said the conditions and criteria for the imposition of sanctions should conform to the United Nations Charter and other principles of international law. Nothing precluded the Special Committee from discussing that issue. He therefore welcomed the Russian Federation proposals on the criteria for the introduction of sanctions. Kenya believed that a solid legal framework should govern peacekeeping operations to enhance the authority and role of the United Nations. He welcomed proposals on that subject.
His delegation also welcomed proposals on the reorganization and revitalization of the General Assembly. The Special Committee could work together with other organs on those issues.
VSEVOLOD CHENTSOV (Ukraine) said it was of the utmost importance that the Security Council applied a clear and coherent methodology for the imposition, application and lifting of measures under Chapter VII of the Charter (sanctions). Noting that there had been some visible improvements in the Council’s policy on sanctions, he stressed the importance of early agreement on the outcome of the work of its Working Group on the subject.
He said Ukraine supported the continuation of the work within the Charter Committee on the question concerning the basic conditions and criteria for imposing and implementing sanctions and other enforcement measures. The question should remain on its agenda. There should be a clear vision on the goals of sanctions and the timely coordination and mechanisms for their revocation. Sanctions should not result in the destabilization of the economic situation in the target country, as well as in third States. An elaboration of additional recommendations on implementation of sanctions would enhance the legitimacy of Security Council’s decisions.
It was essential, he said, that the powers and authority of the Security Council were strengthened under the Charter. He noted the importance of the work of the expert group on sanctions convened by the Secretary-General in 1998. Its recommendations and those of other bodies constituted sufficient basis for the practical implementation of the provisions of article 50 of the Charter on assistance to third States affected by sanctions.
HAHN MYUNG-JAE (Republic of Korea) said his country was a co-sponsor on the working-methods paper Japan had submitted to the Special Committee. Reaching a consensus on how to make the Special Committee more efficient and effective was a number of steps closer as a result of the latest revisions.
With regard to the United Nations Command on the KoreanPeninsula, he said the Committee was not the right forum to address the question, as had been done. Two General Assembly resolutions dealt with the question. They made clear that the status of the Command could be decided only in tandem with the replacement of the Armistice Agreement with a Peace Agreement. Until that time, the Command played an important role in ensuring that the integrity of the Armistice agreement was not violated.
MOHAMMED HAJ IBRAHIM (Syria) said serious problems were being caused by the increasing practice of applying sanctions without the prior approval of the Security Council. Sanctions could only be used when all other measures had been exhausted in correcting a situation where the Charter was being violated. Even when the Council was applying the sanction, it must be fair and must have a more in-depth view of the consequences. Sanctions must not be imposed as a punishment. The safeguards with respect to sanctions must be strictly adhered to. The damage incurred by third States must not be undermined. They must be realistically assessed so as not to open the way for States to make claims.
He said the revised paper by the Russian Federation on application of sanctions and other coercive measures deserved attention, as did Cuba’s paper on the Council’s reorganization. The Special Committee was the forum for discussing that matter. There was no duplication of work with other bodies. The paper by Belarus and the Russian Federation on the resort to force supported and shed light on the United Nations role in resolving international disputes. The Special Committee should deal with all issues until the work on them was completed.
KARIM MEDREK (Morocco) said it was unfortunate that the Special Committee on the Charter had achieved only meagre results. That, however, should not detract from its achievements. He listed the questions that the Special Committee had been dealing with, including Charter provisions on assistance to third States affected by sanctions and matters related to maintenance of international peace and security.
He said sanctions were necessary if the Security Council observed threats to peace and international security. But sanctions must be imposed only as a last resort after peaceful means had been exhausted. He noted that sanctions were basically designed to change the behaviour of recalcitrant States. However, their adverse effects on civilians should be acknowledged.
He said the question of the future of the Trusteeship Council should be discussed within the overall comprehensive reform of the United Nations. He welcomed the various proposals on the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council. He commended efforts to place the publications on the Internet.
LAKSHMAN LAL KARNA (Nepal) said the Special Committee had made progress and should be encouraged in its work. It should continue its work on the topic of the implementation of Charter provisions on assistance to third States affected by sanctions. He said sanctions should be imposed only as a last resort, but efforts should be made to mitigate their effects on innocent civilians.
He said the General Assembly and the Economic and Social Council should be involved in issues related to assistance to third States affected by sanctions.
RIADH AL-ADHAMI (Iraq) recalled the revised paper by the Russian Federation on the basic conditions and criteria for applying sanctions and other coercive measures. He said paragraph 4 on notification before application of sanctions required reworking and rewording. Paragraphs 13 and 14 made an unnecessary distinction between basic human rights and humanitarian law. There should be no difference between the two paragraphs. Finally, paragraph 20 overlapped paragraph 10, both dealing with the assessment of the humanitarian impact. The two now made an unnecessary distinction.
Moving on, he said the question of the Trusteeship Council should be considered in the overall context of reorganization. The Repertory and Repertoire were a set of unique tools to preserve institutional memory. A trust fund should be set up to continue their operation.
ALLIEU KANU (Sierra Leone) said there was no denying some sanctions had not been effective. Establishing criteria and procedures would minimize the negative effect of sanctions on third States and would also improve their effectiveness, which depended on the unfettered cooperation of third States. That could not be secured when the measure was the source of major economic stress. Also, measures to alleviate harm should take into consideration unexpected events such as emergencies and natural disasters. Finally, sanctions must not be used to achieve political objectives.
Also, he said the Trusteeship Council should be retained but with a new mandate. He supported the recommendation to establish a trust fund for the Repertory. On the peaceful settlement of disputes, the Special Committee should take up the German initiative on “justice rapid response” as a new topic.
BASHIR WALI (Nigeria) recalled the parameters of properly applying sanctions and said they must be used cautiously. He said opportunities must be created to determine how to help innocent victims of sanctions. United Nations efforts to mobilize the international community in addressing the issue must continue, as must dialogue with affected States. Innovative measures, such as commercial exemptions, preferential treatment and concessions, should be implemented.
On other matters, he commended collaboration between the United Nations and regional organizations to address situations, as the African Union had done in Darfur. The question of the Trusteeship Council should be addressed through a comprehensive study on how to channel the Council’s resources in context of overall organizational reform and amendment of the Charter. A trust fund should be set up to continue the Repertory. The Special Committee should focus on fewer topics, and proposals should be submitted well-ahead of time with a cut-off mechanism established.
MWELWA C. MUSAMBACHIME (Zambia) commended the Special Committee on its work to strengthen the role of the United Nations, particularly to enable it to carry out effectively its primary purpose of maintaining international peace and security. Of particular interest to his country was work done on the effective use of sanctions. His delegation acknowledged that mandatory sanctions were an effective mechanism in the maintenance of international peace and security. It was aware, however, that it was normally civilians in those erring States that suffered the consequences of sanctions. To ameliorate the problem, Zambia joined others in recommending that sanctions should be clearly defined and targeted and should not be viewed as a punishment, but as a deterrent. The Special Committee should explore practical mechanisms of alleviating the negative effects of sanctions suffered by vulnerable groups.
On the future of the Trusteeship Council, he said all possible options regarding its status should be explored. His delegation fully supported proposals to improve the working methods of the Special Committee. The Special Committee should set realistic targets in its work, he added.
BONIFACE G. CHIDYAUSIKU (Zimbabwe) said his delegation attached great importance to the issue of the negative impact of sanctions on third States affected by sanctions. The Security Council was keenly aware of the consequences of its decisions, he said and added that there appeared, however, to be no effort on its part to address the issue. If the Council could not take measures to alleviate the burden of a negatively affected third State, it should grant that State a derogation or exemption from complying with the sanctions. He endorsed India’s proposal yesterday for the establishment of a funding mechanism to assist affected States.
He said his delegation felt strongly that the deliberations and recommendations of the Special Committee should be accorded the respect and importance they deserved. It was the body mandated to look at the fundamental and basic document on which the United Nations Organization stood. It was important that the Security Council took the Special Committee’s work seriously. He proposed that the Sixth Committee send a strong message to the Security Council regarding its obligations under Article 50 of the Charter, which dealt with assistance to third States affected by the imposition of sanctions. The “usual compendium of resolutions and Presidential statements is no longer adequate”, he said, adding that the Committee deserved to be advised on the Council’s intentions regarding compliance with that Article.
He said unilateral and illegal sanctions outside the authority of the United Nations should be considered a serious threat to international peace and security. His country, Cuba and others, he said, had been the target of unilateral and illegal sanctions imposed by a few powerful countries. His delegation believed that those developments seriously undermined United Nations authority and needed to be addressed by the Special Committee.
SIDDIG MOHAMED ABDALLA (Sudan) recalled the requirement that sanctions not be applied until all other measures had been exhausted. They should also not be used to punish people or destroy States. It was preferable to secure the cooperation of governments instead of incurring the stand-off situations that tended to arise with the application of sanctions. A strict legal basis must be established for the use of sanctions, with guarantees drawn up to protect third parties.
MAHMOUD HMOUD (Jordan) said the Russian paper on basic conditions for applying sanctions and other coercive measures was a reflection of comments made by others in the Special Committee. It would go a long way toward making sanctions more effective if the Assembly adopted it as a Declaration.
Again, he said sanctions should be clear and well-defined. There should be safeguards so they weren’t designed for vengeance. They should take into consideration the situation of third States and the human rights of all affected. Charter Article 50 on undue harm to third party States should be applied to give an avenue of recourse for redress to harmed parties. Finally, the Repertory should continue to be published.
ALI HAFRAD (Algeria) said he would like the effects of sanctions on third States to be considered in the Sixth Committee. He regretted that recommendations of the expert group on assistance to third States affected by sanctions had not applied. He said sanctions should only be imposed after peaceful means had been exhausted. He stressed the importance of a legal framework for peacekeeping operations as provided for in Chapter 6 of the United Nations Charter. The Special Committee should take up the question of the legal aspects of peacekeeping operations.
On the strengthening of the role of the Organization, he said that given recent developments in the international arena, the General Assembly should take back its fundamental role in the maintenance of international peace and security. It was premature for the future of the Trusteeship Council to be considered, he said. The Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council were useful publications that must be continued. He supported proposals for the establishment of a voluntary trust fund for that purpose.
ITTPONG BOONPRACONG (Thailand) said that sanctions should only be imposed on strict criteria and in accordance with the United Nations Charter and the principles of international law. The Special Committee should come up with guidelines on their imposition. He also supported ongoing efforts of the Secretary-General to ensure the survival of the two publications on the work of the General Assembly and its organs, as well as Security Council activities. He commended the work of the Special Committee, but said there was room for improvement, and supported proposals to that end.
CAROLYN WILLSON (United States) expressed thanks for statements of sympathy toward her country for the loss of her colleague, Ambassador Rosenstock. She said the Special Committee had been his favourite.
Statements in Exercise of the Right of Reply
In exercise of the right of reply, the representative of the Democratic People’s Republic of Korea said the existence of the United Nations Command was a situation that the United Nations needed to rectify. “South” Korea should take the position of having the soldiers in the Command withdrawn. A north-south joint declaration was needed.
The representative of the Republic of Korea said the United Nations Command had been established by virtue of two General Assembly resolutions for the recognized purpose of keeping peace on the Korean peninsula. This was not the right time or place to discuss the Command.
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