UN CHARTER COMMITTEE CONCLUDES 2004 SESSION, ADOPTING REPORT CONTAINING RECOMMENDATIONS ON UN PRACTICE, SANCTIONS
| Press Release L/3064 |
Committee on Charter
and United Nations Role
246th Meeting (PM)
UN Charter Committee Concludes 2004 Session, Adopting Report
Containing Recommendations on UN Practice, Sanctions
Closing its 2004 session, which started on 29 March, the Special Committee on the Charter of the United Nations and on Strengthening the Role of the Organization this afternoon adopted its report, including two draft recommendations: one on establishing a voluntary trust fund for preparation, updating and publication of the Repertory of Practice of United Nations Organs, and another one on the question of assistance to third States affected by the application of sanctions under Chapter VII of the Charter.
The Committee’s report, introduced by its Rapporteur, Sabri Chaabani (Tunisia) and contained in documents A/AC.182/2004/CRP.1-8, including CRP.8/Add.1, and A/AC.182/2004/CRP.9-12, including CRP.12/Add.1 reflected the considerations by the Committee, including those by its Working Group, on issues relating to: maintenance of international peace and security; peaceful settlements of disputes; proposals concerning the Trusteeship Council; Repertory of Practice of United Nations Organs and Repertoire of the Practice of the Security Council; and working methods of the Special Committee, identification of new subjects, and coordination between the Special Committee and other United Nations bodies.
Under “Maintenance of international peace and security”, the representative of the Russian Federation, on behalf of Belarus and Ukraine, introduced a draft recommendation (document A/AC.182/L.118) in which the Special Committee would recommend that the General Assembly should continue to address the question of assistance to third States affected by the application of sanctions applied under Chapter VII of the Charter and implementation of several Assembly resolutions, including resolution 50/51 of 1995 and 58/80 of 2003. The recommendation, as orally revised, was adopted without a vote.
Under the same item, the Committee had also considered a working paper submitted by the Russian Federation entitled “Declaration on basic conditions and standard criteria for the introduction and implementation of sanctions and other coercive measures”. The Committee, according to the report, had further considered: the strengthening of certain principles concerning the impact and application of sanctions; fundamentals of the legal basis for United Nations peacekeeping operations in the context of Chapter VI; the role of the Organization and enhancing its effectiveness; strengthening the role of the United Nations in the maintenance of international peace and security; and a proposal that an advisory opinion would be requested from 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 self-defence.
Also under that item, the representative of the Republic of Korea urged that an addendum to the report (document A/AC.182/2004/CRP.8/Add.1) regarding a statement made calling, among other things, for implementation of General Assembly resolution 3390 (XXX)B of 1975 [regarding the situation on the KoreanPeninsula] be deleted.
He said he had not spoken up before, because the issue addressed did not have bearing on any item before the Committee. However, General Assembly resolution 3390 (XXX)B, of 18 November 1975, mentioned in the original text and by the representative of the Democratic People’s Republic of Korea in the 245th meeting, painted a one-sided picture, as it did not refer to Assembly resolution 3390 (XXX)A, which was in direct contradiction with the former one. Such a one-sided reflection of two contradicting resolutions could reignite a debate the United Nations had avoided for three decades.
The Committee then adopted the addendum, orally revised as follows: “During the general exchange of views at the 245th meeting, a statement was made on the existence of the United Nations Command and actions to be taken by the United Nations”.
Under the item “Repertory of Practice of United Nations Organs and Repertoire of the Practice of the Security Council”, the representative of Brazil, in his capacity as Chair of the Rio Group, introduced a draft recommendation (document A/AC.182/L.117), recommending that the General Assembly establish at its next session a trust fund for the preparation, updating and publication of the Repertory of Practice of United Nations Organs, which should accept solely voluntary contributions by States and private institutions and individuals.
After a short discussion, in which the representatives of Ireland (on behalf of the European Union), Japan and Guinea participated, the Committee adopted a revised text, recommending that the General Assembly review, at the appropriate technical level, the possibility of establishing such a trust fund.
[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 Charter. It consists of a comprehensive summary of the decisions of United Nations Organs, together with review of related material, and presented in such a way as to throw light on questions of application and interpretation of the Charter which have arisen in practice.]
The report mentioned a proposal that the Special Committee consider as a new subject: “Arbitration of disputes between States: possible usefulness of complementing the relevant information in the Handbook on the peaceful settlement of disputes between States”, as that Handbook had been published some 10 years ago.
Editorial suggestions and remarks were made by the representatives of United States, Guinea, Russian Federation, Libya, Guatemala, Ireland and Japan.
At the outset of the meeting, the Special Committee observed a minute of silence on the International Day of Reflection on the Genocide in Rwanda.
* *** *