Sixty-second General Assembly

Sixth Committee

8^th Meeting (AM)

HELP FOR ‘THIRD STATES’ IN APPLICATION OF SECURITY COUNCIL SANCTIONS

NO LONGER MAJOR CONCERN, ASSEMBLY’S LEGAL COMMITTEE TOLD

 

No Complaint Received in Five Years; Debate Begins on Report

On Charter of United Nations and Strengthening Role of Organization

As the General Assembly’s Sixth Committee (Legal) took up the report of the Special Committee on the Charter this morning, the representative of Portugal, speaking for the European Community, said the Security Council’s accomplishments with the sanctions regime were so successful that the question of assisting third States was becoming less and less relevant.

Pointing to progress on the listing and de-listing procedures, he noted that no State in the past five years had approached the sanctions committees concerning special economic problems due to sanctions.  The Council’s success was having the result of avoiding unintended consequences to third parties.

The report of the Special Committee on the Charter of the United Nations and on Strengthening the Role of the Organization was introduced by its Chairman, Andrzej Towpik ( Poland), who noted the topics it had reviewed.

Nigeria’s representative told the Sixth Committee that while the shift in focus toward targeted sanctions had reduced the need to explore measures for assisting third States affected by the application of those sanctions, the effect of sanctions was still so devastating that the Secretariat should continue its work on studying those affects.

On other matters covered in the Special Committee’s report, the representative of Belarus called for work to go forward on considering the submission of a request for a legal opinion from the International Court of Justice on the use of force without prior Security Council approval.

Malaysia’s representative seconded that view, in line with a recommendation contained in a revised working paper by Belarus and the Russian Federation.  She said the request was appropriate in view of recent events in world affairs and the proposal would contribute to the uniform interpretation and application of relevant Charter provisions.

Also speaking today were the representatives of the Dominican Republic (for the Rio Group), Cuba (for the Non-aligned Movement) and Benin (for the African Group).

Other speakers were the representatives of Egypt, Turkey, Libya, Zambia, Morocco, China, India, Sudan, Venezuela, Democratic Republic of the Congo, Côte d’Ivoire, Algeria, Indonesia, Malaysia, United States, Belarus and Japan.  A representative of Cuba also spoke in her national capacity.

There were also introductory statements by Mahnoush Arsanjani, Director of the Codification Division of the United Nations Office of Legal Affairs and the Chief of the Security Council Practices and Charter Research Branch of the Department of Political Affairs, Grevor Boventer.

The Sixth Committee (Legal) is set to meet again at 10:00 a.m. tomorrow, Wednesday, 17 October, when it will continue considering the report of the Special Committee.

Background

The Sixth Committee (Legal) met today to take up the report of the Special Committee on the Charter and on strengthening the Organization’s role, including consideration of the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council.

Before the Legal Committee is the Special Committee’s report (document A/62/33) on its meeting from 7 to 15 February in New York, when it considered a number of issues including the maintenance of international peace and security, the peaceful settlement of disputes, the Repertory and Repertoire (or the practice of United Nations organs), the working methods of the Special Committee and the identification of new subjects.

On the use of sanctions in the maintenance of international peace and security, the report recommends further consideration by the Special Committee of the working document submitted by the Russian Federation (document A/C.6/62/L.6).  That document says sanctions are an important tool in maintaining international peace and security but should be applied only when the Security Council determines the existence of a threat to the peace, breach of the peace or act of aggression.  It adds that sanctions should also be carefully targeted in support of clear objectives and implemented in ways that balance effectiveness against the possible adverse socio-economic and humanitarian consequences for populations and for third States.  The report recommends that the Chairman of Sixth Committee (Legal) bring the relevant sections of the report to the attention of the Chairman of Fourth Committee (Special Political).

On the Repertory of Practice of the United Nations Organs and Repertoire of Practice of the Security Council, the report acknowledges the progress made in reducing the backlog in preparing those publications, while reiterating a call for voluntary contributions to their respective trust funds.  It stresses the responsibility of the Secretary-General for the quality of both publications and calls upon him to continue efforts towards updating the two publications and making them available electronically in all their respective language versions.

The report also addresses the working methods of the Special Committee, and the inclusion or exclusion of topics making little progress within the Committee and being addressed by other United Nations bodies.  In particular, the report brings up the possibility of new items for the agenda, including an item entitled “Consideration of the legal aspects of the reform of the United Nations” and a proposal to review the issue of applying “due process” rules within the Sanctions Committee.

The Secretary-General’s report on implementation of Charter provisions related to assisting third States affected by application of sanctions (document A/62/206 and Corr.1) is also before the Committee.  It highlights Secretariat arrangements related to such States and the operational changes resulting from the shift in focus in the procedures and working methods of the Security Council and its committees with regard to targeted sanctions.  It also highlights developments in the activities of the General Assembly and the Economic and Social Council, in the area of third States affected by sanctions.

In addition, the Committee has before it the Secretary-General’s report on the repertory of practice of United Nations organs and the repertoire of the practice of the Security Council (document A/62/124 and Corr.1).  In it, the Secretary-General recommends that the General Assembly take note of the status of repertory studies and their posting on the Internet in three languages (English, French and Spanish).  He also recommends that the Assembly consider the Special Committee’s recommendations for the Repertory with regard to the increased use of the United Nations internship programme, the further expanded cooperation with academic institutions, the voluntary contributions to the Trust Fund and the sponsoring of associate experts to assist in updating the publication.

On the Repertoire, the Secretary-General recommends that the Assembly note progress made in its updating, and on the attainment of posting in electronic form.  He also recommends that the Assembly reiterate its call for voluntary contributions to the Trust Fund and note the contributions made in the past year, including the support of States in sponsoring associate experts to assist in updates.

The working paper submitted by the Russian Federation (document A/C.6/62/L.6) sets out the parameters for the use of sanctions, their unintended side effects and guidelines for implementation.

Introductory Statements

ANDRZEJ TOWPIK ( Poland), Chairman of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, introduced his Committee’s report.  He noted the topics taken up and the sections of the report pertaining to the topics.

MAHNOUSH ARSANJANI, Director of the Codification Division of the United Nations Office of Legal Affairs, gave an update on progress with the Repertory.

GREGOR BOVENTER, Chief of the Security Council Practices and Charter Research Branch of the Department of Political Affairs, gave an update on the latest progress with the Repertoire.

Statements

NAPOLEÓN BERAS HERNÁNDEZ ( Dominican Republic), speaking for the Rio group, reiterated its recognition of the important function of the International Court of Justice in the settlement of conflicts among States.  He said the Group stressed the importance of resorting to the Court for its opinion on legal matters through its advisory jurisdiction.  And it repeated its request to the Secretary-General regarding the timely circulation of the advisory opinions requested by the principal United Nations organs as official documents of the Organization, as envisaged in resolution A/61/38.

On the working methods of the Special Committee and identification of new subjects, he said, the Rio Group had made proposals for new subjects, particularly one on “Consideration of the legal aspects of the reform of the United Nations”.  Other proposals had been made on the norms and proceedings of the General Assembly, and the application of the rules of due process within the sanctions committee, in particular regarding the listing and de-listing of individuals and entities from the sanctions lists.

Finally, the Rio Group reiterated its support of the work of the Special Committee and hoped that, by presenting substantive documents on the subject under discussion and by introducing new subjects for consideration, its work could be reinvigorated.  The Group reaffirmed the relevance of the Special Committee in the reform process of the Organization.  It congratulated the Secretariat for its continuing efforts in the publication of the volumes of the Repertoire of Practice of the Security Council as well as the Repertory of the Practice of the United Nations organs.  The Group was supportive of the enhanced cooperation between the Secretariat and academic institutions and the voluntary contributions to the Trust Fund.

JOÃO MIGUEL MADUREIRA (Portugal), speaking for the European Union and its associated States, said sanctions, applied in accordance with the United Nations Charter, were an important tool in the maintenance of international peace and security.  The European Union had always participated actively in ongoing discussions relating to the development and review of sanctions regimes, in the United Nations system and in other forums.  The Union welcomed last year’s accomplishments on the question of sanctions which was contained in the final report of the informal Working Group of the Security Council on general issues of sanctions and was endorsed by the Council in resolution 1732 of 21 December 2006.  Portugal’s representative said that to achieve the goals mentioned in the report, the Security Council committee or sanctions matters had listed an impressive range of best practices and methods which the European Union considered would contribute to making sanctions better targeted and more effective than ever before.

He said that, in addition, the Security Council had made notable progress on the issue of procedures for the listing and de-listing of individuals and entities facing sanctions measures.  Pursuant to resolution 1730, adopted on 19 December 2006, he said a “focal point for de-listing” had been established within the Secretariat to receive de-listing requests.  The procedure detailed in the annex to that resolution was valid for all sanctions committees.  Petitioners could now submit de-listing requests either through that focal point process, or through their State of residence or citizenship.  With respect to the Al-Qaida and Taliban Sanctions Committee, he said resolution 1735 adopted on 22 December 2006 had introduced further important steps in the ongoing process, rendering those procedures more predictable, transparent and ultimately, fair.  In particular, he said that more guidance had been provided to States proposing names for inclusion on the Consolidated List.  Those developments showed, he said, that concerns about the conditions and criteria for the introduction and implementation of sanctions had been taken up and addressed by the Security Council.  In the European Union’s view, the Special Committee should take all those developments into consideration when pondering the orientation and usefulness of its future work on the issue.

The representative of Portugal also drew attention to another sanction issue relating to assistance to third States affected by the application of sanctions:  in the past five years no sanctions committee had been approached by any Member State concerning special economic problems arising from the imposition of sanctions by the Security Council to another State.  The issue seemed therefore to become less and less relevant, since the methods adopted by the Security Council and its committees were increasingly successful in avoiding unintended effects to third parties.

The European Union noted the progress made by the Secretary-General in preparing the studies of the Repertory of Practice of the United Nations Organs as well as updating the Repertoire of the practice of the Security Council.  On the Special Committee’s working methods, the European Union said the key for meaningful work lay only in part on the rules and procedures the Special Committee had agreed to follow.  A fresh look should be taken at the issues on the Special Committee’s agenda, as some of them had been under discussion for years.

ISMARA VARGAS WALTER (Cuba) speaking for the Non-Aligned Movement, said its 118 members in the Movement considered the United Nations to be the central and indispensable forum for addressing issues relating to:  international cooperation; economic development and social progress; peace and security; human rights, and the rule of law, based on dialogue, cooperation and consensus-building among States.  The Movement attached great importance to the strengthening of the role of the United Nations as well as the efforts being made to develop its full potential.  Important elements in that reform process were the democratization of its principal organs and respect for the General Assembly’s role and authority, including questions related to international peace and security.  She said the General Assembly remained the chief deliberative, policy-making and representative body of the United Nations.  Its intergovernmental and democratic character, as well as its subsidiary bodies, had contributed to the promotion of the purposes and procedures of the United Nations Charter and the Organization’s objectives.

The Movement, she added, was concerned about Security Council-imposed sanctions, and took the view that sanctions should be imposed only as a last resort.  The objectives of sanctions should not be to punish or otherwise exact retribution on populations.  The objectives should be clearly defined with a specified time-frame, based on tenable legal grounds.  Sanctions should be lifted as soon as their objective had been achieved; then should be imposed only when a threat to international peace and security existed.

JEAN-MARIE EHOUZOU ( Benin), speaking for the African Group, reiterated the need for sanctions to be imposed in accordance with the Charter and international law.  They should be considered only after all means of peaceful settlement of disputes had been exhausted, he said.  Further, they should be imposed for a precise time and lifted when objectives were achieved.  It was imperative to strictly adhere to Article 50 of the Charter, whereby a State had a right to consult the Security Council for a solution to special economic problems that arose from the imposition of preventive enforcement measures by the Council.  The unilateral imposition of economic sanctions as an instrument of foreign policy was of concern. 

Continuing, he said he supported Libya’s recommendation concerning possible payment of compensation to States suffering damage from unlawfully imposed sanctions.  The Special Committee should continue to consider all relevant proposals.

On other matters, he reaffirmed the Charter principles on free choice in means of peaceful settlement of disputes, and also the important role played by judicial mechanisms, particularly the International Court of Justice.  Member States, he said, should make the most effective use of existing procedures in preventing and peacefully settling disputes. 

NAMIRA NABIL NEGM ( Egypt) said the United Nations was going through a tough phase, with its capacity to perform its functions curbed because of a lack of political will to settle disputes peacefully, and the practice of continuing to apply double standards in enforcing the international legitimacy derived from the Charter.  It was imperative for all United Nations bodies to respect the mandates stipulated in the Charter, particularly the Security Council in its application of sanctions.  She said Egypt welcomed the points for discussion in the working paper of the Russian Federation on the implementation of sanctions.

She said there should be continued study of a proposal to submit a request for an advisory opinion from the International Court on legal consequences of resorting to the use of military force without consent of the Security Council.  The committee on Council reform should continue its work until it was complete, and the Special Committee should continue improving its working methods to finalize proposals for strengthening the work of the Organization.

CAGLA TANSU-SECKIN ( Turkey) said her country attached utmost importance to the implementation of the provisions of the United Nations Charter on assistance to third States affected by the application of sanctions; Turkey had suffered considerably from the consequences of such sanctions.  She noted that the revised working paper submitted by the Russian Federation to the Special Committee at its last session no longer referred to the non-permissibility of the situation in which the consequences of sanctions would inflict considerable harm on third States.  Furthermore, it did not provide consultation with third States before the imposition of sanctions.

She said the Russian paper also left out relief measures such as commercial exemptions or concessions to the most-affected third States as well as prompt establishment of effective compensation mechanisms.   Turkey therefore believed that the newly revised working paper did not properly address the hardships shouldered by third States and required further consideration.

She said Turkey attached the utmost importance to the principle of free choice of means of dispute settlement.  It also supported the continued publication of the Repertory of Practice of the United Nations Organs and Repertoire of the Practice of the Security Council.

ABDEIRAZAQ ELMURTADY ( Libya) said his country reaffirmed the importance it attached to the Special Committee on the Charter in its work on the reform of the United Nations.  The Special Committee could not overlook an issue as important as the application of sanctions.  The competency of the Security Council on the question should be based on the United Nations Charter and international law.  That was why, he said, sanctions should be based on a specific time-frame and after all other measures had been exhausted.   Libya believed in the establishment of true democracy throughout the United Nations.  Reform of the Organization should have a special place in the Special Committee’s deliberations, and should remain on its agenda until it was finalized.

BERNARD KANG’OMBE ( Zambia) said the application of sanctions in the past had on occasion created suffering for many innocent people in countries that were not even the target.  The use of sanctions must be guided by the points elucidated at the 2005 World Summit.  Since then, the Council had moved away from comprehensive economic sanctions to targeted ones; improvements in the monitoring of the implementation and effects of sanctions had led to a situation where no Sanctions Committee was approached by a Member State concerning special problems arising from the application of sanctions.  The recommendations and best practices cited in the Working Group’s report were welcome.  It was regrettable, however, that no recommendations explicitly referred to ways of assisting untargeted States affected by the unintended impact of sanctions.

KARIM MEDREK ( Morocco) said the Special Committee had contributed to strengthening the Organization, but had become lethargic in the last years.  Nonetheless, its importance had not diminished.  Sanctions as implemented by Charter provisions were an important tool but they were an instrument of last resort; they should be time-bound and lifted when they had achieved their aim.  They should be lifted when humanitarian conditions warranted or when the targeted party met its obligation.  The effect of sanctions on the innocent should be acknowledged.  The revised working paper submitted by the Russian Federation was now satisfactory, and there was no reason not to submit the document to the Assembly.

Moving on, he said discussion of the peaceful settlement of disputes had been disappointing in its lack of progress.  The measures taken with regard to the two repertoires and the reduction in the backlog were welcome.  Overall, the lack of progress in the Committee could not be attributed to the Committee’s working methods, but was attributable to the “quality of political will”.  Perhaps the Special Committee could be revitalized with a new topic.

CHEN PEIJIE ( China) said the question of assistance to third States affected by sanctions had been a priority on the Special Committee’s agenda for over a decade.  It was imperative to develop a method for assessing the relevant impact of such sanctions and to explore feasible measures for extending international aid to those affected.  A fund and permanent consultative mechanism could be established.  Multi-channelled financial arrangements and economic assistance could also be considered.

She said the development of guidelines for peacekeeping operations was a worthy endeavour for the Special Committee, which should also consider other fresh and current topics, so as to revitalize its own work and that of the Organization.

RAMESHWAR ORAON ( India) noted the various measures taken by the Security Council to mitigate the effects of sanctions.  Those measures had led to significant reductions in unintended economic consequences for third States.  He said the Russian proposal, however, remained relevant and that the adoption of fair and clear procedures in the United Nations sanctions process would strengthen their effectiveness and credibility.  India supported the establishment of a working group within the Sixth Committee to take up the matter of sanctions and third States.  On peacekeeping operations, he said while the political and operational aspects were being dealt with in other committees, India believed that the Sixth Committee could contribute to the debate from the legal angle.  The allocation of an item on the subject to the Committee reflected the need for such scrutiny.

The continuing encroachment of General Assembly mandates by the Security Council concerned India, he said, adding that neither the clear demarcation of powers in the Charter for the expansion of non-permanent membership of the Council had prevented it.  The encroachment could be prevented with the addition of new permanent members, held accountable through reviews, providing the necessary checks and balances.  On the Special Committee’s working methods, he said India would look at new proposals that would contribute to its revitalization as well as that of the Organization itself.

YASIR ABDELSALAM ( Sudan) noted the Special Committee’s work on the peaceful settlement of disputes and said much of the Special Committee’s proposals had been welcomed, but there had not been progress because they were mainly theoretical discussions.  The Special Committee would be revitalized by focusing on matters such as reform of the United Nations organs.  Sanctions were an important area of the Special Committee’s work, their application and use should be guided by the stated guidelines.

ANET PINO RIVERO ( Cuba) said it was more important than ever to uphold the validity, purposes and principles of the Charter.  Further, it was necessary to reach a permanent solution to the implementation of Charter provisions relative to assisting third States.  Any attempt to use sanctions to modify the political or legal system of a country was illegal and violated international law.

She said conflict prevention was of paramount importance, as was the strengthening of the role of the General Assembly in the work of the United Nations.  The repertories were part of the United Nations historical memory that were important research tools for experts.  Any limitations in the Special Committee’s work were due to lack of political will.

ALEJANDRO MORENO ( Venezuela) said his delegation attached importance to the work of the Special Committee on the Charter, recognizing the prominent role of the United Nations in confronting the challenges of human rights, economic development and international peace and security.  He said the situation that existed at the time of the founding of the Organization had changed, and the present multi-polar world provided elements for the strengthening of the United Nations and the democratization of its institutions, with a prominent role given to the General Assembly.

He said sanctions imposed by the Security Council should not be seen as a means of conflict resolution or penalizing a targeted State.  Sanctions must have clear objectives and be balanced, and with attention paid to their effects on civilian populations.  Efforts should be pursued on the question of effects of sanctions on third States, and their negative impact on civilians should be reduced.  The Special Committee would continue to enjoy the support of his Government.

ZENON MUKONGO ( Democratic Republic of the Congo) said his country continued to believe that sanctions should be imposed when there was a threat to international peace and security, and all other avenues to resolve the problem giving rise to it had been exhausted.  He said the sanctions imposed against his country in 2004 should have been targeted, not at the present Government’s actions but at the action of those who were illegally involved in the exploitation of the country’s natural resources.

He said he condemned any course of action that violated Charter provisions on non-use of force in international relations.  The declaration of the 2005 World Summit on the subject should be borne in mind.  He expressed his country’s support for the proposal of the Russian Federation and Belarus seeking an advisory opinion of the International Court of Justice on the legal consequences of the use of force without Security Council authorization.

He said the Democratic Republic of the Congo welcomed the progress made in the publications of the Repertory of Practice of the United Nations Organs and the Repertoire of the Practice of the Security Council.

ALCIDE DJEDJE ( Côte d’Ivoire) said there was a question in the minds of his country’s people on whether sanctions were being used as a tool of retribution.  Despite changes, the proposal by the Russian Federation on sanctions had not made much progress.  The stated guidelines on the use of sanctions must be adhered to.  Additional conditions should not be imposed prior to the lifting of sanctions, and the focus should be on alleviating the unintended effects.

IFEYINWA ANGELA NWORGU ( Nigeria) said the Special Committee’s work was very important, particularly in efforts to provide assistance to third States affected by the application of sanctions.  While the shift in focus toward targeted sanctions had reduced the need to explore the practical and innovative measures of assisting those States, there was still a need for information and understanding about the effect of sanctions and the means by which third States could obtain relief.  She said the Secretariat should therefore continue its work because even when targeted, sanctions could devastate the lives of ordinary citizens in both targeted and third countries.

EL HADJ LAMINE ( Algeria) said his country believed that sanctions should be imposed only when the Security Council had concluded that there was a clear threat to international peace and security, and all means to resolve the cause leading to it had been exhausted.  Unilateral impositions of sanctions were counterproductive, he said.  Sanctions should be periodically reviewed.  He said Algeria supported the proposal of the Russian Federation on the establishment of a working group of the Sixth Committee to study “the basic conditions and standard criteria for the introduction and implementation of sanctions imposed by the United Nations”.  He urged the continued consideration of the Cuban proposal on redefining of the powers and functions of the General Assembly and its relationship with the Security Council.

Algeria welcomed the progress of work on the Repertory of Practice of United Nations Organs and the updating of the Repertoire of the practice of the Security Council, and said the publications were valuable working tools.

ADAM TUGIO ( Indonesia) reiterated his delegation’s belief in the importance of the United Nations Charter and the strengthening of the Organization’s role.  He said the United Nations could not play that role unless it was appropriately strengthened to do so, hence the importance of the Special Committee.  The elements in that effort involved the democratization of the principal organs, the establishment of the primacy of the General Assembly and ensuring balance in the authority and responsibilities of the major organs as mandated by the Charter.  He said ways should be found to make the General Assembly both efficient and effective.  He noted the important role of the International Court of Justice in the adjudication and settlement of disputes between States.

On sanctions, he said that they must be adequately and clearly defined as well as reviewed routinely, according to a set of defined criteria.  Sanctions should be lifted as soon as they were perceived to have achieved their objectives or were hurting the vulnerable.

NUR RUWENA MOHD NURDIN ( Malaysia) reviewed the appropriate application of sanctions and referred to the working paper submitted by Libya on strengthening certain principles concerning the impact and application of sanctions.  She said she had no objection to the paper being considered in the Special Committee if it were determined to be within the Committee’s terms of reference and was guided by the chairman’s confirmation.  The working paper by the Russian Federation on guidelines for peacekeeping should be brought to the attention of the Chairman of the Fourth Committee (Special Political).

She expressed support for the revised working paper by Belarus and the Russian Federation, recommending that an advisory opinion be requested from the International Court of Justice on the use of force by States without prior authorization from the Security Council.  She said the request was appropriate in view of recent events in world affairs.  Views had been deeply divided during discussions on the use of force.  The proposal would contribute to the uniform interpretation and application of relevant Charter provisions.

RODGER YOUNG ( United States) reiterated the view that the Article of the Charter relevant to assisting third States was a mechanism for discussing the effects of sanctions on third States without requiring the Council to take any specific actions.  The Secretary-General had just reported on the efficacy of the newly-targeted sanctions.  There was no need to actively consider establishing a fund to address an abstract concern.

Continuing, he noted the Secretary-General’s observation on the freezing of assets as a way of mitigating economic burdens on targeted individuals.  As reported, in every case that the assets freeze had been applied, the Security Council had also adopted exceptions by which access could be gained to the frozen funds.  In the area of de-listing, a focal point had been established in 2006 to receive de-listing requests.

In relation to new subjects to be considered by the Special Committee, he said the proposal on legal aspects of reforming the United Nations could be considered from the standpoint of giving the Special Committee a technical role in implementing decisions to amend the Charter at the appropriate time.  Further information would be helpful prior to the Charter Committee’s meeting in the spring.

VIKTAR SHAUTSOU ( Belarus) said he supported establishing a working group to determine and set down the stated standards on the application of sanction.  Work should go forward on the question of submitting a request for a legal opinion of the International Court of Justice on the use of force without prior Security Council approval.  All proposals on the matter would be considered.

TOMOHIRO MIKANAGI ( Japan) noted that measures had been adopted last year to improve the Special Committee’s working methods, but he said they were not enough and further measures should be considered.  New items, as an example, were to be introduced in line with the strict new rules.  Discussions were to be efficient.  Considering the delay already encountered in implementing the agenda of the Sixth Committee (Legal), not too much time should be spent on discussing any item of the Special Committee outside the Special Committee.

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