Committee on Charter

and United Nations Role

251^st Meeting (AM)

SPECIAL COMMITTEE ON UNITED NATIONS CHARTER OPENS 2007 SESSION;

SANCTIONS REGIMES, LEGAL ASPECTS OF PEACEKEEPING AMONG ISSUES

The Special Committee on the United Nations Charter, tasked by the General Assembly with addressing fundamental issues of the Charter and strengthening the Organization overall, opened its 2007 session this morning with speakers making general statements on the scope and status of the Committee’s work in dealing with key issues on its agenda, including implementing the Charter provisions related to assistance to third States affected by sanctions and the legal aspects of United Nations peacekeeping operations.

The Committee, formerly known as the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, was established in 1974 to examine proposals to strengthen the Organization’s role in maintaining peace and security, develop cooperation among nations and promote the rules of international law. 

Addressing the impact of sanctions on civilians and third States, most speakers emphasized the need for Security Council-imposed sanctions to be used as a last resort and in strict compliance with the United Nations Charter and international law.  Cuba’s representative, on behalf of the Non-Aligned Movement, stressed the need for sanctions regimes to be clearly defined and subject to periodic review, adding that sanctions should be imposed only when a threat to international peace and security or an act of aggression existed, and not “preventatively” in cases of a mere violation of international law, norms or standards.  Rather, targeted sanctions could be imposed as long as they did not directly or indirectly victimize the population of the targeted State.

While agreeing that sanctions should be designed carefully to minimize any adverse impact on third parties, Germany’s representative, on behalf of the European Union, noted that, according to the Secretary-General’s latest report on the provisions of the Charter related to assistance to third States affected by sanctions, no Member State had, in the past year, approached a sanctions committee to report special economic problems resulting from sanctions against others.  Indeed, the fact that Secretary-General reports during the past five years had noted no such communication by any Government was ample proof that the Council’s efforts to more finely calibrate sanctions were increasingly successful in preventing unintended effects on third parties.

Emphasizing the need for the Council’s continued effort to mitigate the humanitarian impact of sanctions, Senegal’s representative, on behalf of the African Group, stressed the need for strict adherence to Article 50 of the Charter, which gave third States the right to consult the Council on special economic problems resulting from sanctions imposed on another State.  Noting several of the proposals before the Committee, he supported the request for an advisory opinion by the International Court of Justice on the legal consequences of the use of force by States without the Council’s prior authorization.  He also supported the proposal concerning the provision of possible compensation for damages caused by unlawfully imposed sanctions.

The United States representative, however, said that, while Article 50 of the Charter provided a mechanism to discuss the effects of sanctions, it did not require the Council to take any specific action.  She, too, welcomed the Secretary-General’s report, which again noted that the Council continued to impose targeted sanctions measures that helped to minimize unintended problems for States and confirmed that, since 2003, all of the Council’s existing sanctions regimes had been targeted.  Compliance did entail costs, however, and the United States would continue to consider them through appropriate mechanisms, such as the international financial institutions. 

Noting that the United Nations was still far from creating a method to assist third parties affected by Security Council sanctions imposed on other States, the representative of the Russian Federation said the time had come to adopt a decision on the working paper submitted by the Russian Federation entitled “Declaration on the Basic Conditions and Standard Criteria for the Introduction and Implementation of Sanctions and Other Coercive Measures”, as it took into account the views of many States.  He also supported a unified document on the fundamentals of peacekeeping operations in the context of the Charter, which could serve as a practical way to resolve Council disputes on peacekeeping operations.

Libya’s representative believed the international community had arrived at a consensus on the need to reform the United Nations and take appropriate measures to reactivate its role on the basis of peace, justice and democracy.  The changes that had occurred had shown the need to improve the world body’s performance, particularly in the area of peace and security.  Libya’s proposal contained ideas that could help the Committee promote the role of the United Nations in strengthening peace, particularly the role of the General Assembly and its link with the Security Council to enhance peace and security.

In other business, the Committee adopted its agenda and programme of work for the session.  The Committee also elected Andrez Towpik ( Poland) as its Chairman.  Yasir Abdelsalam ( Sudan) was elected as Vice-Chairperson and Gustavo Alvares ( Uruguay) as Rapporteur.  The election of the Committee’s two remaining Vice-Chairmen was postponed, however, pending consultations of the Western European and Other States Group and the Asian Group. 

At the beginning of the meeting, the Committee observed a moment of silence in memory of former Committee member, Professor Vladimir Fedorov of the Russian Federation, who passed away last fall.  Expressing members’ condolences on his passing, the Committee Chairman said Mr. Fedorov was not only a bright diplomat and prominent legal scholar, but also a person of good humour and warm character.

The United States’ representative said the Committee had lost both a gentleman and scholar.  With Mr. Fedorov’s encyclopaedic knowledge of the Charter, the Committee had also lost one of its pillars.  Indeed, his passing represented the end of an era.  Expressing gratitude for the Committee’s expression of sympathy, the representative of the Russian Federation said he would convey the Committee’s words to the family of Mr. Fedorov.

Also speaking today were the representatives of the Democratic People’s Republic of Korea, Morocco, Botswana, Belarus, Algeria, China, the Republic of Korea, Iran and Egypt.  The representative of the Democratic People’s Republic of Korea also spoke in the exercise of the right of reply.

The Special Committee will meet in open session at a date to be announced.

Statements

ILEANA NUNEZ MORDOCHE (Cuba), speaking on behalf of the Non-Aligned Movement, stressed the importance of reforming the United Nations according to principles and procedures established by the Charter, while preserving the Charter’s legal framework.  She supported the proposal in paragraph 74 of document A/61/33 to include in the Committee’s agenda a new item entitled “Consideration of the Legal Aspects of the United Nations Reform Process”. 

The Security Council-imposed sanctions regime should be clearly defined and subject to periodic review.  Sanctions should be imposed only when a threat to international peace and security or an act of aggression existed, in accordance with the Charter.  They should not be imposed “preventatively” in cases of a mere violation of international law, norms or standards.  Rather, targeted sanctions could be imposed as long as they did not directly or indirectly victimize the population of the targeted State.

THOMAS FITSCHEN (Germany), speaking on behalf of the European Union, said sanctions should be implemented and monitored effectively and designed carefully to minimize any adverse impact on third parties.  The recent Secretary-General report on the provisions of the Charter related to assistance to third States affected by sanctions (document A/61/304) noted that in the past year no Member State had approached the sanctions committees to report special economic problems resulting from sanctions against others.  Secretary-General reports during the past five years had noted no such communication by any Government.  That was ample proof that efforts of the Security Council and its committees during the past few years to calibrate sanctions more finely were increasingly successful in preventing unintended effects on third parties.

The Council, in resolution 1698, had commissioned a special report on the potential economic, social and humanitarian impact of possible measures on the population of the Democratic Republic of the Congo –- proof that the Council was following up on its resolve.  Regarding the consolidated Al-Qaida/Taliban sanctions list, he said the standard cover sheet adopted by the Committee in July 2006, under resolution 1267, as well as the new procedures regarding listing proposals as foreseen in Council resolution 1735, were important steps in making procedures more predictable, transparent and fair.  The Security Council had effectively addressed concerns raised about the effects of sanctions -– which had motivated, among others, the papers submitted by the Russian Federation and Libya.  The Charter Committee should take all that into account during the current session.

GEORGE TALBOT (Guyana), speaking on behalf of the Rio Group, said the Committee was important, given its mandate to address fundamental issues regarding the Charter, as well as strengthening the Organization overall.  The Committee’s relevance was further underscored by reforms currently being undertaken.  The international community continued to face many challenges in the maintenance of international peace and security, bringing into relief the need to intensify efforts towards the pacific settlement of disputes and the reduction of tensions.  The establishment of mechanisms, as well as assistance offered by the United Nations to settle disputes between States, underscored the need for the strengthening of the Organization’s current capability in the area of conflict prevention.

On the question of the applicability of sanctions, he said such measures should be utilized only as an option of last resort and administered in accordance with specific terms and goals, subsequent to an objective assessment of the unintended resources they could generate.  The Committee should remain seized of the issue and advance deliberations with the goal of establishing a comprehensive and objective framework which allowed for broad-based adaptation.  A major challenge to the Committee was the status of proposals that remained under consideration.  To contribute to the examination of the legal matters involved in the process of United Nations reform, the Group reiterated the proposal regarding consideration of the inclusion of a new item on the Committee’s agenda entitled, “Consideration of the legal aspects of the reform of the United Nations”.  He also commended the Secretariat for expediting publication of the volumes of the Repertoire of Practice of the Security Council as well as the Repertory of Practice of United Nations organs, which were available on the United Nations web page. 

MAMADOU MOUSTAPHA LOUM ( Senegal), speaking on behalf of the African Group, said Council sanctions should be imposed in accordance with the Charter and international law during a precise period and should be lifted once the objects were achieved.  They should be non-selective and targeted to mitigate their humanitarian impact.  The Council should continue its efforts in that regard.  He stressed the need for strict adherence to Article 50 of the Charter, which gave third States the right to consult with the Council on special economic problems resulting from sanctions imposed on another State. 

He supported the “Declaration on the Basic Conditions and Standard Criteria for the Introduction and Implementation of Sanctions and Other Coercive Measures” as well as the revised request of the International Court of Justice opinion on the use of force.  He also supported the salient points in Libya’s proposal, particularly concerning the provision of possible compensation for target and/or third States for damages caused by unlawfully imposed sanctions.

YUN YONG IL (Democratic People’s Republic of Korea) said the root cause of all problems of international relations was the violation by big Powers of the principles of sovereignty, equality and non-interference enshrined in the Charter.  The recently adopted Security Council resolution against his country showed that big Powers used the United Nations for their political purposes.  The Council kept mum on threats by the United States, which targeted the Democratic People’s Republic of Korea for a “nuclear pre-emptive strike”, but concluded that the Democratic People’s Republic of Korea’s counter self-defence measures were a threat to international peace and security and adopted a groundless resolution imposing sanctions.  That clearly showed that the Council was incapable of judging who actually threatened global peace and security. 

Due to the arbitrariness of big Powers, the United Nations had, over the years, lost its credibility, he said.  In that regard, he stressed the need to radically strengthen the mandate of the General Assembly -- the United Nations highest body.  The United Nations command in the Republic of Korea, a remnant of the abuse of the United Nations name by the United States, caused tremendous suffering for the Korean people, further aggravating tension on the Korean peninsula and impeding reunification.  The United States had resurrected the United Nations command under the pretext of strengthening the “role” of nations involved in the Korean War and was accelerating its “structural reform” to ignite another war against the Democratic People’s Republic of Korea.  He called on the Committee to take drastic measures to immediately dismantle the United Nations command in the Republic of Korea as a part of the United Nations reform.

SALEH A.I. ELMARGHANI ( Libya) said his delegation had followed with interest the Committee’s work, submitting specific proposals on various agenda items.  He hoped the Committee would play a key role in United Nations reform.  The international community had arrived at a consensus on the need to reform the United Nations and take appropriate measures to reactivate its role on the basis of peace, justice and democracy.  The changes that had occurred had shown the need to improve the performance of the world body, particularly in the area of peace and security.  His delegation’s proposal contained ideas that could help the Committee promote the role of the United Nations in strengthening peace, particularly the role of the General Assembly and its link with the Security Council.  The Sixth Committee should consider the legal aspects of the proposal in the hope that it would submit a recommendation to the Assembly. 

Regarding Libya’s document, he said there was no point in getting into the details.  The ideas and principles to be considered and discussed were more important today than in the past.  The proposal of the Russian Federation on the basic conditions for implementing sanctions contained important and common points with Libya’s proposal.  Sanctions must be imposed only in a narrow framework and should not mean that targeted States endured human or a financial burden.  Further, the right to fair compensation was a consideration.  While he supported the proposal of the Russian Federation, final agreement on such a proposal should not be on anything less than what was in the Libyan proposal.  All proposals should be treated on an equal footing. 

On the Repertoire of Practice of the Security Council and the Repertory of Practice of the United Nations organs, he said both those documents needed to be published in all official United Nations languages to ensure that researchers had access to them.  He proposed voluntary funding for publishing those documents in each language, via a special trust fund. 

KARIM MEDREK ( Morocco) supported the statements of the representatives of Cuba and Senegal.  Member States must step up political will to revitalize the work of the Special Committee on the Charter.  Delegations should prepare to rid stagnant agenda items and introduce new ones.  He supported paragraph 74 of document A/61/33 on the introduction of a new item concerning consideration of legal aspects of United Nations reform.  Sanctions imposed under Chapter VII must be a last resort to resolving international threats, in accordance with the Charter and international law, and must be issued timely and effectively.

He supported the revised text of the Russian Federation, which included Libya’s key points on strengthening certain principles on applying sanctions and the subsequent impact of those sanctions.  He supported the Secretary-General’s measures to eliminate the delay in publication of the Repertory of Practice of the United Nations and the Repertoire of Practice of the Security Council.

TAPIWA S. MONGWA ( Botswana) said the Committee’s invaluable contribution to the Special Committee to the advancement of multilateralism and diplomacy was commendable, as it continued to consider the question of maintenance of international peace and security in all its aspects, as well as explore practical ways of strengthening the Organization.  While the Security Council might be the organ of the United Nations with primary responsibility for the maintenance of international peace and security, the persistent endeavour to build a more peaceful and better future required partnership and mutual support.  As one of the Assembly’s subsidiary bodies, the Special Committee should strive to strengthen the Assembly’s Charter role in such matters as the maintenance of international peace and security.  For the Committee to remain truly relevant, it must regularly undertake self-examination and reflection.

Regarding the Committee’s working methods, she said the further exchange of views on the subject should have the primary objective of rationalizing the Committee’s working methods.  In exercising its important role of examining the legal aspects of issues, the Committee should complement, rather than duplicate, work done elsewhere.  The Committee should continue exploring practical ways to alleviate the special economic circumstances foreseen under the provisions of Chapter VII of the Charter.  While sanctions were one of many peace enforcement tools, if not properly targeted and reviewed, their debilitating impact could not be ignored.  Africa had seen the greater share in the application of such measures, in most cases for good reasons.  Like many other regions, however, innocent civilian populations and already wretched economies had borne the burnt of the shortcomings of sanctions.  

ILYA ROGACHEV ( Russian Federation) said the United Nations was still far from creating a method to assist third parties affected by Security Council sanctions imposed on other States.  Political will was lacking in that regard.  Adoption of the draft documents before the Special Committee would allow for the strengthening of the legal aspects of the Organization.  A decision was needed on the working paper submitted by the Russian Federation entitled “Declaration on the Basic Conditions and Standard Criteria for the Introduction and Implementation of Sanctions and Other Coercive Measures”.  The draft document took into account the views of many States.  The Russian Federation was open to dialogue to amend the present texts in light of recent United Nations work on the subject.  The draft should be adopted as an addendum to the General Assembly resolution concerning the report of the Special Committee.

The principle of the non-use of force was a key element in today’s interstate relations, he continued.  A unified document on the fundamentals of peacekeeping operations in the context of the United Nations Charter could serve as a practical way to resolve Council disputes on peacekeeping operations.  He also supported the revised working paper on improving the Special Committee’s working methods.  He supported continued publication of the Repertory of Practice of the United Nations and the Repertoire of Practice of the Security Council.

Mr. BARBUK (Belarus) said the draft resolution submitted to the General Assembly by the Russian Federation and Belarus on the request for an advisory opinion from the International Court of Justice on the legal consequences of the use of force without prior authorization by the Security Council, except in the exercise of the right to self-defence, was aimed at strengthening the mechanism enshrined in the Charter for strengthening international peace and security.  New approaches had emerged on the interpretation of the Charter on the use of armed force, including the unilateral use of force.  Receiving an advisory opinion would promote a uniform application of the Charter in particular regarding the use of force in stopping aggression and restoring security. 

He said one of the most important questions being considered by the Sixth Committee was the draft proposal on the basic conditions for the implementation of sanctions.  That document could be approved by the Committee.  Sanctions were an extreme coercive measure and its consequences for third-party States must be carefully assessed.  The next important issue was that of the legal basis for United Nations peacekeeping operations.  The Committee’s work on the issue should also be considered by the Special Committee on Peacekeeping Operations. 

EL HADJ LAMINE ( Algeria) said Council sanctions must be used as a last resort to settle disputes and done so in strict compliance with the United Nations Charter and international law.  They should be reviewed periodically and lifted once objectives were achieved, in accordance with the World Summit document on sanctions.  He supported the Russian Federation’s paper titled “Declaration on the Basic Conditions and Standard Criteria for the Introduction and Implementation of Sanctions and Other Coercive Measures”.

He supported the creation of the new Secretariat focal point for listing and de-listing on individuals and entities, but said such efforts were not enough.  The use of armed force without prior Council authorization was highly sensitive in nature and deserved specific attention.  He supported the revised request of the International Court of Justice opinion on the use of force.  He expressed hope that there would be consensus on the International Court of Justice opinion, so that the General Assembly could make use of the opinion, in line with Article 96 of the Charter.  Further, he supported the statement by the Cuban delegate and the working paper on “Consideration of the Legal Aspects of the United Nations Reform Process”. 

LIU ZHENMIN ( China) said the Committee, which was the only permanent mechanism to deliberate on the United Nations Charter, had made significant contributions to the strengthening of the Organization.  As long as it could demonstrate its political will, the Committee would play its role and contribute to the revitalization of the United Nations work.  He hoped the Committee would make progress on the issue of assistance to third-party States.  The United Nations should formulate the methods to assess the effects on third States and explore workable measures to provide assistance to them.  The Committee could consider the provision of assistance through such measures as the establishment of a fund and multi-channel arrangements and assistance.

On the criteria for sanctions, he said sanctions could only take place after exhausting all means of peaceful settlement.  The implementation of sanctions should follow strict criteria.  Sanctions should be targeted and minimize the negative consequences on civilian and third States.  Timely assessments should be conducted on their effects.  On the formulation of fundamental principles governing peacekeeping operations, he said a legal framework to define the principles governing peacekeeping operations would help improve United Nations peacekeeping.  The consideration of the issue by other United Nations bodies would not prejudice that of the Special Committee.  Revision of the Charter should be considered in the overall context of the United Nations reform and strengthening the Organization’s role.  The issue should be handled, therefore, with caution.  Pending a clear mandate by the Assembly, the Committee should refrain from taking up the issue of revising the Charter.

ELISABETH WILCOX ( United States) said she hoped the session would proceed in the spirit of efficiency and avoid duplicating efforts under way in other United Nations bodies.  She commended the efforts of colleagues from Japan and co-sponsors of the working paper on improving the Committee’s working methods, which had been adopted at the last session.  More needed to be done in that regard, however.  She hoped the Committee’s adoption of the working paper could be viewed as a useful first step in a continuing process to address the significant issues of Committee efficiency and urged the Committee to remain focused on ways to improve its productivity throughout the session.

The Committee had a number of longstanding proposals before it, she said.  Many of the issues had been taken up elsewhere in the United Nations.  The Committee should be cautious about adding new items to the agenda at the current time.  Regarding sanctions, she noted positive developments elsewhere in the United Nations that were designed to ensure that the system of targeted sanctions remained a robust tool for combating threats to international peace and security. 

She also noted the continuing assertions of some that Article 50 required the Council to take some sort of specific action, in addition to consulting with States should economic problems arise.  Article 50 consultations provided a mechanism to discuss the effects of sanctions, but did not require the Council to take any specific action.  In that regard, she welcomed the Secretary-General’s most recent report, which noted once again that the Council continued to impose targeted sanctions measures that helped to minimize unintended problems for States and confirmed that, since 2003, all of the Council’s existing sanctions regimes had been targeted.  During the period covered by the report, no Member State had approached any sanctions committee concerning special economic problems arising from sanctions.  The United States did recognize, however, that compliance did entail costs and would continue to consider them through appropriate mechanisms, such as the international financial institutions.

CHOI SUNG SOO ( Republic of Korea) welcomed the adoption of the revised working paper on working methods of the Special Committee.  He expressed hope that improving the working methods, coupled with the political will of Member States to do so, would improve efficiency.  In terms of the United Nations peacekeeping presence on the Korean peninsula, he said Council resolutions 84 and 88 adopted in 1950, which had been officially recognized, had charged the United Nations command with maintaining peace on the peninsula.  The United Nations command there was indeed valid.  Today’s meeting was neither the time nor place to discuss its status. 

ESMAIEL BAGHAEI HAMANEH ( Iran) said the United Nations could be proud of its role in maintaining international peace and security.  Unfortunately there had been increasing instances of the unlawful threat and use of force by some States under different pretexts.  The United Nations was unwilling to take due courses of action.  The Special Committee on the Charter should play a critical role in that regard.  He supported the request of the Russian Federation and Belarus to get an advisory opinion from the International Court of Justice on the unilateral use of force.  That request showed that the international community was cognizant of the violation of the use of force by certain States.  An International Court of Justice advisory opinion could contribute to the principle of the use or non-use of force, which were basic tenets of the Charter.

Council sanctions had, in many cases, been reduced to a subjective, manipulative tool used at the disposal of certain members for their own political objectives.  Clear, objective criteria were needed for establishing sanctions.  The Council should be held accountable.  Targeted States should have the right to compensation for the negative impact of sanctions unlawfully imposed on other States.  He supported the paper submitted by the Russian Federation on standard criteria for imposing sanctions, as well as Libya’s paper on strengthening certain principles concerning the application and impact of sanctions.

Ms. NEGM ( Egypt) said she attached great importance to the Committee’s work.  Egypt reaffirmed the vital role of the Committee on United Nations reform, as the General Assembly was the main forum for dealing with international cooperation in all its aspects, including international peace and security.  She reaffirmed the importance of the Committee’s examination of the legal aspects of the reform process and reaffirmed the need to continue examining the negative impact of sanctions.  The imposition of sanctions must be resorted to only as a last resort.  She also affirmed the need to set a timeframe for sanctions as soon as the reason for their application expired.  Many measures had been added to the sanctions regime.  The Security Council’s consideration of the sanctions issue did not stop the General Assembly from addressing the issue, as the main body authorized to examine all issues affecting Member States. 

She noted also the importance of adding new items to the Committee’s agenda to reinforce its role and affirmed the importance of preparing the Repertory of Practice of United Nations organs and Repertoire of Practice of the Security Council.  She called on all Member States to make proposals that not only would reinforce the Committee’s role, but also that of the Assembly and the Organization as a whole.

Right of Reply

YUN YONG IL (Democratic People’s Republic of Korea), in exercise of the right of reply, said the Council resolutions of July 1950 –- which the representative of the Republic of Korea referred to in his statement –- was adopted without the approval of the then Soviet Union.  The United Nations command did not receive any financial or other support from the United Nations.  The United Nations command on the Korean peninsula had no relation to the United Nations.  The representative of the Republic of Korea was merely attempting to justify its existence. 

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For information media • not an official record