Committee on Charter

and United Nations Role

253^rd Meeting (AM)

CRITERIA FOR IMPLEMENTATION OF SANCTIONS, LEGAL ASPECTS OF UNITED NATIONS REFORM

AMONG ISSUES, AS SPECIAL COMMITTEE ON CHARTER OPENS SESSION

The Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization opened its 2008 session today, hearing general views of its members on key issues, such as implementing Charter provisions related to assistance to third States affected by sanctions, improving Security Council procedures for de-listing individuals and entities from sanctions lists, and strengthening working methods.

The Special Committee 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.

Most speakers at today’s meeting focused on the impact of sanctions on civilians and third States, with the representative of Slovenia, speaking on behalf of the European Union, among those believing that sanctions, applied in line with the Charter, were an important tool for maintaining and restoring international peace and security, a position “unequivocally” recognized by the 2005 World Summit.  They should be implemented and monitored effectively, with clear benchmarks, and periodically reviewed.  In addition, the Security Council had made progress on the issue of listing and de-listing individuals and entities on sanctions lists, he said, notably with the establishment of a focal point for handling de-listing requests.

Echoing similar thoughts, Cuba’s representative, speaking on behalf of the Non-Aligned Movement, also stressed that Security Council sanctions should be imposed only when there existed a threat to international peace and security; they were not applicable “preventively”.  Targeted sanctions could be a better alternative, as long as the population of a targeted State was not victimized.

To that point, Turkey’s representative said assistance to third States affected by the application of sanctions was a significant issue for her country, since, as a third State, it had suffered considerably from sanctions.  She supported the idea of establishing a working group to study such matters, and hoped to make progress in considering the Russian Federation’s revised working paper on the basic conditions for introducing and implementing sanctions.

The representative of the Dominican Republic, on behalf of the Rio Group, said his delegation had tabled a proposal to consider the legal aspects of United Nations reform, satisfying a need to create a group of legal experts with the authority to review legal issues.  The proposal’s objective was to review, under a judicial-technical perspective and in a multilateral framework, those aspects when requested by the General Assembly, and to present recommendations on modifications to the United Nations Charter.

In other organizational matters, the Special Committee adopted its work programme for the session, which is expected to conclude on 7 March.  It also elected Karim Medrek ( Morocco) as Chairman, and Thomas Fitschen ( Germany), Monika Popenskova ( Czech Republic) and Gustavo Alvarez ( Uruguay) as Vice Chairpersons.  Phuchphob Mongkolnavin ( Thailand), nominated by the Group of Asian States, was elected as Rapporteur.

Also speaking today were the representatives of the Democratic People’s Republic of Korea, Venezuela, Algeria, China, United States, Russian Federation, Republic of Korea, Belarus, Nigeria, Iran, Egypt, Israel, India, Indonesia, Cuba, Trinidad and Tobago, South Africa and New Zealand.

The Special Committee will reconvene in plenary session on 7 March.

Background

The Special Committee had before it several documents, including:  General Assembly resolution 62/69 (2007); Special Committee reports for the 2006 and 2007 sessions (A/61/33 and A/62/33); four reports of the Secretary-General on the implementation of the provisions of the Charter related to assistance to third States affected by the application of sanctions under Chapter VII of the Charter (documents A/53/312, A/60/320, A/61/304 and A/62/206 and Corr.1); and a revised working paper by the Russian Federation entitled Basic conditions and standard criteria for the introduction and implementation of sanctions imposed by the United Nations (document A/C.6/62/L.6).

Also before the Committee was a proposal dated 14 February 2008, submitted by the Dominican Republic, on behalf of the Rio Group, entitled “Consideration of the Legal Aspects of the Reform of the United Nations” (document A/AC.182/L.126).

Statements

FRANCISCO CORTORREAL ( Dominican Republic), speaking on behalf of the Rio Group, recognized the Special Committee’s value in the revitalization of the United Nations.  Full realization of its mandate was based on the political will of Member States and optimizing methods of work.  The reform process was not limited to changing certain structural aspects of the Organization.  There was a “transcendental” objective intrinsically related to maintaining peace and security in an atmosphere of respect for State sovereignty.  That included any General Assembly decision or document related to amending the Charter.

The Group gave priority to peaceful means in the resolution of disputes, he said.  Application of coercive measures constituted the last option in the United Nations system, in line with the Charter.  The Group’s proposal for considering the legal aspects of United Nations reform satisfied a need to equip a group of legal experts with the authority to review the legal issues.  The goal was to review, under a judicial-technical perspective and in a multilateral framework, those aspects when requested by the General Assembly, and to present recommendations on modifications to the United Nations Charter.

ILEANA NÚÑEZ MORDOCHE (Cuba), speaking on behalf of the Non-Aligned Movement, said the Special Committee should play a key role in the current United Nations reform process, as mandated by resolution 3499 (1975).  The United Nations was the central forum for addressing issues related to international cooperation, economic development, peace and security, and the rule of law.  It was important for the Organization to develop to its full potential.  In that context, she said democratization of the principal organs was an important element in the United Nations reform process.  The General Assembly remained the chief deliberative organ, and its subsidiary bodies had contributed to promoting the purposes and procedures of the United Nations Charter.

She reiterated the importance of carrying out reform in line with principles established by the Charter, saying that the Special Committee could contribute to examining legal matters in that process.  She supported the proposal to include a new item on the agenda entitled “Consideration of the Legal Aspects of the United Nations Reform”, adding that it was time for the Special Committee to adopt a decision on it.

She said Security Council sanctions were a serious concern, and should only be imposed when there existed a threat to international peace and security; they were not applicable “preventively”.  Targeted sanctions could be a better alternative, as long as the population of the targeted State was not victimized.  The objectives of sanctions regimes should be clearly defined, and subject to periodic review.  She urged the Special Committee to debate the important proposals before it.

MARKO RAKOVEC (Slovenia), speaking on behalf of the European Union, said his delegation’s position was clear that sanctions, applied in line with the Charter, were an important tool for maintaining and restoring international peace and security, a position “unequivocally” recognized by the 2005 World Summit.  They should be implemented and monitored effectively, with clear benchmarks, and periodically reviewed.  He welcomed the final report of the Informal Working Group of the Security Council on General Issues of Sanctions.

The Security Council had made progress on the issue of listing and de-listing individuals and entities on the sanctions lists, notably with the establishment of a focal point for handling de-listing requests.  All current sanctions regimes were targeted in nature, and the Secretary-General’s reports for the past six years had noted no State communication concerning special economic problems arising from the implementation of sanctions.  Work on the issue of sanctions was bearing fruit.  Nonetheless, it was important to avoid the duplication of work, and he called for the urgent conclusion of work on that issue.  On the peaceful dispute settlement, he recalled States’ duty under Article 2 of the Charter.

Turning to working methods, he hoped the Committee could follow the adopted methods more closely, and the Union was ready to consider any new proposal in that regard.  The time had come to reconsider or discontinue discussion on lingering agenda items.  Regarding two publications -- Repertory of Practice of UN Organs and Repertoire of the Practice of the Security Council -- the Union welcomed efforts to reduce the backlog in their preparation.

YUN YONG IL (Democratic People’s Republic of Korea) said the principles of respect for independence and sovereign equality were enshrined in the Charter, yet continued to be a serious violation in international relations.  There was a growing concern at the Security Council’s “overriding” of the General Assembly’s functions.  To overcome such issues, efforts should be made to ensure a central role for the United Nations in addressing international issues.  Unilateralism had failed to resolve issues such as counter-terrorism, and only aggravated the overall situation.  Such actions should not be tolerated.

Also, there was a need to democratize the United Nations as soon as possible, and enhance the role of the General Assembly, the highest policymaking organ.  It had less power than the Security Council in deciding international peace and security issues, and had been prevented from fully discharging its functions by the Council.  For that reason, the Assembly should be empowered to endorse Council resolutions related to the use of force and sanctions.  Further, the Council should be reformed to ensure full representation of developing countries.  His delegation supported Cuba’s proposal to address such issues.

JAVIER GÓMEZ GONZÁLEZ ( Venezuela), associating himself with the Non-Aligned Movement and the Rio Group, said his Government was determined to achieve peace and security, and would collaborate with other States in those efforts.  He welcomed initiatives to preserve such principles, and the Special Committee would have an important role to play in that process.

Venezuela supported the Rio Group in saying that no intergovernmental body had been created to study the legal aspects of the United Nations reform process.  Genuine progress had been made with the establishment of a technical legal entity.  Sanctions should be an option of last resort and lay with the General Assembly as a representative body of the United Nations.  Sanctions were not strategies to settle disputes, or change Governments.  They should be selective and strike a balance between effectiveness and outcomes.  Charter reforms should provide clear regulation for their imposition.  It was also important to assess the humanitarian impacts vis-à-vis third States.

A significant aspect of United Nations reform was the democratization of the Security Council, he continued, saying that the Council should increase its membership and adhere to the principle of equitable geographic representation.  The veto should be eliminated.  A balance was needed among the mandates of various bodies, and the United Nations could not continue to navigate using a road map anchored in 1945.

EL HADJ LAMINE ( Algeria), endorsing Cuba’s statement on behalf of the Non-Aligned Movement, said the Special Committee should pursue its mission of giving the General Assembly its rightful place under the Charter.  On sanctions, he said it was important that they should come into play only when a credible threat to peace had been detected, as means of last resort.  Unilateralism was prejudicial to collective action of the United Nations, and he disapproved of unilateral sanctions conducted outside the Organization.  Sanctions should remain in force only during a specified time to achieve their objectives.  Attention should be paid to the impacts on third States, and he supported the Russian Federation’s document on revised sanctions.

He urged continued consideration of Cuba’s working document.  The use of armed force without Security Council approval was a sensitive issue which deserved States’ attention.  He reiterated support for advisory opinion from the International Court of Justice, saying also that Algeria would adopt the Rio Group’s document on legal matters.

CHEN PEIJIE ( China), on sanctions, said her country favoured giving priority to the issue of assistance to third States.  The Security Council had been working hard to improve working methods; however, the adverse impacts of sanctions on third States remained a pressing issue.  Thus, measures were needed to assess such impacts, and she looked forward to more proposals -– and substantive progress -- in the Special Committee.  Sanctions must be carried out using strict criteria.  Implementation should be conducted in line with the Charter, and only after all means for peaceful settlement had been exhausted.  Sanctions must be carried out under a specified time frame, and their results analysed.  In that regard, the Russian Federation proposal was “rather mature”.

China was ready to support the Committee’s study of new agenda items, she said, reiterating that, prior to a clear mandate from the General Assembly, no new item should involve revision to the Charter.  Revision must be addressed within the framework of overall United Nations reform.  The Special Committee had contributed to strengthening the United Nations role in promoting peaceful dispute settlement and, with political will, the Committee could effectively undertake its duties in revitalizing the Organization.

ELIZABETH WILCOX ( United States) said the Committee’s efficiency was crucial, and she urged members to remain focused on ways to improve productivity.  Her delegation was cautious about adding new items to the agenda.  Regarding sanctions, she noted “positive developments” in the United Nations to ensure that targeted sanctions remained a robust tool for combating threats to international peace and security.  While Article 50 provided a right to consult the Council on the effects of sanctions, it did not require the Council to take any specific action.

In that regard, she welcomed the Secretary-General’s report noting that none of the sanctions committees had been approached by Member States to express concerns at special economic problems resulting from sanctions.  That was the result of the Council’s efforts to impose targeted measures.  As such, there was no reason to consider establishing a fund to address an abstract concern.  In cases where the Council had decided that States should freeze assets, it had also adopted exceptions by which States could signal their intention to authorize access to frozen funds for expenses such as legal services.  On de-listing, she welcomed the establishment of a focal point to receive de-listing requests.  The Charter Committee should not aim to devise norms concerning the design and implementation of sanctions.  She did not support the proposal that the General Assembly request an advisory opinion on the use of force from the International Court of Justice.

ÇAĞLA TANSU-SEÇKIN (Turkey), aligning herself with the European Union, said implementation of the United Nations Charter provisions related to assisting third States affected by the application of sanctions was of significant importance for Turkey, since, as a third State, the country had suffered considerably from sanctions.  She regretted that the report of the Informal Working Group on General Issues of Sanctions did not contain recommendations for assisting untargeted States affected by the unintended impact of sanctions.  She supported the idea of establishing a working group to study such matters, and hoped to make progress in considering the Russian Federation’s revised working paper.

She reiterated the importance of the principle of free choice of means in dispute settlement, and, on the Repertory of Practice of the United Nations Organs and Repertoire of the Practice of the Security Council, supported all efforts for their continued publication.  The “real yardstick” of the Committee’s work would be in the content of the documents produced.

GENNADY V. KUZMIN ( Russian Federation) said the Committee gave States a broad opportunity to exchange views on increasing the effectiveness of the United Nations.  On sanctions, he said there had been increased interest on the topic in the United Nations and regional organizations.  New mechanisms were being proposed for “intelligent”, targeted sanctions, which addressed those who were to blame for threatening peace and security.  The General Assembly could develop practical recommendations on increasing their effectiveness.  Indeed, sanctions were a strong tool in maintaining peace and security, and, as such, must be used on a firm legal foundation.  They were a last resort after exhausting all peaceful means for dispute settlement.  They must contain a clear purpose and time limits, be subject to regular review, and contain clear conditions for their termination.

Further, humanitarian limits must be set, and the implications for third countries assessed, he said, adding that such limits must be commensurate with the threat to international security.  Noting the link between sanctions, human rights and humanitarian needs of targeted States, he said his country had experience in addressing those issues in the Council and was interested in achieving tangible results.  The General Assembly’s revised document on sanctions included best practices in collective enforcement measures, and kept in mind the broad support discussed in the Sixth Committee (Legal).  Given that, there were no objective reasons that would hinder its adoption.  The Special Committee could recommend to the Sixth Committee to adopt that document as an annex to the resolution.  He supported the Rio Group’s proposal.

PARK HEE-KWON ( Republic of Korea) said the Special Committee served as the mechanism to strengthen the role of the Organization in the area of peace and security.  He said States should participate constructively in discussions, and, in that context, welcomed the adoption of a working paper based on Japan’s proposal.  He believed that, on the basis of the adopted working methods, the Special Committee could consider any proposal aimed at improving the effectiveness of the Organization.

Sanctions applied in line with the Charter were a crucial tool in maintaining peace and security, he continued.  To improve their credibility, they should be designed in a way that minimized the adverse impacts on the country in question and on third States.  He appreciated the various proposals on those topics and was ready to contribute to their deliberations.  However, Members should avoid duplication of work.  Commending the Rio Group for its working paper, he expressed the Republic of Korea’s firm commitment to the Special Committee’s work.

Mr. SAKALOVSKI ( Belarus), noting the importance of discussing all documents related to peace and security, said the Committee was a vital forum for considering legal issues.  He supported the proposals made on behalf of the Rio Group and attached great importance to enhancing the role of the United Nations.  Reform must be carried out by broadening the membership of the Security Council, enhancing the work of the General Assembly and increasing the status of the Economic and Social Council.

He called for promptly finding a consensus on the draft documents, conditions and criteria for implementing sanctions, and he supported the Russian Federation’s revised document.  Sanctions must be considered as an emergency resort to address threats to international peace and security.  He urged agreement on a definition of sanctions mechanisms.  He noted that Belarus had tabled a document asking for an advisory opinion from the International Court of Justice, saying that the legal limit of a State’s right to use armed force was a key question in international relations.

IFEYINWA ANGELA NWORGU ( Nigeria), aligning herself with Cuba on behalf of the Non-Aligned Movement, said the Security Council had taken steps to improve its working methods, including by making sanctions targeted.  Despite those efforts, there had been instances when its legality had been challenged over the perception of a lack of a checks and review system.  Sanctions remained an important tool for maintaining peace and security, and their use should be clearly defined, reviewed periodically and imposed only in accordance with the Charter and international law as a measure of last resort.

Further, a timely mechanism should be put in place to help third States impacted by sanctions.  For that reason, Nigeria favoured the Russian Federation’s working paper, which the Sixth Committee had considered in informal consultations.  The papers submitted by Cuba and Libya also deserved consideration.

ESMAEIL BAGHAEI HAMANEH ( Iran), aligning himself with Cuba’s statement on behalf of the Non-Aligned Movement, reiterated his country’s support for the Committee’s work.  Maintaining peace and security was highly dependent on States’ resolve to honour their obligations to refrain from the use of force, and be committed to peaceful dispute settlement.  It was alarming that some had jeopardized the purpose of the Charter.

On sanctions, he said the Security Council had primary -– not exclusive -– responsibility for maintaining peace and security, and should act in line with the Charter.  It did not have unlimited discretionary power to implement sanctions on an arbitrary basis, as it was bound by law and should act within its mandate.  Further, the Council should be accountable for imposing sanctions under political pressure from certain permanent members.  He supported the revised working paper submitted by Libya, and reiterated a request to the International Law Commission to consider the legal consequences of unlawful sanctions.

The Security Council should fully observe the Charter’s provisions, he continued, and the General Assembly should play its key role in addressing issues related to international peace and security.  For its part, the Special Committee should address the Council’s encroachment on the powers and mandate of the Assembly.  On the proposal to seek an advisory opinion from the International Court of Justice, he said such an opinion could contribute to the principle of the non-use of force in international relations.

NAMIRA NABIL NEGM ( Egypt), associating herself with Cuba’s statement on behalf of the Non-Aligned Movement, said political will was essential for achieving peace and security.  She stressed the need to respect all mandates of the Organization, as stated in the Charter, especially for the Security Council, which should not infringe on the roles of either the Economic and Social Council or the General Assembly.  On sanctions, she said Security Council decisions must represent the entire membership of the United Nations, not just the Council’s 15 members.  It should not impose sanctions until all peaceful means had been exhausted, and any attempts at changing regimes must be rejected.  Further, sanctions must be imposed within a specific time frame, after which they must be lifted automatically, and humanitarian aspects must be considered.

She said the Council also should have a clear definition of what constituted a threat to international peace and security.  She welcomed discussion on the paper submitted by the Russian Federation, and stressed the need to continue consideration of the proposal to seek an advisory opinion from the International Court of Justice.  On amending the Charter, she encouraged a focus on the Security Council to include other States.  The Committee should continue to improve its working methods.

Mr. LIMON ( Israel) noted that the Special Committee was entrusted with examining proposals concerning the Charter, and had negotiated various texts since its establishment.  This year, proposals were on the agenda, many of them having lingered for several years.  It was essential to re-examine the issues on the agenda and focus on those that could be achieved.  Members should not hesitate to discontinue work on items that would not contribute to future work.

NEERU CHADHA (India), aligning herself with Cuba’s statement on behalf of the Non-Aligned Movement, was pleased at the Security Council’s efforts in the area of sanctions, including on de-listing procedures and establishing a focal point.  De-freezing of funds was a step in the right direction.  In that context, she said the Russian Federation’s proposal remained relevant.  She supported other pending proposals, and updating the repertoire of the Security Council and the repertoire of other organs.

Regarding the Organization’s role, she said the advancement of the rule of law remained most critical, drawing attention also to revitalizing the General Assembly and democratizing the Security Council.   India supported the Rio Group’s proposal to examine the legal aspects of United Nations reform, and looked forward to more details on that proposal.

ADAM MULAWARMAN TUGIO (Indonesia), aligning himself with Cuba’s statement on behalf of the Non-Aligned Movement, reiterated his country’s belief in United Nations reform to achieve balance among its organs, and looked forward to progress on those issues.  On sanctions, he said they must be used only as an instrument of last resort after all other means had been exhausted.  He recalled the important role of the International Court of Justice, notably vis-à-vis differences that existed among mandates.  Sanctions should not be put into play unless they were balanced and targeted.  Once put into effect, they must be subject to periodic review and time limitations.  It was “morally reprehensible” that unintended populations were bearing the negative impacts of sanctions.

Ms. NÚÑEZ MORDOCHE ( Cuba), aligning herself with the Non-Aligned Movement, said the Security Council should adhere to its functions, working in line with the United Nations Charter.  It was important to analyse proposals submitted in earlier sessions.  She considered a proposal submitted at an earlier session by Cuba to be current and appropriate.  An analysis of all proposals -– both new and past -- called for political determination, with a view to enhancing the effectiveness of the Organization.

EDEN CHARLES (Trinidad and Tobago), aligning himself with Cuba’s remarks on behalf of the Non-Aligned Movement, said the Rio Group’s proposal on the legal aspects of the United Nations reform process should prove to be viable.  Indeed, without consideration of such legal aspects, the Committee would be devaluing the importance of the rule of law.  He believed the United Nations must continue to provide leadership in that area.  On sanctions, he said the Charter was clear on that issue, and he affirmed adherence to Chapter 6 of the Charter.  He urged States and others to help reduce the backlog of publications, and stressed compromise among delegations to enhance the work of the Committee.

SABELO SIVUYILE MAQUNGO (South Africa), aligning himself with Cuba’s statement on behalf of the Non-Aligned Movement, said sanctions should be imposed in accordance with the rule of law and the United Nations Charter, used only when all other measures had been exhausted.  Care should be taken that they be proportionate in their scope, and lifted once their objectives had been achieved.  They should not cripple the economy and infrastructure of the country involved.  Unilateral sanctions against developing countries translated to great losses and imposing them not only lacked legitimacy, but violated the Charter.  He called for implementing all General Assembly resolutions addressing third States, and favoured the proposal tabled by the Rio Group.

SCOTT SHEERAN ( New Zealand) said his Government had grappled with the issue of how to give full and timely effect to sanctions, in line with the United Nations Charter.  His delegation was committed to fully and effectively implementing its Charter obligations, and was open to engaging in discussion on the Russian Federation’s proposal.   New Zealand was also considering the Rio Group’s proposal, he said, adding that the Committee should focus on the legal aspects of reform only at the request of the General Assembly.

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