Speakers Debate Role, Agenda of Special Charter Committee, as Sixth Committee Considers Report
Divergent views on the nature of its role and agenda emerged today, as the Sixth Committee (Legal) took up the work of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization.
Introducing its report, Marcel Van Den Bogaard, Chair of the Special Committee, gave an overview of that body’s tasks, as mandated to it by the General Assembly. Member States’ proposals and discussions touched on topics such as strengthening the role of the United Nations in the maintenance of international peace and security, and requesting an advisory opinion of the International Court of Justice on the legal consequences of using force by States without prior authorization by the Security Council, as well as the issue of assistance to third States affected by sanctions.
While sanctions remained an important instrument for the maintenance of peace and security, a representative of the European Union Delegation noted that neither the General Assembly nor the Security Council had found it necessary to take any action to assist third States affected by sanctions. Furthermore, no State had appealed for relief. The topic should be removed from the Special Committee’s agenda.
However, Algeria’s representative said the Special Committee should continue its consideration of the matter, a view echoed by other delegations. Costa Rica’s representative, speaking for the Community of Latin American and Caribbean States, stressed that just because no State had yet requested that kind of assistance, that did not justify removing the issue from the Special Committee’s agenda.
Several delegations said there were certain proposals that would not add value to the Special Committee’s work or to the United Nations. As well, there was a need to prioritize issues so as to avoid duplication of work being done in other bodies. Some representatives also suggested examining the duration and frequency of the Committee’s meetings, with the United States’ delegate adding that stagnant items on the agenda should be scrutinized in order to keep the Special Committee relevant and potentially useful.
On the contrary, various speakers highlighted the critical role of the Committee, with Cuba’s representative pointing out that approval of worthwhile documents, which would have strengthened the Organization’s work, had not been possible due to developed States constantly impeding such efforts.
Likewise, El Salvador’s representative pointed out that as the Charter was the founding and guiding document of the Organization, it was important to support the work of the Special Committee.
George Korontzis, Director of the Codification Division, also gave an overview of the status of the Repertory of Practice of United Nations Organs, stating that from among the 50 volumes of which the publication as a whole should consist, 42 volumes had been completed.
Gregor Boventor, Chief of the Security Council Practices and Charter Research Branch of the Department of Political Affairs, in his briefing to the Committee, said that due to efficiency-enhancing initiatives undertaken, the Branch continued to make good progress in updating the Repertoire of the Practice of the Security Council and in preparing and completing several supplements to it.
The Committee today also heard four requests for observer status in the General Assembly, to which it would revert at a later date.
Also speaking on the Special Committee were representatives of Iran (speaking also for the Non-Aligned Movement), South Africa (speaking for the African Group), Sudan, Nicaragua, Russian Federation, Malaysia, Ghana, Libya, Democratic People’s Republic of Korea, India, Syrian Arab Republic, Morocco, China, Nigeria, and Tunisia.
Speaking in exercise of the right of reply were delegates from the Republic of Korea and Democratic People’s Republic of Korea.
Speaking on requests for observer status in the General Assembly were representatives of Turkey, Cyprus, Armenia, Azerbaijan, Kyrgyzstan, Russian Federation, France, Argentina, Cuba, Pakistan, Malaysia, Nigeria, Fiji and United States.
Speaking in exercise of the right of reply on granting observer status in the General Assembly were representatives of Armenia and Cyprus.
The Committee will meet at 10:00 a.m. on Wednesday, 15 October to consider universal jurisdiction.
Background
The Sixth Committee met today to take up consideration of the Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (document A/69/33).
Further to that, it also had before it the report of the Secretary-General on the Repertory of Practice of United Nations Organs and Repertoire of the Practice of the Security Council (document A/69/159) and the report of the Secretary-General on the Implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions (document A/69/119).
It would also consider four requests for observer status in the work of the General Assembly, which include Observer status for the Cooperation Council of Turkic-speaking States in the General Assembly (documents A/66/141 and A/C.6/69/L.4); Observer status for the International Chamber of Commerce in the General Assembly (documents A/67/191); Observer Status for the Developing Eight Countries Organization for Economic Cooperation in the General Assembly (documents A/69/142 and A/C.6/69/L.2); and Observer status for the Pacific Community in the General Assembly (documents A/69/143 and A/C.6/69/L.3).
Introduction of Reports
MARCEL VAN DEN BOGAARD (Netherlands), Chairman of the Special Committee on the Charter of the United Nations and on Strengthening the Role of the Organization, introduced the Special Committee’s report. In February of this year, it had met to continue its deliberations on the questions assigned to it by the General Assembly. In particular, it focused on all proposals concerning the maintenance of international peace and security, the implementation of assistance to third States affected by sanctions, the peaceful settlement of disputes among States and, among others, ways in which working methods could be improved to enhance efficiency and utilization of resources.
He then noted the topic of each chapter of the Report, pointing out that the first was entirely procedural. Chapter II included the Commission’s work related to several States’ contributions, including the revised proposal by Libya regarding strengthening the role of the United Nations in the maintenance of international peace and security; Venezuela’s further revised working paper on the proper implementation of the Charter; Belarus and the Russian Federation’s working paper requesting an advisory opinion of the International Court of Justice on the legal consequences of the resort to the use of force by States without prior authorization by the Security Council; and Cuba’s working paper on the strengthening the role of the Organization and enhancing its effectiveness.
On the peaceful settlement of disputes, he said, Chapter III included a summary of discussions on the Russian Federation’s proposals to establish a website dedicated to the topic and update the 1992 Handbook on the Peaceful Settlement of Disputes between States. Chapter IV included discussions on the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council. The Special Committee had been briefed by the Secretariat on the status of the same, and recommendations agreed upon were included therein. Chapter V focused on the consideration of the other items on the agenda and the identification of new subjects, including Ghana’s proposal to include an item regarding principles and practical measures for strengthening cooperation between the United Nations and regional organizations in the maintenance of peace and security.
GEORGE KORONTZIS, Director, Codification Division, giving an overview of the status of the Repertory of Practice of United Nations Organs, said that from among the 50 volumes of which the publication as a whole should consist, 42 volumes had been completed. Twenty-eight of them were published and 14 finalized and submitted for translation and publication. Further, studies from 42 complete volumes, including the 14 volumes being processed for publication, were available on the United Nations website for the Repertory.
As well, he continued, advance versions of several studies on individual articles for volume III of supplements 7, 8 and 9, and a number of studies for supplement 10, which had been finalized, were also on the website. The electronic version of the Repertory included a full-text search feature, which provided users the opportunity to search all studies simultaneously for any word or word combination in the three languages of publication, English, French and Spanish.
Collaboration with Columbia University Law School, now in its eleventh year, was continuing, as well as with the University of Ottawa, Faculty of Law, now in its fourth, he said. Regarding funding, a note verbale had been sent to all permanent missions reminding them of the possibility of making voluntary contributions to the trust fund, and inviting them to raise the question with private institutions and individuals who might wish to assist. Since the last report, having received contributions from Finland and Turkey, the total balance of the Fund was $26,152. He called upon Member States to contribute to the Fund.
GREGOR BOVENTOR, Chief of the Security Council Practices and Charter Research Branch of the Department of Political Affairs, said that due to efficiency-enhancing initiatives it had undertaken, the Branch continued to make good progress in the updating of the Repertoire of the Practice of the Security Council and in preparing and completing several supplements to it. During the past year, it had continued to respond to requests for information from Member States, United Nations staff, students, academic scholars and researchers on questions relating to the Council’s practice. As well, it was continuing to work on improvements to the website’s search function to allow for more intuitive use. It had also continued addressing the backlog in preparation of volume III of the Repertory by submitting all studies on various Charter Articles for 2000 to 2009. He expressed gratitude for China’s and Turkey’s contributions to the trust fund for updating of the Repertoire, and to Switzerland for its sponsorship of an associate expert. Noting the heavy workload and the need to prevent new backlogs, he encouraged all Member States to support the Branch in its endeavours.
Statements on the Special Committee on the Charter
GHOLAMHOSSEIN DEHGHANI (Iran), speaking for the Non-Aligned Movement, said that the Special Committee should play a key role in the reform process of the United Nations, notably the democratization of its principal organs and respect for the General Assembly’s role and authority, including questions related to international peace and security. He expressed concern at the Security Council’s encroachment on the functions and powers of the General Assembly and the Economic and Social Council, underscoring that it was important for the Special Committee to study the legal nature of the implementation of Chapter IV of the Charter, particularly those Articles dealing with the functions and powers of the General Assembly.
On Security-Council imposed sanctions, he said that they should only be imposed where there was a threat to international peace and security, or an act of aggression. Furthermore, their regimes should be clearly defined, based on tenable legal grounds, should have a specified timeframe, and be lifted once the objectives were achieved. In that regard, he expressed the hope that the Council would use the Annex to General Assembly resolution A/64/115 on “Introduction and implementation of sanctions imposed by the United Nations” as a reference guide. He noted with concern the backlog in the preparation of volume III of the Repertory of Practice of United Nations Organs, and called upon the Secretary-General to address the issue as a priority.
KINGSLEY MAMABOLO (South Africa), speaking for the African Group, said that the Special Committee had not lived up to its potential role in the Organization due to the tendency to allow ideological battles prevent performance of its functions, namely legal analysis. Turning to the proposal submitted by Ghana on how to strengthen cooperation between the United Nations and regional organizations, he said that the Special Committee could make a meaningful contribution in that area that would help to overcome those ideological impediments.
“[T]he Organization cannot demand of its Members to adhere to the rule of law while itself makes no attempt to demonstrate or reflect this important principle,” he stated, emphasizing that the Special Committee’s work should be primarily directed at ensuring the Organization lived up to the goals of rule of law and justice. That could protect the Organization from being labelled hypocritical. As the premier organ mandated to ensure peace, security and stability in the world, the Security Council must address the challenges within itself. Maintaining the status quo would only further erode its credibility and legitimacy, and weaken the Organization.
GEORGINA GUILLÉN-GRILLO (Costa Rica), speaking on behalf of the Community of Latin American and Caribbean States (CELAC), reiterated the obligation to peacefully settle disputes, and recalled that the Charter provided the framework for that obligation. Sanctions must be imposed and applied in conformity with the Charter and international law. It was necessary to consider the question of the application of the Charter’s provisions on the assistance to third States affected by the application of sanctions, pointing out that while no State had yet requested that kind of assistance, it did not entail that the issue should be discontinued from the Special Committee’s agenda.
She recognized the Secretariat’s work in updating the Repertory and the Repertoire, the progress made in addressing the backlog of the Repertory, as well as Member States’ contributions to the trust fund. Reaffirming CELAC’s commitment to the Special Committee’s work, she recalled the introduction of a working paper by Venezuela. Noting the modest concrete results produced in the Special Committee’s last sessions, she said better approaches must be adopted to enhance the efficiency of its work. Member States should consider options in that endeavour.
GILLES MARHIC, European Union Delegation, said that sanctions remained an important instrument under the Charter for the maintenance of peace and security. Security Council practice had shown that they could be designed so as to minimize adverse consequences to civilian populations. Noting that neither the General Assembly nor the Security Council had found it necessary to take any action relating to assistance to third States affected by sanctions, nor had any State so affected appealed for relief, the question of assistance to third States affected by sanctions should be removed from the Special Committee’s agenda.
He also said that establishing a website dedicated to the peaceful settlement of disputes and updating the Handbook on the matter of 1992 would not add value, and called for proper prioritization of Secretariat resources so as to avoid duplication of efforts. The 2006 decision on reforming the working methods of the Special Committee should be implemented. Consideration should be given to whether items should remain on the agenda before examining proposals for new items. Another option was to re-examine the duration and frequency of the Committee’s meetings. Calling for continued efforts towards updating the Repertory and the Repertoire and making them available electronically in all language versions, he also encouraged Member States to contribute to the trust fund for the elimination of the backlog.
Mr. ALNOR (Sudan) said the Special Committee had a unique role in the reform of the Organization. The General Assembly and all its subsidiary organs, as the most representative of all United Nations bodies, was most qualified to address the issues on the Organization’s agenda. The Security Council had transgressed on the functions of the Assembly and the Economic and Social Council. Balance must be restored. The Council must be more just, democratic and less politicized. The unilateral imposition of sanctions in pursuit of narrow political goals violated the Charter and had been condemned by most Member States. He urged those countries imposing such sanctions to refrain from doing so, and to use peaceful means to settle conflicts. Noting that the African Union had consistently found African solutions to African problems, he said that the Organization should give greater importance to cooperation with regional organizations. In that context, he urged consideration to Ghana’s proposal on the matter.
JUANA SANDOVAL (Nicaragua), associating herself with the Non-Aligned Movement and CELAC, said that work assigned to the Charter Committee was key to the proper evolution and process of the Organization’s reform. However, it was of concern that the Security Council gave itself power to discuss topics in the purview of the General Assembly, which was mandated to discuss issues as provided by the Charter. She rejected the application of any unilateral measures or sanctions and the selective application of international law, stressing that those practices challenged the principles of the Charter and international law. The peaceful settlement of disputes should remain on the Charter Committee’s agenda, she said, stating her support for the proposal by Belarus and the Russian Federation to request the opinion of the International Court of Justice regarding the use of force by States without proper authorization by the Security Council. She also expressed support for Cuba’s paper on strengthening the role of the Organization and effectiveness, as well as Venezuela’s paper on the study of the proper implementation of the Charter with regard to the functional relationships of its bodies. She joined other delegations in calling for a detailed discussion of various proposals on the Committee agenda, as well as new proposals that would benefit from a broad debate.
MAXIM V. MUSIKHIN (Russian Federation) noted that past proposals had called for the Special Committee’s work schedule to be increased, as well as to make it a dormant body that would only be called upon as needed. However, the Special Committee, which contributed to ensuring the rule of law, should continue working on a standing basis, and its capacity not be weakened. Among the many important items on its agenda was the peaceful resolution of disputes between States, and he proposed republication of the Committee’s publication on the matter, and uploading a website that would present other documents on the matter as well. Expressing appreciation for the Repertory and the Repertoire, he said that regarding the latter, the Secretariat should stick to the clear rules and standards in drafting that Repertoire, contained in the report of the Secretary-General from 18 October 1952.
TANIERIS DIEGUEZ LAO (Cuba), associating herself with the Non-Aligned Movement and CELAC, said that approval of worthwhile documents, which would have strengthened the Organization’s work, had not been possible, as was seen with the Russian Federation’s proposal. The Secretariat could better organize the Special Committee’s work by providing greater space for consideration of proposals, so that there was a clear record of positions undertaken by various Member States. Proposals should be discussed in paragraph basis as done in other spaces. Work of the Special Committee was constantly impeded by developed States who wished to see it abolished, or see its work reduced to a minimum. While they claimed that the Committee did not achieve concrete results, it was they who refused to discuss substantive proposals and allege a simple disagreement without arguing their stance. The Special Committee needed to work, not analyse its work. She expressed support for the Special Committee’s current agenda and thanked several delegations for their contributions through concrete proposals. Recalling her country’s proposal regarding maintaining peace and international security and a new proposal concerning the peaceful settlement of disputes, she invited all interested parties to present their comments.
MOHAMED SLALH EDDINE BELAID (Algeria), associating himself with the Non-Aligned Movement and the African Group, highlighted the important role of the Special Committee in the peaceful settlement of international disputes. He reaffirmed the provisions of the Manila Declaration and considered relevant all proposals and working papers submitted by Venezuela, Belarus, Russia, Cuba, Libya, and Ghana. The Special Committee should also continue considering the question of assistance to third States affected by sanctions, noting further that sanctions should only be applied as a last resort. The timeframe for lifting sanctions and the possibility of including a sunset clause was of “utmost importance”. Emphasizing the need to fully respect the Charter, he stressed the importance of maintaining balance between the General Assembly and the Security Council, and voiced support for an Open-ended working group to study the proper implementation of the Charter, particularly with regard to that relationship.
JOHN ARBOGAST (United States) said that there was much-needed rationalization of the Special Committee’s work. Stagnant items on the agenda should be scrutinized by sponsors and members alike, with a view towards keeping the Charter Committee relevant and potentially useful. The Committee should remain focused on ways to improve its efficiency and productivity, including by considering biennial meetings and/or shortened sessions. Also, it should not pursue activities in the area of international peace and security that would be duplicative or inconsistent with the roles of the United Nations principal organs, such as the consideration of a further revised working paper calling for a working group to study the implementation of the Charter with respect to the functional relationship of its organs. The Special Committee should decide that third State-related sanctions no longer issue merited discussion. His delegation did not support the proposal to request the International Court of Justice for an advisory opinion on the use of force, and remained cautious about adding new items to the Committee’s agenda. The proposals concerning updating the 1992 Handbook and establishing a website dedicated to the peaceful settlement of disputes would be labour-intensive exercises that would not add much value given the wealth of already available websites and online tools.
RUBÉN ZAMORA (El Salvador) said that as the Charter was the founding and guiding document of the Organization, it was important to support the work of the Special Committee. Furthermore, the application for assistance by third parties affected by sanctions should remain on the agenda. Regarding the Special Committee’s working methods, he said substantive changes were needed. He also expressed particular interest in determining new topics for the Committee, as long as they were in keeping with the Sixth Committee’s mandate, so as to avoid duplication of efforts with other bodies.
HUSSEIN HANIFF (Malaysia), associating himself with the Non-Aligned Movement, expressed concern about the impact of the application of sanctions, noting that they were an ineffective way to punish intended targets, and often brought collateral damage towards innocent people of a State. Further, sanctions should be used only as a last resort and not considered for preventive measures. In that regard, he noted the Security Council’s improvements in shifting from comprehensive economic sanctions to targeted sanctions. He voiced support for the proposal to have the Special Committee study the proper implementation of the Charter with respect to the functional relationship of its organs, in order to retain the Assembly’s role as the Organization’s main policy-making and representative organ. Noting the continuing trend of encroachment of the Security Council into functions and powers that fell within the competence of other United Nations organs, he asked that principal organs of the United Nations faithfully respect each other’s mandate in accordance with the Charter.
AUDREY NAANA ABAYENA (Ghana), associating herself with the African Group and the Non-Aligned Movement, welcomed interest in her country’s proposal on strengthening the relationship between the Organization and sub-regional and regional groups. Although Chapter VIII of the Charter explicitly prescribed a role for regional organizations, the guidelines and practices underpinning that partnership were not always consistent with the Charter. Her country’s proposal aimed to arrive at clearer principles and practical measures that would promote better coordination and cooperation in such areas as regional security, preventive diplomacy, early warning systems, peacekeeping and post-conflict peace-building. Noting that her country had prepared a working paper on the matter, she welcomed input from other delegations.
ESSA A. E. ESSA (Libya), associating himself with the African Group and the Non-Aligned Movement, said his country had submitted a revised paper on some principles concerning sanctions that had contributed to General Assembly resolution 64/115. On the Repertoire and the Repertory, he welcomed progress in decreasing the backlog, and emphasized the importance in publishing those in other languages, including Arabic, so that concerned people could benefit from them. Noting the Special Committee’s important role in the reorganization and reform of the Organization, he encouraged Member States to take measures to reinvigorate the United Nations’ main organs, especially towards strengthening the General Assembly’s role as the main policy-making organ for the maintenance of international peace and security, and the peaceful settlement of disputes.
HOSSEIN GHARIBI (Iran), associating himself with the Non-Aligned Movement, expressed support for the proposal of Belarus and the Russian Federation. Further, he pointed out that sanctions could only be introduced as a last resort, when the Security Council had determined an actual threat to or breach of peace or act of aggression. The International Court of Justice had made clear that no organ could be released from the treaty provisions of the Charter concerning limitations on its powers. In that light, certain politically motivated determinations of such threats entailing political manipulation of the Council rendered that body accountable for the consequences of those sanctions, and States who had imposed such sanctions would bear the responsibility for the Organization’s internationally wrongful act. Targeted States should be entitled to damages.
KIM YONG SONG (Democratic People’s Republic of Korea) said acts contradicting the Charter still existed within activities of the United Nations. Certain Member States continued to deal with important issues with political objectives and interests, particularly in the Security Council. That was evident in the critical and dangerous situation on the Korean peninsula, created by the Security Council’s misconduct, where the vicious cycle of aggravating tension continued, and the danger of breaking peace was high. The root cause of that situation rested with the United States’ hostile policy towards his country and “the US-south Korea joint military exercises”. However, the Security Council had turned its back to his country’s repeated demands to address the issue of suspending such exercises, and instead had questioned the Democratic People’s Republic of Korea’s inevitable and defensive response. Noting the unfairness and double standards of the Council, he called for its necessary reform. The Special Committee should review whether the Council lived up to the Charter, and take appropriate measures. Recalling that the United States illegally formed the “United Nations Command” in 1950 to evade its responsibility of provoking the Korean War and justifying its military intervention, he called on the United States to immediately dismantle the United Nations Command in accordance with the United Nations resolution adopted at the Assembly’s thirtieth session.
KOTESWARA RAO (India) said that the Security Council, which mandated all sanctions, bore the responsibility for finding solutions to the problems of third States affected by their application as indicated in Article 50 of the Charter. When applied in accordance with the Charter, they could serve as an important tool for maintaining peace and security, but should only be used as a last resort. While targeted sanctions had reduced economic problems faced by third States, he said the Special Committee should continue its consideration of the matter to find a definitive solution. He also expressed support for continuing the topic “Peaceful Settlement of Disputes between States” on its agenda, and commended the Secretary-General’s efforts towards the continued publication of the Repertory and the Repertoire.
KOUSSAY ABDULJABBAR ALDAHHAK (Syrian Arab Republic), associating himself with the Non-Aligned Movement, said that the painful situation of some Arab countries, including his, was a direct result of the lack of commitment by some influential countries to the Charter and international law. The Israeli occupation of Arab territories showed the international community’s impotence, which rendered it unable to resolve the issue, in the face of the influential countries supporting Israel. Those countries saw terrorism as a proper tool in achieving their interests, and had sent thousands of foreign terrorist fighters to threaten the Syrian State and inflict damage and evil upon the Syrian people. Some Members imposed their national laws extraterritorially, using coercive measures on other countries, including the Syrian Arab Republic, which kept civilians from meeting their basic living needs. There had been calls for such measures to immediately be cancelled, but the countries imposing such measures had turned their back on the United Nations and the Charter. He rejected the hegemonic policy and double standards being conducted by those States, and supported the proposal of the Russian Federation and Belarus for an opinion from the International Court of Justice on the matter.
Mr. LASRI (Morocco), associating himself with the Non-Aligned Movement and the African Group, said sanctions applied by virtue of Chapter VII of the Charter should be imposed as a measure of last resort once all other means of peacefully resolving disputes had been exhausted. As well, sanctions, if applied, should be for a specific and limited length of time, with a view to lifting them once they were no longer needed. To peacefully settle disputes and cope with threats to peace and security, Member States must step up their efforts and develop a common vision in that endeavour. He expressed support for any initiatives aimed at that, noting the Manila Declaration’s importance towards those goals. He welcomed progress achieved with the Repertory and the Repertoire, noting that their publication was a means of preserving institutional memory. They should be disseminated in the United Nations website in all official United Nations languages. There was a need to ensure the management of resources allocated to the Special Committee. An in-depth analysis was needed to make the work of that body more dynamic. Overlap should be avoided on the basis of the General Assembly mandate.
SHANG ZHEN (China), noting the Committee’s continued deliberations on assistance to third States affected by sanctions, said the Security Council should impose sanctions only after all other peaceful means had been exhausted. He expressed the hope that the Council would continue to improve its working methods and reduce the negative impact of sanctions on third States. He further encouraged exploration of new ideas to address improving the working methods and efficiency of the Special Committee, also stating that no new item be considered if it involved amendment to the Charter, unless clearly mandated by the General Assembly. On the Repertory and Repertoire, he expressed the hope that the Secretariat would continue to push for their simultaneous publication in all the Organization’s official languages.
Ms. NWORGU (Nigeria), associating herself with the African Group, said States had an obligation to ensure that relations between them deemphasized might over right. The application and use of sanctions must be done in accordance with the Charter and international law principles. She called on the International Law Commission to give due consideration to the legal consequences of sanctions affecting third States. Sanctions should be used only after all peaceful means had been exhausted, she stressed, noting that procedures prescribing such measures were equally important. Nigeria remained committed to respecting the rule of law through its relations with other States and close collaboration with the United Nations, and she voiced support for the work of the Special Committee, as well as the retention of the agenda item.
NOUR ZARROUK BOUMIZA (Tunisia), associating herself with the African Group and the Non-Aligned Movement, said that reform of the United Nations was no longer an option. First and foremost was reform of the Security Council. The General Assembly also should respond more quickly to issues affecting peace and security. In addition, sanctions regimes should take into account are their undesirable consequences, particularly for third party States affected. Deliberations on the matter were far from exhausted. A number of proposals under consideration by the Special Committee had reached maturation and should be ready for finalization. She supported the registration of new current topics on the agenda.
Right of Reply
A representative of the Republic of Korea, in exercise of the right of reply, expressed regret at the biased comments made by the representative of the Democratic People’s Republic of Korea, noting that it was not the appropriate forum to discuss the status of the United Nations Command, which had been established by the Organization.
A representative of the Democratic People’s Republic of Korea, in exercise of the right of reply, pointed out that this was the forum for all issues relating to the Charter, and that the Command had been formed illegally by the United States in abuse of the Charter. He called on all delegates to look at the precarious situation on the Korean peninsula, caused principally by the presence of United States forces and its hostile policy towards his country, whose efforts towards creating a peaceful environment on the Peninsula had not received appropriate response from that country.
Instead, he said, the United States had staged many joint military exercises over 60 years, with the stated purpose of occupying Pyongyang for a regime change. Further the United Nations Command had nothing to do with the Organization. Citing a statement from the Deputy Spokesman of the Secretary-General from June 2013, he quoted, “The United Nations has never had any role in any armed forces in the Korean Peninsula.” Further to that statement, the Organization had never played any role in the Unified Command between 1950 and 1953. South Korea therefore had no right to name it in justifying the Command.
Requests for Observer Status
Introducing the request for Observer status for the Cooperation Council of Turkic-speaking States (documents A/66/141 and A/C.6/69/L.4), a representative of Turkey said the Cooperation Council clearly met the established criteria, and therefore deserved to be granted observer status in the General Assembly. In addition, she shared some of the Council’s activities since the Sixth Committee’s discussion last year.
Delegates of Cyprus and Armenia expressed serious reservations about granting observer status, noting that the Council’s activities did not seem to meet the established criteria. Armenia’s representative added that the declarations adopted annually by the Council and statements made by some of its members on behalf of the organization had contained provisions that contradicted the United Nations Charter. Both delegates encouraged the resolution’s sponsors to consider withdrawing the item from the Committee’s agenda.
Representatives of Azerbaijan and Kyrgyzstan echoed Turkey’s statement, with Kyrgyzstan’s representative noting that the Council’s interaction with other organizations was in the spirit of cooperation. Azerbaijan’s representative also pointed out that Armenia did not comply with the United Nations Charter, and consistently violated principles and norms of international law.
The Russian Federation’s representative said, given that consensus on the matter did not again seem possible, the Committee was faced with a dilemma. There was a need to find an innovative approach that would retain the consensus nature of the work of the Committee.
Turkey’s representative then addressed some comments regarding the limited membership of the Council and the Cyprus issue.
In exercise of the right of reply, Armenia’s representative said that the delegate of Azerbaijan was politicizing discussion of the item, and was trying to side-track it by throwing an avalanche of lies against his country. He asked that delegation to change its behaviour and engage in constructive discussion.
Also in exercise of the right of reply, Cyprus’ delegate, in response to Turkey’s representative, recalled Security Council resolution 1251 (1999) on the situation in Cyprus.
The Chair invited delegations to continue consultations on that item and said the Committee would revert to it at a later stage.
A representative of France, introducing the request for Observer status for the International Chamber of Commerce (document A/67/191), detailed the history of the request since it was first made in 2012. Underscoring that although its membership was nearly universal, and its contributions to international development, peace and security had been recognized by the United Nations, as demonstrated by its observer status in the Economic and Social Council, several delegations had held that it did not meet one of the criteria for observer status in the General Assembly because it was not an inter-governmental organization.
In discussions over the past two years, she said that two approaches had been broached to remedy the situation, the first being a review of the criteria under General Assembly decision 49/426 and the second, a presentation of the International Chamber of Commerce as a hybrid organization — part intergovernmental body and part association. As it had become clear that neither was a satisfactory solution, and consensus could not be found to support the request at this time, she proposed closing discussion of the item in the Sixth (Legal) Committee, in favour of informal discussions, and returning to the Committee “when the time was ripe”.
In discussions following, speakers recognized the merits of the organization and expressed appreciation for the flexibility and creativity shown by the representative of France in her approach to the request. In that context, Argentina’s representative said that the responsibility of the Sixth Committee was not to modify the criteria under the General Assembly decision, but to ensure compliance with those criteria. The representative of the Russian Federation welcomed the proposal of France as a creative way of moving forward.
The Chair then invited delegations to continue consultations on that item, and said the Committee would revert to it at a later stage.
A representative of Pakistan, introducing the request of Observer Status for the Developing Eight Countries Organization for Economic Cooperation in the General Assembly (document A/C.6/69/L.2), stated that the “D-8” was an intergovernmental organization whose members included Bangladesh, Egypt, Indonesia, Iran, Malaysia, Nigeria, Pakistan and Turkey. Its goal was to improve the position of developing countries in the world economy; diversify and create new opportunities in trade relations; enhance participation in decision-making at the international level; and provide a better standard of living to its populations.
Thus, he stressed, the Organization’s activities were in the areas of interest to the General Assembly, and were conducted on principles in keeping with the United Nations. Observer status would help the “D-8” achieve their objectives and further synergies between them and the United Nations. He appealed to Member States to support the request from the participating eight countries.
In the ensuing dialog, members of the “D-8” also called for their request to be supported, with Malaysia’s representative noting that its combined membership had vast development potential with large amounts of land, skilled labour, diversified human capital, rich natural resources and a market of more than 1 billion people. Furthermore, the representative of Nigeria noted that the Organization was truly global, comprised of eight member countries from different regions. Turkey’s representative added that the Organization had concluded international agreements.
The Russian Federation’s representative, for the sake of clarity as to the legal status of the Organization, requested to see its charter. Pakistan’s representative affirmed that that document would be provided.
Concluding discussion of the item, the Chair said that action would be taken on the request at a later date.
A representative of Fiji, introducing document A/C.6/69/L.3 on the granting of Observer status for the Pacific Community in the General Assembly, said that the Pacific Community was an international organization, established by treaty, which fully met the criteria of General Assembly decision 49/426. As a technical body, it provided support in such areas as communications, transport, fisheries, forestry, industry, labour, trade and finance, public works, education, health, and housing, among others.
It also facilitated research in technical, scientific, economic and social fields in the countries and territories within its scope, he said. The Pacific Community was a critical enabling organization in response to the sustainable development goals and the post-2015 agenda. Noting that observer status would help the organization to synchronize its initiatives with those of the United Nations, he called upon the Sixth Committee to support the request, thus bringing true sustainable development to the Pacific community.
All speakers in the dialog that followed expressed support for the resolution, with a representative of the United States noting that observer status would help the Pacific Community to better carry out its objectives and Cuba’s representative noting that, as an organization for scientific research, it would be of assistance to the General Assembly.
The representative of Cuba, in a general comment on the subject of recommending observer status in the General Assembly, said that it was not helpful to the analysis of each request to have them all presented on the same day. She requested that the scheduling of those agenda items be taken into account for future meetings.