GA/L/3145

IMPOSITION OF SANCTIONS SHOULD BE APPROACHED WITH GREAT PRUDENCE, LEGAL COMMITTEE TOLD

Committee Takes up Annual Report of Special Charter Committee

The imposition of sanctions should be approached with great prudence, as their consequences had grave negative effects on the target States and beyond, the Sixth Committee (Legal) was told this morning.

As the Committee began its consideration of the annual report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, the representative of Namibia, who spoke on behalf of the Southern African Development Community, said sanctions ended up punishing helpless civilian populations in the target State or third States, who had no power to induce a change of conduct on the part of the regime or the warlords. Sanctions should not undermine the ability of those States to carry out their humanitarian obligations.

The representative of France, speaking on behalf of the European Union and associated States, said targeted sanctions were likely to reduce the negative effects of sanctions on the population of targeted States and on third States. He stressed the importance of a German initiative to improve the application of weapons embargoes and travel limitations. The results of that initiative, he said, which had begun with an expert meeting in Bonn in November 1999, would be presented at a meeting in Berlin in December and, probably, in New York in February 2001.

China�s speaker said the effect of sanctions on third States was a matter of great importance to developing countries. The just demand of those third States should be fully understood, he said, calling for a fund and other mechanisms to help.

The representative of the Russian Federation stressed that sanctions should not result in the destabilization of the economic situation in the target country or third States. An elaboration of additional recommendations on the principles of implementation sanctions would help the Security Council. The Sixth Committee should set up a working group to pursue a method for assessing the damage of sanctions on third States.

The Special Committee�s annual report includes a recommendation to the General Assembly concerning a methodology for assessing the consequences incurred

Sixth Committee - 1a - Press Release GA/L/3145 5th Meeting (AM) 11 October 2000

by third States as a result of sanctions, and to explore innovative and practical measures of international assistance that could be provided to the affected States. Also included is an overview of the Committee�s deliberations on the various proposals before it on such issues as sanctions, peacekeeping, dispute settlement, the use of force by States, the Trusteeship Council and its own working methods.

The Charter Committee, which was established in 1974 to examine in detail proposals regarding the Charter, the strengthening of the role of the United Nations in maintaining peace and security, cooperation among nations and promotion of the rule of international law in relations between States, was asked by the Assembly last year to give priority to an examination of the question of assistance to third States affected by Security Council sanctions, as well as to a review of its own working methods.

As to its working methods, many speakers stressed the link between reorganization within the Charter Committee and credible results. The representative of Guatemala said the Charter Committee should not interpret the Assembly�s directive that topics continue to be considered to mean that the Assembly intended to deprive countries of their right to withdraw proposals or profoundly revise them. The Charter Committee continued to pursue proposals for which there would be no future without an effort to create the indispensable consensus necessary for their adoption by the Assembly.

Also speaking during the debate today were the representatives of the Democratic People�s Republic of Korea, Costa Rica, Hungary and Egypt.

The Chairman of the Special Charter Committee, Saeid Mirzaee-Yengejeh (Iran), introduced the report.

The Committee will meet again tomorrow, 12 October, at 10 a.m. to hear other speakers on the report.

Sixth Committee - 3 - Press Release GA/L/3145 5th Meeting (AM) 11 October 2000

Committee Work Programme

The Sixth Committee (Legal) met this morning to begin its consideration of the annual report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (document A/55/33).

The report includes a recommendation to the General Assembly on sanctions as well as an overview of the Committee�s deliberations on the various proposals before it on such issues as sanctions, peacekeeping, dispute settlement, the use of force by States, the Trusteeship Council and its own working methods.

The Committee recommends that the Assembly continue to consider the results of the ad hoc expert group meeting convened to develop a methodology for assessing the consequences incurred by third States as a result of sanctions, and to explore innovative and practical measures of international assistance that could be provided to the affected States, taking into account the relevant debate in the Committee at its 2000 session. The Committee also encouraged the Secretary- General to present -- in due time for consideration by the Sixth Committee -- his views on the main findings of the group�s report on the implementation of the provisions of the Charter relating to assistance to third States affected by the application of sanctions.

The Charter Committee, which was established in 1974 to examine in detail proposals regarding the Charter, the strengthening of the role of the United Nations in maintaining peace and security, cooperation among nations and promotion of the rule of international law in relations between States, was asked by the Assembly last year to give priority to an examination of the question of assistance to third States affected by Security Council sanctions, as well as to a review of its own working methods.

During the discussion on sanctions, the report states, delegations stressed that the topic should remain a priority item on the Committee�s agenda. Some delegations expressed their support for targeted sanctions -- financial ones, in particular. Others pointed out that practical and timely assistance to third States affected by sanctions would promote an effective and comprehensive approach to sanctions. The view was expressed that a permanent mechanism should be established that would automatically address the issue of assistance to third States. Some delegations suggested that the Committee should consider the Secretary-General�s views on the political, financial and administrative feasibility of the suggestions.

The report states that, in the consideration of the revised working paper submitted by the Russian Federation, �Basic conditions and standard criteria for the introduction of sanctions and other coercive measures and their implementation�, the view was expressed that the Committee should consider establishing a mechanism to study the potential impact of sanctions prior to their implementation, with a view to obtaining the desired objectives faster and minimizing any negative humanitarian effects. The Russian Federation�s working paper was described by some delegations as a useful basis for further consideration of the question of sanctions.

However, several delegations reiterated their previous reservations, and said they would participate in the discussion on the understanding that it was preliminary in nature and that silence should not be construed as agreement. It was not clear, they added, that the Special Committee was the appropriate forum for considering the issue. Doubts were also expressed about the propriety of the General Assembly instructing the Security Council on how it should implement its sanctions regimes.

The Committee�s consideration of another working paper submitted by the Russian Federation on �Fundamentals of the legal basis for United Nations peacekeeping operations in the context of Chapter VI of the Charter of the United Nations�, centred around the suggestion that a working group, consisting of experts from the Special Committee on the Charter and from the Special Committee on Peacekeeping Operations, be established for the further complex consideration of the principles and criteria for the work of peacekeeping missions.

In a follow-up to that discussion on the possibility of establishing a joint working group, the Secretariat reported that it would find no precedent for any joint session of the Committee or joint working group. It was also pointed out that, in the absence of any provisions in the Rules of Procedure of the General Assembly for establishing a joint working group, there was no precedent for the procedure to be followed in that regard. The paper includes a statement from the sponsoring delegation, the Russian Federation, thanking the Secretariat for the information and recalling that there were, indeed, precedents. The example was given of a joint group of the Third and Sixth Committees on drafting the convention on the non-applicability of the statute of limitations regarding war crimes and crimes against peace.

During a discussion on the working papers submitted by Cuba on �Strengthening of the role of the Organization and enhancing its effectiveness", Cuba acknowledged that some aspects of the reforms contained in its proposals on the working methods of the Security Council had been overtaken by the negotiations carried out in the Open-ended Working Group on the Question of Equitable Representation on and Increase in the Membership of the Security Council, and that some had been incorporated into the Council�s practice. Nevertheless, Cuba felt there were other elements that still merited consideration. Cuba expressed the hope that priority would be given to consideration of the need to identify ways and means of ensuring that the General Assembly could periodically assess -- in practical ways -- the work of the Council, including the work of the permanent members, beyond the consideration of its annual report to the Assembly. Priority should also be given to reflecting on the need for a debate on the balance between the functions of the principal organs of the United Nations.

Some delegations expressed support for the proposal to consider the recent change in the delicate balance between the functions of the General Assembly and the Security Council, to the detriment of the Assembly. Some felt that the dynamic negotiating process in the aforementioned Open-ended Working Group was addressing the points raised by Cuba, and that the Working Group was the appropriate forum for such discussions. It was also noted that there might be a barrier to having the General Assembly assess the Security Council.

On the revised proposal presented by Libya, on strengthening the role of the United Nations in the maintenance of international peace and security, Libya expressed the hope that the Committee could begin its consideration in due course.

As the Committee examined the working paper submitted by the Russian Federation and Belarus, recommending that an advisory opinion be requested from the International Court of Justice as to the legal consequences of the resort to the use of force by States -- either without the prior authorization of the Security Council or outside the context of self-defence -- the Russian Federation said it was important to ensure that the system of international security established by the United Nations became a reliable impediment to armed conflict. It was recommended that the Committee continue to consider the topic at its 2001 session, taking into account the outcome of the Millennium Assembly, with a view to developing recommendations on the proposal to be submitted to the General Assembly at its fifty-sixth session in 2001.

A revised proposal submitted jointly by Sierra Leone and the United Kingdom, on the �establishment of a dispute prevention and early settlement service� received general support, according to the report. The proposal would have the General Assembly encourage States parties to any dispute to endeavour to settle it as early as possible, and urge those parties to make the most effective use of existing procedures and methods for dispute settlement. The proposal also included provisions whereby the Assembly would encourage States to nominate suitably qualified persons who were willing to provide fact-finding services, and to nominate others for inclusion in a list of conciliators and arbitrators provided for under certain treaties. A working group of the Committee conducted a paragraph-by-paragraph discussion of the proposal.

The future of the Trusteeship Council was discussed, with some expressing support for its abolition while others noted with interest the Secretary-General�s proposal to reconstitute the Council as a guardian of the common heritage of mankind. However, it was pointed out that any change in the mandate of the Council required a revision to the Charter, and should be dealt with in the context of reform of the Organization. A third view held that the status quo should be maintained since the Trusteeship Council�s historic mission had not yet been fulfilled. Yet another view was expressed to the effect that, although the Council�s mandate had, indeed, been fulfilled, it should not be abolished. Malta, the delegation sponsoring the proposal that the revised Council act in trust to safeguard the environment, protect the global commons and monitor the governance of the oceans, said the proposal merited in-depth consideration. A suggestion was made, which was supported by Malta, among others, that the proposal be considered on a biennial basis.

Concerning the publications of the Repertory of the Practice of United Nations Organs and Repertoire of the Practice of the Security Council, the Secretary-General was commended for his ongoing efforts to reduce the backlog. The Committee noted that, following a contribution from the United Kingdom, a trust fund was being established for the updating of the Repertoire. All Member States would be invited to contribute to it. Support was also expressed for the establishment of a trust fund based on voluntary contributions, for the organization of a special programme of training of young experts willing to acquire an in-depth knowledge of the Charter and the practice of the Security Council.

The chapter dealing with the Committee�s discussion of its own working methods notes that, during the general debate, delegations underscored the importance they attached to the Committee�s efforts to improve its working methods, and suggested ways to make the Committee a more effective and results- oriented body. Particular importance was attached by some to the need to avoid duplication of the work of other United Nations organs and to have a cut-off mechanism to prevent protracted discussions of topics without results.

Others, however, who also agreed that improvements should be considered, felt that the format of the Committee�s procedures should remain unchanged. The view was expressed that besides perfecting the working methods, it was necessary to count on the political will of Members to debate constructively the proposals submitted to the Committee.

The Committee�s later working group discussions focused on a working paper submitted by Japan which articulated specific measures that could be approved by the Committee, covering such issues as use of conference services, conditions for submission and consideration of proposals, and review of the duration of sessions as well as of working methods.

One delegation suggested several new subjects for inclusion in the programme of the future work of the Committee. However, an opposing view was expressed that, since the item of identification of new subjects had not been discussed at the current session, it should not be mentioned in the report.

The report also notes the support by some delegations for close contact between the Special Committee and other bodies of the Organization dealing with various practical aspects of the issues before the Committee, including by holding joint meetings and exchanging information.

The Officers of the Special Committee were: Saeid Mirzaee-Yengejeh (Iran), Chairman; Georg Witschel (Germany), Roberto Lavalle-Vald�s (Guatemala) and Juliet Semambo Kalema (Uganda) as Vice-Chairpersons. The Rapporteur was Ioanna Gabriela Stancu (Romania).

In a closing statement, according to the report, Mr. Yengejeh told the Committee, which had finished its work a full day ahead of schedule, that he was impressed by the high quality of the interventions by delegations and by the spirit of cooperation that had prevailed in the Committee.

The Committee�s session was held from 10 to 20 April.

Statements

SAEID MIRZAEE-YENGEJEH (Iran), Special Charter Committee Chairman introducing the report, described the Special Committee�s discussion on sanctions as having been very topical both within and outside the Organization. After highlighting the other chapters in the report, he said that improving the working methods was considered on a priority basis. The Committee had made concerted efforts to achieve optimal utilization of conference resources during its last session and would soon be in a position to take the necessary decisions on the issues raised in the report.

The Special Committee had elaborated a number of important declarations, with an impact on international law and the practice of the United Nations. With that history of achievement, he was confident that with the requisite political will and the willingness of delegations to compromise, the Charter Committee, equipped with the necessary expertise, remained an appropriate forum to further contribute to the strengthening of the Organization. FRANCOIS ALABRUNE (France), speaking on behalf of the European Union, Bulgaria, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Norway, Poland, Romania, Slovakia and Slovenia, said every effort should be made to reduce the negative effects of sanctions on third States. The proposals by the ad hoc expert group provided a useful basis for consideration of how to minimize the consequences of sanctions for vulnerable groups in the State concerned and on the economy of third States.

Without seeking to reduce the Security Council�s rightful margin of assessment, he said it should be acknowledged that targeted sanctions were liable to reduce the negative effects of sanctions on the population of the State concerned and on third States. He underlined the importance of a German initiative concerning the improvement of the embargo on weapons and of travel limitations. The results of that initiative, which had begun with an expert meeting in Bonn in November 1999, would be presented at a meeting in Berlin next December and, probably, in New York in February 2001.

The Union shared the concerns, voiced last year and in previous years by the International Court of Justice, about the need to provide it with all the resources it needed to fulfil its mission effectively. It welcomed this year�s amendments to the proposal concerning the establishment of new dispute prevention and early warning mechanism. The Union welcomed the establishment of a trust fund to update the Repertoire of the Practice of the Security Council to which Germany, Portugal and the United Kingdom had already contributed. It encouraged all Member States to contribute to the fund.

He called for the bold and determined pursuit of proposals to reform the working methods of the Special Committee on the Charter as a matter of priority. Several possibilities must be seriously considered to prevent the Special Committee from turning into a forum whose work was undoubtedly becoming less interesting. The Special Committee should put in place a mechanism for selecting its priorities and seriously envisage the review of certain topics. Also, the duration of the Special Committee sessions could not be dissociated from its capacity to substantially reform its working methods.

MUN JONG CHOL (Democratic People�s Republic of Korea) said that priority should be given to the probable impact of sanctions on the sustained development of the targeted country, as well as on the peace and security of the region. Sanctions aimed solely at achieving a political end -- regardless of their adverse impact -- brought about catastrophic consequences, which often diminished the credibility of the Security Council.

While the provision of assistance to third States was important, it was even more important to have an overall assessment of the sanctions already being applied. Sanctions should not be the sole choice or the first action in the resolution of disputes. There should be a legal framework which unequivocally stipulated the time frame, scope and extent of sanctions, as well as their frequent review.

His country believed the United Nations should, in conformity with the positive developments in the Korean peninsula, pay due attention to terminating �the United Nations Command� -- a vestige of the cold war -- and take appropriate action to that effect.

MARTIN ANDJABA (Namibia), speaking on behalf of the Southern African Development Community (SADC), said the imposition of sanctions should be approached with great prudence, as their consequences had grave negative effects on both the target States and beyond, in terms of human suffering. The purpose of sanctions was to modify the behaviour of the target State that was in breach of its obligations under the Charter. They also punished helpless civilian populations in the target State or third States, who had no power to induce a change of conduct on the part of the regime or the warlords.

Before sanctions were imposed, a study of their effects, in terms of humanitarian and economic costs on innocent people and third States should be undertaken. Caution must be taken to ensure that sanctions did not undermine the ability of third States or target States to carry out their humanitarian obligations. While the SADC recognized that some measures had been taken to mitigate the hardship caused by the imposition of sanctions, the economic problems of third States should be borne by the international community on a more equitable basis, and an appropriate mechanism should be established within the United Nations to assist the affected States.

BERND NIEHAUS (Costa Rica) said the progress achieved in the Special Committee, including the critical analysis of its working methods, signalled its rebirth. Sanctions were a legitimate means of collective defence of the international community and were recognized and established in the Charter. Sanctions regimes, though, should be carefully designed to achieve their principal objective, namely modifying the illegal practices of a resistant government. Such was the only valid objective of sanctions. Sanctions should always be temporary and never constitute a form of punishment for the innocent population.

Sanctions should be accompanied by an active and ongoing dialogue by the parties concerned to provide for the sanctioned country�s reintegration into the international community, he said. Sanctions could result in a violation of the fundamental rights of a population, and some sanctions regimes did not meet the minimum requirements of due process. He welcomed the proposal by Sierra Leone and the United Kingdom on peaceful settlement of disputes, saying it could lead to concrete results.

GUAN JIAN (China) said that the proposal submitted by the Russian Federation entitled �Basic conditions and standard criteria for the introduction of sanctions and other coercive measures and their implementation� should serve as a useful basis for further consideration of the issue of sanctions. China endorsed the proposal of the Special Committee on the Charter that the revised Russian paper be discussed paragraph-by-paragraph. It hoped a consensus could be reached on the subject next year.

China also believed that a draft resolution submitted by the Russian Federation and Belarus at a previous section of the Special Committee on the use of force under Chapter VII of the Charter had strong relevance today. It was important to maintain and strengthen a collective international security system with the Security Council as its core. China supported its consideration on a priority basis at future meetings of the Special Committee.

Discussions of peacekeeping issues by other United Nations bodies did not affect consideration of the topic by the Special Committee from a legal perspective under the Charter, he said. The Special Committee should play a wider role in discussions of peacekeeping matters.

On the issue of the effect of sanctions on third States, he said the question was of great importance to developing countries. The just demands of those third States should be fully understood. China welcomed the expert group report on the subject. The establishment of a fund and other mechanisms to help those States should be actively explored.

The proposal of Sierra Leone and the United Kingdom on the establishment of a dispute prevention and early settlement service merited further study, he said. With respect to the future of the Trusteeship Council, his delegation believed that despite the fact that it had fulfilled its original mandate, the Council should not be abolished. Any change in its mandate or its abolition would entail a revision of the Charter.

ZSOLT HETESY (Hungary) emphasized his country�s support of the European Union statement on the question of assistance to third States affected by sanctions. He reiterated Hungary�s position that the question was not simply related to Article 50 of the Charter, which dealt with the relationship between the Security Council and �third States� affected by sanctions. Hungary hoped that the working group on the subject would give to Article 50 the special attention it deserved. He said the task to mitigate the adverse effects of sanctions on such States required a mechanism that went beyond the responsibilities of the Security Council.

Hungary believed that the Special Committee on the Charter should also deal with the issue of assistance to third States on a priority basis. The Committee should concentrate on recommendations of the ad hoc expert group on sanctions that enjoyed wide support. It should propose to the Sixth Committee to adopt those recommendations. The General Assembly would then be able to give the first set of clear guidelines to the Secretary-General at the end of 2001. Hungary believed that there was merit in discussing the issue directly in the Special Committee on the Charter. It feared that the establishment of a new sub-organ might cause further delays. He seconded the call by the European Union that the International Court of Justice should be given more resources.

ROBERTO LAVALLE-VALDES (Guatemala) noted that, last year, his delegation had not had many positive comments to make about the Charter Committee, nor did the situation differ very much this year. The report noted the Committee�s work on proposals for which there was no future without an effort to create the indispensable consensus that would be necessary for their adoption by the Assembly. Moreover, the Charter Committee�s work duplicated and overlapped with work in other United Nations organs.

Some proposals contained positive elements and should be supported, he said. For example, the idea that the role of the Assembly should be strengthened. However, the Charter Committee must not conduct its discussions on the matter as though it were a debate club, but rather should proceed with the firm purpose of finding a compromise that would lead to adoption by the Assembly. The Assembly�s mandate to the Committee -- that it continue to consider the issue of peacekeeping and maintenance of international peace and security -- should not be interpreted to mean that the Assembly intended to deprive countries of their right to withdraw proposals or profoundly revise them.

Concerning dispute settlement, he said there had been an innovation to the Sierra Leone proposal which could lead to a positive outcome, namely, a General Assembly resolution that would underscore the importance of peaceful settlement of disputes and remind States of the wide variety of options available.

VLADIMIR TARABRIN (Russian Federation) said his country attached great importance to the activities of the Special Committee on the Charter, which was making a positive contribution to the provisions of the Charter and United Nations reform process. That had been demonstrated at the twenty-fifth session of the Special Committee.

A �concept of the world for the twenty-first century�, proposed by the Russian Federation, was aimed at assuring the security of States and peoples through cooperation on the basis of the Charter, as well as on the principles and norms of international law, he said. His country had also initiated consideration of legal aspects of the use of force under conditions of globalization. On that issue, his country was open to the broadest possible dialogue.

He said the working paper, introduced in the Special Committee in 1999, aimed to defend the key provisions of the Charter. It confirmed the inviolability of the Charter provisions regulating the use of force, emphasizing the task of strengthening the United Nations role in the maintenance of international peace and security. Referring to a revised paper on sanctions introduced by Russia, he said that, in his country�s view, sanctions were a powerful tool that required maximum careful consideration before being applied. Sanctions should not become an instrument for punishing States and their peoples, as had sometimes happened. There should be a clear vision, timely coordination of conditions and mechanisms for their revocation, as well as the possibility for their step-by-step mitigation. Sanctions should also not result in destabilization of the economic situation in the target country, as well as in third States. An elaboration of additional recommendations on the principles of the implementation of sanctions would help the Security Council.

His country supported recommendations of the Special Committee that the current session of the General Assembly should continue to consider the results of the expert group�s work on the effects of sanctions on third States. The method of calculating the damage to those States affected by sanctions seemed acceptable to him. The most efficient method of work on the subject would be the establishment of a working group within the Sixth Committee.

The elaboration of the legal basis for peacekeeping operations �- an initiative of his country in the Charter Committee -- remained one of the top priority sectors of the Organization. The Russian text dealt specifically with the legal dimension of peacemaking. That did not preclude the possibility of working in close contact with other organs and structures of the United Nations engaged in the practical aspects of those issues, including those mentioned in the Brahimi Report on United Nations peacekeeping activities. He added that he supported closer contacts between the Special Committee and other United Nations bodies dealing with various practical aspects of the issues before the Charter Committee.

MOHAMMED GOMAA (Egypt) said sanctions were an exceptional measure that might be applied after measures provided for under Chapter VI of the Charter -�

regarding peaceful settlement of disputes -� had been exhausted. Egypt had always also referred to the collateral damage of sanctions, and had noted that it spilled over to third States. The Charter provided that the Security Council consult with those States before imposing sanctions. The question should be explored so that sanctions did not become a tool in the hands of the Security Council, contrary to the will of the majority of the United Nations membership.

On the question of revision of the procedures and mechanisms for imposing sanctions, Egypt stressed the importance of respect for the constitutional balance between the prerogatives of the Security Council and other organs, such as the General Assembly, before sanctions were applied.

He referred to the deteriorating humanitarian situation of the people of Iraq and Libya, two countries which had been hit by sanctions. Egypt was encouraged by efforts to alleviate the humanitarian burden of sanctions through the application of targeted sanctions, and would like the General Assembly to undertake an assessment of the effects of such measures.

He congratulated the Secretary-General on the efforts to update the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council. Resources were required to ensure that work on the project was carried forward. He noted that the number of officials engaged on the Repertoire of the Practice of the Security Council was decreasing. Those following the work of the Council had consequently fallen behind.

* *** *

United Nations