GA/L/3146

SPEAKERS CALL FOR MEANS TO AMELIORATE AFFECT OF SANCTIONS ON THIRD PARTIES IN SIXTH COMMITTEE

The loss to Bulgaria, as a third State affected by Security Council sanctions against other countries, amounted to some $10 billion -- roughly comparable to the level of that country�s foreign debt, the Sixth Committee (Legal) was told this morning.

As the Committee continued its discussion 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 need to improve the sanctions regimes and search for ways to lend assistance to third States affected by sanctions were again predominant themes in the debate.

The representative of Bulgaria said every effort should be made to prevent or minimize the possible adverse implications of sanctions on third States and suggested creating a specific mechanism to render assistance to those States. The speaker for Turkey, who also described his country as a third State affected by sanctions, said relief measures should include according commercial exemptions or concessions, consulting with the affected states, establishment of a fund, and giving priority to the contractors of third States for humanitarian investments in the target State.

One of the reasons that sanctions imposed on Iraq continued was that there were no clear rules or criteria for sanctions in the Charter, Iraq�s speaker told the Committee. The result had been a kind of genocide and vengeance against an entire people. The sanctions were a flagrant violation of the Charter and international humanitarian law.

Libya�s speaker said the Council had become almost a tool in the hands of some members who tried to use it for their own interests. The possibility of reducing the frequent recourse to the veto, as well as limiting the circumstances under which it could be used, should be looked into, he said. He called for the strengthening of the role of the General Assembly in the maintenance of international peace and security.

The Special Committee�s annual report includes a recommendation to the General Assembly concerning a methodology for assessing the consequences incurred by third States as a result of sanctions, and recommends exploring innovative and practical measures of international assistance that could be provided to affected States. Also included is an overview of the Committee�s

Sixth Committee - 1a - Press Release GA/L/3146 6th Meeting (AM) 12 October 2000

deliberations on issues as criteria for sanctions, peacekeeping, dispute settlement and the use of force by States, and the future of the Trusteeship Council.

The Charter Committee, which was established in 1974 to examine in detail proposals regarding the Charter, strengthening the role of the United Nations in maintaining peace and security, cooperation among nations and the 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.

Also speaking in the discussion were the representatives of Cuba, India, Republic of Korea, Colombia (on behalf of the Rio Group), Ghana, Brazil, Indonesia, Turkey and Belarus.

The Committee will meet again tomorrow, 13 October, at 10 a.m. to hear other speakers on the report.

- 3 - Sixth Committee Press Release GA/L/3146 6th Meeting (AM) 12 October 2000

Committee Work Programme

The Sixth Committee (Legal) met this morning to continue 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.

(For background information on the report, see Press Release GA/L/3145 of 11 October.)

Statements

SORAYA E. ALVAREZ NUNEZ (Cuba) said the Charter Committee�s work was particularly significant in the twenty-first century. Leaders at the Millennium Summit had reaffirmed their support for the principles and objectives of the Charter and strengthening the Organization. The Charter Committee was the forum best suited to strengthening the Organization and its capacities to achieve its goals. Yet some delegations in Committee debates over the years had questioned the Committee�s results and even the need for its existence.

She expressed appreciation for the proposal submitted by Japan on perfecting the working methods of the Committee, she said. An evaluation of its efficiency necessarily involved and depended on an examination of the practice of those who tried to impose, in a surreptitious way, ideas that were not part of the Charter Committee�s mandate in pursuit of their own interests. Regrettably, those ideas had been supported by some delegations over the years. The Committee was not the proper scenario for the pursuit of those objectives. Unusual practices being imposed on the Committee undermined its work. It was unacceptable that legislative reform in the Organization might occur without properly taking into account the views of Member States. It was necessary to strengthen the deliberative organs of the United Nations, including the Charter Committee. She reiterated her country�s support for the Charter Committee.

A.GOPINATHAN (India) said a permanent solution should urgently be found to the question of assistance to third States affected by the application of sanctions. While the Security Council had the competence to impose and enforce sanctions under Chapter VII of the Charter vis-�-vis a target State, he said the Charter did not intend that the adverse consequences for non-target States would remain unattended. The Security Council had a responsibility of alleviating the damages suffered by those third parties by simultaneously creating mechanisms to provide relief, he said.

India fully endorsed the main findings of the ad hoc expert group, which recommended the Security Council give careful consideration to the potential effects of sanctions both on the target State and on third countries before imposing such measures. The experts had also recommended the need for appropriate and timely exemptions for humanitarian purposes. They said the concept of burden sharing and equitable distribution of costs were relevant both to minimizing collateral damage and to encouraging full cooperation in the implementation of sanctions.

He said the Sixth Committee should consider the substance of the expert group�s recommendations with a view to achieving the objective of article 50 of the Charter. The Security Council had the nodal responsibility to find solutions to the problem of third States affected by United Nations sanctions. It must also take necessary steps to urgently translate into action the resolve of the heads of State and Government set out in the Millennium Declaration that adverse effects of sanctions on innocent populations be minimized and that such sanctions regimes be subject to regular reviews.

He said sanctions should be applied as a last resort after all options under the Charter had been exhausted. He reiterated India�s commitment to the strengthening of the United Nations and enhancing its efficiency. He hoped reform and expansion of the Security Council would receive the attention it deserved. His delegation was concerned about the persistent delay in the publication of the Repertory of Practice of the United Nations Organs and the Repertoire of the Security Council.

ABDUL M.AL-KADHE (Iraq) said the international community had confirmed clearly in the Millennium Summit Declaration that the United Nations and its Charter were the basis for the achievement of international peace and justice. The Secretary-General, in his report on the work of the Organization, had also stated that the new millennium provided an opportunity to stress the essential principles of the United Nations. The Organization was and remained the basis of international law, he said. Iraq firmly believed that the strengthening of the Organization must take its place in different committees, and he urged full participation in the work of the Special Committee on the Charter. That would help clear the imbalance that existed between the Security Council�s role and the General Assembly in the area of maintenance of international peace and security.

Iraq welcomed the revised document submitted in the Special Committee by the Russian Federation entitled Basic conditions and standard criteria for the introduction of sanctions and other coercive measures and their implementation. The paper had received wide support from Committee members, he said, adding that the document was a very logical analysis of the question. One of the reasons that sanctions imposed on Iraq continued was that there were no clear rules or criteria in the Charter. The result had been a kind of genocide and vengeance against an entire people. The measures were a flagrant violation of the Charter and international humanitarian law. That had been confirmed by a number of international humanitarian organizations.

The General Assembly must be able to consider the questions of sanctions and their effects, he said. It must be able to exercise its competence as provided for in the Charter. Iraq firmly believed in the establishment of mechanisms for lifting sanctions. The United Nations was faced with a serious challenge, because of the marginalization of the General Assembly, that had prevented it from carrying out its role in the maintenance of international peace and security. He said the United States had been imposing its will on the Security Council and using it to achieve its narrow national interests.

The Security Council had been faced with the threat of veto by the United States during its recent consideration of events in the Middle East and had not been able to adopt a resolution that would have asked Israel to stop its aggressive policies against the Palestinian people. In the end, it had adopted a resolution that did not condemn Israel, and the United States had abstained. The entire world knew the terrible crime being committed by Israel, the occupying power, in violation of relevant Geneva Conventions, thus endangering international peace and security.

The rights of peoples and nations were essential for the maintenance of international peace and security, he said. That could only be achieved by a reform of the United Nations. Iraq firmly believed that the Special Committee on the Charter was the right forum for discussions of the General Assembly�s role in the maintenance of international peace and security to ensure a true balance with the Security Council.

HYUN-SOO SHIN (Republic of Korea) expressed hope that the international community would continue to make collective efforts towards the goal of �smart sanctions� that were intended to be both humane and effective. Since attaining those two objectives simultaneously was difficult, all other efforts should be exhausted before imposing sanctions. He supported the types of sanctions that targeted a specific group of people, were limited in scope and were reasonably flexible with respect to exemptions. He expressed appreciation for the continuing efforts of the Security Council to enhance the functioning of the sanctions committees, and of the work of the Economic and Social Council to monitor economic assistance to third States.

Turning to the issue of the Trusteeship Council, he supported, in principle, the proposal to abolish it. However, he noted with interest the Secretary-General�s proposal to reconstitute it to exercise collective trusteeship of the global environment and such common areas as the oceans, the atmosphere and outer space.

Improving the Charter Committee�s efficiency would allow it to substantially address the legal aspects of the Charter and strengthening the Organization�s role. Taking note of the working paper submitted by Japan, he said delegations should submit proposals as early as possible to allow for in- depth study before the session begins. Also, the Committee�s work should be more focussed, concentrating on a few selected topics to avoid duplication and repetition. He also believed there should be �sunset� or �cut-off� mechanism to prevent discussion from dragging on for years without tangible results.

ALFONSO VALDIVIESO (Colombia), speaking on behalf of the Rio Group, said the Charter Committee could make an important contribution to strengthening the role of the Organization, as it was the only legal forum open to all States that was competent to review proposals on issues that were of deepest concern to the international community. Nevertheless, there was a need to strengthen the Committee by reviewing its working methods and establishing an efficient procedure for dealing with and formalizing new proposals. The Committee must begin its sessions with clear and well-defined objectives, and proposals should be submitted in the form of action-oriented texts. Delegates must gauge the degree of support for their proposals and reformulate possible courses of action to give them a reasonable chance of achieving results.

Colombia welcomed efforts to ensure greater transparency in the work of the sanctions committees, through the submission of detailed and substantive reports, he said. He urged the Secretariat to continue its efforts to ensure that summary records of the formal meetings of those committees be made available in a more timely manner. The recommendations of the Council�s informal working group on sanctions should include practical ways of improving the effectiveness of sanctions, that took into account the maintenance or lifting of sanctions, pre- and post-assessment reports and the ongoing evaluation of sanctions regimes, humanitarian exemptions and cooperation with regional and other international organizations.

The Charter Committee could make a valuable contribution to initiatives to review sanctions regimes and their impact on third-party States by, for example, conducting a detailed, juridical study of the conclusions and recommendations of the ad hoc expert group, he continued. The Rio Group attached great importance to the role of international financial institutions in assessing the economic impact of sanctions and in providing assistance to third States.

Concerning the Russian proposal on sanctions and other coercive measures, the Rio Group was particularly concerned at the humanitarian impact of sanctions. Sanctions regimes should permit the Council to achieve its objectives quickly and with minimum impact on the civilian population. Referring to another proposal submitted by Russia and Belarus, he said the Rio Group believed that that the provisions of the Charter must remain the fundamental basis for collective action, particularly when such action involved the use of force.

HAROLD AGYEMAN (Ghana) reaffirmed his country�s belief in the non- ambiguity of Charter�s chapter VII in conferring on the Security Council the power to decide on measures to give effect to its decisions. Ghana also recognized the compelling need for third States to be given the opportunity to seek relief from sanctions regimes as stipulated in article 50 of the Charter. The Charter did not intend that the adverse consequences to third States should remain unattended to, he said. He reiterated Ghana�s view that while sanctions constituted an important tool for the Security Council to give effect to its decisions, they should not be the tool of first resort. Even though the Charter did not prescribe the exhaustion of other means before resorting to sanctions, its intent and purpose indicated use of other means for dispute resolution, as provided for under Chapter VI of the Charter.

Ghana was encouraged by studies carried out by the World Bank on the impact of sanctions on third States, specifically in the former Yugoslavia and in Iraq, he said. The Bank�s conclusions confirmed that the impact was real and could be painfully severe with significant ramifications for the regional economy. The World Bank�s study also demonstrated the need for urgent development of a workable methodology for assessing the potential and actual impact of sanctions on third States, and identified the useful experience that international financial institutions could bring to the process.

Ghana called for critical evaluation of the current mode of application of sanctions to make them smarter. Sanctions should be better targeted at specific countries, groups or individuals, he said. Ghana was pleased about a proposal made in the Special Committee on the Charter for the establishment of an appropriate mechanism to address the issue of assistance to third States, and Ghana commended the Secretary-General for establishing the expert group which studied the subject. Measures aimed at strengthening the effectiveness of sanctions should not be carried out in isolation from the effects of sanctions on third States, he said.

JOAO C. BAENA SOARES (Brazil) said the Millennium Summit highlighted increased international awareness that the United Nations must become a more effective force for constructive change. It underscored the need for greater democracy and transparency in the Organization, especially in the Security Council. The Charter Committee could usefully contribute to efforts to improve the working methods of the United Nations. No issue was of greater relevance to the maintenance of international peace and security than making sanctions an appropriate and proportional tool underpinning international order. Sanctions should be an instrument of last resort. He applauded the important initiatives to improve the administration and monitoring of the sanctions regimes, particularly the introduction of smart sanctions.

Many of those ideas were first examined in the Charter Committee, he said. Smart sanctions would go along to contributing to another issue to which the Committee gave considerable attention, namely the consequences of sanctions. Brazil supported initiatives to meet the needs of third States in dealing with the economic hardship and social dislocation. He welcomed the report of the ad hoc expert group on developing a methodology for assessing the impact of sanctions, and expressed hope that it would be of use to the Security Council as it considered measures to design sanctions that were less blunt.

The persistence of conflict and instability in many parts of the world had only underscored the urgency of the need for a greater commitment to peaceful settlement of disputes. Brazil was open to suggestions for better equipping the International Court of Justice to deal with the welcome growth in the number of cases in its dockets in recent years.

If the Charter Committee was to continue to focus on these matters, Member States must review, streamline and rationalize its working methods. Brazil supported the proposal by Japan. It and looked forward to thorough consideration of these matters.

MUSMA MUSA ABBAS (Indonesia) said that although the Charter Committee had focused its attention for a number of years on the problem of assistance to third States affected by sanctions, a resolution proved elusive. Past experience had shown that sanctions did not achieve the desired objectives but rather had a punitive impact on the lives of the civilian population, particularly on women, children and the elderly. While the Council had the competence to impose and enforce sanctions, it also had a corresponding responsibility to ensure that non-target third States did not have to bear the adverse consequences of those sanctions. She expressed appreciation for the effort to develop a methodology for assessing the damage to third States.

She agreed with aspects of the Russian proposal on criteria for sanctions and other coercive measures, saying it was essential to consider the humanitarian impact of open-ended sanctions, and especially to ensure that appropriate conditions were created for allowing the adequate supply of humanitarian material to reach the civilian population. Concerning the proposal for a comprehensive legal framework for peacekeeping operations, she said the success of any peacekeeping activity required that the mandate, command structure and rules of engagement were clearly identified. Equally important was a reaffirmation of the principles of neutrality, impartiality and non- interference in the affairs of States parties to a conflict. She added that, as the Charter Committee undertook deliberations on a number of important and complex issues, it would not be prudent to shorten the length of its sessions.

SEDDIGH SHEBANI (Libya) said the report of the Special Committee on the Charter had touched upon a number of important issues, such as the maintenance of international peace and security and implementation of Charter provisions on assistance to States affected by sanctions, as well as proposals including Libya�s on the strengthening of the role of the United Nations in the maintenance of international peace and security. The report also focused on proposals on how best to provide third States with some sort of compensation.

He said the Charter had entrusted the Security Council with the maintenance of international peace and security. However, the Council had become almost a tool in the hands of some of its members to use it for their interests. Consequently there were proposals to reform the Council, and its membership and working methods, so that no one State could use the Council for its own ends. He said veto rights must be done away with or exercised by all council members. It would be necessary to broaden the role of the Council in the maintenance of international peace and security.

Libya had submitted several proposals to the Special Committee over the years, including one dealing with the exploration of methods which would strengthen the role of the General Assembly in the maintenance of international peace and security, he said. The General Assembly must be given the right to endorse resolutions and decisions taken by the Security Council. A mechanism should be established to clarify relations between the General Assembly and the Security Council. Consideration should also be given to the possibility of reducing the frequent use of the veto, and the circumstances under which it could be used.

He also urged the adoption of a clear and precise definition of what constituted a threat to international peace and security. Libya supported more resources for the International Court of Justice to help it carry out its increasing workload. It also urged States to continue to give the Special Committee on the Charter ample time to carry out its tasks.

VLADIMIR C. SOTIROV (Bulgaria) said the total amount of overall losses incurred by Bulgaria as a result of strict implementation of Council sanctions against Iraq, the former Yugoslavia and Libya was more than $10 billion -- which was comparable to the country�s foreign debt. Every effort should be made to prevent or minimize the possible adverse implications of sanctions on third States. He supported an effective monitoring mechanism and improvement of sanctions administration. Specific mechanisms to render assistance to the affected third States were also important.

Charter provisions on assistance to the affected third States had been extensively discussed in both the Charter Committee and the Sixth Committee, and had led to a series of resolutions, he said. Bulgaria considered the recommendations and conclusions of the ad hoc expert group a good basis for establishing a methodology for assessing the adverse impact of the application of sanctions on third States. He would therefore highly appreciate an early presentation by the Secretary-General of his views. He believed the Secretary- General�s comments would accelerate the successful finalization of work on the issue and the group�s ideas could then be translated into practice.

TEOMAN UYKUR (Turkey) said the issue of assistance to third States was of the utmost importance and he was closely following it, as Turkey had suffered considerably as a third State affected by the application of sanctions. Turkey, as a third State, expected deliberations to be concluded and a functional mechanism to be established with respect to assistance to third States. Practical ideas to alleviate the burden shouldered by third States had been presented. Relief measures should include according commercial exemptions or concessions, consulting with the affected States, establishment of a fund and giving priority to the contractors of the third States for humanitarian investments in the target State.

The findings of the expert group demonstrated that it was time to target concrete results, he said. He called for the establishment of a working group on effective measures aimed at assistance to third States. The Security Council must act without delay in tackling the hardships of third states. He was pleased to note that the text of the Russian proposal on criteria for sanctions expressed the non-permissibility of a situation in which the consequences of the introduction of sanctions would inflict considerable material and financial harm on third States.

Concerning peaceful settlement of disputes, he said the consent of the parties to a certain dispute should be required before their disagreement could be referred to the dispute-resolving board. The proposal on the issue should take that into account. The Charter Committee could be used more efficiently by, for example, starting meetings on time and making better use of conference services. Also, instead of shortening the Committee�s sessions, the Committee should search for ways to increase its efficiency.

- 9 - Sixth Committee Press Release GA/L/3146 6th Meeting (AM) 12 October 2000

VALERY ZHDANOVICH (Belarus) said that the question of the effects of sanctions on third countries should be considered. The Charter did not provide that its adverse effects should remain unattended. Sanctions should be imposed only as an emergency measure, and there should be a preliminary assessment of their effects before they were imposed. Sanctions should not be indefinite, and their effects should be regularly evaluated.

Belarus rejected the application of sanctions without authorization by the Security Council, adding that the international community should be concerned about the unilateral actions of some States, he said. The Russian Federation paper on basic conditions and standard criteria for the introduction of sanctions and other coercive measures and their implementation introduced in the Special Committee was a good basis for discussions of sanctions issues. Any international sanctions should be pursued only after all other measures had been exhausted.

He also said the Russian Federation paper on the legal basis for United Nations peacekeeping operations in the context of Chapter VII of the Charter had identified key elements -- clear definition of the mandate and establishing the limits to peacekeepers� right to self-defence, while strengthening their protection. Belarus fully supported the paper because recent events had made it necessary for the legal aspects of peacekeeping operations to be studied.

He also referred to the working paper submitted to the Special Committee by the Russian Federation and Belarus. That paper recommended that an advisory opinion be sought from the International Court of Justice on the legal consequences of the resort to the use of force by States either with or without the prior authorization of the Security Council, or outside the context of self- defence. The Special Committee on the Charter had a right to make such a proposal to the International Court of Justice,

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