GA/L/3147

LEGAL COMMITTEE CONCLUDES DISCUSSION OF SPECIAL CHARTER COMMITTEE REPORT

In keeping with the spirit of reform which now widely infused the Organization, the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization should set an example with respect to both its rationalization of work and efficient use of resources, the Sixth Committee (Legal) was told this morning.

As the Committee concluded its discussion of the report of the Charter Committee, the representative of the United States said no useful purpose was being served by devoting finite Committee resources to proposals that served as a �drag� on its work, citing, in particular papers related to peacekeeping missions, general criteria for sanctions and the use of force. He suggested the Committee focus instead on subjects to which it was well-suited, such as the productive work it had already done on assistance to third States affected by sanctions and its discussion on mechanisms for peaceful settlement of disputes.

He was one of several speakers who expressed support for a Japanese paper on ways to improve the Committee�s working methods. The representative of Ukraine, however, said that while many elements of the Japanese proposal were innovative, others were not fully in line with the rules of procedure and resolutions of the General Assembly. Revising the Committee�s programme of work, rather than its working methods, might be the key to increasing the Committee�s effectiveness, he said. He suggested that the Charter Committee begin its next session with a discussion of new subjects for its agenda.

Japan�s speaker expressed appreciation to all Member States, which had submitted opinions in a constructive and cooperative manner. His delegation had formed the basis for a revised proposal, which had already been submitted.

The Charter Committee 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. It 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.

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

Sixth Committee - 1a - Press Release GA/L/3147 7th Meeting 13 October 2000

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

On the issue of sanctions, Pakistan�s representative said the time had come for uniform criteria to be applied in the imposition of sanctions. Many perennial violators of Security Council resolutions had not been held accountable for their actions while some countries had been subjected to stern measures for similar infractions. There was need for a careful review of the utility of sanctions as an instrument to further international peace and security, he said.

The representative of the Sudan cautioned against the exploitation of the United Nations and its reduction to a tool for the narrow political agenda of some States. He stressed the importance of resorting to sanctions as a last option and commended those permanent members of the Security Council that had, since last year, put a timeframe on sanctions.

Also speaking in the discussion were the representatives of Bahrain, Algeria, Iran, Uganda, Nigeria, Croatia, Cameroon, Haiti, Qatar, Syria, Morocco, Sierra Leone and Tunisia. The Chairman of the Charter Committee also made a statement.

The Committee will meet again on Monday, 16 October, at 3 p.m. to take up two other items on its agenda: Progressive development of the principles and norms of international law relating to the new international economic order; and Review of the Statute of the Administrative Tribunal of the United Nations.

Sixth Committee - 2 - Press Release GA/L/3147 7th Meeting (AM) 13 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 further background on the report, see Press Release GA/L/3145 of 11 October.)

Statements

ALI AL-ARATI (Bahrain) emphasized the need for peaceful settlement of disputes, especially the use of preventive diplomacy and special missions. He also emphasized the important role of initiatives whether regional or international in the dispute settlement. He also drew attention to Chapter VI of the Charter relating to peaceful settlement of disputes. He stressed the importance of respect for peoples and non-interference in the internal affairs of States.

He said the maintenance of international peace and security and the development of peaceful relations among States were fundamental objectives. He emphasized the principles of non-use of threats or force to maintain the political independence of States -- such threats were flagrant violations of the principles of the Charter and international law. Self-determination of States was a fundamental right, and the Special Committee on the Charter should strengthen that principle. The Special Committee should develop mechanisms for the peaceful settlement of disputes.

ACHENE KERMA (Algeria) said sanctions had a catastrophic impact on vulnerable groups, as had been confirmed by various United Nations reports. The mode of their application had led to questions being raised by the international community about the legitimacy and usefulness of sanctions.

An in-depth review of the application of sanctions was needed, he said. His delegation welcomed the recent decision of the Security Council to establish a working group to study the whole question of sanctions, including their humanitarian aspects, as well as the working methods of the various sanctions committees.

He said the application of sanctions must conform to Charter provisions and must only be invoked when all other means to resolve disputes were exhausted. Sanctions must have clearly defined objectives, and efforts should be made to spare innocent civilian populations.

His delegation supported the Cuban proposals made in the Special Committee about the strengthening of the role of the United Nations and enhancing its effectiveness, including the role of the General Assembly, he said. It supported further discussion of the proposal.

He said the effective application of article 50 of the Charter on assistance to third States affected by sanctions was a useful part of resolving the thorny question of sanctions and embargoes. He drew attention to the fact that proposals on the subject by the non-aligned countries had not been properly studied. Special efforts should also be devoted to the question of the creation of an early warning service proposed by Sierra Leone. His delegation was still considering proposals on peaceful settlement of disputes.

He noted that some attempts were being made to marginalize the Special Committee on the Charter. Any reassessment of its role should be undertaken within the overall reform of the Organization.

MOHAMMED HASSAN FADAI FARD (Iran) said that although the Special Charter Committee had not finalized its agenda items, useful discussions had taken place. He noted that there were two proposals on sanctions -- one seeking to establish a permanent mechanism to alleviate the suffering of third States caused by mandatory sanctions and the other to set up basic criteria for the imposition, implementation and lifting of sanctions. Despite the measures adopted so far, there seemed to be an emerging trend in the international community that the shortcomings of United Nations sanctions required a thorough examination.

The creation of the informal working group of the Security Council could not and should not prevent the General Assembly and its subsidiary bodies, including the Charter Committee, from studying issues related to sanctions and making appropriate recommendations. The General Assembly, which comprised the entire membership of the United Nations, was the most appropriate body to make recommendations on standard-setting, including in the area of sanctions.

Standard-setting in respect to sanctions should focus on Charter-based sanctions only. Unilateral sanctions, which ran counter to the accepted norms and principles of international law, had no place in such an exercise. The international community had repeatedly denounced economic coercion as a means of achieving political goals.

Concerning peaceful settlement of disputes, he said particular reference should be made to the valuable handbook on the subject, prepared by the office of legal affairs, which briefly described various political and legal mechanisms available to States. It was essential that the Charter Committee be cognizant of the existing instruments on the settlement of disputes and bear in mind the principle of allowing the parties to a dispute to agree on such peaceful means as might be appropriate to the circumstances and nature of their disputes.

JULIET SEMAMBO KALEMA (Uganda) said that while she was aware of the important role sanctions played in maintaining international peace and security, it was hard to ignore the humanitarian and economic hardships suffered by third States in carrying out their obligations. She called for a fuller response from the Secretary-General on steps taken by the Security Council to improve its procedures and working methods, including the sanctions committees. The establishment of a permanent mechanism to overcome the detrimental effects of sanctions on third States was the best option.

She looked forward to a continued discussion of the Russian proposal on criteria for sanctions, saying if finalized, it could be of benefit to the Council. The joint revised informal paper on dispute settlement contained improvements and had raised worthy support. She expressed appreciation for the new developments and said they would form a good basis for future discussions. Concerning the Repertoire and Repertory, she expressed appreciation for the progress report on efforts to reduce and eventually eliminate the backlog. She supported extending the duration of internships to six months.

CHRIS.A.OSAH (Nigeria) said sanctions should be applied with caution, and only when all other means of peaceful settlement of disputes had been exhausted. Sanctions should not be open-ended and should have concrete goals. To mitigate their negative impact, they should be reviewed periodically to enable the Security Council sanctions committees to assess their impact on vulnerable groups, and to determine assistance that could be provided to them. Nigeria believed that the cost of mitigating the adverse consequences of sanctions on third States should be borne by the international community, and by some international financial institutions, principally the International Monetary Fund (IMF) and the World Bank

On the question of peaceful settlement of disputes, he said emphasis should be placed on strengthening the existing mechanism for that purpose. The International Court of Justice must be strengthened with adequate resources. Nigeria welcomed the Sierra Leone paper on dispute prevention and early warning service. The proposal was valuable and could assist the Special Committee in its work.

Nigeria believed that the Trusteeship Council should not be abolished, it rather should be assigned new roles, he said. He urged the Special Committee to undertake a comprehensive study of new mandates for the Council. Nigeria, as a member of the Special Committee, could attest to the significant progress it had made over the years -- would not support scrapping it.

JOSKO KLISOVIC (Croatia) said the criteria upon which the duration of each session of the Charter Committee should be determined was an integral part of the reform of its working methods. The duration should correspond to the seriousness, importance, complexity and urgency of the issues. Each new topic should be accompanied by a recommended timeframe and deadlines for the submission of documents. Issues before the Committee were complex and multi- disciplinary and therefore fell within the competence of several United Nations bodies.

Noting that there had been a long-standing request by some States for the Charter Committee to avoid tackling issues that were under consideration in other organs, he said it was essential to ensure better coordination. The Committee should certainly be involved in legal deliberation on issues which derived from or were directly linked to the Charter. At its last session, no breakthrough had been made on any of the issues that had now been on its agenda for a considerable period. Citing advantages of a cut-off mechanism, it said, however, that it should be accompanied by clear criteria for determining when a proposal lacked sufficient support and should be removed from the agenda.

He expressed the hope that the valuable work of the ad hoc expert group on sanctions would be followed up without delay. The Secretary-General�s views on the group�s suggestions would be another impetus for a constructive discussion. He added that he supported the request of the International Court of Justice for more resources.

JEAN-DIEUDONNE NTSAMA (Cameroon) described the issue of assistance to third States affected by the imposition of sanctions as an important and sensitive one. He appreciated the efforts by the Council to examine the matter. The Council should impose sanctions only on an exceptional basis and only in strict conformity with the Charter. In the absence of a permanent fund for assistance to third States, the Council should only apply targeted sanctions when it was deemed unavoidable. It was time to take the necessary decisions on the matter.

Stating that there had been several useful contributions from various sources, he said the work of the Charter Committee could be further facilitated by a presentation of views from the Secretary-General. He considered the Russian proposal on criteria a useful basis for the Committee�s continued work on the issue.

Turning to the peaceful settlement of disputes, he said it was important to have respect for ethical values as well as respect for the different means available for peaceful settlement, including recourse to the International Court of Justice. Cameroon had made peace the main aspect of millennium policy both within the country and outside its borders. During the Millennium Summit, the President of Cameroon had called upon Member States to consider creating a committee or international ethical observatory. It was an opportune time to consider the proposal as the peaceful settlement of disputes should be taken up in a global way.

Cameroon had reservations about the advisability of abolishing the Trusteeship Council, particularly if there were no financial implications to its existence. Turning to the working methods of the Charter Committee, he said it was preferable for Committee sessions to be held at the beginning of the year. The Committee should devote itself to subjects within its competence and avoid duplication with other bodies.

MARC ARTHUR ASSE (Haiti) said there should be a permanent mechanism to ensure assistance to third States. He called for full implementation of the provisions of Article 50 of the Charter. In supporting a number of points in the Russian proposal on criteria for establishing sanctions, he said sanctions must not be imposed without taking into account the interests of third States and the impact of sanctions on them. There should also be a mechanism to determine the economic and humanitarian impact on third States.

The International Court of Justice should be provided with the appropriate resources necessary to carry out its noble tasks. He expressed appreciation for the efforts to reduce the delay in publishing the Repertoire and Repertory and the commitment to eliminate the backlog. On the Trusteeship Council, he said that as long as there were still Non-Self-Governing Territories in the world, the Trusteeship Council had not achieved its ends. He supported the proposals to endow the Council with the responsibility for protecting mankind�s common heritage.

The problems confronting mankind were profound and many, he said. In light of those challenges, it was necessary to strengthen the United Nations system through administrative reform. There must be structural reform of the Security Council as well as reform of the Organization�s economic and social organs. It was important to arrive at an operational and conceptual consensus where national interests coincided with international interests.

He said the United Nations had often been perceived as ineffective because of problems with its resolutions. The credibility of the Organization was linked to the quality and implementation of the resolutions. Moreover, the veto rendered the Security Council an undemocratic institution. Reform of the Council was tied to the maintenance of international peace and security. It should not appear to be simply the result of assertion of power by some dominant countries.

MUTLAQ ALQATANI (Qatar) said statements made so far on the issue before the Committee reflected the will of the membership to strengthen the United Nations. He said the issue of assistance to States affected by sanctions required further study. The application of the provisions of article 50 of the Charter on the subject required also further study, as did the methodology for determining the nature of the assistance. He said the revised paper submitted by the Russian Federation on the �basic conditions and standard criteria for the introduction of sanctions and other coercive measures and their implementation� also needed further consideration.

He said the imposition of such measures should have a timeframe. Account should be take of their negative effects, as well as of their humanitarian cost to vulnerable groups. That had been underscored by a recent report of the Secretary-General. The world was witnessing the impact of sanctions on the suffering people of Iraq; Qatar would like to see an end to that suffering.

He welcomed the amendments to the Sierra Leone document on dispute settlement prevention and the establishment of an early warning service proposed by the United Kingdom. His country would like all possible resources to be made available to the International Court of Justice.

MOHAMMED NAJIBRAHIM (Syria) expressed grave concern about the double standards seen in recent years in the imposition of sanctions. He said they lacked credibility. Sanctions under Chapter VII of the Charter were to be invoked when there was a clear threat to international peace and security, and when other means of peaceful settlement of the dispute had been exhausted.

Recalling sanctions imposed against countries such as Libya and Iraq, he said no such measures had been invoked against Israel, which was still occupying Arab and Palestinian lands, killing children and shelling houses in full view of the international community. It had also jeopardized international peace and security with its nuclear weapons, and violated United Nations resolutions urging it to withdraw from the occupied territories. It had not been subjected to sanctions because of the United States. Ten years had passed since sanctions were imposed against Iraq and there was no sign of their being lifted. Peace- loving States that had tried to help it had been accused of sanctions-busting. It was revolting that the measures had been imposed in the name of the United Nations.

The Security Council must be fair in imposing sanctions and their objectives must be defined and implemented within a clear time frame. Sanctions must be lifted once there were no threats to international peace and security. He stressed the importance of means to mitigate effects of sanctions on third States, and referred to proposals on the subject adopted at the Summit of Non- Aligned Countries in Durban, South Africa. He said Russian proposals on sanctions introduced last year in the Special Committee on the Charter deserved attention and should be reviewed in detail with a view to their adoption.

He also expressed support for proposals made in the Committee by Cuba and Libya. He noted that the Cuban proposal on the strengthening of the Organization and enhancing its effectiveness was directly related to reform of the Organization, particularly with regard to the Security Council. The Special Committee should be the only forum for work on the reform of the Organization. He said abolition of the Trusteeship Council was unwarranted.

Syria supported the International Court of Justice, he said, adding that it must be provided with more resources. It also supported the current working methods of the Special Committee and did not favour the shortening of its sessions.

KARIM MEDREK (Morocco) said sanctions should only be imposed as a last resort. There should be preliminary assessments of their possible impact on civilian populations and third States before they were invoked.

He commended the efforts of the Secretary-General to update work on the Repertory of Practice of United Nations Organs and Repertoire of the Practice of the Security Council, but expressed concern, however, about the delays in their publication. He said the International Court of Justice should be given the means to carry out its work, and added that it would be deplorable if it was unable to do so because of lack of resources.

SHUICHI AKAMATSU (Japan)stressed the need to urgently address assistance to third States as, in recent years, economic sanctions had been applied with increasing frequency and had included a wide variety of measures. However, he cautioned against acting hastily. Instead, a step-by-step approach was needed. Useful measures included a prior assessment by the Secretary-General of the potential effects of sanctions, monitoring sanctions, and technical assistance extended by the Secretariat to those who invoked article 50 of the Charter. Such measures, though, should not hamper the effective application of the sanctions themselves.

The peaceful settlement of disputes among States was a primary goal, he said. He welcomed the revised proposal by Sierra Leone and the United Kingdom and expressed the hope that it would be adopted in the Charter Committee�s next session. His country felt the Trusteeship Council should be abolished. However, the question of the Council should be distinguished from that of the protection of the environment, which his country felt was important.

Concerning Japan�s proposal on improving the working methods of the Charter Committee, he expressed appreciation to all Member States which had submitted opinions in a constructive and cooperative manner. Japan had already submitted a revised proposal on the basis of those opinions and looked forward to a constructive and in-depth discussion on it.

ALLIEU KANU (Sierra Leone) said measures aimed at mitigating the effects of sanctions on third States would strengthen the implementation and effectiveness of sanctions. He supported not only financial assistance but also special trade agreements. The Russian proposal on criteria for the imposition of sanctions contained some excellent points and deserved further consideration. Efforts should be made to protect the basic needs of civilian populations, especially such vulnerable groups as children, the elderly and the sick. Allowance should also be made for the suspension of sanctions in cases of emergency and granting support for humanitarian imports.

In light of the recent Brahimi Report on United Nations peace operations, the Charter Committee should avoid duplication of work. Concerning the proposal to ask the International Court of Justice for an advisory opinion on the legal consequences of the use of force, he believed that humanitarian intervention was necessary in situations where fundamental principles of international humanitarian law were being violated. Although it was an issue of great political sensitivity, as lawyers the Committee must divest itself of political considerations when dealing with important principles of international humanitarian law. He added that should there be a decision to maintain the Trusteeship Council, its future role and competence should be clearly defined.

JOHN ARBOGAST (United States) shared the concern of other delegations about the Charter Committee�s agenda items, which had served as �a drag� on its work. As the report�s summary of an increasingly academic debate demonstrated, no useful purpose was being served by devoting finite Committee resources to proposals �which reinvented the wheel, duplicated or significantly overlapped work that had been assigned elsewhere�. The Committee should recognize that such proposals as the ones on peacekeeping missions, general criteria for sanctions and the use of force, were problematic, and should instead focus on more productive and practical work.

He described the Committee�s work on the effect of sanctions on third countries as an example of productive work. He said that it was partly as a result of the Committee�s visible efforts on the subject that it was being considered by the Council�s working group on sanctions. There had also been productive work on dispute prevention and settlement mechanisms, another subject to which the Charter Committee was well-suited. Ideas in the revised proposal on the subject had the potential to both increase access to and awareness or use of dispute-settlement tools, and to enhance the Organization�s early-warning capabilities.

Thanks to the initiative of Japan, there had been productive work on making the Committee itself more productive, he said. In keeping with the spirit of reform, which now widely infused the Organization, the Committee could set an example with respect to both rationalization of work and efficient use of resources. The Committee should meet only when actually necessary and only for as long as necessary. Serious consideration should be given to limiting the Committee�s session to one week. He added that the United Nations in general, and the Charter Committee in particular, could do without the practice of lecturing favoured by certain delegations.

VOLODYMYR KROKHMAL (Ukraine) said that due to a lack of time, the Charter Committee had not been able to consider the identification of new subjects for its agenda. He therefore supported a return to the usual duration of the sessions. There was clearly no consensus and not even general support for reducing the sessions or placing them under a hiatus. Revising the Committee�s programme of work rather than its working methods might be the key to increasing the Committee�s effectiveness. While many elements of the Japanese proposal were interesting and innovative, others were not fully in line with the rules of procedure and resolutions of the General Assembly. He suggested that the Charter Committee begin its next session with a discussion of new subjects for its agenda.

He expressed appreciation to the Secretary-General for his persistent efforts to reduce the backlog in the publication of the Repertory and the Repertoire and supported expanding the practice of using interns and junior professionals to accelerate the work. The proposal to request a legal opinion from the International Court of Justice on the legal use of force provided a good basis for further discussion on a number of major legal questions. He believed the Assembly could proceed with seeking an advisory opinion without an explicit authorization from the Security Council. However, the Charter Committee, as an expert legal body, should concentrate its efforts on legal issues and, to the extent possible, avoid discussion of political matters, which were clearly beyond its mandate.

Sanctions should not be a substitute for established measures for settling international disputes and resolving conflict situations, he said. Sanctions were extreme measures and could potentially have effects equal to or even more severe than those of war. A draft resolution co-sponsored by Ukraine on assistance to third States affected by sanctions, would emphasize the need to establish a working group of the Sixth Committee next year to formulate guidelines on implementation of Article 50.

SOUMAIA ZORAI (Tunisia) said her country strongly supported Charter provisions for dispute settlement. There should be time frames for imposition of sanctions, as well as periodic reviews of their impact on the target State and third countries.

She welcomed a recent report of the Secretary-General on the effects of sanctions which recommended that the Security Council should give special attention to the problem. She also welcomed the report of an expert group appointed by the Secretary-General to study the subject. In the spirit of the Millennium Summit, she urged the Council to consult with States that would potentially be affected by the imposition of sanctions.

She underlined the importance of the Repertory of Practice of the United Nations Organs and Repertoire of the Practice of the Security Council and expressed regrets about the delays in their publication. She expressed support, however, for efforts to publish them on time.

EL FATIH ERWA (Sudan) cautioned against the exploitation of the United Nations and its reduction to a mere tool for the narrow political agenda of some States. He stressed the importance of resorting to sanctions as a last option and commended those permanent members of the Security Council that had, since last year, put a timeframe on sanctions. He added that some countries that emerged victorious from the cold war were trying to tamper with the role of the General Assembly as they had done with the Security Council.

His country called upon Member States to honour their obligations by paying their assessed contributions to the Organization and not to use it as �cheap political extortion�. Shirking such obligations was against international law.

MOIN UL-HAQUE (Pakistan) said his country, as a matter of principle, was opposed to sanctions and had consistently supported all efforts towards peaceful resolution of conflicts. The United Nations should not become a punitive organ. The Security Council should not resort to sanctions without a visible threat to international peace and security and without first trying all other means and measures to resolve disputes.

He said the time had come for uniform criteria to be applied in the imposition of sanctions. While some countries had been subjected to stern measures for violating Security Council resolutions, many perennial violators had not been held accountable at all. That situation made necessary a careful review of the utility of sanctions as an instrument to further international peace and security. He hoped the Russian proposal would provide useful inputs in the debate on the subject of sanctions.

Pakistan attached great importance to the United Nations peacekeeping role. Its commitment to and involvement in United Nations peacekeeping activities was based on its fundamental belief in international peace, conflict- resolution, collective security, preventive diplomacy, peacemaking and post- conflict peace-building. Peacekeeping operations must have clear political directions, effective command and control structures and clearly defined roles of engagement.

He said the goal of peacekeeping should not be merely to separate warring sides -- it should also be to investigate root causes of conflict. Referring to the Brahimi Report on the whole question of peace operations, he said there was a need to follow developments before a decision was taken on any proposal on the issue of peacekeeping operations within the Special Committee on the Charter.

SAIED MIRZAEE-YENGEJEH (Iran), Chairman of the Special Charter Committee, thanked delegates for the supportive and helpful comments on the report. Undoubtedly, the valuable points and suggestions made would improve the Committee�s work and help it to make further progress at its next session. If the Sixth Committee could come up with a clear and precise mandate for the Charter Committee, he was sure that would greatly facilitate its work at its next session.

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