WRAP-UP OF UN CHARTER COMMITTEE MEETING APRIL

UNCLAS USUN NEW YORK 001323 SIPDIS SIPDIS PLEASE PASS TO IO/PSC:JROBERTSON AND L/UNA:MMATTLER E.O. 12958: N/A TAGS: UNGA SUBJECT: WRAP-UP OF UN CHARTER COMMITTEE MEETING APRIL 3-13, 2006 REF: A. HARRIS/WILCOX EMAIL--4/12/06 ¶B. ROBERTSON/WILCOX EMAIL--4/7/06 ¶C. ROBERTSON/WILCOX EMAIL--4/4/06 ¶D. ROBERTSON/WILCOX EMAIL--4/3/06 ¶E. 05 USUN 709 ¶1. SUMMARY: The Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization ("Charter Committee") held its annual meeting at UN Headquarters from April 3 to 13, 2006. The Charter Committee adopted a Japanese working paper regarding the Committee's working methods and agreed to present a resolution commemorating the sixtieth anniversary of the International Court of Justice (ICJ) for adoption by the General Assembly. Discussion also focused on a number of long-standing proposals, including (a) a Russian working paper aimed at establishing basic conditions and criteria for the use of sanctions and other coercive measures; (b) a Russian working paper aimed at establishing criteria for UN Chapter VI peacekeeping operations; and (c) Cuban and Libyan working papers on strengthening the role of the UN and enhancing its effectiveness. The Committee also discussed the 2005 World Summit Outcome recommendation that the UN Charter be amended to reflect the fact that the Trusteeship Council no longer meets and has no remaining function. ¶2. Although the Charter Committee adopted the Japanese proposal on working methods and agreed upon the ICJ resolution, this year's meeting accomplished little of substance, illustrating the merits of the Secretary-General's request, as part of the mandate review process, that States consider discontinuing the Charter Committee's annual two-week deliberations. As in years past, attendance in the Charter Committee was sparse, with more than three quarters of the Membership generally not represented. Originally scheduled to meet every day for six hours for two weeks, the Committee followed a significantly abbreviated work program, reflecting States' limited interest in the agenda. Following presentations by the sponsoring State(s),delegations offered few comments on most of the proposals the Committee had discussed in previous years. The EU, Japan, or USUN objected to or expressed skepticism about the various proposals and urged the Committee not to consider issues that were being discussed by other parts of the UN. Guyana (on behalf of the Rio Group),Cuba, Iran, Syria, and Venezuela were among delegations that voiced support for continuing to discuss many of these long-standing proposals. Statements, as available, have been faxed to IO/UNP and L/UNA. END SUMMARY. -------------- Working Methods of the Special Committee -------------- ¶3. The Charter Committee adopted a slightly revised version of Japan's working paper to reform the Committee's work. Australia, the Republic of Korea, Thailand, and Uganda co-sponsored the proposal. Among other things, the paper encourages any delegation wishing to submit a new proposal to bear in mind the Committee's mandate and to determine, to the extent possible, that the new proposal would not duplicate work occurring elsewhere in the UN. It also encourages a delegation submitting a proposal to request the Committee to conduct a preliminary exchange of views concerning the proposal's usefulness for Member States, bearing in mind the right of delegations to submit proposals, and to assess the priority of the proposal by comparison to the other proposals before the Committee. The proposal also includes a new footnote, inserted at Iran's insistence, providing that the outcome of the Committee's preliminary exchange of views on a proposal will not preclude further discussion or negotiation on it in the Committee. Some delegations said they would join consensus on the proposal only on the understanding that the Committee would continue to meet annually, but Japan, in presenting its proposal said adoption of the proposal would not prejudge considerations of the Committee's future. (Comment: Although Japan's paper was significantly watered down to accommodate objections from Iran and other NAM countries, the Committee's adoption of the proposal marked a modest step toward reform. End comment.) -------------- Peaceful Settlement of Disputes -------------- ¶4. The Committee agreed to recommend that the Committee present an Egyptian-drafted resolution commemorating the sixtieth anniversary of the ICJ for adoption by the General Assembly (para 16). During the Committee's considerations of the draft resolution, Costa Rica, Malaysia, Jordan, Venezuela, Iran, Ecuador, the Philippines, the Holy See, Libya, Morocco, India, Tanzania, Chile, Guyana, Benin, Mexico, Uganda, Nicaragua, Madagascar, and Uruguay were among the delegations expressing support for the text. (Note: As USUN requested per ref B, the Committee's report indicates that the resolution would not have financial implications. End note.) -------------- -- Maintenance of International Peace and Security -------------- -- ¶5. The Committee briefly discussed Security Council sanctions, including the implementation of Article 50 of the UN Charter concerning the third-country effects of sanctions. In its opening statement, India called for the establishment of a Working Group in the Sixth Committee on sanctions and their impact on third states. The Russian Federation again introduced its working paper entitled "Basic Conditions and Criteria for the Introduction of Sanctions and Other Coercive Measures and Their Implementation." Expressing its willingness to be flexible, Russia sought to have the Committee finalize the document and submit it to the General Assembly, either as a declaration of the General Assembly or as an annex to a General Assembly resolution. (Comment: This and its other recycled proposal on peacekeeping seek to make concrete principles, guidelines, etc. in ways that can only operate to tie the hands of the Security Council. End comment.) ¶6. In introducing its paper, Russia said it had taken into account all comments delegations provided during previous Charter Committee meetings, noted that many delegations supported it, and disagreed with comments of the EU and other delegations that the paper duplicates the work of other bodies. Russia also highlighted the key points of the paper: (1) that modifying behavior must not be the main purpose of sanctions, (2) that the effects of sanctions should be assessed objectively when sanctions are prepared and implemented, and (3) that sanctions have "humanitarian limits." Some delegations, including Cuba, Venezuela, Iran, Algeria, and Libya, expressed support for the proposal. ¶7. Discussion of the Russian's Draft Declaration on the Basic Principles and Criteria for the Work of the United Nations Peacekeeping Missions and Mechanisms for the Prevention and Settlement of Crises and Conflicts was limited. Russia acknowledged that a number of delegations had expressed a "reserved" attitude toward the paper at the Committee's previous meetings and suggested that the Committee could submit the paper to the Committee on Peacekeeping Operations. The Committee did not reach consensus on Russia's proposal. ¶8. In introducing its 2002 proposal aimed at strengthening certain principles concerning the impact and application of sanctions, Libya acknowledged that the Committee had considered its paper in 2002 and 2003 and that the Russian proposal on sanctions captured aspects of its paper. Libya suggested that its proposal remain on the Committee's agenda and be considered together with Russia's proposal. ¶9. Discussion of the working papers submitted by Cuba at the 1997 and 1998 sessions of the Charter Committee, entitled "Strengthening of the Role of the Organization and Enhancing Its Effectiveness," also was limited. Cuba made introductory remarks in support of its long-standing proposal and highlighted the new language it added to include language recommended by the 2005 Summit Outcome. Iran and Syria supported the proposal. ¶10. No delegations commented upon Libya's proposal aimed at analyzing the relationship between the Security Council and the General Assembly in the area of maintenance of international peace and security. ¶11. The Committee briefly discussed the Russian and Belarussian working paper recommending that the General Assembly request an advisory opinion from the ICJ concerning the legal consequences when States use force -- other than in self-defense -- without prior authorization by the Security Council. Acknowledging that various delegations still did not support the paper, Russia said it would not insist that this discussion take place at this session but asked for the Committee to keep the document on its agenda. Some delegations, including Cuba, Iran, Venezuela, and Syria supported the Russian proposal. Jordan described the paper as a "genuine effort in asserting the rule of law," supported keeping the paper on the Committee's agenda, but said the paper should be redrafted to be sure the ICJ would consider it. -------------- -------------- Repertory of Practice of United Nations Organs and Repertoire of the Practice of the Security Council -------------- -------------- ¶12. The Secretariat briefed the Committee on the preparations of the Repertoire of the Practice of the Security Council and the Repertory of Practice of the United Nations and the work to eliminate their backlogs. Concerning the Repertoire, the Secretariat reported progress in preparing chapters of various Supplements, which are available on the Internet. The Secretariat explained that it was focusing on the Security Council's contemporary practice while also ensuring progress in the coverage of the Council's practice during the previous decade. The Secretariat then appealed to Member States to contribute to the trust fund for updating the Repertoire. ¶13. Concerning the Repertory, the Secretariat reported it had made progress in preparing studies under various volumes relating to Supplements Nos. 7, 8, and 9 and in posting studies on the Internet. The Secretariat advised that the UN Legal Counsel had written the heads of all departments involved in the Repertory to encourage them to work with interns and academics. The Secretariat also contacted various Francophone academic institutions to inquire about their interest in assisting with studies relating to volumes 4, 5, and 6, and some have reacted positively. The Secretariat also said it had sent a note verbale to all SIPDIS Permanent Missions in March 2006, requesting contributions to the trust fund for the repertory. ¶14. Costa Rica stressed the need for the Secretariat to enhance its cooperation with academic institutions, and Uganda called upon the Secretariat to use interns and externs to help eliminate the backlog. Syria said the UN should apply the cost-savings it achieved to fund the Repertoire through its regular budget. At the conclusion of the meeting, the Committee adopted a Costa Rican-proposed recommendation to the General Assembly to recommend that the General Assembly: (1) Commend the Secretary-General for the progress in preparing studies of the Repertory and in updating the Repertoire; (2) Reiterate its call for voluntary contributions to the trust funds for the Repertoire and the Repertory; (3) Call upon the Secretary-General to continue his efforts to update the two publications; and (4) Recognize the desirability of making available electronically the Repertory and Repertoire in all their respective language versions. -------------- Trusteeship Council -------------- ¶15. In their opening statements, delegations such as India and Guyana, on behalf of the Rio Group, supported the language in paragraph 176 of the 2005 World Summit Outcome, which recommends amending the UN Charter to reflect the fact that the Trusteeship Council no longer meets and has no remaining functions. ¶16. Begin text: The General Assembly, Mindful that, in accordance with Article 2, paragraph 3, of the Charter of the United Nations, all Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered, Bearing in mind the Declaration on principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations (fn 1) and the Manila Declaration on the Peaceful Settlement of International Disputes, (fn 2) Recognizing the need for universal adherence to and implementation of the rule of law at both the national and international levels, Recalling that the International Court of Justice is the principal judicial organ of the United Nations, and reaffirming its authority and independence, Noting that 2006 marks the sixtieth anniversary of the inaugural sitting of the International Court of Justice, Noting with appreciation the special commemorative event held at The Hague in April 2006 to celebrate the anniversary, ¶1. Solemnly commends the International Court of Justice for the important role that it has played as the principal judicial organ of the United Nations over the past sixty years in adjudicating disputes among States, and recognizes the value of its work; ¶2. Expresses its appreciation to the Court for the measures adopted to operate an increased workload with maximum efficiency; ¶3. Stresses the desirability of finding practical ways and means to strengthen the Court, taking into consideration, in particular, the needs resulting from its workload; ¶4. Encourages States to continue considering recourse to the Court by means available under its Statute, and calls upon States that have not yet done so to consider accepting the jurisdiction of the Court in accordance with its Statute; ¶5. Calls upon States to consider means of strengthening the Court's work, including by supporting the Secretary-General's Trust Fund to Assist States in the Settlement of Disputes through the International Court of Justice on a voluntary basis, in order to enable the Fund to carry on and to strengthen its support to the countries which submit their disputes to the Court; ¶6. Stresses the importance of promoting the work of the International Court of Justice, and urges that efforts be continued through available means to encourage public awareness in the teaching, study and wider dissemination of the activities of the Court in the peaceful settlement of disputes, in view of both its judiciary and advisory functions. Fn 1 Resolution 2625 (XXV),annex. Fn 2 Resolution 37/10, annex. End text. BOLTON