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.

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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.)

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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.




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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.

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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