SIXTH COMMITTEE DISCUSSION OF CHARTER COMMITTEE

UNCLAS USUN NEW YORK 001125 SIPDIS SIPDIS E.O. 12958: N/A TAGS: UNGA UNGA SUBJECT: SIXTH COMMITTEE DISCUSSION OF CHARTER COMMITTEE FOCUSES ON SANCTIONS REF: A. USUN 990 ¶B. USUN 870 ¶1. SUMMARY: The Sixth Committee concluded its consideration of the Report of the Special Committee on the Charter and Revitalization of the Organization with the adoption of a draft resolution that differed little in substance from last year (Ref A). During the Sixth Committee's debate, many delegations called for the adoption of the Russian Federation's working paper on sanctions and called for the Security Council to continue to refine sanctions regimes to mitigate unintended consequences on third parties and to improve the fairness and transparency of the listing and de-listing procedures. Some delegations also continued to call for assistance mechanisms for third States. Some delegations, including India and Iran, criticized the Security Council for encroaching on the mandate of the General Assembly. END SUMMARY. ¶2. In the Sixth Committee's debate, 30 delegations took the floor to comment on the Report of the Special Committee on the Charter and Revitalization of the Organization: Dominican Republic (on behalf of the Rio Group); Portugal (on behalf of the European Union); Cuba (on behalf of the Non-Aligned Movement); Benin (on behalf of the Africa Group); Egypt; Turkey; Libya; Zambia; Morocco; China; India; Sudan; Cuba; Venezuela; Democratic Republic of the Congo; Cote d'Ivoire; Nigeria; Algeria; Indonesia; Malaysia; United States; Belarus; Japan; Russian Federation; Iran; Kenya; Yemen; Switzerland; Syria; and Argentina. ¶3. Portugal (on behalf of the EU) noted progress the Security Council has made on refining its sanctions committees' listing and de-listing procedures for individuals and entities. Specifically, Portugal praised the procedures initiated pursuant to resolution 1730 (2006) to allow petitioners to make listing and de-listing requests through the focal point or through their States of residence or citizenship. Furthermore, Portugal added, resolution 1735 (2006) improved the listing and de-listing procedures of the 1267 (al Qaida/Taliban sanctions) Committee, making the process more predictable, transparent and fair. ¶4. In general, many delegations supported the Security Council's recent efforts to apply targeted sanctions that mitigate the unintended, negative effects of sanctions on third parties. Benin (on half of the Africa Group) stressed that sanctions should be implemented with strict timelines and lifted once the objective of the sanction measure was achieved. Zambia noted improvements in the monitoring and implementation of sanctions by underscoring the fact that no Member State had approached a Security Council sanctions committee concerning unintended economic hardship as a result of UN sanctions against another State. Portugal said the success of targeted sanctions made the issue of assistance to third States less relevant. Despite this reasoning, many delegations, including Zambia, said the Charter Committee should continue to consider assistance measures for third States. ¶5. Delegations also continued to discuss Russia's revised proposal on conditions and standards for the implementation of sanctions, with many supporting its adoption (Ref B). India said the Russian paper was still relevant and deserved consideration by a Working Group of the Sixth Committee during the fall session. Others also supported a formal discussion of Russia's paper within the Sixth Committee; however, in its resolution the Sixth Committee ultimately decided to task the Special Committee with continuing its consideration of the proposal "as a matter of priority." (NOTE: The U.S. statement said the General Assembly should not seek to develop norms in the area of sanctions. END NOTE.) In a separate matter, Iran, Malaysia, and the Democratic Republic of the Congo supported a proposal from Russia and Belarus to seek an advisory opinion from the International Court of Justice on the legal use of unilateral force without prior authorization from the Security Council. (NOTE: The U.S. statement opposed this Russian/Belarusian proposal. END NOTE.) ¶6. Iran said the Special Committee should review actions of the Security Council that encroach on the powers and mandate of the General Assembly (GA),in particular "norm-setting and establishing definitions," which are within the purview of the GA. India said that expanding the permanent membership of the Council would provide a better system of checks and balances. Libya questioned the competency of the Security Council to invoke sanctions based on international law and said that reform of the UN should be a prominent item on the Special Committee's agenda. ¶7. At the conclusion of its consideration of the Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, the Sixth Committee adopted a draft resolution almost identical to last year's outcome (Ref A). The General Assembly is scheduled to adopt the resolution on December 6. Khalilzad