ACTION REQUEST: SIXTH COMMITTEE DRAFT RESOLUTION

UNCLAS USUN NEW YORK 000990 SIPDIS SIPDIS DEPARTMENT FOR IO/UNP EDMONDSON E.O. 12958: N/A TAGS: UNGA UNGA SUBJECT: ACTION REQUEST: SIXTH COMMITTEE DRAFT RESOLUTION ON THE CHARTER AND STRENGTHENING OF THE ROLE OF THE ORGANIZATION ¶1. ACTION REQUEST: USUN requests instructions from the Department to join consensus on the Sixth Committee's draft resolution on the Charter of the United Nations and on the Strengthening of the Role of the Organization (agenda item 85) contained in para 2, or substantially similar text. The text of all draft resolutions must be tabled before the Sixth Committee by November 9. USUN expects the Sixth Committee to take action on draft resolutions shortly thereafter. USUN point of contact for this resolution is Elizabeth Wilcox, (212) 415-4220, WilcoxE@state.gov. END ACTION REQUEST. ¶2. BACKGROUND/COMMENT: As discussed, the text of the resolution is largely the same as last year's resolution (General Assembly resolution 61/38 of December 4, 2006),on which USUN joined consensus. The resolution includes a new paragraph, taken verbatim from a recommendation in the Charter Committee's report (A/62/33),that tasks the Charter Committee to continue to consider a document submitted by the Russian Federation on sanctions. (Note: The Committee has considered this document and earlier drafts of it for ten years. END NOTE.) The resolution also includes a new phrase in OP8 that takes note of the advisory jurisdiction of the International Court of Justice, consistent with article 96 of the UN Charter. END BACKGROUND/COMMENT. ¶3. Text of draft resolution on the Charter of the United Nations and on the Strengthening of the Role of the Organization: BEGIN TEXT: Sixty-second session Sixth Committee Agenda item 85 Draft Resolution Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization The General Assembly, Recalling its resolution 3499 (XXX) of 15 December 1975, by which it established the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, and its relevant resolutions adopted at subsequent sessions, Recalling also its resolution 47/233 of 17 August 1993 on the revitalization of the work of the General Assembly, Recalling further its resolution 47/62 of 11 December 1992 on the question of equitable representation on and increase in the membership of the Security Council, Taking note of the report of the Open-ended Working Group on the Question of Equitable Representation on and Increase in the Membership of the Security Council and Other Matters related to the Security Council, Recalling the elements relevant to the work of the Special Committee contained in its resolution 47/120B of 20 September 1993, Recalling also its resolution 51/241 of 31 July 1997 on the strengthening of the United Nations system and its resolution 51/242 of 15 September 1997, entitled "Supplement to an Agenda for Peace", by which it adopted the texts on coordination and the question of sanctions imposed by the United Nations, which are annexed to that resolution, Concerned about the special economic problems confronting certain States arising from the carrying out of preventive or enforcement measures taken by the Security Council against other States, and taking into account the obligation of Members of the United Nations under Article 49 of the Charter of the United Nations to join in affording mutual assistance in carrying out the measures decided upon by the Council, Recalling the right of third States confronted with special economic problems of that nature to consult the Security Council with regard to a solution of those problems in accordance with Article 50 of the Charter, Recalling also that the International Court of Justice is the principal judicial organ of the United Nations, and reaffirming its authority and independence, Mindful of the adoption of the revised working papers on the working methods of the Special Committee, Taking note of the report of the Secretary-General on the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council, Taking note also of paragraphs 106 to 110, 176 and 177 of the 2005 World Summit Outcome, Mindful of the decision of the Special Committee, in which it expressed its readiness to engage, as appropriate in the implementation of any decisions that may be taken at the High-level Plenary Meeting of the sixtieth session of the General Assembly in September 2005 that concern the Charter and any amendments thereto, Recalling the provisions of its resolutions 50/51 of 11 December 1995, 51/208 of 17 December 1996, 52/162 of 15 December 1997, 53/107 of 8 December 1998, 54/107 of 9 December 1999, 55/157 of 12 December 2000, 56/87 of 12 December 2001, 57/25 of 19 November 2002, 58/80 of 9 December 2003, 59/45 of 2 December 2004, 60/23 of 23 November 2005, Recalling also its resolution 61/38 of 4 December 2006, Having considered the report of the Special Committee on the work of its session held in 2007, Noting with appreciation the work done by the Special Committee to encourage States to focus on the need to prevent and to settle peacefully their disputes which are likely to endanger the maintenance of international peace and security, ¶1. Takes note of the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization; ¶2. Decides that the Special Committee shall hold its next session from...to...2008; (NOTE: OP3 Deleted. END NOTE.) ¶4. Requests the Special Committee at its session in 2008, in accordance with paragraph 5 of General Assembly resolution 50/52 of 11 December 1995; (a) To continue its consideration of all proposals concerning the question of the maintenance of international peace and security in all its aspects in order to strengthen the role of the United Nations, and, in this context to consider other proposals relating to the maintenance of international peace and security already submitted or which may be submitted to the Special Committee at its session in 2008; (b) To continue its consideration of the working document subtitled by the Russian Federation entitled, "Basic Conditions and Standard criteria for introduction and implementation of Sanctions", on a priority basis; To continue to consider, on a priority basis and in an appropriate substantive manner and framework, the question of the implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions under Chapter VII of the Charter based on all of the related reports of the Secretary-General and the proposals submitted on the SIPDIS question; (c) To keep on its agenda the question of the peaceful settlement of disputes between States; (d) To consider as appropriate, any proposal referred to it by the General Assembly in the implementation of the decisions of the High-level Plenary Meeting of the sixtieth session of the Assembly in September 2005 that concern the Charter and any amendments thereto; (e) To continue to consider, on a priority basis, ways and means of improving its working methods and enhancing its efficiency with a view to identifying widely acceptable measures for future implementation; ¶5. Invites the Special Committee at its session in 2008 to continue to identify new subjects for consideration in its future work with a view to contributing to the revitalization of the work of the United Nations; ¶6. Notes the readiness of the Special Committee to provide, within its mandate, such assistance as may be sought at the request of other subsidiary bodies of the General Assembly in relation to any issues before them; ¶7. Requests the Special Committee to submit a report on its work to the General Assembly at its sixty-third session; ¶8. Recognizes the important role of the International Court of Justice, the principal judicial organ of the United Nations, in adjudicating disputes among States and the value of its work, as well as the importance of having recourse to the Court in the peaceful settlement of disputes, takes note of the Court's advisory jurisdiction that may be requested by the General Assembly, Security Council or, consistent with article 96 of the UN Charter, other authorized organs of the United Nations and specialized agencies, and requests the Secretary-General to distribute, in due course, the advisory SIPDIS opinions requested by the principal organs of the United Nations as official documents of the United Nations; ¶9. Commends the Secretary-General for the progress made in the preparation of studies of the Repertory of Practice of United Nations Organs, including the increased use of the internship programme of the United Nations and further expanded cooperation with academic institutions for this purpose, as well as the progress made towards updating the Repertoire of the Practice of the Security Council; ¶10. Notes with appreciation the donations made by Member States to the trust fund for updating the Repertoire of the Practice of the Security Council, as well as the trust fund for the elimination of the backlog in the Repertory of Practice of United Nations Organs; ¶11. Reiterates its call for voluntary contributions to the trust fund for the updating of the Repertoire of the Practice of the Security Council, as well as the trust fund for the elimination of the backlog in the Repertory of Practice of United Nations Organs, and the sponsoring, on a voluntary basis, and with no cost to the United Nations, of associate experts to assist in the updating of the two publications; ¶12. Calls upon the Secretary-General to continue his efforts towards updating the two publications, and making them available electronically in all their respective language versions; ¶13. Reiterates the responsibility of the Secretary-General for the quality of the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council and, in particular, with regard to the Repertoire of the Practice of the Security Council, and calls upon the Secretary-General to continue to follow the modalities outlined in paragraphs 102 to 106 of his report of 18 September 1952; ¶14. Requests the Secretary-General to submit a report on both the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council to the General Assembly at its sixty-third session; ¶15. Also requests the Secretary-General to brief the Special Committee in its next session on the information referred to in paragraph 13 of his report on implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions, on modalities, technical procedures and guidelines on coordination of technical assistance available to third States affected by the implementation of sanctions, as well as a possible methodology for assessing the adverse consequences actually incurred by third States, in the report mentioned in paragraph 16 below; ¶16. Further Requests the Secretary-General to submit a report on the implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions to the General Assembly at its sixty-third session, under the item entitled "Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization"; ¶17. Decides to include in the provisional agenda of its sixty-third session the item entitled "Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization". END TEXT. Khalilzad