UNGA/C-6: UNGA,S SIXTH (LEGAL) COMMITTEE DISCUSSES

UNCLAS USUN NEW YORK 000982 SIPDIS E.O. 12958: N/A TAGS: UNGA SUBJECT: UNGA/C-6: UNGA,S SIXTH (LEGAL) COMMITTEE DISCUSSES SANCTIONS DURING THE DEBATE ON THE UN CHARTER. REF: 07 USUNNY 1125 ¶1. Summary: The 63rd UNGA's Sixth Committee held its general debate on agenda item 78, "Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization," from October 22-23. A prominent topic in the Report is UN sanctions. Most speakers expressed the view that sanctions must be used as a tool of last resort, in accordance with the UN Charter and international law. Many delegations expressed support for finalizing work on Russia's working paper on sanctions. Paragraph 6 lists the countries that spoke. End Summary. IMPOSING SANCTIONS -------------- ¶2. Several speakers acknowledged that sanctions are an important tool for the maintenance of peace. A large number argued that sanctions should only be applied within Charter provisions and in conformity with international law. Sudan stated that sanctions have become a sword of attack rather than a last resort tool. Similarly, Iran said the United Nations had shifted from the rule of law to the rule of power. Countries advocated a number of recommendations for potential guidelines in invoking sanctions, including; specific objectives, time limits, clear reasons and justification for the sanctions, plans for periodic review, and a consideration of the potential consequences for civilians. The EU stated that the procedures for listing and de-listing should be fair and clear. Egypt, and other non-aligned movement (NAM) members, condemned the use of unilateral sanctions. In its intervention, the United States, as instructed, said that the Charter Committee should not attempt to devise norms concerning the design and implementation of sanctions, and should not pursue activities that would be duplicative or inconsistent with the roles of the principal organs of the United Nations as set forth in the Charter, in particular Article 24, which gives the Security Council primary responsibility for the maintenance of international peace and security. ¶3. Russia referred to its revised working paper, "Standards and Fundamental Principles Governing the Adoption and Implementation of Sanctions by the United Nations," asking that the Charter Committee consider it again with an eye toward adoption by the UNGA Sixth Committee in the next session. Iraq and China supported "further consideration" of Russia's proposal. The Rio Group, Syria, Venezuela, Cote d'Ivoire, India, and Afghanistan supported Russia in aiming to finalize the working paper in order to recommend it to the 64th General Assembly for adoption. (Comment. The United States did not oppose further work on the Russian paper, but considers it to be seriously flawed. End Comment.) ASSISTANCE TO THIRD STATES -------------- ¶4. The EU stated that no requests for assistance had been submitted to any of the sanctions committees in the last six years by third states affected by sanctions. For this reason, the EU argued that the question of assistance to third states is no longer relevant and could be removed from the agenda. The United States added that Article 50 provides the right to consult; however, this does not require the Council to take action regarding effects on third states. India, however, opined that Article 50 does go beyond procedure and obligates the Security Council to find solutions to the effects of sanctions on third states. Egypt, China and others also said that the lack of formal requests for assistance by third states should not be understood as the lack of any effect on third states. OTHER THEMES -------------- ¶5. Japan did not address the issue of sanctions but focused on the other aspects of the agenda item, including clearing the delay in publication of the Repertory of Practice of the United Nations and the Repertoire of Practice of the Security Council. South Africa referred to a gentlemen's agreement regarding the "Group A" Security Council seats. According to that agreement, three seats belong to Africa, two belong to Asia and one between the two belongs to an Arab nation. The representative said that the Charter Committee is an appropriate forum to consider documenting this agreement, since, in the case of highly contested elections, that agreement could be thwarted. LIST OF SPEAKERS -------------- ¶6. The following delegations gave interventions: Kenya (on behalf of the African Group),Mexico (on behalf of the Rio Group),Cuba (on behalf of the NAM),France (on behalf of the EU),Afghanistan, Algeria, Belarus, Cameroon, China, Cuba, Egypt, India, Iraq, Iran, Japan, Libya, Nigeria, Russia, Senegal, Sudan, Syria, Trinidad and Tobago, South Africa, Turkey, United States, Venezuela, and Yemen. Khalilzad