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
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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
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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