SIXTH COMMITTEE: DEBATE ON SPECIAL COMMITTEE ON

UNCLAS USUN NEW YORK 000937

SIPDIS

E.O. 12958: N/A
TAGS: PREL UNGA
SUBJECT: SIXTH COMMITTEE: DEBATE ON SPECIAL COMMITTEE ON
THE UN CHARTER


1. Summary: The Sixth Committee debated Agenda Item 82,
Report of the Special Committee on the Charter of the United
Nations and on the Strengthening of the Role of the
Organization on October 19. Twenty-three Member States,
including the United States, delivered statements on the
subject with most delegations expressing direct support for
the working paper on sanctions submitted by the Russian
Federation. The Russian Federation asserted that the Charter
Committee in February had agreed to submit to the General
Assembly for adoption. The United States, the only country
to express concerns about the paper, took issue with the
Russian Federation's assertion that there had been agreement
on the paper. Debate concluded with a back and forth
between South Korea and the Democratic People's Republic of
Korea over the U.N. Command in South Korea. End Summary.

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REGIONAL SPEECHES
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2. Sweden, on behalf of the European Union (EU),advocated
for the Russian Federation's working paper and added that
sanctions need to be targeted, monitored, and periodically
reviewed for their necessity and to avoid damaging third
parties. Sweden stated, however, that the question of
assistance to third party states affected by sanctions should
no longer be addressed by the Special Committee and suggested
that no additional items be added to the Charter Committee's
agenda as there are already a number of unresolved issues to
be dealt with. Like other delegations, Sweden commended the
efforts to clear the backlog in the publication of the
Repertory of Practice of United Nations Organs and the
Repertoire of the Practice of the Security Council.


3. Tunisia, representing the African Group, stressed the
need for sanctions to be non selective, targeted, for a
specified timeframe, reviewed periodically, and lifted as
soon as the objectives are achieved. Tunisia called for
"strict adherence" to Article 50, explaining that a state has
the right to consult the Security Council should it be facing
special economic problems from Security Council measures.
The African Group supported the Libyan proposal to provide
compensation to targeted or third party states damaged by
Security Council resolutions inconsistent with the U.N.
Charter.


4. Iran, on behalf of the Non-Aligned Movement (NAM),called
for the democratization of principal U.N. organs and
criticized the Security Council for encroaching on the
functions of the General Assembly and Economic and Social
Council. The NAM argued that sanctions are a measure of last
resort used only to counter acts that threaten international
peace, not as a preventative measure. According to the NAM,
sanctions should be "clearly defined, based on tenable legal
grounds," imposed for a specific timeframe, and lifted as
soon as the objectives are achieved.


5. New Zealand, representing Canada, Australia, and New
Zealand (CANZ),echoed the NAM's statement that sanctions are
a last resort tool and that they should have clear objectives
and be reviewed regularly. CANZ welcomed improvements to the
listing and delisting process.


6. Mexico, on behalf of the RIO Group, reaffirmed the
importance of peaceful dispute resolution and supported
Russia's working paper. Mexico recognized the importance of
the Repertory of Practice of United Nations Organs and the
Repertoire of the Practice of the Security Council.

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COMMON THEMES AND INDIVIDUAL SPEECHES OF NOTE
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7. More than half of the speeches promoted the Russian
working paper on sanctions and called for sanctions to be
used only as a last resort and for them to be targeted,
reviewed periodically, lifted when no longer necessary, and
for a certain timeframe. In addition, many Member States
called for a mechanism to provide aid to third States
impacted by sanctions. Several Member States (e.g. Egypt,
Belarus, Vietnam, and Algeria) promoted the proposal to have
the International Court of Justice issue an opinion on the
use of force. As in other Sixth Committee sessions, several
Member States (notably Cuba, DPRK, Iran, and Venezuela)
called for the democratization of the United Nations and for
Security Council Reform. Member States, in almost all of the
addresses, commended the work of the Secretariat in
publishing the Repertory of Practice of United Nations Organs
and the Repertoire of the Practice of the Security Council.


8. Malaysia expressed its concern over the "trend to utilize
Security Council Resolution Chapter VII powers to further
other agendas." For example, Malaysia described Security



Council Resolution 1540 as contravening the U.N. Convention
on the Law of the Sea as it gives the Security Council
legitimacy to the interdiction of weapons of mass destruction
in the high seas. Malaysia cited the recent Security Council
Resolution on piracy in Somalia as another example of
intrusion.


9. The Russian Federation asserted that in February the
Charter Committee had reached final agreement on its
sanctions paper, and had agreed to submit it to the General
Assembly for adoption. The United States took issue with the
Russian Federation, first reiterating the United States view
that the Charter Committee should not devise norms concerning
the design and implementation of Chapter VII sanctions, which
are in the purview of the Security Council. LegOff stated
that the USG conveyed to the facilitator of the negotiations
in February that the USG continued to have concerns about the
paper and was not in a position to support its adoption. As
a result, last February's Committee decision contained the
words "with a view to adoption," which the USG understood as
leaving the door open for further discussion. LegOff
commended the efforts to reduce the backlog on the Repertory
of Practice of United Nations Organs and the Repertoire of
the Practice of the Security Council. LegOff clarified that
Article 50 of the U.N. Charter provides a mechanism to
discuss the effects of sanctions on third States but that it
does not require specific Security Council action. Finally,
LegOff said that the USG does not support the request for the
ICJ to issue an opinion on the use of force.


10. The Democratic People's Republic of Korea (DPRK)
criticized the selectivity and "high handedness" of Security
Council sanctions, stating they were misused by other
countries. DPRK called the U.N. Command in South Korea
"illegal" which led to a right of reply exchange between
South Korea and DPRK. South Korea maintained the legality of
the U.N. Command citing U.N. resolutions, while DPRK claimed
that the U.N. Command received no assistance from the United
Nations. DPRK claimed the U.N. Command functioned to serve
the goals of the United States, which is responsible for the
massacre of Koreans.


11. The Member States that addressed the Sixth Committee
included: Sweden on behalf of the EU, Tunisia on behalf of
the African Group, Iran on behalf of NAM, New Zealand
representing CANZ, Mexico on behalf of the RIO Group, Egypt,
Belarus, China, Cameroon, Russia, Cuba, Azerbaijan, Tunisia,
Vietnam, Morocco, Democratic People's Republic of Korea,
Algeria, Iran, Turkey, Malaysia, Venezuela, Afghanistan, and
the United States.
Wolff