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Statement On Agenda item 85: Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization"

Statement by

Ali Nasimfar

Representative of the Islamic Republic of Iran

 

On behalf of the Non-Aligned Movement

 

Before The Sixth Committee of the

73th Session of the United Nations General Assembly

 

On Agenda item 85:

 

Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization"

 

 

New York, 12 October 2018

 

 

                I have the honour to deliver this statement on behalf of the Non-Aligned Movement.

 

                The Non-Aligned Movement continues to attach great importance to the work of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization and considers that it should play a key role in the current reform process of the United Nations, as mandated in Resolution 3499(XXX) of 15 December 1975.

 

                In our view, the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of Organization has got important potential to enlighten international law and the relevancy of the charter provisions. The Manila Declaration, which was negotiated and adopted by the Charter Committee in 1982, is only one of the major achievements of the committee, which demonstrates that the committee could be considered as a forum to clarify and promote general international law and charter provisions.

 

                The Non-Aligned Movement is of the view that the United Nations is the central and indispensable forum for addressing issues relating to international cooperation, economic development and social progress, peace and security, human rights and the rule of law, based on dialogue, cooperation and consensus-building among States. In this context, the Movement attaches high importance to the strengthening of the role of the United Nations and recognizes the efforts taken to develop its full potential.

 

                Important elements in the United Nations’ reform process are the democratization of its principal organs and respect for the General Assembly’s role and authority, including questions related to international peace and security. The General Assembly remains the chief deliberative, policy-making and representative organ of the United Nations, and its intergovernmental and democratic character, as well as its subsidiary bodies, have contributed extensively to promote the purposes and principles of the United Nations Charter and the Organization’s objectives.

 

                The Non-Aligned Movement reiterates its concern over the continuing encroachment by the Security Council on the functions and powers of the General Assembly and those of the Economic and Social Council through addressing issues which fall within the competence of the latter organs, and the attempts to enter areas of norm-setting and establishing definitions which fall within the purview of the General Assembly.

 

                The Non-Aligned Movement reaffirms that the reform of the Organization should be carried out in accordance with the principles and procedures established by the Charter of the United Nations and preserve the legal framework of this constitutional instrument. For this purpose, the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the organization can contribute to the examination of the legal matters in this process. In this regard, the Movement notes that it is important that the Special Committee continues to study the legal nature of the implementation of Chapter IV of the Charter, particularly its Articles 10, 11, 12, 13 and 14 dealing with the functions and powers of the General Assembly.

 

                The Security Council imposed sanctions still remain an issue of serious concern to the Member Countries of the Non-Aligned Movement. It is the Movement’s view that the imposition of sanctions should be considered as a last resort. Targeted sanctions may be imposed only when there exists a threat to international peace and security or an act of aggression, in accordance with the Charter. They are not applicable as a preventive measure in any and all instances of violation of international law, norms or standards.

 

                Sanctions are blunt instruments, the use of which raises fundamental ethical questions of whether sufferings inflicted on vulnerable groups in the target country are legitimate means of exerting political pressure. The objectives of sanctions are not to punish or otherwise exact retribution on the populace.

 

                Sanctions regimes should avoid unintended consequences in the target State or third States which may lead to violations of human rights and fundamental freedoms. they should not hinder humanitarian assistance from reaching the civilian population.

 

                In this regard, the objectives of sanctions regimes should be clearly defined, based on tenable legal grounds, and their imposition should be for a specified timeframe. It should be lifted as soon as the objectives are achieved. The conditions demanded of the State or party on which sanctions are imposed should be clearly defined and be subject to monitoring its impacts and periodic review.

 

                The Movement, also, expresses its deep concern at the imposition of laws and other forms of coercive economic measures, including unilateral sanctions, against developing countries, which violates the Charter of the United Nations and undermines international law and the rules of the World Trade Organization and calls on countries which imposed unilateral sanctions to put an end to these sanctions immediately.

 

                We thank the Department of Political Affairs for briefing Member States   on all aspects of the document entitled “Introduction and implementation of sanctions imposed by the United Nations” contained in the Annex to General Assembly resolution 64/115 of 16 December 2009.  We had expected to hear more about perceived objective assessments of the short-term and long-term socio-economic and humanitarian consequences of sanctions by security council’s sanction committees and the methodology used for the assessment of the humanitarian implications of sanctions as reflected in paragraph 9 of the annex to General Assembly resolution 64/115. We also are interested to hear information on the humanitarian consequences of the introduction and implementation of sanctions, including those which have a bearing on the basic living conditions of the civilian population of the target State, on its socio-economic development and on third States which have suffered or may suffer as a result of their implementation.

 

 

The Special Committee undertook its first annual thematic debate on the means for the settlement of disputes, with a focus on the subtopic “Exchange of information on States practices regarding the use of negotiation and enquiry”, under the agenda item of peaceful settlement of disputes. The Movement maintains that these annual thematic debates on means of dispute settlement would contribute to the more efficient and effective use of such peaceful means and would promote the culture of peace among Member States. Moreover, when the Committee exhausts discussions on all the means of dispute settlement reflected in article 33 of the UN Charter the inputs and materials collected by this process could provide a valuable basis for further consideration by the Committee, with the aim of achieving concrete and result-oriented outcomes.  The subtopic for the next annual debate would be “Exchange of information on State practices regarding the use of mediation” and we encourage Member States to take part actively in the upcoming thematic debate and share their best practices and successful examples in using mediation in the settlement of their disputes.

 

 

 

 

                Mr. Chairman,

 

While the Movement notes with appreciation the engagement of Member States and the positive atmosphere of discussions which led to the finalisation of the proposal by the Movement, which in turn could be considered as progress in the work of the Committee, the Movement also expresses its concern over the reluctance of some Member States in engaging meaningful discussion on the other proposals. The Movement is of the view that the Committee should redouble its efforts, inter alia, to examine suggestions and proposals regarding the Charter and the strengthening of the role of the UN. Also, we are ready to engage into discussion with other groups to set up a work programme for the Charter Committee, to facilitate any discussion in the future with the aim of enhancing the ability of the UN to achieve its purposes.

 

The Movement takes note of the progress made by the Secretariat since the last report in updating the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council. However, the Movement notes with concern that the backlog in the preparation of volume III of the repertory is not eliminated, and calls upon the Secretary General to address this issue effectively and on a priority basis. We also express our satisfaction over the availability of studies on the internet and regular updating of the website of the Repertory and repertoire by the Codification Division.

 

 

I thank you

 


16:46 - 15/10/2018    /    Number : 540279    /    Show Count : 24



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