VZCZCXYZ0000
RR RUEHWEB

DE RUCNDT #0937/01 2951624
ZNR UUUUU ZZH
R 221624Z OCT 09
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC 7401

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