| United Nations | A/50/642 |
General Assembly
Distr. GENERAL
5 December 1995
ORIGINAL:
ARABIC
Fiftieth session
Agenda item 145
REPORT OF THE SPECIAL COMMITTEE ON THE CHARTER OF THE
UNITED NATIONS AND ON THE STRENGTHENING OF THE ROLE OF
THE ORGANIZATION
Report of the Sixth Committee
Rapporteur: Mr. Walid OBEIDAT (Jordan)
I. INTRODUCTION
1. The item entitled "Report of the Special Committee on the Charter of
the United Nations and on the Strengthening of the Role of the
Organization" was included in the provisional agenda of the fiftieth
session of the General Assembly pursuant to paragraph 9 of Assembly
resolution 49/58 of 9 December 1994.
2. At its 3rd plenary meeting, on 22 September 1995, the General Assembly,
on the recommendation of the General Committee, decided to include the item
in its agenda and to allocate it to the Sixth Committee.
3. In connection with the item, the Sixth Committee had before it the
report of the Special Committee on the Charter of the United Nations and on
the Strengthening of the Role of the Organization, Official Records of
the General Assembly, Fiftieth Session, Supplement No. 33 (A/50/33).
95-38270 (E) 071295/...
*9538270* which was introduced by the Chairman of the Special Committee at
the 31st meeting of the Sixth Committee, on 6 November 1995. The Special
Committee, in its report on its 1995 session, inter alia:
(a) Recommended that the General Assembly bring to the attention of
States the text of the United Nations Model Rules for the Conciliation of
Disputes between States completed during that session, by annexing it to a
decision or resolution to be adopted at the fiftieth session;
(b) Invited the General Assembly to consider the establishment of an
openended working group within the framework of the Sixth Committee, at the
fiftieth session, with a view to considering, on the basis of the report of
the Secretary-General prepared pursuant to paragraph 3 of General Assembly
resolution 49/58, the issue of the implementation of the provisions of the
Charter of the United Nations related to assistance to third States
affected by the application of sanctions under Chapter VII of the Charter.
4. The following communications were also circulated under the item:
(a) Report of the Secretary-General on the implementation of the
provisions of the Charter of the United Nations related to assistance to
third States affected by the application of sanctions under Chapter VII of
the Charter (A/50/361);
(b) Letter dated 1 September 1995 from the Permanent Representative of
Sierra Leone to the United Nations addressed to the Secretary-General
(A/50/403).
5. At its 2nd meeting, on 25 September 1995, the Sixth Committee
established the Working Group referred to in paragraph 3 (b) above and
elected Ms. Maria del Lujan Flores (Uruguay) as its Chairman. The Working
Group held 19 meetings between 3 October and 24 November 1995.
6. At the 46th meeting of the Sixth Committee, on 29 November, the
Chairman of the Working Group presented an oral report on the work of the
Working Group (see A/C.6/50/SR.46).
7. The Sixth Committee considered the item at its 31st to 37th, 44th and
46th meetings, from 6 to 13 and on 22 and 29 November 1995. The summary
records of those meetings contain the views of the representatives who
spoke during the Committee's consideration of the item (A/C.6/50/SR.31-37,
44 and 46).
II. CONSIDERATION OF PROPOSALS
A. Draft resolutions A/C.6/50/L.11 and A/C.6/50/L.11/Rev.1
8. The Sixth Committee had before it a draft resolution entitled "United
Nations Model Rules for the Conciliation of Disputes between States"
(A/C.6/50/L.11) sponsored by Guatemala, subsequently joined by Argentina,
Costa Rica, Ecuador, El Salvador, Honduras, Kyrgyzstan, Nicaragua and
Panama.
9. At the 46th meeting, on 29 November 1995, the representative of
Guatemala, on behalf of Argentina, Colombia, Costa Rica, Ecuador, El
Salvador, Guatemala, Honduras, Kyrgyzstan, Nicaragua, Panama and Spain,
subsequently joined by Canada and Venezuela, introduced a revised draft
resolution (A/C.6/50/L.11/Rev.1) entitled "United Nations Model Rules for
the Conciliation of Disputes between States", in which operative paragraph
1, which had read:
"1. Commends the Special Committee on the Charter of the United
Nations and on the Strengthening of the Role of the Organization for having
adopted by consensus the final text of the United Nations Model Rules for
the Conciliation of Disputes between States", Official Records of the
General Assembly, Fiftieth Session, Supplement No. 33 (A/50/33), chap. V,
sect. A.
was replaced by the following:
"1. Commends the Special Committee on the Charter of the United Nations
and on the Strengthening of the Role of the Organization for having
completed the final text of the United Nations Model Rules for the
Conciliation of Disputes between States". 2/
10. At the same meeting, the Committee adopted revised draft resolution
A/C.6/50/L.11/Rev.1 by consensus (see para. 18, draft resolution I).
11. A statement was made by the representative of Peru (see
A/C.6/50/SR.46).
B. Draft resolution A/C.6/50/L.13
12. At the 46th meeting, on 29 November, the Chairman of the Working Group
on the Implementation of Charter Provisions related to Assistance to Third
States Affected by the Application of Sanctions introduced a draft
resolution (A/C.6/50/L.13), entitled "Implementation of Charter provisions
related to assistance to third States affected by the application of
sanctions", proposed by her.
13. At the same meeting, the Committee adopted draft resolution
A/C.6/50/L.13 by consensus (see para. 18, draft resolution II).
14. Statements were made by the representatives of France and Mozambique
(see A/C.6/50/SR.46).
C. Draft resolution A/C.6/50/L.15
15. At the 46th meeting, on 29 November 1995, the representative of Egypt,
on behalf of Argentina, Brazil, Bulgaria, Egypt, New Zealand and the
Philippines, introduced a draft resolution (A/C.6/50/L.15) entitled "Report
of the Special Committee on the Charter of the United Nations and on the
Strengthening of the Role of the Organization". Subsequently, Finland,
Japan and Portugal joined in sponsoring the draft resolution.
16. At the same meeting, the Committee adopted draft resolution
A/C.6/50/L.15 by a recorded vote of 122 to none, with 6 abstentions (see
para. 18, draft resolution III). The voting was as follows: The
Secretariat was subsequently notified that the delegation of Sri Lanka had
intended to vote in favour of the draft resolution and that the delegation
of the Syrian Arab Republic, had it been present during the vote, would
have voted in favour of the draft resolution.
In favour:Albania, Algeria, Angola, Argentina, Armenia, Australia,
Austria, Azerbaijan, Bahrain, Barbados, Belarus, Belgium, Belize, Bolivia,
Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria,
Cameroon, Canada, Cape Verde, Chile, China, Colombia, Cote d'Ivoire,
Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Ecuador, Egypt,
Estonia, Ethiopia, Fiji, Finland, France, Georgia, Germany, Greece,
Guatemala, Guinea, Guyana, Haiti, Honduras, Iceland, India, Indonesia, Iran
(Islamic Republic of), Ireland, Israel, Italy, Japan, Jordan, Kazakstan,
Kenya, Kuwait, Latvia, Lesotho, Liechtenstein, Lithuania, Luxembourg,
Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritius, Mexico,
Micronesia (Federated States of), Monaco, Mongolia, Morocco, Mozambique,
Myanmar, Namibia, Netherlands, New Zealand, Nicaragua, Niger, Nigeria,
Norway, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines,
Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania,
Russian Federation, Rwanda, Saudi Arabia, Senegal, Singapore, Slovakia,
South Africa, Spain, Suriname, Swaziland, Sweden, Thailand, Trinidad and
Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United
Kingdom of Great Britain and Northern Ireland, United States of America,
Uruguay, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: None.
Abstaining:Cuba, Democratic People's Republic of Korea, Lebanon, Libyan
Arab Jamahiriya, Sri Lanka, Sudan.
17. Statements were made by the representatives of the Democratic People's
Republic of Korea, Mexico, Italy, the Libyan Arab Jamahiriya, Cuba, France
and Japan (see A/C.6/50/SR.46).
III. RECOMMENDATIONS OF THE SIXTH COMMITTEE
18. The Sixth Committee recommends to the General Assembly the adoption of
the following draft resolutions:
DRAFT RESOLUTION I
United Nations Model Rules for the Conciliation of
Disputes between States
The General Assembly,
Considering that conciliation is among the methods for the settlement of
disputes between States enumerated by the Charter of the United Nations in
Article 33, paragraph 1, that it has been provided for in numerous
treaties, bilateral as well as multilateral, for the settlement of such
disputes, and that it has proved its usefulness in practice,
Convinced that the establishment of model rules for the conciliation of
disputes between States which incorporate the results of the most recent
scholarly work and of experience in the field of international
conciliation, as well as a number of innovations which can with advantage
be made in the traditional practice in that area, can contribute to the
development of harmonious relations between States,
1. Commends the Special Committee on the Charter of the United Nations
and on the Strengthening of the Role of the Organization for having
completed the final text of the United Nations Model Rules for the
Conciliation of Disputes between States; Official Records of the General
Assembly, Fiftieth Session, Supplement No. 33 (A/50/33), chap. V, sect. A.
2. Draws to the attention of States the possibility of applying the
Model Rules, the text of which is annexed hereto, whenever a dispute has
arisen between States which it has not been possible to solve through
direct negotiations;
3. Requests the Secretary-General, to the extent possible and in
accordance with the relevant provisions of the Model Rules, to lend his
assistance to the States resorting to conciliation on the basis of those
Rules;
4. Also requests the Secretary-General to make the necessary
arrangements to distribute to Governments the text of the present
resolution, including the annex.
ANNEX
United Nations Model Rules for the Conciliation
of Disputes between States
CHAPTER I
APPLICATION OF THE RULES
Article 1
1. These rules apply to the conciliation of disputes between States where
those States have expressly agreed in writing to their application.
2. The States which agree to apply these rules may at any time, through
mutual agreement, exclude or amend any of their provisions.
CHAPTER II
INITIATION OF THE CONCILIATION PROCEEDINGS
Article 2
1. The conciliation proceedings shall begin as soon as the States
concerned (henceforth: the parties) have agreed in writing to the
application of the present rules, with or without amendments, as well as on
a definition of the subject of the dispute, the number and emoluments of
members of the conciliation commission, its seat and the maximum duration
of the proceedings, as provided in article 24. If necessary, the agreement
shall contain provisions concerning the language or languages in which the
proceedings are to be conducted and the linguistic services required.
2. If the States cannot reach agreement on the definition of the subject
of the dispute, they may by mutual agreement request the assistance of the
Secretary-General of the United Nations to resolve the difficulty. They
may also by mutual agreement request his assistance to resolve any other
difficulty that they may encounter in reaching an agreement on the
modalities of the conciliation proceedings.
CHAPTER III
NUMBER AND APPOINTMENT OF CONCILIATORS
Article 3
There may be three conciliators or five conciliators. In either case the
conciliators shall form a commission.
Article 4
If the parties have agreed that three conciliators shall be appointed,
each one of them shall appoint a conciliator, who may not be of its own
nationality. The parties shall appoint by mutual agreement the third
conciliator, who may not be of the nationality of any of the parties or of
the other conciliators. The third conciliator shall act as president of
the commission. If he is not appointed within two months of the
appointment of the conciliators appointed individually by the parties, the
third conciliator shall be appointed by the Government of a third State
chosen by agreement between the parties or, if such agreement is not
obtained within two months, by the President of the International Court of
Justice. If the President is a national of one of the parties, the
appointment shall be made by the Vice-President or the next member of the
Court in order of seniority who is not a national of the parties. The
third conciliator shall not reside habitually in the territory of the
parties or be or have been in their service.
Article 5
1. If the parties have agreed that five conciliators should be appointed,
each one of them shall appoint a conciliator who may be of its own
nationality. The other three conciliators, one of whom shall be chosen
with a view to his acting as president, shall be appointed by agreement
between the parties from among nationals of third States and shall be of
different nationalities. None of them shall reside habitually in the
territory of the parties or be or have been in their service. None of them
shall have the same nationality as that of the other two conciliators.
2. If the appointment of the conciliators whom the parties are to appoint
jointly has not been effected within three months, they shall be appointed
by the Government of a third State chosen by agreement between the parties
or, if such an agreement is not reached within three months, by the
President of the International Court of Justice. If the President is a
national of one of the parties, the appointment shall be made by the Vice-
President or the next judge in order of seniority who is not a national of
the parties. The Government or member of the International Court of
Justice making the appointment shall also decide which of the three
conciliators shall act as president.
3. If, at the end of the three-month period referred to in the preceding
paragraph, the parties have been able to appoint only one or two
conciliators, the two conciliators or the conciliator still required shall
be appointed in the manner described in the preceding paragraph. If the
parties have not agreed that the conciliator or one of the two conciliators
whom they have appointed shall act as president, the Government or member
of the International Court of Justice appointing the two conciliators or
the conciliator still required shall also decide which of the three
conciliators shall act as president.
4. If, at the end of the three-month period referred to in paragraph 2 of
this article, the parties have appointed three conciliators but have not
been able to agree which of them shall act as president, the president
shall be chosen in the manner described in that paragraph.
Article 6
Vacancies which may occur in the commission as a result of death,
resignation or any other cause shall be filled as soon as possible by the
method established for appointing the members to be replaced.
CHAPTER IV
FUNDAMENTAL PRINCIPLES
Article 7
The commission, acting independently and impartially, shall endeavour to
assist the parties in reaching an amicable settlement of the dispute. If
no settlement is reached during the consideration of the dispute, the
commission may draw up and submit appropriate recommendations to the
parties for consideration.
CHAPTER V
PROCEDURES AND POWERS OF THE COMMISSION
Article 8
The commission shall adopt its own procedure.
Article 9
1. Before the commission begins its work, the parties shall designate
their agents and shall communicate the names of such agents to the
president of the commission. The president shall determine, in agreement
with the parties, the date of the commission's first meeting, to which the
members of the commission and the agents shall be invited.
2. The agents of the parties may be assisted before the commission by
counsel and experts appointed by the parties.
3. Before the first meeting of the commission, its members may meet
informally with the agents of the parties, if necessary, accompanied by the
appointed counsel and experts to deal with administrative and procedural
matters.
Article 10
1. At its first meeting, the commission shall appoint a secretary.
2. The secretary of the commission shall not have the nationality of any
of the parties, shall not reside habitually in their territory and shall
not be or have been in the service of any of them. He may be a United
Nations official if the parties agree with the Secretary-General on the
conditions under which the official will exercise these functions.
Article 11
1. As soon as the information provided by the parties so permits, the
commission, having regard, in particular, to the time-limit laid down in
article 24, shall decide in consultation with the parties whether the
parties should be invited to submit written pleadings and, if so, in what
order and within what time-limits, as well as the dates when, if necessary,
the agents and counsel will be heard. The decisions taken by the
commission in this regard may be amended at any later stage of the
proceedings.
2. Subject to the provisions of article 20, paragraph 1, the commission
shall not allow the agent or counsel of one party to attend a meeting
without having also given the other party the opportunity to be represented
at the same meeting.
Article 12
The parties, acting in good faith, shall facilitate the commission's work
and, in particular, shall provide it to the greatest possible extent with
whatever documents, information and explanations may be relevant.
Article 13
1. The commission may ask the parties for whatever relevant information or
documents, as well as explanations, it deems necessary or useful. It may
also make comments on the arguments advanced as well as the statements or
proposals made by the parties.
2. The commission may accede to any request by a party that persons whose
testimony it considers necessary or useful be heard, or that experts be
consulted.
Article 14
In cases where the parties disagree on issues of fact, the commission may
use all means at its disposal, such as the joint expert advisers mentioned
in article 15, or consultation with experts, to ascertain the facts.
Article 15
The commission may propose to the parties that they jointly appoint
expert advisers to assist it in the consideration of technical aspects of
the dispute. If the proposal is accepted, its implementation shall be
conditional upon the expert advisers being appointed by the parties by
mutual agreement and accepted by the commission and upon the parties fixing
their emoluments.
Article 16
Each party may at any time, at its own initiative or at the initiative of
the commission, make proposals for the settlement of the dispute. Any
proposal made in accordance with this article shall be communicated
immediately to the other party by the president, who may, in so doing,
transmit any comment the commission may wish to make thereon.
Article 17
At any stage of the proceedings, the commission may, at its own
initiative or at the initiative of one of the parties, draw the attention
of the parties to any measures which in its opinion might be advisable or
facilitate a settlement.
Article 18
The commission shall endeavour to take its decisions unanimously but, if
unanimity proves impossible, it may take them by a majority of votes of its
members. Abstentions are not allowed. Except in matters of procedure, the
presence of all members shall be required in order for a decision to be
valid.
Article 19
The commission may, at any time, ask the Secretary-General of the United
Nations for advice or assistance with regard to the administrative or
procedural aspects of its work.
CHAPTER VI
CONCLUSION OF THE CONCILIATION PROCEEDINGS
Article 20
1. On concluding its consideration of the dispute, the commission may, if
full settlement has not been reached, draw up and submit appropriate
recommendations to the parties for consideration. To that end, it may hold
an exchange of views with the agents of the parties, who may be heard
jointly or separately.
2. The recommendations adopted by the commission shall be set forth in a
report communicated by the president of the commission to the agents of the
parties, with a request that the agents inform the commission, within a
given period, whether the parties accept them. The president may include
in the report the reasons which, in the commission's view, might prompt the
parties to accept the recommendations submitted. The commission shall
refrain from presenting in its report any final conclusions with regard to
facts or from ruling formally on issues of law, unless the parties have
jointly asked it to do so.
3. If the parties accept the recommendations submitted by the commission,
a proces-verbal shall be drawn up setting forth the conditions of
acceptance. The proces-verbal shall be signed by the president and the
secretary. A copy thereof signed by the secretary shall be provided to
each party. This shall conclude the proceedings.
4. Should the commission decide not to submit recommendations to the
parties, its decision to that effect shall be recorded in a proces-verbal
signed by the president and the secretary. A copy thereof signed by the
secretary shall be provided to each party. This shall conclude the
proceedings.
Article 21
1. The recommendations of the commission will be submitted to the parties
for consideration in order to facilitate an amicable settlement of the
dispute. The parties undertake to study them in good faith, carefully and
objectively.
2. If one of the parties does not accept the recommendations and the other
party does, it shall inform the latter, in writing, of the reasons why it
could not accept them.
Article 22
1. If the recommendations are not accepted by both parties but the latter
wish efforts to continue in order to reach agreement on different terms,
the proceedings shall be resumed. Article 24 shall apply to the resumed
proceedings, with the relevant time-limit, which the parties may, by mutual
agreement, shorten or extend, running from the commission's first meeting
after resumption of the proceedings.
2. If the recommendations are not accepted by both parties and the latter
do not wish further efforts to be made to reach agreement on different
terms, a proces-verbal signed by the president and the secretary of the
commission shall be drawn up, omitting the proposed terms and indicating
that the parties were unable to accept them and do not wish further efforts
to be made to reach agreement on different terms. The proceedings shall be
concluded when each party has received a copy of the proces-verbal signed
by the secretary.
Article 23
Upon conclusion of the proceedings, the president of the commission
shall, with the prior agreement of the parties, deliver the documents in
the possession of the secretariat of the commission either to the
Secretary-General of the United Nations or to another person or entity
agreed upon by the parties. Without prejudice to the possible application
of article 26, paragraph 2, the confidentiality of the documents shall be
preserved.
Article 24
The commission shall conclude its work within the period agreed upon by
the parties. Any extension of this period shall be agreed upon by the
parties.
CHAPTER VII
CONFIDENTIALITY OF THE COMMISSION'S WORK AND DOCUMENTS
Article 25
1. The commission's meetings shall be closed. The parties and the members
and expert advisers of the commission, the agents and counsel of the
parties, and the secretary and the secretariat staff, shall maintain
strictly the confidentiality of any documents or statements, or any
communication concerning the progress of the proceedings unless their
disclosure has been approved by both parties in advance.
2. Each party shall receive, through the secretary, certified copies of
any minutes of the meetings at which it was represented.
3. Each party shall receive, through the secretary, certified copies of
any documentary evidence received and of experts' reports, records of
investigations and statements by witnesses.
Article 26
1. Except with regard to certified copies referred to in article 25,
paragraph 3, the obligation to respect the confidentiality of the
proceedings and of the deliberations shall remain in effect for the parties
and for members of the commission, expert advisers and secretariat staff
after the proceedings are concluded and shall extend to recommendations and
proposals which have not been accepted.
2. Notwithstanding the foregoing, the parties may, upon conclusion of the
proceedings and by mutual agreement, make available to the public all or
some of the documents that in accordance with the preceding paragraph are
to remain confidential, or authorize the publication of all or some of
those documents.
CHAPTER VIII
OBLIGATION NOT TO ACT IN A MANNER WHICH MIGHT HAVE
AN ADVERSE EFFECT ON THE CONCILIATION
Article 27
The parties shall refrain during the conciliation proceedings from any
measure which might aggravate or widen the dispute. They shall, in
particular, refrain from any measures which might have an adverse effect on
the recommendations submitted by the commission, so long as those
recommendations have not been explicitly rejected by either of the parties.
CHAPTER IX
PRESERVATION OF THE LEGAL POSITION OF THE PARTIES
Article 28
1. Except as the parties may otherwise agree, neither party shall be
entitled in any other proceedings, whether in a court of law or before
arbitrators or before any other body, entity or person, to invoke any views
expressed or statements, admissions or proposals made by the other party in
the conciliation proceedings, but not accepted, or the report of the
commission, the recommendations submitted by the commission or any proposal
made by the commission, unless agreed to by both parties.
2. Acceptance by a party of recommendations submitted by the commission in
no way implies any admission by it of the considerations of law or of fact
which may have inspired the recommendations.
CHAPTER X
COSTS
Article 29
The costs of the conciliation proceedings and the emoluments of expert
advisers appointed in accordance with article 15, shall be borne by the
parties in equal shares.
DRAFT RESOLUTION II
Implementation of Charter provisions related to assistance
to third States affected by the application of sanctions
The General Assembly,
Concerned with the special economic problems confronting certain States
arising from the carrying out of preventive or enforcement measures taken
by the Security Council against other States, and taking into account the
obligation of Members of the United Nations under Article 49 of the Charter
of the United Nations to join in affording mutual assistance in carrying
out the measures decided upon by the Security Council,
Recalling the right of third States confronted with special economic
problems of that nature to consult the Security Council with regard to a
solution to those problems, in accordance with Article 50 of the Charter,
Recalling also the 1994 Official Records of the General Assembly,
Forty-ninth Session, Supplement No. 33 (A/49/33). and 1995 Ibid.,
Fiftieth Session, Supplement No. 33 (A/50/33). reports of the Special
Committee on the Charter of the United Nations and on the Strengthening of
the Role of the Organization containing sections on the consideration by
the Committee of the proposals presented on the question of the
implementation of the provisions of the Charter of the United Nations
related to assistance to third States affected by the application of
sanctions under Chapter VII of the Charter,
Recalling further:
(a) The report of the Secretary-General, entitled "An Agenda for Peace",
A/47/277-S/24111. in particular paragraph 41 thereof;
(b) Its resolutions 47/120 A of 18 December 1992, entitled "An Agenda
for Peace: preventive diplomacy and related matters", and 47/120 B of 20
September 1993, entitled "An Agenda for Peace", in particular section IV
thereof, entitled "Special economic problems arising from the
implementation of preventive or enforcement measures";
(c) The position paper of the Secretary-General, entitled "Supplement to
An Agenda for Peace"; A/50/60-S/1995/1.
(d) The statement of the President of the Security Council of 22
February 1995; S/PRST/1995/9.
(e) The report of the Secretary-General prepared pursuant to the note by
the President of the Security Council S/25036. regarding the question of
special economic problems of States as a result of sanctions imposed under
Chapter VII of the Charter of the United Nations; A/48/573-S/26705.
(f) The reports of the Secretary-General on "Economic assistance to
States affected by the implementation of the Security Council resolutions
imposing sanctions against the Federal Republic of Yugoslavia (Serbia and
Montenegro)", A/49/356 and A/50/423.
Taking note of the report of the Secretary-General on the implementation
of the provisions of the Charter related to assistance to third States
affected by the application of sanctions under Chapter VII of the Charter,
A/50/361.
Recalling that the question of assistance to third States affected by the
application of sanctions has been addressed recently in several forums,
including the General Assembly and its subsidiary organs and the Security
Council,
Recalling also the Security Council's intention expressed in the
statement of the President of the Security Council of 16 December 1994
S/PRST/1994/81. as part of the Council's effort to improve the flow of
information and the exchange of ideas between members of the Council and
other States Members of the United Nations that there should be increased
recourse to open meetings, in particular at an early stage in its
consideration of a subject,
Stressing that in the formulation of sanctions regimes, due account
should be taken of the potential effects of sanctions on third States,
Stressing also in this context the powers of the Security Council under
Chapter VII of the Charter and the Council's principal responsibility under
Article 24 of the Charter for the maintenance of international peace and
security in order to ensure prompt and effective action by the United
Nations,
Recalling that, under Article 31 of the Charter, any Member of the United
Nations which is not a member of the Security Council may participate,
without vote, in the discussion of any question brought before the Security
Council whenever the latter considers that the interests of that Member are
specially affected,
Recognizing that assistance to third States affected by the application
of sanctions would further contribute to an effective and comprehensive
approach by the international community to mandatory sanctions imposed by
the Security Council,
Recognizing also the importance of taking into account in international
mechanisms of cooperation and of economic and financial assistance special
economic problems of States arising from the implementation of sanctions
imposed under Chapter VII of the Charter,
1. Underlines the importance of consultations under Article 50 of the
Charter of the United Nations, as early as possible, with third States
which may be confronted with special economic problems arising from the
carrying out of preventive or enforcement measures imposed by the Security
Council under Chapter VII of the Charter and of early and regular
assessments, as appropriate, of their impact on such States, and, for this
purpose, invites the Security Council to consider appropriate ways and
means for increasing the effectiveness of its working methods and
procedures applied in the consideration of the requests by the affected
countries for assistance, in the context of Article 50;
2. Welcomes the measures taken by the Security Council aimed at
increasing the effectiveness and transparency of the sanctions committees,
and strongly recommends that the Council continue its efforts further to
enhance the functioning of those committees, to streamline their working
procedures and to facilitate access to them by representatives of States
which find themselves confronted with special economic problems arising
from the carrying out of sanctions;
3. Requests the Secretary-General, within existing resources, to ensure
that the Security Council and its sanctions committees are able to carry
out their work expeditiously, and to make appropriate arrangements in the
relevant parts of the Secretariat, in order to carry out, in a coordinated
way, the following functions:
(a) To collate, assess and analyse information, at the request of the
Security Council and its organs, on the effects of sanctions regimes in
third States which are or may be specially affected by the implementations
of sanctions and the resulting needs of such States, and keep the Security
Council and its organs informed;
(b) To provide advice to the Security Council and its organs at their
request on specific needs or problems of those third States and present
possible options so that, while maintaining the effectiveness of the
sanctions regimes, appropriate adjustments may be made to the
administration of the regime or the regime itself with a view to mitigating
the adverse effects on such States;
(c) To collate and coordinate information about international
assistance available to third States affected by the implementations of
sanctions and to make it officially available to the interested member
States;
(d) To explore innovative and practical measures of assistance to the
affected third States through cooperation with relevant institutions and
organizations inside and outside the United Nations system;
4. Requests the Secretary-General to report to the General Assembly, at
its fifty-first session, on the implementation of paragraph 3 and on
possible guidelines which might be adopted on technical procedures to be
used by the appropriate parts of the Secretariat:
(a) For providing better information and early assessments for the
Security Council and its organs about the actual or potential effects of
sanctions on third States which invoke Article 50 of the Charter;
(b) For developing a possible methodology for assessing the consequences
actually incurred by third States as a result of the implementation of
preventive or enforcement measures;
(c) For coordination of information about international economic or
other assistance potentially available to those third States;
5. Stresses the important role of the General Assembly, the Economic and
Social Council and the Committee for Programme and Coordination in
mobilizing and monitoring, as appropriate, the economic assistance efforts
by the international community and the United Nations system to States
confronted with special economic problems arising from the carrying out of
preventive or enforcement measures imposed by the Security Council;
6. Invites the organizations of the United Nations system, international
financial institutions, other international organizations, regional
organizations and States Members to continue to take into account and to
address more specifically and directly, where appropriate, special economic
problems of third States affected by sanctions imposed under Chapter VII of
the Charter and, for this purpose, to consider ways and means for improving
procedures for consultations in order to maintain a constructive dialogue
with such States, including through regular and frequent meetings as well
as, where appropriate, special meetings between the affected third States
and the donor community, with the participation of United Nations agencies
and other international organizations;
7. Requests the Special Committee on the Charter of the United Nations
and on the Strengthening of the Role of the Organization, at its session in
1996, to continue to consider on a priority basis the question of the
implementation of the provisions of the Charter related to assistance to
third States affected by the application of sanctions under Chapter VII of
the Charter taking into consideration the report of the Secretary-General,
10/ the proposals presented on this subject, the debate on this question
which took place in the Sixth Committee at the fiftieth session of the
General Assembly and, in particular, the implementation of the provisions
of the present resolution.
DRAFT RESOLUTION III
Report of the Special Committee on the Charter of
the United Nations and on the Strengthening of
the Role of the Organization
The General Assembly,
Recalling its resolution 3499 (XXX) of 15 December 1975, by which it
established the Special Committee on the Charter of the United Nations and
on the Strengthening of the Role of the Organization, and its relevant
resolutions adopted at subsequent sessions,
Recalling also its resolution 47/233 of 17 August 1993 on the
revitalization of the work of the General Assembly,
Recalling further its resolution 47/62 of 11 December 1992 on the
question of equitable representation on and increase in the membership of
the Security Council,
Bearing in mind the provisions of its resolution 50/__ [draft resolution
A/C.6/50/L.6/Rev.1] of __________,
Conscious of the ongoing discussion in the open-ended working groups of
the General Assembly dealing with the various aspects of the
revitalization, strengthening and reform of the work of the United Nations,
Welcoming the report of the Open-ended Working Group on the Question of
Equitable Representation on and Increase in the Membership of the Security
Council and Other Matters Related to the Security Council, Official
Records of the General Assembly, Forty-ninth Session, Supplement No. 47
(A/49/47).
Bearing in mind the reports of the Secretary-General on the work of the
Organization submitted to the General Assembly at its thirty-seventh,
Ibid., Thirty-seventh Session, Supplement No. 1 (A/37/1). thirty-ninth,
Ibid., Thirty-ninth Session, Supplement No. 1 (A/39/1). fortieth, Ibid.,
Fortieth Session, Supplement No. 1 (A/40/1). forty-first, Ibid., Forty-
first Session, Supplement No. 1 (A/41/1). forty-second, Ibid., Forty-
second Session, Supplement No. 1 (A/42/1).
forty-third, Ibid., Forty-third Session, Supplement No. 1 (A/43/1).
forty-fourth, Ibid., Forty-fourth Session, Supplement No. 1 (A/44/1).
forty-fifth, Ibid., Forty-fifth Session, Supplement No. 1 (A/45/1).
forty-sixth, Ibid., Forty-sixth Session, Supplement No. 1 (A/46/1).
forty-seventh, Ibid., Forty-seventh Session, Supplement No. 1 (A/47/1).
forty-eighth, Ibid., Forty-eighth Session, Supplement No. 1 (A/48/1).
forty-ninth Ibid., Forty-ninth Session, Supplement No. 1 (A/49/1). and
fiftieth Ibid., Fiftieth Session, Supplement No. 1 (A/50/1). sessions, as
well as the views and comments expressed on them by Member States,
Recalling the elements relevant to the work of the Special Committee
contained in its resolution 47/120 B of 20 September 1993,
Mindful of the desirability for the Special Committee to carry out
further work in the fields of the maintenance of international peace and
security and the peaceful settlement of disputes between States,
Recalling its resolution 49/58 of 9 December 1994,
Having considered the report of the Special Committee on the work of its
session held in 1995, Ibid., Supplement No. 33 (A/50/33).
Taking note of the recommendation of the Special Committee on the most
appropriate legal action to be taken on the question of the deletion of the
"enemy State" clauses from Articles 53, 77 and 107 of the Charter of the
United Nations, Ibid., para. 65.
Recognizing that, having regard to the substantial changes that have
taken place in the world, the "enemy State" clauses in Articles 53, 77 and
107 of the Charter of the United Nations have become obsolete,
Noting that the States to which those clauses were directed are Members
of the United Nations and represent a valuable asset in all the endeavours
of the Organization,
Taking into account the complex process involved in amending the Charter,
1. Takes note of the report of the Special Committee on the Charter of
the United Nations and on the Strengthening of the Role of the
Organization; 29/
2. Decides that the Special Committee will hold its next session from 21
February to 5 March 1996;
3. Expresses its intention to initiate the procedure set out in Article
108 of the Charter of the United Nations to amend the Charter, with
prospective effect, by the deletion of the "enemy State" clauses from
Articles 53, 77 and 107 at its earliest appropriate future session;
4. Requests the Special Committee, at its session in 1996, in accordance
with the provisions of paragraph 5 below:
(a) To accord appropriate time for the consideration of all proposals
concerning the question of the maintenance of international peace and
security in all its aspects in order to strengthen the role of the United
Nations and, in this context, to consider other proposals relating to the
maintenance of international peace and security already submitted or which
might be submitted to the Special Committee at its session in 1996,
including the proposal on the strengthening of the role of the Organization
and enhancing its effectiveness and the revised proposal submitted with a
view to enhancing the effectiveness of the Security Council in regard to
the maintenance of international peace and security, and to consider
recommending to the General Assembly the desired priorities for its further
consideration;
(b) To continue to consider on a priority basis the question of the
implementation of the provisions of the Charter related to assistance to
third States affected by the application of sanctions under Chapter VII of
the Charter, taking into consideration the report of the Secretary-General,
A/50/361. the proposals presented on this subject, the debate on this
question which took place in the Sixth Committee at the fiftieth session of
the General Assembly and, in particular, the implementation of the
provisions of General Assembly resolution 50/__ [draft resolution
A/C.6/50/L.13] of ________;
(c) To continue its work on the question of the peaceful settlement of
disputes between States, and in this context to continue its consideration
of proposals relating to the peaceful settlement of disputes between
States, including the proposal on the establishment of a dispute settlement
service offering or responding with its services early in disputes and
those proposals relating to the enhancement of the role of the
International Court of Justice;
(d) To continue its consideration of the question of the enhancement of
cooperation between the United Nations and regional arrangements or
agencies in the maintenance of international peace and security;
(e) To consider proposals concerning the Trusteeship Council;
(f) To consider the status of the Repertory of Practice of United
Nations Organs and the Repertoire of the Practice of the Security Council;
See A/C.6/50/SR.44.
5. Decides that the Special Committee shall henceforth be open to all
States Members of the United Nations and that it will continue to operate
on the basis of the practice of consensus;
6. Decides also that the Special Committee shall be authorized to accept
the participation of observers of States other than States Members of the
United Nations which are members of specialized agencies or of the
International Atomic Energy Agency in its meetings, and further decides to
invite intergovernmental organizations to participate in the debate in the
plenary meetings of the Committee on specific items where it considers that
such participation would assist in the work;
7. Invites the Special Committee at its session in 1996 to identify new
subjects for consideration in its future work with a view to contributing
to the revitalization of the work of the United Nations, and to discuss how
to offer its assistance to the working groups of the General Assembly in
this field;
8. Requests the Special Committee to submit a report on its work to the
General Assembly at the fifty-first session;
9. Decides to include in the provisional agenda of its fifty-first
session the item entitled "Report of the Special Committee on the Charter
of the United Nations and on the Strengthening of the Role of the
Organization".
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