United Nations

A/RES/51/208


General Assembly

Distr. GENERAL  

16 January 1997

ORIGINAL:
ENGLISH



Fifty-first session
Agenda item 150


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

               [on the report of the Sixth Committee (A/51/630)]


            51/208.  Implementation of the provisions of the
                     Charter of the United Nations related to
                     assistance to third States affected by
                     the application of sanctions

      The General Assembly,

      Concerned about 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 of those problems, in accordance with Article 50
of the Charter,

      Recognizing the desirability of the consideration of further
appropriate procedures for consultations to deal in a more effective
manner with the problems referred to in Article 50 of the Charter,

      Recalling:

      (a)   The report of the Secretary-General entitled "An Agenda for
Peace", 1/ in particular paragraph 41 thereof;

      (b)   Its resolution 47/120 A of 18 December 1992, entitled "An
Agenda for Peace:  preventive diplomacy and related matters", and its
resolution 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"; 2/

      (d)   The statement by the President of the Security Council of
22 February 1995; 3/

      (e)   The report of the Secretary-General 4/ prepared pursuant to
the note by the President of the Security Council 5/ regarding the
question of special economic problems of States as a result of
sanctions imposed under Chapter VII of the Charter;

      (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); 6/

      (g)   The 1994, 7/ 1995 8/ and 1996 9/ 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 submitted on 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;

      (h)   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, 10/

      Taking note of the report of the Secretary-General submitted in
accordance with General Assembly resolution 50/51 of
11 December 1995, 11/

      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 measures taken by the Security Council in
accordance with the statement by the President of the Security Council
of 16 December 1994 12/ that 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,
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 primary
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 the imposition of sanctions under Chapter VII
has been causing special economic problems in third States,

      Recognizing also 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 sanctions
imposed by the Security Council,

      Recognizing further that the international community at large
and, in particular, international institutions involved in providing
economic and financial assistance should continue to take into account
and address in a more effective manner the special economic problems
of affected third States arising from the carrying out of preventive
or enforcement measures taken by the Security Council under
Chapter VII of the Charter, in view of their magnitude and of the
adverse impact on the economy of those States,

      Recalling the provisions of resolution 50/51,

      1.    Underlines the importance of consultations under Article 50
of the Charter of the United Nations, as early as possible, with third
States which are or 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;

      2.    Invites the Security Council to consider the establishment
of further mechanisms or procedures, as appropriate, for such
consultations with regard to a solution of those problems, including
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 of the Charter;

      3.    Welcomes the further measures taken by the Security Council
since the adoption of General Assembly resolution 50/51 and 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;

      4.    Requests the Secretary-General to ensure that the competent
units within the Secretariat that he designated to carry out the
functions stipulated in paragraph 3 of resolution 50/51 develop the
capacity and modalities for providing better information and early
assessments for the Security Council and its organs, at their request,
about actual or potential effects of sanctions on third States which
invoke Article 50 of the Charter; such assessments should, as
appropriate, identify specific problems and needs of those States and
suggest specific ways and means for their alleviation to be included
in the recommendations of the Council and appeals by the Secretary-
General to the donor community for assistance to the adversely
affected States;

      5.    Also requests the Secretary-General to continue, on the
basis of the work already done, efforts with a view to developing a
possible methodology for assessing the adverse consequences actually
incurred by third States as a result of preventive or enforcement
measures, and to utilize for this purpose all the expertise available
throughout the United Nations system, including that of the
international financial and trade institutions; that methodology, upon
appropriate approval, should be made available to interested States
which may wish to use it in preparing the data to be annexed to their
applications under Article 50, as well as to the United Nations
system, the international financial institutions and the donor
community for use in considering requests for assistance;

      6.    Further requests the Secretary-General to continue, on a
regular basis, to collate and coordinate information about
international assistance available to third States affected by the
implementation of sanctions and to initiate action to explore
innovative and practical measures of assistance to the affected third
States, inter alia, through cooperation with relevant institutions and
organizations inside and outside the United Nations system;

      7.    Reaffirms 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 and, as appropriate, in
identifying solutions to the special economic problems of those
States;

      8.    Invites the organizations of the United Nations system,
international financial institutions, other international
organizations, regional organizations and Member States to continue 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
improving procedures for consultations 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;

      9.    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 1997, 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
all the related reports of the Secretary-General, the proposals
submitted on this subject, the debate on this question which took
place in the Sixth Committee at the fifty-first session of the General
Assembly and the debate in the sub-group on sanctions of the Open-
ended Working Group on an Agenda for Peace during the fiftieth session
of the General Assembly, and also the implementation of the provisions
of the present resolution;

      10.   Requests the Secretary-General to submit a report on the
implementation of the present resolution to the General Assembly at
its fifty-second session.


                                                          88th plenary meeting
                                                              17 December 1996


                                     Notes

1/    A/47/277-S/24111; see Official Records of the Security Council,
Forty-seventh Year, Supplement for April, May and June 1992, document S/24111.

2/    A/50/60-S/1995/1; see Official Records of the Security Council Fiftieth
Year, Supplement for January, February and March 1995, document S/1995/1.

3/    See Official Records of the Security Council, Fiftieth Year, Resolutions
and Decisions of the Security Council, 1995, document S/PRST/1995/9.

4/    A/48/573-S/26705; see Official Records of the Security Council,
Forty-eighth Year, Supplement for October, November and December 1993,
document S/26705.

5/    See Official Records of the Security Council, Forty-seventh Year,
Supplement for October, November and December 1992, S/25036.

6/    A/49/356, A/50/423 and A/51/356.

7/    Official Records of the General Assembly, Forty-ninth Session,
Supplement No. 33 (A/49/33).

8/    Ibid., Fiftieth Session, Supplement No. 33 (A/50/33).

9/    Ibid., Fifty-first Session, Supplement No. 33 (A/51/33).

10/   A/50/361.

11/   A/51/317.

12/   See Official Records of the Security Council, Forty-ninth Year,
Resolutions and Decisions of the Security Council, 1994, document
S/PRST/1994/81.

 

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