UN: EU Statement on the Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organisation

UN General Assembly, 61st Session; VI Committee, Agenda Item 79: Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organisation, New York, 16 October 2006

Statement by Ms. Anna Sotaniemi, Legal Adviser, Permanent Mission of Finland to the United Nations, on behalf of the European Union

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Mr. Chairman,

I have the honour to speak on behalf of the European Union.

The Acceding Countries Bulgaria and Romania, the Candidate Countries Turkey, Croatia* and the former Yugoslav Republic of Macedonia*, the countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, Serbia, and the EFTA countries Iceland and Norway, members of the European Economic Area, as well as Ukraine and the Republic of Moldova align themselves with this declaration.

* Croatia and the former Yugoslav Republic of Macedonia continue to be part of the Stabilisation and Association Process.

Mr. Chairman,

Let me first congratulate Ambassador Somoza of Nicaragua for presenting the report of the Special Committee. Under Ambassador Somoza's leadership, the Committee produced a draft resolution relating to the International Court of Justice, and adopted a decision on working methods of the Committee.

The Special Committee has also retained several proposals on it's agenda relating to the maintenance of international peace and security, as well as proposals concerning the Trusteeship Council, the repertory and repertoire of the practice of the UN Organs and the Security Council, respectively.

Mr. Chairman,

In regards to the Committee's agenda item on international peace and security, the EU remains convinced that the use of targeted sanctions is a critical tool in maintaining or restoring international peace and security. Sanctions need to be designed with care, and with due regard to legal safeguards, as well as to the minimalisation of their adverse impact on third parties, with a view to upholding their credibility and efficiency.

The European Union finds it very important to continue the ongoing discussions in the UN system and elsewhere relating to the development of the sanctions regimes. It has been widely acknowledged that sanctions regimes should be under constant review in order to improve their credibility and efficiency. In this regard, it is particularly important to ensure that fair and clear procedures exist for placing individuals and entities on sanctions lists, and for removing them.

The EU welcomed the Security Council open debate in June under the Danish Presidency on the strengthening of international law, which also recognised the need to enhance efficiency and credibility of UN sanctions regimes. In this regard, the EU has noted the practical progress achieved by the 1267 Committee in improving the sanctions regime, in particular by adopting in July of a standard cover sheet for listing proposals.

The EU encourages the 1267 Committee, with the support of the Analytical Support and Sanctions Monitoring Team, to continue its efforts in developing the Committee's guidelines, including listing and de-listing procedures. The EU notes with satisfaction that the above issues are high on the Committee's agenda. In this context, the European Union welcomes the proposal by France and the United States and looks forward to continue the discussions on the de-listing procedure. The envisaged mechanism will enable individuals to forward their request for delisting to a focal point within the UN Secretariat. Likewise, the EU welcomes the input from the Secretary-General.

We would also like to highlight the work that has been done outside the UN in this respect, particularly the study on "Strengthening Targeted Sanctions through Clear and Fair Procedures," sponsored by two EU Member States, and the recent EU-US joint workshop focusing on transparency and fairness in listing and de-listing.

The EU appreciates the different proposals in the Committee relating to sanctions, but continues to hold the view that the Special Committee should avoid duplicating the work that has been assigned and is done elsewhere. We thus call upon the Committee to conclude its work on this issue as a matter of urgency.

Mr. Chairman,

The European Union welcomes the Committee's draft resolution on the commemoration of the 60th anniversary of the International Court of Justice. The EU reaffirms its strong support for the Court as the principal judicial organ of the United Nations and acknowledges its contribution to the peaceful settlement of numerous disputes between States. In this context, the European Union recalls the recommendation in the 2005 Summit Outcome Document that States that have not yet done so consider accepting the jurisdiction of the Court in accordance with its Statute.

Relating to the Committee's agenda item on maintenance of international peace and security, the European Union maintains the view that the Committee should refrain from seeking an advisory opinion concerning the use of force from the court. 

Mr. Chairman,

The European Union notes with appreciation the progress made by the Secretary-General in preparing the studies of the repertory of Practice of United Nations Organs, as well as updating the repertoire of the Practice of the Security Council. The EU particularly supports the early introduction of the publications to the web site. The European Union encourages the Secretariat to further strengthen the work of the inter-departmental Committee and increase co-operation with academic institutions to further enhance the preparation of the Repertory. The EU recalls the two trust funds established to facilitate the preparation of the publications and encourages the Member States to make additional contributions.

Mr. Chairman,

As to the proposals concerning the Trusteeship Council on the agenda of the Committee, the EU notes that the World Summit endorsed the deletion of Chapter XIII of the UN Charter relating to the Trusteeship Council, as well as references thereto in Chapter XII, bearing in mind that the Trusteeship Council no longer meets and has no remaining functions. The EU recognises that the Summit's recommendation should be implemented in due time. 

Finally Mr. Chairman,

The European Union welcomes the adoption by the Committee of the paper on the working methods of the Committee. We wish to thank Japan, as well as other co-sponsors, the Republic of Korea, Thailand, Uganda and Australia for their persistent efforts during the past six years. The EU certainly would have favoured more vigorous steps. With many items lingering on the agenda of the Committee for many years without any action being taken, it seems clear to us that the Committee must improve its working methods further. The proposal that came up during the mandate review to discontinue the annual meetings of Committee is a clear signal for change. The European Union expresses some caution at this stage about the adoption of new items to the Special Committee's agenda.

I thank you.