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Sixth Committee (Legal) — 74th session

Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Agenda item 82)

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Documentation

Summary of work

Background (source: )

The item entitled “Need to consider suggestions regarding the review of the Charter of the United Nations” was included in the agenda of the twenty-fourth session of the General Assembly at the request of Colombia (). The Assembly had the item on its agenda biennially at its twenty-fifth to twenty-ninth sessions (resolutions?,??and?).

At its twenty-ninth session, under the item entitled “Need to consider suggestions regarding the review of the Charter of the United Nations”, the Assembly decided to establish an Ad Hoc Committee on the Charter of the United Nations to consider any specific proposals that Governments might make with a view to enhancing the ability of the United Nations to achieve its purposes, as well as other suggestions for the more effective functioning of the United Nations that might not require amendments to the Charter (resolution 3349 (XXIX)).

The item entitled “Strengthening of the role of the United Nations with regard to the maintenance and consolidation of international peace and security, the development of cooperation among all nations and the promotion of the rules of international law in relations between States” was included in the agenda of the twenty-seventh session of the Assembly at the request of Romania (). The Assembly had the item on its agenda annually at its twenty-seventh to twenty-ninth sessions (resolutions?,? and?).

At its thirtieth session, under the item “Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization”, the Assembly decided to reconvene the Ad Hoc Committee on the Charter of the United Nations as the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization to examine suggestions and proposals regarding the Charter and the strengthening of the role of the United Nations with regard to the maintenance and consolidation of international peace and security, the development of cooperation among all nations and the promotion of the rules of international law. The Assembly also decided that the Special Committee should submit an annual report to the Assembly (resolution ).

The Assembly has had 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” on its agenda annually since its thirty-first session (resolutions , , , , , , , , , A and B, , , , , , , , , , , , , , , to , , , to , , , to , , , , , to , , , , , , , , , , , , , , , , , , , , and ).

At its seventy-third session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 31 delegations (see and . The Assembly decided that the Special Committee would hold its next session from 19 to 27 February 2019, and requested the Special Committee to submit a report on its work to the Assembly at its seventy-fourth session. The Assembly also requested the Secretary-General to submit to the Assembly at its seventy-fourth session a report on both the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council and a report on the implementation of the provisions of the Charter related to assistance to third States affected by the application of sanctions (resolution ).

The Special Committee met at United Nations Headquarters from 19 to 27 February 2019 and adopted its report ().

Consideration at the seventy-fourth session

The Sixth Committee considered the item at its 17th, 18th, 19th, and 35th meetings, on 17 and 18 October and on 20 November 2019, respectively (see , ,  and ).

The Chair of the 2019 session of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization introduced the report of the Special Committee ().The Senior Political Affairs Officer, Officer-in-Charge, Security Council Practices and Charter Research Branch, Department of Political and Peacebuilding Affairs made a statement on the status of the Repertoire of the Practice of the Security Council, while the Director of the Codification Division of the Office of Legal Affairs made a statement on the status of the .

Statements were made by the representatives of the Islamic Republic of Iran (on behalf of the Non-Aligned Movement (NAM)), the European Union [in English] (also on behalf of its Member States (the candidate countries the Republic of North Macedonia, Montenegro and Albania, the country of the Stabilization and Association Process and potential candidate Bosnia and Herzegovina, as well as Ukraine, the Republic of Moldova and Georgia aligned themselves with the statement)), Ukraine (also on behalf of Georgia and the Republic of Moldova), Cuba [in English], Belarus, China [in English], the Philippines, Ghana, Sudan, Qatar, Morocco, Democratic People’s Republic of Korea, Mauritius, Mexico, Nicaragua, El Salvador, the Republic of Korea, United States of America, Russian Federation, Libya, India, Venezuela (Bolivarian Republic of), Armenia, Oman, Niger, Bangladesh, Algeria, Azerbaijan, Egypt, Nepal, Islamic Republic of Iran, Argentina, Syrian Arab Republic and Pakistan. The representatives of Japan, Democratic People’s Republic of Korea, Armenia, Turkey, Azerbaijan and the Syrian Arab Republic made statements in the exercise of the right of reply.

Several delegations emphasized the importance of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization and encouraged it to strike an appropriate balance between the main organs of the United Nations, in particular the General Assembly, the Economic and Social Council and the Security Council. Some delegations also called for Security Council reform. 

In the context of the maintenance of international peace and security, several delegations expressed concern over sanctions imposed by the Security Council. Some delegations submitted that sanctions must not violate international law, in particular international human rights and humanitarian law, while others stressed that the objectives of sanctions should be clearly defined. Other delegations noted that the move to targeted sanctions had addressed many of the concerns.

A number of delegations expressed appreciation for the briefing given by the Secretariat on the document "Introduction and implementation of sanctions imposed by the United Nations” annexed to General Assembly resolution  of 16 December 2009. The Secretariat was requested to provide more information on the perceived objective assessments of the short-term and long-term socio-economic and humanitarian consequences of sanctions, including their effects on third states.

Some delegations encouraged further discussions of various proposals before the Committee, including proposals by Libya, Belarus and the Russian Federation, and Cuba. Other delegations considered these proposals duplicative of efforts conducted elsewhere in the United Nations.

Support was generally expressed for the further revised working paper by Ghana on strengthening the relationship and cooperation between the United Nations and regional arrangements or agencies in the peaceful settlement of disputes. Interest was also expressed by some delegations in the proposal by Mexico for the Special Committee to consider the substantive and procedural aspects of Article 51 of the Charter relating to the right to self-defence, and Mexico was encouraged to present a written proposal for consideration, while others questioned whether the Special Committee would be the competent forum to address the issues raised.

With respect to the peaceful settlement of disputes, some delegations recognized the central role of the International Court of Justice, while others made reference to Chapter VI, especially Articles 33 and 34, of the Charter, concerning the pacific settlement of disputes.

Delegations welcomed the progress made by the Secretariat in the preparation of the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council. Some delegations called for further efforts to eliminate the Repertory backlog, and others stressed the need to make the publications available in all official languages of the Organization.

Some delegations called upon the Special Committee to reconsider the duration and frequency of its sessions, while others did not see merit in such an exercise. Delegations were urged to engage in meaningful discussion on all items on the agenda of the Special Committee. It was also suggested that the Special Committee should review the relevance of those agenda items and their potential for duplication as well as focus on considering new subjects. There was also support for the current agenda as it stood.

Action taken by the Sixth Committee

At the 35th meeting, on 20 November, the representative of Ethiopia, on behalf of the Bureau, introduced a draft resolution entitled “Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization” (). At the same meeting, the Committee adopted draft resolution A/C.6/74/L.12 without a vote.

The representative of Armenia spoke in explanation of position prior to action on the draft resolution. The representative of Azerbaijan spoke in explanation of position after the adoption of the draft resolution.

Under the terms of the draft resolution, the Assembly would, inter alia, request the Special Committee to consider the question of the maintenance of international peace and security in all its aspects, and to keep on its agenda the question of the peaceful settlement of disputes between States. Moreover, it would recall its decision to undertake an annual thematic debate in the Special Committee to discuss the means for the settlement of disputes, and invite Member States to focus their comments at the next session of the Special Committee on the subtopic “Exchange of information on State practices regarding the use of conciliation”. It would further recall its endorsement of the decisions and recommendations adopted by the Special Committee at its 2016 session, in particular as set forth in paragraphs 2 and 3 of the annex to resolution , and request the Secretary-General to submit to the Assembly at its seventy-sixth session a report on the implementation of the provisions of the Charter related to assistance to third States affected by the application of sanctions.

Subsequent action taken by the General Assembly

This agenda item will be considered at the seventy-fifth session (2020).

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