Sixth Committee (Legal) — 76th 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 84)
- Authority:
Documentation
- ?— 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 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
- — Report of the Secretary-General on the Repertory of Practice of United Nations Organs and Repertoire of the Practice of the Security Council
- — Draft resolution "Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization"
- — Draft resolution "Fortieth anniversary of the Manila Declaration on the Peaceful Settlement of International Disputes"
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 ).
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-fifth session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 25 delegations (see , , and ). The Assembly decided that the Special Committee would hold its next session from 16 to 24 February 2021, and requested the Special Committee to submit a report on its work to the Assembly at its seventy-sixth session. The Assembly also requested the Secretary-General to submit to it at its seventy-sixth 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 16 to 24 February 2021 and adopted its report ().
Consideration at the seventy-sixth session
The Sixth Committee considered the item at its 25th, 26th, 28th and 29th meetings, on 3, 4, 10 and 18 November 2021, respectively (see , , and ).
The Chair of the 2021 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 Director of the Codification Division of the Office of Legal Affairs made a statement [in English] on the status [in English] of the Repertory of Practice of United Nations Organs, while the Senior Political Affairs Officer, Security Council Practices and Charter Research Branch of the Department of Political and Peacebuilding Affairs made a statement on the status of the Repertoire of the Practice of the Security Council.
Statements were made by the representatives of the Islamic Republic of Iran (on behalf of the Non-Aligned Movement), the European Union (also on behalf of its member States (the candidate countries North Macedonia, Montenegro, Albania, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, as well as Ukraine, the Republic of Moldova and Georgia, aligned themselves with the statement)), the Bolivarian Republic of Venezuela [in English] (on behalf of the Group of friends in defense of the Charter of the United Nations), Georgia (also on behalf of Ukraine and the Republic of Moldova), the Islamic Republic of Iran, Cuba, the Philippines, Morocco (on behalf of the African Group), Egypt, Colombia, Qatar, the United States of America, El Salvador, Mexico, India, Ethiopia, Haiti, the Russian Federation, Equatorial Guinea, the Democratic People's Republic of Korea, Zimbabwe, the Syrian Arab Republic, Niger, the Republic of Korea, China, Morocco, Nicaragua, and Ghana.
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. Some delegations encouraged 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. In this regard, several delegations called for Security Council reform and expressed concern about the Council’s encroachment on the role of the General Assembly. Several delegations recognized the significance of the Manila Declaration on the Peaceful Settlement of International Disputes of 1982.
In the context of the maintenance of international peace and security, several delegations expressed concern over sanctions imposed by the Security Council, underscoring that they should be employed only as a last resort and in accordance with the Charter of the United Nations and other rules of international law, in particular those relating to human rights, refugee and international humanitarian law. In this regard, it was expressed that the objectives of sanctions should be clearly defined and that sanctions should be limited to a specified timeframe, with clear conditions for the imposition and lifting of sanctions and subject to periodical review. Some delegations also voiced concern about the use of unilateral coercive measures. Others characterized targeted sanctions as an important instrument for the maintenance of international peace and security.
The relevance of the document "Introduction and implementation of sanctions imposed by the United Nations” annexed to General Assembly resolution of 16 December 2009 was reiterated. Delegations welcomed the regular briefings by the Secretariat on this document. At the same time, 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.
Some delegations encouraged further discussions of various proposals before the Committee, including proposals by Libya, Belarus and the Russian Federation, Cuba, Iran and the Syrian Arab Republic. Support was 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 and also for the proposal of the Russian Federation regarding establishing a website and updating the Handbook on 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.
Delegations highlighted the importance of the peaceful settlement of disputes. In this regard, the central role of the International Court of Justice was highlighted. Some delegations made reference to Chapter VI, especially Articles 33 and 34, of the Charter, concerning the pacific settlement of disputes, and to the Friendly Relations Declaration. It was also emphasized that that rulings of international tribunals should be respected.
Some delegations noted the fortieth anniversary of the Manila Declaration of the Peaceful Settlement of International Disputes and welcomed the proposals to commemorate its contribution to the peaceful settlement of disputes.
Delegations also highlighted the importance of the annual thematic debate on the means for the settlement of disputes, which this year focused on the use of arbitration, and welcomed the opportunity to discuss in the 2022 session of the Special Committee the subtopic “Exchange of information on State practices regarding the use of judicial settlement”.
Delegations expressed appreciation for 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 and for its efforts to reduce the backlog. 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.
Delegations were urged to engage in meaningful discussion on all items and proposals on the agenda of the Special Committee. At the same time, several delegations called for review of the Special Committee’s agenda and working methods. It was also suggested that the topics on the agenda of the Special Committee should not duplicate efforts or prejudice discussions in other fora, while others expressed their support for consideration of new proposals.
Archived videos and summaries of plenary meetings
(3 November 2021, 3:00pm – 6:00pm) | Summary
(4 November 2021, 10:00am – 1:00pm) | Summary
(10 November 2021, 3:00pm – 6:00pm) | Summary
(18 November 2021, 10:00am – 1:00pm) | Summary
Action taken by the Sixth Committee
At the 28th meeting, on 10 November, the representative of Egypt, 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 representative of Philippines, on behalf of the Bureau, introduced a draft resolution entitled “Fortieth anniversary of the Manila Declaration on the Peaceful Settlement of International Disputes” ().
At the 29th meeting, on 18 November, the Committee adopted draft resolutions and , without a vote.
Under the terms of draft resolution , the Assembly would, inter alia, request the Special Committee to continue its consideration of the questions of the maintenance of international peace and security, to keep on its agenda the question of the peaceful settlement of disputes between States and to consider any proposal referred by the General Assembly in the implementation of the decisions of the high-level plenary meeting of the sixtieth session of the Assembly that concern the Charter and any amendments thereto. Moreover, it would decide 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 judicial settlement”.
Under the terms of draft resolution , the Assembly would reiterate its call to all States to observe and promote in good faith the Manila Declaration on the Peaceful Settlement of International Disputes in the peaceful settlement of their international disputes, and encourage the United Nations and all Member States to commemorate the fortieth anniversary of the adoption of the Manila Declaration through appropriate activities.
Subsequent action taken by the General Assembly
- Report of the Sixth Committee:
- GA resolutions: |
This agenda item will be considered at the seventy-seventh session (2022).
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