11 October 2012
Statement by H.E. Mr. Eshagh Al Habib Ambassador and
Deputy Permanent Representative of the Islamic Republic of Iran
on behalf of the Non-Aligned Movement
before the Sixth Committee
67th Session of the United Nations General Assembly
on Agenda Item 82:
“Report of the Special Committee on the Charter of the
United Nations and on the Strengthening of the Role of the Organization”
New York, 11 October 2012
I have the honour to deliver this statement on behalf of the Non-Aligned Movement.
The Non-Aligned Movement continues to attach great importance to the work of the Special Committee of the Charter of the United Nations and on the Strengthening of the Role of the Organization and considers that it should play a key role in the current reform process of the United Nations, as mandated in Resolution 3499(XXX) of 15 December 1975.
The Non-Aligned Movement is of the view that the United Nations is the central and indispensable forum for addressing issues relating to international cooperation, economic development and social progress, peace and security, human rights and the rule of law, based on dialogue, cooperation and consensus-building amongst States. In this context, the Movement attaches high importance to the strengthening of the role of the United Nations and recognizes the efforts taken to develop its full potential.
Important elements in the United Nations’ reform process are the democratization of its principal organs and respect for the General Assembly’s role and authority, including questions related to international peace and security. The General Assembly remains as the chief deliberative, policy-making and representative organ of the United Nations, and its intergovernmental and democratic character, as well as its subsidiary bodies, have contributed extensively to promote the purposes and principles of the United Nations Charter and the Organization’s objectives.
The Non-Aligned Movement reiterates its concern over the continuing encroachment by the Security Council on the functions and powers of the General Assembly and those of the Economic and Social Council through addressing issues which fall within the competence of the latter organs, and the attempts to enter areas of norm-setting and establishing definitions which fall within the purview of the General Assembly.
The Non-Aligned Movement reaffirms that the reform of the Organization should be carried out in accordance with the principles and procedures established by the Charter of the United Nations and preserve the legal framework of this constitutional instrument. For this purpose, the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the organization can contribute to the examination of the legal matters in this process. In this regard, the NAM notes that it is important that the Special Committee continues to study the legal nature of the implementation of Chapter IV of the Charter, particularly its Articles 10, 11, 12, 13 and 14 dealing with the functions and powers of the General Assembly.
The Security Council-imposed sanctions still remain an issue of serious concern to the Member Countries of the Non-Aligned Movement. It is the Movement’s view that the imposition of sanctions should be considered as a last resort. Sanctions may be imposed only when there exists a threat to international peace and security or an act of aggression, in accordance with the Charter. They are not applicable as a preventive measure in any and all instances of violation of international law, norms or standards.
Sanctions are blunt instruments the use of which raises fundamental ethical questions of whether sufferings inflicted on vulnerable groups in the target country are legitimate means of exerting political pressure. The objectives of sanctions are not to punish or otherwise exact retribution on the populace.
In this regard, the objectives of sanctions regimes should be clearly defined, based on tenable legal grounds, and their imposition should be for a specified timeframe. It should be lifted as soon as the objectives are achieved. The conditions demanded of the State or party on which sanctions are imposed should be clearly defined and be subject to periodic review.
The General Assembly resolution A/64/115 took note in its annex the document on “Introduction and implementation of sanctions imposed by the United Nations.” The Non-Aligned Movement looks forward to the Security Council using the Annex as a reference to guide its future work.
The Movement considers that it is also important to consider other aspects concerning Sanctions raised in other proposals that are currently in the agenda of the Special Committee, including the issue of compensation.
The Committee has before it important proposals which need to be urgently debated and analyzed. The Movement looks forward to engaging in such deliberations with the view to contributing to the advancement of these proposals.
The Movement recalls the new subjects proposed at previous sessions of the Special Committee under “Identification of new subjects”, and calls for their meaningful consideration. The Movement recalls further that fruitful discussions were held on the proposal made by the delegation of the Bolivarian Republic of Venezuela during the 2012 session of the Special Committee and looks forward to further deliberations on this proposal.
The Movement takes note of the progress made by the Secretariat since the last report in updating the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council, and reiterates the importance of reducing backlogs on Volume III for supplements 7, 8, 9 and 10, as well.
And finally, as this year is the 30th anniversary of the Manila Declaration on the Peaceful Settlement of International Disputes, adopted by the General Assembly on 15 November 1982 – initiated by some NAM member countries and on the basis of text prepared by the Special Committee, the Movement seizes this opportunity to highlight once again the continued importance of this Declaration as a concrete accomplishment of the Special Committee. Building upon and promoting general international law, the Charter of the United Nations, in particular its Article 33, and other instruments, the Manila Declaration marks the first time a normative text developed a comprehensive plan and consolidates a legal framework of peaceful settlement of international disputes. The Movement supports the efforts to commemorate the Declaration’s anniversary, in particular, the draft resolution that the Special Committee approved on the commemoration of the Manila Declaration.
I thank you