19 February 2013

Statement by Mr. Hossein Gharibi Representative of the Islamic Republic of Iran

On behalf of the Non-Aligned Movement Before

“The Special Committee on the Charter of the United Nations and

on the Strengthening of the Role of the Organization”

New York, 19 February 2013

Mr. Chairman,

I have the honour to deliver this statement on behalf of the Non-Aligned Movement.

Mr. Chairman,

The Non-Aligned Movement continues to attach great importance to the work of the Special Committee on 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 into 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, 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.

Mr. Chairman,

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, breach of peace, 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/Res/64/115 took note in its annex of 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.

Mr. Chairman,

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 the previous sessions of the Special Committee under “Identification of new subjects”, and calls for their meaningful consideration. The Movement also recalls that fruitful discussions were held on the new proposal made by the delegation of Venezuela during the 2012 session of the Special Committee and looks forward to further deliberations on this proposal this year.

Mr. Chairman,

The Movement takes note of the progress made by the secretariat since the last report in updating the Repertory of Practice of the United Nations organs and the Repertoire of the Practice of the Security Council. However, the Movement notes with concern that the backlog in the preparation of volume III of the Repertory is not eliminated, and calls upon the Secretary General to address this issue effectively and on a priority basis.
The question of the peaceful settlement of disputes among States, as an important issue for the Movement, continues to rank highly in the agenda of this year of the Special Committee. It was in this spirit that the General Assembly, through its resolution 67/95 adopted on 14 December 2012, recognized the work of the Special Committee by commemorating last year the 30th anniversary of the 1982 Manila Declaration on the Peaceful Settlement of International Disputes. The Movement supports the General Assembly’s call to all States to observe and promote the Declaration in good faith.

I thank you.

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