Statement of the Permanent Mission of the Dominican Republic to the United Nations

October 11

Mr. Chairman,

I have the honor to speak on behalf of the Community of Latin-American and Caribbean States (CELAC).

CELAC welcomes the Report of the Special Committee on the Charter of The United Nations (A/71/33) as well as the Report of the Secretary General on the Repertory of Practice of United Nations Organs and Security Council (A/71/159).

The Member States of the CELAC underscores that to duly fulfill the mandate of the Special Committee we depend on the political will of the Member States and on the full implementation and optimization of its methods of work. For that purpose, given the important functions of the Committee, it is imperative that Member States make genuine efforts through the configuration of a solid (content wise) thematic agenda, based on the new identified subjects and in the study of its current subjects. This would allow, at the same time, an optimum use of the resources assigned to the Committee by the General Assembly.

Mr. Chairman,

The Community of Latin-American and Caribbean States reiterates the importance of the obligation to settle disputes by peaceful means and recalls –as recognized by delegations at the Special Committee- that the Charter of the United Nations provides the basic framework for such obligation. It is also important to observe the relevant resolutions of the General Assembly.

CELAC also reiterates its firm conviction that legitimacy in the use of sanctions is essential for them to be effective and to maintain international peace and security. Thus, sanctions must be imposed and applied in conformity with the Charter and with other relevant norms of international law, in particular those related to human rights. At its 64th session, the General Assembly took note –at the recommendation of this Committee- of the document “Introduction and Implementation of Sanctions Imposed by the United Nations” annexed to Resolution 64/115. The Group reiterates the relevance of that document and calls upon the Security Council to observe these methods of work. We also underline the importance that the Committee continues to examine all issues related to the maintenance of international peace and security so as to strengthen the role of the United Nations.

In this regard, we welcome the briefing by a representative of the Department of Political Affairs on the implementation of that document, and we underscore the usefulness of the discussion that followed the briefing. Taking into account that the document annexed to Resolution 54/115 contains guidelines the General Assembly recommended the Security Council to implement, it would be very positive to have such briefings annually. The question the application of sanctions by the Security Council, including due process, is of the interest of the whole membership, as it can affect the credibility of the organization. In this sense CELAC applauds the results of the last session of the Committee where the analysis of this issue was agreed as a topic on the agenda.

Likewise, and in line with Resolution 67/96, we believe it is necessary to continue to consider the question of the application of the provisions of the Charter on the assistance to third States affected by the application of sanctions under Chapter VII, along with the proposals submitted on the question. The fact that no State has yet requested this kind of assistance does not entail that the issue should be discontinued from the Special Committee’s agenda, as an issue of preventive nature.

In this regard, we also take note that the Security Council, in most of the cases, has decided to adopt exceptions in order to allow States to request an authorization of access to frozen funds for a variety of basic and extraordinary expenses.

CELAC underlines the recognition contained in the last reports of the Secretary General that the General Assembly and the Economic and Social Council have continued to play their respective roles in the area of mobilizing and monitoring, as appropriate, the economic assistance provided by the international community and the United Nations system, to third states affected by the application of sanctions. It should also be highlighted in this regard, the work done by the Secretariat in continue monitoring and evaluating the information related to the economic and social problems faced by some states as a consequence of the application of sanctions, in order to offer solutions and to evaluate the requests made by third states to the Security Council under the provision of Article 50 of the Charter.

We also highlight the work of the Secretariat in compiling and evaluating information pertaining to any special economic problems in third States arising from the application of sanctions and to evaluate any appeals to the Security Council made under the provisions of Article 50 of the Charter of the United Nations.

Mr. Chairman,

CELAC recognizes likewise the notable contribution of the Repertory of Practice of the United Nations and to the Repertoire of the Practice of the Security Council to international law and to the international system. Also, once again we recognize the work of the Secretariat in updating these important documents as well as the efforts and progress achieved regarding the incorporation of the Repertory volumes into the United Nations website.

We also appreciate the progress made in the last years regarding the backlog of the Repertory of the Practice of the Security Council and the Organs of the UN, and encourage the increase in efforts in this regard with a view to end the existing gap. Likewise, we are grateful to those Member States that have contributed to the Trust Fund.

We note once again that the challenge we have in front of us is to reinvigorate the work of the Special Committee, enabling it to exercise its mandate as an efficient organ of the machinery of the General Assembly. By doing so, we will make a valuable contribution to the revitalization of the most important organ in the Charter. CELAC would like to mention on this point that the concrete results achieved in the last session of the Committee are due to the constructive spirit in which delegations worked on finding tangible results for this important body.

CELAC attaches particular 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. The Committee to which the Resolution 3499 entrusted, inter alia, the examination of the suggestions and proposals of the States regarding the Charter of the United Nations, the strengthening of the role of the organization, and those aimed at enhancing its capacity in order to achieve its purposes -- could carry out the task of examining, if the General Assembly explicitly so requests, the legal aspects of the reforms already decided by this organ, with a view to recommend the modifications of the UN Charter in accordance with such decisions.

The Community of Latin-American and Caribbean States is aware of the work done at the last session of the Special Committee, and will continue to work and to contribute to the substantive debate of all the proposals under the Agenda of the Committee. Our region is actively engaged in the work of the Committee, some of our members have presented proposals under different Agenda items. We encourage all Member States to contribute to the work of the Special Committee, pursuant to the mandate given to it by the General Assembly. Likewise, we would like to recall the proposals made by the Bolivarian Republic of Venezuela and Cuba in this regard.

On this same issue CELAC welcomes the initiative to commemorate the 70th Anniversary of the International Court of Justice by a resolution proposal to the Sixth Committee by the Committee at its last session.

Mr. Chairman,

CELAC appreciates the Committee's decision to hold intercessional informal meetings to analyze in depth the proposal on peaceful settlement of disputes submitted by NAM contained in document A/70/33. We urge the Secretariat and the proponents to convene the meeting as soon as possible and we call on all states to participate in a constructive, open and transparent manner in the discussion of this proposal.

We call the attention of Member States to these issues. We share these thoughts with other Member States, inspired by our genuine interest in strengthening the substantive Agenda of the Special Committee and our responsibility of ensuring the most efficient use of the resources of the United Nations.

Thank you, Mr. Chairman