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Tema 85 Report of the Special Committe on the Charter of the United Nations and on the Strengthening of the role of the organization

Statement by the Permanent Representative of the El Salvador to the United Nations On behalf of the Community of Latin American and Caribbean States (CELAC)

October 12

Mr. President,

My delegation has the honor to speak on behalf of the 33 Member States of the Community of Latin American and Caribbean States (CELAC).

CELAC attaches particular importance to the work of the Special Committee on the Charter of the United Nations and on Strengthening the Role of the Organization and welcomes its annual report (A/73/33) and the report of the Secretary-General on the Repertory of the Practice of the Organs of the United Nations and the Security Council (A / 73/190).

The Member States of CELAC underscore 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.

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. In this regard, it is important that the Committee continues with its work related to all the issues regarding the maintenance of international peace and security as a contribution to strengthening the role of the United Nations.

Therefore, CELAC welcomes the recommendation made by the Special Committee to undertake a thematic discussion under the item "Peaceful Settlement of Disputes", in order to examine the means for the settlement of disputes, in accordance with Chapter VI of the United Nations, in particular those contained in article 33, and in accordance with the Manila Declaration on the Pacific Settlement of International Disputes. ( A / 73/33)

On the other hand, CELAC considers that the issue of UN imposed sanctions, including due process, is also of the interest of the whole membership. CELAC therefore wishes to reiterate that to be effective and contribute to the maintenance of international peace and security, sanctions should be enforced in accordance with the Charter and other relevant rules of international law, in particular those relating 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.

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 also takes note of the proposal made by Mexico during the last meeting of the Special Committee to consider the interpretation and application of Article 51 and encourage the presentation of a written proposal for the consideration of the Committee. (From paras. 9 and 10 of the Report A/AC.182/2018/L.11).

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 continuing monitor and evaluate 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.

CELAC takes note of the Secretary-General report on the implementation of the provisions of the Charter of the United Nations contained in document A/72/136.

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.

Mr. President,

We conclude by reaffirming our responsibility in relation to the revitalizing of the work of the Special Committee so that it can effectively exercise its mandate as an organ of the General Assembly and the most important of the Charter.

Thank you.

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