Statement by

Mr. Mohammad Ghorbanpour

First Secretary

Permanent Mission of the Islamic Republic of Iran to the United Nations

On “The Strengthening of the Role of the Organization”

Before The Special Committee on the Charter of the United Nations

New York, 16 February 2021

In the Name of God, the Compassionate, the Merciful.

Mr. Chairman,

Allow me at the outset to join the other delegations in welcoming you and other members of the Bureau and express my delegation’s gratitude to the Secretariat for the preparation of the meeting.

I would also like to join in the statement delivered earlier today on behalf of the Non-Aligned Movement and present some additional remarks in my national capacity.

There is no doubt that the United Nations is in a critical juncture incomparable to the one at present. In fact, it is unlike anything it has witnessed since the dawn of its establishment. It would not be an exaggeration to claim that even the international system in general is in a critical juncture considering the severe attack imposed on multilateralism, the independence and equality of States facing intentional disregard, the growth of interference in the internal affairs of independent states, the ever-increasing unilateral acts being put into action as well as the flagrant violation of the rules and principles of international law and the Charter of the United Nations, all shadowed by a lack of justice and its implementation.

The rule-based international relations that were the aim of the founders of the United Nations and the signatories to its Charter are under severe attack and are continuously undermined day by day. International relations are heavily threatened by the arbitrary interpretation of the principles and rules of international law, including the Charter, as well as the misuse of UN mechanisms by some specific States in order to achieve their narrow political agenda. 

Needless to reemphasize that the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization is the only durable mechanism within the UN framework to discuss issues related to the UN Charter, strengthening of the role of the Organization as well as upholding its principles. Therefore, my delegation supports any proposal that contributes to strengthening and promoting its well-established role that can, in turn, ultimately strengthen the UN. I take this opportunity and express our continued support to the proposal of Cuba on strengthening the role of the UN and enhancing its effectiveness. 

With that in mind, we also acknowledge and uphold the Committee as it is entrusted to address important issues related to international peace and security as well as pacific settlement of disputes.

On issues related to international peace and security, prohibition of the threat or use of force as enshrined in the Article 2(4) of the UN Charter has been an essential achievement of the United Nations which constitutes a fundamental principle of international law. Clarification and re-affirmation of Charter Provisions, with respect of the use of force, could contribute to the strengthening of the organization. We are of the view that the priority in consideration of this principle should be met with broad interpretation while its exceptions should be narrowly interpreted. It should also be reminded that self-defense is the inherent right of a state to take all appropriate and necessary measures against any hostile act violating its territorial integrity or political independence as enshrined in Article 51 of the UN Charter.

In this regard, we reiterate our support to the joint proposal of the Russian Federation and the Republic of Belarus to seek, through the General Assembly, the advisory opinion of the International Court of Justice on the legal consequences of the resort to the use of force without authorization by the Security Council, except in the exercise of the right to self-defense. We also welcome the consideration of the Working Paper submitted by the delegation of Mexico entitled “Analysis of the application of Articles 2 (4) and 51 of the Charter of the United Nations”. 

 Mr. Chairman,

Another discouraging account regarding the UN Charter and international legal order is the issue of imposition of unilateral coercive measures. The morally wrong and ethically unjustified unilateral measures not only defy the rule of law at the international level but also infringe upon the right to development thus leading to the violation of basic human rights and are therefore considered unlawful international acts. Therefore, all member states are under an obligation to stand against these unlawful measures that violate their freedom of trade as well as their sovereignty. I take this opportunity to recall the recent report of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights with especial focus given to the coronavirus disease pandemic contained in document A/75/209.  Considering the grave and adverse consequences of unilateral coercive measures and with the view of developing a legal framework to stand against these unlawful measures, it is high time that the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization take the issue seriously and explore the ways and means to prevent, remove, minimize and redress the adverse impact of unilateral coercive measures. That is why my delegation put forward a proposal in this regard last year. We invite all Member States to carefully review this proposal and engage in discussion with a view to improve the legal framework to stand against unilateral coercive measures.

Mr. Chairman,

We also welcome the Working Paper submitted by the Syrian Arab Republic entitled “Privileges and immunities enjoyed by representatives of the Members of the United Nations and officials of the Organization that are necessary for the independent exercise of their functions in connection with the Organization” which was presented last year within this Committee. We are of the view that it is high time to consider this Working Paper substantively. Hosting the United Nations is a great privilege with certain specific responsibilities. We invite the Host Country to live up to its obligations under, including Article 105 of the Charter of the United Nations, the Agreement regarding the Headquarters of the United Nations (1947), as well as the Convention on the Privileges and Immunities of the United Nations (1946) and the Vienna Convention on Diplomatic Relations (1961), in order to implement those instruments indiscriminately based on a nonselective approach, especially towards the Member States.

Mr. Chairman,

We attach particular importance to the annual thematic debate under the agenda item on the peaceful settlement of disputes, which contributes to the more efficient and effective use of peaceful means and promotes a culture of peace among Member States. We look forward to useful deliberations during this session of the Special Committee, including within the thematic debate on the subtopic “Exchange of information on States practices regarding the use of arbitration”. In the same vein, my delegation welcomes and extends its support to the draft recommendation proposed by the Philippines to commemorate the fortieth anniversary of the Manila Declaration on the Peaceful Settlement of International Disputes since the Manila Declaration, as one of a number of valuable outcomes of this Committee linked to the mandate, role and functions of the Special Committee that reaffirm Member States’ commitment to Articles 2(3) and 33 of the UN Charter.

In conclusion, Mr. Chairman, my delegation expresses its appreciation to those delegations that put forward valuable and productive proposals during the previous Sessions of the Special Committee. We invite all Member States to engage constructively on proposals as well as on the improvement of the work of the Committee. We reiterate the need for genuine political will in order to advance the long-standing issues included in the agenda.

I thank you, Mr. Chairman.