Statement on Report of the Special Committee on the Charter of the United Nations, 6th Committee

Specifications Statement on Report of the Special Committee on the Charter of the United Nations, 6th Committee

Statement & Document

Title
Statement on Report of the Special Committee on the Charter of the United Nations 6th Committee
Date
3 November 2021
Subject
Legal
Organ
6th Committee

Statement by

Mr. Mohammad Ghorbanpour

First Secretary

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

Before the Sixth Committee, UNGA 76

On Agenda Item 84: "Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization”

New York, 3 November 2021

 

 

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

 

Madam Chairperson,

Allow me at the outset to extend my appreciation to the Secretary-General for his report contained in document A/76/33. I would also like to align myself with the statement delivered on behalf of Non-Aligned Movement and deliver the following in my national capacity. 

There is no doubt that multilateralism in the framework of the United Nations is in a critical juncture incomparable to the one at present. 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. In this environment, the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization is considered the only enduring mechanism within the UN framework capable of discussing issues related to the UN Charter and strengthening of the role of the Organization as well as addressing the challenges toward UN 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 my delegation’s support for 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 with addressing substantial 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. In the same vein, while self-defense is the inherent right of states as enshrined in Article 51 of the UN Charter, misinterpretation of this Article in recent years is a matter of concern. Clarification and re-affirmation of Charter provisions, with respect of the use of force, could contribute to the strengthening of the organization.

In this regard, we reiterate our support to the joint proposal of the Russian Federation and the Republic of Belarus to seek the advisory opinion of the International Court of Justice through the General Assembly 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”.

Regarding sanctions imposed by the United Nations, while the imposition of Security Council sanctions under Chapter VII of the UN Charter has a paramount effect on the political life of countries as well as their peoples, unfortunately such sanctions are introduced or lifted completely dependent on the political will of a small number of Member States. There should be pre-established standards or criteria for recognizing the relevant situations or cases as enshrined in the Charter while determining and imposing sanctions. These criteria should include, inter alia, the considerations related to the equal sovereignty of Member States as well as the basic human rights of the concerned nations.

 Madam Chairperson,

Another discouraging account regarding the UN Charter and international legal order involves the imposition of unilateral coercive measures (UCMs). Considering the grave and adverse consequences of UCMs and with the view of developing a legal framework to stand against these unlawful measures, my delegation put forward a proposal entitled “Obligations of Member States in relation to unilateral coercive measures: guidelines on ways and means to prevent, remove, minimize and redress the adverse impacts of unilateral coercive measures” contained in Annex II, document A/75/33. We believe 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 consider this proposal substantively.

Madam Chairperson,

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”. Hosting the United Nations is a great privilege with certain specific responsibilities. We invite the Host Country to live up to its obligations under the relevant international instruments in order to implement them indiscriminately and responsibly.

Madam Chairperson,

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 upcoming session of the Special Committee, including within the thematic debate on the subtopic “Exchange of information on States practices regarding the use of judicial settlement”. My delegation also welcomes and extends its support to the draft resolution proposed by the Philippines to commemorate the fortieth anniversary of the Manila Declaration on the Peaceful Settlement of International Disputes. The Manila Declaration is 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.

Finally, Madam Chairperson, on the working method of the Special Committee, while stressing the importance of the functions of the Special Committee relating to different agendas under its consideration, including clarification and interpretation of provisions of the Charter, the Special Committee is urged to fully implement the decision on working methods adopted in 2006 as reflected in paragraph 3 (d) of General Assembly resolution 75/140. We believe the working methods of the Special Committee should be guided by a pragmatic approach to the substance of its work.

I thank you.