Statement by, Mr. Mohammad Erfani Ayoob, Minister Counsellor Permanent Mission of Afghanistan to the United Nations
On Agenda Item 82
“Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization”
Delivered before the Sixth Committee on October 19th , 2009.
on behalf of H.E. Zahir Tanin
Mr. Chairman ,
I would like to thank the Chairman Mr. Emmanuel Bichet, the bureau, and the officers of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization for presenting us today with Report A/64/33, as well as the recommendations therein. My delegation associates itself with the statement delivered by the distinguished delegation of the Islamic Republic of Iran of behalf of NAM.
Afghanistan strongly supports the central role of the United Nations as a forum for addressing all global issues dealing with international cooperation, peace and security, human rights and the rule of law, and economic development and social progress, all based on dialogue, cooperation and understanding amongst Member-States. We attach great importance to the work of the Special Committee of the Charter of the United Nations and on the Strengthening of the Role of the Organization. We believe that the Charter Committee, by adopting several international legal instruments, continues plays a constructive role for the maintenance of International peace, security, and stability.[AI1]
We support the full implementation of the mandate of the Committee and stress the need to further improve the working methods of the Committee.
The Charter Committee, in meetings held from the 17-25 of February 2009, discussed several important subjects that my delegation would like to make remarks on:
1 – Sanctions remain an important tool under the Charter of the United Nations in the Organization’s efforts to maintain international peace and security without recourse to the use of force. Sanctions should be carefully targeted in accordance with the Charter, must be supported by clear objectives, and be implemented in ways that effectively balance desired results against possible adverse consequences, including socio-economic and humanitarian consequences, while taking into account third States that will be indirectly affected. These sanctions should be reviewed periodically.
The imposition of sanctions should be undertaken as a last resort, only after all means of peaceful resolution have been exhausted, and an evaluation of the effects of the sanctions has been thoroughly considered.
My delegation particularly attaches great importance to this aspect of the work of the Special Committee, as Afghanistan is deeply involved with the activities of the 1267 Security Council Sanctions Committee on the Taliban and Al-Qaida.
Sanctions regimes with regard to individuals and entities should ensure that the decision to list and delist them is based on fair and clear procedures, and that regular reviews of names on these lists are conducted.
On the issue of implementing the Charter provisions on assisting third estates affected by implemented sanctions, my delegation supports the provisions of relevant general Assembly resolutions addressing this issue and welcomes the work accomplished by the informal Working group of the Security Council on the general issue of sanctions.
Afghanistan welcomes the progress made by the Security Council in establishing new procedures for the listing and delisting of individuals and entities on sanctions lists. We call on the Security Council sanctions committee to carefully study each case, create clear criteria and mechanisms for listing and delisting, and constructively consider the requests of States on the listing and delisting process.
Afghanistan is committed to implementing its obligations under Security Council Resolution 1267 and calls on all Sates to implement, in good faith, their obligations within their jurisdictions.
2- The peaceful settlement of disputes is one of the basic principles of international law under the Charter of the United Nations and the most effective and efficient tool for maintaining international peace and security. Afghanistan, while emphasizing the principles enshrined in the Charter of the United Nations relating to the peaceful resolution of disputes, reaffirms the important role played by judicial mechanisms, inter alia the International Court of justice (ICJ).
3 – We appreciate the excellent contribution to the institutional memory of the international system of the Repertoire of Past Practice of the United Nations, and of the Security Council. In this context, we command the Secretariat for the work done in updating these important documents as well as the progress achieved with regard to the incorporation of the Repertory volumes on the United Nations website. Furthermore, we welcome the enhanced cooperation with academic institutions, as well as the progress made towards making academic publications available on the Internet, including advance versions of the studies.
4- We reaffirm the importance of carrying out reforms to the Organization in accordance with the principles and procedures established by the Charter of the United Nations in preserving 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 the reform process of the United Nations, and the democratization of its principal organs.