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Statement by Ms. CHEN Peijie, Counsellor and Legal Adviser of the Chinese Mission to the United Nations, at the Sixth Committee of the 62nd Session of the UN General Assembly, on Item 85 "Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization"
New York, 16 October 2007


Mr. Chairman,

I wish to thank the Chairman of the Special Committee for his introduction of the work of the Committee. Through the years, the Special Committee on the United Nations Charter has played an active role in strengthening the role of the Organization, maintaining world peace and security, and promoting peaceful solutions of disputes, which, in the view of the Chinese delegation, deserves full recognition.

This year, the Special Committee continued its consideration of the basic conditions and criteria for sanctions. Due to their strong impacts, wide scopes and possible adverse effects on third countries, sanctions should follow strict standards. The Special Committee's study of this issue from a legal prospective will help improve and normalize sanctions regimes. We believe that conditions and criteria may also involve many dimensions, the most important of which should include the following three facets: first, the decision to apply sanctions should be in line with the Charter and principles of international law; second, the premise for applying sanctions should be the exhaustion of peaceful means for solving disputes and the emergence of situations endangering peace and security; and third, sanction should be clearly targeted, with an explicit time frame and affirmed purpose. The new and amended working paper submitted by the Russian Delegation for this purpose reflects in a relatively comprehensive and concrete manner concerns from all sides on conditions and criteria and demonstrates the flexibility and cooperative approach of Russia. The Chinese delegation would like to thank Russia for its contribution, and hopes that the Special Committee's deliberation on the basis of this paper can produce early results.

The Special Committee also continued the discussion on the assistance to third states affected by sanctions. This question has been a priority item on the Special Committee's agenda for over a decade. While the Security Council has been working in recent years to improve its method of work in respect of sanctions, negative impact on third states as a result of implementing Security Council sanctions on other countries remains a practical problem that needs to be solved. Therefore, it is imperative to develop a methodology for assessing the impact on third states and explore feasible measures for extending international assistance to those affected. For example, we could consider providing assistance to third states by establishing a fund and a permanent consultative mechanism, as well as through multi-channeled financial arrangements and economic assistance. We look forward to seeing more active and effective plans and to substantive progress in the relevant deliberations of the Special Committee.

The development of a set of guidelines for the United Nations peace-keeping operations involves legal frameworks for regulating relevant operations, and is therefore a significant and worthy endeavor for the Special Committee to pursue. Having said that, we are flexible as to which specific organ should be the one charged with the relevant deliberations.

In addition, the Chinese Delegation supports the Special Committee in identifying and studying new items reflecting current needs and realistic significance in order to continue to effectively discharge its responsibility of strengthening the role of the United Nations. In this context, I wish to reiterate that no such new item should involve amending the Charter without the explicit authorization by the General Assembly. Amendment of the Charter should be considered from a comprehensive perspective within the general framework of reforming the United Nations and strengthening the role of the Organization and should be approached prudently.

Mr. Chairman,

I believe that as long as all countries show political will and address the existing agenda items in a constructive spirit, the Special Committee will continue to play an effective role and contribute to the process of revitalizing the United Nations.

Thank you, Mr. Chairman.