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Statement by Mr. GUAN Jian Counsellor and Legal Advisor of the China Mission to the United Nations at the Sixth Committeeof the 61st Session of the UN General Assembly on Item 79: Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization
2006/10/16

2006/10/16

Mr. Chairman,

The Chinese delegation wishes to make the following comments under this item.

First, as for the ways and means to improve the working methods and efficiency of the Special Committee, the Chinese delegation believes that the Special Committee has been given a broad mandate by the relevant GA resolutions and that the Special Committee is a valuable and necessary organ as the only permanent mechanism for deliberations on the UN Charter and the strengthening of the role of the Organization. In fact, since its establishment over thirty years ago, the Special Committee has produced many important legal documents. It must be well recognized that the Special Committee has made great contributions to strengthening the role of the UN, maintaining international peace and security and promoting state-to-state relations. That being said, the Chinese delegation is in favor of enhancing the efficiency of the Special Committee based on consensus among member states and appreciates the efforts by some states in this direction. We also believe that the improvement of the efficiency of the Special Committee requires stronger political will of the states concerned.

Second, regarding basic conditions and standard criteria on sanctions, in our view, sanctions cannot be introduced unless all peaceful means have been exhausted. Implementation of sanctions must meet strict standard criteria. In particular, it must comply with the UN Charter and relevant provisions of international law. There should be a time limit for sanctions while the outcome and impact of sanctions should be reviewed in a timely and objective manner. China has taken note of the Russian proposal that standard criteria be attached to the relevant UNGA draft resolution as well as reactions to this proposal. We find the Russian proposal constructive and regret the fact that it hasn't been adopted.

Third, as for the formulation of guiding principles for UN peace-keeping operations, we believe that the consideration of the issue of peace-keeping in other UN organs should not keep the Special Committee from deliberating on this issue from the perspective of the UN Charter and the strengthening of the role of the Organization. However, in order to improve the efficiency of the Committee, China has no objection to transferring the issue to other UN organs.

Last but not least, as for whether the Special Committee can address the issue of amending the UN Charter, the Chinese delegation believes that prior to getting the mandate from the General Assembly, the Special Committee should not consider this issue. Amending the Charter is an issue that should be considered, in a prudent manner, within the overall framework of UN reform and the strengthening of the role of the Organization.

Thank you, Mr. Chairman.

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