
Statement by the Cuban Delegation 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”, New York, 19 October 2009
Mr. Chairman,
Cuba joins the statements by the Islamic Republic of Iran on behalf of the Non-Aligned Movement, and by Mexico on behalf of the Rio Group on item 82, “Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization.”
The Cuban delegation appreciates the presentation of the report by the Chairman of the Special Committee, contained in document A/64/33.
This delegation attaches particular importance to the work of the Special Committee on the Charter of the United Nations and on
the Strengthening of the Role of the Organization. It likewise considers that it is the duty of the Special Committee to play a key role in the reform process of the United Nations, in accordance with the mandate given to it under General Assembly Resolution 3499 (XXX) of 15 December 1975.
We believe this Committee is the proper framework to negotiate any amendment to the Charter of the United Nations resulting from the current reform process of this Organization.
My delegation reiterates the importance to advance towards a true reform of the United Nations, aimed at its democratization, in strict compliance with the principles and procedures enshrined in the Charter.
Mr. Chairman,
The respect for and promotion of the rules of the Charter of the United Nations are vitally important. The governing role of the General Assembly must be preserved and strengthened, since it is the only UN organ where there is no place for hegemonies, where all of us have voice and vote, and the obsolete power of veto does not exist.
Despite the fields of competence clearly established by the Charter, the agenda of the Security Council increasingly exceeds the mandate of that organ. It frequently encroaches on functions corresponding to the General Assembly, ECOSOC, and other organs. The interpretation of what constitutes threats to international peace and security grows ever more extensive. Nobody is surprised any more at the Security Council’s passing resolutions which codify rules of Law.
These negative tendencies must be immediately stopped.
According to the spirit of the Charter of the United Nations, the imposition of sanctions constitutes an extreme measure, which should be only considered in the existence of a real threat to peace, breach of the peace or act of aggression, once all the options provided in Chapter VI of the Charter to peacefully settle the disputes are exhausted, and after the short- and long-term economic, social and humanitarian effects of those sanctions are thoroughly assessed.
The sanctions regimes must have clear and precise objectives which must be reviewed, suspended, or immediately lifted when such objectives are achieved. In this regard, we believe that any attempt to use sanctions to change or modify the political or legal order of a State, is illegal and violates the International Law.
Mr. Chairman,
It is important for the States to cooperate and be flexible in the debate on the significant proposals the Special Committee has ahead, like the new paper submitted by Cuba “Strengthening of the role of the Organization and enhancing its Effectiveness”, which would contribute to the progress of its works. We consider the limited achievements of the Special Committee in recent years arise from the lack of political will, and they are in no way a result of its working methods.
In this respect, we hope for the resolution of questions pending in the working paper presented by the Russian Federation relative to basic conditions and standard criteria for the introduction and implementations of sanctions imposed by the United Nations, and submit it to the General Assembly for its adoption.
Also, this delegations considers to be very useful the up-to-date publication of the Repertory of Practice of United Nations Organs and Repertoire of the Practice of the Security Council, as part of the historical memory of the United Nations Organs and as an important tool for experts to research.
Thank you.
(Cubaminrex- Embacuba ONU)