Informal Open Ended Working Group on an Agenda for Peace
Sub Group on the "Question of United Nations Imposed Sanctions"
General Assembly Resolution 242, Annex II (1997)
Document Number A/52/242
Draft Adopted by the Sub-Group on
July 10, 1996
The following paragraphs constitute the reaction of the General Assembly to the Secretary General's report entitled "Supplement to an Agenda for Peace" of 3 January 1995 as regards the subject of "sanctions."
1. An effectively implemented regime of collective Security Council sanctions can operate as a useful international policy tool in the graduated response to threats to international peace and security. As Security Council action under Chapter VII of the Charter, sanctions are a matter of utmost seriousness and concern. Sanctions should only be resorted to with utmost caution, when other peaceful options provided by the Charter are inadequate. The Security Council should give as thorough consideration as possible to the short and long term effects of sanctions, having due regard to the need for the Council to act speedily in certain cases.
2. Sanctions should be established in strict conformity with the U.N. Charter, with clear objectives, provision for regular review, and precise conditions for being lifted. The implementation of sanctions must adhere to the terms of the applicable Security Council resolutions. In this context, the Council must act in accordance with Article 24 (2) of the Charter. At the same time, the Council's ability to act speedily, in the objective interest of maintaining international peace and security, must be recognized.
3. The Security Council has the ability to determine the time-frame of sanctions. This question is of the greatest importance and should be seriously considered in connection with the objective of changing the behavior of the target party while not causing unnecessary suffering on the civilian population. The Council shall define the time-frame for sanctions regimes taking into account these considerations.
4. While there is a need to maintain the effectiveness of sanctions imposed in accordance with the Charter, unintended adverse side effects on the civilian population should be minimized by making the appropriate humanitarian exceptions in the Security Council resolutions. Sanctions regimes must also make provision to ensure that appropriate conditions are created for allowing an adequate supply of humanitarian material to reach the civilian population.
5. The purpose of sanctions is to modify the behavior of a party that is threatening international peace and security and not to punish or otherwise exact retribution. Sanctions regimes should be commensurate with these objectives.
6. Clarity should be a goal in the formulation or Security Council resolutions imposing sanctions. The steps required from the target country for the sanctions to be lifted should be precisely defined.
7. Before sanctions are applied, a clear warning could be expressed in unequivocal language to the target country/party.
8. The Security Council could also provide for imposing sanctions that may be partially lifted, in the event the target country/party complies with previously defined requirements imposed by specific resolutions. It could also consider the possibility of introducing a range of sanctions and lifting them progressively as each target is achieved.
9. Sanctions shall be implemented in good faith and uniformly, by all States. Violations must be brought to the attention of the general membership of the U.N. through the appropriate channels.
10. Just as the Security Council periodically reviews sanctions, it should also consider whether they are being fully implemented by all States.
11. It bears recalling that monitoring and compliance is first and foremost the responsibility of individual Member States. Member States should endeavour to prevent or correct activities in violation of the sanctions measures within their jurisdiction.
12. International monitoring by the Security Council or by one of its subsidiary organs or compliance with sanctions measures, in accordance with relevant Security Council resolutions, can contribute to the effectiveness of U.N. sanctions. States that may require assistance in the implementation and monitoring or sanctions may seek the assistance of the U.N. or relevant regional organizations.
13. States should be encouraged to cooperate in exchanging information about the legislative, administrative and practical implementation of sanctions.
14. Sanctions often have a serious negative impact on the development capacity and activity of target countries. Efforts should continue to be made to minimize unintended side-effects or sanctions, especially as regards the humanitarian situation and the development capacity that has a bearing on the humanitarian situation. In some instances the application of sanctions may not be compatible, however, with bilateral and multilateral development programs.
15. Humanitarian assistance should be provided in an impartial and expeditious manner. Means should be envisaged to minimize the particular suffering of the most groups, keeping in mind emergency situations, such as mass refugee flows.
16. With a view to addressing the humanitarian impact of sanctions, the assistance of concerned international financial and other inter-governmental and regional organizations should be sought for providing an assessment of the humanitarian needs and the vulnerabilities of target countries at the time of tht imposition -of sanctions and regularly thereafter while they are being implemented. The appropriate Department of the Secretariat could play a coordinating role, in this context.
17. Guidelines for the formulation of the humanitarian exceptions mentioned in paragraph 4 should be developed, bearing in mind that the humanitarian requirements may differ according to the stage of development, geography, natural resources, and other features of the target State.
18. Foodstuffs, medicines and medical supplies should be exempted from UN sanctions regimes. Basic/standard medical and agricultural equipment and basic/standard educational items should also be exempted - a list should be drawn up for that purpose. Other essential humanitarian goods should be considered for exemption by the relevant U.N. bodies, including the sanctions committees. In this regard it is recognized that efforts should be made to allow target countries to have access to appropriate resources and procedures for financing humanitarian imports.
19. The work of United Nations humanitarian agencies should be facilitated in accordance with applicable Security Council resolutions and sanctions committees guidelines.
20. The concept of "humanitarian limits of sanctions" deserves further attention and standard approaches should be elaborated by the relevant U.N. bodies.
21. The target country should exert all possible efforts to facilitate equitable distribution and sharing of humanitarian assistance.
22. Having assumed great importance for a large number of countries, specific sanctions regimes would necessitate the submission of special reports by the Security Council to the General Assembly for its consideration.
23. The Secretary General in his Supplement to an Agenda for Peace had noted there was an urgent need for action to respond to the expectations raised by Article 50 of the Charter. He also noted that sanctions are measures taken collectively and costs involved in their application should be borne equitably by all Member States.
24. More frequently resorted to in the recent past, sanctions have been causing problems of an economic nature in third countries. The importance of the subject has been reflected in intensive consideration of the issue in its conceptual and specific forms by the General Assembly in the last few years.
25. Taking into account the importance of the consensus resolutions adopted by these bodies, The Security Council, the General Assembly and other relevant bodies should intensity their efforts to address the special economic problems of third States affected by sanctions regimes. They should also take into consideration the proposals presented on the subject during the debate in the open-ended Working Group on an Agenda for Peace and other relevant bodies.
26. Bearing in mind that this issue has been under intensive discussion within the framework of the Sixth Committee, and that those discussions are to continue during the 51st session of the United Nations General Assembly, it is agreed that this aspect should be addressed in an appropriate manner by the Sixth Committee during the 5lst Session of the General Assembly.
27. Security Council resolutions should include more precise mandates for sanctions committees, including a standard approach to be followed by the committees.
28. The mandates of sanctions committees should be such that they can be fulfilled in practical terms.
29. While noting the improvements in the functioning of the sanctions committees following upon the Notes by the President of the Security Council of 29 March 1995 (Document S/1995/234), of 31 May 1995 (Document S/1995/438) and of 24 January 1996 (Document S/1996/54) and that all committees are already working on the basis of these documents, it is recognized that the process needs to be encouraged and further developed.
30. The sanctions committees should give priority to handling applications for the supply of humanitarian goods meant for the civilian population. These applications should be dealt with expeditiously.
31. The sanctions committees should give priority to humanitarian problems that might arise from the application of sanctions. Whenever it considers that a humanitarian problem is about to arise in a target State, such a situation should immediately be brought to the attention of the Security Council. The committees may suggest changes in specific sanctions regimes to address particular humanitarian issues with a view to taking urgent corrective steps.
32. Likewise, when a Committee considers that a sanctions enforcement problem has arisen, it should bring the situation to the attention of the Council. The committees may suggest changes in specific sanctions regimes to address particular enforcement issues with a view to taking urgent corrective steps.
33. Further improvements in the working methods of sanctions committees that promote transparency, fairness and effectiveness and help the committees to speed up their deliberations are necessary.
34. Measures additional to those contemplated In the aforementioned Notes by the President of the Security Council might include, among others, improvements in the decision making procedures of the sanctions committees and the possibility for affected States to implement more effectively their right to represent to the committees against their decisions.
35. Improvements in the "authorized signatory system" should be sought so that delays in clearing proposals may be avoided. The reasons for putting applications on 'hold' or ‘block' should be immediately communicated to the applicant.
36. The practice of hearing technical presentations of information by organizations assisting in the enforcement or Security Council sanctions during closed meetings or the sanctions committees should be continued, while respecting the existing procedures followed by such committees. The target/affected States, as well as concerned organizations should be better able to exercise the right of explaining/presenting their points of view to the sanctions committees. The presentations should be expert and comprehensive.
37. Sanctions committee secretariats should be adequately staffed, from within existing resources. This is necessary to expedite processing of applications and giving quick clearances.
38. Sanctions Committees could analyse available information in order to evaluate if regimes are being effectively implemented. They could bring their conclusions and, if appropriate, recommendations in this respect to the attention of the Security Council.
39. Clarifying statements and decisions by the sanctions committees an important contribution to the uniform application of a given sanctions regime. Such statements and decisions must be consistent with Security Council resolutions and with one another.
