[misc.headlines.unitex] <2/2> UN LEGAL COMMITTEE CONTINUES DEBATE

unitex@rubbs.fidonet.org (unitex) (10/12/89)

     a step forward in the right direction and complemented each
     other.

     On the question of peaceful settlement of disputes, he supported
     proposals on the establishment of a commission for good offices,
     mediation and conciliation.  He was also satisfied with the
     progress of work by the Special Committee on the rationalization
     of United Nations procedures.

     JERRY E.J. MBURI (United Republic of Tanzania) said the concept
     of fact-finding by the United Nations was not a new one and that
     it had in the past been made use of by the Secretary-General,
     the General Assembly and the Security Council.  The task of the
     Special Committee on the Charter had been to make known its
     existence.  The concept should be properly defined and
     identified by a specific name reflecting its nature and mandate.
     The question as to who should initiate a mission depended on who
     dealt with what.  In that respect, there was a need for
     flexibility.  Without prejudicing the provisions of Chapter VII
     of the Charter, he said, the General Assembly should in
     principle play a central role in the maintenance of international
     peace and security.

     On the question of peaceful settlement of disputes, he supported
     the Romanian proposal on the resort to a commission for good
     offices, mediation and conciliation within the United Nations
     and said the proposal should be annexed to the report of the
     Committee to the General Assembly.  He said efforts of the
     Secretary-General to follow-up on the implementation of
     decisions adopted by the General Assembly should not be hampered
     or undermined by double standards, and in that connection wished
     to know how the Manila Declaration on the Peaceful Settlement of
     Disputes was being carried out by Member States.

     VITALY STEPANOV (Ukraine) said the positive changes taking place
     in international relations offered a unique opportunity for
     strengthening the role of the United Nations in the maintainance
     of international peace and security.  International law and
     provisions of the Charter must be respected.

     He said the use of fact-finding missions could strengthen the
     role of the United Nations in preventing conflict situations. On
     the basis of the two working papers on the subject, the Special
     Committee could in the near future begin work on an
     international instrument which should for the first time
     encourage the use of such missions as an element in enhancing the
     peace-making potential of the Organization.  The instrument
     should contain the mechanisms and methods for their use by
     Member States as well as organs of the United Nation.

     He supported the notification of Member States by the General
     Assembly during its current session of the proposal on the
     establishment of a commission for good offices, mediation and
     conciliation.  On the question of rationalization of existing
     procedures of the United Nations, he shared the
     view that the adoption of decisions by consensus was one of the
     ways to enhance the work of the General Assembly.  That should
     not, however, detract from the importance of decisions adopted
     by a vote.

     JOSE R. SANDOVAL (Ecuador) said his country had always supported
     the concept of peaceful settlement of disputes and so it also
     favoured the Special Committee on the Charter's work on resort
     to fact-finding missions to achieve that goal.

     The subject of rationalization of existing procedures of the
     United Nations needed stronger support, he said.  Ecuador
     believed a deadline should be set to end deliberations on the
     matter, thereby halting a "vicious cycle". As for consensus, his
     delegation believed it might be the best way for adopting
     resolutions.  It would allow extreme positions to be reconciled
     with others, but that result might not be fully satisfactory to
     all.  In contrast, he said, votes permitted the voicing of
     dissent and also gave the majority the opportunity to state its
     position.

     He supported all decisions that barred the use of force.  As for
     the proposed resort to a commission of good offices, mediation
     or conciliation to settle disputes, he believed that proposal
     should be annexed to a decision.

 * Origin: UNITEX --> Toward a United Species (1:107/501)


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