Statement by H.E. Mr. Motohide Yoshikawa

Permanent Representative of Japan to the United Nations

At the Security Council Debate

On General Issues Relating to Sanctions:

Working Methods of Security Council Subsidiary Bodies

11 February 2016

 

Mr. President,

 

       Let me first express my gratitude to Permanent Representative of Sweden and Deputy Permanent Representative of Chile, for their insightful briefings and very good ideas.

 

       Mr. President, the topic chosen by you is very timely.

 

       The international community now faces serious threats posed by the Democratic People’s Republic of Korea (DPRK). Its fourth nuclear test on 6 January and a ballistic missile launch on 7 February this year are both clear and flagrant violations of Security Council resolutions and international non-proliferation regime.

 

       Japan reiterates that the most urgent task now for the Security Council is to expeditiously adopt a new resolution with further significant measures in response to these dangerous and serious violations, as we agreed last Sunday.

 

Mr. President,

 

       The word ‘sanction’ has a punitive connotation. Moreover you cannot find this word in the UN Charter. What we call ‘sanctions’ are, in fact, non-military measures stipulated in Article 41 of the Charter. They include “complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.” I wish to emphasize that these measures are not a punishment nor end objective. Rather, they are one of the most important tools the Security Council has at its disposal to finding a comprehensive solution to the conflict in question.

 

       The second point I wish to make is on compliance. Article 25 of the UN Charter stipulates that all Member States are obliged to implement Council decisions irrespective of whether they are involved in decision making or not.

 

       Last year’s report by the panel of experts established pursuant to resolution 1874, describes this issue very well. “The Panel continues to observe Member States’ lack of implementation of Security Council resolutions, noting that inaction and low reporting levels may be due to lack of will, technical capacity and/or issues within their domestic legal system. The resolutions … are effective only when implemented.” I totally agree with the panel’s opinion and observations. I would like to remind all Member Governments of the importance of implementing Security Council resolutions by all Member States in accordance with Article 25 of the Charter.

 

       The third point I would like to touch upon is the importance of expert panels. We currently have 11 expert panels with a total of 65 experts. I commend all panel experts for their dedication. The Council relies on these panels for their technical inputs of high value. Therefore, it is indispensable that we select competent experts in order to ensure their quality of services.

 

       Independence of panels is also crucial. They are exposed to a lot of political pressure. In order to allow them to perform their duty properly, we must respect the independence and integrity of these technical bodies. In this connection, the annual reports of individual panels should be published without exception. These publications are also important to ensuring transparency. To further enhance transparency, I am ready to provide non-Council members with briefings after formal meetings of sanctions committees, as some of my predecessors as chairs of sanctions committees have done so previously.

 

       In this context, your decision to conduct this debate in an open format is a very good one, because the wider UN membership can hear how the members of the Council view the sanctions and we can listen to non-Council members’ view as well.

 

Mr. President,

 

       Before closing, I would like to make a few general remarks on subsidiary organs and their working methods. I was told in early December last year to preside over the Sanctions Committees on Lebanon and Yemen, as well as the Informal Working Group on Documentation and Other Procedural Questions. One month before assuming the membership of the Council was not enough to carry out the necessary preparation, including observing the meetings of these organs. Since the election of Security Council members will now be held in June instead of October, I propose that chairs be appointed no fewer than three months before commencing the chairmanship and be able to observe meetings immediately after their appointment. I noticed the ideas were supported by two briefers as well as Angola, New Zealand and the United Kingdom.

 

       I am also of the view that the duty and honor of chairing 23 subsidiary organs of the Council should not be monopolized by elected members but can also be shared by permanent members.

 

       Japan, as Chair of the Informal Working Group on Documentation and Other Procedural Questions, took the lead in compiling presidential note 507 in 2010. I would like to make a concrete contribution in this area during my chairmanship of this working group, with the support of Security Council members.

 

I thank you, Mr. President.