Statement by New York, 13 May 2003 Mr. President, My delegation would like to congratulate the delegation of Pakistan on its assumption of the presidency of the Security Council for the month of May. It is our sincere hope that through your leadership and esteemed guidance, this Council will complete its tasks and make concrete contributions to the critical issues on the agenda before us. The delegation of Indonesia considers it an honour to participate in this debate on the role of the Security Council in the pacific settlement of disputes. This discussion comes at a time when the credibility and responsibility of the Council for the maintenance of international peace and security continues to generate intense debate within the international community. Thus, the Council’s role in the pacific settlement of disputes forms part of a broader and deeper intellectual, diplomatic, political exercise of practical concern to the peoples of the world. As is well known, the Security Council often relies on various Chapters of the UN Charter to fulfill its responsibilities to international peace and security. In the settlement of disputes, it relies on the powers accrued to it in both Chapters VI and VII of the Charter. These convey the authority to the UN to conduct preventive and enforcement measures for the purpose of maintaining international peace and security. Mr. President, Under Chapter VI of the Charter, this Council enjoys both investigative and recommendatory powers. It is empowered to investigate disputes as to whether the continuance of a dispute is likely to endanger the maintenance of international peace and security or not and to make recommendations for the appropriate terms of settlement. It is also empowered to call upon the parties involved to settle their disputes by the peaceful means and to encourage the development of pacific settlement of disputes through regional arrangements or by regional agencies. If we were to take a broad sweep of
history, it is safe to say that despite all the flashpoints of conflict
that we have experienced at the international level since the end
of World War II, the world is indeed a safer, more secure place today.
The world is further away from war than when the In my delegation’s view, such relative peace and security has a good deal to do with the work of the United Nations in the interpretation by its Member States, of their determination to save the world from the scourge of war as was so eloquently expressed in the Charter. In that connection, the work of the Security Council has been critical. And, its work has been given a political foothold and legal authority through the provisions of Chapter VI. Mr. President, It is now widely acknowledged internationally and politically, that development is the flip side of the coin of peace. In the view of my delegation, in every situation: non-conflict, conflict or post-conflict, the currency with the greatest impact is the currency of development. Unless there is development, there can be no justice; in turn, injustice is always certain to unravel what amounts only to false peace. It is also important for the Security Council to fulfill its Charter obligations by being conscious of these imperatives and by being guided by them. Investigations and interventions by the Council can influence law and governance beyond the immediate arena of the United Nations. Thus, it cannot afford to be treated with a sense of levity. Resolutions and statements by the Council must be indexed on the spirit and letter of the Charter, and must offer the highest assurances of justice to the parties to the dispute. In this regard, the evolution of international
legal arrangements has continued. In 1982, for instance, the General
Assembly in helping to enhance the effectiveness of the role of the
Security Council in the peaceful settlements of disputes, adopted
the Manila Declaration on the Peaceful Settlement of International
Disputes. In it, the General Assembly called upon Member States to
strengthen “the primary role of the Security Council so that
it may fully and effectively discharge its responsibilities, in accordance
with the Charter of the United Nations, in the area of the settlement
of disputes or of any situation the continuance of which is likely
to endanger the maintenance of international peace and security.” Unfortunately, it can barely be said that the Council has always maintained the highest standards towards these or other responsibilities, or lived up to these high ideals. There have been instances where parties to a dispute, or where Member States of the United Nations have pointed accusing fingers at the Council for what were perceived as double standards or disparity in its response to a variety of situations. No case can rise beyond the confidence that the character of its presiding judge brings to it, and in the pacific resolution of disputes, it is critical that the impartiality of the judge be beyond reproach or dispute, to begin with. This is basic. Mr. President, In the past few months, given the situation in Iraq, the quality of judgment that the Security Council brings to the issues on its agenda has taken a new dimension. The ability of this Council to respond to issues on the simple multilateral principle that is the foundation of the United Nations is in question, an ability that was put to the test in the way that the war in Iraq was embarked upon, must be re-examined, and re-established. Having said that, it must also be remembered that the broader issue of Security Council reform remains before this body and the larger membership of the United Nations. In our view, these issues may be taken separately, or taken together, but they must be addressed. Thus, the United Nations must demonstrate an ability to speak with one voice, to work together, and to abide by agreed principles. Thank you, Mr. President.
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