By Dr Bertrand Ramcharan Seventh Chancellor of the University of Guyana Former UN Under-Secretary-General
September brings the annual session of the UN General Assembly and Governments will once again raise their concerns over issues of peace, development, and respect for human rights. Climate change, the rising oceans, natural disasters, protection of the environment, implementation of the UN Sustainable Development Goals, and financing for development will recur in the presentations of CARICOM leaders.
CARICOM has historically supported the international rule of law, as well as faithful adherence to the UN Charter. But it must now build on this and launch a CARICOM initiative in support of the UN Charter at the forthcoming session of the UN General Assembly.
This is for two reasons: first, the ground rules of international law have come under challenge during the on-going great power contestations. And, second, the UN Charter is the unique legal document we have in the world that binds everyone of the 193 Member States of the United Nations. It is a matter of imperative importance that every State in the world understands – and be reminded – that it is bound in law by the UN Charter, and must comply with it.
Whatever changes may be negotiated eventually in, say, the structure or composition of international organizations and organs, for example the IMF, the World Bank, or the UN Security Council, the Purposes, Principles, and norms of the UN Charter must remain the indispensable constitutional precepts of the international community.
The Charter of the United Nations contains binding international law. The UN General Assembly so held on the occasion of the twenty-fifth anniversary of the organization, in 1970, when it adopted the Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations. The General Assembly specifically affirmed that the provisions of the Charter were binding in international law.
Why is it necessary to re-state this now? Because change is around in international relations, and it is crucial that none of this affects the centrality of the world body or its Charter. China has launched a Global Development Initiative, a Global Security Initiative, and a Global Civilizational Initiative and, while professing faith in multilateralism, is said to be seeking changes in unspecified rules of international law and in the structure and governance of international organizations. China rails against ‘western values’, as reflected in documents such as the Universal Declaration of Human Rights.
At the recent meeting of the BRICS countries in South Africa – where its membership was enlarged – insistent calls were made for changes in the structure and operations of international organizations, and in unspecified rules of international law. Voices were also raised against ‘western values’ – overlooking the hallowed philosophy of Nelson Mandela in support of human freedom and rights.
The enlarged BRICS grouping is projected as consisting of countries seeking change in the prevailing international order, while the Group of 7 (G.7) is said to represent the status quo. Divisions among the Group of 20 (G.20), currently chaired by India, leaves it unclear as to what this grouping represents when it comes to the structure and ground rules of the international order.
Political change, nationally, regionally, and internationally is a fact of life. And it is understandable that great powers, middle powers, small powers – all will seek to position themselves in international alignments that best serve their interests. But none of this must ever be allowed to affect the validity and applicability of the UN Charter.
Let us illustrate this point by taking, by way of example, the issues of the international rule of law, peace, development, human rights and international cooperation. The Charter obliges every Government to pursue justice and respect for obligations arising from treaties and other sources of international law.
It commits Governments to pursue international peace and security and to take effective measures for the prevention of conflict. It obliges Governments to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State.
The Charter obliges Governments to work for the achievement of international cooperation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.
The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute. It shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken to maintain or restore international peace and security. The Members of the Security Council agree to accept and carry out the decisions of the Security Council in accordance with the Charter.
It is well known that the United Nations has its difficulties in securing full compliance with these precepts. There have been many difficulties, such as in managing the current situation in Ukraine.
In the same breath, the period we are living through is particularly dangerous. Yet, the Charter of the United Nations is the indispensable legal guide to judge the conduct of every Government, large or small. We must, therefore, reaffirm this, and act to support the Charter. CARICOM has historically taken a stance in support of the UN Charter and should do so again at the forthcoming General Assembly.
Two measures should be considered: CARICOM States should draft and table in the forthcoming General Assembly a resolution recalling the 1970 Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, emphasize the continuing validity of the UN Charter and call upon all Member States to act in accordance with the Charter at all times.
Second, during its Presidency of the UN Security Council next spring, Guyana should sponsor a special debate in the Security Council, at Ministerial Level, chaired by the Foreign Minister, the Prime Minister or the President, on “Support for the UN Charter as the Legal Underpinning of Peace, Development, and Human Rights.”
By undertaking these two initiatives, CARICOM generally, and Guyana as a Member of the Security Council, will place their stamp in reaffirming the UN Charter as the indispensable legal reference document for the conduct of international relations.
The world needs the UN Charter as a binding legal document. CARICOM must affirm this.
