Committee seeks UN charter amendment

An Oireachtas committee has proposed amending the United Nations Charter to permit action on genocide, even though members admitted the initiative has little chance of success.

For the first time, the UN would be allowed to intervene in the internal affairs of member-states in cases where a country was pursuing genocidal policies, under a motion passed by the Oireachtas Joint Committee on Foreign Affairs yesterday.

Members approved the motion put by Mr Ben Briscoe of Fianna Fail, in spite of advice from the Department of Foreign Affairs that it would be virtually impossible to steer such an amendment through the UN system.

Mr Briscoe's motion reads: "Whilst at present the UN cannot intervene in the internal affairs of any of its member-countries, according to its charter, that the charter be amended as follows: `Except in a case where genocide becomes part of a country's policy towards its citizens or minorities'."

The motion will be forwarded to the Minister for Foreign Affairs, Mr Andrews, for consideration and legal drafting.

Mr Briscoe said the UN was seen as "a toothless lion" at present. The only way it would survive as a body capable of maintaining world peace was to amend its charter.

"Ireland should be to the fore on this issue, because the Irish people themselves are a nation of survivors, after the Great Famine. And as a Jew, I too am a survivor," he said.

Only five amendments have been made to the UN charter since it was drawn up in 1945, and four of these were procedural, according to the Department of Foreign Affairs.

Any amendment must secure the support of two-thirds of the UN General Assembly, including all five permanent members of the Security Council. In addition, the national parliaments of all supporting countries must ratify the change.

Thus the support of at least 125 states would be needed. Mr Des O'Malley, chairman of the committee, said the Department's view was that this would be "virtually impossible". Major powers which had problems with minorities were likely to use their vetoes against it.

Nonetheless, members of the committee congratulated Mr Briscoe on his initiative. Senator Mick Lanigan, Fianna Fail, said it was hard to see the amendment getting through the UN, but it had his absolute support.

Senator David Norris said that further amendments would be needed in future, but the motion represented "a foot in the door".

Mr O'Malley said there was a danger that the UN would stagnate if it did not find a way of reforming itself easily. It was clear from the situation in Kosovo that it was being by-passed by regional organisation that could claim they were frustrated by its lack of action.

On Burma, the committee agreed to send a message of condolence to the country's elected leader, Ms Aung San Suu Kyi, on the death of her husband. She has been under effective house arrest for many years in Rangoon, apart from her husband who died this week in England.