A/33/PV.63 General Assembly

The General Assembly will now take a decision on the draft resolution entitled "Drafting of an International Convention against the Taking of Hostages", which has been recommended by the Sixth Committee in paragraph 8 of its report [A/33/385]. The report of the Fifth Committee on the administrative and fmancial impli- cations of that draft resolution is contained in document A/33/398. Since the Sixth Committee adopted this draft resolution by consensus, may I take it that the General Assembly wishes to do likewise? o The draft resolution was adopted (resolution 33/19).

I now call on the representative of Isra~l for an explanation of vote.

My delegation did not take part in the discussion on this agenda item in the SiXth Committee, so I wish now, first of all, to associate my delegation with the resolution adopted by consensus a few moments ago. Our general policy towards the fruitful initiative taken by the Federal Republic of Germany a few years ago has been repeatedly placed on record here in earlier sessions. The fact that the General Assembly has been able once again to take this action by consensus is an encouragement. It is our sincere hope that the Ad Hoc Committee, whose mmdate has now been renewed, will be able to complete its work in 1979 and to present us next year with a complete draft convention that will not be A/33/PV.63 6. In the course of the debate suggestions were made to the effect that certain undefined wars of national liberation and those conducting them under a self-awarded title of "liberation organization" should be exempt from the scope of the new convention. In this connexion, it has been further argued that the convention should apply only in time of peace and that in time of war and armed conflicts only the provisions of the Geneva Conventions of 12 August 19491 and th.'.l Additional Protocols of 10 June 19772 to these Conventions should be applicable. I wish to make one brief comment on that idea at this stage. 7. Those instruments specifically prohibit the taking of hostages under all-circumstances by all participants, and this includes .those waging an armed conflict under the title of "liberation organization". Here it is enough for me to mention article 75 of Additional Protocol I of 8 June 1977. Inclusion of any idea such as this in the new convention could only have the harmful effect of opening it up to all sorts of new and at present unforeseen exclusions which would deprive it ofall substance. 8. We also consider it essent: ~ that the new convention should contain explicit provisions to the effect that for the purposes of extradition any offence connected with the taking of hostages should not be regarded as non- extraditable on the ground of its being a political offence. 9. Having regard to paragraph 2 of the resolution just adopted by consensLlS, my delegation is confident that the Ad Hoc Committee will give full consideration to the views I have just expressed and to any further observations that my Government might wish to communicate to it.

The positions of delegations with respect to the recommendations contained in the reports of the Second Committee to the Assembly are reflected in the relevant summary records of the Committee. 14. We shall take up first the report of the Second Committee on agenda item 61 [A/33/395]. We shall now take a decision on the draft resolution entitled "United Nations Institute for TrainLqg and Research", which has been recomraended by the Second Committee in para- graph 8 of its report. The Second Committee adopted that draft resolution without a vote. May I take it that the General Assembly wishes to do likewise?

We now turn to agenda item 67, concerning the Office of the United Nations Disaster Relief Co-ordinator. The report of the Second Committee is contained in document A/33/396. The Assembly will now take a decision on the two draft resolutions recommended by the Second Committee in paragraph 13 of its report. 16. Draft resolution I is entitled "Assistance to the drought-stricken areas of Ethiopia". Since the Second Committee adopted draft resolution I without a vote, may I take it that the General ASsembly also adopts draft resolution I?

Draft resolution II is entitled "Office of the United Nations Disaster Relief Co- ordinator". The Second Committee adopted draft resolu- tion 11 without a vote. May I take it that it is the wish of the General Assembly to adopt draft resolution II?

We shall take up first the report of the Third Committee on agenda item 76[A/33/383]. 24. I call on the representative of EthIopia, who wishes to explain his vote before the voting.

The Ethiopian delegation hu fully outlined its position on agenda item 76 in the Third Committee. Socialist Ethiopia continues to be concerned by the ever-increasing assistance of the imperialist Powers in propping up the racist regimes in southern Africa. My delegation fully supports the draft resoluticn. I have asked to speak in order to indicate that it had been t&e intention of our delegation to sponsor that draft resolution, and we would like the record to reflect that fact. 26. Th.~~ PRESIDENT: We shall now vote on the draft resolution ent!.~led "Adverse consequences for the enjoy- ment of human rights of political, military, economic and other forms of assistance given to' colonial and racist regimes in southern Mrica", which has been recommended by the Third Committee in paragraph 9 of its report [A/33/383]. J~ recorded vote has be~n requested.

I call on the representative of Turkey f01 an explanation of vote. 28. Mrs. DIN~MEN (Turkey): The Turkish delegation voted in favour of the draft resolution in view of the Turkish Government's categorical opposition to the policies of apartheid. My delegation cannot, however, approve the strong language used in certain paragraphs of the draft resolution.

The General Assembly will now , consider the report of the Third Committee on agenda item 82, concerning the importance of the universal realization of the right of peoples to self-determination and of the speedy granting of independence to colonial countries and peoples fer the effective guarantee and observance of human rights. The Third Committee's report is contained in document A/33/371. I shall now call on those repr"senta- tives who wish to explain their votes before the vOtill~.

I should like to thank you, Mr. PreSident, for giving me this opportunity to explain my delegation's position before the vote on this important draft resolution on the universal realization of the right of peoples to self-determination. . 31. The main thrust of this draft resolution is towards emphasizi!lg the importance of the universal realization of the right to self-determination and of the speedy granting of independence to colonial countries and peoples. We fully support and agree with this emphasis. Nevertheless, my delegation will abstain in the vote on the draft resolution as a whole because its operative paragraph 15 takes note of document EjCN.4/Sub.2/405. That document is a report by Mr. Hector Gros Espiell on the implementation of United Nations resolutions relating to the right of peoples under colonial and foreign domination to self- determination. Among ..he Territories where the right to self-determination has not yet been exercised, this report lists the State of Jammu and Kashmir, which is an integral part of India. 3 The delegation of Liberia subsequently informed the Secretariat that it wished to have its vote recorded as having been in favour of the draft resolution. 4 The delegations of the Ivory Coast, Mauritius, Pakistan and Sierra Leone subsequently informed the Secretariat that they wished to have their votes recorded as having been in favour of the draft resolution.

Thank you, Mr. President, for giving me this opportunity to explain my vote on this item which we believe to be of great importance. 34. As my delegation has repeatedly said on every occasion when we have participated in the discussion of item 82, we support all the efforts by the United Nations in the struggle for the exercise by all colonial peoples of the right to self-determination in implementation of resolution 1514 (XV), and by other peoples which are not colonial peop1f:~ but are not yet exercising the right to self- dete;':1nination because the regimes under which they are living deprive them of that right. 35. Hence, we are able to vote for the principles and goals at the basis of the draft resolution adopted by the Third Committee and contained in paragraph 8 of document A/33/371. Nevertheless, we feel that the wording of some of the paragraphs of the draft resolution does not con- tribute to these goals since it reflects ideas that really do not belong in this text. In the first place, we are not certain of the usefulness of including the fifth paragraph of the preamble, relating to a cohference not held under United Nations auspices. There is ~ paragraph in the preamble which refers to the Maputo and Lagos Conferences, both of which were helrJ under United· Nations auspices. The sixth paragraph of the preamble) and operative paragraph 12 of the draft resolution concern a situation on which very important and delicate negotiations are now taking place at the highest level; indeed, such negotiations have been taking place for several months and we hope that they will be crowned with success. We feel that it is neither timely nor realistic to include such paragraphs in the draft resolution now, because it gives the impressian that we are absolutely disregarding what is currently taking place in the world. Moreover, we cannot support the reference in operative paragraph 2 of the draft resolution to "armed struggle", because the United Nations was established precisely to seek peaceful solutions, thus endorsing the predominance of law over force. We also find the wording of operative paragraph 8 incorrect because it mentions by name an organization whose involvement in the facts referred to in the paragraph has not been proved, as has been recognized by the very proponents of the draft resolution. J6. With those reservations, WfJ shall vote in favour of th~ draft resolution cont~ined in the Third Committee's report. We express the hope that next" Year a more balanced and realistic approach will be taken to this item. 37. The PRE~IDENT: I now put to the vote the draft resolution entitled "Importance of the universal realization of the right of peoples to self-determination and of .the speedy granting of independence to colonial countries and peoples for the effective guarantee and observance of human rights", which has been recommended by the Third In favour: Afghanistan, Albania, Algeria, Angola, Argen- tina, Bahrain~ Bangladesh, Barbados, Benin, Bhutan, Bolivia, Botswana, Brazil, Bulgaria, Burma, Burundi, Byelo- russian Soviet Socialist Republic, Cape Verde, Chile, China, Colombia, Congo, Costa Rica~ Cuba, Cyprus, Czecho- slovakia, Democratic yemen, Ecuador, Egypt, Equatorial Guinea, Ethiopia, Fiji, Gambia, German Democratic Re- public, Ghana, Grenada, Guinea, Guinea-Bissau, Guyana, Hungary, Indonesia, Iraq,' Jamaica, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lesotho, Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Mauri- tania, Mongolia, Morocco, Mozambique, Oman, Pakistan, Papua New Guinea, Peru, Philippines, Poland, Qatar, Romania, Rwanda, Samoa, Saudi Arabia, Senegal, Sierra Leone, Singapore, Somalia, Sri Lanka, Sudan, Suriname, Syrhn Arab Republic, Thailand, Togo, Trinidad and To- bago, Tunisia, Turkey, Uganda, Ukrainian Soviet Socialist Republic, Union of So",iet Socialist Republics, United Arab Emirates, United Republic of Cameroon, United Republic cf Tanzania, Upper Volta, Venezuela, Viet Nam, Yugo- slavia, Zambia. Against: Australia, Austria, Belgium, Canada, Denmark, Finlanti, France, Germany, Federal Republic of, Iceland, Ireland, Israel, Italy, Luxembourg, Netherlands, New Zea- land, Norway, Sweden, United Kingdom of Great Britain and Northern Ireland, United States of America. Abstaining: Bahamas, Chad, Dominican Republic, El Salvador, Gabon, Greece, Guatemala, Haiti, Honduras, India, Ivory Coast,S Japan, Mexico, Nepal, Nicaragua, Panama, Portugal, Spain, Swaziland, Uruguay. The draft resolution was adopted by 92 votes to 19, with 20 abstentions (resolution 33/24).6

My delegation voted in favour ~:lf the draft resolution, and we would like to reaffirm our positioL as expressed in the Third Committee, especially regarding operative paragraphs 6 and 12.1 0 39. Mr. VARGAS CAMPOS (Mexico) (interpretation from Spanish): The Mexican delegation wishes to place on record that we felt compelled to abstain in the vote on the draft resolution because it was not possible to vote separately on two operative paragraphs in which, in our view, statements are made which could have been worded more precisely.

I shall now call on those representa- ti'les wishing to speak in explanation of vote after the voi:e \ 40. Nevertheless, Mexico will continue to 'co-operate with the United Nations in all efforts to put an end to colonialism and promote the cause of self-determination for the peoples of Zimbabwe, Namibia, Palestine and South Africa. . 41. Moreover, we deem it essential that measures be ~~~pted prohibiting aggressive acts such as those which have S The delegation of the Ivory Coast subsequently informed the Secretariat tha~ it wished to have its vote recorded as having been in favour of the draft resolution. 6 The delegation of Mauritius subsequently informed the Secre- tariat that it wished to have its vote recorded as having been in favour of the draft resolution. 42. Mrs. DIN~MEN (Turkey): Tne Turkish delegation voted in favour of the draft resolution because the Turkish Government strongly supports the universal right of peoples to self-determination. My delegation, however, regrets that in certain provisions of the draft resolution unduly strong language is used. We would particularly like to reserve our position on operative paragraphs 6 and 8 of the draft resolution just adopted by the General Assembly.

The delegation of Peru voted in favour of the draft resolution because it reaffirms the inalienable right of peoples to self-determination, independence and the full enjoyment of their natural resources, principles which Peru has always supported 44. None the less, my delegation maintains the reserva- tions it expressed in the Committee in connexion with operative paragraphs 2, 8 and 12 of that draft resolution.7

The delegation of Trinidad and Tobago voted for the draft resolution because it supports very strongly the right of all peoples to self-determination. However, we believe that we must maintain the reseIvation which we expressed m Com- mitteeS because we believe that the wording of the draft resolution should have reflected a more balanced por'tion.

The Jamaican delegation voted in favour of the draft resolution. My delegation, however, reiterates the position it took in the Third . Committee9 and asks th~t the Asroembly take note of this position. . 48. The PRESIDENT: I now invite members to turn to the report of the Third Committee on agenda item 85 dealing with the Office of the United Nations High Commissioner for Refugees [A/33/378]. We shall now take a decision on the two draft resolutions recommended by the Third Committee in paragraph 9 of that document. 49. Draft resolution I is entitled "Enlargement of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees". The Third Committee adopted draft resolution I without a vote. May I consider that the General Assembly wishes to do likewise?

We turn now to the report of the Third Committee on agenda item 91, entitled "United Nations conference for an international convention on adoption law", contained in document A/33/379. I invite representatives te turn to the decision of the Third Committee in paragraph 6 of that report. May I consider that the General Assembly takes note of that decision? "Commends the United Nations High Commissioner for Refugees and his staff for the efficient manner in which they continue to discharge their many responsibilities in assisting refugees and displaced persons and takes note with appreciation of the report of the High Commis- sioner, including the report of the Executive Committee of the High Commissioner's Programme on its twenty- ninth session". 51. The Third Committee adopted draft resolution I1~ as revised in the way I have just indicated, without a vote. The meeting rose at 11.55 a.m.