A/33/PV.90 General Assembly

Wednesday, Dec. 20, 1978 — Session 33, Meeting 90 — UN Document ↗

11lIRTY-THIRD SESSION
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— Abstain (4)
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The President [Spanish] #3003
The Assembly has before it the second report of the General Committee on the organization of the Assembly's work. The General Committee's recommendation appears in paragraph 2 of document A/33/250/Add.1. May I take it that the General Assembly wishes to adopt the General Committee's recommendation? Agenda item 59: United Nations Conference on Trade and Development: (a) Report of the Trade and Development Board; (b) Report of the Secretary-General Report of the Second Committee •.•..••...•.• •. Agenda item 27: Question of Namibia (cot.:inued): (c) Appointment of the United NatilJns Commissioner for Namibia .•. .•.••.•.•...••.•....•....•. 1581 Agenda item 60: . . United Nations Industrial Development Organization (con- cluded): (a) Report of the Industrial Development Board; (b) Strengthening of operational activities in the field of industrial development in the least developed among the developing countries: report of the Secretary- General Report of the Second Committee (part 11) •.•••••••• Agenda item 12: Report of the Economic and Social Council (continued) ) Report of the Second Committee (Parts 11 and Ill) •••• Agenda item 59: United Nations Conference on Trade and Development: (a) Report of the Trade and Development Board; (6) Report of the Secretary-General Report of the Second Committee •.•..••...•.• •. Admiutrative and budgetary co-ordination of the United Nations with the specialized agencies and the Inter- natloll81 Atomic Energy Agency: report of the AdYilloly Committee on Administrative and Bud3etary QuestioDl Agenda item 12: Report of the Economic and Social Council (continued) Report of the Third Committee .••••••.•••..•••• 1582 Agenda item 60: United Nations Industrial Development Organization (con- cluded): (a) Report of the Industrial Development Board; (b) Strengthening of operational activities in the field of industrial development in the least developed among the developing countries: report of the SecretaIY- General Report of the Second Committee (part 11) •.•••••••• Alench: item 75: 1590 Draft Convention on the Elimination of Discrimination apinst Women Report of the Third Committee • . • • • . • • • • • • • . ••• Penonnel questions: (a) Composition of the Secretariat: report of the Secretary-General; (6) Other personnel questions: reports of the Secretary- General Agenda item 12: Report of the Economic and Social Council (continued) aeport of the Third Committee .•••••..•••.. •••• Agench: item 75: 1590 Draft Convention on the Elimination of Discrimination apinst Women Report of the Third Committee • . • • • . • • . • • • • . ••• NEW YOlK President: Mr. Indalecio LIEVANO (Colo Agenda item 88: United Nations Decade for Women: Equality, Development and Peace: reports of the Seeretary-General Report of the Third Committee •••.•..•.• ••••••• AGENDAITEM 8 Adoption of the agenda (concluded)* SECOND REPORT OF THE GENERAL COMM (A/33/250/ADD.I) President: Mr. Indalecio LIEVANO (Colombia). 1. The PRESIDENT (interpretation from Span Assembly has before it the second report of th Committee on the organization of the Assemb The General Committee's recommendation a paragraph 2 of document A/33/250/Add.L May that the General Assembly wishes to adopt th Committee's recommendation?

60.  —

Vote: 31/100 Consensus

8.  Adoption of the agenda (concluded)· SECOND REPORT OF THE GENERAL COMMITIEE (A/33/250/ADD.1)

The recommendation was adopted(decision 33/
The recommendation was adopted (decision 33/432).

110.  • Resumed from the 88th meeting. 1577 A REPORT OF THE FIFTH COW.1ITTEE (A/33/S2S) • Resumed from the 88th meeting. 3. The report of the Fifth Committee on agenda item 105 is contained in document A/33/528. The Fifth Committee adopted draft resolutions A and B contained in paragraph 7 of the report by consensus. 4. The report of the Fifth Committee qn item 110 is contained in document A/33/525. The Fifth Committee adopted the draft resolution ~ontained in paragraph 27 of that report by a vote. The Fifth Committee also decided, 5. In conclusion, I hope that the two reports of the Fifth Committee will be accepted and adopted by the General Assembly. withcu~ objection, to recommell~to the General Assembly, in paragraph 28, the adoption of the text of a new Staff Regulation concerning non-payment of salary to staff m\}mbers in respect of periods of unauthorized absence from work, to be incorporated into the Staff Regulations of the United Nations as paragraph 10 of annex I. Pursuant to rule 66 of the rules of procedure, it was decided not to discuss the reports of the Fifth Committee.

The President [Spanish] #3004
The •General Assembly will now consider the report of the Fifth Committee on agenda item 105 [A/33/528]. Weshall now take a decision on draft resolutions A and B grouped under the heading "Administrative and budgetary co-ordination of the United Nations with the specialized agencies and the International Atomic Energy Agency", which have been recommended by the Fifth Committee in paragraph 7 of its report. We will take first draft resolution A. The Fifth Committee adopted draft resolution A without objection. May I take it that the General Assembly wishes to do likewise? 5. In conclusion, I hope that the two reports of the Fifth Committee will be accepted and adopted by the General Assembly. 1!ursuant to rule 66 of the rules of procedure, it was decided not to discuss the reports of the Fifth Committee.

60.  United Nations Industrial Development Organization (con- cluded):** (a) Report of the Industrial Development Board; (b) Strengthening of operational activities in the field of industrial development in the least developed among the developing countries: report of the Secretary- General

Vote: 31/37 Consensus
The President [Spanish] #3005
The •General Assembly will now consider the report of the Fifth Committee on agenda item 105 [A/33/528]. We shall now take a decision on draft resolutions A and B grouped under the heading "Administrative and budgetary co-ordination of the United Nations with the specialized agencies and the International Atomic Energy Agency", which have been recommended by the Fifth Committee in paragraph 7 of its report. We will take fust draft resolution A. The Fifth Committee adopted draft resolution A without objection. May I take it that the General Assembly wishes to do likewise? Draft resolution A wasadopted (resolution 33/142 A).
The President [Spanish] #3006
We now turn to draft resolution B in paragraph 7 of document A/33/528. The Fifth Committee adopted draft resolution B without objection. May I take it that the General Assembly wishes to do likewise? Draft resolution B wasadopted (resolution 33/142 B).
Draft resolution A was adopted (resolution 33/142 A).
Vote: 32/95 Recorded Vote
✓ 102   ✗ 5   35 abs.
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✓ Yes (99)
The President [Spanish] #3007
The General Assembly will now proceed to the consideration of the Fifth Committee's report on item 110 fA/33/525J.
The President [Spanish] #3008
We now turn to draft resolution B in paragraph 7 of document A/33/528. The Fifth Committee adopted draft resolution B without objection. May I take it that the General ASllembly wishes to do likewise? 9. I call on the representative of Saudi Arabia, who wishes to introduce an amendment.
Vote: 31/169 Consensus
Draft resolution B was adopted (resolution 33/142 B).
Mr. Baroody SAU Saudi Arabia #3009
I wish to make a simple amendment to paragraph 1 (g) in section I of the
The President [Spanish] #3010
The General Assembly will now proceed to the consideration of the Fifth Committee's report on item 110fA/33/525J. 9. I call on the representative of Saudi Arabia, who wishes to introduce an amendment.
Mr. Baroody SAU Saudi Arabia #3011
r wish to make a simple amendment to paragraph 1 (g) in section I of the 11. r believe there will be no differences-at least none of the alleged differences-between the Fifth Committee, representing the General Assembly, and the personnel of the United Nations. I thought that the Fifth Committee finally acted moderately, although some of its members were adamant about the positions they had taken. Like- wise, I believe the staff members have shown a reasonable attitude. In this spirit th.at now prevails, I will later read the amendment formally. 12. However, it is my following points. Staff category they belong, s Assembly as persons of not only us, but even to of the Assembly and the same worth and dignity. Declaration of Human inscribed in the Charter o importance; we are dealin dignity. 12. However, it is my sacred duty to make clear the following points. Staff members, no matter to what category they belong, should be treated by the General Assembly as persons of equal worth and dignity, equal to not only us, but even to our Chiefs of State, the President of the Assembly and the Secretary-General. They have the same worth and dignity. This is enunciated in the Universal Declaration of Human Rights and before that it was inscribed in the Charter of the United Nations. Rank has no importance; we are dealing with persons of equal worth and dignity. 13. I have addressed Members, but now I hav the Secretariat, some of rights, and I have found have told them, for heav to work quietly with th project a most unsatisfac There are many critics o walls; we do not want those critics with their 13. I have addressed these remarks to ourselves, the Members, but now I have to address also the members of the Secretariat, some of whom have stood up for their rights, and I have found that they are legitimate rights. I have told them, for heaven's sake, not to demonstrate, but to work quietly with the Secretariat and with us, lest we project a most unsatisfactory picture to the outside world. There are many critics of the United Nations outside these walls; we do not want to give them fuel to burn us up, those critics with their salacious tongues and propaganda. 14. I have noted that the sides and this is what amendment, which is delegation of France for h insist on the requirement members of that delegati they can be-although th However, I must say fro and not only in the Uni high school students who only materially-as inve cutives-but also because what to do and what not of some members of the they are dedicated to th United Nations and if th of the United Nations, al university degrees, they s but in achievement in th professionals, starting wit 14. I have noted that there is genuine reasonableness on all sides and this is what has driven me to propose this amendment, which is very simple. I must thank the delegation of France for having been so reasonable as not to insist on the requirement of a university degree. I think the members of that delegation have shown how magnanimous they can be-although they are entitled to their own views. However, I must say from my personal experience in life, and not only in the United Nations, that there are many high school students who have made good in the world, not only materially-as inventors, as administrators, as exe- cutives-but also because they have learned by experience what to do and what not to do. In the same way we expect of some members of the General Service category that, if they are dedicated to the principles and purposes of the United Nations and if they commit themselves to the work of the United Nations, although they may not be holders of university degrees, they should rise very high, not in space, but in achievement in the work of the United Nations, as professionals, starting with grades P-l and P-2. 15. Therefore, my good ment now in a succinct f hope that no one will ra _.-~; 15. Therefore, my good colleagues, I will give myamend- ment now in a succinct form. It is a very simple one and I hope that no one will raise any doubts about the intention 17. Parenthetically, although I am a holder of high educational degrees, I want to tell you that in the last 10 or 15 years I have found that those who think that a piece of paper, a diploma, gives them something-an aura or something exceptional-are wrong. Many Ph.Ds and M.A.s are all very well academically in the classroom, but they are sometimes worth next to zero when it comes to practical life, whether it is in the United Nations or in the business world. However, this does not apply to all of them. 16. This is on the understanding that we have full confidence in our illustrious Secretary-General and in his aides, who are dedicated to the United Nations. We hope that they will see to it that the examinations are set in such a way as to promote only those who are worthy. The professionals should welcome those staff members from the General Service category, because they will have had five years' experience. If such staff members acquit themselves well, why not? 18. Therefore, we should not lay emphasis on educational attainment by way of diplomas. Between you and me, I have heard of fourth-class universities and colleges where the teachers close their eyes if someone writes a thesis for one of their students, and this involves a fee on the side of $1,000 or $1,500. So diplomas are now for sale in many parts of the world, including the host country. 17. Parenthetically, although I am a holder of high educational degrees, I want to tell you that in the last 10 or 15 years I have found that those who think that a piece of paper, a diploma, gives them something-an aura or something exceptional-are wrong. Many Ph.Ds and M.A.s are all very well academically in the classroom, but they are sometimes worth next to zero when it comes to practical life, whether it is in the United Nations or in the business world. However, this does not apply to all of them. 19. I hope representatives will accept this amendment of mine in good faith, as coming from someone who has been in touch with Secretariat members since the inception of the United Nations. 18. Therefore, we should not lay emphasis on educational attainment by way of diplomas. Between you and me, I have heard of fourth-class universities and colleges where the teachers close their eyes if someone writes a thesis for one of their students, and this involves a fee on the side of $1,000 or $1,500. So diplomas are now for sale in many parts of the world, including the host country.
The President [Spanish] #3012
I call on the representative of Senegal, who wishes to explain his vote before the vote.
Mr. Fall SEN Senegal [French] #3013
At the 61st meeting of the Fifth Committee, held on Thurs- day, 14 December, my delegation, while approving in general the draft resolution on personnel questions, never- theless felt obliged to make strong reservations about the provisions of paragraph 1 (g) of section I of the draft resolution, in view of the conditions set for the promotion of General Service staff to the Professional category and also the limit of 25 per cent indicated in that paragraph. 19. I hope representatives will accept this amendment of mine in good faith, as coming from someone who has been in touch with Secretariat members since the inception of the United Nations.
The President #3014
I call on the representative of Senegal, who wishes to explain his vote before the vote. 22. Indeed, my delegation is among those which have deplored and criticized the limited and arbitrary nature of the opportunities for promotion provided for in subpa- ragraph(g). In this regard, we added that we would give our firm support to a more flexible and more generous provision for the General Services personnel, who are entitled to our sympathy and our attentive encouragement. On the strength of those considerations, my delegation made it clear that it would have voted in favour of any proposal to raise the limit to 30 per cent, if such an amendment had been submitted.
Mr. Fall SEN Senegal #3015
At the 61st meeting of the Fifth Committee, held on Thurs- day, 14 December, my delegation, while approving in general the draft resolution on personnel questions, never- theless felt obliged to make strong reservations about the provisions of paragraph 1 (g) of section I of the draft resolution, in view of the conditions set for the promotion of General Service staff to the Professional category and also the limit of 25 per cent indicated in that paragraph. 22. Indeed, my delegation is among those which have deplored and criticized the limited and arbitrary nature of the opportunities for promotion provided for in subpa- ragraph (g). In this regard, we added that we would give our firm support to a more flp.xible and more generous provision for the General Services personnel, who are entitled to our sympathy and our attentive encouragement. On the strength of those considerations, my delegation made it clear that it would have voted in favour of any proposal to raise the limit to 30 per cent, if such an amendment had been submitted. 24. In so doing, I should like to ~xpress once again our total confidence in the Secretary-General, who will be able to put into effect this dynamic compromise with prudence and discernment. 26. The Secretary-General has expressed a desire a statement to the General Assembly in connexion item after the vote.
The President #3016
We shall now take decisions on the draft resolution entitled "Personnel questions", which has been recommended by the Fifth Committee in paragraph 27 of its report IAI 33/525/ and on the amendment to that draft resolution introduced by the representative of Saudi Arabia. 27. In accordance with rule 90 of the rules of pr the Assembly will first vote on the Saudi Arab amendment to replace the words "25 per cent': by cent" in paragraph 1 (g) of section I of the draft re A recorded vote has been requested. A recorded vote was taken. In favour: Algeria, Argentina, Australia, Austria, Bangladesh, Barbados, Belgium, Benin, Bhutan, Botswana, Brazil, Burma, Burundi, Canada, Cap Central African Empire, Chile, China, Colombia Costa Rica, Cuba, Cyprus, Democratic Yemen, D Djibouti, Dominican Republic, Ecuador, Egypt, dor, Equatorial Guinea, Ethiopia, Fiji, Finland, Gabon, Gambia, Germany, Federal Republic of Greece, Guatemala, Guinea, Guinea-Bissau, Guyan Honduras, Iceland, India, Indonesia, Iran, Iraq, Israel, Italy, Ivory Coast, Jamaica, Japan, Jordan Kuwait, Lebanon, Lesotho, Liberia, Libyan Ara hiriya, Luxembourg, Madagascar, Malawi, Mab-- dives, Mali, Malta, Mauritania, Mauritius, Mexic, M Mozambique, Nepal, Netherlands, New Zealand, N Niger, Nigeria, Norway, Oman, Pakistan, Panam New Guinea, Paraguay, Peru, Philippines, Portuga Rwanda, Samoa, Sao Tome and Principe, Saud Senegal, Sierra Leone, Singapore, Somalia, Sp Lanka, Sudan, Suriname, SwaziIand, Sweden, Syr Republic, Thailand, Togo, Trinidad and Tobago, Turkey, Uganda, United Arab Emirates, United Kin Great Britain and Northern Ireland, United Rep Cameroon, United Republic of Tanzania, United America, Upper Volta, Uruguay, Venezuela, Yemen lavia, Zambia 26. The Secretary-General has expressed a desire to make a statement to the General Assembly in connexion with this item after the vote. 27. In accordance with rule 90 of the rules of procedure, the Assembly will first vote on the Saudi Arabian oral amendment to replace the words "25 per cent': by "30 per cent" in paragraph 1 (g) of section I of the draft resolution. A recorded vote has been requested.
A recorded vote was taken.
A recorded vote mzs taken.
The President #3017
I now can on the Secretary-General. Against: None Abstaining: Bulgaria, Byelorussian Soviet Socialist Repu- blic, Czechoslovakia, El Salvador, German Democratic Republic, Hungary, Mongolia, Poland, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics
The Secretary-General #3018
The General Assembly has just adopted an important resolution on personnel questions which is not only of irtense interest to Member States but also of deep concern to the staff and to me as Secretary-General. It relates to this Organization's mana- gement of its human resources and to my responsibilities under Article 97 of the Charter as the chief administrative officer of this Organization. The draft re.'i:olution, as amended, was adopted by 132 votes to none, with 10 abstentions (resolution 33/143).
The President [Spanish] #3019
I now call on the Secretary-General. 31. I take note of the requests -;;1Gressed to me by the General Assembly in this resolution and I shall exercise my best judgement in responding to those requests with the interests of the Organization in mind.
The Secretary-General #3020
The General Assembly has just adopted an important resolution on personnel questions which is not only of irtense interest to Member States but also of deep concern to the staff and to me as Secretary-General. It relates to this Organization's mana· gement of its human resources and to my responsibilities under Article 97 of the Charter as the chief administrative officer of this Organization. 32. It is well known that certain provisions of this resolution have aroused deep anxieties among the staff, who have manifested their concern in ways with which the Assembly is familiar. The paragraph of the resolution 31. I take note of the requests 'i~~;:essed to me by the General Assembly in this resolution and I shall exercise my best judgement in responding to those requests with the interests of the Organization in mind. 32. It is well known that certain provisions of this resolution have aroused deep anxieties among the staff, who have manifested their concern in ways with which the Assembly is familiar. The paragraph of the resolution 33. I would add, in th the provisions of the res I intend to consult w accordance with staff re Joint Advisory Commit clearly matters which in to "personnel policies welfare". 34. Before concluding to comments made in ing! and on other occ thorough review jof th nization carries o/ut its w repeatedly to the fact t Members, is still trying 120 to 130 items within the Organization's orig the discussion of 20 to factor which, as I am su agree, contributes in lar we now find ourselves. assist' in the solution o intention to give this m forward with concrete to consider them at its t 33. I would add, in this connexion, that in implementing the provisions of the resolution as it has now been approved I intend to consult with representatives of the staff in accordance with staff regulations 8.1 and 8.2, through the Joint Advisory Committee, since the questions involved are clearly matters which in the words of regulation 8.2 relate to "personnel policies and general questions of staff welfare". 34. Before concluding, may I also make a brief reference to comments maQe in the General Committee tlm morn- ing! and on oth~r occasions recently as to the need for a thorough review lof the procedures by which this Orga- nization carries o/ut its work. I myselfhave drawn attention repeatedly to the fact that the General Assembly, with 151 Members, is still trying to dispose each year of as many as 120 to 130 items within the same three-month period that the Organization's original 51 Member States devoted to the discussion of 20 to 30 items in earlier years..That is a factor which, as I am sure all members of the Assembly will 35. The PRESIDENT shall now call on those their vote. agr~e, contributes in large part to the difficulties in which we now tmd ourselves. The pressures of time do not always assist in the solution of our problems. It is therefore my intention to give this matter intensive study and to come forward with concrete proposals in time for the Assembly to consider them at its thirty-fourth session. 36. Mr. PASTINEN (Fi that has characterized t Personnel Questions, th favour of the draft reso adopted. The resolution work of that Working delegation .wishes to st the paramount importa efficiency, competence the staff, as provided Nations and as expresse paragraph of the resoluti
The President [Spanish] #3021
I shall now call on those representatives who wish to explain their vote.
Mr. Pastinen FIN Finland #3022
In the spirit of compromise that has characterized the work of the Working Group on Personnel Questions, the delegation of Finland voted in favour of the draft resolution which the Assembly has just adopted. The resolution is, as we know, the product of t.be work of that Working Group. In doing so, however, my delegation .wishes to stress, as it has continually stressed, the paramount importance of the highest standards of efficiency, competence and integrity in the employment of the staff, as provided for in the Charter of the United Nations and as expressed, indeed, in the fourth preambular paragraph of the resolution just adopted. 38. My delegation has been reinforced in that beliefby the statement which the Secretary-General was good enough to make a moment ago to the Assembly on this matter. 40. We sincerely hope that the necessary revision of staff rules and procedures ir regard to the empioyment of women, long overdue, wJI be made without further delay. Also, in the deliberations leading to the large convergence of views on the resolution lust adopted, my delegation, together with others, urged that greater emphasis should be placed on career development within the Secretariat.
Mr. Andersson SWE Sweden #3023
My delegation voted for the adoption of the draft resolution in document A/33/525 as amended and fully supports section III of the draft resolution regarding the employment of women. My delega- tion was a sponsor of a separate draft resolution designed to assure equal employment and career development oppor- tunities for women, before that draft resolution became section III of the resolution just adopted. I;1 " 41. My delegation would like to recall what are called the "Hammarskjold principles" of a truly international and independent Secretariat, with the highest standards of integrity and performance, as required by the Charter. There is no contradiction between the demand for a truly international and independent Secretariat and the demand, also expressed in the Charter, for as wide a geographical distribution of posts within the Secretariat as possible. Thus, my delegation is in full agreement with that demand, which is one of the principal aims of the resolution just adopted. 40. We sincerely hope that the necessary revision of staff rules and procedures ir regard to the empioyment of women, long overdue, will be made without further delay. Also, in the deliberations leading to the large converger.~e of views on the resolution !ust adopted, my delegation, together with others, urged that greater emphasis should be placed on career development within the Secretariat. 41. My delegation would like to recall what are called the "H&mmarskjold principles" of a truly international and independent Secretariat, with the highest standards of integrity and performance, as required by the Charter. There is no contradiction between the demand for a truly international and independent Secretariat and the demand, also. expressed in the Charter, for as wide a geographical distribution of posts within the Secretariat as po~ible. Thus, my delegation is in full agreement with that demand, which is one of the principal aims of the resolution just adopted. 42. However, my delegation is concerned about the percentage limitation in paragraph 1(g) of section I. My delegation has reservations regarding a provision whereby a candidate who meets the other requirements.of para- graph 1 (g) of the resolution could be prohibited from advancing to the P-l or P-2level solely on the grounds that he or she belongs to the General Service category. Thus my delegation agrees with the following statement made by the Chairman of the Staff Committee and contained in Fifth Committee Conference Room Paper No. 7: "The standards applied to General Service staff must not be more rigorous than those applied to outside recruits ...". 42. Howeyer, my delegation is concerned about the percentage limitation in paragraph I (g) of section I. My delegation has reservations regarding a provision whereby a candidate who meets the other requirements of para- graph I (g) of the resolution could be prohibited from advancing to the P-I or P-2level solely on the grounds that he or she belongs to the General Service category. Thus my delegation agrees with the follOWing statement made by the Chairman of the Staff Committee and contained in Fifth Committee Conference Room Paper No. 7: "The standards applied to General Service staff must not be more rigorous than those applied to outside recruits ...". 43. In the opinion of my delegation, the position of the Secretary-General as chief administrative officer should be reaffirmed, and Member States should refrain from undue interference with his role in the decision-making process in regard to personnel questions.
Vote: 31/37 Consensus
Mr. Fokine Union of Soviet Socialist Republics [Russian] #3024
The Soviet delegation voted against the amendment submitted by the representative of Saudi Arabia because of our understanding, which we reached at the most recent stage of the work on the draft resolution in document A/33/525, that no new amend-
The President [Spanish] #3025
Document A/33/477 contains a note by the Secre- tary-General on item 27 (c) relating to the appointment of the United Nations Commissioner for Namibia in which the Secretary-General proposes the extension of the appoint- ment of Mr. Martti Ahtisaari as United Nations Commis- sioner for Namibia for a further one-year term, unill 31 December 1979. May I take it that the General Assembly approves the Secretary-General's proposal? 44. Mr. FOKINE (Union of Soviet Socialist Republics) (interpretation from Russian): The Sovi~t delegation voted against the amendment submitted by the representative of Saudi Arabia because of our understanding, which we reached at the most recent stage of the work on the draft resolution in document A/33/525, that no new amend- 43. In the opinion of my delegation, the position of the Secretary-General as chief administrative officer should be reaffirmed, and Member States should refrain from undue interference with his role in the decision-making process in regard to personnel questions.

11.  —

The President [Spanish] #3026
I now invite delegations to turn to the draft decision recommended by the Fifth Committee in paragraph 28 of its report [A/33/525J. The Fifth Committee adopted that draft decision without objection. May I take it that the General Assembly wishes to do likewise? Report of the Security Council 46. The PRESIDENT (interpretation from Spanish shall now consider the report of the Security Counc the period 16 June 1977 to 16 June 1978[A/33/2J. M consider that the General Assembly takes note of the r of the Security Council?
The draft decision was adopted (decision 33/433).
It was so decided (decision33/434)

11.  Report of the Security Council AGENDAITEM 26

The President [Spanish] #3027
We shall now consider the report of the Security Council fer the period 16 June 1977 to 16 June 1978[A/33/2J. May I consider that the General Assembly takes note of the report of the Security Council? Qqestion of the Comorian island of Mayotte: report of the Secretary-General 47. The PRESIDENT (interpretation from Spanish) lack of time it has not been possible to consider this it have gathered, however, after appropriate consulta that it is the wish of the African group of States tha item should be included in the provisional agenda o thirty-fourth session of the General Assembly. May I ta that the Assembly decides to include the item in provisional agenda of the thirty-fourth session?
It was so decided (decision 33/434)

26.  Qqestion of the Comorian island ofMayotte: report of the Secretary-General

It was so decided (decision 33/435)
The President [Spanish] #3028
For lack of time it has not been possible to consider this item. I have gathered, however, after appropriate consultations, that it is the wish of the African group of States that this item should be included in the provisional agenda of the thirty-fourth session of the General Assembly. May I take it that the Assembly decides to include the item in the provisional agenda of the thirty-fourth session?

27.  Question of Namibia {continued]:" (c) Appointment of the United Nations Commission N8IDlDia 48. The PRESIDENT (interpretation from Spa Document A/33/477 contains a note by the S tary-General on item 27 (c) relating to the appointme the United Nations Commissioner for Namibiain whic Secretary-General proposes the extension of the app ment of Mr. Martti Ahtisaari as United Nations Com sioner for Namibia for a further one-year term, un December 1979. May I take it that the General Asse approves the Secretary-General's proposal?

It was so decided (decision 33/435)

27.  Question of Namibia :* (c) Appointment of the United Nations Commissioner for Nanuoia

It wasso decided (decision 33/322).
It was so decided (decision 33/322).
The President [Spanish] #3029
The General Assembly will now take up the reports of the Second Committee on agenda items 12,59 and 60. Pursuant to rule 66 of the roles of procedure, it was decided not to discuss the reports of the Second Com- - mittee. , REPORT OF THE SECOND COMMITTEE (pART Il) (A/33/399/ADD.l)
The President [Spanish] #3030
The General Assembly will first consider parts 11 and III of the report of the Second Committee on agenda item 12.3
Vote: 32/413 Recorded Vote
✓ 58   ✗ 1   76 abs.
Show country votes
— Abstain (4)
✓ Yes (121)
The President [Spanish] #3031
The General Assembly will now take up the reports of the Second Committee on agenda items 12,59 and 60. 51. I invite representatives to turn first to part 11 of the report contained in document A/33/446/Add.1. We shall take a decision on the various recommendations of the Second Committee to be found in paragraphs 32 and 33. Pursuant to rule 66 of the rules of procedure, it was decided not to discuss the reports of the Second Com- - mittee. 52. Draft resolution I in paragraph 32 is entitled "Role of the public sector in promoting the economic development of developing countries". The Second Committee adopted that resolution without a vote. May I take it that the General Assembly wishes to do the same?

88.  United Nations Decade for Women: Equality, Development and Peace: reports of the Secretary-General 122. Document A/33/S09 on the report of the Economic and Social Council contains 15 draft resolutions. They are contained in paragraph 65 of the report. Draft resolution I deals with migratory labour in southern Africa and was adopted without a vote. Draft resolution 11 refers to measures to improve the situation and ensure the human rights and dignity of migrant workers. Draft resolution III refers to assistance to South African student refugees and was adopted without a vote. Draft resolution IV refers to the status of persons refusing service in military or police forces used to enforce apartheid. It was adopted without a vote. "Draft resolution V refers to the question of a convention on the rights of the child. It was adopted without a vote. Draft resolution VI concerns regional arrangements for the promotion and protection of human rights. It was adopted without a vote. Draft resolution VII refers to narcotic drugs. I understand that this includes REPORT OF THE THIRD COMMITTEE (A/33/479) 121. Miss RICHTER (Argentina), Rapporteur of the Third Committee (interpretation from Spanish): I have the honour to introduce the reports of the Third Committee on agenda items 12, 75, 83 and 88. 122. Document A/33/509 on the report of the Economic and Social Council contains 15 draft resolutions. They are contained in paragraph 65 of the report. Drcift resolution I deals with migratory labour in southern Africa and was adopted without a vote. Draft resolution 11 refers to measures to improve the situation and ensure the human rights and dignity of migrant workers. Draft resolution III refers to assistance to South African student refugees and was adopted without a vote. Draft resolution IV refers to the status of persons refusing service in military or police forces used to enforce apartheid. It was adopted without a vote•. Draft resolution V refers to the question of a convention on the rights of the child. It was adopted without a vote. Draft resolution VI concerns regional arrangements for the promotion and protection of human rights. It was adopted without a vote. Draft resolution VII refers to narcotic drugs. I understand that this includes 123. The report of th A/33/468 on agenda ite vention on the Elimin Women contains in para item which was adopted 124. The report of th A/33/471 on agendaitem draft resolutions which without a vote. Draft other cruel, inhuman o ment. Draft resolution 1 for Law Enforcement Of 123. The report of the Third Committee in document A/33/468 on agenda item 75, concerning the Draft Con- vention on the Elimination of Discrimination against Women contains in paragraph 9 a draft resolution on this item which was adopted by the Committee without a vote. 125. Document A/33/4 Committee on agenda ite eight draft resolutions o Women: Equality, Devel inform delegations at thi Committee was submitte ber and distributed by Draft resolution I relates ment of the status and r the economic and soc equality between men a implications. Draft resol the subtheme "Employm the World Conference o Women. Draft resolution the reporting system o adopted without a vote Draft resolution IV refer Training Institute for th adopted without a vote Draft resolution V relate United Nations Decade f a vote and has no fmanci relates to the World C Decade for Women: Eq Draft resolution VII re World Conference of Women: Equality, Devel without a vote and has resolution VIII concerns 124. The report of the Third Committee in document A/33/471 on agenda item 83 contains, in paragraph 15, two draft resolutions which were adopted by the Committee without a vote. Draft resolution I refers to torture and other cruel, inhuman or degrading treatment or punish- ment. Draft resolution 11 refers to a draft Code of Conduct for Law Enforcement Officials. 125. Document A/33/479 contains the report of the Committee on agenda item 88. In paragraph 27, it contains eight draft resolutions on the United Nations Decade for Women: Equality, Development and Peace. I should like to inform delegations at this time that the report of the Third Committee was submitted by the Rapporteur on 8 Decem- ber and distributed by the Secretariat on 12 December. Draft resolution I relates to the importance of the improve- ment of the status and role of women in education and in the economic and social fields for the attainment of equality between men ~md women, and has no financial implications. Draft resolution 11 refers to the adoption of the subtheme "Employment, Health and Education" for the World Conference of the United Nations Decade for Women. Draft resolution III refers to the rationalization of the reporting system on the status of women. It was adopted without a vote and has no financial implications. Draft resolution IV refers to the International Research and Training Institute for the Advancement of Women. It was adopted without a vote and has no financial implication!:. Draft resolution V relates to the Voluntary Fund for the United Nations Decade for Women. It was adopted without a vote and has no fmancial implications. Draft resolution VI relates to the World Conference of the United Nations Decade for Women: Equality, Development and Peace. Draft resolution VII refers to the preparations for the World Conference of the United Nations Decade for Women: Equality, Development and Peace. It was adopted without a vote and has no financial implications. Draft resolution VIII concerns the venue of the World Conference

Vote: 32/95 Consensus
The President [Spanish] #3032
The General Assembly will fIrst consider parts Il and III of the report of the Second Committee on agenda item 12.3 51. I invite representatives to turn first to part Il of the report contained in document A/33/446/Add.1. We shall take a decision on the various recommendations of the Second Committee to be found in paragraphs 32 and 33.
Draft resolution I was adopted (resolution 33/144).
The President [Spanish] #3033
Draft resolution 11 is entitled "Sixth replenishment of the International Development Association and recapitalization of the World Bank". The Second Committee adopted that draft resolution without a vote. May I take it that the General Assembly wishes to do the same? 52. Draft resolution I in paragraph 32 is entitled "Role of the public sector in promoting the economic development of developing countries". The Second Committee adopted that resolution without a vote. May I take it that the General Assembly wishes to do the same? Draftresolution 11was adopted (resolution 33/145). • Resumed from the 88th meeting. .. Resumed from the 85th meeting. 3 For part I of the report of the Second Committee on agenda item 12, see the 88th meeting, paras. 79-80 and 85-108.
Draft resolution I was adopted (resolution 33/144).
The President [Spanish] #3034
Draft resolution II is entitled "Sixth replenishment of the International Development Association and recapitalization of the World Bank". The Second Committee adopted that draft resolut.ion without a vote. May I take it that the General Assembly wishes to do the same? Draftresolution 11 was adopted (resolution 33/145). • Resumed from the 88th meeting. •• Resumed from the 85th meeting. 3 For part I of the report of the Second Committee on agenda item 12, see the 88th meeting, paras. 79-80 and 85-108.
A recorded vote was tak
Draft resolution III was adopted (resolution 33/146).
Vote: 31/169 Consensus
The President [Spanish] #3035
Draft resolution IV is entitled "Assistance to the Palestinian people". On this draft resolution a recorded vote has been requested. 4 Seealso the 95th meeting 56. The PRE~mENT(interpretation from Spanish): Draft resolution'V is entitled "United Nations Conference on New and Renewable Sources of Energy". The Second Conunittee adopted draft resolution V without a vote. May I consider that the General Assembly wishes to do likewise?
A recorded vote was taken.
Draft resolution IV was 35 abstentions (resolution
Draft resolution V was a
Vote: 32/97 Consensus
Draft resolution IV was adopted by 102 votes to 5, with 35 abstentions (resolution 33/147).
Draft resolution V was adopted (resolution 33/118}.4
The President [Spanish] #3036
I shall now call on those delegations that wish to explain their positions at this stage. The recommendation lmS adopted (decision 33/436).
The President [Spanish] #3037
I now invite representatives to turn to document A/33/44/ Add.2, which contains part III of the report of the Second Committee. May I consider that the General Assembly takes note of part III of the report? It was so decided (decision 33/437;
Vote: 32/98 Consensus
Mr. Lazarevic YUG Yugoslavia on behalf of delegations of Argentina #3038
I wish to state the following on behalf of the delegations of Argentina, Pakistan and Yugoslavia with regard to draft resolution V, on the United Nations Conference on New and Renewable Sources of Energy [A/33/446/Add.l], which hasjust been adopted.
The President [Spanish] #3039
I shall now call on those delegations that wish to explain their positions at this stage. 61. The three aforementioned delegations joined the consensus, as they considered that the resolution on the Conference on New and Renewable Sources of Energy constituted a significant successof the thirty-third session of the General Assembly. The resolution will initiate a new era of co-operation which willbe of great importance to all countries, particularly to developing ones. The three coun- tries have had no doubts as to the necessity of developing international co-operation in this field, although in this case co-operation is limited exclusively to new and renewable sources of energy. All developing countries are unanimous in supporting this action.
Mr. Lazarevic YUG Yugoslavia on behalf of delegations of Argentina #3040
I wish to state the following on behalf of the delegations of Argentina, Pakistan and Yugoslavia with regard to draft resolution V, on the United Nations Conference on New and Renewable Sources of Energy [A/33/446/Add.l], which has just been adopted. I, 61. The three aforementioned delegations joined the consensus, as they considered that the resolution on the Conference on New and Renewable Sources of Energy constituted a significant success of the thirty-third session of the General Assembly. The resolution will initiate a new era of co-operation which will be of great importance to all countries, particularly to developing ones. The three coun- tries have had no doubts as to the necessity of developing international co-operation in this field, although in this case co-operation is limited exclusively to new and renewable sources of energy. All developing countries are unanimous in supporting this action. 62. The support of our three delegations for the draft resolution has never.been in doubt. As it is now, our three countries express the viewthat the scope of the Conference as determined in operative paragraph 3 inadequately ex- pressesor reflects the various interests of all States, or their present, and, more particularly, future energy needs-and this within the context of the rapid development of their economies. 63. For these reasons, the delegations of the three countries continue to believe that the content of the Conference on New and Renewable Sources of Energy would be more ample ifit also encompassed nuclear energy as one of the most important sources for the energyneeds of many countries in the immediate future. Although we do not underestimate the importance of other aspects linked to the peaceful uses of nuclear energy, or overlook the fact that many questions have remained unsolved, we continue to believe that it is indispensable to consider the question of nuclear energy, if not today, then certainly later, in the United Nations, with the participation of all countries, on an equal footing. The Conference on New and Renewable Sources of Energy will provide an opportunity preciselyfor this. We only regret to note that a very favourable opportunity to deal with nuclear energy has been missed. .•lit'a.~ ··c , 1 i I Ii 62. The support of our three delegations for the draft resolution has never. been in doubt. As it is now, our three countries express the view that the scope of the Conference as determined in operative paragraph 3 inadequately ex- presses or reflects the various interests of all States, or their present, and, more particularly, future energy needs-and this within the context of the rapid development of their economies. 1I [1 I 63. For these reasons, the delegations of the three countries continue to believe that the content of the Conference on New and Renewable Sources of Energy would be more ample ifit also encompassed nuclear energy as one of the most important sources for the energy needs of many countries in the immediate future. Although we do not underestimate the importance of other aspects linked to the peaceful uses of nuclear energy, or overlook the fact that many questions have remained unsolved, we continue to believe that it is indispensable to consider the question of nuclear energy, if not today, then certainly later, in the United Nations, with the participation of all countries, on an equal footing. The Conference on New and Renewable Sources of Energy will provide an opportunity precisely for this. We only regret to note that a very favourable opportunity to deal with nuclear energy has been missed. 66. As members are aware, the delegation of Pak along with those of Argentina and Yugoslavia, had posed amendments [A/C.2/33/L.91] to this draft lution to include the question of the generation of e by nuclear fission and fusion in the relevant oper paragraph of the resolution. We had proposed the am ments out of our conviction that any conference on and renewable sources of energy must reflect the pr and future interests of all groups of countries and shou comprehensive in scope. The Conference would lo importance if nuclear energy-which, in the view o delegation and many others, is one of the most signif sources of energy, particularly in the context o development of developing countries-were not to be with at the Conference. 65. My delegation joined other delegations in the adoption of this draft resolution by consensus. We had participated actively in its drafting, and its subject matter draft enjoys our support. We believe, however, that this draft resolution suffe~s from a serious lacuna: the non-inclusion of nuclear energy as one of the subjects for consideration at the Conference. 66. As members are aware, the delegation of Pakistan, along with those of Argentina and Yugoslavia, had pro- posed amendments [A/C.2/33/L.91] to this draft reso- lution to include the question of the generation of energy by nuclear fission and fusion in the relevant operative paragraph of the resolution. We had proposed the amend- ments out of our conviction that any conference on new and renewable sources of energy must reflect the present and future interests of all groups of countries and should be comprehensive in scope. The Conference would lose in importance if nuclear energy-which, in the view of my delegation and many others, is one of the most significant sources of energy, particularly in the context of the development of developing countries-were not to be dealt with at the Conference. 67. Our amendments, however, were not accepted b sponsors of the draft resolution. We believe tha opposition of some countries to our proposal stem from the mistaken belief that the inclusion of this su in the draft resolution would lead to a discussion o security aspects ofnuclear energy, as well as of the que of nuclear proliferation, and that other sourcesofnew renewable energy enumerated in the draft resolution w be overshadowed and would not receive the attention ~~n - 67. Our amendments, however, were not accepted by the sponsors of the draft resolution. We believe that the opposition of some countries to our proposal stemmed from the mistaken belief that the inclusion of this subject in the draft resolution would lead to a discussion of the security aspects ofnuclear energy, as well as of the question of nuclear proliferation, and that other sources of new and renewable energy enumerated in the draft resolution would be overshadowed and would not receive the attention due ~~n - 68. In this context, my delegation stated in the Se Committee that only the developmental aspects of nu energy needed to be discussed in the context conference on new and renewable sources of energy wishto reiterate that. 69. As paragraph 4 of the resolution clearly states recommendations of the Conference would relate t analysis of the state of technology; identification o potential in developing countries; assessment of the nomic viability of the use of various forms of en identification of measures for promoting the develop of the technology required for the exploration, dev ment, exploitation and utilization of such energy; id fication of measures for the transfer of relevant nologies and promotion of information flows and so f We do not feel that a study of any of these areas o recommendations thereon would involvea discussiono security aspects of nuclear energy. 68. In this context, my delegation stated in the Second Committee that only the developmental aspects of nuclear energy needed to be discussed in the context of a conference on new and renewable sources of energy. We wish to reiterate that. 69. As paragraph 4 of the resolution clearly states, the recommendations of the Conference would relate to the analysis of the state of technology; identification of the potential in developing countries; assessment of the eco- nomic viability of the use of various forms of energy; identification of measures for promoting the devel:.:>pment of the technology required for the exploration, develop- ment, exploitation and utilization of such energy; identi- fication of measures for the transfer of relevant tech- nologies and promotion of information flows and so forth. We do not feel that a study of any of these areas or the recommendations thereon would involve a discussion ofthe security aspects of nuclear energy. 71. As the Assembly is aware, under its resolution 33/4, the views of Governments in respect of a conference on the peaceful uses of nuclear energy for economic and social development have been invited. We here express the hope that, in view of the statements made in the Second Committee regarding the importance of nuclear energy for development, the replies of Governments will be positive and a decision to hold a conference on nuclear energy for development, which is of vital interest to so many developing countries, will be taken at the next ses&ion of the General Assembly.
Vote: 33/154 Consensus
Mr. Mungai KEN Kenya #3041
My delegation has requested to be allowed to speak on behalf of the sponsors of the original text of draft resolution V [A/C2/33/L.84] to express our gratitude to the representative of Yugoslavia and, through him, to the other sponsors ofthe amendments in document A/C.2/33/L.91 for their understanding and magnanimity. We thank them for not insisting on a vote being taken on their amendments and thus allowing the draft resolution on the United Nations Conference on New and Renewable Sources of Energy to be adopted unani- mously at this plenary meeting.
Mr. Mungai KEN Kenya #3042
My delegation has requested to be allowed to speak on behalf of the sponsors of the original text of draft resolution V [A/C.2/33/L.84] to express our gratitude to the representative of Yugoslavia and, through him, to the other sponsors ofthe amendments in document A/C.2/33/L.91 for their understanding and magnanimity. We thank them for not insisting on a vote being taken on their amendments and thus allowing the draft resolution on the United Nations Conference on New and Renewable Sources of Energy to be adopted unani- mously at this plenary meeting. 73. While appreciating and indeed sharing their concern regarding the role which nuclear energy can effectively play in the accelerated development of economies, especially those of the developing countries, we had difficulties with regard to the inclusion of the subject within the scope of that Conference. We explained those difficulties fully in the Committee and we are indebted to the three sponsors of the amendments for having taken those views into con- sideration when deciding on the course of action that they would take at this plenary meeting. While thanking them, and lest we be misunderstood, my delegation would like to reaffirm here what it stated in the Committee, namely, that we are very cognizant of the importance of nuclear energy as an energy of the future and of the pivotal role that it will undoubtedly play in filling the global energy. gap, both now and in the years to come. 73. While appreciating and indeed sharing their concern regarding the role which nuclear energy can effectively play in the accelerated development of economies, especially those of the developing countries, we had difficulties with regard to the inclusion of the subject within the scope of that Conference. We explained those difficulties fully in the Committee and we are indebted to the three sponsors of the amendments for having taken those views into con- sideration when deciding on the course of action that they would take at this plenary meeting. While thanking them, and lest we be misunderstood, my delegation would like to reaffirm here what it stated in the·Committee, namely, that we are very cognizant of the importance of nuclear energy as an energy of the future and of the pivotal role that it will undoubtedly play in filling the glohal energy. gap, both now and in the years to come. 74. My delegation is, accordingly, looking forward with anticipation to the convening of a conference on the peaceful uses of nuclear energy for economic and social development, which is already contemplated by the As- sembly in its resolution 33/4 of 2 November 1978. Weshall strongly support any decision that may be taken to hold such a conference and we intend to participate fully in its deliberations.
Ms. Stahl USA United States of America #3043
As I believe the debate on draft resolution IV in the Second Committee illustrated, the issue at stake here is not assistance to the Palestinian people. If it were, this draft resolution would have been adopted by consensus, a consensus in which the United S+!'\tes would eagerly have joined. We support 74. My delegation is, accordingly, looking forward with anticipation to the convening of a conference on the peaceful uses of nuclear energy for economic and social development, which is already contemplated by the As- sembly in its resoiution 33/4 of 2 November 1978. We shall strongly support any decision that may be taken to hold such a conference and we intend to participate fully in its deh1Jerations.
Vote: 32/100 Consensus
Ms. Stahl USA United States of America #3044
As I believe the debate on draft resolution IV in the Second Committee illustrated, the issue at stake here is not assistance to the Palestinian people. If it were, this draft resolution would have been adopted by consensus, a consensus in which the United S+!'\tes would eagerly have joined. We support 76. Our efforts in the Second Committee were directed towards amending the draft resolution to eliminate re- ferences to controversial texts of the past while leaVing intact the operative language on establishing concrete projects designed to improve the lot of the Palestinian people. By adopting such a resolution the Assembly could have established a clear mandate for intensified efforts to provide humanitarian and development assistance which would benefit the Palestinian people. But this proved imlJ<Jssible to agree on. 77. The issue underlyin by the Observer of the [PLO] in the Second voluntary United Nation through the PLO, not provided to the Palesti opposes any move so to programmes to political the purpose of these pr for them. 77. The issue underlying this debate-as clearly highlighted by the Observer of the Palestine Liberation Organization [PLO] in the Second Committee debateS -is whether voluntary United Nations assistance should be channelled through the PLO, not whether such assistance should be provided to the Palestinians. The United States strongly opposes any move so to harness United Nations assistance programmes to political purposes. We believe this distorts the purpose of these programmes and undermines support for them. 78. Developed and dev interest in supporting voluntary assistance pro economic growth and ex a more equitable and support for these program 79. Donors have accep development priorities who can best determin Similarly, recipient coun compel a donor to sup its Government, parliam This is an issue which g the question of the ro Government believes all 78. Developed and developing countries have a common interest in supporting and expanding United Nations voluntary assistance programmes. Such programmes lead to economic growth and expanded trade, the key elements of a more eqUitable and prosperous world economy. Yet support for these programmes rests on consensus. 80. As to the. signific course, a recommendati heads of UNDP and t Nations system will ha provides no justification the interest of any politi Palestinian people them cerned or the developin United Nations system a improve the social and people, and in this re support. 79. Donors have accepted that they cannot dictate local development priorities to recipients, since it is the latter who can best determine their own development needs. Similarly, recipient countries must accept thz"· \hey cannot compel a donor to support politicized programmes which its Government, parliament and people strongly oppose. This is an issue which goes well beyond this resolution or the question of the role of the PLO, but it is one my Gover~ment believes all should reflect upon. 80. As to the. significance of this resolution, it is, of course, a recommendation which the governing bodies and heads of UNDP and the other agencies of the United Nations system will have to interpret. In our view, it prOVides no justification for any action which would put the interest of any political group above thE' interests of the Palestinian people themselves, the host C. ... nments con- cerned or the developing world as a whole. The task of the United Nations system as underlined in this resolution is to improve the social and economic needs of the Palestinian people, and in this regard the United Nations has our support. 82. In view of those considerations and facts and the enormous concessions that were made by the sponsors of draft resolution A/C.2/33/L.80 during the consultations preceding its adoption in the Second Committee, my delegation would have welcomedthe adoption of that draft by consensus. However, because of the positions of some delegations on this issue, and especially because of the pressure that was exerted as a result of those positions, we were unable to adept the draft resolution by consensus.
Mr. Abdulah (Trinidad the Chair.
Mr. Abdulah (Trinidad and Tobago), Vice-President, took the Chair.
Vote: 32/97 Consensus
The President #3045
The General Assembly will now consider the report of the Second Committee on agenda item 59 concerning UNCTAD. I should like to inform representatives that this report, which appears in document A/33/526, is at present available in only one language, English. The Assembly therefore has two choices. First, in view of the very limited time at our disposal,the Assembly may wish to take up the matter now, even though the document is available only in the English language; or, alternatively, it could postpone the matter until our meeting tomorrow. But I do wish to urge members to give due consideration to the fact that we are very short oftime, and, if it is at all possible for representatives to agree, we might take up this report now instead of waiting until tomorrow. However, I am in the hands of the Assembly and I should like to know its wishes on this matter. If there is no objection I shall take it that the Assemblyis prepared to proceed on the basis of the document's being available in only one language at this time. 82. In view of those considerations and facts and the enormous concessions that were made by the sponsors of draft resolution A/C.2/33/L.80 during the consultations preceding its adoption in the Second Committee, my delegation would have welcomed the adoption of that draft by consensus. However, because of the positions of some delegations on this issue, and especially because of the pressure that was exerted as a result of those positions, we were unable to adept the draft resolution by consensus.
The President #3046
The General Assembly will now consider the report of the Second Committee on agenda item 59 concerning UNCTAD. I should like to inform representatives that this report, which appears in document A/33/526, is at present available in only one language, English. The Assembly therefore has two choices. First, in view of the very limited time at our disposal, the Assembly may wish to take up the matter now, even though the document is available only in the English language; or, alternatively, it could postpone the matter until our meeting tomorrow. But I do wish to urge members to give due consideration to the fact that we are very short oftime, and, if it is at all possible for representatives to agree, we might take up this report now instead of waiting until tomorrow. However, I am in the hands of the Assembly and I should like to know its wishes on this matter. If there is no objection I shall take it that the Assembly is prepared to proceed on the basis of the document's being available in only one language at this tinle.
Vote: 32/101 Consensus
It wasso decided.
Vote: VD Consensus
The President #3047
The Assembly will now take a decisionon the recommendations of the Second Committee in paragraphs63 and 64 of its report [A/33/526]. 85. Draft resolution I is entitled "Special measures in favour of the least developed among the developing countries". The Second Committee adopted draft reso- lution I without a vote. May I consider that the Assembly wishes to do likewise?
It was so decided.
Draft resolution I was adopted (reso!ution33/149j.
The President #3048
The Assembly will now take a decision on the recommendations of the Second Committee in paragraphs 63 and 64 of its report {A/33/526]. 85. Draft resolution I is entitled "Special measures in favour of the least developed among the developing countries". The Second Committee adopted draft reso- lution I without a vote. May I consider that the Assembly wishes to do likewise? 6 [bid., 59th meeting, paras. 75 and 76, and ibid., Second Committee, Sessional Fascicle, corrigendum. 7 See Officiol Records of the Economic and Social Council, Sixty-third Session, Supplement No. 1. 87. I call on the representative of Pakistan on a point of order.
Vote: 35/94 Recorded Vote
✓ 69   ✗ 6   55 abs.
Show country votes
Draft resolution I was adopted (resolution 33/149).
A recorded vote was taken.
Vote: 32/99 Consensus
Vote: 33/173 Consensus
Mr. Haque PAK Pakistan #3049
My delegation had requested a separate and recorded vote on the last preambular paragraph of this draft resolution as well as on operative paragraph 1. It has also requested a recorded vote on the draft resolution as a whole. In favour: Afghanistan, Algeria, Argentina, Australia Austria, Bangladesh, Bhutan, Bolivia, Botswana, Brazil Bulgaria, Burundi, Byelorussian Soviet Socialist Republic Central African Empire, Chad, Chile, Colombia, Costa Rica Cuba, Cyprus, Czechoslovakia, El Salvador, Ethiopia German Democratic Republic, Guatemala, Guinea, Haiti Honduras, Hungary, Iraq, Jordan, Lao People's Democratic Republic, Lesotho, Malawi, Mali, Mexico,Mongolia,Nepal New Zealand, Niger, Panama, Paraguay, Peru, Poland Portugal, Singapore, Somalia, Spain, Sri Lanka, Swaziland Syrian Arab Republic, Tunisia, Uganda, Ukrainian Sovie Socialist Republic, Union of Soviet Socialist Republics United States of America, Upper Volta, Uruguay, Vene zuela, Viet Nam, Zambia
The President #3050
The Assembly will now vote on the fifth p:eambular paragraph of draft resolution IT. A recorded vote has been requested.
A recorded vote was taken.
The President #3051
I now put to the vote L~erativ paragraph 1 ofdraft resolution 11. A recorded vote has bee requested.
Vote: 32/100 Consensus
Vote: 39/192 Recorded Vote
✓ 98   ✗ 6   35 abs.
Show country votes
✓ Yes (98)
A recorded vote was taken.
The fifth preambuklr paragraph ofdraft resolution 11was adopted by 61 votes to 1, with 72 abstentions.
The President #3052
I now put to the vote L~erative paragraph 1 of draft resolution 11. A recorded vote has been requested. . 91. The PRESIDENT: I now put to the vote draft resolution D, as a whole. A recorded vote has been requested. In favour: Afghanistan tralia, Bahamas, Bahrai Bhutan, Bolivia, Botsw Burundi, Byelorussian Verde, Central African E bia, Congo, Cuba, Cyp Yemen, Djibouti, Domi Equatorial Guinea, Ethio Democratic Republic, G Bissau, Guyana, Haiti, nesia, Iran, Iraq, Israel Kenya, Kuwait, Lao Lebanon, Lesotho, Liber gascar, Malawi, Malaysia Mauritius, Mexico, Mo Nepal, Netherlands, New geria, Norway, Oman, Guinea, Paraguay, Peru, Sao Tome and Principe, Somalia, Sri Lanka, Sud Arab Republic, Thailan Tunisia, Turkey, Ugand public, Union of Soviet Emirates, United Republ of Tanzania, Upper Volt Yemen, Yugoslavia, Zaire
A recorded vote was taken.
Vote: 35/94 Consensus
A recorded vote was taken.
Operative paragraph 1 of draft resolution II was adopted by 58 votes to 1, with 76 abstentions.
Vote: 351/97 Recorded Vote
✓ 96   ✗ 7   0 abs.
Show country votes
A recorded vote was taken.
A recorded vote was tak
Draft resolution 11 as a whole was adopted by 134 votes to none, with 4 abstentions (resolution 33/150).
The President #3053
Draft resolution III is entitled "Reverse transfer of technology". A separate vote has been requested on operative paragraph 5 of draft resolution Ill. We shall, therefore, vote frrst on operative paragraph 5. A recorded vote has been requested. 93. The· PRESIDENT: I now put to the vote draft resolution III as a whole. A recorded vote has been requested.
A t'ecorded vote was taken.
A recorded vote was tak
Operative paragraph 5 ofdraft resolution 1/1was adopted by 120 votes to none, with 20 abstentions.
A recorded vote was taken.
Draft resolution /II asa whale was adoptedby 141 votes to none(resolution 33/151).
The President #3054
We turn now to draft resolution IV entitled "Assistance to Antigua, St. Kitts-Nevis-Anguilla, S1. Lucia and St. Vincent". The Second Committee adop- ted that draft resolution without a vote. May I consider that the General Assemblywishes to do likewise? Against: None
Draft resolution /Vwas adopted (resolution 33/152).
Draft resolution III as a whale was adopted by 141 votes to none (resolution 33/151).
Vote: 40/143 Recorded Vote
✓ 53   ✗ 18   65 abs.
Show country votes
The President #3055
Draft resolution V is entitled "United Nations Conference on Restrictive Business Prac- tices". The report of the Fifth Committee on the adminis- trative and fmancial implications of the draft resolution is contained in document A/33/532. The Second Committee adopted draft resolution V without a vote. May I consider that the General Assembly wishesto do likewise?
The President #3056
We turn now to draft resolution IV entitled "Assistance to Antigua, St. IGtts-Nevis-Anguilla, St. Lucia and St. Vincent". The Second Committee adop- ted that draft resolution without a vote. May I consider that the General Assembly wishes to do likewise? 95. The PRESlDENT: Draft resolution V is entitled "United Nations Conference on Restrictive Business Prac- tices". The report of the Fifth Committ~e on the adminis- trative and fmancial implications of the draft resolution is contained in document A/33/532. The Second Committee adopted draft resolution V without a vote. May I consider that the Generai AssemblY wishes to do likewise?
Draft resolution IV was adopted (resolution 33/152).
Draft resolution V was adopted(resolution 33/153).
The President #3057
Draft resolution VI is entitled "Fifth session of the United Nations Conference on Trade and Development". The Second Committee adopted that draft resolution without a vote. May I take it that the GeneralAssemblywishesto do likewise?
Draft resolution Vl was adopted (resolution 33/154).
Draft resolution V was adopted(resolution 33/153).
The President #3058
Draft resolution VII is entitled "Effects of the world inflationary phenomenon on the development process". A recorded vote has been requested.
The President #3059
Draft resolution VI is entitled "Fifth session of the United Nations Conference on Trade and Development". The Second Committee adopted that draft resolution without a vote. May I take it that the General Assembly wishes to do likewise?
A recorded vote was taken. Draftresolution X was adopted (resolutionj3/15
Draft resolution VI was adopted (resolution 33/154).
The President #3060
Draft resolution VII is entitled "Effects of the world inflationary phenomenon on the development process". A recorded vote has been requested. Against: None Abstaining: Australia, Austria, Belgium, Canad mark, Finland, France, Germany, Federal Repu Greece, Ireland, Italy, Japan, Luxembourg, Neth New Zealand, Norway, Sweden, United Kingdom Britain and Northern Ireland, United States of Ame Against: None
Draft resolution VD was adopted by 12iJ votes with 19 abstentions (resolution 33/155).
The President #3061
Draft resolution VIII is "United Nations Conference to Negotiate an Inter Arrangement to Replace the International Whea ment of 1971, as Extended". The Second Co adopted that draft resolution without a vote. consider that the General Assembly wishesto do l Abstaining: Australia, Austria, Belgium, Canada, Den- mark, Finland, France, Germany, Federal Republic of, Greece, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Sweden, United Kingdom of Great Britain and Northern Ireland, United States of America
Draft resolution VD was adopted by 12iJ votes to none with 19 abstentions (resolution 33/155).
Draftresolution VIII was adopted(resolutlO;;33f
The President #3062
Draft resolution IX is "United Nations Conference on an International Conduct on the Transfer ofTechnology". The repo '" Fifth Committee on the administrative and fmanc
The President #3063
Draft resolution VIII is entitled "United Nations Conference to Nego!iate an International Arrangement to Replace the International Wheat Agree- ment of 1971, as Extended". The Second Committee adopted that draft resolution without a vote. May I consider that the General Assembly wishes to do likewise? ~- Draft resolution VIII was adopted(resolutlO;;33/156). 'ca~ns of that draft resolution is contained in d A/3~IllL.second Committee adop draft resolution without a vote. May I consider General Assemblywishesto do likewise? Draftresolution IX wasadopted(resolution 33/15
The President #3064
Draft resoluti~n IX is entitled "United Nations Conference on an International Code of Conduct on the Transfer of Technology". The report ofthe " Fifth Committee on the administrative and fmancial impli-
The President #3065
Draft resolution X is "United Nations Negotiating Conference on a C Fund Under the Integrated Programme for Comm The Second Committee adopted that draft re without a vote. May I take it that the General A wishesto do likewise? 'ca.~ns of that draft resolution is contained in document A/3~M..second Committee adopted that draft resolution without a vote. May I consider that the General Assembly wishes to do likev..ise?
Draft resolution IX was adopted {resolution 33/157}.
The President #3066
Draft resolution X is entitled "United Nations Negotiating Conference .on a Common Fund Undei the Integrated Programme for Commodities"_ The Second Committee adopied that draft resolution without a vote. May I take it that the General Assembly wishes to do likewise? Against: None Abstaining: Australia, Austria, Belgium, Canada, Den- mark, Finland, France, Germany, Federal Republic of, Greece, Iceland, Ireland, Italy, Japan, Lu'{embourg, Nether- lands, New Zealand, Norway, Portugal, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland, United States of America
Vote: 31/37 Consensus
A recorded vote was taken.
Draft resolution XI was adopted by 119 votes to none, with 22 abstentions (resolution 33/159).
The President #3067
We turn next to draft resolution XII, entitled "United Nations Conference on a Convention on International Multimodal Transport". The report of the Fifth Committee on the administrative and financial impli- cations of that draft resolution is contained in document A/33/532/Add.1. The Second Committee adopted draft resolution XIl without a vote. May I consider that the General Assembly wishes to do likewise?
Draft resolution XI was adopted by 119 votes to none, with 22 abstentions (resolution 33/159).
Draft resolution XH wasadopted (resolution 33/160).
The President #3068
We turn next to draft resolution XII, entitled "United Nations Conference on a Convention on International Multimodal Transport". The report of the Fifth Committee on the administrative and financial impli- cations of that draft resolution is contained in document A/33/532/Add.1. The Second Committee adopted draft resolution XIl without a vote. May I consider that the General Assembly wishes to do likewise?
The President #3069
May I now invite representatives to turn to the draft decision entitled "Review of progress in the implementation of special measures and specific action related to the particular needs of the land-locked de- veloping countries", which has been recommended by the Second Committee in paragraph 64 of its report [AI33/ 526J. May I take it that the General Assembly adopts that draft decision?
Draft resolution xn was adopted (resolution 33/160).
The draft decision wasadopted (decision 33/438).
The President #3070
May I now invite representatives to turn to the draft decision entitled "Review of progress in the implementation of special measures and specific action related to the particular needs of the land-locked de- veloping countries", which has been recommended by the Second Committee in paragraph 64 of its report [AI33/ 526J. May I take it that the General Assembly adopts that draft decision? 106. As is stated in the inflationary phenomenon socialist countries have no developme: of inflatio planned economy of the excludes inflation. Howev capitalism create difficult nomic relations between countries within the capita of this, the external trade primarily due to the social exist in my country. It is amount of hard work do solving sometimes quite co the comprehensive mobiliz the German Democratic R significance is the close tageous co-operation in th Assistance, which can no action. On the basis of ou as was stated by the Chair of the German Democrati 15 December in the Nat Democratic Republic: 106. As is stated in the preamble of this resolution, the inflationary phenomenon distorts international trade. The socialist countries have nothing whatsoever to do with the developme, of inflationary processes. The socialist planned economy of the German Democratic Republic excludes inflation. However, the inflationary processes of capitalism create difficulties for the development of eco- nomic relations between our country and a number of countries within the capitalist economic system. If, in spite of this, the external trade of my country is growing, this is primarily due to the socialist relations of production which exist in my country. It is also the result of the tremendous amount of hard work done by the whole population in solving sometimes quite complicated problems by virtue of the comprehensive mobilization of the internal resources of the German Democratic Republic. In this regard, of great significance is the close and fraternal, mutually advan- tageous co-operation in the Council for Mutual Economic Assistance, which can now boast 30 years of successful action. On the basis of our stable development, next year, as was stated by the Chairman of the Council of Ministers of the German Democratic Republic, Comrade Stoph, on 15 December in the National Assembly of the German Democratic Republic: "We shall also develo technological relations especially with the ant considerable extent. W countries in the strengt pendence, in their indus of the possibilities of manufactured products f 107. Mr. BENHOCINE French): My delegation ha paragraph of .the preambl draft resolution 11 cont concerning the right of a land-locked countries. "We shall also develop our economic, scientific and technological relations with the developing countries, especially with the anti-imperialist nation-States, to a considerable extent. We shall attempt to help those countries in the strengthening of their economic inde- pendence, in their industrialization and in the expansion of the possibilities of supplying raw materials and manufactured products from those countries." 108. We decided to vote although we had abstaine Second Committee, in ord with land-locked countries problems. The best expre found in the fact that the some of our land-locked ne Sea through Algeria, has no
Mr. Benhocine DZA Algeria [French] #3071
My delegation has just voted in favour of the last paragraph of .the preamble and operative paragraph 1 of draft resolution II contained in document A/33/526, concerning the right of access to and from the sea for land-locked countries. 109. It is, however, unde in the resolution is still to b 108. We decided to vote in favour of those paragraphs, although we had abstained in the vote on them in the Second Committee, in order fIrmly to stress our solidarity with land-locked countries with regard to their particular problems. The best expression of that solidarity is to be found in the fact th&t the trans-Saharan route, which links some of our land-locked neighbours with the Mediterranean Sea through Algeria, has now been completed. 11O. Mr. NAVARRETE (Mexico) (interpretation from Spanish): The Mexican delegation voted in favour of draft resolution XI contained in document A/33/526, concerning the debt problems of the developing countries. Having done so, we wish to restate the position maintainecl by Mexico at the third (Ministerial) part of the ninth special session of the Trade and Development Board, particularly with regard to the exclusive I'":nitation of the scope of the reorgani- zational operations to interested developing countries which may request them.
The President #3072
The -'eneral Assembly will now consider part 11 of the report of the Second Committee on agenda item 60 concerning UNIDO.8 The report is con- tained in document A/33/399/Add.1. 112. We shall now take a decision on the draft resolution entitled "Conversion of the United Nations Industrial Development Organization into a specialized agency", which has been recommended by the Second Committee in paragraph8 of its report. The report of the Fifth Com- mittee on the administrative and fmancial implications of that draft resolution is in document A/33/533. The Second Committee adopted the draft resolution without a vote. May I take it that the General Assembly wishes to do likewise?,
The President #3073
The~eneral Assembly will now consider part 11 of the report of the Second Committee on agenda item 60 concerning UNIDO.8 The report is con- tained in document A/33/399/Add.1. 112. We shall now take a decision on the draft resolution entitled "Conversion of the United Nations Industrial Development Organization into a specialized agency", which has been recommended by the Second Committee in paragraph 8 of its report. The report of the Fifth Com- mittee on the administrative and fmancial implications of that draft resolution is in document A/33/533. The Second Committee adopted the draft resolutiop without a vote. May I take it that the General Assembly wishes to do likewise?,
The draft resolution wasadopted (resolution 33/161).
The President on behalf of Group of 77 #3074
I now call on the representative of Tunisia, who wishes to make an explanation on behalf of the Group of 77.
Mr. Mestiri TUN Tunisia [French] #3075
Now that the Assembly has virtually concluded its consideration of the economic questions for this part of the session I should like to make some brief comments on behalfof the Group of 77.
The draft resolution was adopted (resolution 33/161).
The President on behalf of Group of77 #3076
I now call on the representative of Tunisia, who wishes to make an explanation on behalf of the Group of77. 115. Scarcely three months ago, and from this very rostrum [27th meeting}, we tried to make an evaluation of the state of affairs prevailing at that time in international economic negotiations and the North-South dialogue in the light, particularly, of the fact that the Committee of the Whole-that is, the Committee Established under General Assembly Resolution 32/174-had suspended its work. That evaluation could not but be dominated by a feeling of uncertainty, and even disquiet, which was amply justified by the lack of any progress in the negotiations to resolve the main problems involved, particularly for the developing countries, in the restructuring of international economic relations.
Mr. Mestiri TUN Tunisia [French] #3077
Now that the Assembly has virtually concluded its consideration of the economic questions for this part of the session I should like to make some brief comments on behalfof the Group of 77. 115. Scarcely three months ago, and from this very rostrum [27th meeting}, we tried to make an evaluation of the state of affairs prevailing at that time in international ~conomic negotiations and the North-South dialogu~ in the light, particularly, of the fact that the Committee of the Whole-that is, the Committee Established under Genernl Assembly Resolution 32/174-had suspended its work. That evaluation could not but be dominated by a feeling of uncertainty, and even disquiet, which was amply justified by the lack of any progress in the negotiations to resolve the main problems involved, particularly for the developing countries, in the restructuring of international economic relations. 116. Three months of often very difficult discussion and consultation have not proved adequate to modify the substance of that situation in any significant way. However, the Group of 77 has been very willing to facilitate agreement. Our Group took the initiative in presenting collectively draft resolutions on the main questions on the '8 For part I of the report of the Second Committee on agenda item 60, see the 85th meeting, paras. 131 and 137·141. - ~ . ... . .." ~. ,.. 116. Three months of often very difficult discussion and consultation have not proved adequate to modify the substance of that situation in any significant way. However, the Group of 77 has been very willing to facflitate agreement. Our Group took the initiative in presenting collectively draft resolutions on the main questions on the 117. However, in the case of certain highly impo questions we could not give up certain principles whic the very foundation of the new international econ order and we must express our disappointment tha partners wen; very often categorically opposed to ce reasonable proposals such as those we presented in nexion with world trade, particularly trade invo developing countries. The unfavourable votes cast by of the developed countries on our proposals on pr tionism and multilateral trade negotiations are very turbing to us because they reflect, in many essential p a defmite retreat from the previous position taken number of those countries, whereas we were entitle expect more understanding from them. The unfavou votes cast on our proposals on inflation and indebte are equally disappointing, because they concern two nomena that we all regard as extremely dangerous. 117. However, in the case of certain highly important questions we could not give up certain principles which are the very foundation of the new international economic order and we must express our disappointment that our partners wen; very often categorically opposed to certain reasonable proposals such as those we presented in con- nexion with world trade, particularly trade involving developing countries. The unfavourable votes cast by most of the developed countries on our proposals on protec- tionism and multilateral trade negotiations are very dis- turbing to li.3 because they reflect, in many essential points, a defmite retreat from the previous position taken by a number of those countries, whereas we were entitled to expect more understanding from them. The unfavourable votes cast on our proposals on inflation and indebtedness are equally disappointing, because they concern two phe- nomena that we all regard as extremely dangerous. 118. It should be noted, however, that among the sensus decisions taken there were some which, were th be followed up by concrete action, would contribute resumption of the dialogue on a solid basis.The decis am referring to particularly are those on some questio an institutional nature. The consensus achieved a beginning of the session under the aegis of the Preside the General Assembly on the question of the manda the Committee of the Whole undoubtedly helpe improve an atmosphere which was very threatening. O resolutions adopted Without a vote, such as those o third General Conference of UNlDO[resolution 33f77 the United Nations Conference on Scienceand Techno adopted in the Second Committee, and on the fifth se of UNCTAD'havepaved the wayfor detaile~ negotiatio certain important sectors. 118. It should be noted. however, that among the con- sensus decisions taken there were some which, were they to be followed up by concrete action, would contribute to a resumption of the dialogue on a solid basis. The decisions I am referring to particularly are those on some questions of an institutional nature. The consensus achieved at the beginning of the session under the aegis of the President of the General Assembly on the question of the mandate of the Committee uf the Whole undoubtedly helped to improve an atmosphere which was very threatening. Other resolutions adopted without a vote, such as those on the third General Conference of UNlDO [resolution 33/77/• on the United Nations Conference on Science and TechRology, adopted in the Second Committee, and on the fifth sessi~n of UNCTAD,have paved the way for detaileu negotiations in certain important sectors. 119. Perhaps we should place in a separate categor resolution which the Second Committee adopted by sensus and without reservations on an internationa velopment strategy for the 19808 [seeAI33/527}. 'J; in effect an agreement which deals with question substance and also with questions of institutional arr ments and we think it is a solid basis for the preparati the new strategy. We would venture to hope that the which prompted all involved in the consultations on resolution will be reflected in the effective negotiati commitments which each and every one of us will ha undertake to ensure the success of the forthcoming d of action and progress towards the establishment o new international economic order. 119. Perhaps we should place in a separate category the resolution which the Second Committee adopted by con- sensus and without reservations on an international de- velopment strategy for the 19808 [see A/33/527}. 'J;'hat is in effect an agreement which deals with que)tions of substance and also with questions of institutional arrange- ments and we think it is a solid basis for the preparation of the new strategy. We would venture to hope that the spirit which prompted all involved in the consultations on this resolution will be reflected in the effective negotiation of COIIlInitments which each and every one of us will have to undertake to ensure the success of the forthcoming decade of action and progress towards the establishment of the new international economic order. 120. Finally, it appears to us that thIS session o General Assembly has not made a decisive contrib AGENDAITEM 7S Draft Convention on the Elimination of Discrimination against Women REPORTOF THE THIRD COMMITTEE (A/33/468) AGENDAITEM83 Torture and other cruel, inhuman or degradingtreatment or punishment: reports of the Secretary-General
The President #3078
I should like to inform delegations that with regard to agenda item 88 the report on the fmancial implications of some draft resolutions has not yet been completed. Agenda item 88 will therefore be con- sidered at the resumed session in January 1979.9 128. The PRE&IDENT: The General Assembly will now consider the report of the Third Committee on agenda item 12, entitled "Report of the Economic and Social Council". The report of the Committee is contained in document A/33/509. 127. Pursuant to rule 66 of the rules of procedure, I shall consider that the General Assembly decides not to discuss the reports of the Third Committee with the exception of that on agenda item 12 since an amendment has been submitted in that connexion. 129. In this connexion, an amendment to draft resolution XV has been submitted in document A/33/L.35. I now call on the representative of Italy, who wishes to introduce the amendment. 128. The PRE&IDENT: The General Assembly will now consider the report of the Third Committee on agenda item 12, entitled "Report of the Economic and Social Council". The report of the Committee is contained in document A/33/S09.
It was sodecided.
It was so decided.
Mr. Danovi ITA Italy #3079
The amendment that my delegation is now introducing is a slightly revised version of an operative paragraph which appeared in the original text of draft resolution XV now contained in paragraph-65 of document A/33/509. The paragraph was deleted after an extremely close vote in the Third Committee. The state- ments made in the aftermath of the vote by a number of delegations, all duly recorded in the report of the Corn- mittee on item 12 of the agenda, clearly show that, because of acknowledged mistakes or because of the defective functioning of the voting machine, the result of the vote on the deletion of the paragraph was a rather irregular one. It is mainly for this reason that my delegation decided to submit its text as an amendment to draft resolution XV and to call for a new vote on it in the Assembly. 129. In this connexion, an amendment to draft resolution XV has been submitted in document A/33/L.35. I now call on the representative of Italy, who wishes to introduce the amendment.
Mr. Danovi ITA Italy #3080
The amendment that my delegation is now introducing is a slightly revised version of an operative paragraph which appeared in the original text of draft resolution XV now contained in paragraph' 65 of document A/33/509. The paragraph was deleted after an extremely close vote in the Third Committee. The state- ments made in the aftermath of the vote by a number of delegations, all duly recorded in the report of the Com· mittee on item 12 of the agenda, clearly show that, because of acknowledged mistakes or because of the defective functioning of the voting machine, the result of the vote on the deletion of the paragraph was a rather irregular one. It is mainly for this reason that my delegation decided to submit its text as an amendment to draft resolution XV and to call for a new vote on it in the Assembly. 131. Before proceeding, I should like to inform the members of the Assembly that my delegation has decided to drop the words "resorting to" in the amendment as published in document A/33/L.35. , i! iI ji 132. The content of the paragraph is very simple. It invites the Commission on Human Rights to discuss the desira- bility of the establishment of ad hoc working groups or similar bodies, when it has recognized the existence of consistent patterns (\1' gross violations of human rights, including those massive violations of the rights of peoples and persons, such as apartheid, racism, racial discrimi- nation, colonialism and so on, referred to in paragraph 1 (e) of General Assembly resolution 32/130. The Commission is also invited to include the result of its debate in the report on the over-all analysis of new ways and means to ensure the protection ofhuman rights which has been requested of it by resolution 32/130 and which is due to be examined by the General Assembly at its thirty-fourth session. 11I1 j I I I . I ! 131. Before proceeding, I should like to inform the members of the Assembly that my delegation has decided to drop the words "resorting td' in the amendment as published in document A/33/L.35. 132. The content ef the paragraph is very sjmple. It invites the Commission on Human Rights to discuss the desira- bility of the establishment of ad hoc working groups or similar bodies, when it has recognized the existence of consistent patterns of gross violations of human rights, including those massive violations of the rights of peoples and persons, such as apartheid, racism, racial discrimi- nation, colonialism and so on, referred to in paragraph 1 (e) of General Assembly resolution 32/130. The Commission is also invited to include the result of its debate in the report on the over-all analysis of new ways and means to ensure the protection ofhuman rights which has been requested of it by resolution 32/130 and which is due to be examined by the General Assembly at its thirty-fourth session. 9 See the 95th meeting. 134. The Commission on Human Rights has so far established not only the Ad Hoc Working Group on Chile, which has just completed its mandate, but also two similar bodies in relation to South Africa and Israel. The Special Committee on the Situation with regard to the Imple- mentation of the Declaration on the Granting of Inde- pendence to Colonial Countries and Peoples itself is an investigative body with the task of monitoring the imple- mentation of resolution 1514 (XV), and in many respects the activities of the Special Committee against Apartheid and other United Nations committees are ofan investigative nature. Furthermore, investigative bodies have been estab- lished under conventional instruments. I refer in· particular to the Committee on the Elimination of Racial Discrimi- nation and the Committee on Human Rights, both of which regularly report on their work to the Generai Assembly. The proposal submitted by my delegation is therefore in line with a long·standing and consolidated practice of the United Nations in the field of the protection of human rights. It merely tends to promote a study, which so far has not been made, of the conditions under which the establishment of investigative bodies may be deemed desirable, appropriate or useful. We sincerely hope that the General Assembly will be able to support it.
The President #3081
We shall now take a decisio the 15 draft resolutions recommended by the T Committee in paragraph 65 of its report [A/33/509] the amendment to draft resolution XV[A/33/L.35]. 136. I call on those representatives who wish to ex their vote before the vote.
Mr. Mateuak YUG Yugoslavia #3082
I should lik explain our vote before the vote on the amendme document A/33/L.35, submitted by the delegation o(l My delegation will vote against the amendment for following reasons.
The President #3083
We shall now take a decision on the 15 draft resolutions recommended by the Third Committee in paragraph 65 of its report [A/33/509] and the amendment to draft resolution XV[A/33/L.35]. 138. The amendment contains a proposal ofa very se and sensitive nature. As. such, it requires careful thorough consideration before being adopted. Wehav no time for consultations on it because it was subm too late. That is the reason why practically thes proposal was not adopted by the Third Comm Nothing has happened in the meantime that could ju its reintroduction. We are of the opinion that important proposals should come as a result of b consultations among the largest possible number of gations, 136. I call on those representatives who wish to explain their vote before the vote.
Mr. Mateuak YUG Yugoslavia #3084
I should like to explain our vote before the vote on the amendment in document A/33/L.35, submitted by the delegation o(ltaly. My delegation will vote against the amendment for the following reasons. 138. The amendment contains a proposal ofa very serious and sensitive nature. As. such, it requires careful and thorough consideration before being adopted. We have had no time for consultations on it because it was submitte~ too late. That is the reason why practically the same proposal was not adopted by the Third Committee. Nothing has happened in the meantime that could justify its reintroduction. We are of the opinion that such important proposals should come as a result of brQad consultations among the Jargest possible number of dele- gations. 139. We are against general recommendations to Commission on HUI1lan Rights which may prejudic present work on the over-al;analysis•• 140. Furthermore, the vlolatio... of human rights in is being treated as a special case and, therefore, in Cle 139. We are against general recommendations to the Commission on HUIl'Um Rights which may prejUdice its present work on the over-aE. analysis•• 143. The amendment of the Italian delegation introducing a new paragraph into the operative part of draft resolution XV represents an obvious attempt to reopen here in the plenary meetings of the General Assembly a discussionon a proposal which, as we know, has already been considered in the Third Committee, which has caused major dissension there and which in the final analysiswas in fact rejected. 142: Mr. BYKOV (Union of Soviet Socialist Republics) (interpretation from Russian): In connexion with the amendment in document A/33/L.35, which has just been presented by the representative of Italy on the inclusion of a new paragraph in the operative part of draft resolution XV, contained in the report of the Third Committee [A/33/509], the Soviet delegation would like to make the following statement. 144. During the discussion of the Italian draft resolution in the Third Committee, a number of delegations pointed out that it bore no resemblance to the relevant resolutions of the General Assembly, the Commission on Human Rights and other United Nations bodies on the Ci"Jestionof . violations of human rights in Chile. The decision of the Third Committee that operative paragraph 3 of that draft be deleted reflected the opinion of a large number of delegations regarding the invalidity and the incorrectness of what was stated in that paragraph. It appeared that the Italian delegation should have heeded this feeling, par- ticularly since in one of its statements in the Third Committee this year, when speaking about alternative .approaches to ways and means of enhancing the effec- tiveness of the United Nations activities in the field of human rights, that delegation itself stated that questions on human rights should be decided upon by consensus. In these circumstances, a further attempt to force through a previouslyrejected proposal literally at the eleventhhour of the General Assembly session cannot but cause amazement and seriousobjections. 143. The amendment of the Italian delegation introducing a new paragraph into the operative part of draft resolution XV represents an obvious attempt to reopen here in the plenary meetings of the General Assembly a discussion on a propoSil1 which, as we know, has already been considered in the Third Committee, which has caused major dissension there and which in the final analysis was in fact rejected. 144. During the discussion of the Italian draft resolution in the Third Committee, a number of delegations pointed out that it bore no resemblance to the relevant resolutions of tlle General Assembly, the Commission on Human Rights and other United Nations bodies on the Ci"Jestionof . violations of human rights in Chile. The decision of the Third Committee that operative paragraph 3 of that draft be deleted reflected the opinion of a large number of delegations regarding the invalidity and the incorrectness of what was stated in that paragraph. It appeared that the Italian delegation should have heeded this feeling, par- ticularly since in one of its statements in the Third Committee this year, when speaking about alternative .approaches to ways and means of enhancing the effec- tiveness of the United Nations activities in the field of human rights, that delegation itself sta~ed that questions on human rights should be dec!ded upon by consensus. In these circum~tances, a further attempt to force through a previously rejected proposal literally at the eleventh hour of the General Assembly session cannot but cause amazement and serious objections. 145. Many have spoken about the incorrectness of the proposed paragraph 3. In the amendment, reference is twice made to General Assembly resolution 32/130 quite obviously with the aim of giving some sort of superficial acceptability to this proposal. At the same time, if it was merely a question of having the Commission on Human Rights faithfully carry out the instructions of the General Assembly as contained in that resolution, then the amend- ment, as is quite obvious, would be absolutely unnecessary, since the Commission has already proceeded to act on the instructions of the General Assembly. A careful perusal of 145. Many have spoken about the incorrectness of the proflQseq paragraph 3. In the amendment, reference is twice made to General Assembly resolution 32/130 quite obviously with the aim of giving some sort of superficial acceptability to this proposal. At the same time, if it was merely a question of having the Commission on Human Rights faithfully carry out the instructions of the General Assembly as contained in that resolution, then the amend- ment,. as is quite obvious, would be absolutely unnecessary, since the Commission has already proceeded to act on the instructions of the General Assembly. A careful perusal of la See Offrcial Records of the Economic and Social Council, 1978, Supplement No. 4, chap. XXVI, sect A. 10 See Offrcial Records of the Economic and Social Council, 1978, SupplementNo. 4, chap. XXVI, sect A. 147. By replacing the lution 32/130 of "mass rights of peoples and pe and "gross violations" an the author of the amen not, undermining one of resolution 32/130. Tha coincidence if we recall and the most active supp the last session of the G reservations on resolutio was put to the vote. 147. By replacing the clear concept contained in reso- lution 32/130 of "mass and flagrant violations of human rights of peoples and persons" by the terms "consistent" and "gross violations" and by adding the word "including", the author of the amendment is, whether deliberately or not, undermining one of the most important provisions of resolution 32/130. That can hardly be considered as a coincidence if we recall that it was the delegation of Italy and the most active supporters of its amendment which, at the last session of the General Assembly, expressed various reservations on resolution 32/130 and abstained when it was put to the vote. 148. It Is also notewort the amendment are com relevant decisions taken Economic and Social C which refers to the pro cations on the violation o 149. If the author of t who support it want to d against flagrant and mas required in resolution should support the activ Committee against Apar Investigate Israeli Practic the Population of the similar bodies. However, case. 148. It j~ also noteworthy that the provisions contained in the amendment are completely at variance with various relevant decisions taken by the Upited Nations, including Economic and Social Council resolution 1503 (XLVIII), which refers to the procedure for considering communi- cations on the violation of human rights. 149. If the author of the amendment and some of those who support it want to display more concern in the struggle against flagrant and mass violations of human rights, as is required in resolution 32/130, then, as we see it, they should support the activities of bodies such as the Special Committee against Apartheid, the Special Committee to Investigate Israeli Practices Affecting .,~.' Human Rights of the Population of the Occupied Tei-dtories and other similar bodies. However, as we know, that is not in fact the case. 150. In view of what contained in document regarded only as an attem the flagrant and mass vio occurring and.to make Nations to fight against s 151. Therefore, as we Soviet delegation will v tained in document A/33 150. In view of what I have just said, the amendment contained in document A/33/L.35, as we see it, can be regarded only as an attempt to distract our attention from the flagrant and mass violations of human rights which are occurring and.to make it more difficult for the United Nations to fight against such violations. 152. Mr, SOBHY (Egy My delegation wishes to amendment in docume resolution XV recomme report[A/33/509]. 151. Therefore, as we did in the Third Committee, the Soviet delegation will vote against the amendment con- tained in document A/33/L.35. 153. My delegation sup graph proposed by Italy d 152. Mr.. SOBHY (Egypt) (interpretation from Arabic): My delegation wishes to explain its vote on the Italian amendment in document A/33/L.35 relating to draft resolution XV recommended in the Third Committee's report[A/33/509]. 153. My delegation supported the deletion of the para- graph proposed by Italy during the discussion of the item in 156. Thirdly, the proposed paragraph implies that the General Assembly would be exercising a sort of pressureon the Commission on. Human Rights-and that is very unnecessary. Moreover, the proposed procedure is a con- troversial matter on which there isno consensus. 157. Fourthly, extreme caution should be exercised be- fore a decision is taken about the generalized use and establishment of workinggroupssuch as the one established in respect of Chile-and that in order to prevent certain States or groups of States using such groups against other States or groups of States to serve objectivesalien to the protection of human rights. That is particularly so if we notice that during recent years the majority of accusations in this respect havebeen directed againstdeveloping States. 156. Thirdly, the proposed paragraph implies that the General Assembly would be exercising a sort of pressure on the Commission oIJ. _Human Rights-and that is very unnecessary. Moreover, the proposed procedure is a con- troversial matter on which there is no consensus. 158. Fifthly, the subject of the proposed paragraph is extremely important. Like matters of similarimportance it should have been preceded by consultationsand exchanges of views for a lengthy period of time before the proposal was submitted either to the Third Committee or {to the GeneralAssembly. . 157. Fourthly, extreme caution should be exercised be- fore a decision is taken about the generalized use and establishment of working groups such as the one established in respect of Chile-and that in order to prevent certain States or groups of States using such groups against other States or groups of States to serve objectives alien to the protection of human rights. That is particularly so if we notice that during recent years the majority ofaccusations in this respect have ~een directed against developing States. 159. In opposing the proposed paragraph, in addition to the objections that I have already mentioned, my dele- gation wishes to express its dissatisfaction at the way in whichthe matter has been dealt with. 158. Fifthly, the subject of the proposed paragraph is extrpmely important. Like matters of similar importance it should have been preceded by consultations and exchanges of views for a lengthy period of time before the proposal was submitted either to the Third Committee or to the General Assembly. !
Mr. Bekele ETH Ethiopia #3085
The amendment in docu- ment A/33/L35, just introduced, has already been the subject of intensive debate in the Third Committee re- sulting in its rejection. In our view, there were ample and legitimatereasonsfor that rejection. 159. In opposing the proposed paragraph, in addition to the objections that I have already mentioned, my dele- gation wishes to express its dissatisfaction at the way in which the matter has been dealt with. 161. First, a number ofdelegations felt that inadequate time was given for serious consideration of the basic issues raisedby the originaldraft resolution. 162. Secondly, many delegations were convinced that the insistence on establishing a so-called adhoc workinggroup in such undisguised haste was nothing but an attempt to formalize, or even legitimize, the unwarranted interference of some Western States in the internal affairs of smalland,
Mr. Bekele ETH Ethiopia #3086
The amendment in docu- ment A/33/L.35, just introduced, has already been the subject of intensive debate in the Third Committee re- sulting in its rejection. In our view, there were ample and legitimate reasons for that rejection. 161. First, a number of "delegations felt that inadequate time was given for serious consideration of the basic issues raised by the original draft resolution. 162. Secondly, many delegations were convinced that the insistence on establishing a so·called ad hoc working group in such undisguised haste was nothing but an attempt to formalize, or even legitimize, the unwarranted interference of some Western States in the internal affairs of small and,
Mr. Hassan PAK Pakistan #3087
When draft re A/C.3/33/L78 was debated in the Third Comm 8 December 1978, the Pakistan delegation expre view that it contained matters ofsubstance and imp and that, therefore, delegations should be given an tunity to study further the implications and rami of that resolution. 164. Those were among the reasons that motivated my delegation to reject the original proposal last week. There ;l\ nothing new this week that would convince us to change our position on the amendment under consideration. We shall therefore vote against it. 166. Since the Third Committee decided to proc vote on the draft resolution, my delegation alternative but to support the deletion of its o paragraph3.
Mr. Hassan PAK Pakistan #3088
When draft resolution A/C.3/33/L.78 was debated in the Third Committee on 8 December 1978, the Pakistan delegation expressed the view that it contained matters ofsubstance and importance and that, therefore, delegations should be given an oppor- tunity to study further the implications and ramifications of that resolution. 167. We feel that many delegations have not opportunity fully to study the report of the A Working Group on Chile[A/33/331]. To us, theref premature to suggest the creation of further ad hoc groups along the lines of the one on Chile. The requires, in our opinion, more consultations and reflection. For these reasons, the Pakistan delega maintain its position and vote for the rejection proposed operative paragraph 3 contained in do A/33/L.3S. 166. Since the Third Committee decided to proceed to a vote on the draft resolution, my delegation had no alternative but to support the deletion of its operative paragraph 3. 167. We feel th,1t many delegations have not had an opportunity fully to study the report of 'llie Ad Hoc Working Group on Chile [AI331331]. To us, therefore, it is premature to suggest the creation of further ad hoc working groups along the lines of the one on Chile. The matter requires, in our opinion, more consultations and serious reflection. For these reasons, the Pakistan delegation will maintain its position and vote for the rejection of the proposed operative paragraph 3 contained in document A/33/L.3S.
Mr. Eralp TUR Türkiye #3089
1 should like to exp vote on draft resolution XI, "Missing persons in C As representatives may recall, during the discussio question of missing persons in Cyprus in th Committee on 12 December 1978, my delegatio the opinion of the Legal Counsel on the f questions. First, does the Legal Counsel think General Assembly resolution can confer the role pulsory arbitrator upon the Secretary-General or h sentative in the absence of the explicit consent sides and even ofthe Secretary-Generalhimself? S has there been any precedent to this effect? Thir such a provision be in conformity with establish national practice?
Mr. Eralp TUR Türkiye #3090
1 should like to explain our vote on draft resolution XI, "Missing persons in Cyprus". As representatives may recall, during the discussion of the question of missing persons in CypruS in the Third Committee on 12 December 1978, my delegation sought the opinion of the Legal Counsel on the following questions. First, does the Legal Counsel think that a General Assembly resolution can confer the role of com- pulsory arbitrator upon the Secretary-General or his repre- sentative in the absence of the explicit consent of both sides and even ofthe Secretary-General himself? Secondly, has there \leen any precedent to this effect? Thirdly, will such a provision be in conformity with established inter- national practice? 169. At that time, no answer was given, and th sentative of the Secretary-General informed th Committee then that the Legal Counsel would ~ position to providerepliesat a later stage. 170. Thereupon, I wrote to the Secretary-Genera December, requesting that the LegalCounseHurnis 169. At that time, no answer was given, and the repre- sentative of the Secretary·General informed the Third Committee then that the Legal Counsel would be in a .. position to provide replies at a later stage. 170. Thereupon, I wrote to the Secretary-GeneraI, on 13 December, requesting that the Legal Counsel furnish replj.es "Dear Mr. Ambassador, "In reply to your letter of 13 December ~978 to the Secretary-General, in which you requested an answer by the Legal Counsel to several questions, I have the honour to attach these answers." The answers read as follows: "Befcre responding to the questions raised by the Permanent Representative of Turkey in his letter ad- dressed to the Secretary-General dated 13 December 1978, it is useful fIrst of all to characterize the particular procedure which is envisaged in the resolution adopted by the Third Committee. The 'investigatory body' to be established by this resolution is in the nature of an ad hoc body of inquiry or fact-fmding rather than of arbitration or judicial settlement. The procedure, in other words, is diplomatic, not judicial, in nature. It follows from this that the assimilation of this body to a process of arbitration is not appropriate. It is clear, however, that the procedure envisaged has the purpose of settling a dispute, a term which ill its widest sense may be understood as a disagreement on a point of law or fact. All dispute settlement procedures, whether diplomatic or Judicial, are based on the consent of the parties. In the light of the foregoing, it is possible to formulate the follOWing answers to the questions raised: "1. In the absence of the explicit consent of both sides, the General Assembly cannot confer upon the Secretary-General the role of a compulsory arbitrator. " "2. There is no precedent for conferring such a role . upon the Secretary-General in the absence of the consent of the parties. "3. Established international practice ill the matter of dispute settlement attaches primacy to the consent of the parties. Such consent must be express and not implied." "I. In the absence of the explicit consent of both sides, the General Assembly cannot confer upon the Secretary-General the role of a compulsory arbitrator. . 171. I should like to extend to the Legal Counsel the appreciation of my delegation for his clear and authori- tative opinion on the provisions of "the draft resolution concerning "Missing persons in Cyprus". "2. There is no precedent for conferring such a role upon the Secretary-General in the absence of the consent of the parties. 172. My delegation explained, at some length, in the Third Commhteet ! why the Turkish side was strongly opposed to the draft in question. Therefore, I do not intend to go into detail once again and take the time of the General Assembly. However, I should like to draw the attention of representatives to the crucial importance of the statement of the Legal Counsel that we have just heard. The Legal "3. Established international practice !n the matter of dispute settlement attaches primacy to the consent of the parties. Such consent must be express and not implied." 171. 1 should like to extend to the Legal Counsel the appreciation of my delegation for ~s clear and a~thori­ tative ppinion on the provisions of the draft resolution concerning "Missing persons in Cyprus". I Counsel explains in no uncertain terms that, in the absence of the explicit consent of both sides, the General Assembly 172. My delegation explained, at some length, in the Third Committee11 why the Turkish side was strongly opposed to the draft in question. Therefore, 1 do not intend to go into detail once again and take the time of the General Assembly. However, 1 should like to draw the attention of representatives to the crucial importance of the statement 0{ the Legal Counsel that we have just heard. The Legal 11 See 0flzeial Records of the General Assembly. Thirty-third Session. Third Committee. 74th meeting, paras. 19~200, 207-213 and 221-223, and ibid.. Third Committee. Sessional Fascicle, conigendum. I Counsel explains in no uncertain terms that, in the absence of the explicit consent of both sides, the General Assembly 11 See OfFICial Records of the General Assembly. Thirty-third Session. Third Committee. 74th meeting, paras. 19~200. 207·213 and 221-223. and ibid.. Third Committee. SesnoTUlI Fascicle, corrigendum. 174. The most const zation can make In th to come to the neg resolution that will ha legal or moral. 173. I am confIdent that all representatives realize the seriousness of this matter. Trying to dictate formulas which contradict the most elementary rules of international practice in the field of dispute settlement and which impose compulsory arbitration in the face of the explicit dissent of one of the parties, can in no way be conducive to solution of the problem. 175. This draft, if irreparably the autho Assembly and will im ofa settlement. 174. The most constructive contribution that this Organi- zation can make i.'l this respect is to encourage the parties to come to the negotiating table-"~d not to adopt a resolution that will have no practical consequences, be they legal or moral. 176. Furthermore, t resolution (see A/33/5 absurd exercise, sett financial implications having categorically d attempt at imposing c of any sum for such least, lacking in seriou 175. This draft, if adopted, will no doubt undermine irreparably the authority and credibility of the General Assembly and will impede rather than facilitate the process ofa settlement. 177. On the other ha rejection of this draf not-affect the pursu tarian question. Res without a vote last community has declar workings of the inv resolution. 176. Furthermore, the Fifth Committee has adopted a resolution (see A/33/531], on the fmancial aspects of this absurd exercise, setting aside a sum of $80,000 for its fmancial implications. One of the parties to the dispute having categorically declared that it will have no part in this attempt at imposing compulsory arbitration, the allocation of any sum for such a still-born operation is, to say the least, lacking in seriousness. 178. If the Greek C delaying tactics and p establishing the modal this problem can be se 177. On the other hand, there should be no doubt that the rejection of this draft resolution will not-I repeat, will not-affect the pursuit of a just solution of this humani- tarian question. Resolution 32/128, which was adopted without a vote last year, is still valid and the Turkish community has declared its intention of participating in the workings of the investigatory body set up under that resolution. 179. I therefore stro that voted for this dra once again, as a matt interests, in the inter interests of the peopl futile and still-born solidarity among the m within and outside the assumes such proport support my fellow-me or wrong" or if it resolution in flagrant principle ofinternatio done to the Organizat 178. If the Greek Cypriot administration desists from its delaying tactics and proceeds to take part in good faith in establishing the modalities for the functioning of that body, this problem can be seriously tackled. 179. 1 therefore strongly appeal to all those delegations that voted for this draft in the Third Committee to consider once again, as a matter of conscience, whether it is in their interests, in the interests of the United Nations or in tb.~ interests of the peoples of Cyprus to lend support to su~n. a futile and still-born exercise. We respect the spirit of solidarity among the members of various political groupings within and outside the United Nations; but ifthat solidarity assumes such proportions as to be equal to saying, "I shall support my fenow-member ofthe group whether he is right or wrong" or if it induces them tl) vote for a draft resolution in flagrant contradiction with the most basic principle ofinternational law, then a grave disservice will be done to the Organization. .._- _.~--+--.- .~.- _._--~. ~._-----~--~---- 182. Therefore, while we support the efforts of the United Nations on behalf of the victims of that country, we shall abstain in the vote on the draft resolution concerning the protection of human rights in Chile. 183. In conclusion, my delegation would like to make known to the General Assembly that it abstained in the vote oil draft resolution A/C.3/33/L.73 on the protection of human rights in Chile. We do not understand why our recorded vote is shown in the documents as having been "yes". The delegationof Zairewould like to emphasize that its position on this question has not changed. We have alwaysabstained, as we are goingto do now, for the reasons which I have just cited. We should like to have this statement appear in the record of this meeting. 182. Therefore, while we support the efforts of the United Nations on behalf of the victims of that country, we shall abstain in the vote on the draft resolution concerning the protection of human rights in Chile. 183. In conclusion, my delegation would like to make known to the General Assembly that it abstained in the vote oil draft resolution A/C.3/33/L.73 on the protection of human rights in Chile. We do not understand why our recorded vote is shown in the documents as having been "yes". The delegation of Zaire would like to emphasize that its position on this question has not changed. We have always abstained, as we are going to do now, for the reasons which I have just cited. We shoulq like to have this statement appear in the record of this meeting.
Mr. Djigo SEN Senegal [French] #3091
My delegation will vote in favour of the amendment in document A/33/L.35. We consider that the protection of human rights, in order to be credible, must not be selective. Actually, the violation of human rights must remain the constant concern of the international community, espe- cially this year when we are celebrating the thirtieth anniversary of the adoption of the Universal Declaration of Human Rights.
Mr. Djigo SEN Senegal [French] #3092
My delegation will vote in favour of the amendment in document A/33/L.35. We consider that the protection of human rights, in order to be credible, must not be selective. Actually, the violation of human rights must remain the constant concern of the international community, espe- cially this year when we are celebrating the thirtieth anniversary of the adoption of the Universal Declaration of Human Rights. 185. Senegal, for its part, considers that the amendment submitted by Italy is timely and, consequently, should be taken into account by the General Assembly. It'will be understood that my country's concern is part and parcel of its determination to defend human rights. We consider, therefore, that the Commission on Human Rights should be ina position to establish a committee of inquiry whenever it has information to the effect that human rightsare being systematically and flagrantly violated. What is at stake is the credibility ofthe United Nations, which should not give precedence to action against one country over that against another. It is this logic which justifies our participation in the Ad Hoc WorkingGroup on Chile, and it is on the basis of this logic that we support the amendment of Italy, which, if it is adopted, would be the .best means of preventingany violation ofhuman rights. 185. Senegal, for its part, considers that the amendment submitted by Italy is timely and, consequently, should be taken into account by the General Assembly. It'will be understood that my country's concern is part and parcel of its determination to defend human rights. We consider, therefo,e, that the Commission on Human Rights should be in a pusition to establish a committee of inquiry whenever it has information to the effect that human rights are being systematically and flagrantly violated. What is at stake is the credibility of the United Nations, which should not give precedence to action against one country over that against another. It is this logic which justifies our participation in the Ad Hoc Working Group on Chile, and it is on the basis of this logic that we support the amendment of Italy, which, if it is adopted, would be the best means of preventing any violation ofhuman rights.
Mr. Lamb AUS Australia #3093
The Australian delegation will vote in favour of the amendment to draft resolution XV, submitted by Italy in document A/33/L.35. like many other delegations which have spoken today to explain their votes, we remember very well the events in the Third _· ...J.d,_i#_....7'~~~-~....
Mr. Lamb AUS Australia #3094
The Australian delegation will vote in favour of the amendment to draft resolution XV, submitted by Italy in document A/33/L.35. Like many other delegations which have spoken today to explain their votes, we remember very well the events in the Third 187. Perhaps it would help if, in explaining my vote~ I recalled now what happened then, because there have been some statements in explanation today which have rather skimmed over those events. The proposal to delete the paragraph was adopted by a vote of 47 to 45, with a large number of abstentions. After that vote, it was found that three delegations had voted in error and that the voting machine itself had created another error. The result of the vote, had none of those errors taken place, would have been in favour of the retention of the paragraph. However, as it "happened, the paragraph was deleted because of those errors. We frrmly believe that the delegation of Italy is fully justified in seeking the opinion of the Gener.al Assembly as a whole as to whether the paragraph should be reinstated. We very much trust that it will be reinstated, because it adds a certain balance to the draft resolution as a whole, and it certainly does nothing either illegal or unconsti- tutional, either undesirable or invalid in any way for the purposes of the protection and promotion ofhuman rights. 188. The paragraph suggested by the delegation o as introduced by the representative of Italy, inv Commission on Human Rights, within the framew the over-all analysis of alternative approaches and w means for ensuring the effective improvement of rights and fundamental freedoms, to consider whe experience which has been gained from the investig the situation of human rights in Chile might be pr applied if similar situations should arise elsewhere says, by reference to paragraph 1 (e) of resolution that the Commission on Human Rights should bear mass and flagrant violationsof human rights ofpeop persons affected by situations such as those resultin apartheid, all forms of racial discrimination, colo and a number of other very important violationso rights. But in its operative paragraph 1 (e), re 32/130 says, "such as those resulting from aparthe other violations of human rights. The Italian propo "consistent patterns of gross violations of human including those referred to in paragraph 1fe) of re 32/130". And one delegation, in explaining its vot has suggested that the words "including those" pu invest the Commission on Human Rights with r bilities beyond its normal call of duty. 188. The paragraph suggested by the delegation of Italy, as introduced by the representative of Italy, invites the Commission on Human Rights, within the framework of the over-all analysis of alternative approaches and ways and means for ensuring the effective improvement of human rights and fundamental freedoms, to consider whether the experience which has been gained from the investigation of the situation of human rights in Chile might be profitably applied if similar situations should arise elsewhere. It also says, by reference to paragraph 1 (e) of resolution 32/130, that the Commission on Human Rights should bear in mind mass and flagrant violations of human rights ofpeoples and persons affected by situations such as those resulting from apartheid, all forms of racial discrimination, colonialism and a number of other very important violations ofhuman rights. But in its operative paragraph 1 (e), resolution 32/130 says, "such as those resulting from apartheid" and other violations of human rights. The Italian proposal says, "consistent patterns of gross violations of human rights, including those referred to in paragraph 1/e) of resolution 32/130". And one delegation, in explaining its vote today, has suggested that the words "including those" purport to invest the Commission on Human Rights with responsi- bilities beyond its normal call of duty. 189 Perhaps it might be wise to remind the Assembly that resolution 32/130, for all its good and it has very many, and my delegation has cons supported it-does not mention every single gr consistent mass violation of human rights. How co For example, one that it does not mention is gen find it difficult to believe that, .if a case of genocid the delegations would wish the Commission on Rights not to take it into account and consider wh might be desirable to set up an ad hoc working gro similarinvestigative body. 189. Perhaps it might be wise to remind the General Assembly that resolution 32/130, for all its good points- and it has very many, and my delegation has consistently supported it-does not mention every single gross and consistent mass violation of human rights. How could it? For example, one that it does not mention is genocide. I f"md it difficult to believe that, if a case of genocide arose, the delegations would wish the Commission on Human Rights not to take it into account and consider whether it might be desirable to set up an ad hoc working group or a similar investigative body. 190. Some delegations have also mentioned the q of lack of time to consider the proposal put forw Italy. My delegation had occasion to refer to this q when the matter was debated in the Third Com 190. Some delegations have also mentioned the question of lack of time to consider the proposal put forward by Italy. My delegatiorr had occasion to refer to this question _ when the matter was debated in the Third Committee. 191. My delegation is only able to conclude from these events that those delegations that have in the past consis- tently voted in favour of examining the situation of human rights in Chile through the institution of a working group but that now have difficulty in envisaging the creation of similar working groups if similar situations should occur must have been motivated by considerations not wholly concerned with the promotion and protection of human rights. •12. My delegation is not one of those. My delegation has consistently supported the need for an ad hoc working group to inquire into the situation in Chile, and, just as consistently, it supports the need for similar working groups should similar situations ever arise again. We join with Italy in commending the paragraph in document A/33/L.35 to the General Assembly. 191. My delegation is only able to conclude from these events that those delegations that have in the past consis- tently voted in favour of examining the situation of human rights in Chile through the institution of a working group but that now have difficulty in envisaging the creation of similar working groups if similar situations should occur must have been motivated by considerations not wholly concerned with the promotion and protection of human rights.
Mr. Sherifis CYP Cyprus #3095
The recommendation of the Third Committee on the question ofmissing persons in Cyprus is the outcome of an elaborate debate in the course of which all the differing viewpoints were advanced and the various postttons were clarified. In its wisdom the Third Committee decided, by 67 votes in favour to 5 ag nst, to present to the Assembly for consideration and adoption the text contained in draft resolution XL It is not therefore my intention to enter into a lengthy repetition of arguments, for indeed that would serve no useful purpose. I shall simply explain my vote. •'}2. My delegation is not one of those. My delegation has consistently supported the need for an ad hoc working group to inquire into the situation in Chile, and, just as consistently, it supports the need for similar working groups should similar situations ever arise again. We join with Italy in commending the paragraph in document A/33/L.35 to the General Assembly.
Mr. Sherifis CYP Cyprus #3096
The recommendation of the Third Committee on the question ofmissing persons in Cyprus is the outcome of an elaborate debate in the course of which all the differing viewpoints were advanced and the various positio'ls were clarified. In its wisdom the Third Committee decided, by 67 votes in favour to 5 ag nst, to present to the Assembly for consideration and adoption the text contained in draft resolution XL It is not therefore my intention to enter into a lengthy repetition of arguments, for indeed that would serve no useful purpose. I shall simply explain my vote. 194. We do not need polemics or lengthy legalistic debates or legal sophistries. What we need is a meaningful and substantial resolution, an action-oriented resolution which will mean the establishment of an investigatory body that will be in a position to take decisions when required and have freedom of movement as needed with a view to accomplishing its purely humanitarian task. We do not need a fragile body ready to collapse at the slightest disagree- ment among its members, destroying with it the hopes and trust placed in it by the relatives of more than 2,000 missing persons in Cyprus. And yet that would be the result if we were not to empower the eminent and impartial personality who will be the third member of the group with the right to express an independent opinion that will prevail in case of disagreement between the other two members. 194. We do not need polemics or lengthy legalistic debates or legal sophistries. "''hat we need is a meaningful and substantial resolution, an action-oriented resolution which will mean· the establishment of an investigatory body that will be in a position to take decisions when required and have freedom of movement as needed with a view to accomplishing its purely humanitarian task. We do not need a fragile body ready to collapse at the slightest disagree- ment among its members, destroying with it the hopes and trust placed in it by the relatives of more than 2,000 missing persons in Cyprus. And yet that would be the result if we were not to empower the eminent and impartial personality who will be the third member of the group with the right to express an independent opinion that will prevail in case ofdisagreement between the other two members. 195. Why should anyone be afraid ofthe unbiased viewof such a third party? If we did not have that safegr how could the body avoid deadlock, with all the frustra••Jfi and 195. Why should anyone be afraid ofthe u.lbiased \'iew of such a third party? If we did not have that safegt' how could the body avoid deadlock, with all the frustr&•.JIl and 196. Let me make the follOWing two points. 198. Secondly, we operative paragraph International Comm becomes the Internat is much more accept 43 of the Secretary-G dated 1 December 19 197. First, the Government of Cyprus earnestly requests the establishment of the investigatory body enVisaged in the recommendation of the Third Committee. It does so for the benefit of all Cypriots, both those who are missing and those who have relatives missing. Such a body does not constitute an infringement of sovereignty. On the contrary, it is in exercise of our sovereignty that we request its establishment. 199. On behalf of m the relatives of miss Assembly to adopt b resolution presented said that no one can been impoverished h stand the plight of displaced himself, th meaning of the loss o own. But we all und misery of a mother w alive or dead. It is i that I ask the represe vote for the draft Committee. 198. Secondly, we emphasize the provision contained in operative paragraph 1 concerning the co-operation of the International Committee of the Red Cro~, a task that becomes the International Committee of the Red Cross and is much more acceptable to it, as is described in paragraph 43 of the Secretary-General's report in document S/12946, dated 1 December 1978,1 2 199. On behalf of my Government, but also on behalf of the relatives of missing persons in Cyp' I appeal to this Assembly to adopt by an overwhelming liIajority the draft resolution presented by the Third Committee. It has been said that no one can really understand poverty until he has been impoverished himself, that no one can really under- stand the plight of a displaced person until he has been displaced himself, that no one can really understand the meaning of the loss of home and land until he has lost his own. But we all understand the anguish, the agony and the misery of a mother who yearns to know whether her sonis alive or dead. It is in the name of such a Cypriot mother that I ask the representatives to give us their support and to vote for the draft resolution presented by the Third Committee. 200. We sincerely operating with us, Committee and with tried to help in the text which would stil machinery, the repr kinds of different ta adoption of an action the prevailing sad situ not accept the pro wanted time to think anew, since perhaps them, or has receive accept the proposals paragraph 68 of the on 1 December 1978 200. We sincerely regret the fact that instead of co- operating with us, with the Chairman of the Third Committee and with several well-meaning delegations which tried to help in the drafting of a meaningful compromise text which would still permit the establishment of workable machinery, the representative of Turkey resorted to all kinds of different tactics with a view to frustrating tile adoption of an action-oriented draft resolution dictated by the prevailing sad situation of the missing persons. He could not accept the proposals of the Secretary-General. He wanted time to think about them, he said. Let. us ask him anew, since perhaps in the meantime he has thought about them, or has received instructions, does he or does he not accept the proposals of the Secretary-General contained in paragraph 68 of the report of the Secretary-General issued on 1 December 19781 201. I wish to reiter the proposals of the what we would ha warrants, in a spirit o readiness for compro 17 See Official Recor Yea,-, Supplement for Oc 201. I wish to reiterate my Government's stand. Although the proposals of the Secretary-General were not exactly what we would have wished and what the situation warrants, in a spirit of goodwill and as further proof of our readiness for compromise and for results on this humani- 202. So now Mr. Eralp hasit from the highest authority in the United Nations. He has been told that this is not an issue of arbitration, let alone compulsory arbitration. What we are concerned with is an ad hoc committee of inquiry, or a fact-finding group, shall we say, so the theoretical aspects of the question are of no relevance to the problem now before us. Members of the Assembly have it before them. The Legal Counsel said: "The 'investigatory body' to be established by this resolution is in the nature of an ad hoc body of inquiry or fact-finding rather than of arbitration or judicial settle- ment. The procedure, in other words, is diplomatic, not judicial, in nature." [Seeabove, para. 170.J 202. So now Mr. Eralp has it from the highest authority in the United Nations. He has been told that this is not an issue of arbitration, let alone compulsory arbitration. What we are concerned with is an ad hoc committee of inquiry, or a fact-fmding group, shall we say, so the theoretical :aspects of the question are of no relevance to the problem now before us. Members of the Assembly have it before them. The Legal Counsel said: 203. But Mr. Eralp produced another argument: he said that we should not adopt this {z2ft resolution because one of the sides does not agree. If wewere to follow his logic, we should never adopt a draft resolution on aparth,?f11 because South Africa does nG~ agree. For that matter, we should never adopt a draft resolution on Namibia or Zimbabwe, to mention only two examples. I say that it is the responsibility 'of the General Assembly to adopt resolutions on those important items, just as it is the responsibility of the General Assembly to deal with the issue now before us. "The 'investigatory body' to be established by this resolution is in the nature ofan ad hoc body of inquiry or fact-fmding rather than of arbitration or judicial settle- ment. The procedure, in other words, is diplomatic, not judicial, in nature." [See above, para. 170.J 203. But Mr. Eralp produced another argument: he said that we should not adopt tills {,:.dt resolution because one of the sides does not agree. If we 'Ntre to follow his logic, we should never adopt a dmft 1'esolution on apartht':f11 because South Africa does nG~ agree. For that matter, we should never adopt a draft resolution on Namibia or Zimbabwe, to mention only two examples. I say that it is the responsibility ·of the General Assembly to adopt resolutions on those important items, just as it is the responsibility of the General Assembly to deal with the issue now before us. 204. Mr. Eralp laid stress on the fact that there is no precedent for such a resolution, but what Turkey did to Cyprus, and what the occupation forces did to the people of Cyprus are without precedent also. 205. In conclusion, I say: let us stop theorizing. Rather let us be sincere in. our endeavours on behalf of the missing persons. Let us not resort to procedural fireworks, legalistic arguments and delaying tactics. Let us work together to establish the facts about missing persons in Cyprus. In this respect, let us acknowledge the necessity for an effective decision·making process to be carried out by the investi- gatory body as the only way of avoiding deadlock and of carrying out this humanitarian task. Let us alleviate the human tragedy. let us vote for the recommendation ofthe Third Committee. Let us cease stalling. 204. Mr. Eralp laid stress on the fact that there is no precedent for such a resolution, but what Turkey £lid to Cyprus, and what the occupation forces did to the people of Cyprus are without precedent also. 205. In conclusion, I say: let us stop theorizing. Rather let us be sincere in our endeavours on behalf of the missing persons. Let us not resort to procedural fIreworks, legalistic arguments and delaying tactics. Let us work together to establish the facts about missing persons in Cyprus. In this respect, let us acknowledge the necessity for an effective decision-making process to be carried out by the investi- gatory body as the only way of avoiding deadlock and of carrying out this humanitarian task. Let us alleviate the human tragedy. Let us vote for the recommendation ofthe Third Committee. Let us cease stalling. 208. For these reasons and for those we mentioned i Third Committee,1 3 my delegation will vote agains Italian amendment. 1JJ7. Those countries apply a double standard in their policies and place the so-called violations ofhuman rights in third-world countries in the forefront, whereas they reIIlltin silent with regard to massive and flagrant violations of human rights in southern Africa, in Palestine and in other parts of the world whose s~;:ategic situation they consider vital for the safeguard of their interests. 209. Mr. PIZA·ESCALANTE (Costa Rica) (interpreta from Spanish): The delegation of Costa Rica wishe explain its vote before the vote on draft resolutions XIV and XV under agenda item 12, which are contain the report of the Thii:d Committee [A/33/509J and w in general refer to the situation ofhuman rights in Chil 208. For these reasons and for those we mentioned in the Third Committee,1 3 my delegation will vote against the Italian amendment. 210. My delegation will abstain in the vote on resolutions XIII and XIV, and will vote in favour of resolution XV if, as we hope, the amendment propose the representative of Italy is adopted; otherwise we abstain in the vote on draft resolution XV also.
Mr. Piza-Escalante C~sta Rica [Spanish] #3097
The delegation of Costa Rica wish6s to explain its vote before the vote on draft resolutions XIn, XN and XV under agenda item 12, which are contained in the report of the Tmrd Committee [A/33/509J and which in general refer to the situation ofhuman rights in Chile. 211. Our abstention with reference to the questio human rights in Chile does not in any way mean tha delegation, our Government and our people in genera indifferent to the situation in Chile. We are not indiff to any case of violation or alleged violation of human r anywhere in the world. Neither does this mean approval of the attitudes or actions of the Ch Government in that field, attitudes and actions tha have been the first to single out and censure. 210. My delegation will abstain in the vote on draft resolutions XIII and XN, and will vote in favour of draft resolution XV if, as we hope, the amendment proposed by the representative of Italy is adopted; otherwise we shall abstain in the vote on draft resolution XV also. 212. Our abstention, on the contrary, is for two reasons, one relating to Chile itself and the other to international struggle for the defence and protectio human rights. 211. Our ~,bstention with reference to the question of human rights in Chile does not in any way mean that our delegation, our Government and our people in general are indiff;.,.rent to the situation in Chile. We are not indifferent to any case of violation or alleged violation of human rights anywhere in the world. Neither does this mean any approval of the attitudes or actions of the Chilean Govcmment in that fIeld, attitudes and actions that we have been the frrst to single out and censure. 213. With regard to the first, the report of the Ad Working Group itself, a group which was established b Commission on Human Rights to study the situati Chile, expressly recognizes that there have been impo improvements in the field of respect for human eigh that country, to the point where it states that during there have been no reports or indeed any knowled missingpersons and that the other causes for Concern w led to its establishment have considerably dirrW 212. Our abstention, on the contrary, is for two basic reasons, one relating to Chile itself and the other to the international struggle for the defence and protection of human rights. 213. With regard to the fIrst, the report of the Ad Hoc Working Group itself, a group which was established by ilie Commission on Human Rights to study the situation in Chile, expressly recognizes that there have been important improvements in the fIeld of respect for human eights in that country, to the point where it states that dUring 1978 there have been no reports or indeed any knowledge of missing persons and that the other causes for concern which led to its establishment have considerably din:inished. 214. With regard to the general or international aspect, my delegation wishes to state very clearly that, for Costa Rica, any serious violation ox" human rights, wherever it may occur, justifies United Nations intervention-as we have stated many times-and just as vehemently we reject the reservations and the resistance of some delegations when- ever an initiative is forcefully taken in favour of human rights in general. With greater vehemence still, we reject the constant claims of those who call for action by our Organization in the field of human rights or in other fields in the case of countries which do nc·', belong to their political or ideological orbit, while they reiF:ct and resist it when those involved are in their sphe o of influence or friendship. 215. We believe that what most destroys the prestige of the United Nations and most undermines people's faith in the Organization is that policy of biased applause and censure, that view of human rights as a one-way street which makes our Organization appear as one party involved in the game of world politics, instead of being the champion of the creation of a new world for all mankind. 221. The examples are the following. There are countries which have drug addicts and violations of human rights occur because of the presence of certain narcotics dealers who bribe Governments and judges. There are countries where the number of child suicides is increa.ing year after year because mothers cannot take care of their children; they have to work in order to supplement the incomes of their husbands, and the children are left in the streets. There are States where rape is becoming an ordinary matter; let them protect their women from rape, for the right of women to be protected in the streets is being violated. 216. It is that very commitment on our part to the cause of human rights, without qualifications.or false attitudes concealing flagrant partiality, that leads us to vote in favour of the Italian amendment to draft resolution XV, which tries to re-establish e importance of human rights everywhere, and to tnat extent, restores to the lraft resolution its sense of balance and justice. 215. We believe that what most destroys the prestige of the United Nations and most undennines people's faith in the Organization is that policy of biased applause and censure, that view of human rights as a one-way street which makes our Organization appear as one party involved in the game of world politics, instead of being the champion of the creation of a new world for all mankind. 217. Furthermore, we could have supported a much more specific and aggressive amendment. In this connexion, from the outset we thought that the wording proposed by Italy was so moderate and general that no delegation would venture to oppose it. However, we have all seen with regret how objections have been made to it and how those 216. It is that very commitment on our part to the cause of human rights, without qualifications or false attitudes concealing flagrant partiality, that leads us to vote in favour of the Italian amendment to draft resolution XV, which tries to re-establish e importance of human rights everywhere, and to tnat extent, restores to the lraft resQlution its sense of balance and justice. 222. Now, do not think that I am going to mention any country by name. Most countries-including my own- sometimes suffer from aberrations, because no country is perfect. But we have never claimed to be "holier than thou", presuming that we could do something about the situation on a global basis. o~ections are being maintained. There were negative votes-and may be negative votes again-by delegations which pay lip service to the struggle for human rights and which consistently do their utmost to block any action that seeks to make that struggle effective and that is not a simple tool of propaganda. 217. Furthermore, we could have supported a much more specific and aggressive amendment. In this connexion, from the outset we thought that the wording proposed by Italy was so moderate and general that no delegation would venture to oppose it. However, we have all seen with regret 223. We have regional commissions of human rights; I applauded the establishment of the commission in Stras- bourg. In the Arab countries we have 3. regional place. We are dealing with violations of human rights as seriously as we can, but even if my country gave me instructions, I would tell it, "Please do not even evoke the suspicion that we may be doing this in order to divert the attention of our own people from their ills by trying to fmd fault with other countries, where perhaps there are small violations of human rights". 218. For those reasons, we not only support the amend- ment proposed by the delegation of Italy but, were it to be rejected, we should abstain in the vote on draft resolution XV, which, in the absence of that amendment, would lack meaning and justification. !lOW objections have been made to it and how those o~ections are being maintained. There were negative vot~-and may be negative votes again-by delegations which pay lip service to the struggle for human rights and which consistently do their utmost to block any action that seeks to make that struggle effective and that is not a simple tool of propaganda. 219. Concerning the other draft resolutions under item 12, my delegation confirms that it will vote affirmatively on all of them, as it did in the Third Committee. 224. Let each Member State exert efforts in order to reform its own country and see that violations of human rights progressively diminish; let us not use human rights as a ploy in order to divert the attention of the people of their respective countries' and make them feel how fortunate they must be by saying, "See what is happening in Saudi Arabia") or "in the Soviet Utlion" or sometimes "in Englami" or whatever count.' y one likes, and using the human rig:lts question as a diversionary manoeuvre. If we refrain from doing that, we shall be on the threshold of a new departure.. We would be trying not to meddle in the affairs of others. 218. For those reasons, we not only support the amend- I ment proposed by the delegation of Italy but, were it to be rejected, we should abstain in the vote on draft resolution XV, which, in the absence of that amendment, would lack meaning and justification.
Mr. Baroody SAU Saudi Arabia #3098
With all due respect and, I should add, affection for my friends from Italy, I am opposed to the Italian amendment with regard to human rights, because it would create a lot of trouble in the world, were we to adopt it. In order to be specific, instead of talking in the abstract: if this amendment succeeds, it will aid many States which want to divert attention from 219. Concerning the other draft resolutions under item 12, my delegation confirms that it will vote affirmatively on all of them, as it did in the Third Committee.
Mr. Baroody SAU Saudi Arabia #3099
With all due respect and, I should add, affection for my friends from Italy, I am opposed to the Italian amendment with regard to human rights, because it would create a lot of trouble in the world, were we to adopt it. In order to be specific, instead of talking in the abstract: if this amendment succ.eeds, it will aid many States which want to divert attenti9n from 225. That does not mean we should not gently warn others who have committed flagrant violations on a large scale, but if we warn them in public it is like saying to somebody who has lied, "You are a liar". That person would either fIght with you or tell you "You are a liar yourself'. This is a simple matter. You are telling off a 221. The examples are t which have drug addicts occur because of the pre who bribe Governments where the number of chil year because mothers ca they have to work in ord their husbands, and the There are States where matter; let them protect right of women to be p violated. 222. Now, do not think country by name. Most sometimes suffer from ab perfect. But we have ne thou", presuming that w situation on a global basis 223. We have regional applauded the establishm bourg. In the Arab count are dealing with violation we can, but even if my would tell it, "Please do n we may be doing this in o own people from their ills countries, where perhap human rights". 224. Let each Member reform its own country a rights progressively dimini a ploy in order to divert th respective countries' and they must be by saying, Arabia") or "in the So England" or whatever c human rights question as refrain from doing that, new departure..We would affairs of others. 225. That does not me others who have commit scale, but if we warn th somebody who has lied, would either fight with yourself'. This is a simp I1'J 226. This is not a policy of the Arabs, or the Asians, or the Africans, who most likely will be the butt of violations of human rights when it suits certain countries; and some of our Latin American friends will be made the butt, with all due respect to the representative of Costa Rica, and whoever has the idea of establishing some mechanism for reducing violations of human rights. Instead of such a mechanism being a deterrent, a lot of trouble and ill-feeling will be created between delegations. I am not speaking on the basis of any ideology. The Creator of the Universe, not the traditi"nal God, is my witness. I am speaking from my humble experience in these matters. 11I 1 1 1i 227. There were times when outside the gate of the United Nations for six or seven years, under pressure, the host country allowed not only demonstrations but the distribution of tracts saying how bad the Soviet Union.was. I, as a representative of a monarchy, asked representatives of that Government quietly time and again-this was during the cold war-"How can we improve relations with one another, between one ideology and another when we allow this under the aegis of 'freedom of thought and informa- tion'? " That was what I would call license. This went on for several years, until finally the American people realized that this was not the way to defend human rights, whether they are truly violated in the socialist countries or only allegedly violated. Ii /) I; f\HHU I' 227. There were times when outside the gate of the United Nations for six or seven years, under pressure, the host country allowed not only demonstrations but the distribution of tracts saying how bad the Soviet Univll. was. I, as a representative of a monarchy, asked representatives of that Government quietly time and again-this was during the cold war-"How can we improve relations with one another, between one ideology and another when we allow this under the aegis of 'freedom of thought and informa- tion'? to That was what I would call license. This went on for several years, until finally the American people realize~ that this was not the way to defend human rights, wheth~r they are truly violated in the socialist countries or only allegedly violated. 11 if 11 [1 Ii 228. Let us be practical. If, instead of mending things in our respective countries and setting our own house in order, we go and meddle in the affairs of other people it will mean alienation; it may mean friction; in the- end it may mean war. Let each State therefore clean its house and set it in order; set itself up as an example; remove violations of human rights as much as is humanly possible-: '.-mot be done overnight-so that others may emulate it... il.dt would be acting with restraint, not through propaganda, not through meddling by a group, whatever it may be, with all due respect to those who will be elected. I am not talking about persons here. Now, almost everybody is brainwashed. We live in the age of activism, unfortunately. I have witnessed such activism in 30 or 40 years as I never saw in my life.... i li If I! ! 228. Let us be practical. If, instead of mending things in our respective countries and setting c..,ur own house in order, we go and meddle in the affairs of other people it will mean alienation; it may mean friction; in the- end it may mean war. I..et each State therefore clean its house and set it in order; set itself up as an example; remove violations of human rights as much as is humanly possible-i -·,not be done overnight-so that others may emulate it... hoit would be acting with restraint, not through propaganda, not through meddling by a group, whatever it may be, with all due respect to those who will be elected. I am not t~g about persons here. Now, almost everybody is brainwashed. We live in the age of activism, unfortunately. I have witnessed such activism in 30 or 40 years as I never saw in my life....
The President #3100
MayI appeal to the representative of Saudi Arabia. It is very late and we do have quite a lot of work to do. Please be as briefas you can, Sir.
Mr. Baroody SAU Saudi Arabia #3101
I will be brief, but not under any rule that sets limits for explanations of vote. One of your colleagues-I shallnot name him-tried to stop me. He was wrong and I kept silent. Nobody can stop me when I am within my rights, with all due respect.
The President #3102
May I appeal to the representative of Saudi Arabia. It is very late and we do have quite a lot of work to do. Please be as briefas you can, Sir. 231. Th,; PRESIDENT: Very well. I appeal to you.
Mr. Baroody SAU Saudi Arabia #3103
I take your appeal into account, but this is a very important question. I speak
Mr. Baroody SAU Saudi Arabia #3104
I will be brief, but not under any rule that sets limits for explanations of vote. One of your colleagues-I shall not name him-tried to stop me. He was wrong and I kept silent. Nobody can stop me when I am within my rights, with all due respect. ·~JfB~-~:::!3I~_!'iJI"-""-""'-- " "_".?"'l~I[_I.III.;.I••1.1I._n_r•..,~. •• KM I rf '"'11" 231. Th.; PRESIDENT: Very well. I appeal to you.
Mr. Baroody SAU Saudi Arabia #3105
I take your appeal into account, but this is a very important question. I speak 234. Forgive me, Mr. President; 1did not mean to be ru but I wanted to be emphatic. 233. Winding up, I appeal to everyone here te vote against the Italian amendment because it would open the door to many dangerous situations; and if it should be adopted by an action of solidarity not based on common sense and justice, everyone will have a duty later to raise his voice and not allow such a committee to enter his countly.
The President #3106
The General Assembly will n take a decision on the 15 draft resolutions recommen by the Third Committee in paragraph 65 of its rep [AJ33/509] and on the Italian amendment to d resolution XV [AJ33/L.35]. asorally revised by its spon [seeabove, para. 131]. 234. Forgive me, Mr. President; I did not mean to be rude, but I wanted to be emphatic. 236. Draft resolution I is entitled "Migratory labou southern Africa". The Third Committee adopted d resolution I without a vote. May I take it that the Gen Assembly wishes to do likewise?
The President #3107
The General Assembly will now take a decision on the 15 draft resolutions recommended by the Third Committee in paragraph 65 of its report [A/33/509] and on the Italian amendment to draft resolution XV [A/33/L.35]. as orally revised by its sponsor [see above, para. 131]. Draftresolution I was adopted(resolution 33/162).
The President #3108
Draft resolution II is enti "Measures to improve the situation and ensure the hum rights and dignity of migrant workers". A recorded vote been requested. 236. Draft resolution I is entitled "Migratory labour in southern Africa". The Third Committee adopted draft resolution I without a vote. May I take it that the General Assembly wishes to do likewise? In favour: Afghanistan, Algeria, Angola, Argent Austria, Bahamas, Barbados, Belgium, Benin, Bhu Bolivia, Botswana, Brazil, Bulgaria, Burundi, Byelorus Soviet Socialist Republic, Canada, Cape Verde, Cen African Empire, Chad, Chile, China, Colombia, Con Costa ttica, Cuba, Cyprus, Czechoslovakia, Democr Yemen, Denmark, Djibouti, DominicanRepublic, Ecua Egypt, El Salvador, Equatorial Guinea, Ethiopia, Finland, Gambia, German Democratic Repubdc, Gh Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, H Honduras, Hungary, Iceland, India, Indonesia, Iran, I Ireland. Jamaica, Japan" Jordan, Kenya, Lao.,Pe-o Democratic Republic, Lebanon, Lesotho, Libyan A Jarnahiriya, Madagascar, Malaysia, Maldives, Mali, M Mauritania, Mauritius, Mexico, Mongolia,Moroo:o, Moz bique, Nepal, New Zealand, Nicaragua, Niger, Nig Norway, Oman, Pakistan, Panama, Papua New Gui Paraguay, Peru, Philippines, Poland, Portugal, Q Romania, Rwanda, Samoa, Sao Tome and- Principe, S Arabia, Senegal, Sierra Leone, Somalia, Spain, Sri La Sudan, Suriname, Swaziland, Sweden, Syrian Arab Rep lic, Thailand. Togo, .Trinidad and Tobago, Tunisia, Tur Uganda, Ukrainian Soviet Socialist, Republic~ Union
A recorded vote was taken.
Draft resolution Iwas adopted (resolution 33/162).
The President #3109
Draft resolution 11 is entitled "Measures to imp'.:~ve the situation and ensure the human rights and dignity of migrant workelS". A recorded vote has been requested.
A recorded vote was taken.
The President #3110
Draft resolution III is entitled "Assistance to South African student refugees". The Third Committee adopted draft resolution III without a vote. May I take it that the General Assembly wishes to do likewise?
Draft resolution If was adopted by 124 votes to none, with 14 abstentions (resolution 33/163).14
Draft resolution Illwas adopted (resolution 33/164).
The President #3111
Draft resolution IV is entitled "Status of persons refusing service in military or police forces used to enforce apartheid". The Third Committee adopted draft resolution IV without a vote. May I take it that the General Assembly wishesto do likewise?
The President #3112
Draft resolution III is entitled "Assistance to South African student refugees". The Third Committee adopted draft resolution III without a vote. May I take it that the General Assembly wishes to do likewise? Draft rp-solution IIIwas adopted (resolution 33/164).
Draft resolution IV was adopted (resolution 33/165).
The President #3113
Draft resolution V is entitled "Question of a convention on the rights of the child". The Jhird Committee adopted draft resolution V without a vote. May I take it that the General Assembly wishes to do likewise?
The President #3114
Draft resolution IV is entitled "Status of persons refusing service in military or police forces used to enforce apartheid". The Third Committee adopted draft resolution IV without a vote. May I take it that the General Assembly wishes to do likewise? Draft resolution V wasadopted (resolution 33/166).
Draft resolution IV was adopted (resolution 33/165).
The President #3115
Draft resolution V is entitled
The President #3116
We turn nov ~ .oft resolute VI, entitled "Regional arrangements 1 , ....e .motton an. protection of human rights". The r"'i t of the Fifth Committee on the administrative and flnancial implications of that draft resolution is contained in document A133/ 531. The Third Committee adopted draft resolution VI without a vote. May I take it that the General Assembly wishesto do likewise? ~'Question of a convention on the rights of the child". The JItird Committee adopted draft resolution V without a vote. May I take it that the General Assembly wishes to do likewise?
Draft resolution V was adopted (resolution 33/166).
The President #3117
We turn no-:- ~ ·,ft resoluti< VI, entitled "Regional arrangements! ... , ....t :_notion a.'I. protection of human rights". The fp;"i t Jf the Fifth Committee on the administrative and fmarlcial implications of that draft resolution is contained in document Aj33/ 531. The Third Committee adopted draft resolution VI without a vote. May I take it that the General Assembly wishes to do likewise? Draft resolution'VI was adopted (resolution 33/167).
The President #3118
Draft resolution VII is entitled "Narcotic drugs". The Third Committee adopted draft resolution VII without a vote.' May I take it that the General Assembly wishes to do likewise? Draft resolution VII wasadopted (resolution 33/168).
Draft resolution VI was adopted (resolution 33/167).
The President #3119
Draft resolution VIII is entitled "Protection of human rights of arrested or detained trace union activists". The Third Committee adopted draft
The President #3120
Draft resolution VII is entitled "Narcotic drugs". The Third Committee adopted draft resolution VII without a vote. May I take it that the General Assembly wishes to do likewise? 14 The delegation of Bangladesh subsequently informed the Secretariat that it wished to have its vote recorded as having been in favour of the draft resolution• ••
Draft resolution VII was adopted (resolution 33/168).
The President #3121
Draft resolution VIII is entitled "Protection of human righb of arrested or detained tra<!e union activists". The Third Committee adopted draft 14 The <relegation of Bangladesh subsequently informed the Secretariat that it wished to have its vote recorded as having been in fayour of the draft resolution.
The President #3122
"United Nations Yearboo Committee adopted that May I take it that the likewise?
The President #3123
Draft resolution IX is entitled "International Year for Disabled Persons". The Third Committee adopted draft resolution IX without a vote. May I take it that the General Assembly wishes to do likewise?
Draft resolution X was a
Draft resolution IX was adopted (resolution 33/170).
The President #3124
W XI, entitled "Missing pers Fifth Committee on the a cations of that draft reso A/33/531. A recorded vot
The President #3125
Draft resolution X is entitled "United Nations Yearbook on Human Rights". The Third Committee adopted that draft resolution without a vote. May I take it that the General Assembly wishes to do likewise? In favour: Afghanista Barbados, Benin, Bhut Burundi, Cape Verde, Ce Congo, Costa Rica, Cub Dominican Republic, Ec Gambia, Greece, Guat Guyana, Haiti, Hondura Jordan, Kenya, Lebanon Maidives, Mali, Malta, Niger, Nigeria, Panama, Pa Rwanda, Samoa, Sao To Leone, Sri Lanka, Sudan, United Arab Emirates, United Republic of Tanza Nam, Yugoslavia,Zambia
A recorded vote was take
Draft resolution X was adopted (resolution 33/171).
The President #3126
We now come to draft reSOlUtion XI, entitled "Missing persons in Cyprus". The report of the Fifth Committee on the administrative and fmancial impli- cations of that draft resolution is contained in document A/33j53 1. A recorded vote has been requested. In favour: Afghanistan, Algeria, Angola, Austria, Bahrain, Bangladesh, Belgium, Benin, Bhutan, Botswana, Bulgaria, Burundi, Byelorussian Soviet Socialist Republic, Canada, Cape Verde, Congo, Cuba, Cyprus, Czechoslovakia, Demo- cratic Yemen, Denmark, Egypt, Equatorial Guinea, Ethiopia, Fiji, Finland, France, Gabon, German Democratic Republic, Germany, Federal Republic of, Ghana, Greece, Guinea, Guinea-Bissau, Guyana, Hungary, Iceland, India, Iran, Iraq, Ireland, Italy, Ivory Coast, Jamaica, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, lebanon, Lesotho, Libyan Arab Jamahiriya, Luxembourg, Madagascar, Malawi, Maldives, Mali, Malta, Mauritius, Mexico, Mongolia, Mozambique, Netherlands, Niger, Nigeria, Norway, Pakistan, Panama, Papua New Guinea, Poland, Portugal, Qatar, Romania, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Spain, Sri Lanka, Sudan, Swaziland, Sweden, Syrian Arab Republic, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukrainian Soviet Socialiat Republic, Union of Soviet Socialist Republics, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United Republic of Cameroon, United Republic of Tanzania, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia 1 1 ,I 11 I!I',I
A recorded vote was taken.
Draft resolution XI wa 55 abstentions (resolution
Draft resolution XI was adopted by 69 votes to 6, with 55 abstentions (resolution 33/172).
Draft resolution XII was adopted (resolution 33/173).
The President #3127
Draft resolution XIII is entitled "Establishment of the United Nations Trust Fund for Chile". A recorded vote has been requested. 11 rl ,I
A recorded vote was taken.
Draft resolution XIII was adopted by 98 votes to 6, with 35 abstentions (resolution 33/174).
The President #3128
Draft resolution XIV is entitled "Protection of human rights in Chile". A recorded vote has been requested.
A recorded vote was taken.
The President #3129
Draft resolution XIV is entitled "Protection of human rights in Chile". A recorded vote has been requested. ':! nm ,_r E1_. dn-_-..._--~..-_--------- Abstaining: Bahamas, Bolivia, Burma, Central African Empire, Chad, Costa Rica, Djibouti, Ecuador, Egypt, El Salvador, Fiji, Haiti, Honduras, Indonesia, Israel, Ivory Coast, Jordan, Kenya, Malawi, Malaysia, Mauritania, Morocco, Nepal, Nicaragua, Nigeria, Oman, Panama, Papua New Guinea, Peru, Philippines, Samoa, Saudi Arabia, Singapore, Somalia, Suriname, Thailand, Upper Volta, Zaire
A recorded vote was taken.
Draft resolution XIV was adopted by 96 votes to 7 38 abstentions (resolution 33/175).
The President #3130
We now come to draft reso XV, entitled "Importance of the experience ofthe A Working Group on the Situation of Human Righ Chile". In this connexion, the Assembly has before amendment contained in document A/33/L.3S. amendment was changed orally by the representat Italy earlier in the meeting, and for purposes of clarifi I shallquickly read it out:
Draft resolution XIV was adopted by 96 votes to 7, with 38 abstentions (resolution 33/175).
The President #3131
We now come to draft reslJlution XV, entitled "Importance of the experience oftheAd Hoc Working Group on the Situation of Human Rights in Chile". In this connexion, the Assembly has before it an amendment contained in document A/33/L.35. This amendmant was changed orally by the representative of Italy earlier in the meeting, and for purposes of clarification I shall quickly read it out: "Add the following operative paragraph: " '3. Invites the Commission on Human Righ consider, within the framework of the over-all an requested of it under General Assembly reso 32/130 of 16 December 1977, the desirability o creation of ad hoc working groups or similar investi bodies in those cases in which it has recognize existence of consistent patterns of gross violatio human rights, including those referred to in graph 1 (e) of resolution 32/130, and to report o subject to the Assembly at its thirty-fourth session' "Add the following operative paragraph: " '3. Invites the Commission on Human Rights to consider, within the framework of the over-all analysis requested of it under General Assembly resolution 32/130 of 16 December 1977, the desirability of the creation of ad hoc working groups or similar investigative bodies in those cases in which it has recognized the existence of consistent patterns of gross vioL1tions of human rights, including those referred to in para- graph 1 (e) of resolution 32/130, and to report on the subject to the Assembly at its thirty-fourth session' ". In accordance with rule 90 of the rules of procedu shall vote first on the amendment contained in doc A/33jL3S, as orally revised. A recorded vote has requested.
A recorded vote was taken.
A recorded vote was taken.
The President #3132
A separate vote has been re- quested on operative paragraph 1 of draft resolution XV. We shall therefore take a vote on that paragraph. A recorded vote has been requested.
A recorded vote was taken.
The President #3133
A separate vote has been re- quested on operative paragraph 1 of draft resolution XV. We shall therefore take a vote on that paragraph. A recorded vote has been requested. In favour: Australia, Austria, Bangladesh, Belgium, Canada, Colombia, Denmark, Ecuador, Egyf,t, Fiji, Finland, France, Gambia, Germany, Federal Republic of, Ghana, Greece, Guyana, Iceland, India, Iran, Ireland, Italy, Jamaica, Japan, Lesotho, Luxembourg, Madagascar, Malawi, Mali, Malta, Mauritius, Mexico, Netherlands, New Zealand, Norway, Pakistan, Papua New Guinea, Portugal, Rwanda, Samoa, Senegal, Sierra Leone, Spain, Sri Lanka, Suriname, Sweden, Syrian Arab Republic, Trinidad and Tobago, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America, Venezuela, Zambia Against: Argentina, Brazil, Bulgaria, Byelorussian Soviet Socialist Republic, Chile, Czechoslovakia, German Demo- cratic Republic, Honduras, Hungary, Lao People's Demo- cratic Republic, Mongolia, Paraguay, Romania, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Repub- lics, Uruguay, Viet Nam, Yugoslavia Abstaining: Algeria, Angola, Bahamas, Barbados, Benin, Bhutan, Bolivia, Botswana, Burma, Burundi, Cape Verde, Central African Empire, Chad, Congo, Costa Rica, Cuba, Democratic Yemen, Djibouti, Dominican Republic, El 15 The delegation of m Salvador, Equatorial Guinea, Ethiopia, Gabon, Guatemala, Secretariat that it wished to h Guinea, Guinea-Bissau, Haiti, \ndonesia, Iraq, Israel, Ivory favour of the draft resolution. Against: Argentina, Brazil, Bulgaria, Byelorussian Soviet Socialist Republic, Chile, Czechoslovakia, German Demo- cratic Republic, Honduras, Hungary, Lao People's Demo- cratic Republic, Mongolia, Paraguay, Romania, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Repub- lics, Uruguay, Viet Nam, Yugoslavia 1 ~!J!I!!!!!!!l\'IIIM!'lII_: ~_'l~~~e!I!~g'l!!iJ!lM~~~~~~~__!!!l!I_Bi~;. ~~f!1'!!*i'! 4 Abstaining: Algeria, Angola, Bahamas, Barbados, Benin, Bhutan, Bolivia, Botswana, Burma, Burundi, Cape Verde, Central African Empire, Chad, Congo, Costa Rica, Cuba, Democratic Yemen, Djibouti, Dominican Republic, El Salvador, Equatorial Guinea, Ethiopia, Gabon, GuatempJa, Guinea, Guinea-Bissau, Haiti, \ndonesia, Iraq, Israel, Ivory 1l In favour: Australia, Bhutan, Botswcna, Cana Dominican Republic, E Gambia, Germany, Feder Guyana, Iceland, India, Jamaica, Japan, Lebanon hiriya, Luxembourg, Ma Mexico, Netherlands, N Papua New Guinea, Portug Spain, Sri Lanka, Surinam United Kingdom of Gre United States of America,
A recorded v.Jte was taken.
A recorded vote was tak
Operative paragraph 1 of draft resolution XV was adopted by 53 votes to 18, with 65 abstentions.
The President #3134
We shall now vote on draft resolution XV as a whole. A recorded vote has been requested.
A recorded vote was taken.
The President #3135
tatives who wish to explai 254. Mr. DIEZ (Chile) (i delegation of Chile wishe with regard to the resolu has just adopted relating t
Draft resolution XV as a whole was adopted by 54 votes to 17, with 66 abstentions (resolution 33/176).15
The President #3136
I shall now call on those represen~ tatives who wish to explain their vote after the vote.
Mr. Diez CHL Chile [Spanish] #3137
The ddegation of Chile wishes to make the follOWing statement with regcrrd to the resolutions that the General Assembly has just adopted relating to the establishment of the United 15 The delegation of m 'Salvador subsequently informed the Secretariat that it wished to have its vote recorded as having be.en in favour of the draft resolution. 257. The Government of Chile is also pleased at the fact that the conditions which were agreed upon with the Ad Hoc Working Group and which are specified in the memorandum of 26 May of this year [AI33/331, annex VIII, further constitute a legal precedent of general applicability and value in connexion with United Nations action in the field ofhuman rights. 256. In this regard, now that the work of the Ad Hoc Working Group has been concluded, my Government wishes to emphasize that that visit could not take place before because the Ad Hoc Working Group itself was unwilling to accept the minimum essential procedural conditions that any country in Chile's situation would have requested to protect its sovereignty and its dignity. 258. Se:condly, the Government of Chile wishes to analyse and present its views concerning two types of question contained in the aforementioned resolutions, The first are substantive matters in connexion with the situation of human rights in my country; anti the second relate to the procedure which the United Nations has followed and will continue to follow in the case of Chile. 257. The Government of Chile is also pleased at the fact that the conditions which were agreed upon with the Ad Hoc Working Group and which are specified in the memorandum of 26 May of this year I AI33/331, annex VIII, further constitute a legal precedent of general applicability and value in connexion with United Nations action in the field ofhuman rights. 259. Concerning the rubstantfve judgements on the Chilean situation contained in the draft resolution, my Government wishes to state that it is pleased at the fact that for the first time in the treatment of this question in the United Nations the considerable improvement of the situation of human rights in Chile in all its aspects has been recognized. Concerning other opinions about the Chilean situation, my Government wishes publicly and clearly to express its rejection of them, not only because they are unfair, exaggerated and false, but also because some of them relate to matters which fall within the" exclusive internal jurisdiction of States and constitute an open violation of the principle of non-interference in the internal affairs of States. 258. Se:condly, the Government of Chile wishes to analyse and present its views concerning two types of question contained in the aforementioned r~solutions. The first are substantive matters in connexion with the situation of human rights in my country; anti the second relate to the procedure which the United Nations has followed and will continue to follow in the case of Chile. 259. Concerning the "ubstantive judgements on the Chilean situation contained in the draft resolution, my Government wishes to state that it is pleased at the fact that for the frrst time in the treatment of this question in the United Nations the considerable improvement of the situation of human rights in Chile in all its aspects has been recognized. Concerning other opinions about the Chilean situation, my Government wishes publicly and clearly to express its rejection of them, not only because they are unfair, exaggerated and false, but also because some of them relate to matters which fall within the" exclusive internal jurisdiction of States and constitute an open violation of the principle of non-interference in the internal affairs of States. 260. Concerning the procedure followed by the United Nations in dealing with the situation of human rights in Chile, my Government wishes to state the following. In the first place, it must publicly express its satisfaction at the completion of the Ad Hoc Working Group's work. It does so basically because the Ad Hoc Working Group was distinguished by an absolute lack of understanding of the meaning of co-operation among States, as provided for in the United Nations Charter. In this regard it did not even admit the suggestions of the Government of Chile for the establishment of minimum rules of procedure. Such rules were obtained only after many-years of discussion with the Ad Hoc Working Group. In the second place, the Ad Hoc Working Group, on repeated occasions, both in its reports and when presenting those reports, trespassed into areas 260. Concerning the procedure followed by the United Nations in dealing with the situation of human rights in Chile, my Government wishes to state the following. In the first place, it must publicly express its satisfaction at the completion of the Ad Hoc Working Group's work. It does so basically because the Ad Hoc Working Group was distinguished by an absolute !llck of understanding of the meaning of co-operation among States, as provided for in the United Nations Charter. In this regard it did not even admit the suggestions of the Government of Chile for the establishment of minimum rules of procedure. Such rules were obtain~d only after many-years of discussion with the Ad Hoc Working Group. In the second place~ the Ad Hoc Working Group~ on repeated occasions, both in its reports and when presenting those reports~ trespassed into areas 261. Thirdly, concerning the procedure laid do resolution for the future, which means a discriminatory or ad casum practices and application of the general standards of the United my Government wishes to state that it will caref the situation. not only in the light of this reso also bearing in mind other resolutions and vot General Assembly in the field of human r substance, as well as on procedure, it will act in a with the existing rules of the United Nations o applicability and with international agreements my country is a party. 261. Thirdly~ concerning the procedure laid down in the resolution for the future, which means a return to discriminatory or ad casum practices and the non- application of the general standards of the United Nations, my Government wishes to state that it will carefully study the situation. not only in the light of this resolution but also bearing in mind other resolutions and votes of this General Assembly in the field of human rights. On substance, as well as on procedure, it will act in accordance with the existing rules of the United Nations of general applicability and with international agreements to which my country is a party. 262. The attitude of my Goverrnnent will ba guided by the principle of co-operation establish United Nations Charter, with the understanding co-operation is an;arrangement between equals. M has furthermore offered' the United Nations operation by allowing the only visit ofa group of the history of this Organization. lithe future re the co-operation that we have lenthas not been ap and that the relevant United Nations bodies regarded the mandate set forth in the Charterto. co-operation and have not taken the Govem.'11e 262. The attitude of my Goverrnnent will basically be guided by the principle of co-operation established in the United Nations Charter, with the understanding that such co-operation is ae arrangement between equals. My country has furthermore offered" the United Nations such co- operation by allowing the only visit of.a group ofinquiry in the history of this Organization. If the future reveals that the co-operation that we have lentluas not been appreciated and that the rel~vant United Nations bodies have dis~ regarded the mandate set forth in the Charter.to seek.su,ch co-operation and have not taken the Govemnlent of Chile" 263. Fourthly, my Government wishes to state "that the appointment of the Special Rapporteur as well as the establishment ef a United Nations Trust Fund exclusively for Chile are a clear violation of the principle of the legal equality of States. Faced with this discrimination, my country wishes to state that it is extremely happy with the debates which have taken place in the Third Committee and this afternoon here in the General Assembly, for they have shown the inconsistency, the hypocrisy and the double standards ofsome States which, for ideological and political reasons, have become Chile's main accusers and which then are terrified by the very bodies they themselves have set up, thus revealing their real motives and their desire never to be the subject of international attention. There is a popular and very graphic saying: "They have thrown mud at the skies and now it is falling in their faces." 267. In like manner, we believe that, having finished its work with fie production of a voluminous report, the Ad Hoc Working Group has ceased to exist without any express statement. It therefore considers that its ostensible or surreptitious survival through the appointment of a Special Rapporteur-or whatever he may be called-Violates the tennination of the Group's mandate. Such an "inquisitor", moreover, as has been stated, does not have the indispen- sable prior consent of the State in question. 264. Fifthly, I also wish to state, with regret, that even those countries which in their statements have called for the universal implementation of human rights, did not, in analysing the report of the Commission on Human Rights on the thirtieth anniversary of the Universal Declaration of Human Rights,' 6 make any proposal in this General Assembly that would open up the field of the investigation and promotion of human rights in other countries. In this connexion, they have merely engaged in verbal exercises; their initiatives and votes have focused once again on my country alone. Those Governments have, through their votes, contributed to the adoption of the draft resolutions on Chile and have not made any proposal concerning the human rights situation in the countries which they them- selves have denounced in meetings of the General Assembly and of the Committees. They are thus casting doubt on their humanitarian motives and are showing that they as well-to a lesser extent, perhaps-are politicizing human rights. 268. Furthermore, my delegation cast a negative vote because, over and above the specific case which has given rise to this discussion, we feel that a disproportionate amount of attention is paid to Chnean matters, while the gross violations of human rights which almost daily shock our consciences in this world ridden by hunger and disease and tormented by war, aggression, discrimination, terrorism and the violenc~of Governments and hate groups have been met with blindness and silence. 264. Fifthly, I also wish to state, with regret, that even those countries which in their statements have called for the universal implementation of human rights, did not, in analysing the report of the Commission on Human Rights on the thirtieth anniversary of the Universal Declaration of Human Rights! 6 make any proposal in this General Assembly that would open up the field of the Ll1vestigation and promotion of human rights in other countries. In this connexion, they have merely engaged in verbal exercises; th.eir initiatives ar.d votes have focused once again on my country alone. Those Governments have, through their votes, cOH~:ibuted to the adoption of the draft resolutions on Chne and have not made any proposal concerning the human rights situation in the countries which they them- selves have denounced in meetings of the General Assembly and of the Committees. They are thus casting doubt on their humanitarian motives and are showing that they as well-to a lesser extent, perhaps-are politicizing human rights. 265. Sixthly, to those who have in one way or another shared our views, in addition to expressing our gratitude we wishto say that the experience of these years has made us believe that a much more precise meaning and content must be given to Article 56 of the Charter which sets forth the co-operation of States as a basic principle in the field of human rights, so that in its action this Organization will show respect for the dignity and the sovereignty of States and will truly aim to promote respect for human rights, not to adopt resolutions inspired by political or ideological motlvations, 265. Sixthly, to those who have in one way or another shared our views, in addition to expressing our gratitude we wish to say that the experience of these years has made us believe that a much more precise meaning and content must be given to Article 56 of the Charter which sets forth the co-operation of States as a basic principle in the field of human rights, so that in its action this Organization will show respect for the dignity and the sovereignty of States and will truly aim to promote respect for human rights, not to adopt resolutions inspired by political or ideological motivations. . 266. Mr~ NARANCIO (Uruguay) (interpretation from Spanish): My delegation voted against the draft resolutions based on document A/33/331 of the so-called Ad Hoc Working Group on the Situation of Human Rights in Chile, since we disagree with many of its conclusions and because of the procedures used or that it has reasonably been
Mr. Narancio URY Uruguay [Spanish] #3138
My delegation voted against the draft resolutions based on document A/33/331 of the so·called Ad Hoc Working Group on the Situation of Human Rights in Chile, since we disagree with many of its conclusions and because of the procedures used or that it has reasonably been tl ...._.. ._~_. _ 268. Furthermore, my d because, over and above t rise to this discussion, w amount of attention is pa gross violations of human our consciences in this wo and tormented by war, agg and the violence of Govern met with blindness and sile 269. Far be it from us to Group since that would moderation we have set delicate questions. But we so-called world forum sho its reproach of some and pr 270. The history we hav this sort of "justice" is sho it becomes a lethal instrum 269. Far be it from us to try and characterize the Ad Hoc Group since that would be overstepping the bounds of moderation we have set ourselves in dealing with such delicate questions. But we are seriously concerned that this so-called world forum should apply different standards in its reproach of some and praise of others. 271. Our vote on this item against the consequences o and dangerous victory. 272. Scarcely more than upon being consuited o Human Rights, which was b about the possibility of ha philosophical concepts in discreet observations of practical formulas were w application over the cours the dominant political tren preview of the future-ther and of that general harmo basic difficulty to be ove formulated his ideas cast mediate future, notwithsta 270. The history we have forgotten would show us that this sort of "justice" is short-lived and that sooner or later it becomes a lethal instrument turned against its advocates. 271. Our vote on this item reflects our endeavour to guard against the consequences of what we consider to be a false and dangerous victory. 272. Scarcely more than 30 years ago, Benedetto Croce, upon being consuited on the Universal Declaration of Human Rights, which was being prepared, voiced scepticism about the possibility of harmonizing the radically opposed philosophical concepts in this field. Finally, despite the discreet observations of that illustrious Italian thinker, practical formulas were worked out. However, in their application over the course of three decades of follOWing the dominant political trends and fashions-an illUminating preview of the future-there has been a loss of impartiality and of that general harmony that for Croce represented the basic difficulty to be overcome. Experience since he first fonnulated his ideas casts sombre clouds over our im- mediate future, notwithstanding the progress made. 273. Yet we should not setbacks. My Government tradition in this field, has the one hundred and. f Uruguayan Constitution w versary of the Universal De 273. Yet we should not be disheartened by our present setbacks. My Government, in keeping with its prestigious tradition in this field, has linked its recent celebration of the one hundred and. fiftieth anniversary of the fust Uruguayan Constitution with -that of the thirtieth anni- versary of the Universal Declaration of Human Rights.
Mr. Keilau DDR German Democratic Republic #3139
The delegation of the German Democratic Republic would like to explain its vote on draft resolution XIV, "Protection of human rights in Chile", as contained in the report of the Third Committee [A/33/509J. 277. At the Third Committee's meeting on 12 December 1978 when voting on that draft resolution, my delegation voiced reservations on some preambular paragraphs! 7-in particular, the fourteenth preambular paragraph-pointing out that the delegation of the German Democratic Republic could not go along with the conclusion reflected in that paragraph.
Mr. Keilau DDR German Democratic Republic #3140
The delegation of the German Democratic Republic would like to explain its vote on draft resolution XIV, "Protection of human rights in Chile", as contained in the report of the Third Committee [A/33/509]. 278. Recent reports that a large number of corpses have been discovered in an abandoned limestone mine near the town of Lonquen, 25 kilometres south of Santiago, reports which indicate that those corpses bear traces of the use of I • violence, of torture and violent death, add substance to our belief that there has been no improvement in the situation of human rights in Chile. Moreover, the question has to be asked emphatically, What has happened to other missing persons? 277. At the Third Committee's meeting on 12 December 1978 when voting on that draft resolution, my delegation voiced reservations on some preambular paragraphs1 7-in particular, the fourteenth preambular paragraph-pointing out that the delegation of the German Democratic Republic could not go along with the conclusion reflected in that paragraph. 278. Recent reports that a large number of corpses have been discovered in an abandoned limestone mine near the town of Lonquen, 25 kilometres south of Santiago, reports which indicate that those corpses bear traces of the use of , . violence, of torture and violent death, add substance to our belief that there has been no improvement in the situation of human rights in Chile. Moreover, the question has to be asked emphatically, What has happened to other missing persons? 279. Thus we consider it the objective of draft resolution XIV, which has just been adopted, to obtain satisfaction, without delay, for this and other demands of the inter- national community calling for a full restoration of human rights and fundamental freedoms in Chile. Therefore, the delegation of the German Democratic Republic voted in favour of that resolution.
Mr. Sobhy EGY Egypt [Arabic] #3141
My delegation wishes to explain its vote on draft resolution XI in the report of the Third Committee, on the question of missing persons in Cyprus. In the Third Committee my delegation abstained in the vote on the amendments to the Turkish draft because of reservations with regard to the Composition and methods of work of the proposed investi- gatory body. However, my delegation voted in favour of the draft as amended in the Third Committee. 279. Thus we consider it the objective of draft resolution XIV, which has just been adopted, to obtain satisfaction, without delay, for this and other demands of the inter- national community calling for a full restoration of human rights and fundamental freedoms in Chile. Therefore, the delegation of the German Democratic Republic voted in favour of that resolution.
Mr. Sobhy EGY Egypt [Arabic] #3142
My delegation wishes to explain its vote on draft resolution XI in the report of the Third Committee, on the question of missing persons in Cyprus. In the Third Committee my delegation abstained in the vote on the amendments to the Turkish draft because of reservations with regard to the Composition and methods of work of the proposf;j investi- gatory body. However, my delegation voted in favour of the draft as amended in the Third Committee. 281. Nevertheless, in the light of the reply given by the legal Counsel to the questions raised by the representative of Turkey regarding the proposed investigatory body [see above, para.170J my delegation has considered it wiser to abstain in the vote on the draft resolution in the plenary Assembly. 17 See OffiCial Records of the General A~'5:embly. Thirty-third &ssion, Third Committee, 74th meeting, paras, 112 and 115, and ibid.• Third Committee. S"!lIsional Fascicle. cotrlgendum. 281. Nevertheless, in the light of the reply given by the legal Counsel to the questions raised by the representative of Turkey regarding the proposed investigatory body [see above, para.170j my delegation has considered it wiser to abstain in the vote on the draft resolution in the plenary Assembly. 17 See Officitll Record!i of the General A£::embly, Thirty-third &mion, Third Committlte, 74th meeting, p3J.as. 112 and 115, and ibid., Third Committee, S"!II!iional Fa!iCic1e, coxrigendum. 283. Further, the ILO Convention referred to in operative paragraph 6 has never been supported by the United States Government.
Mr. Cuevas Cancino MEX Mexico #3143
The delegation of Mexico co-ope actively in the Third Committee in the discussions w led to the formulation of draft resolution XI, whic been submitted for the consideration of the G Assembly in document A/33/509. 284. Miss DE LA MAZA (Dominican Republic) (interpre- tation from Spanish): The delegation of the Dominican Republic voted in favour of draft resolution XIV in document A/33j509, but we wish to state that our delegation does not agree with operative paragraph 7 (a), which invites the appointment of a Special Rapporteur on the situation of human rights in Chile. Also we are not in agreement with operative paragraph 8. 286. Mexico, throughout its history as an indepe nation, has considered the law its best support, as be any State which has emerged from a colonial system which wishes to develop its natural resources. C quently, we attach special importance to the opinio the legal bodies of the United Nations, including tho the LegalCounsel to the Secretary-General.
Mr. Cuevas Cancino MEX Mexico [Spanish] #3144
The delegation of Mexico co-operated actively in the Third Committee in the discussions which led to the formulation of draft resolution XI, which has been submitted for the consideration of the General Assembly in document A/33/509. 287. The representative of Turkey has brought to plenary meeting an opinion of the LegalCounsel acco to which the last part of operative paragraph 1 of that resolution is not in conformity with jurisprudence. opinion was not available to the Third Committee. 286. Mexico, throughout its history as an independent nation, has considered the law its best support, as behoves any State which has emerged from a colonial system and which wishes to develop its natural resources. Conse- quently, we attach special importance to the opinions of the legal bodies of the United Nations, including those of the Legal Counsel to the Secretary-General. 288. Since we were not able to express our specifically on that part, my delegation felt compell abstain in the vote on the draft as a whole. 287. The representative of Turkey has broug.~t to this plenary meeting an opinion of the Legal Counsel according to which the last part of operative paragraph 1 of that draft resolution is not in conformity with jurisprudence. That opinion was not available to the Third Committee.
Mr. Urquia SLV El Salvador #3145
I shall be as brief as the circumstances requ shall explain my vote only with respect to the amend submitted by Italy [A/33/L.35J to draft resolution XV 290. We were inclined to vote in favour ofthat para because we believed that its contents would clarif meaning of the resolution we have adopted and m applicable to all members of the United Nations, sin judge from the title of draft resolution XV. "Importan the experience of the Ad Hoc Working Group o Situation of Human Rights in Chile" it would seem this resolution was exclusively devoted to one countr not to all. In as much as the amendment of Italy rejected-and I repeat that we voted in favour ofit-w that we should abstain in the vote on draft resolutio 288. Since we were not able to express our views specifically on that part, my delegation felt compelled to abstain in the vote on the draft as a whole.
Mr. Urquia SLV El Salvador [Spanish] #3146
I shall be as brief as the circumstances require. I shall explain my vote only with respect to the amendment submitted by Italy [A/33/L.35j to draft resolution XV. 290. We were inclined to vote in favour ofthat paragraph because we believed that its contents would clarify the meaning of the resolution we have adopted and make it applicable to all members of the United Nations, since to judge from the title of draft resolution XV. "Importance of the experience of the Ad Hoc Working Group on the Situation of Human Rights in Chile" it would seem that this r15s01ution was exclusively devoted to one country and not to all. In as much as the amendment of Italy was rejected-and I repeat that we voted in favour ofit-we felt that we should abstain in the vote on draft resolution XV. 291. With respect to the draft resolutions referring t situation of human rights in Chile-and not to lengthe meeting by unnecessary explanatlons-I shall simpl 291. With respect to the draft resolutions referring to the situation of human rights in Chile-and not to lengthen our meeting by unnecessary explanations-I shall simply say 293. Withall due respect to the representative of Cyprus,I must say that I could not agreewith his explanation on this subject. However, I did agreewith the explanation givenby the representative ;.,fTurkey. I did so purely for reasonsof principle. My delegation at this time can express a legal opinion with respect to paragraphs 1 and 2 of the resolution. We believe that the opinion given by Mr.Suy, the Legal Counsel to the Secretary-General, is not only a model of a concise statement but has a profound legal content. For us that opinion has legalvalidity. 292. I should like to speak briefly about draft resolution XI, which refers to missing persons in Cyprus. 293. With all due respect to the representative of Cyprus, I must say that I could not agree with his explanation on this subject. However, I did agree with the explanation given by the representative .;.,f Turkey. I did so purely for reasons of principle. My delegation at this time can express a legal opinion with respect to paragraphs· 1 and 2 of the resolution. We believe that the opinion given by Mr. Suy, the Legal Counsel to the Secretary-General, is not only a model of a concise statement but has a profound legal content. For us that opinion has legal validity. 294. Operative paragraph 1 of that draft resolution reads: "Urges the establishment of an investigatory body under the chairmanship of a representative of the Secretary-General, with the co-operation of the Inter- national Committee of the Red Cross, which would be in a position to function impartially, effectively and speed- jly so as to resolve the problem without undue delay; the representative of the Secretary-General shall be em- powered, in case of disagreement, to reach a binding independent opinion which shall be implemented". 294. Operative paragraph 1 of that draft resolution reads: "Urges the establishment of an investigatory body under the chairmanship of a representative of the Secretary-General, with the co-operation of the Inter- national Committee of the Red Cross, which would be in a position to function impartially, effectively and speed- jIy so as to resolve the problem without undue delay; the representative of the Secretary-General shall be em- powered, in case of disagreement, to reach a bindin!; independent opinion which shall be implemented". Operativeparagraph 2 adds the following: "Calls upon the parties to co-operate fully with the investigatory body and, to this effect, to appoint their representatives thereto fo•.hwith". 295. We were told that this person who would be appointed by the Secretary-General would not act as an arbiter or as a judge because there would be no parties. However, that is totally in contradiction with what I have just read out, since the parties-and we know who the parties are-are urged "to co-operate fully with the inves- tigatory body and, to this effect, to appoint their represen- tatives thereto forthwith". Thus, these are parties. Further- more, the investigatory body is asked to resolve the problems which may arise. If it is to resolve problems. it will act as a judge. Aboveall there is paragraph 1 which says that "in case of disagreement"-that is disagreement between the parties or between the members of the investigatory body-"the representative of the Secretary- General shallbe empowered to reach a binding independent opinion which shall be implemented". Now those are the functions ofa judge or ofan arbiter. Operative paragraph 2 adds the following: "Calls upon the parties to co-operate fully with the investigatory body and, to this effect, to appoint their representatives thereto fo•.hwith". 295. We were told that this person who would be appointed by the Secretary-General would not act as an arbiter or as a judge because there would be no parties. However, that is totally in contradiction with what I have just read out, since the parties-and we know who the parties are-are urged "to co-operate fully with the inves- tigatory body and, to this effect, to appoint their represen- tatives thereto forthwith". Thus, these are parties. Further- more, the investigatory body is asked to resolve the problems which may arise. If it is to resolve problems. it will act as a judge. Above all there is paragraph 1 which says that "in case of disagreement"-that is disagreement between the parties or between the members of the investigatory body-"the representative of the Secretary- General shall be empowered to reach a binding independent opinion which shall be implemented". Now those are the functions ofa judge or of an arbiter. 296. From a legal standpoint, there is something here which surprisesme. I did not know that opinions could be binding and that they had to be implemented. I have not It- ------~-~-_~-.- 296. From a legal standpoint, there is something here which surprises me. I did not know that opinions could be binding and that they had to be implemented. I have not 11' 298. Mr. GOMEZ ANZ Spanish): The delegat resolution XIV in docu human rights in Chile, traditional policy conc country. 297. This terminology is euphemistic and totally unac- ceptable. For that reason, while we deeply regret, as we have said many times, that there are missing persons in Cyprus and in other parts of the world, for the reasons which I have stated we found it necessary to abstain in the vote on the draft resolution. 299. Cuba has alway adopted by the Genera been important and r junta in Chile and hav munity's repudiation of of human rights that instance, resolutions 3 and 32/118, adopted i 1977 respectively.
Mr. Gomez Anzardo CUB Cuba [Spanish] #3147
The delegation of Cuba voted in favour of resolution XIV in document A/33/509, on the violation of human rights in Chile, in keeping with my Government's traditional policy concerning the situation in that brother country. 299. Cuba has always sponsored the various resolutions adopted by the General Assembly in past years that have been important and relevant in condemning the Fascist junta in Chile and have expressed the inte:national com- munity's repudiation of the massive and flagrant violations of human rights that have occurred in that nation-for instance, resolutions 3219 (XXIX), 3448 (XXX), 31/124 and 32/118, adopted in the years 1974, 1975, 1976 and 1977 respectively. 300. This year, howev of the draft resolutio because in the draftin differences of opinion questions, namely, the ment" of the situation and the future method investigationof the situ 300. This year, however, Cuba is not among the sponsors of the draft resolution the Assembly has just adopted, because in the drafting group, in which we participated, differences of opinion emerged concerning two basic questions, namely, the approach to the so-called "improve- ment" of the situation concerning human rights in Chile and the future method to be adopted for continuing the investigation of the situation concerning such rights. 301. The report subm on some aspects of so-called "improvemen cisely reiterates what w year after year at the U force a system of arbit tion; assassination, tortu lished on that fatal d suspension of the 'State is an illusion because t March of this year is m guise and there is no ot force save Pinochet's n DINA [Direccian de In because the Fascists the of their innumerable c responsibility of the so-called National Inf branch of Governmen autonomy and is mani rights to protection and except when they are hangmen in Pinochet's p 301. The report submitted ·by the Working Grou.p-while on some aspects of the present situation reflecting a so-called "improvement"-substantially, clearly and pre- cisely reiterates what we all know and what has been said year after year at the United Nations: that there remains ill force a system of arbitrary action, persecution, incarcda- tion, assassination, torture and deportation that was estab- lished on that fatal day 11 September 1973; that the suspension of the 'State of emergency decreed on that date is an illusion because the state of emergency iI1stituted in March of this year is merely the same thing in a different guise and there is no other justification for its remaining in force save Pinochet's need to act with impunity; that the DINA {DiTecdon de intelegencia Nacional] was dissolved because the Fascists themselves could not bear the burden of their innumerable crimes, but their crimes are now the responsibility of the Ministry of the Interior and the so-called National Information Council; that the legal branch of Government is a farcical institution that lacks autonomy and is manipulated by the junta; and that the rights to protection and to habeas corpus are mere fictions except when they are used to protect the assassins and hangmen in Pinochet's pay; and so on. 303. By a thoroughly immoral use of arithmetic one might allege that the assassinations can no longer be cllltracterized as mass murders, that there are fewer torturers, that there are only a few concentration camps and places of deten- tion-that is, that we know of because there are also secret ones-and that there are fewer instances of deportation of political enemies of the junta, and so on. This in its~lf would show that the junta has been able to suppress, detain or deport such a large number of its opponents that it is now difficult for it to maintain the same level of terror as when thousands of Chileans were murdered in a 24-hour period through the use of the most vile and degrading systems of torture-for example, the severing of hands with hatchets, as was the case with Victor Jar:}, a singer, who was later shot to death. 304. It iJ furthermore incontrovertible that that Govern- ment has converted crime into State policy, that it has followed a course of injustice with total impunity, and this in open and clear violation of the United Nations Charter, the Universal Declaration of Human Rights and the most elementary rules of coexistence. , I; f: I 305. While once again, in yet another year, in this United Nations world forum, we are considering the interminable violations of human rights by the Fascist junta, more evidence is coming to, light of horrendous cnmes and tortures, missingpersons-and oppression. 304. It i: furthermore incontrovertible that that (;overn- ment has converted crime into State policy, that it has followed a course of injustice with total impunity, and this in open and clear violation of the United Nations Charter, the Universal Declaration of Human Rights and the most elementary rules of coexistence. 306. Even today, according to the international press, there continue to be discovered in various parts of the fatherland of O'Higgins and Salvador Allende ovens like those of Hitler's Nazis and the Fascists containing corpses, broken skulls and vilely mutilated bodies, while the families of thousands of missingrersons are kept in constant sorrow and uncertainty. And new persons are reported missing everyday, such as Marcela Otero, a Chileanjoumalist. 305. While once again, in yet another year, in this United Nations world forum, we are considering the interminable violations of human rights by the Fascist junta, more evidence is coming to, light of horrendous cnmes and tortures, missing persons;~nd oppression. 307. For all those reasons the delegation of Cuba disagrees with the fourteenth preambular paragraph and wishes to make its position known. 306. Even today, according to the international press, there continue to be discovered in various parts of the fatherland of O'Higgins and Salvador Allende ovens like those of Hitler's Nazis and the Fascists containing corpses, broken skulls and vilely mutilated bodies, while the families of thousands of missing rersons are kept in constant sorrow and uncertainty. And new persons are reported miss~,g every day, such as Marcela Otero, a Chileanjoumalist. 308. On the other hand, the Cuban delegation is in favour of extending the Ad Hoc Working Group's mandate for one more year, since we believe that the causes that led to its establishment and its initial mandate, as contained in resolution 8 (XXXI) of the Commission on Human 307. For all those reasons the delegation of Cuba disagrees with the fourteenth preambular paragraph and wishes to make its position known. 308. On the other hand, the Cuban delegation is in favour of extentling the Ad Hoc Working Group's mandate for one more year, since we believe that the causes that led to its establishment and its initial mandate, as contained in resolution 8 (XXXI) of the Commission on Human
The President #3148
The General Assembly will consider the report of the Third Committee on agenda 75 [A/33/468]. We shall now take a decision on the resolution entitled "Draft convention 011 the eliminatio discrimination against women" which has been re mended by the Third Committee in paragraph 9 o report. The report of the Fifth Committee on the adm trative and financial implications of that draft resoluti contained in document A/33/535. The Third Comm adopted that draft resolution without a vote. M consider that the General Assembly wishes to do likew 309. The proposal to appoint a Special Rapporteur to continue the investigation of the violations of human rights in Chile is one we accept only on the understanding that this is a very specific and justified situation in that country. But we should like to make it perfectly clear that, as we noted in the Third Committee, this should not establish a precedent for other cases in which it is not justified.
The President #3149
The General Assembly will now consider the report of the Third Committee on agenda item 75 [A/33/468]. We shall now take a decision on the draft resolution entitled "Draft convention on the elimination of discrimination against women" which has been recom- mended by the Third Committee in paragraph 9 of its report. The report of the Fifth Committee on the adminis- trative and fmancial implications of that draft resolution is contained in do\:ument A/33/535. The Third Committee adopted that draft resolution without a vote. May I consider that the General Assembly wishes to do likewise? 311. The PRESIDEr-IT: The General Assembly will consider the report ofthe Third Committee on agenda 83 [A/33/471]. We shall now take a decision on the draft resolutions recommended by the Third Committ paragraph 15 of its report. 312. Draft resolution I is entitled "Torture and o cruel, inhuman or degrading treatment or punishm The Third Committee adopted that draft resol without a vote. May I take it that the General Asse wishesto do likewise? 311. The PRESIDEr-IT: The General Assembly will now consider the report ofthe Third Committee on agenda item 83 [A/33/471]. We shall now take a decision on the two draft resolutions recommended by the Third Committee in paragraph 15 ofits report.
The draft resolution was adopted (resolution 33/177)
The draft resolution was adopted (resolution 33/177).
Draft resolution I was adopted (resolution 33/178).
The President #3150
Draft resolution 11 is ent "Draft Code of Conduct for Law Enforcement Offic The report of the Fifth Committee on the administr and financial implications of the draft resolution is tained in document A/33/523. The Third Comm adopted that draft resolution without a vote. May I ta that the General Assembly wishesto do likewise? 312. Draft resolution I is entitled "Torture and other cruel, inhuman or degrading treatment or punishment". The Third Committee adopted that draft resolution without a vote. May I take it that the General Assembly wishes to do likewise? Draft resolution II wasadopted (resolution 33/179).
Draft resolution I was adopted (resolution 33/178).
The President #3151
Draft resolution 11 is entitled "Draft ·Code of Conduct for Law Enforcement Officials". The report of the Fifth Committee on the administrative and fmancial implications of the draft resolution is con- tained in document A/33/523. The Third Commitie~ adopted that draft resolution without a vote. May I take it that the General Assembly wishes to do likewise? The meeting rose at 8.55 p.m. 18 See OfflCiIlI Records of the Economic and Socilzl CO Fifty-i!ighth Session, Supplement No. 4, chap. XXIII, sect. A. The meeting rose at 8.55 p.m. 18 See OfflCiIlI Records of the Economic and Socilzl Council, Fift)H!ighth Session, Supplement No. 4, chap. XXIII, sect. A.
Draft resolution 11was adopted (resolution 33/179].