A/34/PV.76 General Assembly

The General Assembly will now consider the report of the Third Committee on agenda item 82 [A/34/695]. II. I shall now call on those delegations wishing to explain their vote before the vote. 13. We have always considered it our duty in previous years not only to vote in favour of such resolutions but to be militant in support of them. Therefore it was with profound regret that we witnessed the introduction into the draft resolution of a bilateral problem which has nothing to do with the work or the mandate of the Third Committee. We have spared no effort to persuade the sponsors of the draft resolution to make changes that would make it possible for us at least to abstain in the voting. 14. However, as wedid not obtain satisfaction weconsider that the present operative paragraph 5 of the draft resolution contains elements which we cannot accept. Therefore, if that paragraph, on which we request a separate vote, is retained in the draft resolution, we shall be forced, as we were in the Third Committee, to vote against the entire draft resolution. 15. Mr. atos (Panama) (interpretation from Spanish): My delegation has reservations about operative paragraph 14 of the draft resolution which is about to be voted upon. Therefore we shall abstain in the voting.

We shall take a decision on the draft resolution entitled "Importance of the universal realization of the right of peoples to self-determination and of.the speedy granting of independence to colonial countries and peoples for the effective guarantee and ob~ervance or human rights", recommended by the Third Committee In paragraph 12 of its report. The delegation of Morocco has asked for a separate vote on operative paragraph 5 of the draft resolution. A recorded vote has been requested.

The Assembly will now proceed to vote on the draft resolution as a whole. A recorded vote has been requested. 2 The delegationof Barbadossubsequently informed the Secretariat that it wished to haveits voterecordedas havingbeenin favour of the paragraph. 3 The delegation of Liberia subsequently informed the Secretariat that it wished to haveits vote recordedas havingbeenin favour of the paragraph.

My delegation voted in favour of the resolution as a whole, but we wish to express reservations concerning the sixth preambular paragraph and operative paragraphs 3, 10and 14.

The General Assembly will now consider the report of the Third Committee on agenda item 84 [A/34/687]. The Assembly will now take a decision on the draft resolution recommended by the Third Committee in paragraph 10. of that report. The Committee adopted that draft resolution without a vote. May I take it that the General Assembly wishes to do likewise?

I shall now call on the representative of Turkey who wishes to explain his vote.

My delegation did not participate in the debate in the Third Committee on agenda item 84, which dealt mainly with the report of the Human Rights Committee to the General Assembly [A/34/40). That should not be interpreted in any way as indicating lack of interest on our part in the work of the Human Rights Committee. On the contrary, my delegation attaches great importance to the work of that Committee and appreciates its constructive efforts in the field of human rights, which are once again reflected in its report. However, my delegation would like to place on record that it has reservations concerning paragraphs 372 to 389 inclusive of that report.

The General Assembly will now consider the report of the Third Committee on agenda item 87 [A/34/704). The Assembly will now take a decision on the four draft resolutions recommended by the Third Committee in paragraph 31 of that report and the draft decision in paragraph 32. 24. We come first to draft resolution I, entitled "Alternative approaches and ways and means within the United Nations system for improving the effective enjoyment of human rights and fundamental freedoms". The report of the Fifth Committee on the administrative and financial implications of that draft resolution is contained in document A/341708. A recorded vote has been requested.

We turn now to draft resolution II, entitled "Services of the Secretariat concerned with human eights". A recorded vote has been requested.

Draft resolution III is entitled "Alternative approaches and ways and means within the United Nations system for the improvement of the effective enjoyment of human rights and fundamental freedoms". A recorded vote has been requested.

Next, we turn to draft resolution Iy, entitled "National institutions for the promo- 7 The delegation of Liberia subsequently informed the Secretariat that it wished to have its vote recordedas havingbeen in favour of the draft resolution. 8 Idem.

Lastly, we turn to the draft decision contained in paragraph 32 of the report, relating to the Servicesof the Secretariat concerned with human rights. The Third Committee adopted this without a vote. May I consider that the General Assembly wishes to do likewise?

I shall now call on those delegations wishing to speak in explanation of vote after the vote.

My explanation of vote refers to draft resolution I, which has just been adopted. 31. During the debate in the Third Committee, on the draft contained originally in document A/C.3/34/L.IS, my delegation made a number of proposals which we deemed to be constructive. We assumed that our proposed changes would make the text acceptable to all delegations. We have to note with regret, however, that the spirit of compromise did not prevail at the final stage of the debate. In those circumstances my delegation felt compelled to abstain when a vote was taken in the Third Committee. 32. My delegation would have liked to see draft resolution I, as contained in paragraph 31 of document A/34/704, adopted by consensus, because we are of the opinion that concepts contained in that resolution contain valuable elements for the future development of human rights. My delegation cast a positive vote because we. believed in the thrust of the resolution. 33. There remained, however, a number of reservations on certain parts of that resolution which, in our view, should have been further elaborated before being incorporated into the text. Those reservations were clearly expressed during the debate in the Third Committeeand are contained in the Austrian proposal submitted there. 34. Let me conclude this explanation of vote by stating that our voting in favour of this resolution does not affect our position on resoiution 32/130. 3S. Mrs. LORANGER (Canada) (interpretation from French): On behalf of my delegation, I wish to explain the position of the Canadian Government on the draft resolutions submitted under agenda item 87. 36. The discussion held in the Third Committee on this point undoubtedly provided a fruitful exchange of views, but my delegation is none the less disappointed 9Sce Official Recordaof the GeneraJ Assemblv, Thirty-fourth Scllion, Third Committee, 33rd meeting, para. 9 and 36th meeting. pasa,64; and ibid., Third Committee, Sessional Fascicle, corrigendum. 37. Furthermore, it appeared necessary to promote the role of good offices which the Charter of our Organization expressly entrusts to the Secretary-General. The Government of Canada is very sensitive to this latter point, and it is in that spirit that my delegation saw fit to submit a draft resolution aiming at the appointment of a special representative of the Secretary-General whose mandate in serious situations would have been to encourage conciliation in order to ensure respect for the principles which have been adopted by our Organization in the field of human rights. 38. The purposes which I have just described were understood by the members of the Committee. Nevertheless, it was not possible this year to reach agreement on the proper way to achieve those ends. Draft resolution I, which was before the Committee in document A/C.3/34/L.lS, is extremely useful, on the one hand, in going into the causes and, on the other, in describing the conditions surrounding the study of human rights violations. Unfortunately, the careful observer will readily note that the evaluation of the preoccupations of our international community is not presented in 'l sufficiently balanced or really complete way. 39. Draft resolution II reflects the desire for modest progress to be achieved in order to enhance the role of the United Nations in the human rights sector. But we have fallen far short of the hopes of a number of delegations regarding the progress they considered desirable at the present session. 40. In connexion with the draft resolutions submitted by Canada [A/C.3/34/L./8], my delegation finally decided not to submit it to the vote this year since a number of delegations expressed the desire that the various ways and means of better ensuring the effective enjoyment of human rights should be considered in greater depth and as a whole. 41. My delegation would again stress its regret that it was impossible to accomplish more at the present session. But since it is important at this stage to increase the effectiveness of the ways and means by which our Organization may discharge its Charter obligations, the Canadian Government intends to pursue the discussions in this connexion during the thirty-sixth session of the Commission on Human Rights.

New Zealand has today voted in favour of draft resolution I under agenda item 87 as a demonstration of our long-standing support for the broad principles embodied in the resolution. However, the New Zealand Government maintains its specific reservations expressed by my delegation before voting in the Third Committee, at which time New Zealand abstained on the draft contained in document A/C.3/34/L.IS/Rev.2. REPORT OF THE FIFTH COMMITTEE (A/34/526) AGENIlA ITE\1S 102 AND 12 Pattern of conferences: report of the Committee on Conferences (concluded)** Report of the Economic and Social Council (continued) REPORT OF THE FIFTH COMMITTEE (A/34/625)

The Assembly will now take up the report of the Fifth Committee on agenda item 17 (j), relating to appointments to fill vacancies in the United Nations Staff Pension Committee [A/34/526]. In the Committee the draft decision recommended by it was adopted by acclamation. May I consider that the General Assembly wishes to do likewise?

We shall now resume our consideration of agenda items 102 and 12 concerning the pattern of conferences. The report of the Fifth Committee is to be found in document A/34/625. 45. Members will recall that the General Assembly, at its fifty-first plenary meeting, on 1 November, postponed for further consultations consideration of the draft resolution recommended by the Committee in paragraph 12. Following consultations between the Chairman of the Fifth Committee and those of other Main Committees it is my understanding that, insofar as the summary records of subsidiary organs of the General Assembly are concerned, operative paragraph 2 of the draft resolution should apply during an experimental period of one year at the end of which the Secretary-General will report to the General Assembly, at its thirty-fifth session, in conformity with section I, paragraph 2, of resolution 33/56 of 14 December 1978. 46. During that experimental period, the International Law Commission and the Committee of the Whole established under General Assembly resolution 32/174 would continue to have summary records. If there is no objection, it is so decided (decision 34/418). 47. With that understanding, may I take it that the General Assembly adopts the draft resolution contained in paragraph 12 of document A/34/625? State of signatures and ratifications of the Protocols Additional to the Geneva Conventions of 1949 con- cerning the respect for human rights in armed con- ~~jcts: report of the Secretary-General • Resumed from the 46th meeting. •• Resumed from the 51st meetlna, 49. As representatives may recall, this item was in- cluded in the agenda pursuant to paragraph 4 of General Assembly 32/44 of 8 December 1977, which, inter alia: "Urges States to consider without delay the matter of signing and ratifying or acceding to the two Pro- tocols Additional to the Geneva Conventions of 1949 " These Protocols were adopted by the Diplomatic Con- ference on the Reaffirmation and Development of Inter- national Humanitarian Law Applicable in Armed Con- flicts, the last session of which was held at Geneva from March to June 1977. 50. The aforementioned resolution also expressed the concern of the General Assembly on that question, by appealing to States which have not done so to become parties to the Geneva Conventions of 1949 and by call- ing upon all parties to armed conflicts " ... to acknowledge and to comply with their obligations under the existing instruments of interna- tional humanitarian law and to observe the interna- tional humanitarian rules which are applicable, in particular the Hague Conventions of 1899 and 1907, the Geneva Protocol of 1925 and the Geneva Con- ventions of 1949". 51. In considering the item this year, the Sixth Com- mittee had before it the report submitted by the Secretary-General pursuant to paragraph 8 of that resolution, a report prepared on the basis of the infor- mation submitted by the Swiss Government, depositary of the Protocols adopted at Geneva on 8 June 1977. 52. I wish to draw the attention of delegates to paragraph 7 of the Committee's report, which contains the draft resolution recommended by the Committee to the General Assembly, and adopted in the Committee by consensus. A representative of one State made a statement in connexion with the draft resolution. 53. Under the terms of the proposed draft resolution, the General Assembly would, inter alia, note the fact that so far only a limited number of States have ratified or acceded to the Protocols Additional to the Geneva Conventions of 1949. The General Assembly would then express its conviction regarding the continuing value of established humanitarian rules relating to armed conflict, the need to secure the full observance of human rights in armed conflicts pending the earliest possible termination of such conflicts, as well as the need for continued improvement and further expansion of the body of humanitarian rules relating to armed conflict of which the Protocols Additional to the Geneva Conventions of 1949 form part. 54. In the light of the foregoing, the General Assembly, in the operative paragraphs of the draft resolution, would reiterate its call contained in resolu- tion 32/44 that all States should consider without delay the matter of ratifying or acceding to the two Protocols 55. I should like to express my sincere hope that the General Assembly will adopt the proposed draft resolu- tion by consensus. Pursuant to rule 66 of the rules ofprocedure, it was decided not to discuss the report of the Sixth Commit- tee.

The positions of delegations with respect to the recommendations contained in the Sixth Committee's report to the Assembly are reflected in the Committee's relevant summary records. 57. The Assembly will now take a decision on the draft resolution entitled "State of signatures and ratifications of the Protocols Additional to the Geneva Conventions of 1949 concerning the respect for human rights in armed conflicts", recommended by the Sixth Committee in paragraph 7 of its report [A/34/702]. The Sixth Committee adopted that draft resolution by'consensus. May I take it that the General Assembly wishes to do the same?

The positions of delegations with respect to the recommendations contained in the reports of the Special Political Committee to the Assembly are reflected in the Committee's relevant summary records. 62. The General Assembly will first consider the report of the Special Political Committee on agenda item 50 [A/34/656). The Assembly will now take a decision on the six draft resolutions recommended by the Special Political Committee in paragraph 26 of that report. 63. Draft resolution A is entitled "Assistance to Palestinian refugees". A recorded vote has been requested.

Draft resolution B is entitled "Assistance to persons displaced as a result of the June 1967 hostilities". The Special Political Committee adopted that draft resolution without a vote. May I take it that the General Assembly wishes to do the same?

Draft resolution C is entitled "Offers by Member States of grants and scholarships for higher education, including vocational training, for the Palestinian refugees". A recorded vote has been requested.

Draft resolution D is entitled "Working Group on the Financing of the United Nations Relief and Works Agency for Palestine Refugees in the Near East". The Special Political Committee adopted draft resolution D without a vote. May I consider that the General Assembly wishes to do the same?

Draft resolution E is entitled "Population and refugees displaced since 1967". A recorded vote has been requested. 10 The delegation of Canada subsequently informed thc Secretariat thai it wished to have its vote recorded as having been against thc draft resolution.

We shall now turn to agenda item 52. The Assembly will now take a decision on the draft resolution entitled "Comprehensive review of the whole question of peace-keeping operations in all their aspects", recommended by the Special Political Committee in paragraph 6 of its report [A/34/678]. The Special Political Committee adopted that draft resolution by consensus. May I consider that the General Assembly wishes to do likewise?