A/36/PV.105 General Assembly

The positions of delegations regarding the various recommendations of the Fifth Committee have been made clear in the Committee and are reflected in the relevant offidal records. 15. I would remind members that under decision 34/40I, the General Assembly agreed that when the same draft resolution is considered in a Main Committee and in 16. The Assembly will consider first the report of the Fifth Committe~ on agenda item 12, dealing with the chapters of the report of the Economic and Social Council that were allocated to the Fifth Committee [A/36/843]. 17. The Assembly will now take a decision on the draft resolution recommended by the Fifth Committee in paragraph 8 of its report. The Fifth Committee adopted that draft resolution without a vote. May I consider that the General Assembly wishes to do the same?

We turn now to the draft decisions recommended by the Committee in paragraph 9 of the report. 19. Draft decision I, entitled "Proposed statutes of the regional institutes for population studies at Accra and Yaounde"', was adopted by the Fifth Committee without objection. May I take it that the General Afsembly wishes to do the same?

Draft decision 11, entitled "Report of the Economic and Social Council", was also adopted by the Fifth Committee without objection. May I take it that the General Assembly also wishes to do so?

We turn now, under agenda item 12, to those chapters of the report of the Economic and Social Council [A/36/3/Rev./] which have been referred to !he Assembly for consideration directly in plenary meetmg. 22. I refer to chapter I, entitled "Matters calling for action by the General Assembly or brought to its attention"; chapter XXX, dealing with assistance to the oppressed people of South Africa and their national liberation movement by agencies and institutionli within the United Nations system; and chapter XXXVII, entitled "Organizational matters." May I take it that the Assembly wishes to take note of those chapters of the report of the Economic and Social Council, taking duly into account the statements made in the Council during the consideration of those matters?

We now turn to the report of the Fifth Committee on agenda item 18 (f) concerning the appointment of five members of ICSC. 24. The representative of France wishes to speak on a point of order.

I am speaking on a point of order because, in view of the difficulties in the Fifth Committee 26. This proposed postponement would no doubt enable the Secretary-General to resume consultations to produce a list of candidates for the three seats to be filled, which would again be referred to the Fifth Committee for decision at the resumed session of the General Assembly. We should like to see this motion adopted by consensus. Of course, it does not in any way affect the two seats set aside for Latin America and Asia, which, as we understand it, were filled in the normal way by the Fifth Committee.

Members have heard the 'procedural motion of the representative of France that the consideration of this item be postponed until the resumed session. He expressed the hope that this motion would be adopted by consensus. Are there any comments on or objections to it? 28. Mr. de pJNIEs (Spain) (interpretation from Spanish): I should like to know why a decision adopted by the Fifth Committee by an overwhelming majority should be deferred now for consideration at a subsequent stage. Item 18 (f) is on the agenda for today. In view of the ballot in the Fifth Committee which resulted in the election of a number of representatives to fill vacancies in ICSC, I see no reason why this question should now be deferred. I should appreciate a clarification and an explanation as to why we should postpone a decision on this matter. The vote spoke for itself, and therefore I cannot understand why the Assembly cannot take a decision on this. I reserve the right to speak again.

I call on the representative of Peru, who is the Rapporteur of the Fifth Committee.

My delegation would like to state emphatically that the Assembly must decide whether or not to ratify a decision taken by the Fifth Committee in connection with item 18 (f). In presenting my report as Rapporteur, I certainly stated clearly that the relevant recommendation had been adopted by the Committtee. The Committee was faced with an unsolved problem, and there was a lengthy debate on this matter. After careful consideration of the subject, it adopted a decision. It is for the Assembly now to decide whether or not it approves the decision of the Committee. 31. Accordingly my delegation considers that, if the French delegation insists on postponement of consideration by the l"i.ssembly of the decision taken by the Fifth Committee, there should be a vote on this matter.

First of all, my delegation wishes to support the comments made by the representative of Peru, the Rapporteur of the Fifth Committee, who clarified the issue for us. This issue was studied at length in the Fifth Committee, as he said; a recommendation was reached which is now submitted. to the Assembly. We do not know why, especially at this time, the Assembly is being asked to defer a decision on this matter. 33. We feel that defermeat of this question will lead to some problems. For example, some representatives would

My delegation also wonders why the decision taken by the Fifth Committee is being called into question. As the representative of Spain and the Rapporteur of the Committee, the representative of Peru, just stated, first we have to decide whether we accept the decision of the Fifth Committee or wish to change it.

A number of important legal questions were raised in connection with the appointment of members of ICSC at the 79th meeting of the Fifth Committee. Two key issues, for example, were the interpretation of the statute of ICSC [resolution 3357 (XXIX). annex] and of other rebvant instruments, and the question of consultations prior to the submission of the names of ICSC appointees to the Assembly for its approval. 36. My delegation is committed not only to strict observance of stipulated procedures but also to the principle of effective consultation and co-ordination throughout the United Nations system. I note that the report of the Fifth Committee on this question does not in fact contain any reference to the views of the Office of Legal Affairs on these questions, althc·agh I understand that their views had been requested and, indeed, expressed. 37. For those reasons, and having regard to the important and far-reaching implications of decisions that may be taken, I should like before we proceed further to put to the Legai Counsel the question of how the Fifth Committee's actions should be interpreted and what their effects would be. I think that his advice might assist us in our consideration of the present motion.

Three times now, delegations have put the question why this matter has been raised anew. Certainly the new Secretary-General should be allowed to settle this in an amicable manner, and in accordance with the statute of lCSC. In this respect, we already have the testimony at the 79th meeting of the Fifth Committee of the representative of FAO, who has called into question the legality of this. Above all, given the view-which I think is held very much in common in the Fifth Committee-that we should preserve the common system, I fail to see now why we would take action which would in essence undermine that very system. We have already seen what that does in terms of the lLO, and I suggest that we would be wise not to compound the situation by now taking a decision which would in effect call into qUe§tion the relationship of the agencies to ICSC. 39. Therefore, without prejudice to who, in fact, would be appointed-and I think it is important to consider this-the wisest course would probably be to ask the new Secretary-General to consider the situation. He would be ' able to consult with those agencies which have a right' under the statute to be consulted and which, if they were not consulted, could take exception to the action taken by the Fifth Committee.

I have no intention to go into the merits of the matter before the Assembly now but, having listened to this brief debate on the question and on the procedural position, it would seem' to

I call now on the Legal Counsel, Mr. Suy, to answer the question put by the representative of Australia.

'0111 French): The statute of ICSC states in its article 4 that the Secretary-General. after appropriate consultations with Member States, the other organizations in the United Nations system and staff representatives. should compile a list of candidates for appointment as members of the Commission. It is up to the General Ass.:-mbly to study that list and to take a final decision. 44. . At its 79th meeting. on 16 December 1981. the Fifth Committee decided to vote on some candidates whose names were not on the Secretary-General's list. Consequently, with respect to those candidates, the consultations required by article 4 of the statute apparently did not achieve a positive result. In taking that decision. the Fifth Committee ipso facto rejected the list compiled by the Secretary-General. The only possible interpretation of that decision is that the Fifth Committee rejects the Secretary-Generars list and sends the matter back to him. asking that new consultations be held with the appropriate bodies. 45. Indeed. that is !he only possible interpretation, since the 'decision of the Fifth Committee. were it to be endorsed by the General Assembly, could not produce any final appointments, because that would violate the terms of article 4, paragraph I. of the statute of ICSe. 46. It is true that ICSC's statuie was drawn up by the General Assembly, but this statute is more than a simple recommendatory resolution. In drawing up the statute. the Assembly decided to establish a subsidiary body and gave it a charter that is in conformity with those of all the other organizations in the United Nations system. It must be respected, even by the General Assembly. unless the Assembly wishes to follow the procedure for amendment provided for in article 30 of the statute. 47. If the General Assembly Wf,i.'e to decide to appoint as members of the Commission persons whose names were not on the list compiled by the Secretary-General, it would not be giving an interpretation of article 4, but would be purely and simply disregarding the peremptory provisions of that article. 48. I should like to add one comment. ICSC's statute was accepted by all the organizations belonging to the United Nations common system. It is to be feared that the bodies of other organizations may not share the viewpoint of the General Assembly should it decide to bypass the requirements of ICSC's statute. It is clear that this would create a situation that would be extremely dangerolis for the future functioning of lesc. which is a pivotal body in the common system. 49. As proof of this I would refer the Assemb.ly to three telegrams which came to us today from. respec- ": have been instructed by the Director-General to convey to [the Secretary-General! that UNESCO supports your stand in defence of ACC proposal on the current debate at the Fifth Committee concerning the procedure for the election of new members of ICSC. The nature of this body and all its activities imply a continuous consultation with the participating organizations without which it will not be able to carry out its work. Any unilateral modification of this relationship will undermine its credibility and have seriou:-; legal consequences and no binding effect on UNESCO or other participating organizations until it is brought before and approved by their legislative or~ans."* 50. For all those reasons. I repeat that the only possible interp~etation of H:,o.·: decision taken by the Fifth Committee IS a rejection of the list presented by the Secretary- General, and the effect of this decision can only be an order to the Secretary-General to prepare a new list.

My delegation listened very carefully to the statements made by other delegations and the view of the Legal Counsel which we have just heard. The Legal Counsel's view is simply a ratification of the arguments put forward in the Fifth Committee in connection with articles 4 and 5 of the statute of ICSC. 52. My delegation would like to state quite clearly once again in the General Assembly that, at all events, the problem that arose in the Fifth Committee had to be solved by the Fifth Committee solely because the Committee. when it took up the matter, considered that, to a certain extent, the provisions of article 3, paragraph 2, of the statute had been disregarded. Indeed, that paragraph states that "The members of the Commission, no two of whom shall be nationals of the same State, shall be selected with due regard for eqUitable geographical distribution... 53. Nowhere does the statute of ICSC say that three representatives from the group of Western European and other States must be elected. However. if we look at article 4. paragraph 2. of the statute. we see that it clearly states "In the same way, the names of candidates shall be submitted to the General Assem~ly to replace" ...

I respectfully interrupt the representative of Peru to say that the motion of the representative of France which we are discussing is precisely not to have a second debate on the substance of this item, in addition to the one that took place in the Fifth CO'.l1mittee. I request him and others who may speak after him to avoid going into the substance of the matter, except in so far as it pertains to the reasons for or against postponing the debate on this item.

I shall try to be brief. I would only state once again that article 4, paragraph 2, of the statute of ICSC does not provide anywhere that there must be exactly three names from a regional group. The phrase used is "the names of candidates". It does not establish how many. In this case * Quoted in English by the ·speaker. 56. To return this question to the new Secretary-General for solution by him later on would be to hand him a problem that he did not create. This prob~em should have been solved before it went to the Fifth Committee, and that is why the Committee took a final decision on it. 57. Mr. de PINIES (Spain) (ill1erpretatioll from Spanish): We are moving ir.to purely procedural grounds here. But I should like to point out that the statement by the Legal Counsel did contain elements which could have an influence. in terms of procedure. on the decision of the General Assembly. Hence. it is only fair to allow delegations to explain their positions on this. 58. I am speaking in this debate because I was the Chairman of the group of Western European and other States in October. I was consulted by the Secretary- General at that time and I sent him a letter on 27 October stating: "In connection with the appointment of members to the International Civil Service Commission by the General Assembly at its present session. I have the honour to inform you that the candidates from the group of Western European and other States for this Commission are the following: Mr. Ralph Enckell. of Finland; Mr. Jean-Claude Fortuit, of France; Mr. Richard V. Hennes, of the United States of America; Mr. Arthur H. M. HiIlis. of the United Kingdom of Great Britain and Northern Ireland; and Mr. Helmut Kitschenberg. of the Federal Republic of Germany." 59. In paragraph 3 of his note [AIC.513611108], the Secretary-General states that the appointment of members of ICSC is governed by the provisions of articles 4 and 5 of ICSC's statute. Pursuant to those provisions, t~ie Secretary-General held consultations with Member States through the chairmen of the regional groups. 60. If as a result of those consultations the Secretary- General submitted the names of three candidates from the group of Western European and other States-the representatives of France. the United Kingdom and the United States-that was not correct. I have just read out the letter I sent him. from which it follows that the group of Western L.:ropean and other States could not agree to that. . 61. What conclusions can we draw? Various ones are possible. First, the Secretary-General has comprehensive power and names whomever he sees fit to name. In such a case. with all due respect, consultations are superfluous. Secondly, as the representative of Peru quite· rightly said, in case of a disagreement about the appointments, the Committee must carry out an election. Pursuant to the sovereign right of the Assembly, the Committee interpreted the situation in that way and decided to put the names of the five candidates to a vote. Out of those live. three were elected. In my earlier statement. I pointed out the reasons which prompted the representative of France to ask for a postponement of a decision by the Assembly confirming .the names put forward by the Fifth Committee. I am quite prepared to respect the Assembly's decision, but it should be understood that if we are going to 62. If you. Mr. President. put to the vote the motion for postponement and the Assembly adopts it. then I shall accept and respect it. But it should be understood that the Fifth Committee has already taken a decision, and that, in the list contained in its report. the view of the group of Western European and other States is not taken into account. The fact is that there was no agreement on that. 63. The solution could have been to continue the discussion and the consideration. Since I sent my letter to the Secretary-General on 27 October. almost two months have passed. We have had two months in which to continue consideration and discussion in order to reach an agreement. But a list had to be submitted. The result is that the Fifth Committee has democratically elected these gentlemen and now we are being told that they have not been legally elected. My delegation disagrees with that way of proceeding.

I should like to make only one comment. The representative of Spain has cited rule 81. Now, although I was not in the Fifth Committee and did not participate in the debate there. I think it is correct to say that the Assembly has not pronounced itself yet on the election of the gentlemen in question. We are dealing only with a recommendation from the Fifth Committee. Rule 81 therefore does not yet apply. The Assembly has not pronounced itself Qnthe substance. The procedural motion of the representative of France has to be dealt with first-in other words. we must decide whether a decision is to be taken now or later.

I should like to move the closure of the debate. I think the members of the General Assembly know the issues very well. There are some who would like to preserve the common system. not destroy it. This flows quite clearly from the telegram from UNESCO that has been read out here. My delegation would also like to preserve the rights of the new Secretary-General, not limit them. We have heard in this respect from the Legal Counsel also. Therefore I think we are in a position to move to a vote.

Since no other representatives wish to speak. I do not think a motion for ciosure of the debate is necessary. I now put to the vote the motion of the representative of France that the Assembly defer consideration of this matter until a later stage in the thirtysixth session.

I now put to the vote the motion of the representative of the United States that the Secretary-General be requested to compile a new list of candidates for the vacant seats in ICSC. A recorded vote has been requested. The motio/l was rejected hy 48 rotes 10 43. witl1 42 abstemio/ls.

The Assembly can now proceed with its consideration of the report of the Fifth Committee~ on agenda item 18 If). 68. Mr. ADELMAN <United States of America): We should like to submit a motion-not to defer the itembut to have the Secretary-General draw up a new list of candidates. The reasons have been given very clearly before us bv the delel!ations of France. Canada and the Netherlands and by the Legal Counsel. We should Iik~ to make sure that the General Assembly does not do any- "" -"'-~""'-'''~'~~''''-,''''''''''~'''-"T~---~._ _,.-~.-t-'''~~~' "'-'-'---"-'~""~-:'---'-'",",~<o-~~-'?---'~-'-""-~'--~---~~---"""""'--~~-'-~--~'--"~._._~--- "---~--~'--""--=--"--'._~ _-'-'.'-'~~"""'"'_~~_'-'--"""' '" "~ • ~~: 69. I would recall that the consultations are not just with the members of the group of Western European and other States. As the representative of Spain said, consultations must be held with various Member States. with the chairmen of the regional groups. with the executive heads of the other organizations. with the staff representatives. with the Federation of International Civil Service Associations. and with the Advisory Committee on Administrative and Budgetary Questions. All these groups should be properly consulted during the compiling of the list. Certainly the new Secretary-General should take into aCCQunt the work done by the Fifth Committee on this matter during the thirty-sixth session. He should really review this question very carefully.

The representative of the United States has moved that the Secretary-General be requested to compile a new list of candidates. That motion of course takes precedence over the Committee's recommendation and if it were adopted we could not vote on that recommendation. But I should like to ask the representative of the United States what time-frame he has in mind for this. If the new list is to be presented at the resumed thirty-sixth session. that would be similar to the French proposal. But that would not be the case if it is intended thilt this list be presented sooner.

The new list should take into consideration the discussion we have had here. the feelings of the specialized agencies and the work done by the Fifth'.Committee on this question. Whether or not the list would be different from either the list submitted originally or that approved by the Fifth Committee would be up to the Secretary-General. after he had undertaken the proper consultations in various quarters. 72. It is my understanding that ICSC is not planning to hold a session before the resumed session of the General Assembly is convened. so the adoption of our proposal would not delay the work of ICSC in any manner. A /"(JcOl"l/ed \"Ote lI~IS wkell. III favour: Antigua and Barbuda, Australia. Austria, Barbados. Belgium, Byelorussian Soviet Socialist Republic, Canada. Colombia, Dominican Republic, El Salvador, France, Guatemala, Israel, !taly, Ivory Coast, Japan. Liberia. Luxembourg, Morocco. Netherlands, New Zealand, Niger, Pdpua New Guinea, Philippines, Portugal, Senegal. Singapore. Solomon Islands, Togo, Trinidad and Tobago, Turkey, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Kingdom of Abstaining: Argentina, Bahamas, Bahrain, Bhutan, Bolivia, Bulgaria, Burma, Burundi, Cape Verde, Central African Republic, Chad, Chile, China, Congo, Costa Rica, Czechoslovakia, Ecuador, Egypt, Fiji, Gabon, Gambia, Germ~n Democratic Republic, Greece, Guinea- Bissau, Honduras, Hungary, Jamaica, Kenya, Malawi, Malaysia, Mauritania, Mauritius, Mongolia, Nepal, Nigeria, Pdkistan, Pdnama, Qatar, Rwanda, Saint Lucia, Saudi Arabia, Suriname, Tohailand, Tunisia, United Republic of Cameroon. Upper Volta, Yemen, Yugoslavia, Zaire. The motion was rejected by 46 votes to 35, with 49 abstentions.

I now put to the vote the recommendation of the Fifth Committee in paragraph 8 of its report [A/36/546], that the General Assembly should appoint the following persons as members of the International Civil Service Commission for a four-year term beginning on I January 1982: Mr. Ralph Enckell, Mr. Jean- Claude Fortuit. Mr. Helmut Kitschenberg, Mr. Akira Matsui and Mr. Antonio Fonseca Pimentel. A recorded vote has been requested.

I now invite members to turn their attention to the report of the Fifth Committee on agenda item 101 [A/36/806]. The Assembly will take a decision on the two draft resolutions recommended in paragraph 13 of the report. 76. Draft resolution A was adopted by the Fifth Committee without objection. May I consider that the Geperal Assembly also adopts it?

Draft resolution B was alsu adopted by the Fifth Committee without objection. May I take it that the General Assembly adopts that draft resolution?

We turn next to the report of the Fifth Committee on agenda item 103 (A/36/838]. paragraph 13 of which contains two draft resolutions recommended by the Committee. 79. I now put before the Assembly draft resolution I. which was adopted by the Committee by consensus. May I take it that the General Assembly. too. adopts it'! Drl!f"t resolution I was adopted (resolUTion 36/229).

The representative of the United States has asked that draft resolution 11 be put to the vote. I put draft resolution 11 to the vote. Drl!f"t resolution 11 H"lIS adopted by 97 \'Otes to 2/. with J8 abstemions (resolUTion 36/230J.

The Fifth Committee further recommends. in paragraph 14 of its report. the adoption of a draft decision by which the Assembly would take note of the note by the Secretary-General on the feasibility of establishing a single administrative tribunal and request the Secretary-General. pursuant to decision 34/438 of 17 December 1979. to submit a report on the subject to the Assembly at its thirty-seventh session. May I take it that the Assembly adopts that draft decision. which was adopted by the Fifth Committee without objection? 82. We come now to the report of the Fifth Committee on agenda item 104 [A/36/839]. In paragraph 7 of'the report the Fifth Committee recommends a draft decision which it adopted by consensus. May I take it that the General Assembly wishes to do the same?

We turn next to the report of the Fifth Committee on agenda item 106 [A/36/833]. I shall now put to the Assembly the two draft resolutions recom-

Draft resolution B was adopted without a vote by the Fifth Committee. May I take it that the General Assembly wishes to do so also? Draft resolution B was adqpted (resolution 36/231 B).

We turn now to the report of the Fifth Committee on agenda item 107 [A/36/831). The Assembly will take a decision on the draft resolution recommended by the Fifth Committee in paragraph 63 of the report. A recorded vote has been requested.

We now come to the four draft decisions recommended by the Fifth Committee in paragraph 64 of its report. 88. Draft decision I, entitled "Composition of the Secretariat", was adopted by the Committee without a vote. Is it the wish of the Assembly to follow suit? . Draft decision I was adopted (decision 36/455).

Draft decision 11, entitled ''Application of the principle of equitable geographical distribution", was also adopted without objection. May I take it that the Assembly wishes to do the same? 90. The PRESIDENT,: The Fifth Committee also adopted without a vote draft decision Ill, entitled "Con- cept of career, types of appointment, career development and related questions". May I consider that the Assembly wishes to do the same?

Draft decision IV, entitled ''Amendments to the Staff Rules", was adopted by the Fifth Committee without a vote. May I take it that the Assembly wishes to do the same?

We turn now to the report of the Fifth Committee on agenda item 108 [A/36/840). 93. The Assembly will now take a decision on the draft resolution recommended in paragraph 8 of the report. The Fifth Committee adopted the draft resolution without objection. May I take it that the Assembly also adopts it?

The Assembly will now take decisions on the two draft resolutions recommended by the Fifth Committee in paragraph 7 of its report on item 99 [A/36/844]. 96. I shall first put to the vote draft resolution A, entitled "Final budget appropriations for the biennium 1980-1981". A recorded vote has been requested.

Next I put to the vote draft resolution B, entitled "Final income estimates for the biennium 1980-1981". A recorded vote has been requested.

The Assembly will now turn to Part I of the report of the Fifth Committee on agenda item 100 [A/36/845]. 99. I caIl on the representative of the United States for an explanation of vote.

The United States. delegation will vote against the proposed appropriation for the programme budget of the United Nations for the biennium 1982-1983. Grave reservations about the size and composition of the expenditures contained in this budget have impeIled my Government to take this unprecedented step. Given world economic conditions and the pressures they exert upon the treasuries of all Member States, a negative vote, in the view of my Government, is the only responsible action we can take. 101. The cost of operating the Organization today is four times that of 10 years ago. The rate at which th cost has increased is at least as much cause for concern as the absolute size of the budget. If the rate of this increase does not slacken, expenditures for the programme budget of the United Nations will approach $3 billion by the year 1990. At such a level of expense, Member States from every region and every group wo\l1d find the cost of their membership unreasonable. 102. Eight or 10 years from now will be too late to take the corrective measures that, by then, will be demanded from all sides. This is the time to begin. The specific reasons why my delegation and other delegations will vote against the proposed programme budget for the next biennium may serve at least as a beginning step to such corrective measures. 103. Member States should have first claim on savings realized from reductions in predicted expenditures of the United Nations. Had this principle been observed, foreca~ts of lower inflation rates and a stronger dollar over the . .next biennium, now accepted by the General Assembly, would have held down the size of the contributions for 104. The United States is seriously concerned by the frequency with which the recommendations of the Advisory Committee on Administrative and Budgetary Questions are and have been ignored or rejected. No one expects the advice of the Advisory Committee to be accepted without question in every instance. Going to the other extreme, however, clearly undermines the very trust the General Assembly has placed in the Advisory Committee. This trend must be reversed or the General Assembly will not be able to deal with the administrative and management affairs of the Organization. 105. The General Assembly has repeatedly called upon the Secretary-General to identify for its consideration those programmes that have been completed, or are ineffective, marginal or obsolete. Such a report was received this year, but much too late in the session to permit rational consideration and effective implementation. The United States is certainly not convinced that it was impossible to furnish this information in time for the General Assembly to give it an appropriately thorough review. 106. Indeed, we have become aware of far too many instances in which members of the Secretariat seem more committed to enlarging programmes-their programmes-than to realizing savings-our savings, the savings of Member States. Measures to discourage such attitudes and to instill disciplined support of decisions to contain expenditures obviously need to be strengthened. The United States urges the Secretary-General to give this matter a high priority, and we have every confidence that he will indeed do so. 107. The programme budget of the United Nations still contains expenditures for purposes the United States finds objectionable. We reiterate that we do not believe it is either proper or sound to assess Member States for contributions to technical assistance programmes. It is most specifically wrong to. charge them for the cost of financing activities that contribute to the objectives of such organizations as the Palestine Liberation Organization. Entities which have no status under the Charter have no claim on its resources. It is unreasonable, moreover, to expect the United Nations to contribute to the support of organizations pledged to the destruction of its own Members. 108. Further, we feel strongly that it is inappropriate for the United Nations or any of its specialized agencies to channel United Nations funds through liberation movements. The attempt to identify United Nations specialized agencies with political groups and causes seriously interferes with and undermines their effectiveness in performing the noble technical and humanitarian functions for which they were established. To politicize those agencies not only endangers their over-all effectiveness but seriously jeopardizes American support for the United Nations. 109. My delegation has described its views on the programme budget for the forthcoming biennium in detail during debates in the Fifth Committee. In general, however, we believe that both the Secretary-General and the membership of the Organization must exert themselves

The Assembly will now take decisions on the recommendations of the Fifth Committee. Ill. Draft resolution I is entitled "Questions relating to the proposed programme budget for the biennium 1982-1983". Sections I to III of that draft resolution, entitled, respectively, '~ctivities of the Administrative Management Service", "United Nations language training programme" and "Use of experts and consultants by the United Nations Centre on Transnational Corporations", were adopted by the Fifth Committee without objection. May I take it that the General Assembly wishes to do the same? Sections I to III of draft resolution I were adopted (resolution 36/235, sections I to Ill).

Section IV of draft resolution I is entitled "Interorganizational security measures". The Fifth Committee adopted that section without objection. However, a recorded vote in the Assembly has been requested.

Section V, entitled "First-class travel in the United Nations", was adopted by the Fifth

We turn now to section VI of draft resolution I, entitled "Training programme for English and French translators/precis-writers at the Economic Commission for Africa". A recorded vote has been requested.

Sections VII entitled "International Computing Centre" and VIII, entitled "Job classification and career development of language staff', were adopted by the Fifth Committee without objection. May I consider that the General Assembly wishes to do the same? Sections VII and VIII of draft resolution I were adopted (resolution 36/235, sections VII and VIII).

I shall now put to the vote section IX of draft resolution I, entitled "United Nations accommodation at Nairobi". A recorded vote has been requested.

Sections X to XII, entitled, respectively, "Common services at the United Nations Centre at Nairobi", "Implementation of revised General Service salary scales at Geneva" and "Office accommodation at Headquarters", were adopted by the Fifth Committee without objection. May I consider that the General Assembly wishes to do the same? Sections X to XII of draft resolution I were adopted (resolution 36/235, sections X to XII).

I shall now put to the vote section XIII of draft resolution I, entitled ··Administrative costs of the Office of the United Nations High Commissioner for Refugees". A recorded vote has been requested.

Sections XIV to XVI, entitled, respectively, "Convening of an international conference on population in 1984", "Contractual status of language teachers at Headquarters" and "Establishment of a childcare centre at Headquarters", were adopted by the Fifth Committee without objection. May I take it that the General Assembly also adopts them? Sections XIV to XVI of draft resolution 1 were adopted (resolution 36/235, sections XIV to XVI).

I shall now put to the vote section XVII of draft resolution I, entitled ')\ccess to the language training programme by accredited staff of permanent missions at Headquarters". A recorded vote has been requested.

Section XVIII is entitled ')\dministrative and financial implications of the recommendations of the Committee for Programme and Co-ordination in paragraphs 477 to 514 of its report on its twentyfirst session". Section XIX is entitled "Use of experts and consultants in the United Nations". Section XX is entitled "Formulation, presentation, review and approval of programme budgets". 122. The Fifth Committee adopted those sections without objection. May I take it that the General Assembly wishes to do the same? Sections XVllI to XX of draft resolution I were adopted (resolution 36/235, sections XVllI to XX).

Draft resolution 11 is entitled "Vienna International Centre". The Fifth Committee adopteq it without objection. May I take it that the General Assembly wishes to do the same?

I shall now put to the vote draft resolution Ill, entitled '''Establishment of an information sy~tems unit in the Department of International Economic and Social Affairs". A recorded vote has been requested.

We turn now to draft resolution IV, entitled "Report of the Committee of Governmental Experts to Evaluate the Secretariat in the Administrative, Finance and Personnel Areas". 126. Draft resolution IV was adopted by the Fifth Committee without objection. May I consider that the General Assem~ly wishes to do so also?

We turn now to draft resolution V, entitled "Special review of the ongoing work programme of the United Nations". The Fifth Committee adopted that dratt h.•.::"lution by consensus. May I take it that the General Assembly wishes to do so also?

We now turn to draft resolutions VI A to C. 129. I put to the vote first draft resolution VI A, entitled "Budget appropriations for the biennium 1982-1983". A recorded vote has been requested.

Draft resolution VI B, entitled ..Income estimates for the biennium 1982-1983" was adopted without a vote by the Fifth Committee. May I take it that the General Assembly wishes to do the same?

I now put to the vote draft resolution VI C, entitled "Financing of appropriations for the year 1982". A recorded 'Iote has been requested. A recorded vote was taken. In favour: Algeria, Angola, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Benin, Bhutan, Bolivia, Brazil, Burma, Burundi, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Congo, Costa Rica, Cuba, Cyprus, Democratic Kampuchea, Democratic Yemen, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea- Bissau, Honduras, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Ivory Coast, Jamaica, Jordan, Kenya, Kuwait, Lesotho, Liberia, Libyan Arab Jamahiriya, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Morocco, Mozambique, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Portugal, Qatar, Rwanda, Saint Lucia, Samoa, Sao ·Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, United Arab Emirates, United Republic of Cameroon, United Republic of Tanzania, Upper Volta, Uruguay, Vanuatu, Venezuela, Yemen, Yugoslavia\ zaire, zambia. Against: Bulgaria, Byelorussian Soviet Socialist Republic, Czechoslovakia, German Democratic Republic, Germany, Federal Republic of, Hungary, Japan, Mongolia, Poland, Solomon Islands,3 Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, United States of America. Abstaining: Afghanistan, Israel, Romania. Draft resolution VI C \1i\.'lS adopted by 124 votes to 14, with 3 abstentions (resolutioJl 36/240 C).

I now put to the vote draft resolution VII, entitled "Unforeseen and extraordinary expenses for the biennium 1982-1983". A recorded vote has been requested.

I now put to the vote draft resolution VIII, entitled "Working Capital Fund for the biennium 1982-1983". A recorded vote has been requested.

As members are aware, there is a vacancy to be filled in the membership of the International Court of Justice because of the untimely death of Judge Abdullah EI-Erian. 136. If there is no objection, I propose that the Assembly"defer consideration of item 15 (c) to a later stage in the thirty-sixth session.

I understand that consultations are continuing on agenda item 18 (i). I understand also that the present United Nations Commissioner for Namibia, Mr. Martti Ahtisaari, will continue to serve as Special Representative of the Secretary-General for Namibia, in conformity with Security Council resolution 431 (1978). 138. I therefore propose that the item be considered at a later stage of the thirty-sixth session.

This agenda item is stilI pending before the Assembly. Members will recall that, on the basis of its decision 35/428 of 10 December 1980, the General Assembly decided at its 4th meeting to include this item in the agenda of the present session, but deferred a decision on the allocation of the item to an appropriate time in the future. It is my understanding, on the basis of consultations witb all concerned, that it would be desirable to leave the question of Cyprus open at the present session. 140. May I take it that the General Assembly agrees with that understanding and decides to retain the item on the agenda of its thirty-sixth session?

The Turkish delegation has no objection to the decision taken by the General Assembly on the basis of the statement you have just made, Mr. President. However, we think that it is regrettable that there could be no consensus that would have allowed you to make a statement like the one read out by your predecessor at the 89th plenary meeting of the thirty-fifth session. 143. It is Turkey's opinion that the best, indeed the only, forum for the Cyprus Question is the intercommunal talks now going on in Nicosia between the Turkish and Greek communities of Cyprus. These negotiations have now eritered a crucial phase. Indeed, the Secretary-General officially submitted a report [A/36/702] which allows for the presentation within his good offices mission of suggestions which might bring about a rapprochement between the two parties in order that an intercommunal agreement might be reached on the question of Cyprus. It is clear that it is especially during this phase that we should avoid provocative polemics and sterile rhetoric and that we should devote ourselves, s~riously and with goodwill, to the search for a negotiated solution to this delicate and complicated problem.

My delegation, Mr. President, supported the decision proposed by you and just adopted by the General Assembly concerning this item. This d~cision affords my Government the possibility of requesting that the General Assembly be convened in a resumed session to consider the question of Cyprus in the event that the intercommunal talks fail to yield the desired and expected result within the coming months. 145. If, therefore, the intercommunal talks, whIch are being carried out on the basis of the relevant United Nations resolutions and the high-level agreements. fail to register the progress that we hope they will, then my Government, acting on the basis of the decision just adopted, will call for a resumed session. during which the Assembly will be asked to consider the question of Cyprus and to adopt a resolution. as in the past.

Agenda item 38 is also pending on the agenda of the thirty-sixth session of the General Assembly. Having held consultations on this matter. I understand that there is no request to consider this item at the present session. May I take it. therefore. that the Assembly decides to include the item in the provisional agenda of the thirty-seventh session?

The thirty-sixth session of the General Assembly wilt resume at a date to be announced for the sole pUlpose of considering the following agenda items: first, under agenda item 12, the question of human rights relating to the case of Mr. Ziad Abu Eain. in COilfonnity with resolution 36/171, adopted at the 101st ple- 148. I take it that the Assembly so decides. It was so decided (decision 36/461).

The representative of Austna wishes to make a statement at this stage, and I call on him now.

Before the suspension of the thirty-sixth session of the General Assembly, I should like to thank you, Mr. President, for the outstanding manner in which you have guided our deliberations over the last three months. You have presided over the General Assembly at a most difficult and decisive moment in the history of the United Nations. We are faced not only with grave tensions in many parts of the world, but also with the increased challeng/~ of securing a better life in greater freedom for all people. In overcoming our problems and in joining our efforts to shape a better future, we are fully aware of the vital role the United Nations is called upon to play. 151. Today we are once again witnessing one of those moments in the history of the United Nations when a new chapter opens while another one draws to a close. Since my delegation did not Pdve ttl~ opportunity to speak on the agenda item on the appointment of the Secretary-General of the United Na~ions, I should like to make the following statement. 152. On behalf of the Austrian delegation, I wish to extend our sincere congratulations to Mr. Javier Perez de Cuellar on his appointment as Secretary-General of the United Nations. We greet him as an outstanding son of his native country, Peru, and of Latin America, as well as a distinguished statesman whose thorough knowledge of and great experience in international affairs make him eminently qualified for the high office of Secretary-General. His impressive career as a diplomat and his admirable performance as an international civil servant. together· with his extraordinary human qualities, augur well for his fulfilment of his new and exacting task. We wish him all success and personal fulfilment in his most demanding post. We pledge to him our full support in his future endeavours for peace and co-oper-dtion among nations. 153. In welcoming the new Secretary-General, it is also our duty and heartfelt wish, as one of the Members of the United Nations and as representatives of the country to which the outgoing Secretary-General belongs, to express to the Secretary-General, Kurt Waldheim, our deepest gratitude for his 10 years of self-sacrificing service in the cause of the Organization. We pay tribute to him for the outstanding example and high standards he has set. both i55. ~Vhen we take the liberty as a single delegation to dwell so long on the merits of Secretary-General Kurt Waldheim, we do so with direct reference to the statement he made,IO years ago (;,1> ~he occasion of his first appointment to this most important post. In addressing the Assembly 10 yeurs ago,.! he said that his appointment was not only a sign of the confidence and trust that Member States had placed in him personally, but also reflected a tribute to and an honour for Austria, his native country. 156. It is now my pleasant duty, on behalf of that country, to express to the Secretary-General the deep appreciation of the Austrian Government for his devotion and his conduct over the past 10 years, which also reflect the Austrian commitment to the Organization. We are proud of him, and we than:~ him for a job well done.

Except for the unfinished business to which I referred earlier, the ~.hirty-sixth session of the General Assembly has come to the end of the consideration of its agenda. How are we to ass~ss the results? The presiding officer is not the best judge of that, but it has become a tradition-a tradition which I carmot escape and which has been followed by my predecessors-for the President to make some concluding remarks. 158. On 15 September, the opening day of this session, following my election: I had occasion to state that everyone knows that most of the important issues contained in the agenda have been exhaustively studied and that hundreds of resolutions concerning those issues have been adopted year after year; the General Assembly is not in need of new resolutions as much as of a commitment to the resolutions it has already adopted and to the implementation of those resolutions by translating them into concrete action, thereby contributing to the principles and 162. This year the Assembly had to deal with the quespurposes of the Organization. tion of the appointment of the Secretary-General with much more interest and sometimes tension than usual. 159. On that occasion, I also said that I wondered But I hope that I reflect the feeling of eve:ryone here when whether, for example, we need 11ew resolutions conct:m- I say that the matter was resolved at the end with dignity ing the inalienable rights of the Palestinian people, includ; and in a manner that can only enhance the prestige of the ing the nght to self-determination and the establishment institution itself and of all concerned. After 10 years of of an independent State under the leadership of its repredevoted and dedicated service, the Secretary-General is sentative; whether we must adopt new resolutions, studies leaving us with increased admiration and appreciation of and plans concerning the illegal occupation of Namibia by him. He has our best wishes for a rich and active new the apartheid regime in order to enable its people to exerlife, with increased freedom, as the elder statesman of the cise its right to self-determination, to rid itself of foreign United Nations and, indeed~ of the world. I have no occupation and to preserve its territorial integrity. At a doubt that the United Nations will continue to call on his time, I cont:nued, when there is an increasing number of unrivalled experience in the years to come. We may have resolutions concerning disarmament, we are witnessing ceased to be ~lis colleagues, but we shall always remain the beginning of a new nuclear arms race, when the anhis close friel1ds. 160. That, inter alia, is what I said in my short acceptance speech. Now, three months later, if we were to ask ourselves how we have fared in the Assembly, each one of us would probably have a different answer. More resolutions, in some cases even more than usual, have been adopted, especially with reg~.rd precisely to some of the items I singled out in my opening remarks. At the same time, we have seen no perceptible evidence of increasing political will to solve the issues preoccupying Member States and the General Assembly. On the contrary, in several areas new dangerous developments have increased tension and threatened even more the peace and stability of the world. The Assembly is indeed suspending its deliberations at a time of rising tensions and thickening clouds. 161. Perhaps in this regard, however, I owe the Assembly a clarification. It was never my intention to convey the thought that the Assembly should not continue to deal with the burning and important issues preoccupying the international community. That is obviously the raison d'ctre of this august body. What I intended to convey, and I stress again today, is that there is a need for Member States to re-examine their obligations under the Charter and to .take individual and collective measures in the implementation of the decisions of the Organization in support of its principles and purposes. And may I interject here a thought on a piece of conventional wisdom which is often repeated-even I have been the victim of it in the past. The conventional wisdom says that the big Powers do not need the United Nations; it is only the small and m~dium-sized countries that do. My quarter of a century of work in this house tells me that this is indeed not true. The biggest Powers need the Organization just as much as the rest of us, if for no other reason than that their stake in world peace and stability and their responsibility to achieve thf;m are that much bigger. The feeling, therefore, of tiredness and inertia towards the debates in the Assembly and its decisions, especially on the part of some segments of the media, is in my opinion misplaced and misdirected. As long as the problems of Namibia, apartheid, Palestine, Afghanistan, ~disarmament and global negotiations, to mention but a few, remain unsolved, it is the duty of the Assembly to prescribe solutions which it is up to Member States to carry out. The question is not whether the Assembly should deal repeatedly with unsolved problems but, rather, when Member States will find the will power to solve these problems and remove them from the agenda of the Assembly. 164. In reflecting on the achievements of the General Assembly at its thirty-sixth session thus far, I wish to mention several matters and I trust they will indicate that at least my remarks are ending on a more hopeful note. First of all, the Assembly adopted the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief [resolution 36/55], after many years of deliberations. However, our sense of accomplishment over the adoption of this Declaration must unfortunately be tempered by the almost total silence regarding it in the press. I have said-and I have said to the press itself-that it is symptomatic that a matter of this significance for understanding and harmony in the world went almost unnoticed by the army of media covering this session of the Assembly. I express the fervent hope that the Governments of the world will work to ensure the universal application of the standards set by this important Declaration. 165. I should like to make some comments on disarmament, and nuclear disarmament in particular. 166. A few days ago I had the distinct honour to receive a letter from His Holiness Pope John Paul 11, delivered by a delegation from the Pontifical Academy of Sciences and conveying "the results of a recently completed study on the disastrous immediate and delayed effects which a nuclear war would have on the area affected". I should like to quote some excerpts from His Holiness's letter: "A thorough examination of the studies made confirms the conclusion that it is therefore impossible to ward off previously, or to limit afterwards, the disastrous effects that are foreseen as a certain result of the use of such weapons. The destruction caused would be so radical and would so seriously damage the area affected as in fact to leave no alternative to death and no escape therefrorn". Again, His Holiness told me in his letter: "It is no less worrying to see public opinion seemingly growing accustomed to the idea that the use of such murderous weaponry, previously considered to be quite unthinkable, is now becoming possiBle, if not probable. I am deeply convinced, and I think you are too, that our generation has the moral duty to spare no effort to exorcise the spectre of nuclear war and to banish th~ temptation to yield to the idea that it is something inevitable. This duty falls in a particular way on those whose options and decisions can influence the course of history." 167. Similar delegations, as members have learned from the news media, were sent by His Holiness Pope John Paul II to the heads of State of a number of nuclear 169. Just think: three tons of TNT for every living person on this planet. Isn't that enough? Who can morally justify such a birthday present to every child brought into this world, rr the $500 billion spent annually to produce weapons w'lich we hope and pray will never be used and therefore, at best, become obsolescent and are thrown away? 170. Would it be too much to make a modest nuclear proposal? This Assembly might at some time consider adopting by consensus a declaration to set a date and declare that all babies born thereafter would be "nuclearfree babies", which in practical terms means stopping additions to the nuclear arsenal and beginning immediately the painful and slow process of real nuclear disarmament. The nuclear energy thus released from weapons could be diverted towards peaceful uses for the benefit of mankind--not to mention the billions spent in producing and maintaining that arsenal. 171. As I said, this session is not being adjourned but suspended. It is my fervent hope that before it is finally closed there will be agreement in at least three important areas. First of all, with regard to global negotiations, the Assembly, to my regret, is not yet ready to reach agreement. Like my predecessor, I have found the lion's share of my time and preoccupations taken up by that item on our agenda, and I think we were and still are close to reaching a consensus on launching global negotiations. 172. It is my assessment that there is the political will to begin a productive process of global negotiations. There is agreement that this process must emanate from a universal forum-the United ~ations, which must play the central role. There is agreement, too, that the negotiations can go forward only on the basis of a consensus among parties. In addition, there is agreement that full use should be made of the specialized forums for these negotiations. However, there remains some concern that the competence, functions and powers of such forums should be adequately protected. 173. For various reasons, there was not a sufficient meeting of minds to enable us to adopt a resolution which would launch.the process of global negotiations. It is my expectation that, as agreed by the Assembly this morning, informal consultations among Member States will be pursued with a sense of urgency in order to reach a final consensus on the launching of global negotiations during the next few weeks. We must not again disappoint the 174. On the subject of Namibia, we see here and there flickers of hope, however faint, that efforts might lead to a breakthrough with regard to the implementation of Security Council resolution 435 (1978). I am sure it is the wish of all members of the Assembly that the Government of South Africa will be persuaded to remove the obstacles it has placed in the path of the implementation of that resolution, which represented and continues to represer:t the collective will of the international community and 'he United Nations. 175. Regarding the law of the sea, I personally feel more confident that the coming months will produce a final act of concluding agreement in this most vital area. If there is one subject which cannot and should not wait any longer for a solution, it is the law of the sea. I feel confident that before the thirty-seventh session of the Assembly we shall witness the signing of the Convention, which will be hailed as one of the most important landmarks in the history of the United Nations.

I now call on the Secretary- General. 177. The 'SECRETARY-GENERAL: Mr. President, I deeply appreciate the generous words you have just spoken about me. I am most grateful to you and deeply touched. 178. I should also like to thank Mr. Klestil most sincerely for the very kind remarks he addressed to me. 179. Since this is the last time I shall sit in this chair at ~ r.leeting of the General Assembly, I should like to take d~e opportunity to say a few words in return. 181. I do not wish to add to what I said in the Assembly at the 98th meeting. Let me merely say once again how greatly I have appreciated the opportunity to serve the United Nations as Secretary-General and how much I have valued and shall value all the friendship and co-operation I have received during my time here. 182. I wish you, Mr. President, and all the representatives of Member States here assembled, all possible success in the future. 183. May I conclude by expressing my faith in the Organization and my continued support, in any way that I can usefully give it, to the promotion and strengthening of the work of this great Organization, the United Nations.

I declare the thirty-sixth session of the General Assembly hereby suspended. The meeting rose at 7./5 p.m. NarES I The delegation of Cuba subsequently infonned the Secretariat that it had intended to abstain in the vote on the draft resolution; the delegation of Fiji that it had intended to vote in favour. ~ The delegations of Saint Lucia and Somalia subsequently infonned the Secretariat that they had intended to vote in favour of the draft resolution.