A/39/PV.93 General Assembly

The General Assembly has just taken an important decision in adopting this Convention, which crowns the success ofseven years ofhard work. I wish to congratulate all concerned, on the constructive and co-operative spirit in which they approached this task. The Convention represents a major step towards creating a more humane world and I am especially pleased that the Assembly has taken this decision on this day, the thirty-sixth anniversary ofthe adoption ofthe Universal Declara- tion of Human Rights, 7. I shall now call on those representatives who wish to explain their position on this resolution. 8. Mr. HAMER (Netherlands)~ My delegation had asked to explain its position on the Convention against Torture and Other Cruel, Inhuman or De- grading Treatment or Punishment. We have listened with·attention to your words, Mr. President, and we concur. We are extremely pleased that this resolution has been adopted by consensus. I will not use the opportunity to say more or to explain our position. 9. Mr. FERM (Sweden): The Governments of the five Nordic countries, Denmark, Finland, Iceland, Norway and my own country, Sweden, are highly gratified at the unanimous adoption of the Conven- tion against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 10. The fact that the Assembly has taken :this important decision on Human Rights Day, the tbiny- sixth anniversary of the adoption of the Universal Declaration of Human Rights, reminds us of the significant progress made by the United Nations in the standard-setting field. The Nordic countries hope that the unanimous adoption ofthis Convention will contribute to eliminating once and for all this scourge which has continued to plague mankind despite the international ban. ~. 1. Ever since Sweden, in 1977, took the initiative to elaborate the Convention, the Nordic countries have been closely associated with this work. The road towards the Convention has been long and some- times difficult. It is important now that the Conven- tion enter into force as early as possible and that it be made effective by truly universal adherence. 12. I have the honour and pleasure to announce that the Nordic countries will sign the Convention as soon as it is opened for signature and take steps towards early ratification. 13. Mr. OOMEZ-OOMEZ (Colorr,.bia) (interpreta- tion from Spanish): The effort made by the Third Committee to prepare, consider and agree on the text of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment must be applauded in the General Assembly. This has been given final approval today, for the benefit of all peoples, on a particularly important date, since it thi~ world parliall.u~nt,!he universal Orgapization in 20. In order to preserve and to contribute to the which we are partIcIpatmg, must ~e an ,,!n~nterrupted preservation of human rights in their entire ran~e, it strugpe and there must b~ c~nstant vI~lance. The is necessary to take into consideration how national task IS.to epsure that the dignIty of man IS respected juridical systems guarantee them in the framework a~d his ~ghts protecte~ so t~at he. can. expr:ess established for this purpose. We must encourage the h~mselfWIthout f~ar or. ~sk to his phySIcal mtegnty, reform ofpolitical and social institutions. They must eIther or~y or In .~nt1Dg. ~e.should be able to be modernized, they must be broadened and they express hIS own pohtICal conv~ctIons and he should must be extended to various sectors which have b~ abl~.to expre~s ~hat he ba~Ic!illy needs and what different views so that there can be pluralism en- his sp~ntual aSpIratIOns ar~ wIt~m ~he framework of abling tne participation ofminorities in political life, estabhshed law guaranteemg hiS rIghts. of opposing forces, since unanimity is not possible 18. Today, peace, which is the undeniable contribu- amon~ human beings. Without freedom of political tion that the United Nations has made, is a great orgamzation of parties, without trade union organi- force with tremendous power, and it must be used in zations and without State statutes guaranteeing par- order to ensure that peace and anti-violence will be ticipation and suffrage among all sectors, it will not given the importance that war and violence have, be possible to consolidate the democratic structure of been accorded in tbe past. In some parts ef the world a nation. In view of the violence, we have to attack violence is causing grave suffering to peoples, de- two so~rces, and this is the lofty purpose of the stroying their wealth, paralysing productive activity, United Nations, its committees and its various requiring the manufacture of subversive arms and representatives. Here they can continue to contribute controlling vast economic and financial resources to eliminate the various causes of violence in order to which could be used to solve the crushing problems protect the human ri~ts of all inhab.itants of any of peoples. These are solutions that mankind has given country. Mediation must be pursued in politI- needed since its beginning because man, either cal action and in a productive dialogue which will isolated individually or as part of society, has always narrow differences among men. Enough can never be had shortcomin~,and this has meant that there are done to ensure that the electoral process will prevail needs that reqUIre solutions. Since the most ancient so that legality will prevail in resolving antagonism in times, we have seen that there must be an individual society-and there will be antagonism as long as man with his own aspirations but who is also part of the lives on earth. We must evince these values so that social nucleus.' The success of these solutions will we shall not be prisoners of our dogmatism and so ensure that Governments are effective ana that their that we shall be ready to accept having our conflicts prestige will be greater-because they must be Gov- settled by means of mediation. esta~lished in a given geographica! re~ion, the Unite.d 32. Mr. RUIZ CABAN'AS (Mexico) (interpretation Natlon~ shou~d now reneYf Its faIth In man ~nd hIS from Spanish): Pursuant to the Convention against pla~e. ID socIety, and hIS moral, economIc and Torture and Other Cruel, Inhuman or Degrading Jundlcal status as well. Treatment or Punishment, just adopted by the 25. Mr. SCHIFrER (United States of America): General Assembly, it is a pleasure for me to inform Thirty-six years ago today, the General Assembly the Assembly that the Secretary of Foreign Relations proclaimed, in article 5 ofthe Universal Declaration ofMexico, in the course ofhis appearance before the of Human Rights, that "No one shall be subjected to Senate on 27 November 1984, stated, in response to torture or to cruel, inhuman or degrading treatment a specific question, that Mexico supports the Con- or punishment". This clear statement has since been vention .against torture ~\ . . not only because it repeated and amplified in numerous international appears in the text ofour Constitution itself, but also documents, including the Declaration on the Protec- because it signifies elemental respect for human tion of All Persons from Being Subjected to Torture rights and for the freedom, dignity and integrity of and Other Cruel, Inhuman or Degrading Treatment mankind". Moreover, he stated: or Punishment of9 December 1975 [resolution 3452 "All of us consider that it is indispensable and (XXX), annex]. These international i~struments have necessary for harmonious coexistence of mankind served an important function in the struggle against for there to be complete respect for human ri,tbts torture by establishing the standard against which we and fundamental freedoms. Mexico,. whiclt has can measure the behaviour ofGovernments and their been an energetic advocate of these cauSes' of officials. human rights and fundamental freedoms jii. inter- 26. From a legal and historical perspective, the national forums, does bear the commitment of process of standard~setting in this field must be ensuring that, both domestically and ~ternally, counted as a significant achievement. It is no longer elemental respect for fundamental free,tfoms and acceptable, in the eyes of the international commu- human rights must exist.'" nity, for a Government to claim that the way it treats 33. Mr. YAKOVLEV (Union of Soviet Socialist its own citizens is solely an internal matter if the Republics) (interpretation from Russian): On Human treatment in question violates the provisions of Rights Day, which we are celebrating today, the international instruments which set human rights General Assembly has adopted the Convention standards. The States Members of the United Na- against Torture and Other Cruel, Inhuman or De- tions can be justly proud ofthis positive evolution in grading Treatment or Punishment. This Day is international opimon, launched so dramatically by marked by the adoption ofa Convention, as well as the adoption ofthe Universal Declaration ofHuman by the adoption, on the initiative of the Third Rights. But the mere setting of standards, as we all Committee, of a number of important decisions know, is not enough. guaranteeing the right ofpeoples and ofeach individ- 27. There is ample evidence ofa wide gulf between ual to life, the ri~t to fi~t against a State policy of lofty words and the unacceptable practices which f}partheifl and ~aclsm, whIch h~s been decla~d an continue unabated in many parts of the world. One Il'!ternat!ona~1 ~nme, and expressmg condemnatIon of of the most flagrant continumg violations of human dlc~atorlal regImes a1!d enc~urageme~t ofthe.struggle rights is torture, a crude violation of eve~hingthat agamst the neo-Na21 practIces and 3deologles. we understand by the word "human". As long as it 34. In marking this day, the United Nations has persists, further steps are needed to translate our undertaken new efforts to oppose the most intolera- words into action to eliminate this abhorrent prac- ble, flagrant and massive violations of fundamental tice. human rights and freedoms which are directly linked 28. Therefore, the United States was pleased to join with· the imperialist policy of enslavement, racism the consensus on the Convention against Torture and and lawlessness. Other Cruel, Inhuman or Degrading Treatment or 35. On the eve of the fortieth anniversary of the Punishment which we have just adopted. The Con- ~ict()ry over Hitlerite fascism, the peoples of the vention is the product of seven years of ardUOUS world well remember the Nazi Jails, gas chambers

The Assembly will proceed first to the election of 15 members of the Industrial Development Board to replace those members whose term of office expires on 31 December 1984. 39. The 15 outgoing members are: Australia, China, Germany, Federal Republic of, Iraq, Lesotho, libe- ria, Malaysia, Mexico, Panama, Sierra Leone, Spain, Turkey, the Ukrainian Soviet Socialist Republic, the United Kingdom of Great Britain and Northern Ireland and Venezuela. Those members are eligible for immediate re-election. 40. I should like to remind delegations that after 1 January 1985 the following States will still be mem- bers of the Industrial Development Board: Argenti~ na, Austria, Belgium, Brazil, Bulgaria, Chad, Chile, Democratic Yemen, Finland, France, Ghana, Hun- gary, India, Indonesia, Italy, Japan,. the Libyan Arab Jamahiriya, Malawi, the Netherlands, Norway, Pak- istan, Peru, Romania, Rwanda, Sudan, Switzerland, Uganda, the Union ofSoviet Socialist Republics, the United Arab Emirates and the United States of America. Those 30 States are therefore not eligible for election. 41." Under rule 92 of the General Assembly rules of procedure, all elections must be held by secret ballot and there shall be no nominations. May I, however, recall paragraph !6 of General Assembly decision 34/401, whereby "The practice ofdispensing with the secret ballot for elections to subsidiary organs when the number ofcandidates corresponds to the number of seats to be filled should become stan- dard . . . unless a delegation specifically requests a vote on a given election." 42. In the absence of such a request, may I take it that the Assembly decides to proceed to the election on that basis? It was so decided. 43. The PRESIDENT: I shall now read the names of the ~andidateswhich have been endorsed by their respectIVe groups. 44. For six seats from list A: China, Iraq, Ivory Coast, Lesotho, the Philippines and Sierra Leone; for five seats from list B: Australia, the Federal Republic ofGermany, Spain, Turkey and the United Kingdom of Great Britain and Northern Ireland; for one seat from list D: Czechoslovakia. 45. Since the number of candidates endorsed by groups A, Band D corresponds to tl1e number of seats to be filled in those groups, I declare those candidate~ elected members of the Industrial Devel- opment Board for a three-year term beginning on 1 January 1985. 46. I call on the representative of Suriname as Chairman of the Group of Latin American States. 47. Mr. GUDA (Suriname): I should like to/inform the Assembly that Nicaragua has withdrawn and that the Latin American Group therefore endorses the Sp~iI!, Thailand, the United Kin~dom of ~re2t 58. T~e 12 retiri~g membe.rs are Botswa~a, Cana- Bntam and Northern Ireland, the UnIted RepublIc of da, Chma, ColombIa, GambIa, Greece, IndIa, Mexi- Tanzania and Uruguay. Those members are eligible co, Thailand, the United Republic of Tanzania, the for immediate re-election. United States of America and Yugoslavia. 52. I should like to re!Dind memb.ers ~hat after! 59. The roUowing States have been nominated by January 1985 the followmg States will stdl be mem- the Economic and Social Council: three African bers of. the Goyerning. Council: .Algeria, Argenti!la, States for three vacancies: the Ivory Coast, Kenya Australia, Austna, Belgium, Brazil, Cameroon, ChIle, and Zambia' three Asian State~ for three vacancies: China, .F-inland, France, Ge~any, Federal Republic China, Sri Lanka and Thailand; three Latin Ameri- of, Haiti, Hungary, IndoneSIa, Italy, ~"lOry Coast, can ~~,,:: for two vacancies: Brazil, Colombia and Japan, Kuwait, Lesotho, Malaysia, Nep..:;i~ Nigeria, Mexico; one Socialist State ofEastern Europe,for one Norway, Papu~ New 9uinea, Peru, the ~hiHppines, vacancy-Bulgaria; threeWestem European or other Rwal!d!l, Saud~ Arabl~, .Sudan, T~go, .ui~~md.a, the States tor three vacancies: Canada, Turkey and the Ukrainian SovIet SocIalIst RepublIc, tne Union of United States of America. ' Sovie! Socialist Republics, t~e United. States of 60. I call on the representative of Colombia. Amenca, Venezuela, YugoslaVIa and ZaIre. There- '" P7 ,..A • . fore those 38 States are not eligible for election. 6.1. Mr. G(I~EL-UVMEZ (ColombIa) (mterpreta- tlonjrom Spanzsh): Two months ago we mformed the 53. .Under rule 92 of the rules of procedure, all Economic and Social Council of the withdrawal of electIOns ~ust ~e held by secret ballot and there shall Colombia's candidature in this election. be no nommatlons. May I, however, recall paragraph . 16 of General Assembly decision 34/40:, which has 6.2. The PRESIDE~: I have to Inform represent~~ been reproduced as annex VI to the rules of proce- tlves .that the C!talrman of the Group of Latm dure, whereby "The practice of dispensing with the ~~enC2n States, m a letter ~ated 22 October.1984, secret ballot for elections to subsidiary organs when IDfo~ed me ~hat the candIdatures of Brazil and the number ofcandidates corresponds to the number MeXICO have smce been end~rsed by that group for of seats to be filled should become stan- the t~o seats allocated to !t on the World Food dard . . . unless a delegation specifically requests a Council, and meml?ers have Just h.eard the statement vote on a given election". In the absence of such a by the representative of ColombIa. request, may I take it that the Assembly decides to 63. In accordance with paragraph 16 of General proceed to the election on that basis? Assembly decision 34/401, the Assembly may dis- It was so decided.' pens~ with balloting when the nUJ!lber .of States 54. The PRESIDENT: I should like to announce nommated from among the .groups IS equal to the that the Chairmen of the regional groups have number of seats a~located to each of those groups. informed me of the following candidatures which 6~. May I take. It, therefore, that the Assembly have been endorsed by their respective groups: for six WIshes to declare th~se States elected members.of!he seats from Africa: Botswana, Ghana, Kenya, the World Food CounCil for a three-year term begmnmg Libyan Arab JamahiriyaJ Niger and Tunisil!.; for four 1 January 1985? seats from Asia: India, Jordan, Oman and Sri Lanka; Brazil, Bulgaria, Canada. China, Ivory Coast, for two seats from Eastern .. Europe: Bulgaria and Kenya. Mexico, Sri Lanka. Thailand, Turke>,-. the Poland; for four seats from Latin America: Colom· United States ofAmerica ant:! Zambia were elected

I invite members, of the Assembly to tun.l to the note by the Secretary-Gener- ( l .R~u~ from the 3rd ~tinJ. 83~ The PRRSIDENT: ! call en the representative of the United States, who wishes to explain its position. 84. Mr. KEYES (United States of America): My delegation simply wishes testate that· we have acquiesced in the appointment proposed by the Secretary-General in his note in the interest of an expeditious transition of the United Nations Indus- trial Development Organization into a specialized agency, and we hope that this process of transition will proceed to a conclusion with the briefest possible delay. However, our acquiescence should in no way be taken as prejudicing our choice of the permanent Executive Director of the United Nations Industrial Development Organization once that transition is concluded. 85. The PRESIDENT: The Assembly will now turn its attention to agenda item 17 (k). 86. In his note relating to the confirmation of the appointment of the Executive Director of the United Nations Special Fund for Land-locked Developing Countries [A/39/798], the Secretary-General states that he is not submitting an appointment for confir- mation by the General Assembly. May I take it that the General Assembly decides to take note of the information contained in the note by the Secretary- General? It was so decided (decision 39/316).

I now call on the Secretary.. General of the Asian-African Legal Consultative Committee, Mr. B. Sen, in accordance with General Assembly resolution 35/2 of 13 October 1980. 88. Mr. SEN (Secretary-General of the Asian-Afri- can Legal Consultative Committee): Sir, please allow me, on behalf of the Asian-African ~al Consulta- tive Committee, to offer our warmest felicitations to you on your election to the high office oCPresident of the General Assembly. We are fully aware of the outstanding role ofyour country in the cause ofAfro- Asian solidarity and the leadership you have yourself provided in the efforts of the United Nations in so many areas, particularly in the struggle against apartheid. 89. It is barely three years since the General Assembly, by its resolution 36/38, adopted on the occasion of the commemoratiofi of the twenty-fifth anraiversary of the Asian-African Legal Consultative Committee, requested the Secretary-General of the United Nations to carry out consultations with the Secretary-General ofthe Asian-African LegalC-ontul- 95~ We have felt in the course of our~study on the ofensuring long-term ~tability in the w<?rld economic economic, scientific and technical co-operation in the sistem .and a~celeratlng the econ~mlc gr9wt~ of use of the Indian Ocean, which we undertook at' developmg natIons. At the same ~Ime, takln~ Int.o the initiative ofthe Government ofSri Lanka, that if a~unt that the process of ~nomlcco-operat.lon IS the programmes undertaken or proposed to be under- !1elther an abstra~t n~r a StatiC concept, refl~tlDg as taken by the various United Nations agencies could It must t~ grOWlDg Interdependence of ~atlons, we be properly co-ordinated with the needed support have felt It necessary to embark on certam areas of and inputs by Governments, a great deal of progress work that,could promote, encourage and strengthen could be expected towards optimum utilization of that ongoIng process. '. such resources. There might stili be some areas which 98. Recognizing the fact that any fonn of co-opera- would need to be tackled through regional co-opera- tion in the economic field must necessarily depend tion or national efforts, but the areas where such on the mutual interests of nations, whether devel- efforts would be productive could best be identified oped or developing, we consider it important to bring after due appreciation of the plans and programmes about sufficient awareness of the need for adoption undertaken by the United Nations agencies them- of new strategies for the 19808 which could promote selves. I am happy to be able to report that our a concept of partnership between the North and the process of thinking has already found some support,. Sou!h, as well as between the cO!!Dtries of the' South and we have had the benefit ofconsultations with the ir.ffr se-a partnership that would be equitable and United Nations offices and agencies concerned at an beneficial·to both sides and that could relate to the NOTES ·United Nations. Treaty Series. vol. 75, Nos. 970-973.