A/39/PV.99 General Assembly

Thursday, Dec. 13, 1984 — Session 39, Meeting 99 — New York — UN Document ↗

TJ.!IkTY-N1NTH SESSION
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136.  Draft Body of Principles for the Protection of All Penons under Any Form of Detention or Imprisonment 514. Mr. GONEY (Turkey), Rapporteur of the Sixth Committee (interpretation from French): It is an honour for me to present to the General Assembly the reports of the Sixth Committee on agenda items 120to 137, representing the outcome ofthe Commit- tee's work during this session. 515. The report of the Sixth Committee on agenda item 120 will be found in document AJ391770. In the draft resolution under this item, contained in para- graph 9 of the report, which was adopted by the Committee by 92 votes to none, with 16 abstentions, the Assembly expresses gratitude to the United Nations Institute for Training and Research for the completion of its analytical study on the progressive development of the principles and norms of intern&- tionallaw relating to the new international economic order [A/39/504/Add.l, annex IIl]and urges Mem- ber States to submit not later than 30 June 1985 their views and comments with respect to that study. 516. In connection with agenda item 121, I draw the attention of the Assembly to the report of the Sixth Committee in document A/391771 and to the draft resolution contained in paragraph 8 of that report. That draft resolution was adopted by the Committee by 92 votes to 10, with 17 abstentions. Among other things, States that have not done so, in particular those which are hosts to international organizations or to conferences, are urged in the draft resolution to consider the question of ratifying the Vienna Convention of the Representation of States in Their Relations with International Organizations of a Universal Character, and the States ~oncernec;l are called on to accord to the delegations of the national liberation movements recognized by the Organizatk,~ofAfrican Unity and/or by the League of Arab States, and which are accorded observer status by international organizations, the facilities, privileges and immunities necessary for the perform- ance of their functions. By the terms of the draft resolution, this question will come before the Assem- bly again in 1986. 517. That brings me to agenda item 122. The Sixth Committee's report on this item is contained in document A/391772. The Committee adopted with- out a vote the draft resolution contained in para- graph 8 thereof. By the terms of the draft resolution, the Assembly would again call on all States, as it did in resolutions 34/51 and 37/116, to consider at the earliest possible date the matter of ratifying the two Protocols Additiona12 to the Geneva Conventions of 1949; it would also decide to include this item in the agenda of its forty-first session. 518. In connection with agenda item 123, the Sixth Committee's report is contained in document A/391773. The draft resolution contained in para- graph 8 ofthe report was adopted by the Committee without a vote. By the terms of the draft resolution, the General Assembly-after reaffirming that good- neighbourliness fully conforms with the purposes of the United Nations and calling upon States, in the interest of the maintenance of international peace and security, to develop good-neighbourly rela- tions-would decide to proceed with the task of identifying and clarifying the elements of good- (~f the Orgauization to continue its work on the the security and safety ofsuch missions and represen- question of the peaceful settlement of disputes be- tatives. tween States, and request the Secretary-General to 525. By the same draft resolution, the Assembly, prepare a draft handbook OIl the peaceful settlement desiring to maintain and further strengthen the of disputes between States. reporting procedures, would also request States to 520. May I now ask the members of the Assembly continue the procedures established by earlier resolu- to turn to document Al391775, containing the Sixth tions. Committee's report on agenda item 125. The draft 526. The report ofthe Sixth Committee with regard resolution contamed in paragraph 9 ofthe report and to agenda item 129 is contained in document recommended for adoption by the Assembly was A/391777. Paragraph 11 of the report contains the adopted by the Committee by a recorded vote of 96 draft resolution adopted by consensus by the Sixth to none, with 16 abstentions. By the terms of the Committee. In the wording of operative paragraph 2 draft resolution, the Assembly would request the ofthe draft resolution, the Assembly would decide to International Law Commission to continue its work renew the mandate of the Ad Hoc Committee on the on the elaboration of the draft Code of Offences Drafting of an International Convention against the against the Peace and Security of Mankind by Recruitment, Use, Financing and Training of Mer- elaborating an introduction as well as a list of the cenaries to enable it to continue its work on that offences; and would request the Secretary-Geneml to projected convention. According to operative para- seek tho views of Member States and intergovern- graph 8, the Ad Hoc Committee would hold its fifth mental organizations regarding the conclusions con- session from 8 April to 3 May 1985. tained in t"e report of the International Law Com- mission on the work of its thirty-sixth session [see 527. I now turn to the report of the Sixth Commit- A/39/l0, chap. 11, para. 65]. tee on a$enda item 130 [A/39/778/Rev.l], paragraph 6 of whIch contains the draft resolution which was 521. That brings me to the Sixth Committee's adopted by the Committee by consensus. By the report on agenda item 126 [A/39/776]. By the terms terms of the draft resolution, the Assembly would, of the draft resolution contained in paragraph ! 1 of inter alia, recommend that the International Law the report, which the Sixth Committee adopted by a Commission should continue its work on all the recorded vote of 80 to 16, with 11 abstentions, the topics in its current programme. Assembly would, inter alia, decide that the Special Committee on Enhancing the Effectiveness of the 528. I now invite the Assembly to turn to the report Principle of Non-Use of Force in International of the Sixth Committee on agenda item 131 Relations should continue its work at its session to be [A/39/779]. The Committee adopted by consensus held in 1985 with the goal of drafting, at the earliest the draft resolution contained in paragraph 9 of the possible date, a world treaty on the non-use of force report. By the terms of the draft resolution, the In international relations as well as the peaceful General Assembly would, inter alia, note with appre- settlement of disputes, or such other recol'ninenda- ciation that an invitation has been extended by the tions as the Special Committee might deem appropri- Government· of Austria to hold the Conference on ate. As is indicated in paragraph 10 ofthe report, the the Law of Treaties between States and International Special Committee will hold its session from' 28 Organizations or between International Organiza. Jal"'ary to 22 February 1985. tions at Vienna and would decide that the Confer- ence shall be held there from 18 February to 21 522. In connection with agenda item 127, the Sixth March 1986. By the draft resolution, the Assembly Committee's report is contained in document Id 1 . . . h C C Al39/698. The draft resolution in paragraph 6 of the wou appea to partIcIpants m t e on.erence to organize, prior to the convening of the Conference, report, which the Committee adopted by consensus, consultations primarily on the organization and contains a number of guidelines for the United methods of work, and would decide to include in the Nations Commission on International Trade Law provisional agenda of its fortieth session an item and confirms its mandate. entitled "Preparation for the United Nations Confer- 523. I turn now to the report of the Sixth Commit- ence On the Law of Treaties between States and tee on agenda item 128 [A/39/722]. The Committee International Organizations or between International adopted without a vote the draft resolution contained Organizations". in paragraph 7 of the report. 529. I now turn to the report of the Sixth Commit- 524. After having strongly condemned acts of via- tee on agenda item 132 [A/39/780). Paragraph 7 of lence against diplomatic and consular missions and the report contains a draft resolution which was represenfatives,as well as against missions -and adopted by consensus by the Committee, by which, ~:fi~~e:~~ofa:b~oti~c~~:~tJ~~;h~~dse~~~~ de~I:J::t:z~~ :~:Jtl::S~/tet;pcn;::~J[(:s~~t~c~~::;ft by draft resolution B, the conclusions of the Special tee. Committee on the rationalization of the procedures 537. The PRESIDENT: Statements will be limited of the General Assembly would be approved. to explanations of vote. The positions of delegations 531. I turn now to the report of the Sixth Commit- regarding the various recommendations of the Sixth tee on agenda item 134 [A/39/782]. By the terms of Committee have been made clear in the Committee the draft resolution contained in paragraph 8 of the and are reflected in the relevant official records. report, which the Committee adopted without a vote, 538. May I remind members that, in paragraph 7 of the Assembly would, inter alia, appeal to ~,,1ember its decision 34/401, the General Assembly decided States representing different legal systems to uuder- that, when the same draft resolution is considered in take consultations on the draft Declaration on Social a Main Committee and in plenary meeting, a delega- and Legal Principles relating to the Protection and tion should, [.' far as possible, explain its vote only Welfare ofChildren, with Special Reference to Foster once: that is, either in the Committee or in plenary Placement and Adoption Nationally and intemation- meeting, unless that delegation's vote in the plenary ally, with a view to finding out the extent to which meeting is different from its vote in the Committee. they would join in the common endeavour of com- May I also remind members that, in accordance with pleting the work on the draft Declaration and would deCision 34/401, explanations of vote are limited to decide that this item would come before the Assem- 10 minutes and should be made by delegations from bly again at its forty-first session. their seats. 532. In connection with the report of the Sixth 539. We turn now to the report of the Sixth Committee on agenda item 135 [A/39/783], I draw Committee on agenda item 120 [A/39/770]. Are the Assembly's attention to parap-aph 8 ofthe report, there any explanations of vote before the yoting? which contains the draft resolution recommended to There being none, the General Assembly Will now the Assembly for adoption and which was adopted by take a decision on the draft resolution entitled the Committee by III votes to none, with 13 "Progressive development of the principles' and abstentions. Among other provisions, the Assembly norms of international law relating to the new would take note of the report of the Working Group international economic order", recommended' by the on the Review of the Multilateral Treaty-Making Committee in paragraph 9 of its report. A recorded Process, together with its final document thereon vote has been requested. [A/C.6/39/L.12, annex], recommended to all States ,..I d lee considering the initiation of a multilateral treaty A recorue vote was la Tl. within the framework of the United Nations to give Infavour: Afghanistan, Algeria, Angola, Argentina, consideration to the procedures set out in the final Austria, Bahamas, Bahrain, Bangladesh, Barbados, document. Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei . f h Darussalam, Bulgaria, Burkina Faso, Burma, Burun- 533. In this connection, I draw the attentIOn 0 t e di, Byelorussiari Soviet Socialist Republic, Came- members of the Assembly to the fact that, as the Ca d Ch d Ch·1 Ch· C I b· report of the Working Group on the Review of the roon, pe Ver e, a, 1 e, . ma, 0 om la, M It·1 t al T t Makin Proce"'s was reproduced C ",ngo, Costa Rica, Cuba, Cyprus, Czechoslovakia, u 1 a er rea v- ~ ~ D· Ka h D t· Y D·· in limited quantitles, it wIll be reissued for g.eneral emocratlc mpuc ea, emocra IC emen, ~l- II b bouti, Dominican Republic, Ecuador, Egypt, El Sal- distribution as document A/C.6/39/8 and WI e- vador, Ethiopia, Fiji, Finland, Gabon, German come an integral part of the official records of the Democratic Republic, Ghana, Greece, Guatemala, thirty-ninth session of the General Assembly, so that Guinea, Guyana, Haiti, Honduras, Hungary, India, it can remain easily and widely accessible in the years Indonesia, Iran (Islamic Republic 01), Iraq, Ivory to come. Coast, Jamaica, Jordan, Kenya, Kuwait, LaoPeople's 534. The report of the Sixth Committee on agenda Democratic Republic, Lebanon, Lesotho, Liberia, item 136 is contained in document A/391784. The Libyan Arab Jamahiriya, Luxembourg, Madagascar, Committee adopted without a vote the draft decision Malawi, Malaysia, Maldives, Mali, Mauritania, Mau- contained in parapph 9 of the report, aimed ritius, Mexico, Mongolia, Morocco, Mozambique, basically at extendIng the arrangements made at Nepal, Netherlands, Nicaragua, Niger, Nigeria, earlier sessions for the final preparation of the draft Oman, Pakistan, Panama, Papua New Guinea, Para- Body of Principles for the Protection of All Persons guay, Peru, Philippines, Poland, Qatar, Romania, under Any Form of Detention or Imprisonment. Rwanda, Sao Tome and Principe, Saudi Arabia, 535. The report of the Sixth Committee on agenda Senegal, Sierra Leone, Singapore, Somalia, Spain, Sri item 137 ig contained in document A/39J785. The Lanka, Sudan, Suriname, Syrian Arab· Republic, land,.T~go, Tr~mdad.a~d Tobago~ Tum~la, Ugan~a, well as international civil servants make it impera- Uk~al~Jan SOVle! Soclal.lst Repubhc, ~mon of SovIet tive that we not only mourn the terrible losses, but Soclahs,t Repu.bhcs, Umted Arab EmIrates, .Urugu.ay, join together to prevent the recurrence ofsuch tragic, Venez}Jela, Vlet Nam, Yemen, YugoslaVIa, ZaIre, outrageous murders. The least wc could do tonight Zambia. was to adopt the resolution before us by consensus Against: Belgium, Canada, Denmark, France, Ice- and ensure that each and every Member State co- land, Israel, Italy, Japan, Luxembourg, Netherlands, operate with one another and with the Secretary- Norway, Portugal, Spain, United Kingdom of Great General to combat such attacks. Britaip and Northern Ireland, United States of 553. All acts of terrorism are appalling. At the Amenca. human and moral levels, attacks against diplomats Abstaining: Australia, Austria, Brazil, Germany, are no more appalling than any other acts of terror- Federal Republic of, Ireland, Ivory Coast, New ism against persons, but they may be more dangerous Zealand, Paraguay, Sweden, Turkey. to peace. Diplomats and international civil servants .The draft resolution was adopted by 111 votes to 15, are the means py wh~ch States communicate wi!h WIth 10 abstentions (resolution 39/81). each other. Senous dIfferences between States wdl 546. The PRESIDENT: We turn next to the report contin\}e ~o exist, and attacks ,?n diplomat~ strike at of the Sixth Committee on agenda item 127 our pnnclpal means of resolvmg those differences. [A/39/6981. The Assembly will now take a decision 554. The United States believes that the United on the draft resolution entItled "Report of the United Nations should take determined action against ter- Nations Commission on International Trade Law", rorism. We can think of no better place to start than recommended by the Committee in paragraph 6 of with the protection of diplomats. All nations surely its report. The Committee adopted that draft resolu- desire the protection of their officials. tic;>n by consensus. May I take it that the Assembly 555. In the past, the United Nations has adopted WIshes to do the same? . treaties and resolutions condemning and outlawing The draft resolution was adopted (resolution 39/82). hijacking and other acts of terrorism against interna- 547. The. PRESIDENT: We turn now to the report tional civil avi~tion. The Uni~ed Natio~s.t~as also of the SIxth Committee on agenda item 128 apI!roved treaties and resolut.lOns prohlbltmg. the [A/39/722]. The Assembly will now take a decision takmg of hostag~s and outlawmg attaclcs on dlplo- on the draft resolution entitled "Consideration of mats. We have stIll not done enough, yet we can and effective measures to enhance the protection, security we must honour these treaties in full. and safety of diplomatic and consular missions and 556. The resolution we have adopted today by representatives", recommended by the Committee in consensus should serve notice that the nations meet- paragraph 7 of its report. The Committee adopted ing here in organized session do not condone and will

Vote: 39/418 Consensus

34.  Law of the Sea: Report of the Secretary-General

I call on the representative of the United Republic of Tanzania, who will introduce draft resolution A/39/L.35 and Add.l entitled "Law of the Sea". 322. Mr. HYERA (United Republic of Tanzania): The Assembly has before it draft resolution A/39/L.35 and Add.l, sponsored by 35 States. On behalfof the delegations of sponsoring States, I have the honour, for which I am grateful, to introduce the draft resolution. As usual, it is the product of exhaustive consultations among interested delega- tions. It is, of necessity, a compromise draft, which represents no more than a common denominator of many differing interests and does not, therefore, purport to meet all expectations. I wish, first, to thank all those delegations that took part in the negotiations on the draft resolution for their co- operation and spirit of accommodation. 323. This is the second year the General Assembly has had to address such a resolution, following the adoption at Montego Bay of the United Nations Convention on the Law of the Sea. The subject is, therefore, not new. Nor, in fact, are most of the contents of the draft resolution. 324. Paragraph 1 once more recalls the historic significance of the United Nations Convention on the Law of the Sea as an important contribution to the maintenance ofpeace, justice and progress for all peoples of the world. 325. Paragraph 2 expresses the satisfaction of the General Assembly at the very large number of signatures affixed to the Convention-something on which I shall have something to say shortly-as well as the number of ratifications deposited with the Secretary-General. 326. Now that the period when the Convention was opened for signature has expired, an appeal is being made to all States to ratify or accede to the Conven- tion at the earliest possible date so as to enable the Convention to enter into force as soon as possible. This appeal is reflected in paragraph 3, which calls upon all States that have not yet done so to consider ratifying or acceding to the Convention at the earliest possible date so as to allow the effective entry illtO force of the new legal regime for the uses of the sea and its resources. 327. Paragraph 4 calls upon all States to safeguard the unified character of the Convention and related resolutions adopted therewith. 328. Paragraph 5 calls upon States to desist from taking actions which undermine the Convention or defeat its object and purpose. This paragraph refets ~ppreciation for the report of the Secre!ary-General and development of the law of the sea, a man who, m respect to General Assembly resolution ?8/59 A unfortunately, passed away this year-Mr. Constan- an4 ~e.quests .~he Secreta.ry-Gene~al to cont~nue !he tin A. Stavropoulos, who was former Legal Counsel actIVities outlIned therem, speCIal emphaSIS .be~ng ofthe United Nations and the first Special Represen- placed on the ,,:ork of the Preparatory CommIssion tative ofthe Secretary-General for the Law ofthe Sea for the International Sea-Bed Authonty and for the before being succeeded by Mr Bernardo Zuleta who International Tribunal for the Law of the Sea, unfortunately passed away iast year " including the implementation of resolution 11 of the 36 ' . f' . . Third United Nations Conference on the Law of the 3.. The servIces 0 thiS em!nel!t lawyer, Constan- Sea. Resolution II deals with the protection of tm Stavrol?oulos,.to the OrgamzatIon, and to the Law preparatory investments in pioneer activities related ofthe Sea ~n partlc~lar, go back to the very ~a.rly days to polymetaUic nodules of the Umted Nations. He was a key participant m . the 1958 and 1960 Conferences on the UlW of the 331. Through paragraph 8, the General Assembly Sea, and since the United Nations decided to deal will approve the programme of meetings of the with issues of the sea-bed and to convene the Third Preparatory Commission for 1985. During 1985 the United Nations Conference on the Law ofthe Sea, he Preparatory Commission is scheduled to hold its had been leading the United Nations team that regular session at Kingston from 11 March to 4 April helped organize and service those meetings until his and to hold a summer meeting at Geneva or Kings- country, Greece, decided after the Caracas sessipil to ton or in New York. The venue of this meeting will charge him with responsibilities in his Goverpment. be decided upon by the Preparatory Commission His international stature makes it unnecessaryfor me during its spring session. to attempt to relate his well-known contributions to the United Nations. The United Nations C-onvention 332. raragraph? calls up~n the. Secretary-G~neral on the Law of the Sea will remain a lasting monu- to con..iiiue ~o aSSIst ~tates m the ImplementatIOn !lf ment to all its eminent architects, and Mr. Constan- the Convent.IOn and In the development of a C?D;SIS- tin Stavropoulos is certainly one of them. tent and umform approach to the new legal regime . . . ." thereunder, as well as in their national, subregional 3~7. I .belIeve I. am v~Icmg th~ sentiments of all and regional efforts towards the full realization ofthe fnends m the Third Um~ed NatIons Conference on benefits therefrom, and invites the agencies and the Law ofthe S~ by statmg t~at ~e have lost one of bodies within the United Nations system to co- the gr~at m~n In the Orgam~tlOn. I rC9uest the operate and lend assistance in these endeavours. This delegation ofGreece to transmit to the famIly ofMr. is an important responsibility ofthe Secretary-Gener- Stavr0I!0ulos and to the Government of Greece our ai, and becomes particularly significant as States expression of deep sorrow and sympathy. proceed to implement the Convention, especially in 338. The subject before the Assembly is of such relation to areas under national jurisdiction. It is momentous-indeed, critical-importance to hu- important that the Secretary-General should provide manity that I feel that we can never too often remind advice and assistance to States in order that State ourselves of what the Convention on the Law of the practice develop in a coherent and uniform manner Sea offers and what it means to mankind. consistent with the Convention. It is ~qually i~por- 339. The United Nations Convention on the Law of tant that States be ena~led to .denve maximum the Sea, worked ODt and adopted with the commit- benefit from the.Conventlon and.m~orpor!lte devel- ment and full sponsorship of the General Assembly op~ent of manne resources wIthm their overall pursuant to its responsibility set out in the Charter: national development programmes. has been rightly described as the second most historic 333. In paragraph 10, the General Assembly re- institution for internation8:1 peace ~d co-operat~on quests the Secretary-General to report to the General a~er the Charter of the Untted N~tlOns. For, dealing Assembly at its fortieth session on developments WIth the us~s of more t~an two thl.rds ofour planet's relating to the Convention and on the implementa- total area, It ad~resses Important Issues and pursues tion of the present resolution; and in paragraph 11, our own commitments under the Charter. the last one; the General Assembly decides to include 340. Let me quickly draw the attention of the this item on the agenda of its fortieth session. Assembly to some of the commitments and promises 346 M pIes Governing the Sea-Bed and the Ocean Floor, . r. MAQUEIRA (Chile) (interpretation from and the Subsoil Thereof, beyond .the Limits of Spanish): In my capacity as Chairman of the Group N' 1 J . d" [I 49( of 77 ofthe Preparatory Commission for the Interna- atlOna uns IctlOn reso ution 27 XXV)] came . al S d about, and was adopted by consensus, which pro- tIon ea-Be Authority, which meets at the head- vides that the sea-bed beyond the limits of national quarters of that Authority at Kingston, it is my .. d' t' . h h' f . honour to address the Assembly in connection with Juns IC Ion IS t e common entage 0 mankind. The agenda item 34, entitled "Law of the sea". concrete expression of this resolution is part XI of the Convention. Those same countries now want to 347.. We'have taken note with interest of the report disre~rd and, what is more serious, to deJW those submItted by the Secretary-General (A/39/647 and p,pnclples, using legal arguments that only serve to Corr.l and Add.I) in connection with activities conc~al a regrettable lack of political will. Commis!.~on has requested the first group of of the Sea. applicants to resolve as soon as possible conflicts 400. My delegation has examined with particular with respect to the overlapping of the areas interest the chapter concerning the proceedings and claimed." resvlts of the second session of the Preparatory 393. Paragraph 86 of the report is ambiguous in Commission of the International Sea-Bed Authority that it fails to specify, as had been done twice by the and the International Tribunal for the Law of the Chairman of the Preparatory Commission, that this Sea, which took place at Kingston from 19 March to understanding was not reached by the Preparatory 13 April 1984. Belgium carefully followed the work Commission but by the parties concerned, that is, ofthat session as an observer and, beginning with the once again to our knowledge, France, India, Japan next session of the Preparatory Commission, will and the Soviet Union. attend as a full-fledged member, since it has just 394. As to paragraph 83, it simply is not accurate, signed the Convention. because it is based on language used in the under- 401. As was indicated in the statement made at the standing in question that has not been endorsed, time of signature, Belgium whole-heartedly hopes directly or indirectly, by the Preparatory Commis- that the Preparatory Commission will succeed in sion and has not been the object of any decision by correcting the insufficiencies and imperfections still the Preparatory Commission. contained in certain provisions of part XI and 395. The very notion of a first group of applicants annexes 3 and 4 of the Convention. We have has not been used by the Preparatory Commission or expressed the hope that, to that end, the Preparatory by its Chairman, except with reference to thp. terms Commission will prepare rules, regulations and pro- of the understanding that waS reached by ihe four cedures for the purpose of, on the one hand, facilitat- States concerned. The only decision that the Prepara- ing the acceptance of the new regime by the interna- tory Commission itself took with respect to registra- tional community as a whole and, on the other, tion ofpioneer investors is contained in paragraph 14 making possible the real exploitation of the common of document LOSIPCNIL.13, and it is to "complete heritage of mankind for the benefit of all-and the consideration of the draft rules on pioneer especially the least developed countries. It is in that investors and adopt them". That is the only decision same constructive spirit that the Belgian delegation that was taken by the Preparatory Commission in will continue to participate in the meetings of the that regard. Both part I and part II ofthe understand- Preparatory Commission. ing that I mentioned earlier, therefore, reflect the 402. Guided by the same desire to contribute views ofthe parties to that understanding only and as constructively to the progress of the work of the such have no effect on other States. Preparatory Commission, my delegation associates 396. We are aware, ofcourse, that the report of the itselfwith what was just said by the representative of Secretary-General was prepared for information pur- Canada in regard to paragraphs 83 and 86 of the poses omy and, as I indicated earlier, it is a very Secretary-General's report. In fact, those paragraphs helpful document. It is clear also that the only contain language which lends itself to some ambigu- auth:- ~tative statements on the work of the Prepara- ity and which my delegation, regretfully, cannot tory Commission are those contained in the docu- support. The agreement on the settlement ofdisputes ments produced at its meetings. Nevertheless, given concluded between France, India, Japan and the the misperceptions that may have developed with Soviet Union did not culminate in a decision by the respect to the stage reached by the Preparatory Preparatory Commission. But we get a different Commission in its consideration ofthe registration of impression from paragraphs 83 and 86 of the report. pioneer investors, we thought it might be helpful to Mr.· Warioba, the Chairman of the Preparatory clarify the matter at this stage. Commission, confined himself to reading out the 397. Although we need not proceed from a sense of agreement, and the Commission was not called upon urgency, there is still a great deal of ground to be to take a stand on it. Hence, Belgium could not be covered and much work to do in the context of the considered to be a party to that agreement. My Preparatory Commission. We must address the is- Government feels that the question of the settlement sues adequately and com~rehensively. For its part, of disputes can be solved satisfactorily only by Canada will spare no effort in contributing to a agreements that include all the parties that could be 3uccessful outcome of its work. To a very great affected by overlappings or encroachments at a given extent, the future of the Convention depends on the site. success achieved by the Preparatory Commission. 403. Finally, I would repeat my Government's hope 398. Mr. SWINNEN (Belgium) (interpretation from that, ~eneral!y speaking, and in accordanc~ with the French): I wish first of all to reply to the criticisms prinCIple offinancial responsibility, sound budgetary Para~aph 86 states: "At the end of the Geneva resolution. meetmg the Chairman announced that an under- 414. My delegation would like to emphasize that standing had been reached on the procedure and on a the Provisional Understanding, being essentially an timetable for conflict resolution for the first group of a~reement to avoid conflicts arising from overlap- applicants." pIng claims to mining sites, does not contain in any gi~es a comparatively wid~ scope to compulsory 422. We have listened to statements in the present third-I?arty settle~ent. of .dlsput~s~ an as~ct that debate mentioning the Provisional Understanding Italy,.m co~formlty With Its tradition, conSiders of signed on 3 August by eight States, including Italy. In the highest Importance. some of those statements, the Provisional Under- 417. It is well known that Italy has considerable standing has been Qualified as illegal. It has also been difficulty with provisions of the Convention dealing said that it contains a new regime for the exploitation with deep sea-bed mining. These difficulties explain of the international sea-bed. our hesitatio~ before signing the Conventi9n~ Ev~n 423. My delegation, together with those ofBeiBium, though we thmk that the ?reparat~~ CommiSSion, m France, the Federal Republic ofGermany, Japau, the Who~e wor~ we have actively partlclpa!ed as ~bsery- Netherlands and the United Kingdom, is OIl record e~, IS making good progre~s~ these difficulties stdl with a firm rejection of those contentions, which are e?Us!. We s~ted them explICitly at the moment of not new. We wish to recall the statement made on slgnmg, as d~d ~ther States. We ~ere pleased to note behalf of these countries by the chairman of the that, when sl~mg the Convention on 7 D~~ember, Netherlands delegation at the Preparatory Commis- the representative or.th~ Eur~pean (:ommumtY made sion meeting pn 14 August 1984, which is reproduced a statement along Similar lines also. in document LOS/PCN/52. Repeating what was said 418. We have examined the Secretary-General's in that declaration, we wish to state firmly that there report on the law ofthe sea [A/39/647 and CO". I and is no single provision in the Provisional Understand- Ai/d.l] with great interest. We consider it a very ing that would make it illegal. Moreover, the Provi- useful and informative document, and we welcome sional Understanding does not provide for a new it. regime for the exploration and exploitation of the 419. One ofthe aspects ofthe report that strikes my int~rnation~l sea-bed as ~n alternative to that of the delegation as particularly interesting is that it puts in Untted N~t!ons ConventIOn ,?n tl!e Law of the Sea. perspective deep sea-bed mining vis-a-vis the other The Prov!slonal U.nderstandl!1g IS, essentially co~- sea-related activities. The picture one gathers from cerned With conflict resolu~lon,. a~d as" ~uch It the report is that of an extremely wide and complex ~rresponds to one of the baSIC p~nclples ot l~tel'!1a- set of problems and activities that go far beyond t19nal law-~md, we may add, It IS perfectly m lIne those connected with deep sea-bed mining, which are With resolution II. rather specific and mostly projected well into the 424. As regards draft resolution A/39/L.35 and future. As is true for the sea-related activities and Add.1, which is submitted to us for approval, we interests of the States, the United Nations Conven- were pleased to participate in the discusslOJls that led tion on the Law of the Sea, th,: activities of the to its submission. Its text is very similar'to th~l of United Nations and of its Law of'the Sea Office resolution 38/59 A, which was approved last year, French~: The .annual debate on the law of the sea January WIll enable us to resolve all the pending makes It poSSIble for the General As~embly to draw problems prior to the third regular session of the up a balance sheet ofdevelopments WIth regard to the Preparatory Commission which is to meet at Kings- sub~ect of the law of the .sea that have occurred ton, from 11 March to 4 April 1985. dunng th~ past year. F,?r.thIS year, the balance sheet 432. All these developments cause us to feel opti- has certamly been posItIve. mistic about the continuance of the work of the 427. First of all, having signed the Convention on Preparatory Commission, provided that a construc- 10 December 1982 we can but be pleased at its tive atmosphere continues to reign. I can assure the support by the international community, which is Assembly that our delegation will continue its active illustrated in a particularly striking way by the participation in this work with the same open spirit it exceptionally large number of signatures to the has always shown. Conv~ntion since it was opened for sign~ture: Forty 433. Taking into account the aforementioned de- new slgnatut:es have been added to !ho~e mscnbed at velopments and the other activities carried out the ConventIon at Montego Bay, bnngmg the total to efficiently by the Secretary-General in implementa- 159. tion of the ambitious programme relating to ques- 428. The support given the Convention is also tions connected with the law ofthe sea as set forth in clearly demonstrated by the fact that every geograph- the medium-term plan, ~y del~tion will vote in ical region and all political, economic and social f~v,?ur ofthe draft r~oluh.on before us, as it has with systems are broadly represented. We are particularly 'S!1D.tlar draft resolutIOns m the past. pleased by.the large ~umber .ofsignatures by Europe- 434. Although the future of the Convention 011' the an countnes, and m partIcular by those of our Law of the Sea should lead us all to show'recep- pat:tne~ in ~he European ~nomic Community, tiveness and .mutual understanding, we regret that whIch ItselfSIgned the Convention on 7 December of some delegatIons have seen fit to give a polemical last year. As the Secretary-General emphasized in his turn to our debate by reiterating totally unjustified statement on 10 December, "Such overwhelming accusations with respect to the Provisional Under- support for a Convention of this universal character standing regarding Deep Sea-Bed .Matters, signed on is unprecedented." 3 August 1984 by eight countries, including France. 429. At the same time, the Secretary-General re- ~,?ntrary to what some might say, !!tat arrangement called that some States that support the Convention I~ m no way c~nt!'ary to !h~ ConventIon an? does not as a whole feel that the section on the exploitation of aIm at establIshing a regime parallel to It. the sea-bed is not entirely satisfactory. He has 435. This arrangement does not imply any legal promised to pursue efforts to reconcile positions in recognition by the signatories of the validity of areas where differences remain. permits that might be issued on the sole basiS of 430. We feel that that positive and constructive national legislatio? . attitude should be shared by all Members of the ~36. The sole objectIve ~r.t~e arrangement actually Organization if we wish to give the Convention a IS to removt: the POSSlblhty. of .fu!ure. conflicts truly universal nature. In this regard, we welcome the ~etween the slgnat,?ne~. ~us" m e~mInat~ng po~en- progress made by the Preparatory Commission and hal sources ofconflict, It IS ID; hne WIth t~e IntentIons ItS Special Commissions during the recent sessions at of the sponsors. of r~solutlon ~I..It IS therefore Kingston and at Geneva. The Preparatory Commis- perfectly compatIble With the obhgatlon accepted by sion has, generally speaking, proved itselfserious and the French Go~ernment to undertake act~vities in the realistic under the leadership of its Chairman Mr. deep sea-bed, ID ~e context of resolutIon 11, as is Warioba, to whom we pay a tribute for his outstand- s~own by the.lodglD~ of our aPl?lication for registra- ing guidance of the Commission's work. It is under 1Ion a~ ~ pIOneer mvestor WIth the Preparatory his leadership, in particular, that decisive progress CommIssIon. has been made in the implementation ofresolution 11 437. There is therefore no foundation for the of the Conference, notably in the agreement of 30 criticisms of certain delegations. Do they believe August 1984 on the settlement of disputes between that, if we had the slightest doubt as to the compati- persons wishing to register as pioneer investors and bility of this arrangement with the Convention, we on the proc~dure (or the settlement of disputes would be able to vote for draft resolution A/39/L.35 between applicants ID the first group. and Add.l, whose paragraph 5, and I quote, ~·Calls
In raising this point 444. With regard to paragraph 9, I think that in the of order, Mr. President, my delegation would like to second line of the French version, where it says draw your attention to an apparent discrepancy "conception coherente", it should say "une approche between the French text and the English text of draft coherente". Therefore it is merely a question of resolution A/39/L.35 and Add.1. This draft resolu- replacing the word "conception" by the word "ap- tion was negotiated in English among some interest- proche". In the fifth line of the same paragraph, two ed delegations, and the French text was translated words have been left out; where we say [the General from English. My delegation would have refrained Ass<?mbly] ':invite l~~ institutions et organismes des from making the following comments if the French ~at~on~ Umes ....' we should say".. .invite les text did not make substantial changes to what was mstltutlons et orgamsmes du systeme des Nations negotiated.by .those interested d~legations, the con- Unies", to put the wording in accordance with the tent of whIch IS clearly reflected m the English text. normal practice in this sort of text and also with the 440. I think that the French text must reflect the English text. exact content of the results of the negotiations that 445. Passin~ now to the preambular part of the took place, which, as I said, ~re very clearly reflected qraft resolutl<~m, some French colleagues advised, in the English text. Therefore, because of the very smce I was gomg to propose these corrections to the ~etailed nature o.f ~he compromise reached at the French ~ext, that I also propose that in the third line tIme of the negotIatIons, my delegation suggests on of the SIxth preambular paragraph, where mention is !he basis of consultations it carried out with' the made of "services consultatifs", it should merely say mt<?rested delegations, ~ainly French-speaking dele- "conseils", and would then read: "... de conseils et gatlons, that the followmg changes be made in the d'assistance...". French text. 446. As I have said, these comments are made with 441. First, I would draw attention to paragraph 3 of the sole objective of assuring that the content of the draft resolution A/39/L.35 an,' Add.1. In the English negotiations which took place this year in the prepa- t t 't' 1 d h ration of draft resolution A/39/L.35 and Add.1 ex ,I IS correct y state t at the General Assembly s.hould be refl.ected as clearly as possl·ble. The word- "Calls upon all States that have not done so to 'd 'c, • d' mg I have Just proposed results, as I said from consl er ratl1ymg or acce mg ...". In the French c.onsultation.s among interested delegations, and par- text, as we see, it is stated that the Assembly I 1 "Demande aux Etats qui ne 1'0nt pas encore fait tlCU ar y WIth those of francophone countries. d'envisager de signer et de ratifier ..."'.* 447. To conclude, after consulting with some inter- 442. That is not only inconsistent with the English ested deleg~tions-among which ar~ sponsors, as is t t b t 1 l' . I' !Dy delegatIOn, of the draft resolutIOn-and taking ex, u a so unrea IStIC. t IS not possible to demand. mto account that the target date for signature of the or call upon States to sign the Convention when we Convention, 9 December, has passed, and that the know the Convention is no longer open to signature number of Sta.tes and of all entities that have sl'gned because the closing date for that was 9 December: Th F h f 3 the ConventIOn has reached 159, my delegation as 1011~~~: text 0 paragraph should therefore read suggests a small, inoffensive oral amendment to the second line of the second preambular paragraph "Dema.nd~ a ~ous les Et~ts qui ne 1'0nt pas where "et notamment les 114 signatures" would b~ encore faIt d envlsager de ratIfier la Convention ou replaced by "et notamment les cent cinquante-neuf d'y adherer dans les meilleurs delais en vue de signatures". Since this is a factual suggestion, I think permettre l'entree en vigueur du nouveau regime i~ will not counter opposition from any representa- juridique des utilisations de la mer et de ses tIve here present, and while it is an oral amendment ressources;".* that it can be adopted. ' 443. With regard to paragraph 5, I think that the 448. Mr. SCHRICKE (France) (interpretation from French version as it stands now is quite far' from French): M¥ delegation would like to co.ngratulate the what was negotiated this year and is reflected in the representatIve· of Cape Verde on hIS meticulous corresponding paragraph of the English text. In fact, approach and his perfect command of the French the French text reflects the corresponding paragraphs language, and to state that we have no objections ~f last year's resolution. This was quite clearly whatsoever to the changes he has proposed to the changed during the negotiations. Therefore I would Fren~~ text of the draft resolution. We wish to speak suggest that the French version ofparagraph 5 should n0'Y SImply because we have noticed, in looking reflect the compromise which was reached with such agam more closely at the draft, that there is another difficulty this year. After having consulted with error in the translation of paragraph 3. At the French:speaking delegations and other interested beginning ofthe English text, it reads "all the States" delegatIons, I suggest that the Translation Service and in the French version the word "all" was not take. into account the following text of the French translated. The French text should therefore read versIon of paragraph 5: "I!ema?fle a tous les Etats qui ne 1'0nt pas encore "Demande aux Etats . . ."-and not ". . . a falt.... tous les Etats"-"de renoncer aux actions"-and 449. .Mr. GUMU~IO GRANI~R (Bolivia). (inter- not "toute action"-"sapant I'efficacite de la Con- pretatlOn from Spamsh): Comparmg the Spamsh text vention ou allant al'encontre de son objet et de son and the English text of the draft resolution, it seems but;".* we would have a similar problem in paragraph 5. The :words "a todos" would have to be deleted to keep the ·Quoted in French by the speaker." Spanish version consistent with the English and

3.  S United Nations Conference for the Promotion of International Co-operation in the Peaceful Uses of Nuclear Energy: Report of the Preparatory Committee for the United Nations Conference for the Promotion of International Co-operation in the Peaceful Uses of Nuclear Energy

The President on behalf of Federal Republic of Germany #7518
I call on the representative of Egypt. 498. Mr. SHAKER (Egypt) (interpretation from Arabic): I am pleased to be the first speaker on this item in order to introduce, on behalf of the Federal Republic of Germany, Poland and my own country, draft resolution A/39/L.26. 499. The draft resolution consists of six preambular paragraphs and nine operative paragraphs. I need not go into the details, as I am sure all delegations are aware of its contents. However, I should like to underline its salient features which have been intro- duced this year, especially in the light of the success achieved by the Preparatory Committee during its fifth session, held at Vienna from 25 June to 6 July 1984. The main features ofthe draft resolution are as follows. 500. First, the General Assembly approves the recommendations and decisions contained in the report of the Preparatory Committee for the United Nations Conference for the Promotion of Interna- tional Co-operation in the Peaceful Uses of Nuclear Energy on its fifth session [A/39147]. Secondly, the Assembly' expresses its appreciation of the efforts of the ChaIrman of the Preparatory Committee, Mr. Novak Pribicevic of Yugoslavia, and the Secretary- General ofthe Conference, Mr. Mehta, in accordance with General Assembly resolution 38/60. Indeed, the efforts made by the Chairman and Mr. Mehta were instrumen~al in ensuring the success of the fifth session of the Preparatory Committee in a manner not witnessed in any ofthe previous sessions. During the period from January to May 1984 they conducted several rounds of informal consultations with mem- bers of the Preparatory Committee individually and collectively as well as with regional groups which so desired. Thirdly, in view of the constructive efforts made by the Chairman of the Preparatory Commit- tee and the Secretary-General of the Conference, the General Assembly requests the Chairman and the Secretary-General of the Conference to continue informal individual and group consultations, as necessary, in order to assist the' Committee in expediting the necessary procedural and substantive preparations for the Conference. Fourthly, the Gen- eral Assembly decides that the Preparatory Commit- tee will hold its sixth session at Vienna from 21 October to 1 November 1985 to consider, inter alia, the mechanism for formal/official inter-sessional intergovernmental work and the commen~mentof .preparation of the concluding document! or docu- ments of the Conference, as well as the mandate and corttposition of the group of internationally eminent
We now turn to the report of the Sixth Committee on agenda item 136 [A/39/784]. The Assembly will now take a decision on the draft decision entitled "Draft body of princi- ples for the protection of all persons under any form ofdetention or imprisonment", recommended by the Committee in paragraph 9 of its Tt:port. The Com- mittee adopted the draft decision without a vote. May I take it that the Assembly wishes to do the same? The draft decision was adopted (decision 39/418). 572. The PRESIDENT: The Assembly will now turn to the report of the Sixth Committee on agenda item 137 [A/39/785] and take a decision on the draft decision entitled "Draft standard rules of procedure for United Nations conferences", recommended by the Committee in paragraph 5 of its report. The Committee adopted the draft decision by consensus. May I take it that the Assembly wishes to do the same? The draft decision was adopted (decision 39/419). The meeting rose at 11 p.m. NOTES 'United Nation!', Treaty Series. vol. 75, No. 972. 2Ibid.• vol. B25, No. 17512. 3The delegation ofEthiopia subsequently informed the Secretat':' iat that it had intended to vote in favour of the twenty-siXth preambular paragraph of the draft resolution. . ·The delegation ofYemen subsequently informed the Secretariat that it had intended to abstain in the vote on paragraph 15 of the draft resolution. sSee United Nations, Treaty Series. vol. 1155, No. 18232, art. 18. 6Resolution 37/10, annex. '7The delegation of Samoa subsequently informed the Secretariat that it had intended to vote in favour of the draft resolution.