A/41/PV.41 General Assembly
23. Co-Operation Between the United Nations and the League of Arab States Ca) Report of the Secretary-General (A/41/481) Cb) Draft Resolution (A/4L/L.5)
I call upon the representative of Oman, who will
introduce draft resolution A/4l/L.5.
~r. AL-ANSI (Oman) (interpretation from Arabic): As my country assumes
the chairmanship of the Group of Arab States for this month, it gives me great
pleasure, on behalf of the Arab delegations to the United Nations, to express our
sincere gratitude to the Secretary-General for the important and comprehensive
report (A/4l/48l) which he has submitted to this session concerning agenda item 23,
on co-operation between the United Nations and the League of Arab States. The
report, which is dated 7 August 1986, is indeed a very comprehensive document.
I have pleasure now in introducing to the General Assembly draft resolution
A/4l/L.5, submitted by the Arab States Members of the United Nations in connecti.on
with this item. The draft resolution is sponsored hy: Algeria, Bahrain,
Democratic Yemen, Djibouti, Iraa, Jordan, Kuwait, Lebanon, the Libyan Arab
Jamahiriya, Mauritania, Morocco, Oman, Qatar, Saudi Arabia, Somalia, Sudan, the
Syrian Arab Republic, Tunisia, the United Arab Emirat~5 and Yemen.
The draft resolution refers, in its preamble, to previous resolutions on the
promotion of co-operation between the League of Arab States and the United Nations,
in particular to resolution 40/5, of 25 October 1985, the report of the
Secretary-General and the relevant articles of the Charter which encourage
activities throuqh regional arrangements for the promotion of the purposes and the
principles of the Uniten Nations. In the third preambu1ar paraqraph, the Assembly
would note with appreciation the Je~ire of the League of Arab States to consolidate
and develop co-operation with the United Nations in all areas relating to the
maintenance of international peace and security, and to co-operate in every
possihle way with the United Nations in the implementation of united Nations
resolutions relating to the queation of Palestine and the situation in the Middle
East.
The preamble goes on to refer to the vital impcrtance for countries members of
the League of Arab States, of achieving a just, comprehensive and durable solution
to the Middle East conflict and the auestion of Palestine, the core of the
conflict, and to the fact that the strengthening of international peace and
security is directly related to disarmament, decolonization, self-determination and
the eradication of all forms of racism and racial discrimination. It refers to the
conviction that co-operation between the League and the United Nations will
contribute to the promotion of the purposes and principles of the Charter, and to
recognition of tl.e need for closer co-operation with the competent agencies in
furthering the various objectives approved by ~he Arab Summit Conference held in
Amman in 1980.
The last preambular paragraph reads as follows:
(Mr. AI-Ansi, oman)
"Having heard the statement of the Permanent Observer of the League of
Arab States on oo~peration between the United Nations and the league of Arab
States and having noted the emphasis placed therein a'\ follow-up actions and
proceCilres on the reoonmendations in the p:>litical, economic, social and
cultural fields adopted at the meeting between representatives of the General
Secretariat of the league of Aeab States and its specialized organizatiQ'ls and
the secretariats of the tllited Nations and other organizations of the tllited
Na tions system, held at 'nlnis from 28 June to 1 July 1983, as well as on the
recommendations relating to political IIBtters cootained in the relevant
resolutions of the General Assembly".
In the operative part the draft resolution reads as follows:
"l. Takes note with satisfaction of the report of the Secretary-General~
"2. Elc:presses its appreciaticn to the Secretary-General for the
follow-up action taken by him on the proposals adopted at the meeting between
representatives of the General secretariat of the League of Arab States and
its specialized organizations and the secretariats of the United Nations
system, held at Ttmis, and the meeting on social development in the Arab
region, held at Amman from 19 to 21 August 1985, as well as to the specialized
agencies and other organizations of the tllited Nations system for their
efforts to facilitate the implementation of the '1\.1Ois and Amman proposals~
11 3. Requests the Secretary-General to CQ'ltinue to strengthen
co-operation with the General secretariat of the league of Arab States for the
purpose of implementing Ulited Nations resolutions relating to the question of
Palestine and the situation in the Middle East in order to ach ieve a just,
canprehensive and durable solution to the Middle East conflict and the
question of Palestine, the core of the conflict~
(Mr. AI-Ans!, Qnan)
1J4. Requests the secretariat of the lhited Nations and the General
Secretariat of the league of Arab States, within their respective fields of
canpetence, further to intensify their co~peration towards the realization of
the purposes and pr inciples of the Charter of the United Naticms, the
strengthen ing of in terna tional peace and securi ty, disarmament,
decolcmization, self-determination and the eradication of all forms of racism
and racial discrimination;
Its. Requests the 5ecretary-General to continue his efforts to strengthen
co~peration and co-ordination between the Olited Nations and the
organizations of the United Nations system and the league of Arab States and
its specialized organizations in order to enhance their capacity to serve the
mutual interests of the two organizations in the political, economic, social
and cultural fields~
"6. Requests the secretary-General to continue to co~rdinate the
follow-up action .to facUi ta te the implementation of the pcoposals of a
multilateral nature adopted at the Tunis meeting in 1983, and take appropriate
action regarding the mul tila teral proposals rela ting to social development
adopted at the lrnman meeting in 1985, including the following measures~
"(!.l ProllOtion of ccntacts and consultations between the counterpart
programmes, organizations and agencies concerned~
"(~) setting up of joint sectocal inter-agency wocking groups;
"(£) Ccmsultation with the 5ecretary-Genera1 of the League of Arab States
regarding the convening in 1987 of the joint sectocal meeting on development
of human resources in the Arab region~
"l!!) Provision of necessary assistance from within the existing resources
for the proposed meeting on the development of human resources in the Arab
region~
(Mr. M-Ansi, OIlan)
·7. Calls upon the specialized agencies, and other organizations and
programnes of the united Nations system~
-(~ To cootinue to co-operate with the secretary-General and the
programnes, organiZations and agencies concerned within the united Nations
system and the League of Arab states and its specialized organizations in the
follcw-up of multilateral pcoposals aimed at strengthening and expanding
co-operation in all fields between the U1ited Nations system and the League of
Arab States and its specialized organizations;
-(~ To maintain and increase cootacts and consultations with the
counterpart programnes, organizations and agencies concerned regarding
projects of a bilateral nature in order to facilitate their implementation;
• (£.) To inform the secretary-General, not later than 15 May 1987, of the
progress of their co-operation wi th the League of Arab Sta tes and its
specialiZed organizations and, in particular, the follow-up action taken on
the multilateral and bilateral proposals aCbpted at the Toois and Amman
meetings;
- 8. Requests the secretary-General, in close co-operation with the
secretary-General of the League of Arab States, to hold periodic consultations
as and when appropriate between representatives of the secretariat of the
Ulited Nations and of the General secretariat of the League of Arab States on
follow-up policies, projects, actions and procedures;
-9. Further requests the secretary-General to submit to the General
Assembly at its forty-secxmd session a progress report on the implementation
of the present resolutiOlH
-10. Decides to include in the prOVisional agenda of its forty-second
session the item entitled 'Co-<lperation between the United Nations and the
League of Arab States ' ••
(Mr. AI-Anai, Qnan)
Having presented this draft resolution; we are fully confident that, as in the
case of similar draft resolutions in the past, it will receive the overwhelming
support of the Assembly.
Vote:
A/RES/41/4
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I first call on the representative of the League of Arab
States, in accordance with General Assembly resolution 477 CV), of 1 November 1950.
Mr. MANSOURI (League of Arab States) (interpretation from Arabic): I
have pleasure in extending to you, Sir, on behalf of the League of Arab States, our
warmest congratulations on your election to the presidency of the forty-first
session of the General Assembly. This is recognition by the international
community of your diplomatic skill and experience, which will help Members to deal
with the problems of the organization, particularly those relating to the need for
trust and co-operation in international relations and to the future of those
relations. The League of Arab States is fully aware of this need and the need to
support and co-operate with you in your efforts to ensure the achievement of the
noble aims and otjectives of the Charter and the implementation of the
Organization's resolutions.
I cannot fail to express our appreciation and thanks to your predecessor,
Ambassador Jaime de Pinies, who presided over the work of the fortieth session of
the Assembly with great skill.
I wish to pay a tribute also to the Secretary-General, Mr. Perez de Cuellar,
and to express the League of Arab States' appreciation of his efforts to fulfil the
mandate entrusted to him. We particularly appreciate his efforts in the area of
co-operation between the world Organization and the League of Arab States. We
congratulate the Secretary-General warmly on his election to a second five-year
term. His re-election is recognition of his spirit of compromise, administrative
skill, deep belief in the noble purposes and principles of the Charter and
continuing efforts to contribute to the attainment of those aims and objectives
(M!. AI-Ansi, Oman)
during the past five years. The Arab States look f«ward to further positive
co-operation with the 5ecretary-General in efforts to achieve a just and
canprehensive peace in the Middle East, put an end to arbitrary Israeli practices
in Palestinian and other occupied Arab territor ies, eliminate racial discr imination
and apartheid in South Africa and settle other inte.:national issues and problems.
We in the Arab nation and the league of Arab States look forward to the
fulfilment of the purposes and principles of the Charter. This is because of our
profound belief in the pr inciples on which th is Organization is based and the need
to respect them, to implement the resolutions of the organization, face up to the
problems of the Organization, to seek ways and means to recover the foundation on
which this Organization was built - the collective security that we all desire.
{Mr. Mansouri, League of Arab States}
The League of Arab States fully appreciates the efforts and concerns
formulated in the report of the Secretary-General on this item (A/4l/48I) and in
his comments on the report of the Joint Inspection Unit (A/41/6lS/Add.l). In this
context the League of Arab States wishes to express its conviction that
co-operation between our two organizations must continue and that its scope must be
enlarged to encompass all fields, particularly the economic, social, humanitarian,
cultural and technical fields, in all their aspects. The League is very desirous
of developing, promoting and maintaining links in all areas of endeavour with
regard to international peace and security. It wishes also to develop and promote
active co-operation, consultation and deliberations with a view to finding ways and
mean~ of implementing the resolutions of this organization, not only on full-scale
disarmament and the settlement of disputes by peaceful means, but also on the
auestion of Palestine, the situation in the Middle East, the eradication of
apartheid and all forms of discrimination, decolonization, the promotion of the
right to self-determination, and respect for human rights and fundamental freedoms
for all peoples of the world.
We wish to express our appreciation of the efforts made by the Joint
Inspection Unit in the preparation of its report on co-operation between the united
Nations and the League of Arab States. These observations and comments on it were concentrated more particularly on the various fields of technical co-operation, and
on mechanisms for such co-operation.
The report is a good basis for the continuation of technical co-operation
between the specialized organs in the future. However, we believe that the fact
that the Joint Inspection Unit enlarged its study of the technical aspects has made
it disregard the other aspects of co-operation between the League of Arab States and
(Mr. Mansouri, League of Arab states)
the united Nations, which go back to 1950, at which time there was no technical
co-operation between the two organizations, as there is today.
The League of Arab States has always informed the Secretariat of the united
Nations and its officials of its concerns and its priorities in the economic,
social and political fields, and we have always found a very positive response in
the understanding of these issues, particularly in the fields of co-operation and
communication between the two organizations. It is our wish that this co-operation
should continue and broaden.
We in the League of Arab States have always worked and shall continue to work
for peace in the Middle East region, through our call and support for the holding
of an international peace conference under the aegis of the United Nations, in
pursuance of the resolutions adopted at the Arab summit conference held at Fez in
1982. The Arab States have expressed their commitment to peace initiatives and
their conviction that the United Nations, which expresses the international
consensus, is the framework and the Organization through which initiatives ca.n be
taken that would help to promote peace, not only in the Middle East but in the
world as a whole.
The fact that we work through the United Nations in order to achieve the
success of the peace initiatives is shown very clearly in the resolutions of the
Fez summit, based on international legitimacy. We b21ieve that the so-called
obstacles in the way of holding the conference must be eliminated.
In this regard, we wish to stress the importance of the informational and
political role undertaken by the United Nation with a view to convening that
conference. At several of its sessions, the Gener~l Assembly of the United Nations
has proclaimed the need to hold such an international forum in order to arrive at a
comprehensive, just and lasting solution to the Arab-Israeli conflict and in orde~
(Mr. Mansouri, League of Arab States)
order to secure the ri9ht of the hulestinian people to self-determination and
existence as an independent State. The role of the United Nations is very
important in influencing international pUblic opinion, particularly American public
opinion, regarding various aspects of this international initiative and regarding
the urgency of holding an international conference. Any delay in holding this
conference would have very negative repercussions on international pUblic opinion
with regard to the United Nations, its role in international disputes and, indeed,
its credibility. Accordingly, we believe it is time to move forward and to
reactivate the role of the United Nations and reaffirm its effectiveness by holding
an international peace conference. In view of the crises in the Middle East at the
present time, it is imperative for the united Nations to intensify its efforts so
that its resolutions may regain their effectiveness and credibility and so that the
Organization may thereby maintain its prestige on the international scene as a body
to which peoples and organizations may have recourse in times of crisis. For this,
of course, it will be necessary to work out the means of implementing these
resolutions so as to enable the international community to achieve what is needed:
peace, security and the right of peoples to self-determination.
In the economic field we believe that the programmes for development, progress
and stability, as part of the long-term development plan of the Arab people, are
always open to fragmentation and obstacles. If these programmes and this plan do
not have the necessary basis of political and security stability, we believe that
these conditions must be satisfied through efforts to bring about the needed
changes, so that Arab societies may be able to live in security and in dignity
based on freedom and equality.
(Mr. Mansouri, League of Arab states)
Therefore, we ean say that there is a need to plan, on the pan-Arab level, for
the Arab economic future. This reauires joint Arab programmes that would promote
the aims of security and dev~lopment and would close the development gap between
the different countries and the Arab nation.
The League of Arab States looks forward to strong and fruitful co-operation
with the organs of the United Nations in choosing those complementary projects that
would link the Arab economies. The League of Arab States also looks forward to
further co-operation between Arab experts and the experts of the united Nations in
order to achieve many of the objectives of building infrastructure for the
different organs and age~cies of the League of Arab States, such as the convention
drafted a fev days ago, on 12 october 1986, between the Arab Labour Organization
and the Economic and Social Commission for Western Asia, on co-operation and
co-ordination between those two organizations in respect of internal migration,
planning for the Arab labour force, the exchange of information on statistics for
professional training, and the rationalization of the policies regarding the
movements of Arab labour forces.
The secretariat of the League of Arab States looks forward in the near future
to co~leting the measures and the initiatives on the drafting of a convention with
the United Nations Development Programme (UNDP) concerning the comprehensive,
administrative development plan of the General Secretariat of the League of Arab
States and its specialized bodies. We attach great importance to this plan because
we would like to have the best possible organization in the administrative field
and we would like to profit from the experience of UNDP in this field.
·The League of A~ab States is very desirous of extending the scope of the
current conventions between the general secretariats of the League and the United
Nations Fund for Population Activities. These programmes are of great benefit to
(Mr. Mansouri, League of Arab States)
the peoples of the region and play an important role in supporting development
activities in the region. The League of Arab States fully appreciates the
co-<>peration bet"",een itself and the thited Nations ChUdrenis Fund (UNICEF), a very
serious relationship, laid down through the implementation of many joint progranmes
and projects. The Arab Comcil of Ministers fer Social Affa irs has underlined the
imp)rtance of this co-<>peration. The Council has called for further programnes in
the Arab region, including joint programmes foe rr.others and chUdren, as well as
the implementation of the recounendations contained in -the Charter of the Arab
Child. The Council's concerns have mderlined the importance of the UNICEF
str ategy for lQler ing ch ild morta lity in the wor Id.
(Mr. Mansouri, League of Arab States)
The Arab cooference on social welfare policies was held under the aegis of the
League of Arab States. That conference is part of the preparatory wor k for
regiooal consultations 00 policies and programmes for social welfare which will be
held in the autumn of 1987, in accordance with relevant resolutioos of the Ebonomic
and Slcial CO\mcil.
The League of Arab States warmly welcomes the measures taken by the parties
conce:ned to prepare for the convening of a conference on the development of human
resources to be held in 1987. The League is making every effort to ensure the
success of that conference.
In concluding Irrf statement, I wish to underline the importance of the
co-operation between the League of Arab States and the tbited Nations. This is
made very clear by the developnents that have taken place in a nUnDer of areas,
especially those relating to the maintenance of international Peace and security -
pa~ticularly peace in the Middle East. That co-operation undoubtedly contributes
to the achievement of the noble ends of the tbited Nations Charter.
I shall nQi call on those representatives who wish to
explain their vote befoce the voting on draft resolution A/41/L.5. May I remind
delegations that, in accordance with General Assenbly decision 34/401, explanations
of Yote are limited to 10 minutes and should be nade by representatives from their
seats •
Hr. BEm (Israel): Once aga in we are about to Yote on a draft resolution
in regarding the so-called "co-operatioo· between the League of Arab States and the
United Nations. On the surface, this draft resolution seems routine. But is it
realiy just routine? SUpposedly, this co-operaticm furthers the realization of the
purposes and pr inciples of the Char ter. But does it really do that? My delegation
does not believe so. In fact, the Arab League's activities are in direct
(Mr. Mansouri, League of Arab States)
contravention of the Charter. The draft resolution befor:e us, with its call to
promote closer co-operation between the United Nations and the Arab League, will
only act to weaken the principles of the Charter. Befoce we vote, let me take a
Since its inception in 1945, the Arab League has been dedicated to ooe central
goal~ the eradication of the State of Israel. It has oonsistently encouraged and
directed an obsessive campaign of hatred against my country. It co-ordinates and
disseminates anti-Israel proPaganda. It objects to any movement leading to peace
in our region. It inci tes the Arab world to wage war and to cause bloodshed.
Peace with Israel is a forbidden phrase in the vocabulary of. the Arab League - it
is canpletely and totally rejected. Any Arab State that dares even to mention the
possbility of peace with II¥ COWltry is considered an outcast by the Arab League and
condenned as a traitor to the cause - the cause of waging war against Israel.
On 22 March 1986, the secretary General of the Arab League reconfirmed th is
path of intransigence and rejection. In a statement in Tunis celebrating the
League's forty-first anniversary, he said~
"It is necessary to intensify the struggle (against Israel) on all fronts and
in every field ••• "
Take, for exaIl{)le, the Arab League's policy towards the Egyptian-Israeli peace
treaty. Just last mooth, the League reiterated its rejection of peace by calling
the septeni:>er Alexandria sunmit between President MJbarak and Prime Minister Peres
"a regrettable event".
Regrettable to whom? Regrettable to those seeking peace in the Middle Fast?
Definitely not. ~grettable to the forces of intransigence and rejection - that
is, to the Arab League? Definitely, yes.
Not all Arab States are extremist, but when they meet in the framework of the
League, ooly extreme positions are accepted as a common denominator.
(Mr. Bein, Israel}
In its ostensible role as Ol7er-all spokesman for all Arabs, the Arab League
continues to suffocate any attempt that might lead to peace in our region. It
openly sanctions terrorism against the civilian population of Israel; the Arab
League defends the killing of civilians who happen to be Israelis. According to
the League, this is never terrcxiSD. The League offers its facilities to Arab
terrcxists - the very people who massacre innocents in houses of worship, in
a irplanes and 00 cruise ships. Indeed, in the words of its secretary General, the
League is -intensifying the struggle in every field, on all fronts". And we see
the results of that incitement - en the froots of London, Rome, Vienna, Paris and
Karachi.
But the Arab League is not satisfied with waging war against Israel only en
these levels. It tries to strangle Israel ecooomically as well. Under the direct
supervision of the Arab U;.-.gue, all of its memer s were urged to establish national
boycott offices. In those offices, as many as 10,000 international canpanies are
blacklisted simply because they have some sort of conmercial affiliation with
Israel. Bapp.ly, most of those canpanies are not intimidated by this blackmail.
The League's boycott head:luarters are stationed in Damascus, the very city from
"""ich another type of intimidation - international terrorism - is directed and
man ipu la ted.
The Arab League's economic and political warfare against a fent>er State
flagrantly violates the most elementary principles of the U'lited Nations Charter.
Row, th~n, can one justify the large united Nations expenditure to pcomote
co-operation between that body and the tbited Nations? In fact, it cannot be
justified, especially at a time when the United Nations is struggling financially
foe its very existence. Thousands of dollars are spent for the purpose of
organizing seminars and conference3 dedicated to anti-Israel propaganda. That
mooey could surely be put to better use.
(Mr. Bein, Israel)
In view of the Arab League's canplete and utter disregard of the fundamental
principles of peace and security upon which this Organization is based, my
delegation will of course vote against draft resolution A/41/L.5.
Mr. AOKI (Japan) ~ My delega tion is well aware of the benefits of
co-operation between the thited Nations and the various organizations having
observer status in the Organization. we welcome and support united Nations
co-operation with the League of Arab States. We will vote on draft resolution
A/4VL.5 as we have done in past years on similar draft resolutions.
However, we should like to reserve our positim cmcerning operative
paragraph 3, which makes reference to those General Asseni'ly resolutions that we
did not support in the past.
(f4r. Bein, Israel)
The General Assembly will now take a decision on draft
resolution A/41/L.5.
In this connection, I should like to inform members that the Secretary-General
doe~ not foresee programme budget implications in the implementation of this draft
resolution.
A recorded vote has been reauested.
A recorded vote was taken.
In favour: Albania, Algeria, Antigua and Barbuda, Argentina, Australia, Austria, Bahrain p Bangladesh, Belgium, Belize, Benin, Bhutan, Bolivia, Brazil, Brunei Darussalam, Bulgaria, Burma, Burundi, Byelorussian Soviet Socialist Republic, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Cuba, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Denmark, Djibouti, Ecuador, Egypt, Eauatorial Guinea, Finland, France, Gambia, German Democratic Republic, Germany, Federal Republic of, Ghana, Greece, Guinea-Bissau, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Iraa, Ireland, Italy, Japan, Jordan, Kuwait, Lao People's Democratic RepUblic, Libyan Arab Jamahiriya, Luxembourg, Madagascar, Malaysia, Maldives, Mali, Malta, Mexico, Mongolia, Morocco, Mozambiaue, Nepal, Netherlands, New Zealand, Norway, Oman, Pakistan, Paraguay, Peru, Philippines, Poland, portugal, Qatar, Rwanda, Samoa, Saudi Arabia, Senegal, Sierra Leone, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden, Syrian Arab Republic, Thailand, Togo, Tunisia, Turkey, uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, united Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Venezuela, Viet Nam, Yemen, Yugoslavia, Zimbabwe.
Against: Israel, United States of America.
Abstaining: Cyprus.
Draft resolution A/4l/L.5 was adopted by 106 votes to 2, with 1 abstention
(resolution 41/4).*
30. Co-Operation Between 'T'He United Nations and the Asian-African Legal Consultative Committee (A) Report of the Secre'!'Ary-General (A/4L/653) (B) Draft Resold'L'Ion A/41/L.6
Vote:
41/5
Consensus
I shall now call on representatives who have asked to be
allo~ed to explain their votes after the voting on draft resolution A/4l/L.5.
*Suhseauently the delegations of Cyprus, Lebanon, Mauritania, Nicaragua, Niger, Panama and Romania advised the Secretariat that they had intended to vote in favour.
May 1 remind delegations that, in accordance with General Assembly
decision 34/401, explanations of vote are limited to 10 minutes and should be made
by delegations from their seats.
Mr. BIRCH (United Kingdom): In order to make a few general comments, 1
have the honour to speak on behalf of
Community, which have voted in favour of the draft resolution just adopted.
Over the past few years the General Assembly has been as.:ed to consider a
number of resolutions relating to co-operation between the United Nations and
various organizations holding observer status. The Twelve are well aware of the
advantages of such co-operation and have been happy to join in expressions of
SUppoL~ and encouragement for its development within the framework of the united
Nations Charter. The Twelve would prefer, however, that such resolutions should
deal with the question of co-operation in terms that avoid introducing contentious
issues. Against the background of the financial crisis currently faced by the
United Nations, lhe Twelve also urge that every effort should be made to minimize
the number of meetings and of documents whose cost falls to the Organization, with
the aim of contributing to an overall reduction in expenditure.
It is essential that the scarce resources of the united Nations which are made
available for co-operation of this sort are applied to the best effect. In this
connection we urge that due account be taken of the constructive recommendations
contained in the report of the Joint Inspection Unit transmitted under a note by
the Secretary-General on 16 September 1986 as document A/4l/6IS.
With regard to paragraph 3 of the operative part of ~raft ~esolution A/4l/L.S,
relating to co-operation between the United Nations and the League of Arab States,
the Twelve wish to draw the attention of the Assembly to the need to avoid
prejudicing the role of the Secretary-General, and wish to record that they have
net supported all the resolutions referred to in that paragraph.
(The President)
the European
twalve states members of
Mrs. CLARK (United States of America): The United States voted against
draft resolution A/4l/L.5 because operative paragraph 3 reauests the
Secretary-General to attempt to implement previous General Assembly resolutions
which the united States had voted against. The resolutions mentioned in that
paragraph are contrary to the fundamental policies of the United States Government
with regard to the Middle East.
Mr. BERGH JOHANSEN (Norway): I have the honour to speak on behalf of the
five Nordic countries: Denmark, Finland, Iceland, Sweden and Norway.
The Nordic countries voted in favour of the draft resolution just adopted by
the General Assembly, on the understanding that the elements with political
implications, in particular operative parag~aph 3, are not relevant to the issue
and obviously cannot prejUdice the positions of the Nordic countries on the
substantive matte~ referred to.
Mrs. GERVAIS (Canada) (interpretation from French): As in the case of
similar draft resolutions voted on in the past, Canada voted today in favour of
draft resolution A/4l/L.5. My delegation, however, has certain reservations about
operative paragraph 3, since we did not support all the resolutions whose
implementation is reauested in that paragraph.
Mr.OKELY (Australia): Australia has been a consistently strong
sUpPOrter of instruments of regional co-operation and of co-operation between such
bodies and the United Nations. The Secretary-Generalis report before us in
document A/4l/48l is a source of satisfaction, and for that reason Australia has
regist~red an affirmative note on draft resolution A/4l/L.5.
My delegation does wish to place it on record, however, that, as it has done
in the past in regard to similar draft resolutions, we encountered this year some
difficulties with the wording of operative paragraph 3 of the draft resolution on
which the Assembly has just voted.
. Mr. ARMS'l'RONG (New Zealand): My delegation supports the prollOtion of
co-operation between this Organization and the League of Arab States. We
~cordingly voted in favour of the draft resolution that has just been adopted.
We have reservations, however, about aspects of the resolution, in particular
operative paragraph 3, and I wish to place it on record that our vote does not
signify any change in our position on matters that are nut relev~nt to this
resolution.
Vote:
A/4l/L.5
Recorded Vote
✓ 106
✗ 2
1 abs.
Show country votes
— Abstain
(1)
✗ No
(2)
✓ Yes
(104)
-
China
-
Bhutan
-
Iceland
-
Yemen
-
United Kingdom of Great Britain and Northern Ireland
-
Belgium
-
Ireland
-
Benin
-
Indonesia
-
Syrian Arab Republic
-
Saudi Arabia
-
Germany
-
Finland
-
Sudan
-
Egypt
-
Algeria
-
Argentina
-
Australia
-
Austria
-
Plurinational State of Bolivia
-
Brazil
-
Bulgaria
-
Burundi
-
Canada
-
Chile
-
Colombia
-
Czechoslovakia
-
Democratic Yemen
-
Denmark
-
Ecuador
-
France
-
German Democratic Republic
-
Ghana
-
Greece
-
Guinea-Bissau
-
Hungary
-
Islamic Republic of Iran
-
Italy
-
Japan
-
Jordan
-
Lao People's Democratic Republic
-
Luxembourg
-
Madagascar
-
Malaysia
-
Mali
-
Malta
-
Mexico
-
Mongolia
-
Morocco
-
Nepal
-
Netherlands
-
New Zealand
-
Norway
-
Oman
-
Paraguay
-
Peru
-
Philippines
-
Poland
-
Portugal
-
Qatar
-
Rwanda
-
Senegal
-
Sierra Leone
-
Somalia
-
Spain
-
Sri Lanka
-
Sweden
-
Thailand
-
Tunisia
-
Türkiye
-
Uganda
-
Ukraine
-
Union of Soviet Socialist Republics
-
United Arab Emirates
-
Myanmar
-
India
-
Maldives
-
Pakistan
-
Cuba
-
Kuwait
-
Togo
-
United Republic of Tanzania
-
Bolivarian Republic of Venezuela
-
Yugoslavia
-
Albania
-
Cambodia
-
Chad
-
Central African Republic
-
Gambia
-
Cabo Verde
-
Libya
-
Viet Nam
-
Djibouti
-
Samoa
-
Suriname
-
Zimbabwe
-
Belize
-
Antigua and Barbuda
-
Brunei Darussalam
-
Cameroon
- Eauatorial Guinea
- Mozambiaue
- Bahrain p Bangladesh
-
Belarus
That concludes our consideration of agenda item 23.
The Assembly will now turn to agenda item 30 entitled
·Co-operation between the united Nations ana the Asian-African Legal Consultative
Committee-. A draft resolution has been circulated (A/4l/L.6).
In accordance with General Assembly resolution 35/2 of 13 OCtober 1980, I now
call on the Secreatary-Genera1 of the Asian-African Legal Consultative Committee,
Mr. B. Sen.
MR. SEN (Asian-African Legal Consultative Committee (AALCC»: On behalf
of the Asian-African Legal Consultative Committee, I am privileged to offer our
congratulations to you, Sir, on your unanimous election to the high office of
President of the General Assembly. It is a matter of particular pleasure for us,
since Bangladesh is an important member of our organization and your Government has
consistently taken a very keen interest in our activities over the years.
I should like also to convey our sincere congratulations to the
Secretary-General on his appointment to a second term of office.
The Asian-African Legal Consultative Committee, which was established in 1956
as a tangible outcome of the historic Bandung Conference, will this year complete
30 years of work in the service of the Asian-African community. In this context we
considered our regular session at the beginning of the year at Arusha to be
particularly signficant and as helping to promote a wider response to our work OJ
the African continent.
On the occasion of the commemoration by the General Assembly of the
twenty-fifth anniversary of our Committee in November 1981 I had the p~ivi1ege of
tracing the growth of our organizatiCXl from a small seven-menber body to a major
international organization with a membership of 40 Governments. I also indicated
the gradual expansion of our activities from that of an advisory role on
international law to embracing such wider areas as internatiCXlal economic
co-operation, the environment, humCl'litarian issues such as the problem of refugees
and the promotion of inter-regional and international co-operation in support of
the activities of the O1ited Nations in various fields. Since that time two things
of special significance for the growth of our organization have occurred.
The first was the decision of the GoI7ernment of the People's Republic of China
to participate in our work as a full memer from the year 1984, which helped us to
reach our goal of embracing all major nations in Asia and Africa within our
membership. The second was the decision of the General Assenbly, adopted in 1981
by resolution 36/38, to strengthen further the existing state of co-operation with
our organization and extend it to wider areas. That resolution, which called for
consultations by the ~cretary-Generalof the Ulited Nations with the
secretary-General of the Asian-African Legal CCXlsultative COilIllittee, has helped to
place our relationship with the thited Nations on a firmer and regular footing with
a new orientation of the work prograume on our activities to enhance our role in
support of the tbi ted Nations. A great deal of progress has already been achieved
in this area, as is bcxne out in the report of the secretary-General of the United
Nations to the General Assenbly this year, as well as in his reports presented in
1983, 1984 and 1985.*
In my statements before the General Assembly at ear lier sessions I have had
occasion to mention our role in the negotiations leading to the Convention on t"'e
Law of the sea and our supportive efforts thereafter in proIlK)ting and encouraging
*Mr. Henar (Suriname), Vice-President, took the Chair.
(Mr. sen, AALCC)
the ratification of that Convention. That was one of the major areas of our
activities over a period of nearly 15 years. I also referred to a number of other
areas where co-operation between the United Nations and the AALCC had been most
productive. On this occasion I should therefore like to confine myself to two of
the major initiatives in strengthening the role of the United Nations which we have
undertaken since last year and to our ongoing efforts in the field of international
economic co-operation.
At our Katmandu session, held in February last year, it was decided to prepare
a study as part of our contribution on the occasion of the fortieth anniversary of
the United Nations on strengthening the role of the Organization, with particular
reference to the General Assembly. That study was aimed at an assessment of the
work of the United Nations in various fields over a period of 39 years and it
included certain suggestions for improvement. It was a matter of particular
gratification for us when an open-ended meeting, held at the United Nations at the
beginning of the General Assembly session in September 1985, considered that the
study merited the serious consideration of the appropriate organs of the United
Nations.
That was followed by a reauest by 52 delegations from all regional groups for
circulation of that study as a document of the General Assembly. After further
consultations on that paper at both formal and informal levels during the General
Assembly session last year I mentioned in my statement on 9 December 1985 that we
would consider the possibility of establishing an open-ended working group with a
view to preparing concrete recommendations for submission to the General Assembly
at the present session. That idea was welcomed by several delegations and an AALCC
working group of the whole accordingly met in New York during April and June this
year. The recommendations of the working group have already been circulated as a
(Mr. Sen, AALCC)
General Assembly document (A/4l/437) and it has been a matter of encouragement that
many delegations have found it possible to support them.
The approach of our working group was to confine itself for the present to
areas on which there were good prospects of progress being made, rather than to
embark on wider aspects of improvement of the functioning mechanism of the united
Nations as a Whole. The recommendations of the working group represent a
compromise package which some delegations may not find fully in accord with their
views but something which they might perhaps consider as a starting point in the
negotiations for the improvement of the functioning of the General Assembly, which
was long overdue. I should like also to emphasize that the recommendations of the
working group demonstrate a degree of earnestness on the part of our membership and
represent a positive approach to the delibel:ations of this Assembly.
Another initiative that we have taken c:oncerns the role of the International
Court of Justice for a better implementation of General Assembly resolution 37/10,
adopted on 15 November 1982, and the earlier resolution 3283 (XXIX), of
12 December 1974, which called upon the Member States of the United Nations to
consider the possibility of making wider use of the facilities and procedures under
the revised rules of the Court. That was an item which was identified as falling
within the extended areas of co-operation between the United Nations and the AALCC,
as called for in General Assembly resolution 36/38.
In response to the recommendations of a meeting of the legal advisers of AALCC
member States, held in November 1983, a study was prepared drawing attention to the
advantages of resort to the Court in legal disputes under special agreements in
preference to ad hoc arbitration, particularly in the context of procedures in
chambers available under the revised rules. The AALCC study, which was circulated
as a General Assembly document at the fortieth session (A/40/682) evoked wide
interest and we accordingly followed up the matter by convening a colloauium
earlier this month for a further exchange of views on the subject.
It is a matter of gratification that the International Court of Justice was
appreciative of our efforts and the President of the Court himself chaired the
colloauium. In this connection, it may not be out of place to mention that in
promoting the role of the Court we considered it expedient to confine ourselves to
encouraging Governments to refer their disputes under special agreements since we
feel that this is the area where future possibilities would lie as viewed from a
practical angle. Having regard to the fact that relatively few States are now
prepared to accept the compulsory jurisdiction of the Court in advance without wide
reservations, and the recent trend noticeable in their reluctance to agree to the
adjUdication by the Court under the provisions of treaties and conventions, it
would appear that the main area for widening the role of the Court would be in
those cases where legal disputes are referred by means of a compromise. Indeed, we
feel that there are great possibilities in this direction since at the reauest of
the parties cases may now be heard by a sizeable forum through constitution of the
Chambers whenever the parties may so reauest. We have also taken note of the fact
that the occasional reference of disputes to the Court which are essentially of a
political nature does not always help to ensure harmony ~r to enhance the
acceptability of its procedures. The future of the Court, therefore, seems to lie
in a regular flow of work of a legal nature which the States parties ought to be
encouraged to refer to it under special agreements.
In regard to the promotion of economic co-operation, we began in a modest way
with the adoption of the First united Nations Development Decade, in the
preparation of model contracts relating to commodities which were of primary
concern to the countries of our region. This initiative received a new impetus
with the establishment of the United Nations Commission on International Trade
. Law (UNCITRAL) and our co-operation with that body. In the year 1976 we embarked
(Mr. Sen, AALCC)
on a new programme through preparation of a scheme for settlement of disputes in
economic and commercial transactions with a view to creating stability and
confidence in economic relations with and between the countries of our region. Two
regional centres for arbitration were established under the scheme, one of which is
located in Kua1a Lumpur and the other in Cairo. Negotiations for the establishment
of some other centres are also in progress.
Almost bnmediate1y after the eleventh special session of the General Assembly
we geared ourselves to assist our member Governments in their participation in the
proposed global negotiations through preparation of technical studies in the field
of commodities and industrialization. Two ministerial meetings on economic
co-operation were held under our auspices to facilitate that process, namely, one
in Kua1a Lumpur in December 1980 and the other in Istanbul in September 1981. To
this end, we also participated closely in the sessions and meetings of the United
Nations Conference on Trade and Development and the United Nations Industrial
Development Organization. But with prospects receding for the launching of global
negotiations, we directed our attention to practical ways of attracting capital and
investments to our region to a greater extent. ~o facilitate this process we
developed certain models for bilateral agreements on investment promotion and
protection which were adopted at our Katmandu session last year. We also embarked
upon sponsoring a series of meetings between countries interested in investments
and prospective investors with the participation of United Nations agencies, the
World Bank and representatives of Governments and trade. These meetings paved the
ground for better understanding of the problems and issues on such matters as
profitability, investment incentives, protection and guarantees for investment as
well as the benefits that the developing countries could expect from forelgn
investments, particularly in sectors of national importance. Taking note of the
United Nations Programme of Action for African Economic Recovery and Development
(Mr. Sen, AALCC)
1986-1990 and the deliberations at the thirteenth special session of the General
Assembly this year. we have initiated steps to generate greater interest in the
private sector in the more affluent countries within our member~hip to embar~ upon
investments in Africa for their development. By way of further initiative we began
a study of the problem of debt burden and have planned a working group meeting on
this sUbject during this year. This matter is also of particular interest to
Member States in Africa in the conf;ext of the united Nations ~!r.,ogramme of Action.
Although this subject is being reviewed in several forums it would be our endeavour
to bring in certain legal concepts which could be blended with the economic norms
and practices for a just and adequate solution of the matter.
Although the problem of debt burden of States in the inte·rnadonal context is
comparatively recent. thl"! matter of debt burden of an individUClll has been a
constant phenomenon over the years, particularly in feudal soc:Leties and in the
colonial empires. In many of the common law countries, beginrdLng -with England in
the nineteenth century. a great deal of jurisprudence evolved 1~rough legislation
enacted to relieve the burden of debt. This was particularly noticeable in the
efforts of the representative Governments on the Indian sub-continent during the
early 1940s by the enactment of the Moneylenders Act and Debtor's Relief Act, which
incorporated provisions for enquiries to be made into the ci~cumstances of debts
and fixation of ceilings on interest. These legislations, prompted by the
induction of the principles of eauity to smoothen the harshness of the common law.
contained a number of principles which could perhaps be applied with suitable
adartation. even in situations relating to the debt burden of States. In this
context, it may not be out of place to mention that the law of tort in the
municipal legal systems relating to such matters as negligence or nuisance has been
transplanted in the progressive development of international law on such concepts
as State responsibility or international liability of States for injurious
(Hr. Sen. AALCC)
consequences arising out of acts not prohibited under intecnatia\al law.. Q1 the
same analogy there seems to be no reasa\ why the principles developed in the
mtl'licipal legal system; for the relief of the debtor cannot also be exten::ed as
part of international law in relatitX1s between affluent and poor nations. Thus, we
feel that there might be a good deal of scope for thinking in terms of preparation
of a set of norms and pr inciples which could be suited to meet the present
si tuatia\ through a jUdicious blending of legal pr inci ples and eCalom1c norns for
the benefi t of both the creditor and debtor nations.
I should like to avail myself on this occasion of the thirtieth anniversary of
our CoIllllittee to extress our sincere thanks to the secretary-General for the
keenness and pet'salal interest he has taken in prollDting closer co-operatia\
between the two bodies. I should also like to place on record our deepest
appreciation of the efforts of the legal Counsel, Mr. Fleischhauer, and
Mr. lby lee, of his office, to bring about the implementation of the General
Assellbly resolu tions relating to co~peration wi th our Conunittee in tangible and
practical terlll8.
(Mr. Ben, AALCC)
I call on the representative of the United Republic of
Tanzania, to introduce the draft resolution (A/41/L.6).
Mr. CHAGULA (United Republic of Tanzania): As current Chairman of the
Asian-African Legal Consultative Committee (AALCC), my delegation first would like
sincerely to thank the united Nations Secretary-General for his report (A/41/653)
entitled wCo-operation between the United Nations and the Asian-African Legal
Consultative Committeew• Likewise, we should like to express our appreciation to
Mr. Sen, Secretary-General of the AALCC, for his comprehensive introductory
statement, after which and in the light of the report of the United Nations
secretary-General, it would be unnecessary for me to say much concerning the work
programme of the AALCC since the last session of this Assembly, which was adopted
by the Committee at its twenty-fifth session, held a;; Arusha, Tanzania, last
February.
However, as this matter is very relevant to the report of the Group of 18,
which is one of the most important issues before this session of the Assembly, my
delegation would like to beg the indulgence of delegations by referring again to
the AALCC study on strengthening the role of the United Nations through
rationalization of functional modalities with reference to the Gen~ral Assembly,
which was issued last year as document A/40/726 for the consideration of the
General Assembly. That AALCC study was very well received by a significant and
widely representative proportion of the membership of the Assembly, which prompted
the AALCC to establish an informal open-ended working group for in-depth
consultations on the ideas and suggestions contained in the study. The Working
Group completed its work last June, and I had the honour of transmitting its
recommendations to the secretary-General of the United Nations on 25 June 1986 with
a formal reauest that they be circulated as a document of the General Assembly
under items 8 and 30 of the provisional agenda of its forty-first session. It is
gratifying to note that those recommendations are now contained in document
A/4l/437 which is before this session of the Assembly for consideration under
item 30. AS current Chairman of the AALCC, to re-echo what several delegations at
thic session of the Assembly have already requested, I should like to urge the
General Committee to consider proposing at this session of the General Assembly a
draft resolution which would permit the early implementation of the AALCC Working
Group recommendations on the improvement of the functioning of the General
Assembly, which, it has become apparent, do have the support of a very wide
spectrum of the membersh}? of the Assembly ana have also taken into account,
inter alia, the recommendations of former Presidents of the General Assembly on the
rationalization of the procedures of the Assembly in document A/40/377.
Tanzania attaches great importan~e to the work of the AALCC, which is now in
the 30th year since its establishment. At this juncture it is fitting for my
delegation to pay a tribute to the AALCC's Secretary-General, Mr. Sen, who, through
his dedication, exceptional ability and devotion during the last 30 years r has
built up the AALCC to the tower of strength it is today, particularly in its
co-operation with the united Nations and as a service regional organization for the
international community as a whole. Mr. Sen, I understand, has, regrettably,
finally and definitely decided to end his services with the AALCC early next year
and, as this will be the last General Assembl;< session he will be attending as
Secretary-General of t~e AALCC, I should like t~ wish him every success in future.
He will leaqe the AALCC with the satisfaction that he is leaving behind a very
mature organization.
As the report of the United Nations Secretary-General clearly shows, r-ince
1981 the formal co-operative framework between the United Nations and the AALCC has
continued to be strengthened. The draft resolution that this Assembly has since
,
(Mr. Chagula, United Republic of Tanzania)
then been adopting at every regular session on co-operation between the United
Nations and the AALCC is a measure of the mature relationship between these two
bodies in their mutual interest. It is against this background that, with much
pleasure, and on behaif of Canada, Cape Verde, Cyprus, Egypt, Indonesia, Japan,
Jordan, New Zealand, the Philippines, Sudan, Sri Lanka, Thailand, the United States
of America, Mongolia and my own country, the United Republic of Tanzania, I am
presenting for the consideration of the .General Assembly the draft resolution in
document A/4l/L.6 on co-OPeration between the United Nations and the Asian-African
Legal Consultative Committee. In addition, the following Member States should be
added to the list of sponsors of the draft resolution: Australia, China, the
Islamic Republic of Iran, Iraq, Nepal, Oman and Uganda.
Regarding the draft resolution itself, I should like to make a few brief
comments. All the preambular paragraphs and operative paragraph I are the same as
in earlier resolutions. Operative paragraph 2 is almost identical with paragraph 1
of General Assembly resolution 36/38, which was adopted on the occasion of the
twenty-fifth anniversary of the AALCC. Operative paragraph 3 refers to the work of
the AALCC undertaken since 1983 for improvement of the functioning of the General
Assembly, including the presentation in December 1983 of an informal paper on the
working modalities of the Sixth Committee of the General Assembly, the preparation
of the study for the fortieth anniversary of the United Nations (A!40/726), the
recommendations of the AALCC Working Group in June 1986 (A/4l/437), the preparation
of a study on the World Court (A/40/682), and the organization of a colloauium on
the role of the World Court, which was recently held here in New York. Operative
paragraph 4 relates to the implementation of paragraph 2 of General Assembly
resolution 36/38 during the past five years; and in operative paragraph 5 it is
suggested that the item on co-operation between the United Nations and the AALCC
,
should now come up every two years in accordance with the general recommendations
of the AALCC Working Group.
Finally, I should like to thank all those delegations that have found it
possible to co-sponsor the draft resolution, which, in view of my belief that it
does not contain any controversial eler~~ts~ I si~eerely hope will be adopted by
consensus.
(Mr. Chagula, United Republic of Tanzania)
Sir John TIDMSON (United Kingdom) ~ I should like to begin by expressing
my thanks to the delegation of India for making it possible for me to speak at this
point in the debate.
I have the hooour to speak on behalf of the twelve ~mber States of the
Buropean Commllnity" The '.!)relve have long admired the work of the Asian-African
legal Consultative Coltlllittee (AALCC). We have lent support to many of the
initiatives it has taken over the thirty years of its life and we admire the legal
and diplomatic skills displayed by its long-standing 5ecretary-General,
Hr. Barry Sen.
We listened carefully to Mr. Sen·s statement this morning about the work of
the Consultative COItIiIittee durng the last twelve mooths. We should like, if we
may, to singl-.1 out one particular project undertaken in t'1at period, namely, the
Comnittee·s recOl'JIllendations fee improving and rationalizing the week of the General
Assembly whiCh was circulated to the membership of the United Nations in the annex
to document A/41/437 of 1 July 1986.
Much work has, of course, been done over the years to improve the way in which
we handle our business in the Assenbly, in particular in its min committees. B.1t
a good deal remains to be done if we are to carry out our wor k in the most
effective way and be seen to be doing so. It is in this respect that the AALCC·s
reconrnendations would, if suitably adopted, make a most useful c:ontr ibution. Some
of the Consultative Committee·s suggestions were mde also by the past presidents
of the Assembly and recorded in a united Nations Institute for Training and
Research (UNITAR) study circulated as General Assenbly document A/40/377. These in
turn received the support of the representative of Canada and the representatives
of many other countries, including some of the Twelve, during the 40th session of
the General Assembly. We believe that the reconmendations have very wide support.
Lastly, the 'lWelve believe that the AALCC's recommendations should be useful
to assist in taking forward in this respect consideration of the work of the Group
of High-level Intergovernmental EKperts. It is significant to note that their
implementation would not entail amending the General AsselTbly's rules of
procedure. The 'lWelve applaud th is useful initia tive taken by the AALCC and wish
it well in its wor k in the year s ahead.
Mr. BADllWI (Egypt) (interpretation from Arabic) ~ It gives me -pleasure to
be among the first speakers today while the General Assenbly is considering item 30
entitled ·C~peration between the united Nations and the Asian-African Legal
Consulta tive Committee (AALCC).· The delega tion of Egypt a ttaches special
importance to this item in view of its clear impact on the developnent and
codification of international legal norms through the establishment of a wider base
of understanding of and appreciation for the important role played by international
law in all areas with a view to improving the international climate and the
creation of a better world for all people.
Egypt's concern for the promotion of co-operation between the united Nations
and the Consultative Cormnittee arises from our deep belief in the mission of both
organizations on the regional and international level. This noble mission was the
reasQ'l for our participation in the es~ablishment of the lbited Nations, and for
our support for the establishment of the Consultative Conmittee as an inter regional
insti tution that works for the achievement of the same lofty goals of the United
Nations. The lbited Nations, as we have come to expect from it, has played a
leading role in the recognition of that Committee when it decided at the
thirty-fifth session to grant the status of permanent observer to the AALCC. The
Uni ted Na tions invi ted the COI-,lJ1Iittee to par tici pa te as an obs erver in the sess ions
and the deliberations of the General Assembly.
In the thirty-sixth sessiCX'l, \\bieb coincided with the 25th anniversary of the
establishment of the Conmittee, the United Nations decided to include the item
under consideration on its agenda as an express ion of the thi ted Na tion 's
appreciation for the important role played by the CCX'lsultative COlllDittee in the
ptollDtion of the efforts of the Orgmization both at the interregiooal and
international levels. Therefore the Coosultative COlIlllittee intensified its efforts
and activities so as to be worthy of the coofidence of the Organizatioo. It
expanded its areas of work to encompass co-operation in humanitariar and economic
fields in additioo to its co-operation in the progress ive development and
o'ldification of international law.' The COlllDittee did not confine its efforts and
activities to its MenDer States~ rather it expanded them to include all States
Members of the thited Nations.
we have listened with great care to the c0ntJrehensive statement made by
Mr. Sen, the secretary-General of the AALCC, as well as to the statement made by
the permanent representative of Tanzania in his capacity as current Chairman of
this Committee. It gives us pleasure to extend our congratulations to both of them
for their excellent presentation of the efforts of the CCX'lsultative COlllDittee and
the resul ts of those efforts made over 30 years of hard week. This year we mark
the thirtieth anniversary of the establishment of this Coltlllittee.
we were pleased to receive the report of the ll'lited Nations secretary-General
about the co-operation between the united Nations and the Ccmsultative Conmittee.
The report clearly reflects the progress made in all natter:s of III1tual concern. In
this regard we would like to emphasize the efforts made and the initiatives taken
by the Consultative Committee in three main areas: the encouragement of increased
reco'urse to the Internatiooal Court of Justice~ the efforts made to strengthen the
role of the Uni ted Nations through the ra tiooal iza tion of its fWlctiooal
modalities~ and international economic co-operation for developnent•
The International Court of Justice is the nain judicial organ of the thited
Nations. All Member States are ipso facto parties to the Statute of the Court.
Yet, many States are reluctant to accept its mandate and to refer their disp.1tes to
the Court under special agreement, preferring to refer their disputes to ad hoc
tr ibunals. That was me of the important mtters that CCXllm2:1"1~d the attention of
the M::!eting of the legal Advisers of the M::!mber States and the Cmsultative
COllIDittee in 1983. During that meeting it was decided that the Consultative
Conmittee would make efforts to encourage States to resext to the International
Court of Justice ex its special c:hamers, should the parties agree, instead of
resor ting to ad hoc tr ibunals.
On that basis the Asian-African Legal Consultative Committee (AALCC) prepared
a study on the auestion that was discussed during its twenty-fourth session, held
in Katmandu in February 1985. It was distributed as an official document of the
United Nations under item 31 of the General Assembly's agenda at its fortieth
session. This study received close attention from all States.
To complement its leading role in this regard, the Committee held a col1oauium
at the beginning of the month. The colloquium had the honour of being presided
over by the President of the International Court of Justice. During the co1loauium
a valuable exchange of views took place in which some of the members of the Court,
the cnrrent Chairman of the AALCC and its Secretary-General, the Chairman of the
sixth Committee, the Legal Counsel of the United Nations and the legal advisers of
Member States of the United Nations all took part. The effect of this was to
increase the importance attached to that matter at all regional and international
levels.
Similarly, in pursuance of its work in relation to the strengthening of the
role of the united Nations through rationalization of functional modalities, the
Committee took the opportunity of the commemoration of the fortieth anniversary of
the United Nations to submit a study entitled "Strengthening the role of the United
Nations through rationalization of functional modalities with special reference to
the General Assembly". This study was distributed as an official document of the
United Nations at the reauest of 53 delegations, from all regional groups. It
received widespread support while this item was under consideration in the General
Assembly last year. This is in addition to the fact that many States referred to
it while discussing the other relevant auestions, as the study contained realistic,
practical arrangements to ensure improved operation of the General Assembly and of
its subsidiary organs.
with the encouragesent of many States, the AAU:C established an open-ended
working group that held a series of aeetings in New York during April and June of
1986. My delegation had the honour to participate in that work. The working
group, after its review of the AALCC study and the other relevant studies, agreed
on a set of recoJilileiidat!QiiS to i=?:ove the !:"O~k of the General Assembly. The
recommendations were made available to the Group of High-level Intergovernmental
Experts to Review the Efficiency of the Administrative and Financial Functioning of
the United Nations. It was also distributed as an official docUJlfent at the
forty-first session.
We were pleased to see a clear reference to that set of recommendations in the
reconmendation 3 of the High-level Group of Experts. That reeoIllllendation was the
one that dealt with the procedures and methods of work of the General hsselllbly and
its subsidiary organs. The recomBendation reaffirmed a number of points, most of
which were identical to the recommendations of the AALCC in that regard. We were
particularly pleased to see that the recommendations of the Committee were welcomed
by many del~ations frOill all regional groups. This reflects its representation of
a wide spectrum of views of the Member States of the United Nations. The prospects
of reaching an agreement on most of these recommendations seem promising, if the
General Assembly, and in particular the General coaaittee, accord it the special
importance it deserves.
With respect to economic affairs, the COnsultative Committee demonstrated the
importance Jt attaches to the question of international co-operation for
development by its implementation of a pioneer project for the settlement of
disputes in economic and COIlElercial transactions. In the framework of that project
it decided to establish five regional centres for trade arbitration, two of which
(Mr. Badawi, Egypt)
were established at Kuala Lumpur and Cairo. They are currently performing their
function of helping in the promotion and implementation of the rules of arbitration
established by the United Nations Commission on International Trade Law
(UNCITRAL). Through a variety of activities, inclUding colloauiums and meetings,
the last of which was the colloquium held by the regional centre for international ...
~raae arbitLaticn in Cairo at the beginning of this year under the aegis of the
Consultative Committee. Representatives of States from different regional groups
attended the colloquium with a view to the promotion and im?lementation of these
rules.
The Consultative Committee continues to play a role in increasing capital
flows and transfers of technology to developing countries in the Asian-African
regions through its preparation of model bilateral agreements for promoting and
protecting investments, and its legal framework for joint ventures in the
industrial sector.
The Secretary-General of the United Nations was right in what he said about
multilateralism in his annual report about the work of the Organization:
ft[Its] champions are t~ be found not only amongst the Governments of Member
States. They exist in all walks of life, inclUding academic institutions and
the world media. I wish, in this connection, to refer specifically to the
many non-governmental organizations which share the goals and, in many
instances, the work of the United Nations. I am convinced that, in the coming
years, the United Nations will need to place even greater emphasis on close
communication and co-operation with these organizations. They constitute an
essential extension of the capacity of the United Nations to reach its global
constituency.ft (A/41/l, p. 17)
With this auotation, I come to the conclusion of my statement. I should like
to add only that the delegation of Egypt looks forward to continued close contact
and co-operation between the united Nations and the Consultative Committee.
I should like to express our full support for the draft resolution that has
been distributed.
Mr. JOSSE (Nepal): As a member of the Asian-African Legal Consultative
Committee (AALCC), my delegation has the honour to express its appreciation to the
Secretary-General for his report on co-operation between the United Nations and the
Asian-African Legal Consultative Commit~ee, circulated in document A/4l/653.
SUnilarly, we are also grateful to Mr. B. Sen, the Secretary-General of the AALCC,
for his introductory statement detailing the genesis, nature and scope of the
co-operative relations between the United Nations and the AALCC.
The AALCC, which has been enjoying permanent observer status with the United
Nations since 1.975, has co~leted 30 eventful years of existence. Emerging, as
Mr. Sen has said as a -tangible outcome- of the historic first Asian-African
Conference at Bandung in 1956, it has become one of the most representative
intergovernmental regional bodies dealing with international law.
(Mr. Badawi, Egypt)
As has been described in detail in the secretary-Generales repor:t, the
co-operative relationship betwet""n the united Nations and the AALCC has blOssomed
consider8bly since it was first initiated in 1981. Indeed, in the five years since
then the AALOC has played a very active role in the J.r~essive codification and
development of inter:national law, including in such ne~ areas as intes:national
economic co-operatim and the environment. As the secretary-General of the MLCC
has stated, it has also consciously sought to prOllDte inter-regional and
international co-operation supportitre of the broad initiatives of tl"e united
Nations.
Nepal has been observing the increasing role of the MLCC in the progressive
codification and development of international law with great interest and
admiration. In particular, we recall with appreciation MLCC's efforts in
prour>ting the ratification and implementation of the thited Nations Convention on
the Law of the sea, including the question of the right of access for land-locked
States to the living resources of the exclusive ecooomic zone and thu question of
transit through coastal States. Nepal noted the praiseworthy efforts of AALCC in
preparing a study on the strengthening of the thited Nations through a
rationalization of functional modalities, as part of its contribution to the
fortieth anniversary of the thited Nations. My delegation was pleased to have
participa ted in the deliberations of the AALCC Working Group to prepare some
concrete recommendations for submission to the General Assenbly at the present
session, which have been distributed in document A/4l/437. we believe this could
mark a beginning of negotiations leading to CNerdue reforms in the functioning of
the General Assembly.
·We highly conmend the efforts of the AALCC in promoting the wider use of the
International Court of Justice, as detailed in documes,t A/40/682. we aLe convinced
that the possible wider use of the Court by agreement of States parties would
contribute to the emancement of the PGcific settlement of disputes between States,
a cCXlcept that is entitely in keeping with the pr inciples of the Chartet of the
tlhited t~tiOiiS.
we also take favourable note of AALCC's efforts in the promotion of
in ternational economic co-opetation and i ts ~ecent initiatives on the ptClblem of
debt burden. we believe both are areas of considetable inter:est and concern to the
O1ited Nations and have mOte than a passing relevance to int«natiCXlal. peace and
harmony.
In this International Year of Peace my delegation takes special pleasure in
commending the efforts and imagina tion of the AALCC in ptODDting the progress ive
codifi,.."tion and developuent of international law as it relates to the question of
refugees and the concept of zmes of Peace. In particular, I wish to recall that a
preliminary study en the concept of peace zme in international law was ptepared by
A1\LCC ~Ot consideration at its Katmandu session last year, on wich occasion it
generated considerable interest. The same was true of its session in Arusha in
February of this year, leading to a decision by the AALCC to constitute an expert
group to considet the -content and impl ications of var ious ptoplsale, including
Nepal's~ for the esti'lblishment of Peace zones nade within and outside the thited
Nations.
Against this background, ray delegation is delighted to record its appreciation
of AALCC's hitj'lly commendable commitment and cmtributions to the progressive
codification and developnent of international law, in keeping with its co-operative
relationship with the U'lited Nations. We therefOte take pleasure in sponsoring
draft resolution A/41/L.6, on co-operation between the united Nations and AALCC,
and appeal foe its adoption by consensus.
Hr. LABERGE (Canada) (interpretation from French): It is my pr ivilege
today to address the General Asserrbly, under agenda i tern 30, on behalf of my
delegation and the delegations of Austra.:'ia, Austria, Denmark, Finland, Italy,
Japan, the Nether lands, Norway, S~ldin and Sweden. Since the begiming of 1985.
these delegations have consulted informally on lllatters of procedural refon. in the
tnited NaUons. we did so, first, in the context of the fortieth anniversary, and
have d.c:ne so since iUore broadly, wi th a large majori ty of the 1Iemer delega tions of
the General Assembly as well as with the secretariat. These consultations
continue, and we relllain open to the views of all dele9a tions. We continue to
adjust our approach, in general and specific terms, to take account of the whole
spectrum of opinions represented in the General Asselllbly, but our central
preoccupation remains the same~ to imprOlTe the operations of the Ora!J1ization for
the caDlDOil good.
• OUr informal reform group has been greatly impresseG by the labours of the
WClCking Group of the Asian-African Legal Consultative C:mnittee (AALCC), whose
efforts culminated in April and June of this year with a ser ies of reconmendations,
which have been circulated in General Asselllbly document A/4l/437. The proposals
introcl1oed by the AALCC Wor king Group are consistent with the process of reflection
and consultation that our group has gooe throu~ to identify practical steps to
imprOl7e tl1ited Nations operations. we believe that the Coosultative Conmittee's
recommendations represent a significant and valuable cootribution to efforts aimed
at imprOl7ing the functioning of the United Nations, an imprOl7ement that is
necessary if the Organization is to deal mexe effectively with the difficult
sulH:;tantive issues that are currently before us. As stated by Hr. sen, the
secretary-General of the Asian-African Legal Consultative Committee, the approach
of the l'br king Group was to focus upon those areas that offer good prospects of
progress in imprOl1ing the operations of the thited Nations as a wole.
(Mr. Iaberge, Canada)
We fully endorse his view that the ~~tcC has provided many excellent proposals
for further improvement and streamlining of the procedures of the General
Assembly - a long-overdue exercise. Our informal group believes that the
recommendations of the Working Group serve well to reinforce aspects of the work of
the Group of High-level Intergovernmental Experts that is currently under
consideration in this General Assembly. They also serve to shed fresh light on
earlier recommendations in the same vein set out in the various annexes to the
existing rules of procedure.
We believe that the current climate of reform may allow us to achieve
significant improvement in procedures. We would urge that all bodies and organs
within the United Nations take practical steps to improve their functioning and
streamline their operations so as to facilitate more detailed and considered
examination of the substantive issues that come before them in the course of their
work.
We therefore call upon the President of the General Assembly and the Chairmen
of all the Main C~mmittEes and sUbsiQia~y bodies to take action to improve the
functioning of the united Nations - inter alia through implementation of the
recommendations contained in document A/4l/437.
We reaffirm the role of the General Committee in advancing the work of the
General Assembly in accordance with the rules of procedure and the relevant annexes
thereto. We urge the Secretary-General, in preparing his annual memorandum on the
Organization of the regular session of the General Assembly, similarly to take into
account the recommendations of the AALCC Working Group.
Since reporting on this item at the fortieth session of the General Assembly,
some members of our informal group have indicated in letters to the
Secretary-General ~nd to all members of the General Committee our desire to see the
early adoption of the recommendations made by the Working Group of the AALCC:· Some
of us have made statements in the Special Political Committee and the Fourth
. Committee in support of the AALCC recommendation for harmonization of their
respective timetables. Some have made statements in the Sixth Committee urging
. iJ11?lementation of relevant AALCC rec011lUendations. In particular, members of our
group plan to urge, in all Committees, that resolutions be drafted in accordance
with AALCC recommendations.
Finally, we would reauest the Secretary-General to report in a separate
document, or perhaps in his report on the activities of the Organization, on
progress achieved in regard to procedural improvements. We emphasize that all
reform initiatives are in one way or another aimed at finding and implementing
means to make the United Nations more effective in the search for peace and
development, for security and eauality and for freedom and the rule of law.
They reflect our wish, which we hope is a collective one, to help to improve
the functioning of the Organization and its image in the world. It is to that end
that our 11 delegations, in co-operation with others, intend to pursue our efforts
to improve the functioning of the United Nations. We appeal to all Member States
for co-operation and support ill that endeavour. In conclusion, we particularly
applaud the efforts of the ~UCC and encourage that body, representative of so many
of our Members, to carry on with its work.
Mr. KlKUCHI (Japan): It is my great pleasure and privilege to address
this Assembly un agenda item 30, ·co-operation between the United Nations and the
Asian-African Legal Consultative Committee (AALCC),· particularly since this year
marks the Committee's thirtieth anniversary.
As Mr. Sen, Secretary-General of the AALCC, recalled in his statement earlier
this morning, the Committee was created in 1956 to study legal and technical
questions common to Asian and African countries. As one of its seven founding
members, Japan takes special pleasure in noting the Committee's steady and
remarkable e~pansion into a truly international organization which now comprises 38
member States and two associate member States.
My Government wishes to pay special tribute to Mr. Sen, who has served with
true distinction as the Committee's Secretary-General ever since its creation.
The AALCC is a uniaue international forum for the free exchange of views and
the discussion of common legal problems among experts from Asian and African
countries having diverse political, economic and social systems. It has also
served to promote peaceful solutions to various legal problems and disputes and has
provided young diplomats and lawyers with opportunities to gain expertise in the
ever.-expanding technical areas of law. The Committee has thus contributed to
greate~ understanding and to the development of friendly and co-operative relations
among those countries, not only in legal areas but in other fields as well.
But it is not only the countries of Asia and Africa that have benefited from
the work of the AALCC. As its activities expanded, co-operation with countries
from other regions and with other international forums became inevitable. It has
developed particularly close relations with such United Nations bodies as the
International Law Commission, the Commissio~ on International Trade Law, the
Conference on Trade and Development and the United Nations High Commissioner for
Refugees (UNHCR). In more recent years, particularly since it was granted observer
status in the General Assembly, the Committee has made valuable contributions to
the work of the Sixth Committee and, in fact, to the General Assembly as a whole.
Special mention should be made of the imPOrtant initiative it took on the
occasion of the fortieth anniversary of the General Assembly regarding the
strengthening of the role of the United Nations, with particular reference to the
General Assembly. The Committee established an open-ended working group here in
New York which submitted to the Assembly a series of recommendations for
rationalizing its procedures and improving its functions. My delegation fully
supports those recommendations and commends the Working Group for its efforts.
(Mr. Kikuchi, Japan)
As Mr. Sen pointed out in his statement, the recommendations represent a
compromise package and should therefore be acceptable to all delegations,
especially now that the need for improved United Nations efficiency and
effectiveness is universally recognized. My delegation hopes that consultations on
those recommendations will continue, so that they can be formally adopted and
incorporated into the annex to the General Assembly's rules of procedure. I should
like to urge all presiding officers of the Assembly and its subsidiary bodies, as
well as all Member states, to implement their contents insofar as possible in the
meantime.
The important achievements made thus far by the AALCC lie in promoting
co-operation among States in Asia, Africa and elsewhere, strengthening the legal
foundations of international relations and advancing the principles and purposes of
the United Nations. This augurs well for the success of its future activities. My
delegation will continue to extend its fullest co-operation to the Committee both
in participating actively as a member and in supporting the Committee's role within
the United Nd~ions system.
(Mr. Kikuchi, Japan)
Ml: ~ GHAREKBAN (India) \ We have listened with interest to the statements
made by the Secretary-General of the (hi ted H:l tions and the Secretary-General of
the Asian-African Legal Consultative Committee. we are grateful for their reports
on the ongoing co-operative activities between the thited Nations and the
Cmsultative COIIIDittee.
The As ian-Afr iean Legal Consultative COBIDittee, composed of exper t member s of
the Mellber States, was established in 1956 with the primary dljective of assisting
the Asian-Afr iean countr ies in the field of international law. The activities of
the Committee in various areas of international MW - such as the law of treaties,
environnent, outer space, international trade and eexmomic relations law and
commercial arbi tration and 0 ther areas, and abOl7e all the law of the sea - have
more than justified the expectations of its founding fathers. By nGi the
Consultative Committee has aCXIuired the status of a premier intergOl7ernmental
organization in the field of progreGsive deve10pnent and codifieation of
interna tional law.
It is a recognitiOn of the value and quality of the work of the Consultative
Committee that its annual sessions have been attracting, besides its own memer
States - which nCM number 40 - an increasing numer of States from all parts of the
world as well as representatives from the thited Nations and its specialized
agencies and other intergovernnental bodies. Furthermore, it has become a welcome
traditioo for the Secretary-General of the Committee or his representatives to
attend the sessicns of the International raw Conmission and the united Nations
Commission on Internatiooal Trade raw and for the representatives of these bodies,
in their turn, to attend the annual sessions of the Conmittee. On more than one
occasicn, even judges of the International Court of Justice have addressed annual
sessions of the Conmittee.
Moee importantly, the Consultative Committee, on the basis of systellli!ltic
sbldies prepared by its secretariat, has been discussing, at its annual and
intersessional Elcpert Group meetings, smjects 1Itlich are on the agenda of the
International Law COlllDissim, the united Nations Comission on Int.ernational Trade
Law, the thi ted Nations Commission on Trade and Development and the di plonatic
conferences convened under the auspices of the united Nations. This year the
secretariat of the Committee alsa tR=epared very useful backgro~d naterial for the
assistance of its Member States in their work at the current, forty-first, sessim
of the General Assent>ly.
At this stage, I should like to place on record my delegation's sincere
aptR=ecia tion for the outstanding con tr fuu tion made by Hr. Sen, the
secretary-General of the Coosultative COlllUittee, in raising the COlllDittee to its
present pre-eminent posi tion. I wish him all success in his future activi ties. We
are grateful to him and the C01'llllittee for the set of reconmendations contained in
ciJcument A/4l/437, for improvement of the functiming of the General AsseDbly.
Such reconmendatioos are indeed welcome at a time when the United Nations is making
every effort to streamline its functiooing.
The symposium on the role of the International Court of Justice, organized by
the Asian-African legal Consultative Canmittee during the current session of the
General Assembly, has made a US€lful contribution in explaining the wider use of the
pcocedures available under the Statute and the revised rules of the International
Court of Justice for settlem~nt of legal disputes amongst States parties. We are
glad to note that the symposium bcought to the sUP:face the potential of the c:haDber
procedJres of the International Court of Justice.
(Mr. Gharelchan, India)
We hope that the aatually adITantageous co-operation which subsists between the
United Nations and the Asian-Afr ican Legal Consultative COIIDittee will thrive in
future. SUch co-operation redounds to the benefit of the intes:national commtnity
and essentially serves the cause of world peace and order based on respect for rule
of law and justice.
We, as a c:o-sponsor of resolution A/4l/L.6 on agenda item 30, colllDend it to
the General Assemly for adoption by consensus.
Hr. AL-BINAI (oman) (interpretation from Arabic); I am pleased to
participate in this debate because my CO\Kltry is this mmth's Chairman of the Arab
Group, on whose behalf I am I10lII speaking, and is also a menber of the Asian-African
Lesal Consultative COIIIDittee, in Wlose activities we have participated and continue
to participate actively. OUr participation is based on the belief that any effort
tha t strengthens the role of the thited Ni!tions should involve oman and all the
other Arab c:ountries. The united Nations emerged in response to a need - which is
as acute as ever - for a body capable of playing a constructive role in solving
international pcoblems, safeguarding international peace and securi.ty, and
assisting the peoples of the world to build the future they were dreaming of. This
Organization has certainly met the challenge of the expectatioos of the peoples of
the world. Any shortcomings it nay bave stem from reasons beyond its control, as
is well known to the international OOJm1unity.
An evaluation of the work of the Organization demonstrates that its positive
c:ontributioos outweigh any of the negative aspeC?ts which SOille seek to exaggerate in
the pursuit of selfish and shortsighted purposes.
Through its members and observers, the Asian-African Legal Consultative
Committee has always sought to present constructive proposals and to enga,;e in
studies designed to strengthen the role of the international Organization, so that
(Mr. Gharekhcm, India)
it my CClltinue to play a paeitive role on the international scene and to be a
beacon in a world .darkened by many political, economic, social and other problems,
and a reliable instrument in th2 preservation of international peace and security.
The study that has been presented by the secretariat of the COJll1littee contains
a c:aaprehensive evaluation of thited Nations activities in various fields. It
draws attention to certain areas in whim imprOl7ing the functioning of the
Organization and dealing with shortcomings in the oaited Nations Charter would be
desirable.
A second point relates to humanitarian and social questions. In that regard,
certain norms have bean established by the thited Nations. However, implementation
has not been successful because Member States apply different cr iter la in regard to
the application of those norms. Hence, co-ordination between the norms established
by the O1ited Nations and those considered necessary by certain Member States is
required.
The study divides ecaaomic questions into two c:ate9cxies~ tec:bnical and
financial assistance to developing countries in accordance with the United Nations
Development Programme~ &"1d t."le restructuring of the wa:ld ecmOlllic order. With
regard to legal questions, the study deals with the difficulties facing the
pr incipal organs of the thited Nations.
A marked development has taken place in the activities of the C01!IIlittee, which
has participated in several calferences and numerous \\?'coetings under the auspices of
the Olited Nations and its agencies. Many results were achieved at the last two
sessions of the Committee, held in Katmandu in 1985 and Arusha this year.
Close co~peration continues wib'l the International Court of Justice and the
. International Law Commissicn. we should "lso keep in mind the most helpful
contributiUls of former Presidents of the General Assembly to the Coumittee's
acttvi ties.
Whatever the results of the activities of the CODIIIittee may be, it can never
become a magic wand that solves all the intractable accumulated problems at a
stroke, but it is one of the genuine means to that end. The developments facing
our organizatioo prove that it needs such initiatives, which are indeed worthy of
a ttention and appreciation by Member States •
The Arab countries have always reaffirmed, through their deeds and through
sta tements before the General Assembly or other pr incipal organs of the united
Na tions, that they support all well-thought-out and constructive measures to
preserve the United Nations, sustain it and pro~O'1g its existence, either through
effective participation in the solution of internatiooal problems QC in activities
aimed at fulfilment of the aspirations to independence and freedom of peoples still
under the yoke of colm ial ism.
(Hr. M-Bina!, ODan)
The Olited N!1tions was established to solve the intractable problems of the
wor ld~ therefore the internatio.nal coJmtlunity must close ranks to find solutions
which may help the QrganizatiQl to OITercome its present difficulties. Otherwise
the situation of the Organization itself will become an intract.able problem in need
of a solutiQl, thereby propelling us into a vicious circle. That was the very
premise from which the wer k of the AALCC was launched in a bid to enhance
co-operation vi th the thited Ni!tions.
We support the secretary-General's report (A/41/653) of 29 September 1986
rela ting to the agenda item Ql co-opera tion between the tbi ted Na Hons and the
Asian-African Legal Coosultative Conmittee. The Arab States support the draft
resolutim presentGd by a nunber of sponsors, including my country, the Sultanate
of Qnan, to continue and increase such co-operation. Indeed, many Arab States have
sponsored the draft resolution. We hope that such co-operation will prOlTe fruitful
and beneficial to all.
Mr. WlJEWARDANE (Sri Lanka)~ It gives me great pleasure to speak on
agenda item 30, "Co-operation between the tbited Nations and the Asian-African
regal Coosultative Cormnittee". My de-legate is a co-sponsor of draft resolution
A/4l/L.6, which I trust will be aoopted by consensus.
The Asian-African Legal Coosultative Conmittee (AALCC) celebrates its
th irtieth anniversary this year and has an impress ive record of achievements dur ing
those 30 years. Its fruitful co-operation with the united Nations formally
commenced at the thirty-fifth session of the General Assenbly when it was accorded
the status of Permanent a>server, but the relationship of the Conmi ttee with the
Menber States of the tbi ted Nations goes back nuch fur ther.
There is much to be coJmlended in the war k of the AALCC, which with a limited
budget and resources has prOlTided a very valuable service since its inception in
1956 as the Asian Legal Consultative Committee. In its formative years the
(Mc. Al-Hinai, Qnan)
Committee devoted itself to studies on issues and subjects of special importance to
newly independent States, such as citizenship and nationality, succession of
States, treatment of foreigners and so on.
The Committee, which had initially taken upon itself an advisory role with
regard to its seven original participating States, has over the years extended its
activities to meet the varying needs of a membership which now exceeds 40. The
beginnings of the AALCC are linked to the historic Bandung Conference. It has
emerged as a useful forum for co-operation between the Asian and African regions in
several areas of common concern. Its contribution to economic co-operation and
matters related to trade law are outstanding examples of its services.
The continuing work dona by the AALCC has an impact on the work of the United
Nations, particularly because of the global impact its work has had over the y~ars.
During the fortieth session of the General Assembly, which was a time for both
celebration and sober reflection on the future of the Organization, the AALCC made
a signal contribution. Its study ·Strengthening the role of the United Nations
through rationalization of function modalities with special reference to the
General Assembly· and the seminar it held in September 1985 and its recommendations
were, I believe, a valuable input to the review which the Assembly commenced this
month on the administrative and financial functioning of the United Nations.
The Secretary-General's report (A/4l/653) gives a detailed description of the
wide range of issues and subjects with which the Committee has concerned itself in
the period under review. These range from international trade law and the
International Court of Justice to the promotion of investment and refugee law.
This year, at its twenty-fifth session, held in Arusha, Tanzania, the
Committee stUdied the auestions of delimitation of the exclusive economic zone and
the continental shelf, right of access for land-locked States to the liVing
(Mr. Wijewardane, Sri Lanka)
resources of the zone and ii>'.~f:::1it through co~I.';1:.al States in the context of the
United Nations Convention ~~~ ~e taw of the sea. In the same field, at an earlier
session in May 1981 in Sri Lanka, a study was initiated on economic, scientific and
technical c:o~pera~jon in the use of the Indian O::ean. Since then, following
subsequent sessions in Tokyo and Katmandu, that initiative bas led to the
fur ther ing of co~peration to ensure optimal use of the ocean and managefllent of its
resources.
I do not wish to extend this brief statement unduly. The AALCC stands on its
record. African and ASian co-mtries in partiCUlar greatly value its contribution
to the clarificatial and elucidation of a nUllber of subjects and concerns of vital
iIlportance to us.
I would like to expcess Sri Lanka's special appreciation of the
secretary-General of the Commit'l:ee, Mr. B. Sen, for his .ie\1oted service to the
COIlDittee, whidl has now firmly established itself as a major intergovernmental
organizaticn playing a si~ificant role in the pcogressive de\1elo~ent and
codification of international law.
As a sp:msor of the draft resolution, lfW delegation has mum pleasure in
canm~ding it for acbption by this Assellb1y by consensus.
(Mr. ifijewardane, S,r. i Lanka)
Mr. CALERO RODRIGUES (Brazil): The work of the United Nations in
general, and in the field of international law in particular, cannot and is not
conducted as if it were in closed chambers. Doors must remain open and
co-operation should be maintained with the outside bodies and institutions that
labour in the same fields and that may well provide an invaluable contribution to
the work done at the United Nations.
A case in point is the co-operation between our Organization and the
Asian-African Legal Consultative Committee (AALCC). Since that co-operQtion was
formally established a few years ago, positive results ~ave been achieved.
Both the report of the secretary-General (A/41/653) and the statement of the
aecretary-General of the AALCC today give a clear picture of the activities of the
Committee and show how much we can profit in the United Nations from its studies,
initiatives and suggestions.
After 30 years of proficient work, always characterized by a high degree of
consciousness and by strict adherence to sound legal principles, the AALCC is to be
counted ~oday as an outstanding or9anization in t~ domain of codification and
development of international law. The Committee has addressed itself to auestions
such as the law of the sea, jurisdictional immunities of States, non-navigational
uses of international watercourses, settlement of disputes in economic and
commercial transactions, and has lately broadened its activities to include areas
as different as the E"'rengthening of the role of the United Nations through the
rationalization of functional modalities, the enhancement of international
co-operation for development, protection of the environment and the problem of
refugees. It is not only the list that is impreasive, but eaually imp~essive is
the quality of the work done.
A word of praise is in order for the 4U members of the Committee, with an
addi~ional enoomium for the Secretariat and for Mr. B. Sen, who has been a splendid
driving force and a permanent inspiration to the AALCC in its many accomplishments.
The Commit~ee is now studying ways and means to promote wider use of the
International Court of Justice and the colloauium recently held under the
chairmanship of Judge Nagendra Singh~ President of the Court, hears witness to the
relevance of the Committee's work in that field.
My delegation will continue to follow with interest the activities of the
AALCC, wishing it continued success in its endeavours and supports without
reservations all efforts to maintain and improve the co-operation between the
Committee and the United Nations.
Mr. ORDZHONIKIDZE (Union of Soviet Socialist Republics) (interpretation
from Russian): As the Assembly is aware, the Asian-African Legal Consultative
Committee (AALCC) was created at the initiative of an eminent statesman,
Mr. Jawaharlal Neh~u, after the Bandung Conference of 1955. Throughout its
30 years of history, the Committee has turned into a major intergovernmental
organization which represents an important permanent body on co-operation bPtween
Asian and African States. The Soviet union has constantly supported, and continues
to support, efforts to implement the Randung principles between the countries of
Asia and strengthening peace and security for all peoples. Of particular
significance are the current efforts of the Organization, in the greatly changed
conditions of the present-day world, the fundamental issue being whether mankind
will be able to avert the nuclear danger or whether the policy of confrontation
will prevail, leading to the probahility of a nuclear conflict.
The Committee did a great deal of work to try to find solutions for urgent
international legal problems and has also made a certain contributi.-- to a number
of conferences, for ex&mple, the Vienna Conference on Diplomatic Relations and the
~onference on the Law of the Sea, and recently the Committee participated as an
observer in the work of numerous bodies of the united Nations, such as the General
Assembly, the International Law Commission, the United Nations Commission
(Mr. Calero Rodrigues, Brazil)
on Internatiaaal Trade Law, the Ecmomic and Social Council and the Preparatcxy
Ccmmissim for the International sea-Bed Authority and for the International
Tribmal for the taw of the sea.
The COII!littee also considers a nunber of international legal ~cbl_s,
including sudl important issues as the creation of zmes of peace, the questio" of
the law of the sea, and prop3sals to include in a legal instrument elements on
fr iendly and good-neighbourly r elations of states in Asia and the Paci fic • By
considering the legal aspects, we believe the Ccmmittee will be able to play a more
active and positive role in the future in the crea tion of Cl systell of security in
the AlSian and Pacific region.
The Ccmmittee will also promote a broader recognition and ratification of
legal Q)cuments concluded within the thited Nations, for example, the Convention on
the taw of the sea. The COImDittee also conments on a nunber of documents and
treaties of interest to the countries of that regime At the mcst recent meeting
in Arusha, i t wa~ propt;)sed that the secretary-General help to prOllOte the process
of ratifica tion of the existing Convention on the taw of the sea.
We also comnend the activities of the Conmittee in considering the legal
aspects of the new in ternatiooal ecooomic order. At the same time, as far as the
studies on strengthening the role of the United Natioos and illprOV'ing the work of
the General Assenbly are concerned, as we see it the COIIUIittee should take a more
balanced and realistic approach aimed,' fir st and foremost, at carrying out the main
task of the thited Nations, that of maintaining inte=national peace and security,
abCNe all else.
In conclusion, I should like to wish the AALCC every success in its activities
aimed at strengthening internatiooal legal foundations and creating a safe wodd
free from war and weapons.
(Kr. Ckdzhonikidze, tSSR)
Hr. AL-WITRI (Iraq) (interpretation froa Arabic): At th~ outset, we
congratu1ate the Asian-African legal Consultative CClllllittee (AALCC) on the occasion
of its oollp1etion of 30 years of legal work within the f~alllework of the Afro-Asian
family.
My country is prOUd to have been one of the founding _lIIbers of this Coaaittee
and participated in its establishment in 1956 within the context of the momentous
Bandung CCXlference.
We have witnessed the development of this Committee and have watched its
membership grow from 7 to 40. It has grown from a small conmittee to an important
international committee. My country has played an effective part in the
COlllllittee's effor ts to promote the progressive developuent of international law.
The Committee has held many meetings in Baghdad, the first of which took place in
1965 ih"'ld the last in 1977. we have followed all its sessions with sympathy an6
The Conmittee has undertaken important legal studies concerning numerous
questions, including the question of the privileges and imml.l'lities of diplonatic
and consular missions, the question of the law of treaties and other important
matters. I wish to mention specifically the many regular and special sessions that
the Committee held to study the international law of the sea, to reconcile the
different points of view on this question and to arr ive at canpromise solutions of
the many problen.s, especially the question of the exploitation of the sea-bed, the
exclusive eCCllo:nic zone, the continental shelf and the rights of land-locked States
and geographically disadvantaged countr ies. The Collltlittee has wor ked effectively
in the field of international trade law. It has participated by submitting
important studies concerning the pI"oolems of international CiOlliIlercial arbitration.
It has established many regiooal centres in Africa and Asia for this purpose.
Furthermore, the Committee has formulated model contracts for internationall sales
so as to safeguard the interests of both sellers and buyers in the countries of
Africa and Asia. Moreover, theCOIlIDittee has recently expanded its fields of
interest by dealing with ecooomic questions, especially the question of developing
eoonomic co-operation between member countr ies and questions of development in the
developing countries. In addition to this, it has tackled humanitarian questions,
foremost among which is the refugee problem.
(Mr. Al-Wi tr i, Iraq)
This effective COIIl1littee constitutes a labor:atory for the interaction of the
ideas and viewpoints of African and Asian muntries and for the formulation of a
common opinion at pcoblems facing these colDtries. The African and Asian countries
are for the most part developing cauntr ies whim have recently bemme independent
and wich took no part in the laying down of the rules of traditional international
law. The Ccmmittee has mntributed and continues to contribute to the developnent
of these rules in such a way as to establish new international law ~:i.ch would
safeguard the interests of its peoples, as well as their legal rights.
The year 1981 marked a new p-aase in the development of the Committee, when it
entered into co-operation with the United Nations. Credit for this useful
co-operation is largely due to the secretary-General of the Utited Nations, as may
be seen from his report (A/41/653), as well as to the general secretariat of AALCC
itself, which has submitted many documents to the Uti ted Nations, the most
important of which are its study on the strengthening of the role of the United
Nations (A/40/726 and Corr.l, annex) and its study on the role of the International
Court of Justice (document A/40/682, annex).
In view of the foregoing, my delegation supports the draft resolution on
co-operation between the united Nations and the Comnittee (A/41/L.6).
Before conclUding, I wish to pay a tribute to the secretary-General of AALCC,
Mr. sen, for his wor It in 9U iding the Comnittee since its inception. He has str iven
wi th devotion and dedication to fur ther its activi ties. To him go our thanks and
our high esteem.
Mr. AL-KBl\SAWNEH (Jordan) (interpretation from Arabic) \ I should like to
begin my statement by expressing our thanks to the Secretary-Jeneral of the tllited
Nations for his oonprehensive report (A/41/653), in which he has clearly described
the state of co-operation between the tlli ted Ha tions and the As ian-African Legal
Consultative Coumittee (MLCC). I should like also to expcess our thanks and
(Mr. Al-wi tr i, Iraq)
appreciation to the secretary-General of the Consultative Committee, Mr. f.en, who
has presided over the work of the COIllDittee with great skill for aany yeal:s. It is
also my pleasure to express, on behalf of my delegation, our congra1;ulations t.') the
Consultative Comittee on coupleting 30 years of existence and particularly to the
general secretariat of the Committee for its continuing efforts to BeNe the aims
of the Conmittee and for the high qualit.y of the studies issued by the Coauittee.
The Consultative Committee is one of many outstanding orgcnizations that
provide good service to the cause of international law by spreading increasing
understanding of it. This in turn helps to prOlllOte the role of the thited N!tions
and regional and international oo~peration. The important role of the Committee
in the field of international law has earned it great international prestige and
the appreciation of many international organizations and States that are not
meDbers of the Committee, particularly becaus~ of the great interest aroused by the
studies issued by the COJlBDittee. Here I must mention the two studies prepared by
the Committee last ye~, one on the strengthening of the role of the thited Nations
(A/40/726 and Corr.l, annex) and the other on the role of the International Court
of Justice (A/40/682, annex), both issued as oocuments of the General Assemly at
its fortieth session.
The Consultativ~ Comittee partic:...pates in the co~rdination of the positions
of its mellber States on the issues it discusses. Among these issues, naturally,
are some of the items on the agenda of the united Nations General Assembly and its
Committees. Furthermore, the studies prepared and issued by AALCC are of g.:eat
value to the delegations of its memb~r States. The interest in the role and the
work of AALCC has grown with the enlargement of its memership and the increase in
the representation of many countries at its sessions at the ministerbl or other
high levels, particularly since the General Assembly at its thirty-fifth session
granted the status of permanent observer to the Consultative COIllDittee. Interest
(Hr. Al-Khasarmehc t Jordan)
also increased after the C~ttee expanded its activities to include ecooomic and
huunitarian issues. The fact that the General Assembly granted the status of
per1lCll1ent observer to the Consultative ComJIittee shows that the mternational
co_unity fully appceciates the Cc.ittee's work. Moreover, the fact that an item !
was included in the agenda of the General Assemly concerning co-operation between
the ,:,-'"itaJ Naticns and AALCC is further proof of that.
(Hr. Al-KhasaW1leh, Jordan)
Such co-operation between the United Nations and the Consultative Committee is
in the interest of both Organizations. Furthermore, it serves the interests of
international law, on the one hand, and inter~ationa1 co-operation on the othe~.
My delegation suppo~ts such co-operation and we hope that it will continue to be
promoted through consultations, studies and different programmes. I should like
here to mention the co11oa~ium held recently at the United Nations Headauarters
under the leadership of Mr. Nagendra Singh, President of the International Court of
Justice, on the role of the Court in solving international disputes as well as the
symposium held by the Committee in Cairo last December on arbitration. We believe
that such symposiums and colloauiums are very important and we call for further
colloauiums and symposiums to be held in co-operation with the United Nations. We
support other steps taken by the Committee in light of the fact that economic
issues take up most of its attention, such as the preparation of model bilateral
agreements for promoting and protecting investments t~4t can be followed by Member
states when entering i~to economic agreements with other States.
We also appreciate the fact that it has put forward a system for the
settlement of disputes in economic and commercial transactions, drawing inspiration
from the debates on commercial arbitration in the United Nations Comm~ssion on
International Trade Law (UNCITRAL). We wish full success to the working group
established by the Committee to study the debt crisis of developing countries.
In conclusion, my delegation wishes every success to the AALCC in its work.
We hope that co-operation between the Committee and the United Nations will
continue and indeed will grow.
(Mr. Al-Khasawneh, Jordan)
The Assembly will now take a decision on draft resolution
A/4l/L.6.
May I take it that the General AsseJllbly adopts draft resolutIon A/4l/L.6?
Draft resolution A/4l/L.6 was adopted (resolution 41/5).
This concludes our consideration of agenda item 30.
The meeting rose at 1.05 p.Jll.