A/44/PV.72 General Assembly
If there is no proposal under rule 66 of the rules of
procedure, I shall take it that the General Assembly decides not to discuss the
reports of the Sixth Committee which are before the Assembly today.
It was so dec ided.
Vote:
A/RES/44/30
Recorded Vote
Show country votes
— Abstain
(24)
✗ No
(1)
Absent
(8)
✓ Yes
(126)
-
China
-
Malawi
-
Bhutan
-
Yemen
-
Mauritius
-
Bangladesh
-
Singapore
-
Afghanistan
-
Benin
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Indonesia
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Syrian Arab Republic
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Saudi Arabia
-
Ethiopia
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Sudan
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Egypt
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Algeria
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Argentina
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Bahamas
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Bahrain
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Barbados
-
Plurinational State of Bolivia
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Botswana
-
Brazil
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Bulgaria
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Burundi
-
Chile
-
Colombia
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Congo
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Costa Rica
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Czechoslovakia
-
Democratic Yemen
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Ecuador
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Equatorial Guinea
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Fiji
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Gabon
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German Democratic Republic
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Ghana
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Grenada
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Guatemala
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Guinea
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Guinea-Bissau
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Guyana
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Islamic Republic of Iran
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Iraq
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Côte d'Ivoire
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Jamaica
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Jordan
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Lao People's Democratic Republic
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Liberia
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Madagascar
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Malaysia
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Mali
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Malta
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Mauritania
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Mexico
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Mongolia
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Morocco
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Nepal
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Niger
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Nigeria
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Oman
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Panama
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Papua New Guinea
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Paraguay
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Peru
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Philippines
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Poland
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Qatar
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Romania
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Rwanda
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Sao Tome and Principe
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Senegal
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Sierra Leone
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Somalia
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Sri Lanka
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Eswatini
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Thailand
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Trinidad and Tobago
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Tunisia
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Uganda
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Ukraine
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Union of Soviet Socialist Republics
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United Arab Emirates
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Myanmar
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India
-
Kenya
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Lebanon
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Maldives
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Pakistan
-
Cuba
-
Cyprus
-
Kuwait
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Togo
-
United Republic of Tanzania
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Uruguay
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Bolivarian Republic of Venezuela
-
Yugoslavia
-
Democratic Republic of the Congo
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Zambia
-
Albania
-
Cambodia
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Mozambique
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Chad
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Central African Republic
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Lesotho
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Haiti
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Gambia
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Nicaragua
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Cabo Verde
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Angola
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Seychelles
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Libya
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Viet Nam
-
Djibouti
-
Samoa
-
Suriname
-
Zimbabwe
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Saint Lucia
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Solomon Islands
-
Vanuatu
-
Saint Vincent and the Grenadines
-
Antigua and Barbuda
-
Brunei Darussalam
-
Burkina Faso
-
Cameroon
-
Belarus
Vote:
A/RES/44/31
Recorded Vote
Show country votes
— Abstain
(21)
✓ Yes
(131)
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China
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Malawi
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Bhutan
-
Yemen
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Mauritius
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Bangladesh
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Singapore
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Ireland
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Afghanistan
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Benin
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Indonesia
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Syrian Arab Republic
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Saudi Arabia
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Ethiopia
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Sudan
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Egypt
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Algeria
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Argentina
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Austria
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Bahamas
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Bahrain
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Barbados
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Plurinational State of Bolivia
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Botswana
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Brazil
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Bulgaria
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Burundi
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Chile
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Colombia
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Congo
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Costa Rica
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Czechoslovakia
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Democratic Yemen
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Dominican Republic
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Ecuador
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Equatorial Guinea
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Fiji
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Gabon
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German Democratic Republic
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Ghana
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Greece
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Grenada
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Guatemala
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Guinea
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Guinea-Bissau
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Guyana
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Islamic Republic of Iran
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Iraq
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Côte d'Ivoire
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Jamaica
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Jordan
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Lao People's Democratic Republic
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Liberia
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Madagascar
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Malaysia
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Mali
-
Malta
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Mauritania
-
Mexico
-
Mongolia
-
Morocco
-
Nepal
-
New Zealand
-
Niger
-
Nigeria
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Oman
-
Panama
-
Papua New Guinea
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Paraguay
-
Peru
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Philippines
-
Poland
-
Qatar
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Romania
-
Rwanda
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Sao Tome and Principe
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Senegal
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Sierra Leone
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Somalia
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Sri Lanka
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Eswatini
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Thailand
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Trinidad and Tobago
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Tunisia
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Uganda
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Ukraine
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Union of Soviet Socialist Republics
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United Arab Emirates
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Myanmar
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India
-
Kenya
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Lebanon
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Maldives
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Pakistan
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Cuba
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Cyprus
-
Kuwait
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Togo
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United Republic of Tanzania
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Uruguay
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Bolivarian Republic of Venezuela
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Yugoslavia
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Democratic Republic of the Congo
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Zambia
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Albania
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Cambodia
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Mozambique
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Chad
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Central African Republic
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Lesotho
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Haiti
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Gambia
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Nicaragua
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Cabo Verde
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Angola
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Seychelles
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Libya
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Viet Nam
-
Djibouti
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Samoa
-
Suriname
-
Zimbabwe
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Saint Lucia
-
Solomon Islands
-
Vanuatu
-
Saint Vincent and the Grenadines
-
Antigua and Barbuda
-
Brunei Darussalam
-
Burkina Faso
-
Cameroon
-
Belarus
Vote:
A/RES/44/32
Recorded Vote
Show country votes
— Abstain
(14)
✗ No
(5)
✓ Yes
(133)
-
China
-
Malawi
-
Bhutan
-
Yemen
-
Mauritius
-
Bangladesh
-
Singapore
-
Ireland
-
Afghanistan
-
Benin
-
Indonesia
-
Syrian Arab Republic
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Saudi Arabia
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Ethiopia
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Sudan
-
Egypt
-
Algeria
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Argentina
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Australia
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Austria
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Bahamas
-
Bahrain
-
Barbados
-
Plurinational State of Bolivia
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Botswana
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Brazil
-
Bulgaria
-
Burundi
-
Chile
-
Colombia
-
Congo
-
Costa Rica
-
Czechoslovakia
-
Democratic Yemen
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Dominican Republic
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Ecuador
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Equatorial Guinea
-
Fiji
-
Gabon
-
German Democratic Republic
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Ghana
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Greece
-
Grenada
-
Guatemala
-
Guinea
-
Guinea-Bissau
-
Guyana
-
Hungary
-
Islamic Republic of Iran
-
Iraq
-
Côte d'Ivoire
-
Jamaica
-
Jordan
-
Lao People's Democratic Republic
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Liberia
-
Madagascar
-
Malaysia
-
Mali
-
Malta
-
Mauritania
-
Mexico
-
Mongolia
-
Morocco
-
Nepal
-
New Zealand
-
Niger
-
Nigeria
-
Oman
-
Panama
-
Papua New Guinea
-
Paraguay
-
Peru
-
Philippines
-
Poland
-
Qatar
-
Romania
-
Rwanda
-
Sao Tome and Principe
-
Senegal
-
Sierra Leone
-
Somalia
-
Sri Lanka
-
Eswatini
-
Thailand
-
Trinidad and Tobago
-
Tunisia
-
Uganda
-
Ukraine
-
Union of Soviet Socialist Republics
-
United Arab Emirates
-
Myanmar
-
India
-
Kenya
-
Lebanon
-
Maldives
-
Pakistan
-
Cuba
-
Cyprus
-
Kuwait
-
Togo
-
United Republic of Tanzania
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Uruguay
-
Bolivarian Republic of Venezuela
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Yugoslavia
-
Democratic Republic of the Congo
-
Zambia
-
Albania
-
Cambodia
-
Mozambique
-
Chad
-
Central African Republic
-
Lesotho
-
Haiti
-
Gambia
-
Nicaragua
-
Cabo Verde
-
Angola
-
Seychelles
-
Libya
-
Viet Nam
-
Djibouti
-
Samoa
-
Suriname
-
Zimbabwe
-
Saint Lucia
-
Solomon Islands
-
Vanuatu
-
Saint Vincent and the Grenadines
-
Antigua and Barbuda
-
Brunei Darussalam
-
Burkina Faso
-
Cameroon
-
Belarus
Statements shall therefore be limited to explanations of
vote 0 The positions of delegations regarding the various recommendations of the
Sixth Committee have been made clear in the Committee and are reflected in the
relevant official records.
:
May I remind nembers that under paragraph 7 of decision 34/401, the General
Assembly agreed that
"When the same draft resolution is considered in a Main Committee and in
plenary meeting, a delegation should, as far as possible, explain its vote
only once, i.e., either in the Committee or in plenary meeting unless that
delegation's vote in plpnary meeting is different from its vote in the
Corrmit tee· •
May I also remind delegations that, also 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.
The Assembly will now consider the report of the Sixth Committee on agenda
item 138, entitled ·United Nations Programme of Assistance in the Teaching, Study,
Dissemination and Wider Appreciation of International Law", contained in document
A/44/761.
The draft resolution recommended by the Sixth Committee in paragraph 10 of its
report in document A/44/76l was adopted by the Committee without a vote. May I
take it that the General Assembly wishes to do the same?
The draft resolution was adopted (resolution 44/28) •
The PRESIDEN-!, I call on the representative of Cyprus for an explanation
of position on the draft resolution just adopted.
~OUSHIOTIS (Cyprus), In relation to this item, and bearing in mind
the objectives of the United Nations Decade of International La", I wish to refer
to the establishment of the Secretary-General's Trust Fund to assist st~tes in the
settlement of disputes through the International Court of Justice, and to inform
the Assembly that the Government of the Republic of Cyprus has decided to
contribute the amount of $5,000 to the Fund. The contribution is a reflection of
(The President)
cyprus' deep commitment to int~rnational law and strict adherence to it and its
application in the peaceful settlement of disputes between States. It is our firm
belief that all the principal ~rgans of the Organization can effectively contribute
to the solution of international disputes and problems, including that of cyprus.
We have concluded our consideration of aqenda item 138.
The Assembly will now consider the report of the Sixth Committee on agenda
item 139, entitled "Measures to prevent international terrorism which endangers or
takes innocent human lives or jeopardizes fundamental freedoms and study of the
unaerlying causes of those forms of terrorism and acts of violence which lie in
misery, frustration, grievance and despair and which cause some people to sacrifiee
human lives, including their own, in an attempt to effect radical changes",
contained in document A/44/762.
The Assembly will now take a decision on the draft resolution recommended by
the Sixth Committee in paragraph 12 of its report, document A/44/762. The Sixth
Committee adopted this draft resolution without a vote. May I take it that the
General Assembly wishes to do the same?
The draft resolution was ado2ted (resolution 44/29).
Vote:
44/28
Consensus
I call on the representative of Ghana for an explanation
of position on the draft resolution just adopted.
Mr. KUFUOR (Ghana): Ghana joined in the consensus on the adoption of the
resolution contained in document A/44/762. As we have indicated, Ghana has
reservations on the insertion of the phrase "and not justifiable" in paragraph 1,
because it can only lead to confusion in the absence of an agreed definition of who
1s a terrorist.
If an act is criminal, it follows that in the eyes of the law it is not
justifiable, therefore, the addition of the words "and not justifiable" would to
my delegation seem superfluous.
However, the real intention of the proponents of this phrase is to bring into
the ambit of the resolution the just struggle of peoples under colonial domination,
racist regimes and foreign occupation, and characterize them as criminal. This is
not acceptable to my delegation: the Charter of the United Nations, the
Declaration on the Granting of Independence to Colonial COuntries and Peoples,
contained in resolution 1514 (XV), the Universal Declaration of Human Rights and
other United Nations resolutions recognize the inalienabl~ right to
self-determination and independence of all peoples under colonial domination and
racist regimes, and uphold the legitimacy of their struggles, in particular the
struggles of national liberation movements.
My delegation also reserves its position on the insertion of the word
"legitimately" in the language of paragraph 17. It is inconsistent with the import of that paragraph.
As paragraph 17 stands in the present resolution, the Assembly Cleonsiders· the
right to self~etermination, freedom and independence but so circumscribes it that,
where this right is denied, waging a struggle to vindieate it would be impossible,
in particular in the context of municipal law. This is not the way it should be,
for we would be negating the right to self-&!fenoe as enshrined in Article 51 of
the Charter.
Peoples under colonial domination and raciRt regimes may use all the means at
their disposal, including the throwing of stones, in their struggle against their
oppressors. History is replete with hei"oic struggles by peoples for freedom and
self -determina tion. Had they wai ted to get legal dispensa tions from their
opPressors, they would still be groaning under the yoke of domination and
oppress ion. It seems to my de1ega tiCll that there are lIlfortma tely some who are
willing to sacrifice cherished rights for the sake of a dubious consensus.
As my delegation lIlderstMds it, the provisions of the resolution cover
ordinary terrorist activities, as we all know them, and is in no way intended to
affect the exercise of the right to self-determination and independence.
The" PlUS mEN'1', That concludes our consideration of agenda item 139.
The Assembly will next consider the report of the Sixth Committee (A/44/763)
on agenda item 140, ·Progressive development of the principles and norms of
international law relating to the new international economic order-.
The Asse1fbly will now take a decision on the draft resolution recommended by
the Sixth Committee in poiragraph 8 of its report.
A recorded vote has been reauested.
In'favour, Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Bahamas, Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Daru&salam, Bulgaria, Burkina Faso, Burmd!, Byeloruss ian Soviet Socialist Republic, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Congo, Costa Rica, COte d' Ivoire, Cuba, O/prus, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Djibouti, Ecuador, Egypt, Equatorial Glinea, Ethiopia, Fiji, Gabon, Gambia, German Democratic Republic, Ghana, Grenada, Glatemala, Glinea, Guinea-Bissau, Guyana, Haiti, India, Indones la, Iran (Islamic RePublic of), Iraq, Jamaica, Jordan, Kenya, Kuwait, Lao People's Demcratic Bepublic, lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldi'li'es, Mali, Malta, Mauritania, Mauritius, Mexico, Mo."1golia, Morocco $ Mozambique, Myanmar, Nepal, Nicaragua, Niger, Nigeria, Qnan, Pakistan, Pana., Papua New Guinea, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, Saint tucia, Sa int Vincent and the Grenadines, Samal, sao Tone and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Sri Lanka, Sudan, SuE'inane, Swaz Hand, Syr ian Arab Republic, Thailand, 1bgo, Trinidad and 1bbago, TUnisia, uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Arab &nirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, lUgoslavia, Zaire, Zambia, Zinbabwe
Against: wxembourg
Abstaining, Australia, Austr.ia, Belgium, canada, Denmark, Finland, France, Germany, Federal Republic of, Greece, Htmgary, Iceland, Ireland, Israel, Italy, Japan, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Turkev, Uni t:ed Kingdom of Great Br!tain and Northern Ireland, United States of America
The'draft resolution 'was 'ampted 'by '126'votes' to '1; 'with' 24' abstentions (resolution 44/30). *
The PlUSmDT, That concludes our consideration of agenda item 140.
The Assembly will now consider the report of the Sixth Committee (A/44/764l on
agenda item 141, "Peaceful settlement of disputes betw~n States".
I call on the representa tive of Finland, who wishes to spelllc in explana tion of
vote.
* Subseauently, the delegations of Dominica and the Dominican Republic advised the Secretar iat that they had intended to vote in favoutJ the delega tion of wxellbourg had intended to absb in.
five Nordic co\X\tries - Denmark, Iceland, Norway, Sweden and Finland.
We shall abstain in the voting on the draft resOlution conce~ning the peaceful
settlement of dispUtes. Our reasons for so doing can be found in our statement in
eXPlanation of vote in the Sixth Col'tlllittee on 22 Noven'ber 1989. We would only like
to add here that we were a co-sponso~ of amendments that were presented in a spirit
of compromise and in order to avoid a vote on this important matter. Our
amendments contained a proposal to delete opera tive paragraph 4 and a proposal to
formulate operative paragraph 5 so as to provide that the consideration of the item
would be merged with the consideration of the United Nations ~cade of
International Law. The former proposal received 29 affirmative ~otes, while 33
States abstained, 28 States voted in favour of the latteIi' proposal, while 41 States
abstained.
The Nordic countries regret that the amendmen~~ of which they were co-sponsors
could not be ampted and that consequently they will have to abstain in the voting
on the draft resOlution as a whole.
The- mESIDENT, The Assembly vU! now take a decision on the draft
resolution recommended by the Sixth Committee in paragraph 16 of its report
(A/44/764) •
A recorded vote has been requested.
A recorded'vote'wcs'taken.
In'favonr, Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgar ia~ Burkina Faso, Burtl'ldi, Byelor uss ian Soviet: Socialist IepUblic, Camercon, Cape Verde, Central African Republic, Chad, QlUe, China, Colombia, Congo, Ccsta Rica, COte d' Ivoi~e, Cuba, CYPrus, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Djibouti, Dominican Republic, ECuador, Egypt, Equatorial Guinea, Ethiopia, Fiji, Gabon, Ganbia, German Democratic Republic, Ghana, Greece, Grenada, Guatemala, Guinea, Guin ea-Bissau, G!yana, Hai ti, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, JalMica, Jordan, Kenya, Kuwait,' Lao People's Denocratic Republic, Lebanon, Iesotho, Liberia, Libyan Arab Jamahiriya, r4adagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Maud tius, Mexico, Mongolia, Morocco, Mozarrbicrue, ttfanmar, Nepal, New Zealand, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Papua New Qlinea, Paraguay, Peru, Philippines, Poland, Qatar, Ibmania, Rwanda, Saint Iucia, Saint Vincent and the Grenadines, Samoa, Sao ~me and Principe, Saudi Arabia, Senegal, Seychelles, Sierra leone, Singapore, Solomon Islands, Somalia, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Tbgo, Trinidad and Tobago, Tunisia, Uganda, Ukrainian Soviet Socialist RepUblic, Union of Soviet Socialist Republics, United Arab Emira tes, Uni ted Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Ham, Yemen, Yugoslavia, Zaire, Zarrbia, ZiJ1i)abwe
Against: Nale
Abstaining. Australia, Belgium, Canada, Denmark, Finland, France, Germany, Pederal Jepublic of, Hungary, Iceland, Israel, Italv, Japan, luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Turkey, Uni ted Kingdom of Great Britain and Northern Ireland, Uni ted States of America
The'draft'resolntion'was'adopted'by 131'votes'to'none,'with2l abstentions (reselu tion 44/31). *
The' PIUSIDENT, ! shall now call on those representatives who wish to
explain their vote 00 the resolutim just acbpted.
* Subsequently, the delegation of Dominica advised the Secretariat that it had intended to vote in favour.
Mr. 'GMRO (Peru) (interpretation from Spanishh In connection with the
draft resolu tion en the peaceful settlement of dispu tes between Sta test to be found
in paragraph 16 of document A/44/764, my delegation wishes to draw attention to the
statement we made in the Sixth Committee dUring this sesssioo of the General
Assen'bly. That statement oan be found in document A/C. 6/42/SR. 28.
MC'; DEDON (Franoe) (interpretation from Frenoh) I I have the honour to
speak on behalf of tbe 12 States menbers of the &.1ropean Coitlllunity in order to
explain their vote en the draft resolution Q\ the peaceful settlement of disputes.
Jl.mendments to the draft resolution were proposed in a spirit of compromise
during its oonsideratim in the Sixth Committee. All of the 12 States members of
the EUropean Community voted in favour of the amendment to paragraph 4 of the
draft. It received 29 votes in favour, with 33 abstentions. All of them also
voted in favour of the. amen&lent to paragrapn Si" on whioh there were 28 voms in
favour, ",1th 41 abs ten tions.
The 12 States members of the &.1ropean COlllllunity regret that these amendments
were not aCbpted and that, oonsequently, the majority of them did not support the
draft resolution in paragraph 16 of document A/44/764.
The" PRESIDENT, That oQ'loludes our consideratiQ'l of agenda item 141.
The HUSIDENT, I now invite menDers to turn their attention to the
report of the Sixth Committee (A/44/765) on aqenda i-t:em 142, entitled "Draft Code
of Crimes against the Peace and Security of Mankind".
The Assembly will now take a decis ion on the dra ft resolu tion recommended by
the Sixth Col1lllittee in paragraph 8 of its report.
A recorded vote has been requested.
A recorded vote was' taken.
In favour, Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladestl, Barbados, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian Soviet Socialist Republic, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Congo, Costa Rica, COte d'Ivoire, Cuba, ~prus, Czechoslovakia, Democratic Kampuchea, Denocra tic Yemen, Djibou ti, Dominican Republic, Ecuador, Egypt, EQuatorial Guinea, Ethiopia, Fiji, Gabon, Ganbia, German Democratic Republic, Ghana, Greece, Grenada. Guatemala, Guinea, GJinea-Bissau, Glyana, Haiti, Hungary, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Jamaica, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, lebanon, Iesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mau,,:itania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Nepal, New Zealand, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, Saint Iocia, Saint Vincent and the Grenadines, Samoa, Sao'lbme and Principe, Saudi Arab ia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Sri lanka, Sudan, Suriname, Swaz iland, Syr ian Arab Republic, 'Iba iland, '1bgo, Trinidad and 'lbbago, Tunisia, ~anda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, \\!goslav ia, Zaire, Zamb ta, Zimbabwe
1!gainst, France, Germany, Federal Republic of, Israel, United Kingdom of Great Britain and Northern Ireland, united States of Ametica
Abstaining, Belgium, Canada, Denmark, Finland, Iceland, Italy, Japan, wxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Turkey
The draft resolution was 'adopted by 133 votes to 5, with 14 abstentions (resolution 44/32).
The mEBromT, We have concluded our consideration of agenda item 142•
We turn next to the report of the Sixth ~~mittee (A/44/123) on agenda
item 143, enti tled "Report of the United Nations Corrmission on International Trade
La\:<' on the work of its twenty -second sess ion".
The Assenbly will now take a decision on the draft resolution reconmended by
the Committee in paragraph 8 of its report. As the Rapporteur of the Sixth
Colllllittee indicated with regard to operative paraqraph 5 of the draft resolution,
the dates for the conference of plenipotentiaries in Vienna will be 2 to
19 April 1991. The text of the draft resolution should therefore be corrected
accordingly.
The report of the Fifth Committee on the programme budget implications of that
draft resolution is contained in cbcument A/44/80CJ.
The Sixth Conrni ttee adopted this draft resolution without a vote. May I take
it that the General Assembly wishes to do the sane?
The draft" resolution was adopted (resolution 44/33)
The PRESIDENT' We have therefore concluded our considera tion of aqenda
item 143.
I now invite members to turn their attention to the report of the Sixth
Committee (A/44/766) on agenda item 144, entitled "Report of the Ad Hoc Commi t tee
on the drafting of an International Convention against the Recruitment, Use,
Financing and Training of Mercenaries".
The Assembly will now take a de"cision on the draft resolution recommended by
the Sixt~ Committee in paragraph 10 of its repo.rt.
(The President)
The Sixth Committee acbpted this draft resolution without Cl vote. May I take it that the Assembly wishes to do the same?
The 'draft· resolution 'was acbpted (resolution 44/34).
The PRESIDENTe I call on the repcE!sentative of Nicacagua, who wishes to
explain her posi tion cm the dra ft resolu tion.
Miss MONCADA'8mMUDl!2 (Nicaragua) (interpretation from Spanish) I The
delegation of Nicaragua is very pleased to note that the Sixth Committee and the
General Asseilbly have managed to conclude Md adopt ..,ithout a vote the text of the
International Convention against the Recruitment, Use, Financing and Training of
Mercenaries. In this connection we express OUl' thanks to the Ad Hoc Co1llllittee and,
in particular, its Chairman.
Nicaragua believes that with the adoption of this Convention we are taking a
posi tive step in the establishment of a legal framework which can have a posi tive
impact in controlling the activities of mercenaries recruited, financed and trained
frOfl\ outside and used to hamper the. exercise by soverei9n States of their right to
sovereignty and self-determination.
Hovever, we have some reservations with regard to some parts of the
Convention, which we shall not reiterate here, because these were made clear
throughout the work of the M' Hoc Corami ttee and ate knewn to delegations.
Nevertheless, my delegation would like to emphasize the fact that Nicaragua
believes that the definition of mercena~ies should not he confined to non-nationals
of any given country. It is public Icnowledge that the world of today has seen a
marked trend towards nationals of a country being contracted in large numbers by
other countries to carry out mercenary activities from outside against their
country of origin. Conseauently, the fact that the definition of mercenaries in
the Convention does not include na tionals whose very existence and activi ties
depend on a foreign Power is, we feel, a serious deficiency. I
(The President)
Nevertheless. because of its commitment to the international legal system. my
Government will give favourable consideration to accession to the Convention in due
course.
The PlUS mmT. We have today adopted the International Convention
against the Recruitment. Use. Financing and Training of Mercenaries. This
Convention is the product of compromise, after eight sessions of serious
negotiations by the nembers of the Ad Hoc Committee. It symbolizes, I think, the
POlitical will of the international community, despite initial differences, to
outlaw once and for all the activi ties of these soldiers of fortune, who have not
only contributed to the destabilization of the affected States but also plundered
and looted villages and farms in Africa, !atin America aad Asia. We commend all
those who took part in this serious exercise fOt their patience and their efforts.
Let me recall briefly that Nigeria took the initiative in having the item
included in the agenda at the thirty-fifth session of the General Assel'lbly as
follow-up action to the 1971 Conference of plenipotentiaries on humanitarian law in
armed conflicts. Nigeria spearheaded the adoption of article 47 of Protocol I
additional to the four general conventions on humanitarian law. It was at that
Conference that mercenaries were stripped of their prisoner-of~ar status.
Significant though that provis ion in the Addi tional Protocol my he, t"e
activities of mercenaries were still not regarded as unlilMful undet international
law. Yet those soldiers of fortune emharked upon destructive adventures into
several parts of AfriCA, Asia and taUn Ttnerica, causing considerable damage to
lives and property. Attempts by the Republic of Angola to plmish such criminals
were decried by some countries. Today, however, we have an international
instrument which q when ratified as provided for in the Convention, will give the
affected States parties authority either to punish or to extradite.
(Miss Moncada Be rmu&z. Nicaragua)
While the Conventim does not adeouately reflect all our concerns, it is
indeed a useful legal document, a milestone in the efforts at codification of the
rules of international law. We look forward to its entry into force as soon as
possible.
This ooncludes our consideration of agenda item 144.
(The President)
The Assembly will now consider the report of the Sixth Committee on agenda
item 145 (A/44/761), entitled "Report of the International law Conwission on the
work of its forty-first session". The Assembly will now take a decision on the
draft resolutions recommended by the Sixth Committee in paragraph 11 of its
report.
Draft resolution I is entitled "Report of the International Law Commission on
the work of its forty-first session". The Sixth Committee adopted the draft:
resolution without a vote. May I take it that the General Assemly wishes to do
the same?
Draft resolution I was adoPted (resolution 44/35).
The PRFSIDENT, Draft resolution I! is entitled "Consideration of the draft
articles on the status of the diplomatic courier and the diplomatic bag not
accanpanied hy diploma tic courier and of the draft optional protocols thereto".
The Sixth Conmittee adopted the draft resolution without a vote. May I take
it that the General Assembly wishes to do the same?
Draft resolution' n was adopted (resolution 44/36).
The PRESIDENT, The As~emhly has concluded its consideration of aqenda
item 145.
We turn no" to the report of the Sixth Committee on agenda item 146
(A/44/7GB), entitled "Beport of the Special Committee on the O\arter of the United
Nations and on the Strengthening of the Role of the Organization".
The Assembly will take a decision on the draft resolution recommended by the
Sixth Committee in paragraph 12 of its i:eport and on the draft decision recommended
by the Sixth Committee in paragraph 13 of the same report. The draft resolution is
entitled "Report of the Special Committee on the Charter of the United Nations and
(The President)
on the Strengthening of the Role of the Organization". The report of the Fifth
Committee on the programme budget implications of this draft resolution is
contained in document A/44/830.
The Sixth Committee adopted the draft resolution without a vote. May I take
it that the General Assembly wishes to do likewise?
The draft resolutio~ was adopted (resolution 44/37).
The draft decision is entitled "Resort to a Commission of
good offices, mediation or conciliation within the United Nations".
The Sixth Committee adopted the draft decision without a vote. May I take it
that the General Assembly wishes to do the same?
The draft decision was adopted.
The Assembly has concluded its consideration of agenda
item 146.
The Assembly will now turn ~o the report of the Sixth Committee on agenda
item 147 (A/44/769), entitled "Report of the Committee on Relations with the Host
Country" •
The Assembly will take a decision on the draft resolution recommended b¥ the
Sixth Committee in paragraph 8 of its report. The Sixth Committee adopted the
draft resolution without a vote. May I take it that the General Assembly wishes to
do the same?
The draft resolution was adopted (resolution 44/38).
The PRESIDENTI 1 now call on the representative of Czechoslovakia who
<.) wishes to explain his position on the draft resolution just adopted.
(The President)
Mr. MIRUL~ (Czechoslovakia) (interpretation from French): ~ delegation
participated in the adoption by consensus of the draft resolution on the report of
the Committee on Relations with the Host Country. At the same time mf delegation
considers it necessary to confirm its legal position with regard to the
restrictions, in terms of movement, mentioned in paragraph 4 of the resolution.
These were imposed by the host country upon staff of permanent missions to the
United Nations of several countries, including Czechoslovakia. It also put
restrictions on the nationals of those countries who are members of the United
Nations Secretariat.
Our position on this subject was expressed several times in the Committee on
Relations with the Host Country and in the Sixth Committee and a letter was
addressed to the Secretary-General by members of several missions affected by these
restrictions.
The differences which exist between the countries affected by the restrictions
and the host country should be resolved on the basis of international law, by means
which are available under the United Nations Headquarters Agreement and under the
Cbnvention on Privileges and Immunities of the United Nations.
The PRESIDENT, The Assembly has concluded its consideration of agenda
i~mln.
Next we shall consider the report of the Sixth Committee on agenda item 152
(A/44/710), entitled WInternational criminal responsibility of individuals and
entities engaged in illicit trafficking in narcotic drugs across national frontiers
and other transnational criminal activities: establishment of an international
criminal court with jurisdiction over such crimes".
The Assembly will now take a decision on the draft resolution recommended by
the Sixth Committee in paragraph 9 of its report. The Sixth Committee adopted the
draft resolution without a vote. May I take it that the General Assembly wishes to
do the same?
The draft resolution was adopted (resolution 44/39).
The Assembly has thus concluded its oonsideration of
agenda item 152.
The meeting rose at 11.40 a.m.
(The President)