A/51/PV.82 General Assembly

Thursday, Dec. 12, 1996 — Session 51, Meeting 82 — New York — UN Document ↗

The meeting was called to order at 3.05 p.m.
Vote: A/RES/51/82 Recorded Vote
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✓ Yes (158)
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✓ Yes (117)
Vote: A/RES/51/89 Recorded Vote
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— Abstain (76)
✓ Yes (89)
Vote: A/RES/51/100 Recorded Vote
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✓ Yes (114)
Vote: A/RES/51/103 Recorded Vote
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Vote: A/RES/51/106 Recorded Vote
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✗ No (3)
✓ Yes (103)
Vote: A/RES/51/107 Recorded Vote
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✓ Yes (79)
Vote: A/RES/51/109 Recorded Vote
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✓ Yes (92)
Vote: A/RES/51/111 Recorded Vote
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✓ Yes (114)
Vote: A/RES/51/112 Recorded Vote
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✓ Yes (100)
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— Abstain (84)
Vote: A/RES/51/116 Recorded Vote
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✗ No (1)
✓ Yes (136)

Reports of the Third Committee

This afternoon, the General Assembly will consider the reports of the Third Committee on agenda items 100 to 109, 110 and sub-items (a) to (e), 158 and 12. I request the Rapporteur of the Third Committee to introduce the reports of the Third Committee in one intervention. Ms. Sandru (Romania), Rapporteur of the Third Committee: I have the honour to present the reports of the Third Committee which, through better coordination and more efficient use of the time allocated to it, completed its work 15 days earlier than at the fiftieth session, adopting 63 draft resolutions and 9 draft decisions. The reports of the Third Committee are contained in documents A/51/608, A/51/609, A/51/610, A/51/611, A/51/612, A/51/613, A/51/614, A/51/615, A/51/616, A/51/617, A/51/618, A/51/619 and Add.1 to Add.5, and A/51/620. Under agenda item 100, entitled “Social Development, including questions relating to the world social situation and to youth, ageing, disabled persons and the family”, the report of the Third Committee in document A/51/609 contains, in paragraph 9, one draft resolution recommended for adoption by the General Assembly. Under agenda item 101, entitled “Crime prevention and criminal justice”, the report of the Third Committee in document A/51/610 contains, in paragraph 32, five draft resolutions recommended for adoption by the General Assembly. Under agenda item 102, entitled “International drug control”, the report of the Third Committee in document A/51/611 contains, in paragraph 9, one draft resolution recommended for adoption by the General Assembly. With reference to the latter part of paragraph 4 of the document, I wish to draw to the attention of the Assembly the fact that Turkey should be deleted from the list of subsequent sponsors because Turkey is an original sponsor of the draft resolution. Under agenda item 103, “Advancement of women”, the Third Committee recommends, in document A/51/612, paragraph 25, the adoption of four draft resolutions and, in paragraph 26, the adoption of one draft decision. I should like to draw the attention of the Assembly to a correction to be made to paragraph 14 (b) of the report, which falls under the discussion of draft resolution A/C.3/51/L.19, entitled, “Improvement of the status of women in the Secretariat”. Paragraph 14 (b) contains the text of a new operative paragraph that was added to the text of the draft resolution at the time of its introduction. In the editing process, the position of the phrases “including at the D-1 level and above” and “particularly those that are unrepresented and under-represented” was reversed. The paragraph should read as follows: This correction should also be reflected in the final text of the draft resolution, which appears in this report as draft resolution III. Under agenda item 104, “Implementation of the outcome of the Fourth World Conference on Women”, the Third Committee recommends, in document A/51/613, paragraph 8, the adoption of one draft resolution. Under agenda item 105, entitled “Report of the United Nations High Commissioner for Refugees, questions relating to refugees, returnees and displaced persons and humanitarian questions”, the report of the Third Committee in document A/51/614 contains, in paragraph 34, six draft resolutions recommended for adoption by the General Assembly. Under agenda item 106, entitled “Promotion and protection of the rights of children”, the Third Committee recommends, in document A/51/615, paragraph 23, the adoption of two draft resolutions and, in paragraph 24, the adoption of one draft decision. Under agenda item 107, “Programme of activities of the International Decade of the World’s Indigenous People”, the Third Committee recommends, in document A/51/616, paragraph 10, the adoption of one draft resolution. Under agenda item 108, “Elimination of racism and racial discrimination”, the Third Committee recommends, in document A/51/617, paragraph 15, the adoption of three draft resolutions and, in paragraph 16, the adoption of one draft decision. Under agenda item 109, “Right of peoples to self- determination”, the Third Committee recommends, in document A/51/618, paragraph 17, the adoption of three draft resolutions. The report of the Third Committee on agenda item 110, “Human rights questions”, is contained in documents A/51/619 and Addenda 1 to 5. Under agenda item 110 (a), entitled “Human rights questions: Implementation of human Under agenda item 110 (b), entitled “Human rights questions: Human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms”, the report in document A/51/619/Add.2 contains, in paragraph 65, 17 draft resolutions recommended for adoption by the General Assembly. Under agenda item 110 (c), entitled “Human rights questions: Human rights situations and reports of special rapporteurs and representatives”, the report in document A/51/619/Add.3 contains, in paragraph 71, 12 draft resolutions and in paragraph 72, two draft decisions recommended for adoption by the General Assembly. I wish to draw the attention of the Assembly to draft resolution XI. After the fourteenth preambular paragraph the following two preambular paragraphs should be inserted: “Encouraging the international community, acting through the United Nations and other international organizations as well as bilaterally, to enhance significantly humanitarian support for the people of the region and promote human rights, economic reconstruction, the repatriation of refugees and the holding of free elections in Bosnia and Herzegovina, “Welcoming the efforts of the European Union to promote respect for human rights and fundamental freedoms, and endorsing the Special Rapporteur’s recommendation that economic and other aid must be made conditional on meaningful progress on human rights.” Also, the end of the twenty-first preambular paragraph should read as follows: “... resolutions 1009 (1995) of 10 August 1995 and 1079 (1996) of 15 November 1996”. In operative paragraph 11, in the second and third lines, the words “free determination and full participation by” should be deleted, and the words “to participate freely and fully” should be inserted after the word “Kosovo”. Under agenda item 110 (d), entitled “Human rights questions: Comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action”, the report in document A/51/619/Add.4 contains, in paragraph 9, one draft resolution, and, in paragraph 10, one draft decision, recommended for adoption by the General Assembly. Under agenda item 110 (e), entitled “Human rights questions: Report of the United Nations High Commissioner for Human Rights”, the report in document A/51/619/Add.5 contains, in paragraph 8, one draft resolution recommended for adoption by the General Assembly. Under agenda item 158, entitled “Question of the elaboration of an international convention against organized transnational crime”, the report in document A/51/620 contains, in paragraph 8, one draft resolution recommended for adoption by the General Assembly. Last but not least, under agenda item 12, entitled “Report of the Economic and Social Council”, the report in document A/51/608 contains, in paragraph 12, three draft decisions recommended for adoption by the General Assembly. I wish to draw the attention of the Assembly to the fact that the titles of the draft decisions are missing from the report. Thus, in paragraph 12 of the document, the title of draft decision I should read, “Report of the Secretary- General on the activities of the International Decade of the World’s Indigenous People”; the title of draft decision II should be “Organization of work of the Third Committee and biennial programme of work of the Committee for 1997-1998”; and draft decision III should be entitled “Report of the Economic and Social Council”.
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 Third Committee which are before it today.

101.  Crime prevention and criminal justice Report of the Third Committee (A/51/610)

Vote: 31/37 Consensus

103.  Advancement of women Report of the Third Committee (A/51/612)

Vote: 31/37 Consensus

105.  Report of the United Nations High Commissioner for Refugees, questions relating to refugees, returnees and displaced persons and humanitarian questions Report of the Third Committee (A/51/614)

Vote: 31/37 Consensus

106.  Promotion and protection of the rights of children Report of the Third Committee (A/51/615)

Vote: 31/37 Consensus

108.  Elimination of racism and racial discrimination Report of the Third Committee (A/51/617)

Vote: 31/37 Consensus

12.  Report of the Economic and Social Council Report of the Third Committee (A/51/608)

Vote: 31/37 Consensus
It was so decided.

109.  Right of peoples to self-determination Report of the Third Committee (A/51/618)

Statements will therefore be limited to explanations of vote or position. “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, that is, either in the Committee or in plenary meeting unless that delegation’s vote in plenary meeting is different from its vote in the Committee.” May I 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. Before we begin to take action on the recommendations contained in the reports of the Third Committee, I should like to advise representatives that we are going to proceed to take decisions in the same manner as was done in the Third Committee, unless notified otherwise in advance. This means that where recorded votes were taken, we will do the same. I should also hope that we may proceed to adopt without a vote those recommendations that were adopted without a vote in the Third Committee.

(a) Implementation of human rights instruments Report of the Third Committee (Part II) (A/51/619/Add.1)

Vote: 31/37 Consensus

100.  Social development, including questions relating to the world social situation and to youth, ageing, disabled persons and the family Report of the Third Committee (A/51/609)

The Assembly will now take a decision on the draft resolution recommended by the Third Committee in paragraph 9 of its report. The Third Committee adopted the draft resolution entitled “The role of cooperatives in the light of new economic and social trends” without a vote. May I take it that the Assembly wishes to do the same?
Vote: 32/413 Consensus
Vote: 32/413 Consensus
Vote: 32/413 Consensus
Vote: 32/413 Consensus
Vote: 32/413 Consensus
Vote: 32/413 Consensus
The draft resolution was adopted (resolution 51/58).

(b) Human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms Report of the Third Committee (Part III) (A/51/619/Add.2)

It was so decided.
Vote: 32/413 Consensus
The Assembly will now take a decision on the five draft resolutions recommended by the Third Committee in paragraph 32 of its report. We turn first to draft resolution I, entitled “Action against corruption”. The Third Committee adopted draft resolution I without a vote. May I take it that the Assembly wishes to do the same?
Vote: 31/100 Consensus
Vote: 31/100 Consensus
Vote: 31/100 Consensus
Vote: 31/100 Consensus
Vote: 32/413 Consensus

Report of the Third Committee (Part IV) (A/51/619/Add.3)

Vote: 31/100 Consensus
Draft resolution I was adopted (resolution 51/59).
Vote: 31/100 Consensus
Draft resolution II is entitled “United Nations Declaration on Crime and Public Security”. The Third Committee adopted draft resolution II without a vote. May I take it that the Assembly wishes to do likewise?
Vote: 31/100 Consensus
Draft resolution II was adopted (resolution 51/60).
Vote: 32/95 Consensus
Vote: 32/95 Consensus
Vote: 32/95 Consensus
Vote: 31/100 Consensus
Draft resolution III is entitled “United Nations African Institute for the Prevention of Crime and the Treatment of Offenders”. The Third Committee adopted draft resolution III. May I take it that the Assembly wishes to do the same?
Vote: 32/413 Recorded Vote
✓ 79   ✗ 30   54 abs.
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✓ Yes (79)
Draft resolution III was adopted (resolution 51/61).
Vote: 31/169 Consensus
Draft resolution IV is entitled “Measures for prevention of the smuggling of aliens”. The Third Committee adopted draft resolution IV without a vote. May I take it that the Assembly wishes to do likewise? May I take it that the Assembly wishes to do the same?
Vote: 31/169 Consensus
Vote: 32/95 Consensus
Draft resolution IV was adopted (resolution 51/62).
Vote: 31/100 Consensus
Draft resolution V was adopted (resolution 51/63).
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 101?
Vote: 32/97 Consensus
Vote: 31/169 Consensus
It was so decided.

102.  International drug control Report of the Third Committee (A/51/611) Report of the Fifth Committee (A/51/719)

The Assembly will now take a decision on the draft resolution recommended by the Third Committee in paragraph 9 of its report. The report of the Fifth Committee on the programme budget implications of the draft resolution is contained in document A/51/719. The Third Committee adopted the draft resolution entitled “International action to combat drug abuse and illicit production and trafficking” without a vote. May I take it that the Assembly wishes to do the same?
Vote: 32/95 Recorded Vote
✓ 92   ✗ 19   55 abs.
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✓ Yes (92)
The draft resolution was adopted (resolution 51/64).
Vote: 32/97 Consensus
I shall now call on the representative of the United States of America, who wishes to explain his position on the resolution just adopted. May I remind delegations that explanations of vote are limited to 10 minutes and should be made by delegations from their seats.
In the Third Committee, the United States dissociated itself from We have certain reservations concerning the programme budget implications that I should like to highlight. First, we are concerned about the costs of the preparations for the 1998 special session outlined in the programme budget implications report presented to the General Assembly along with the draft of the resolution. We are also concerned that the costs of preparing the special session may restrict the United Nations International Drug Control Programme (UNDCP), detracting from the important work of UNDCP to deliver counter-narcotics assistance programmes. When the programme budget implications first became available, the United States and Mexico met with United Nations and UNDCP staff in New York to discuss its contents and express our concerns. The United States reluctantly dissociated itself from the Third Committee’s consensus adoption of the draft resolution because those concerns were not met. Simply put, the United States could not accept any resolution that has the potential effect of increasing the United Nations budget above the established level for the current biennium — irrespective of whether the issue is narcotics, which is a high priority, or any other issue. The programme budget implications originally stated that $290,500 in additional resources would be required during the current biennium. Even if all six expert group meetings and their associated costs of approximately $454,500 are eliminated, the Secretariat informs us that the savings associated with their elimination would be realized mostly in the form of reducing the extrabudgetary resources component of the costs. The Secretariat noted that donors had earmarked most extrabudgetary resources for the expert group meetings, and it could not assume that donors would be willing to make those extrabudgetary resources available for other general preparations for the special session. Thus, the Secretariat concluded, an additional $222,100 in new resources would have to be drawn from the contingency fund during the current biennium. We question whether the programme budget implications has been prepared at The General Assembly resolution invites the Commission on Narcotic Drugs (CND) to take appropriate measures to prepare for the special session. We wholeheartedly support thorough preparations for the special session of the General Assembly, but we do not support new proposals hidden in a budgetary implications statement. The programme budget implications have not been revised sufficiently even though there is room for budgetary savings to be found, such as, but not limited to, requiring most countries to pay their own way to the meetings and reducing the length of the CND in 1997 and 1998. We believe that the amount set aside by the Secretariat for consultant fees — $88,000 — and general temporary assistance — $359,000 — should have been reduced further. We agree with the concept of the special session, but we regret that our wholehearted support cannot be given to these budgetary matters. We are disappointed that the Secretariat has thus far been unable to eliminate the programme budget implications associated with this resolution, which we solidly support.
Vote: 31/169 Consensus
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 102?
Vote: 32/98 Consensus
It was so decided.
The Assembly has before it four draft resolutions recommended by the Third Committee in paragraph 25 of its report and one draft decision recommended by the Third Committee in paragraph 26 of the same report. I shall put the four draft resolutions and the draft decision to the Assembly one by one. After all the decisions have been taken, representatives will again have the opportunity to explain their vote.
Draft resolution I was adopted (resolution 51/65).
Vote: 32/99 Consensus
Draft resolution II is entitled “Traffic in women and girls”. The Third Committee adopted draft resolution II. May I take it that the Assembly wishes to do the same?
Draft resolution II was adopted (resolution 51/66).
The Third Committee adopted draft resolution III, entitled “Improvement of the status of women in the Secretariat”. May I take it that the Assembly wishes to do the same?
Vote: 32/100 Consensus
Draft resolution III was adopted (resolution 51/67).
Draft resolution IV is entitled “Convention on the Elimination of All Forms of Discrimination against Women”. The Third Committee adopted draft resolution IV. May I take it that the Assembly wishes to do likewise?
Draft resolution IV was adopted (resolution 51/68).
Vote: 32/101 Consensus
The Assembly will now take a decision on the draft decision entitled “Report of the Secretary-General on the Convention on the Elimination of All Forms of Discrimination against Women” recommended by the Third Committee in paragraph 26 of the report. May I consider that the Assembly wishes to adopt the draft decision?
The draft decision was adopted.
I now call on the representative of the Philippines, who wishes to speak on a point of order.
Vote: 35/94 Consensus
Vote: 32/100 Consensus
I wish to note that in the resolution entitled “Violence against women migrant workers”, the name of one of the sponsors is missing, and that I shall take this up with the Secretariat. Furthermore, as regards draft resolution II (resolution 51/66), entitled “Traffic in women and girls”, the names of many sponsors are missing, and I should like to read them out. In the draft resolution entitled “Violence against women migrant workers” (resolution 51/65), the name of Nigeria is missing.
The Assembly takes note of the statement made by the representative of the Philippines. May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 103?
It was so decided.
Vote: 33/173 Recorded Vote
✓ 114   ✗ 42   16 abs.
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Vote: 32/101 Consensus

104.  Implementation of the outcome of the Fourth World Conference on Women Report of the Third Committee (A/51/613)

The Assembly will now take a decision on the draft resolution recommended by the Third Committee in paragraph 8 of the report. I now call on the representative of Costa Rica, who wishes to make a statement in explanation of vote.
Mrs. Castro de Barish CRI Costa Rica on behalf of Group of 77 and China [Spanish] #21415
On behalf of the Group of 77 and China, I should like to inform the Assembly that, as I indicated on 4 November in the Third Committee, the Group met to take a stand on the inclusion of the phrase “within existing resources” or of other similar wording, such as “within the regular budget of the United Nations”. The Group decided to object to those phrases in the draft resolutions where this terminology was included because we consider this issue to be among the prerogatives of the Fifth Committee, as is specified in resolution 45/248 B VI, entitled “Procedures for administrative and budgetary matters”. Nonetheless, in this very special case, in which the draft resolution entitled “Follow-up to the Fourth World Conference on Women and full implementation of the Beijing Declaration and Programme for Action” will be adopted as it appears in document A/51/613, our Group has decided not to propose any change to operative paragraph 44. The Group hopes that this proposal will not lead to a vote on the draft resolution, to which we attach very special importance. For this reason, we will be pleased to associate ourselves with the consensus on this draft resolution on the Fourth World Conference on Women, and we are confident that all the necessary resources can be provided so that its goals can fully be attained.
Vote: 39/192 Consensus
The Third Committee adopted the draft resolution, entitled “Follow-up to the Fourth World Conference on Women and full implementation of the Beijing Declaration and Platform for Action” without a vote. May I take it that the Assembly wishes to do likewise?
The draft resolution was adopted (resolution 51/69).
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 104?
Vote: 351/97 Consensus
It was so decided.
The Assembly will now take a decision on the six draft resolutions recommended by the Third Committee in paragraph 34 of the report. May I take it that the Assembly wishes to do the same?
Draft resolution I was adopted (resolution 51/70).
The Third Committee adopted draft resolution II, entitled “Assistance to refugees, returnees and displaced persons in Africa”, without a vote. May I take it that the Assembly wishes to do likewise?
Vote: 40/143 Recorded Vote
✓ 57   ✗ 45   59 abs.
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Draft resolution II was adopted (resolution 51/71).
The Third Committee adopted draft resolution III, entitled “Enlargement of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees”, without a vote. May I take it that the Assembly wishes to do the same?
Draft resolution III was adopted (resolution 51/72).
Vote: 40/144 Consensus
The Third Committee adopted draft resolution IV, entitled “Assistance to unaccompanied refugee minors”, without a vote. May I take it that the Assembly wishes to do likewise?
Draft resolution IV was adopted (resolution 51/73).
The Third Committee adopted draft resolution V, entitled “New international humanitarian order”, without a vote. May I take it that the Assembly wishes to do the same?
Draft resolution V was adopted (resolution 51/74).
The Third Committee adopted draft resolution VI, entitled “Office of the United Nations High Commissioner for Refugees”, without a vote.
Draft resolution VI was adopted (resolution 51/75).
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 105? It was so decided.
The Assembly has before it two draft resolutions recommended by the Third Committee in paragraph 23 of the report and one draft decision recommended by the Third Committee in paragraph 24 of the same report. We turn first to draft resolution I, which is entitled “The girl child”. The Third Committee adopted draft resolution I without a vote. May I take it that the Assembly wishes to do likewise?
Draft resolution I was adopted (resolution 51/76).
Draft resolution II is entitled “The rights of the child”. The Third Committee adopted draft resolution II without a vote. May I take it that the Assembly wishes to do the same?
Draft resolution II was adopted (resolution 51/77).
The Assembly will now take a decision on the draft decision entitled “Document considered by the General Assembly in connection with the question of the promotion and protection of the rights of the child”. The Third Committee adopted the draft decision. May I consider that the Assembly wishes to do likewise?
The draft decision was adopted.
The United States is a strong supporter of efforts to protect the world’s children. We give tangible evidence of this support by contributing significantly, more than any other country, to the United Nations Children’s Fund’s general resources and to the Office of the United Nations High Commissioner for Refugees. We strongly affirm the intent of this resolution to protect the rights and welfare of children. For these reasons, we have joined the consensus. We are not, however, prepared to endorse the changes to resolutions on children’s issues previously agreed to in other forums or to endorse provisions inconsistent with the laws and customs of war as are found in the resolution before us. Nor has the United States changed its position as articulated in numerous international forums regarding age-specific restrictions on recruitment into and participation in armed forces. Concerning reservations to international conventions, the United States continues to support the language in the United Nations Commission on Human Rights resolution 1996/85 on the rights of the child, which we also co- sponsored. By contrast, operative paragraph 4 of the current resolution asks States to review the compatibility of their reservations with article 51 of the Convention on the Rights of the Child and other relevant rules of international law. We are not aware of other relevant rules of international law precisely on this point. With regard to the portions of the resolution dealing with children in situations of armed conflict, the United States firmly supports the efforts to bring to an end practices that are inconsistent with international norms and the laws of armed conflict. However, we also believe that the General Assembly must be extremely cautious when addressing the laws of armed conflict and humanitarian law, the development of which must take place in forums that are adequately prepared to address the complex technical issues that are involved in these questions. The following examples demonstrate some of the inconsistencies that we found in the resolution. In general, the relevant provisions of the Convention on the Rights of the Child, in particular article 38, paragraph 2, should have been used to clarify what is meant by “child To the extent that operative paragraph 23 refers to the hospital zones and neutralized zones contemplated by the Geneva Conventions of 1949, we support the sentiment expressed. However, the terms “corridors of peace” and “days of tranquillity” have no accepted meaning or legal effect. Concerning operative paragraph 31, the United States believes that the resolution should have used the language on sanctions agreed to at the International Committee of the Red Cross meeting in Geneva last December. Finally, the United States strongly supports efforts to eliminate exploitative forms of child labour, and we commend the continuation of those efforts.
I call on the representative of Costa Rica on a point of order.
I wish simply to refer to operative paragraph 5, section I, of draft resolution II (resolution 51/77), entitled “The rights of the child”, which is contained in document A/51/615. In this paragraph, States parties to the Convention on the Rights of the Child are urged to accept the amendment to paragraph 2 of article 43 of the Convention, which would increase the membership of the Committee on the Rights of the Child from 10 to 18 experts. Exactly one year has passed since the Conference of States Parties to the Convention on the Rights of the Child, held on 12 December 1995, decided to adopt, without a vote, the amendment to article 43, paragraph 2, of that Convention, proposed by Costa Rica. The decision of the Conference of States parties was adopted without a vote by the General Assembly in resolution 50/155 of 21 December 1995. For the amendment to enter into force, the States parties to the Convention must respond to the Secretary- General, who, as depository, consulted them through a note dated 29 March 1996. Thus far, only some 12 responses Costa Rica therefore cordially and respectfully appeals to those States to express their acceptance of the amendment so that we may achieve our goal of providing the Committee with eight additional experts, who will undoubtedly contribute their talents to the important functions which the Committee on the Rights of the Child is exercising for the benefit of children throughout the world who are so in need of assistance.
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 106?
It was so decided.

107.  Programme of activities of the International Decade of the World’s Indigenous People Report of the Third Committee (A/51/616)

The Assembly will now take a decision on the draft resolution recommended by the Third Committee in paragraph 10 of its report (A/51/616). The Third Committee adopted the draft resolution, “International Decade of the World’s Indigenous People”, without a vote. May I consider that the Assembly wishes to do likewise?
The draft resolution was adopted (resolution 51/78).
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 107?
It was so decided.
The Assembly will now take a decision on the three draft resolutions recommended by The Third Committee adopted draft resolution I, “Measures to combat contemporary forms of racism, racial discrimination, xenophobia and related intolerance”, without a vote. May I take it that the Assembly wishes to do likewise?
Draft resolution I was adopted (resolution 51/79).
The Third Committee adopted draft resolution II, “International Convention on the Elimination of All Forms of Racial Discrimination”, without a vote. May I take it that the Assembly wishes to do likewise?
Draft resolution II was adopted (resolution 51/80).
The Third Committee adopted draft resolution III, “Third Decade to Combat Racism and Racial Discrimination”, without a vote. May I take it that the Assembly wishes to do the same?
Draft resolution III was adopted (resolution 51/81).
The Assembly will now take a decision on the draft decision entitled “Document considered by the General Assembly in connection with the elimination of racism and racial discrimination”. The Third Committee adopted the draft decision without a vote. May I consider that the Assembly wishes to do likewise?
The draft decision was adopted.
I now call upon the representative of the United States of America, who has asked to make a statement in explanation of position.
The United States Government joined in the consensus adoption of draft resolution III as a reflection of its essential commitment to the goals and purposes of the Third Decade to Combat Racism and Racial Discrimination. My Government interprets operative paragraph 24 as not prejudging the outcome of discussions at the 1997 session of the United Nations Commission on Human Rights with regard to a possible world conference. Our view is well known that the resources required for a world conference would be more effectively applied to programmatic efforts to combat The United States Government interprets operative paragraph 9 of draft resolution I on measures to combat all forms of racial discrimination to be consistent with recognized and accepted principles of freedom of expression.
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 108?
It was so decided.
The Assembly will now take a decision on the three draft resolutions recommended by the Third Committee in paragraph 17 of its report (A/51/618). Draft resolution I is entitled “The right of the Palestinian people to self-determination”. A recorded vote has been requested. [Subsequently, the delegation of the Congo informed the Secretariat that it had intended to vote in favour.]
A recorded vote was taken.
Draft resolution I was adopted by 159 votes to 3, with 12 abstentions (resolution 51/82).
Draft resolution II is entitled “Use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self- determination”. A recorded vote has been requested. [Subsequently, the delegation of Congo informed the Secretariat that it had intended to vote in favour.] May I take it that the Assembly wishes to do the same?
A recorded vote was taken.
Draft resolution II was adopted by 117 votes to 17, with 39 abstentions (resolution 51/83).
Draft resolution III was adopted (51/84).
I call on the representative of the Russian Federation to make a statement in explanation of vote.
As a sponsor of the Middle East process, we have always been in favour of developing the region’s potential for implementing the agreements reached and resolving remaining problems. Hence, we have always emphasized the need to take account of the legitimate interests of all countries, including the people of Palestine, in the exercise of their right to self-determination. However, this does not in any way prejudge the outcome of the Israeli-Palestinian talks. This year, therefore, we were able to vote in favour of the draft resolution on the right of the Palestinian people to self-determination.
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 109?
It was so decided.

110.  Human rights questions Report of the Third Committee (Part I) (A/51/619)

May I take it that the General Assembly wishes to take note of Part I of the Third Committee’s report (A/51/619)?
It was so decided.
I call on the representative of Egypt for an explanation of vote before the voting. I should like to express the views of the Egyptian Government in respect of its obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. We consistently cooperate with the Committee against Torture in a constructive and positive manner. Egypt is pleased to cooperate with all the Special Rapporteurs on this matter and to respond to any questions they may have. The Egyptian delegation does not wish to affect the consensus on the draft resolution, because we believe it is essential to put an end to all forms of torture, a priority issue for us. We must also put an end to other cruel and inhuman treatment. I cannot claim, however, that we are fully satisfied with the draft resolution. I would specifically note the paragraphs on the report of the Committee against Torture and its methods. We trust that improvements will be made at the next session. Our desire to preserve the consensus does not mean that we accept the work on the methods of the Committee against Torture. Several negative aspects were taken up in our consideration of the item. This led to certain conclusions that are not based on sound information and do not describe the actual situation accurately or precisely. As a result, a very brief note was issued with respect to Egypt’s annual report. However, the legal background and evidence that Egypt submitted during its dialogue with the Committee was not fully taken into account. The Committee has yet to respond to Egypt’s arguments, which are not reflected in its annual report, despite a request by Egypt to that effect. This is contrary to the spirit and the letter of article 20 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and has prompted the Egyptian delegation to explain its position in detail in a General Assembly document. Egypt has never been a State where torture is carried out regularly or systematically, as might be inferred baselessly from the report. The only exceptions are those individual cases in which suspects have been prosecuted in accordance with the law following a full investigation. The Egyptian Government has always respected the law In conclusion, I wish to reconfirm that the Government of Egypt does comply fully with its commitments and obligations under the international conventions to which it is party, including the Convention against Torture. We also act in accordance with the laws and Constitution of our country, not simply or exclusively in compliance with a legal obligation, but based on Egypt’s beliefs in the rule of law, which is the very basis of democracy. There can be no progress or prosperity for the people of Egypt without democracy.
(spoke in Arabic)
The Assembly will now take a decision on the four draft resolutions recommended by the Third Committee in paragraph 27 of Part II of its report (A/51/619/Add.1). We turn first to draft resolution I, entitled “International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families”. The Third Committee adopted draft resolution I without a vote. May I take it that the Assembly wishes to do the same?
Draft resolution I was adopted (resolution 51/85).
The Third Committee adopted draft resolution II, entitled “Torture and other cruel, inhuman or degrading treatment or punishment”, without a vote. May I take it that the Assembly wishes to do likewise?
Draft resolution II was adopted (resolution 51/86).
Draft resolution III is entitled “Effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights”. The Third Committee adopted draft resolution III without a vote. May I take it that the Assembly wishes to do likewise?
Draft resolution III was adopted (resolution 51/87).
The Third Committee adopted draft resolution IV, entitled “Commemoration of the fiftieth anniversary of the Universal Declaration of Human Rights”, without a vote. May I take it that the Assembly wishes to do the likewise?
May I take it that it is the wish of the General Assembly to conclude its consideration of sub-item (a) of agenda item 110?
It was so decided.
I shall now call on those representatives wishing to speak in explanation of vote before the voting.
Mr. Reyes CUB Cuba [Spanish] #21454
We would like to make the following observation with regard to draft resolution II, entitled “Strengthening of the Office of the United Nations High Commissioner for Human Rights/Centre for Human Rights”, contained in document A/51/619/Add.2 and recommended by the Third Committee to the General Assembly for adoption. This draft resolution was the result of a lengthy negotiating process in which Cuba participated actively. It contains no value judgement whatsoever in respect of the restructuring process of the Centre for Human Rights. This is a complicated exercise which is still in the embryonic stage and requires a thorough analysis in the bodies that have competence in this area: the Commission on Human Rights, the Economic and Social Council and the General Assembly itself. The consensus achieved on this draft resolution can therefore not be used to impose conditions or to limit the role to be played by Member States in the strengthening, streamlining and simplification of the United Nations mechanism in the area of human rights in order to enhance its efficiency and effectiveness. The restructuring of the Centre for Human Rights is included in this process.
My delegation has no difficulty with section J of document A/51/619/Add.2 on draft resolution A/C.3/51/L.56, entitled “Situation of human rights in Cambodia”. Cambodia, a newly independent democracy respectful of human rights, was As Cambodia is currently experiencing its newly found freedom, democracy and multi-party system, my Government cooperates very closely in the field of human rights with the Secretary-General’s Special Representative on human rights in Cambodia, Ambassador Thomas Hammarberg. My delegation considered the Special Representative’s report on the situation of human rights in Cambodia, contained in document A/51/453 of 4 October 1996, to be very balanced. May I further inform the Assembly that, on 17 September 1996, comments and clarifications were submitted by my Prime Minister on the Special Representative’s report, contained in document A/51/453/Add.1 of 29 October 1996. My delegation encourages representatives to read the Cambodian Government’s clarifications and would appreciate their support in the consensus adoption of this draft resolution. It will, indeed, help improve the human-rights image of my country, which the international community has always recommended and supported. I would further add that, over the past three years, there have been great changes and successes, including human-rights training for police officers and judges and the formation of the Parliamentary Commission on Human Rights. More improvements are on the way as Cambodia heads towards a truly open society.
The Assembly has before it 17 draft resolutions recommended by the Third Committee in paragraph 65 of Part III of its report (A/51/619/Add.2). I shall put the 17 draft resolutions to the Assembly one by one. After all the decisions have been taken, representatives will again have the opportunity to explain their vote. We turn first to draft resolution I, “Respect for the right to universal freedom of travel and the vital importance of family reunification”. A recorded vote has been requested. [Subsequently, the delegation of the Congo informed the Secretariat that it had intended to vote in favour.] The Third Committee adopted draft resolution II without a vote. May I take it that the Assembly wishes to do the same?
A recorded vote was taken.
Draft resolution I was adopted by 89 votes to 4, with 76 abstentions (resolution 51/89).
Draft resolution II was adopted (resolution 51/90).
Draft resolution III is entitled “Effective promotion of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities”. The Third Committee adopted draft resolution III without a vote. May I take it that the Assembly wishes to do the same?
Draft resolution III was adopted (resolution 51/91).
Draft resolution IV is entitled “Extrajudicial, summary or arbitrary executions”. The Third Committee adopted draft resolution IV without a vote. May I take it that the Assembly wishes to do the same?
Draft resolution IV was adopted (resolution 51/92).
Draft resolution V is entitled “Elimination of all forms of religious intolerance”. The Third Committee adopted draft resolution V without a vote. May I take it that the Assembly wishes to do likewise?
Draft resolution V was adopted (resolution 51/93).
We now turn to draft resolution VI, entitled “Question of enforced or involuntary disappearances”. The Third Committee adopted draft resolution VI without a vote. May I take it that the Assembly wishes to do the same?
Draft resolution VI was adopted (resolution 51/94).
Draft resolution VII is entitled “Follow-up to the United Nations Year for Tolerance”.
Draft resolution VII was adopted (resolution 51/95).
Draft resolution VIII is entitled “Strengthening of the rule of law”. The Third Committee adopted draft resolution VIII without a vote. May I take it that the Assembly wishes to do the same?
Draft resolution VIII was adopted (resolution 51/96).
Draft resolution IX is entitled “Human rights and extreme poverty”. The Third Committee adopted draft resolution IX without a vote. May I take it that the Assembly wishes to do the same?
Draft resolution IX was adopted (resolution 51/97).
Draft resolution X is entitled “Situation of human rights in Cambodia”. The Third Committee adopted draft resolution X without a vote. May I take it that the Assembly wishes to do the same?
Draft resolution X was adopted (resolution 51/98).
Draft resolution XI is entitled “Right to development”. The Third Committee adopted draft resolution XI without a vote. May I take it that the Assembly wishes to do the same?
Draft resolution XI was adopted (resolution 51/99).
Draft resolution XII is entitled “Enhancement of international cooperation in the field of human rights”. A recorded vote has been requested. A recorded vote was taken. In favour: Against: Albania, Andorra, Australia, Austria, Belgium, Bulgaria, Canada, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Marshall Islands, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, The former Yugoslav Republic of Macedonia, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America Abstaining: Argentina, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Croatia, Cyprus, Equatorial Guinea, Fiji, Georgia, Kazakstan, Kyrgyzstan, Palau, Paraguay, Russian Federation, Zaire The Third Committee adopted draft resolution XIII without a vote. May I take it the Assembly wishes to do the same?
Draft resolution XII was adopted by 114 votes to 42, with 16 abstentions (resolution 51/100).
Draft resolution XIII was adopted (resolution 51/101).
Draft resolution XIV is entitled “Regional arrangements for the promotion and protection of human rights”. The Third Committee adopted draft resolution XIV without a vote. May I take it that the Assembly wishes to do likewise?
Draft resolution XIV was adopted (resolution 51/102).
Draft resolution XV is entitled “Human rights and unilateral coercive measures”. A recorded vote has been requested. [Subsequently, the delegations of Burkina Faso, Congo and Niger informed the Secretariat that they had intended to vote in favour; the delegation of Poland had intended to vote against; the delegation of Vanuatu had intended to abstain.]
A recorded vote was taken.
Draft resolution XV was adopted by 57 votes to 45, with 59 abstentions (resolution 51/103).
Draft resolution XVI is entitled “United Nations Decade for Human Rights Education and public information activities in the field of human rights”. The Third Committee adopted draft resolution XVI without a vote. May I take it that the Assembly wishes to do the same?
Draft resolution XVI was adopted (resolution 51/104).
Draft resolution XVII is entitled “Strengthening of United Nations action in the human rights field through the promotion of international cooperation and the importance of non-selectivity, impartiality and objectivity”. The Third Committee adopted draft resolution XVII without a vote. May I take it that the Assembly wishes to do likewise?
I call on the representative of the Philippines to make a statement in explanation of position.
I would like to comment on resolution 51/101, entitled “Culture of peace”, and our understanding of it. It has been our understanding that the culture of peace is based on the principles enshrined in the United Nations Charter on respect for human rights, democracy, tolerance, dialogue, cultural diversity and reconciliation. It has also been our understanding that the culture of peace seeks to promote development, education for peace, the free flow of ideas and information and wider participation of women as integral to the prevention of violence and conflicts, and to the creation of conditions for peace in its consolidation. In a word, the culture of peace, as has been and continues to be our understanding, is a trans-disciplinary project that goes beyond any single area of human endeavour. It is human rights and development; it is diversity and unity; and it is many other things which are the building blocks of peace. It was therefore quite correct — and certainly very desirable — that so broad and important a subject be recognized as a separate and independent item of the agenda of the General Assembly. My delegation deeply regrets that, in the pursuit of consensus, the thrust of the resolution was blurred, if not altogether lost. I should therefore like to request, as an attempt at clarification and for the reasons stated, to have this understanding struck into the records of this meeting: The appropriate agenda item under which the question of the culture of peace, in our view, should be the “Culture of peace”. This is our understanding of the resolution before us.
May I take it that it is the wish of the General Assembly to conclude its consideration of sub-item (b) of agenda item 110?
It was so decided.
I call on the representative of Yemen for an explanation of vote before the voting.
I welcome this opportunity to explain and register the position of my delegation regarding the draft resolutions before us under agenda item 110 (c) on the human rights situation in individual countries, referred by the Third Committee to the General Assembly for adoption. Ever since its establishment, the Republic of Yemen has consistently followed a policy of respect for and observance of human rights. It adopted the democratic option and political plurality as a system and as an approach. It promulgated legislative and legal rules guaranteeing its citizens the exercise of their political, economic, social and intellectual rights and freedoms, in line with the Constitution and the laws in force. It organized the first free, direct parliamentary elections, which took place in 1993. Having completed voter-registration procedures, it is now making the final arrangements for the second parliamentary elections since the restoration of national unity, which will be held in April 1997. It has ensured freedom of party and political activities, and of the press and publishing. Yemen now has more than 20 political parties and organizations, and more than 100 independent and party newspapers. On the international level, Yemen has acceded to or ratified most international conventions on human rights. It spares no effort to cooperate with the relevant bodies in order to demonstrate its keen interest in and absolute commitment to respecting human rights, fundamental freedoms, democracy and social justice. In considering the draft resolutions before us today, we note that some of them politicize the concept of human rights to the benefit of the objectives and interests of certain countries. Some of them are prejudicial to traditions, customs and greatly revered religions. In places they exhibit a conflict in the application of criteria that is based on whim, moving away from the provision of the Universal Declaration of Human Rights, the Geneva Conventions and its Protocols, the International Covenants on Human Rights, the Vienna Declaration and other international instruments relating to human rights, demonstrating selectivity and On this basis, and consistent with our established position in past years, the delegation of the Republic of Yemen denounces and condemns all violations of human rights in any country without exception, and calls for respect for national sovereignty, for non-interference in the internal affairs of all countries and for respect for the traditional customs and religious culture of peoples, when considering human rights issues. We also emphasize the need to adopt uniform criteria and principles in measuring respect for human rights without selectivity or double standards, and without any politicization that might be exploited as a means of undermining certain systems. This is based on our belief that a commitment by countries to that principle will strengthen and safeguard basic human rights. This will lead to international relations on an equal footing, based on mutual respect and common interests in a world in which justice, democracy and peace prevail. The Republic of Yemen believes in the basic principles of human rights, respects them and tries persistently to safeguard them. Given its keen interest in these principles, and in order to keep its vote as objective and neutral as possible, divorced from selectivity, double standards or politicization, and to contribute to the establishment of standardized criteria and concepts to be applied without selectivity or politicization, my delegation will not participate in the voting on any draft resolutions or procedural proposals with regard to the situation of human rights in individual countries, except those that are adopted by consensus.
For reasons beyond our control — the economic blockade to which our country has been subjected — we were deprived of our vote in the Committee. Had my country been able to vote on these draft resolutions, we would have voted against draft resolutions I, II, IV, VII and VIII, on the situation of human rights in Iraq, the Islamic Republic of Iran, Nigeria, the Sudan and Cuba respectively.
I should like to explain Cuba’s position on draft I believe that, in the past few years, as so-called globalization has advanced, we have all witnessed at the United Nations increasing attempts to wipe out the principles governing the Organization, to impose models on all nations as if they were universally valid, and to make some of its mechanisms increasingly supranational, imposing decisions on others. We are alarmed so see how industrialized countries are, increasingly, trying to set themselves up as harsh judges of the third world, which they blame for all the ills of the Earth and on which they try to impose standards that are usually alien to it. They seem to forget their historic and current responsibility to the 12 million children under five years of age who die of curable diseases; to the 200 million homeless children; to the 100 million children forced to work; and to the 1 million children engaged in prostitution. In their speeches, they omit the fact that 800 million people are suffering from hunger, and that every year 12 million people starve to death. They do not mention the 1 billion illiterate people or the 1.5 billion people who lack health care. Nor do they speak about the responsibility of the industrialized world for violence and terrorism, for the huge drug market, for the trade in human organs, for discrimination against minorities, for racism and xenophobia in these well-to-do societies, or for the irrational consumerism that is destroying the environment, and the growing and absurd social inequalities in their lavishly wealthy countries. Is not the United States, a sponsor of this draft resolution, also the country of “Indian reservations”; the country with the highest incarceration rate in the world, where the number of black people in prison is six times that of whites; the country with the largest juvenile criminal system in the world, which applies the death penalty differently according to race; where disabled people are executed; where black churches are burned, immigrants are Has this country not been the ultimate ally of the most bloodthirsty military dictatorships and of apartheid? Is this not the country of counter-insurgency schools that teach terrorism, political assassination and torture? Is this not the country of neo-fascist militias and abuses against Puerto Rican political prisoners? What are the objectives of and reasons for the imposition of this barren public exercise in double standards on the General Assembly? I believe it is evident — even to those who, for political reasons, co-sponsored or voted in favour of it in the Third Committee — that this draft resolution, conceived and presented by the Government of the United States, is nothing but a super-Power’s act of political revenge against a small and poor country whose unforgivable sin is to have resisted for more than 35 years attempts to make it submit, yield its sovereignty, become simply another appendage of Washington — in other words, attempts to wipe out the Cuban nation. Is this draft resolution not part and parcel of the same aggressive and illegal policy that underlies the economic, trade, and financial blockade on Cuba, a blockade against which we voted just a few days ago by an overwhelming majority? Is it not part of the crusade unleashed by the United States Government for the purpose of setting up a holy alliance against the example of resistance and dignity of the Cuban people? Is it not another of the sordid ramifications of its domestic policy? Cuba is proud of its history in terms of human rights. It is proud that there is not one single Cuban suffering from hunger, not one single Cuban without medical care, not one single Cuban without a school, not one single Cuban without social security. Cuba is proud of the democratic and free participation of its citizens in Government affairs and in the full exercise of their right to elect and be elected as public office-holders. Cuba is proud of the lofty values of its people, of their strong unity, of their spirit of self-sacrifice, of their ability to resist, of their dedication to work, of their Cuba is proud to come to the General Assembly and tell the truth; to act here, in this Organization, as its conscience dictates, without double standards and without submitting to pressure. Cuba is proud that it has to explain its votes in the United Nations only to its people. Cuba is proud, in short, that it does not and will not owe its independence to anyone, because the Cuban people have shown more than once that it is ready to defend, on its own and to the bitter end, its sovereignty and the human rights it enjoys. For these reasons, the delegation of Cuba will, as always, vote against the draft resolution on this subject.
I would like to explain my delegation’s vote on draft resolution VII, concerning the situation of human rights in the Sudan, contained in document A/51/619/Add.3. Today I will speak neither about selectivity nor about the politicization of the issue of human rights. Our position is quite clear and is known to everyone. What this explanation of vote will address is these questions: Do we, the people of the United Nations, genuinely wish to address the question of human rights? Is the welfare of all human beings, regardless of their country, colour, race, religion and gender, our primary concern? A draft resolution on the situation of human rights in the Sudan was introduced for the first time during the forty- seventh session of the General Assembly. Today, after five years, the draft resolution on this subject persists with almost the same language, word for word in many cases. This implies that the status quo has been maintained in the Sudan. Let us look at the reality. It is a well-known fact that democratic, free elections were held in the Sudan in March 1996 and were attended by regional and international observers. Some doubted that these elections would take place. The intention of the Government of the Sudan to carry out the elections was described as “the only silver lining in the dark clouds of the Sudan”. Today that silver lining has become a reality, and an elected President and Parliament lead the Sudan. Aware that the conflict in southern Sudan is at the bottom of many human rights violations in the country, the Government of the Sudan, after lengthy negotiations, concluded a peace agreement with many factions of the rebels, with those who showed the will for peace. Today they are contributing to the process of nation-building and development. The Government will continue to accelerate the momentum of peace through its own efforts and in cooperation with other regional and international initiatives. To provide relief and assistance to the affected Sudanese citizens in southern Sudan, the Government concluded the Operation Lifeline Sudan agreement with the United Nations, which is the first agreement of its kind in the history of humanity, allowing the provision of relief to the suffering people in the areas controlled by the rebels. Furthermore, the necessary permission was granted for C-130 aircrafts to airdrop relief to affected areas. To ensure the flow of information, the Government of the Sudan cooperated with the international community by receiving the Special Rapporteur on the situation of human rights in the Sudan in August 1996, and the Special Rapporteur of the Commission on Human Rights on the question of religious intolerance in September 1996. The African Commission on Human Rights just visited the Sudan, from 1 to 7 December 1996. Moreover, the Government of the Sudan extended invitations to the Special Rapporteur on freedom of expression and to the Working Group on Contemporary Forms of Slavery, which we hope will respond positively to these invitations. Furthermore, to investigate alleged human rights violations, the Government of Sudan established a committee to investigate cases of alleged disappearances, alleged slavery, alleged slave trade and servitude brought to its attention through different sources. In response to a request on 6 September 1996 by the Special Rapporteur on the situation of human rights in the Sudan, an investigation team was dispatched to Juba, in the southern Sudan, during the period 13 to 20 November 1996. Moreover, in response to a request by His Excellency the Commissioner for Human Rights, the Government established human rights education committees in all 26 States. The Special Rapporteur on the situation of human rights in the Sudan has recommended in his report to this session that the General Assembly should take specific steps, including: “(a) To give priority to supporting the effective measures of a practical nature undertaken by the Government of Sudan to investigate all reported human rights violations and to make public the results of these investigations; “(b) To give priority to supporting the effective measures of a practical nature undertaken by the Government of the Sudan to improve the flow of information between the competent United Nations bodies and agencies ... “(d) To support all concrete steps and measures needed to improve the situation of the most vulnerable groups of the society, the women, the children and ethnic and religious minorities living in the conflict zones”. (A/51/490, para. 52) Are these recommendations reflected in the draft resolution before the General Assembly today? The Special Rapporteur further stated that his report to the General Assembly is but an interim one. So, are all the facts present before the General Assembly today? The answer to these questions is obvious. The great English poet Alexander Pope said “A little learning is a dangerous thing; Drink deep, or taste not the Pierian spring”. (An Essay on Criticism) Finally, we would like to reiterate our position of unreserved commitment to the respect, promotion and protection of all human rights. My Government’s political will to address human rights concerns will continue to be maintained. We are convinced that cooperation and coordination — and not confrontation and predetermined condemnation — constitute the only viable path to be followed if we genuinely and sincerely want to achieve concrete results in the field of human rights in the international arena. Therefore, we will vote against this draft resolution, and we request those who share our views to do the same. My delegation would like to reiterate the commitment of the Federal Government of Nigeria to the realization of the human rights and fundamental freedoms enshrined in the draft Constitution, enforced by an effective mechanism in our National Human Rights Commission, and also contained in the relevant instruments of which Nigeria is a voluntary signatory. It would appear, however, that some members of this Organization have a tendency to behave like the proverbial ostrich which hides its head in the sand and feels that nobody sees it because it is unable to see its own body. Ironically, some of those who live in glass houses are throwing the biggest stones on the issues of human rights. It also appears that the promotion of human rights, which is based on the principles of non-selectivity, objectivity and impartiality, is being politicized by some Members, with severe consequences for their own credibility and for the credibility of our Organization. Permit me to quote from the statement of the President to the Assembly only two days ago: Unfortunately, the draft resolution on the situation of human rights in Nigeria reflects selectivity instead of universality. We believe that anyone who is genuinely interested in the affairs of Nigeria, and any objective analysis of the developments there, cannot fail to recognize the positive development and the momentum of events towards the promotion of human rights and democracy in my country. First, the Government’s phased transition to a civil- rule programme is on course, with the registration of five political parties membership in which is open to all Nigerians; the creation of six additional States and 182 local government council areas in accordance with the wishes of the Nigerian people and as part of the effort to decentralize power and thus bring government closer to the grass roots; local government elections on a non-party basis, which have effectively established democratic governance at the local level; and the ongoing efforts to hold other elections as scheduled under the phased- transition timetable. Secondly, the Government has established an independent Commission of Human Rights, comprising eminent jurists, academics, human rights and pro- democracy activists, labour leaders and representatives of the private media, who shall be looking into complaints of human rights abuses and be making appropriate recommendations for redress to the Government. A high- powered panel has also been established to review the cases of all those detained or imprisoned under the various decrees, the ongoing review process has resulted in the release of more than 25 persons at last count. Moreover, and in response to the recommendations of the report of the Secretary-General’s fact-finding mission and the wishes of the Nigerian public, the Government has abrogated, reviewed or amended, as necessary, the various decrees and acts under which some persons were detained or tried for security reasons. In particular, the writ of habeas corpus and the right of appeal have been reinstituted in the procedures of the Special Tribunals. Moreover, military personnel are no longer to serve as members of the Special Tribunals, in order to make the Tribunals independent of the military authority. In the pursuit of its programme of transition to democratic rule and commitment to human rights, the Government of Nigeria has no intention to pander to the whims of any State or group of States, or to prevent them from proposing a draft resolution. It intends to abide by its Finally, it is our fervent hope that this will be the very last time that the General Assembly will entertain this kind of superfluous, unfair and unbalanced draft resolution on Nigeria. Nigerians must be allowed to address their political and human rights issues without undue external pressures.
The Assembly has before it 12 draft resolutions recommended by the Third Committee in paragraph 71 of Part IV of its report and two draft decisions recommended by the Third Committee in paragraph 72 of the same document. I shall put the 12 draft resolutions and the two draft decisions to the Assembly one by one. After all the decisions have been taken, representatives will again have the opportunity to explain their votes. We turn first to draft resolution I, entitled “Situation of human rights in Iraq”. A recorded vote has been requested.
A recorded vote was taken.
Draft resolution I was adopted by 103 votes to 3, with 59 abstentions (resolution 51/106).
We turn now to draft resolution II, entitled “Situation of human rights in the Islamic Republic of Iran”. [Subsequently, the delegations of Georgia and Nicaragua informed the Secretariat that they had A recorded vote has been requested.
A recorded vote was taken.
Draft resolution II was adopted by 79 votes to 30, with 54 abstentions (resolution 51/107).
Draft resolution III is entitled “Situation of human rights in Afghanistan”. The Third Committee adopted draft resolution III without a vote. May I take it that the Assembly wishes to do likewise?
Draft resolution III was adopted (resolution 51/108).
Draft resolution IV is entitled “Situation of human rights in Nigeria”. A recorded vote has been requested. [Subsequently, the delegation of Lesotho informed the Secretariat that it had intended to vote in favour.]
A recorded vote was taken.
Draft resolution IV was adopted by 92 votes to 19, with 55 abstentions (resolution 51/109).
Draft resolution V is entitled “Human rights in Haiti”. The Third Committee adopted draft resolution V without a vote. May I take it that the Assembly wishes to do likewise?
Draft resolution V was adopted (resolution 51/110).
We turn now to draft resolution VI, entitled “Situation of human rights in Kosovo”. A recorded vote has been requested.
A recorded vote was taken.
Draft resolution VI was adopted by 114 votes to 2, with 48 abstentions (resolution 51/111).
We turn now to draft resolution VII entitled “The situation of human rights in the Sudan”. A recorded vote has been requested.
A recorded vote was taken.
Draft resolution VII was adopted by 100 votes to 16, with 50 abstentions (resolution 51/112).
We now turn to draft resolution VIII, entitled “Situation of human rights in Cuba”. A recorded vote has been requested. In favour: Albania, Andorra, Argentina, Armenia, Australia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, El Salvador, Estonia, Finland, France, Georgia, Germany, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Japan, Kuwait, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Marshall Islands, Mauritius, Monaco, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Samoa, San Marino, Slovakia, Slovenia, Spain, Sweden, the former Yugoslav Republic of Macedonia, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay, Uzbekistan, Vanuatu Against: Angola, China, Cuba, Democratic People’s Republic of Korea, Equatorial Guinea, Gambia, Ghana, India, Indonesia, Iran (Islamic Republic of), Lao People’s Democratic Republic, Lesotho, Libyan Arab Jamahiriya, Myanmar, Namibia, Nigeria, Papua New Guinea, South Africa, Sudan, Syrian Arab Republic, Uganda, United Republic of Tanzania, Viet Nam, Zambia, Zimbabwe Abstaining: Afghanistan, Algeria, Antigua and Barbuda, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Chad, Colombia, Congo, Côte d’Ivoire, Dominica, Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Fiji, Gabon, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Jamaica, Jordan, Kazakstan, Kenya, Kyrgyzstan, Lebanon, Liberia, Malawi, Malaysia, Maldives, Mali, Mauritania, Mexico, Micronesia (Federated States of), Mongolia, Morocco, Mozambique, Nepal, Niger, Oman, Pakistan, Palau, Peru, Philippines, Qatar, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Sierra Leone, Singapore, Solomon Islands, Sri Lanka, Suriname, Swaziland, Thailand, Togo, Trinidad and Tobago, Tunisia, Ukraine, United Arab Emirates, Venezuela, Zaire The Third Committee adopted draft resolution IX without a vote. May I take it that the Assembly wishes to do the same?
Draft resolution VIII was adopted by 62 votes to 25, with 84 abstentions (resolution 51/113).
Draft resolution IX was adopted (resolution 51/114).
Draft resolution X is entitled “Rape and abuse of women in the areas of armed conflict in the former Yugoslavia”. The Third Committee adopted draft resolution X without a vote. May I take it that the Assembly wishes to do the same?
Draft resolution X was adopted (resolution 51/115).
Draft resolution XI, orally revised by the Rapporteur, is entitled “Situation of human rights in the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro)”. A recorded vote was requested.
A recorded vote was taken.
Draft resolution XI, as orally revised, was adopted by 136 votes to 1, with 28 abstentions (resolution 51/116).
Draft resolution XII, as orally revised by the Rapporteur, is entitled “Situation of human rights in Myanmar”. The Third Committee adopted draft resolution XII without a vote. May I take it that the Assembly wishes to adopt draft resolution XII, as orally revised?
Draft resolution XII, as orally revised, was adopted (resolution 51/117).
We now turn to the two draft decisions recommended by the Third Committee in paragraph 72 of document A/51/619/Add.3. We turn first to draft decision I, entitled “Situation of human rights in Estonia and Latvia”, which the Third Committee adopted by consensus. May I take it that the Assembly wishes to do likewise?
Draft decision II is entitled “Documents considered by the General Assembly in connection with human rights questions: human rights situations and reports of Special Rapporteurs and Representatives”. The Third Committee adopted draft decision II without a vote. May I consider that the Assembly wishes to do the same?
The draft decision was adopted.
I shall now call on those representatives who wish to explain their votes on the resolutions just adopted.
The United States strongly supports this resolution on the human rights situation in Burma, and I congratulate my colleagues from Sweden for the skill and commitment with which they drafted and secured agreement to it. This resolution reflects the consensus view of the Members of the United Nations, a view premised on the ideals of the United Nations Charter and the principles enshrined in the Universal Declaration of Human Rights. It reflects the hard-earned wisdom of the international community that every Government of every society should be held to certain minimum standards of respect for the rights and freedoms of its own people. Regrettably, the current Government of Burma is not meeting these minimum standards. It has subjected democratic forces to a kind of rolling repression in which small steps forward alternate with crackdowns and episodes of intimidation and violence. The Burmese authorities, known as the State Law and Order Restoration Council (SLORC), have refused to enter into a meaningful dialogue with the leader of the National League for Democracy, Aung San Suu Kyi, or with other democratic leaders and representatives of the major ethnic groups. They have continued to deny their citizens the fundamental political freedoms of expression and assembly, and they have engaged in torture, forced labour, forced relocations and summary executions. Recent student demonstrations, although non-political in nature, have been harshly repressed. The Government has periodically curtailed the right of Aung San Suu Kyi to address her supporters in public and even to leave her home. Last November, her motorcade was attacked by a mob that could have acted only with official authority and blessing. As we speak, the restrictions on her movements and activities are the most severe since her release from “house arrest” in July 1995. Although the SLORC professes a desire to move Burma in the direction of democracy, it has not done so. The constitutional Convention it established to create the illusion of a national political dialogue is a sham — fully controlled and orchestrated by the Government. As a result, the Convention has been a source not of reconciliation, but of further division. Finally, the Government of Burma has refused to cooperate with the United Nations Special Rapporteur and with the Special Representative of the Secretary-General. The Burmese authorities would like the world to believe that its harsh policies are necessary in the light of Burma’s turbulent history and the multi-ethnic nature of Burmese society. But as the resolution adopted today shows, the world does not accept that excuse. The right of people to participate freely in a democratic political process is an ally — not an enemy — to national unity and social peace. Experience tells us that the kind of stability that may be achieved through repression is sterile, superficial and temporary. It is a stability maintained by fear, in which the human resources of a society are held back and beaten down. Lasting stability, economic prosperity and a rich cultural life come when people are free to make use of their full talents and abilities. A society blossoms when those who govern respect those who are governed, and when the people have confidence in those they have chosen to make and enforce their laws. For Burma, the path to that kind of future is outlined in this resolution. In it, we call upon the Government to cease abusing human rights, to empty its cells of those detained for political reasons, to permit United Nations The more time elapses before these steps are taken, the more the pressure will build, the more divided Burma will become, and the more difficult it will be for Burma to achieve a peaceful transition to democratic rule. The international community would like to see Burma develop into a stable, prosperous and democratic society. We would like to remove Burma from the list of nations about which we annually express concern. But as long as repression remains the Government’s chosen means of conducting business with its own people, we will continue to meet our own responsibility to speak up and to assert the validity in Burma of the universal and cherished principles by which all nations have agreed to live, and without which no nation can fulfil its potential.
I wish to refer to draft resolution VI (resolution 51/111) on the situation of human rights in Kosovo, contained in the report of the Third Committee (A/51/619/Add.3). India is committed to the promotion and protection of all human rights in all States. India is also committed to the preservation and protection of the territorial integrity, national sovereignty and independence of States Members of the United Nations. Further, India firmly adheres to the Charter principle of non-intervention in the internal affairs of United Nations Member States. My delegation voted against the resolution on the situation of human rights in Kosovo because we do not share the approach manifest in the resolution of addressing the human rights situation in a part of a sovereign country detached in context from the country as a whole, as though that part were not an integral part of the country concerned. Such resolutions may also be in violation of Article 7 of the Charter of the United Nations. They open the way to selectivity and further politicization of the international human rights agenda, on which we articulated our position once again in the debate in the Third Committee during the ongoing session of the General Assembly. For the reasons I have mentioned, we have been obliged to vote against the resolution entitled “Situation of human rights in Kosovo” in the Third Committee and here in the plenary. The delegation of the Republic of Croatia, acting in good faith, took part in deliberations with other interested delegations in the drafting of that resolution, in a sincere effort to reach a consensus text. While we had to make some difficult compromises, many of our concerns were taken into account by the sponsors, and because of that, my delegation thought it only proper and honourable to join in the consensus, despite having extremely strong reservations regarding a certain part of the resolution. A vote was, however, called for, and we wish therefore to explain our vote. My delegation wishes to state that it objects to operative paragraph 13 of the resolution and in particular to the mentioning of the Zagreb city council. The paragraph refers to a situation that is being resolved within the Croatian constitutional and legal framework. Discussions are taking place among the parties concerned in order to resolve the issue in a democratic manner, and various proposals are being considered to break the impasse and select Zagreb’s mayor. This is strictly an internal political matter. Such an issue should not be considered by the Third Committee of the General Assembly because it is not a human rights issue. It should be stressed that the elections for the Zagreb city council were free and fair. The results of the elections were respected; they were not annulled, and the democratically elected officials were allowed to take their seats. This was the case in all other elections in the Republic of Croatia, whether parliamentary or local. My delegation therefore objects to this matter being included in the resolution and dissociates itself from the portion of operative paragraph 13 dealing with this issue. However, for the reasons mentioned previously, and because we found the rest of the resolution acceptable, we supported the overall resolution. My delegation also wishes to comment briefly on the issue of respect for the territorial integrity of States within their internationally recognized borders, a matter that was raised as an issue rather late in the process of adopting the draft of this resolution in Committee. As a State that was subjected to aggression and that had some 27 per cent of its territory occupied at one time, Croatia attaches great This is even more so since Croatia, to this day, does not exercise complete sovereignty over the entire length of its territory. The region of Eastern Slavonia is yet to be fully reintegrated into the Republic of Croatia. Concerning our general region, States can demonstrate their adherence to the principle of respect for the territorial integrity of States by, inter alia, undertaking measures within their capabilities that will ensure that all of the as yet non- reintegrated territory of the Republic of Croatia is reintegrated into Croatia as speedily as possible, without any undue delays.
My delegation would like briefly to provide an explanation of vote after the voting in reference to draft resolution VIII in document A/51/619/Add.3, “Situation of human rights in Cuba”. My delegation abstained in the voting on that resolution. Solomon Islands is committed to the advance and protection of human rights. We vote for resolutions written in that spirit, and we commend the balanced and objective reports of the Special Rapporteurs of the Commission on Human Rights. The resolution on the situation of human rights in Cuba, however, gives my delegation pause. While it commends the interim report of the Special Rapporteur in document A/51/460 and cites the major elements of his critique of the situation of human rights in Cuba, it states nothing about his conclusions concerning the positive aspects of that changing situation in the face of the grave difficulties that that small island developing country endures because of the economic embargo imposed upon it. To advance and protect human rights, General Assembly resolutions must be balanced and impartial. In this context, Solomon Islands abstained.
The Chinese delegation would like to explain its vote on draft resolution VI under agenda item 110 (c), “Situation of human rights in Kosovo”. Respect for State sovereignty and territorial integrity is a basic principle enshrined in the United Nations Charter. That principle should be strictly adhered to in all international relations. In the view of the Chinese delegation, Kosovo is part of the territory of the Federal In view of that, the Chinese delegation cannot support the resolution just adopted on the situation of human rights in Kosovo. We therefore abstained in the voting.
When draft resolution VI, “Situation of human rights in Kosovo,” was adopted in the Third Committee, we reserved our right to speak here today in explanation of vote. The Philippines abstained in the voting on the situation of human rights in Kosovo. While we condemn in no uncertain terms the violations of human rights and repression and discrimination perpetrated against the Albanian ethnic population in Kosovo, the text totally ignores similar problems that exist in other areas of the territory of the former Yugoslavia. This goes against the universal and non-selective nature of human rights and fundamental freedoms and against the intrinsic equality of human beings. It is hoped that when the resolution is updated next year at the fifty-second session of the General Assembly, it will take cognizance of this concern.
First of all, my delegation would like to note that the work of the Secretariat has not been fully satisfactory in the course of this plenary meeting. The rule that the Secretariat is trying to establish is not really in accordance with the rules of procedure of the General Assembly, by which we should of course be guided. We would like to request more accurate work. We wish to draw to the Assembly’s attention to page 23 of document A/51/619/Add.3. Paragraphs 55 and 56 of the English text contain inaccuries relating to the chronology of events in the discussion of the draft resolution in the Third Committee. I should also like to draw attention to the fact that in the introductory part I, one paragraph referring to resolution 48/155 has been omitted, relating to information provided by the United Nations High Commissioner on Human Rights on behalf of the Secretary-General. Moreover, there are more inaccuracies in the Russian translation of the same document (A/51/619/Add.3). The
May I take it that it is the wish of the General Assembly to conclude its consideration of sub-item (c) of agenda item 110?
It was so decided.

Report of the Third Committee (Part V) (A/51/619/Add.4)

The Assembly will now take a decision on the draft resolution recommended by the Third Committee in paragraph 9 of part V of its report and on the draft decision recommended by the Third Committee in paragraph 10 of the same report. We turn first to the draft resolution. The Third Committee adopted the draft resolution without a vote. May I take it that the Assembly wishes to do the same?
The draft resolution was adopted (resolution 51/118).
We turn now to the draft decision, “Working Group of the Third Committee”. The Third Committee adopted the draft decision without a vote. May I take it that the General Assembly wishes to do likewise?
The draft decision was adopted.
Note will be taken of the observations of the Russian Federation. May I take it that it is the wish of the General Assembly to conclude this stage of its consideration of sub- item (d) of agenda item 110?
It was so decided.

(e) Report of the United Nations High Commissioner for Human Rights Report of the Third Committee (Part VI) (A/51/619/Add.5)

The Assembly will now take a decision on the draft resolution recommended by the Third Committee in paragraph 8 of Part VI of its report. The Third Committee adopted the draft resolution, entitled “Report of the United Nations High Commissioner for Human Rights”, without a vote.
The draft resolution was adopted (resolution 51/119).
May I take that it is the wish of the General Assembly to conclude its consideration of sub- item (e) of agenda item 110?
It was so decided.

158.  Question of the elaboration of an international convention against organized transnational crime Report of the Third Committee (A/51/620)

The Assembly will now take a decision on the draft resolution recommended by the Third Committee in paragraph 8 of its report. The Third Committee adopted the draft resolution without a vote. May I take it that the Assembly wishes to do the same?
The draft resolution was adopted (resolution 51/120).
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 158?
It was so decided.
The Assembly will now take a decision on the three draft decisions recommended by the Third Committee in paragraph 12 of its report. We turn first to draft decision I. As orally revised by the Rapporteur, draft decision I is entitled “Report on the activities of the International Decade of the World’s Indigenous People”.
Draft decision I was adopted.
We now turn to draft decision II. As orally revised by the Rapporteur, draft decision II is entitled “Organization of work of the Third Committee and biennial programme of the work of the Committee for 1997-1998”. May I take it that the Assembly wishes to adopt draft decision II?
Draft decision II was adopted.
We turn next to draft decision III. As orally revised by the Rapporteur, draft decision III is entitled “Report of the Economic and Social Council”.
Draft decision III was adopted.
May I take it that it is the wish of the General Assembly to conclude its consideration of the chapters of the report of the Economic and Social Council allocated to the Third Committee?
It was so decided.
The General Assembly has thus concluded its consideration of all the reports of the Third Committee.
The meeting rose at 5.55 p.m.