A/54/PV.76 General Assembly

Thursday, Dec. 9, 1999 — Session 54, Meeting 76 — New York — UN Document ↗

In the absence of the President, Mr. Mbanefo (Nigeria), Vice-President, took the Chair.
Vote: A/RES/54/110 Recorded Vote
Show country votes
— Abstain (2)
✓ Yes (149)
The meeting was called to order at 3.20 p.m.

Reports of the Sixth Committee

The Acting President #29033
This afternoon the General Assembly will consider the reports of the Sixth Committee on agenda items 152, 153 and 155 to 161. Members will recall that the Assembly considered the report of the Sixth Committee on agenda item 154 at its 55th plenary meeting on 17 November 1999. I request the Rapporteur of the Sixth Committee, Mr. Joško Klisovic´ of Croatia, to introduce in one intervention the reports of the Sixth Committee before the General Assembly.

159.  Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization

Vote: 31/37 Consensus
The Acting President #29034
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 that are before it today.
It was so decided.
Vote: 32/413 Consensus
The Acting President #29035
Statements will therefore be limited to explanations of vote or position. The positions of delegations regarding the recommendations of the Sixth Committee have been made clear in the Committee and are reflected in the relevant official records. May I remind members that under paragraph 7 of decision 34/401 the 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 plenary meeting is different from its vote in the Committee.” 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. Before we begin to take action on the recommendations contained in the reports of the Sixth 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 Committee, unless the Secretariat is notified otherwise in advance. This means that where a vote was taken, we will do the same. Also, I should hope that we may proceed to adopt without a vote those recommendations that were adopted without a vote in the Sixth Committee. I should like to inform members that the report of the Sixth Committee on agenda item 155, entitled “Report of

Measures to eliminate international terrorism Report of the Sixth Committee (A/54/615)

Vote: 31/37 Consensus

161.  Review of the Statute of the United Nations Administrative Tribunal Report of the Sixth Committee (A/54/616)

Vote: 31/37 Consensus

152.  Convention on jurisdictional immunities of States and their property Report of the Sixth Committee (A/54/607)

The Acting President #29036
The Assembly will now take a decision on the draft resolution recommended by the Sixth Committee in paragraph 11 of its report. The Sixth Committee adopted the draft resolution without a vote. May I consider that the Assembly wishes to do the same?
The draft resolution was adopted (resolution 54/101).
Vote: 31/100 Consensus
The Acting President #29037
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 152?
Vote: 32/413 Consensus
It was so decided.
Vote: 32/413 Consensus

153.  United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law Report of the Sixth Committee (A/54/608)

The Acting President #29038
The Assembly will next consider the report of the Sixth Committee on agenda item 153. I call on the representative of the Solomon Islands for an explanation of vote or position.
Mr. Fruchtbaum SLB Solomon Islands #29039
Solomon Islands will join the consensus on this draft resolution. Nevertheless, we sought a programme designed to reach as many people as possible through electronic and print media, schools and adult education. Unfortunately, the funding available is very limited, and the programme is set through the year 2001. My delegation believes that the
The Acting President #29040
The Assembly will now take a decision on the draft resolution recommended by the Sixth Committee in paragraph 8 of its report. The Sixth Committee adopted the draft resolution without a vote. May I consider that the Assembly wishes to do the same?
The draft resolution was adopted (resolution 54/102).
The Acting President #29041
May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 153?
It was so decided.

156.  Report of the United Nations Commission on International Trade Law on the work of its thirty- second session Report of the Sixth Committee (A/54/611)

The Acting President #29042
The Assembly will now take a decision on the draft resolution recommended by 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 Assembly wishes to do likewise?
The draft resolution was adopted (resolution 54/103).
The Acting President #29043
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 156? It was so decided. Report of the Committee on Relations with the Host Country Report of the Sixth Committee (A/54/612)
The Acting President #29044
The Assembly will now take a decision on the draft resolution recommended by the Sixth Committee in paragraph 8 of its report. The Sixth Committee adopted the draft resolution without a vote. May I consider that the Assembly wishes to do the same?
The draft resolution was adopted (resolution 54/104).
The Acting President #29045
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 157? It was so decided.

158.  Establishment of the International Criminal Court Report of the Sixth Committee (A/54/613)

The Acting President #29046
The Assembly will now take a decision on the draft resolution recommended by the Sixth Committee in paragraph 8 of its report. The draft resolution was adopted by the Sixth Committee without a vote. May I consider that the Assembly wishes to do the same?
The draft resolution was adopted (resolution 54/105).
The Acting President #29047
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 Acting President #29048
The Assembly will now take a decision on the three draft resolutions recommended by the Sixth Committee in paragraph 15 of its report. We turn first to draft resolution I, entitled “Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization”. The Sixth Committee adopted draft resolution I without a vote. May I consider that the Assembly wishes to do likewise?
Draft resolution I was adopted (resolution 54/106).
The Acting President #29049
Draft resolution II is entitled “Implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions”. The Sixth Committee adopted draft resolution II without a vote. May I consider that the Assembly wishes to do the same?
Draft resolution II was adopted (resolution 54/107).
The Acting President #29050
Draft resolution III is entitled “Strengthening of the International Court of Justice”. The Sixth Committee adopted draft resolution III without a vote. May I consider that the Assembly wishes to do likewise?
Draft resolution III was adopted (resolution 54/108).
The Acting President #29051
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 159?
It was so decided.
The Acting President #29052
I give the floor to the representative of Cuba, who wishes to speak in explanation of position before action is taken.
Ms. Álvarez Núñez CUB Cuba [Spanish] #29053
The Cuban delegation will support draft resolution II in document A/54/615 in order to reaffirm once again the role of the General Assembly, as the truly universal organ of this Organization, in the adoption of measures to deal with acts of international terrorism. As always, Cuba condemns all acts, methods and practices of international terrorism in all their forms and manifestations, wherever and by whomever they are committed. This includes terrorism encouraged, financed or tolerated by States themselves. Likewise, Cuba supports all efforts of the United Nations system in the struggle against acts of terrorism. This includes support for the holding of an international conference under the auspices of this Organization in the search for an international legal framework and for cooperation to deal with terrorist activities. Nonetheless, international terrorism is seldom thoroughly considered, either from the standpoint of its causes or from that of its deepest and most alarming interconnections within societies. In this respect, we believe it necessary to define terrorism in all its forms and manifestations and to establish the necessary distinction between acts of terrorism and the right of peoples to struggle for their self-determination and against domination or foreign occupation. The Cuban delegation, in supporting draft resolution II in document A/54/615, reaffirms once again the relevance and validity of all the resolutions adopted by this Assembly on the subject of international terrorism.
The Acting President #29054
I call on the representative of Iraq, to speak on a point of order.
Mr. Al-Kadhe IRQ Iraq [Arabic] #29055
My delegation is taking the floor regarding the draft resolution on measures to eliminate international terrorism because we have several comments on the draft First and foremost, the draft convention does not contain a definition of terrorism and how it is financed, nor does it contain the question of State-sponsored terrorism. This essentially opens the way for abuses. Nonetheless, because of Iraq’s firm opposition to terrorism, a position based on international law and the Charter of the United Nations, Iraq will be associating itself with the consensus on this draft resolution. The Government of the Republic of Iraq has reservations regarding article 11, paragraph 5, of the draft international convention for the suppression of the financing of terrorism, because many States are bound by regional agreements, established on the basis of specific regional needs, regarding the extradition of criminals. I would like Iraq’s statement and reservations to be reflected in the records of this meeting.
The Acting President #29056
The Assembly will now take a decision on the two draft resolutions recommended by the Sixth Committee in paragraph 13 of its report. The General Assembly will first turn to draft resolution I, entitled “International Convention for the Suppression of the Financing of Terrorism”. The Sixth Committee adopted draft resolution I without a vote. May I consider that the Assembly wishes to do the same?
Draft resolution I was adopted (resolution 54/109).
The Acting President #29057
Draft resolution II is entitled “Measures to eliminate international terrorism”. A recorded vote has been requested.
A recorded vote was taken.
Draft resolution II was adopted by 149 votes to none, with 2 abstentions (resolution 54/110).
[Subsequently the delegation of the Philippines informed the Secretariat that it had intended to vote in favour.]
The Acting President #29058
I shall now call on those representatives who wish to explain their votes or positions.
Mr. Tarabrin RUS Russian Federation [Russian] #29059
The Russian Federation welcomes the adoption of the International Convention for the Suppression of the Financing of Terrorism and considers it an important contribution to the strengthening of the international legal foundation for the struggle against terrorism. We should like once again to inform the General Assembly of our principled position. The Russian Federation’s view is based on the need to apply the provisions of article 15 so as to ensure the impossibility of evading responsibility for offences that are covered by the Convention, without prejudice to the effectiveness of international cooperation on extradition and legal assistance.
Mr. Diab LBN Lebanon [Arabic] #29060
My delegation fully and sincerely shares the general feeling of delegations that today’s adoption of the International Convention for the Suppression of the Financing of Terrorism in resolution 54/109 is a very important event and a significant achievement. The delegation of Lebanon joined in the consensus on the resolution because we believe that the international community must be encouraged in this effort and in the affirmation of our solidarity with it, in the hope of eliminating terrorism in all its forms. My country’s delegation wishes, however, to express the following reservations concerning some of the provisions of the International Convention for the Suppression of the Financing of Terrorism. First, we have reservations about the fact that the Convention does not define terrorism, which opens the door to different interpretations in accordance with States’ political purposes and desires. That could have a pernicious effect on the cooperation required under the Convention. Secondly, we have reservations about the fact that there are no detailed rules established to guarantee the safety of third parties, especially under paragraph 1 of article 2 of the Convention. Thirdly, we have reservations concerning paragraph 1 (b) of article 2, which includes offences to be covered under the Convention that are beyond the scope of terroristic offences as defined in one of the treaties listed in the annex. The determination of a type of action, or the context in which it may take place, and the use of that determination to define terrorism against a Government or individuals not taking an active part in the hostilities in a Fourthly, my delegation also wishes to express its reservations on paragraphs 1 and 2 of article 1; articles 5 and 8; paragraph 2 of article 12; and articles 13 and 18, the wording of which is inconsistent with the laws of banking secrecy in Lebanon. In conclusion, Lebanon emphasizes that it will work with the international community, in the framework of its existing national rules, to combat terrorism in all its forms and manifestations.
The Acting President #29061
The General Assembly has thus concluded this stage of its consideration of agenda item 160.
The Acting President #29062
The Assembly will now take a decision on the draft decision recommended by the Sixth Committee in paragraph 10 of its report. The Sixth Committee adopted the draft decision, entitled “Review of the Statute of the United Nations Administrative Tribunal”, without a vote. May I consider that the Assembly wishes to do the same?
The draft decision was adopted.
The Acting President #29063
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 161? Report of the International Law Commission on the work of its fifty-first session Report of the Sixth Committee (A/54/610) Report of the Fifth Committee (A/54/658)
It was so decided.
The Acting President #29064
The Assembly will now take a decision on draft resolutions I and II 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 fifty-first session”. The report of the Fifth Committee on the programme budget implications of draft resolution I is contained in document A/54/658. I have been informed that no separate vote has been requested on operative paragraph 10 of draft resolution I. The Assembly will therefore take a decision on draft resolution I. The Sixth Committee adopted draft
Draft resolution I was adopted (resolution 54/111).
The Acting President #29065
The Assembly will now take a decision on draft resolution II, entitled “Nationality of natural persons in relation to the succession of States”. The Sixth Committee adopted draft resolution II without a vote. May I consider that the Assembly wishes to do likewise? May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 155?
Draft resolution II was adopted (resolution 54/112).
It was so decided.
The Acting President #29066
The Assembly has thus concluded its consideration of all the reports of the Sixth Committee before it.
The meeting rose at 4.25 p.m.