A/67/PV.56 General Assembly

The General Assembly will consider the reports of the Sixth Committee on agenda items 76 to 84, 105, 116, 131 and 165 to 170. I request the Rapporteur of the Sixth Committee, Mr. Pham Quang Hieu of Viet Nam, to introduce the reports of the Committee in one intervention. Mr. Pham (Viet Nam), Rapporteur of the Sixth Committee: I have the honour to introduce the reports of the Sixth Committee on its work during the sixty- seventh session of the General Assembly. The Assembly allocated to the Committee 17 substantive and three procedural agenda items. Except for the item relating to the election of officers, all these agenda items fall under three headings, corresponding to the priorities of the Organization, namely, “Promotion of justice and international law”; “Drug control, crime prevention and combating international terrorism in all its forms and manifestations”; and “Organizational, administrative and other matters”. I will introduce the reports of the Sixth Committee on the various items in the order in which they fall under these three headings. I shall begin with the first heading, “Promotion of justice and international law”, under which the Sixth Committee considered nine agenda items and adopted 11 draft resolutions. The Sixth Committee considered agenda item 76, “Criminal accountability of United Nations officials and experts on mission”. The report on this agenda item is contained in document A/67/464, and the draft resolution recommended to the General Assembly for adoption is reproduced in paragraph 9 thereof. The draft resolution confirms the various measures, adopted in previous resolutions, aimed at ensuring the criminal accountability of United Nations officials and experts on mission, and preserves the reporting mechanisms set forth in those resolutions. Under the terms of the draft resolution, the Assembly would also include the item in the provisional agenda of the sixty-eighth session, while deciding that the consideration of the report of the Group of Legal Experts, in particular its legal aspects, would be continued at the seventieth session in the context of a working group of the Sixth Committee. The report on agenda item 77, “Report of the United Nations Commission on International Trade Law on the work of its forty-fifth session”, is contained in document A/67/465. The Sixth Committee recommends two draft resolutions for adoption by the General Assembly, which are reproduced in the report. Under the terms of draft resolution I, the General Assembly would commend the Commission for finalization and adoption of a Guide to Enactment of the United Nations Commission on International Trade Law Model Law on Public Procurement and its recommendations to assist arbiter institutions and other interested bodies with regard to arbitration under the Commission’s Arbitration Rules as revised in 2010. Draft resolution II pertains to these recommendations, of which the Assembly would recommend the use in the settlement of disputes arising in the context of international commercial arbitration. The report on agenda item 78, “United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law”, is to be found in document A/67/466, and the draft resolution recommended to the General Assembly for adoption is reproduced in paragraph 7 thereof. Under the terms of the draft resolution, the General Assembly would reaffirm that the Programme constitutes a core activity of the United Nations and that there is an increase in demand for international law training, which creates new challenges for the Programme. The Assembly would authorize the Secretary-General to carry out the activities specified in his reports on the Programme in 2013; reiterate its request to the Secretary-General to provide to the programme budget for 2014-2015 the resources necessary for the Programme to ensure its continued effectiveness and further development; and to decide to consider the viability of voluntary contributions as a sustainable method for funding the United Nations Regional Courses in International Law and the Audiovisual Library of International Law and the need to provide a more reliable funding method. The report on agenda item 79, “Report of the International Law Commission on the work of its sixty-third and sixty-fourth sessions”, is contained in document A/67/467, and the draft resolution recommended to the General Assembly for adoption is reproduced in paragraph 8 of the report. Under the draft resolution, the General Assembly would, among other things, express its appreciation to the Commission for the work accomplished at its sixty-fourth session, in particular for the completion of the first reading of the draft articles on the expulsion of aliens. The Assembly would also decide that the consideration of chapter IV of the report of the International Law Commission on the work of its sixty-third session (A/66/10, paragraphs 51 to 76, and A/66/10/Add.1), dealing with the topic “Reservations to treaties”, would be continued at the sixty-eighth session of the General Assembly, during the consideration of the report of the Commission on the work of its sixty-fifth session. Furthermore, the Assembly would take note with appreciation of the inclusion by the Commission of two new topics in its programme of work, namely, the topics “Formation and evidence of customary international law” and “Provisional application of treaties”, and encourage the Commission to continue the examination of the topics that are in its long-term programme of work; invite the Commission to continue to give priority to the topics “Immunity of State officials from foreign criminal jurisdiction” and “The obligation to extradite or prosecute (aut dedere aut judicare)”; and take note of the tentative work programme of the Commission for the remainder of the five-year period. The Sixth Committee also considered agenda item 80, “Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts”. The report on this agenda item is contained in document A/67/468, and the draft resolution recommended to the General Assembly for adoption is reproduced in paragraph 8 thereof. The report on agenda item 81, “Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives”, is contained in document A/67/469, and the draft resolution recommended to the General Assembly for adoption is reproduced in paragraph 7 of the report. The report on agenda item 82, “Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization”, is contained in document A/67/470. The two draft resolutions recommended to the General Assembly for adoption appear in paragraph 12 thereof. Under the terms of draft resolution I, the Assembly would encourage all Member States to commemorate the thirtieth anniversary of the adoption of the Manila Declaration on the Peaceful Settlement of International Disputes. Under draft resolution II, the Assembly would request the Special Committee to continue its consideration of all proposals concerning the question of the maintenance of international peace and security and of the questions of the implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions, and to continue to consider, on a priority basis, ways and means of improving the Committee’s working methods and enhancing its efficiency. The report on agenda item 83, “The rule of law at the national and international levels”, is contained in document A/67/471. Under the terms of the draft resolution recommended to the General Assembly for adoption, the Assembly would, inter alia, recall its high-level meeting held on the topic during the high-level segment of the present session, and the Declaration adopted at that meeting. The Assembly would also decide to include the item in the provisional agenda of its sixty-eighth session and to invite Member States to focus their comments in the upcoming Sixth Committee debates on the subtopics “The rule of law and the peaceful settlement of international disputes” at the sixty-eighth session and “Sharing States’ national practices in strengthening the rule of law through access to justice” at the sixty-ninth session. The report on agenda item 84, “The scope and application of the principle of universal jurisdiction”, is contained in document A/67/472. Under the draft resolution recommended for adoption, which is reproduced in paragraph 9 of the report, the General Assembly would decide that the Sixth Committee shall continue its consideration of the matter next year, including in the context of a working group of the Sixth Committee, which would undertake a thorough discussion of the item. The Sixth Committee adopted the draft resolutions under the first heading without a vote, and it is my hope that the General Assembly will be in a position to do the same. I shall now turn to the heading “Drug control, crime prevention and combating international terrorism in all its forms and manifestations”. The Sixth Committee considered agenda item 105, “Measures to eliminate international terrorism”, under this heading. The relevant report is contained in document A/67/473, and the draft resolution recommended to the General Assembly for adoption is reproduced in paragraph 10 thereof. Should the Assembly adopt the draft resolution, it would, inter alia, decide that the Ad Hoc Committee established by General Assembly resolution 51/210 shall meet from 8 to 12 April 2013 in order to, on an expedited basis, continue to elaborate the draft comprehensive convention on international terrorism and to discuss the item included in its agenda by resolution 54/110 concerning the question of convening a high-level conference under the auspices of the United Nations. Future meetings of the Ad Hoc Committee would be decided upon subject to substantive progress in its work. The Sixth Committee adopted the draft resolution without a vote, and it is my hope that the Assembly will be able to do the same. Following previous practice, when an Ad Hoc Committee is anticipated to report back during a session in the event of progress, the present item will remain open in the agenda of the General Assembly. Under the third and final heading, “Organizational, administrative and other matters”, the Sixth Committee considered seven substantive and two procedural items. It should be recalled that agenda item 141, “Administration of justice at the United Nations”, was allocated both to the Fifth and Sixth Committees. The views of the Sixth Committee on this item are reflected in a letter, dated 23 October 2012, addressed by the Chairman of the Sixth Committee to the President of the General Assembly. That letter appears as an annex to document A/C.5/67/9. The report on agenda item 165, “Report of the Committee on Relations with the Host Country”, is contained in document A/67/477, and the draft resolution recommended to the General Assembly for adoption appears in paragraph 8 of the report. Furthermore, the Sixth Committee considered five requests for observer status in the General Assembly. It recommended that the General Assembly grant observer status to the Andean Development Corporation, under agenda item 168, and to the European Organization for Nuclear Research, under agenda item 170. The Sixth Committee recommended that the General Assembly defer decisions on the requests for observer status in the Assembly for the Cooperation Council of Turkic-speaking States, under agenda item 166; the International Conference of Asian Political Parties, under agenda item 167; and the International Chamber of Commerce, under agenda item 169, to the sixty-eighth session of the Assembly. The reports concerning each of the requests for observer status are found in documents A/67/480, A/67/556, A/67/478, A/67/479 and A/67/481, respectively. The relevant draft resolutions and draft decisions are reproduced in paragraph 7 of documents A/67/480 and A/67/556, and in paragraph 8 of documents A/67/478, A/67/479 and A/67/481. Under the third heading, the Sixth Committee also considered two procedural items, namely, agenda item 116, “Revitalization of the work of the General Assembly”, and agenda item 131, “Programme planning”. The report under agenda item 116, containing the provisional programme of work of the Sixth Committee at the sixty-eighth session, is to be found in document A/67/474. The draft decision by which the General Assembly would take note of the provisional programme of work is reproduced in paragraph 7 of the report. The report on agenda item 131 is contained in document A/67/475, and no further action by the General Assembly is recommended. The draft resolutions and draft decisions relating to the agenda items under this third heading were also adopted by the Sixth Committee without a vote, and it is my hope that the General Assembly will be in a position to do the same. Finally, I wish to inform the Assembly that there is no report in respect of agenda item 5, “Election of the officers of the Main Committees”. Consistent with previous practice, the election of the officers of the Sixth Committee for the sixty-eighth session will be taken up at a later stage in the course of the current session. This concludes my introduction of the reports of the Sixth Committee. Let me take this opportunity to express my gratitude to the Chairman of the Sixth Committee, Mr. Yuriy Sergeyev of Ukraine, for his dedicated work and for the commendable leadership that he provided to the Committee, and the other members of the Bureau — Mr. Martin Huth of Germany, Mr. Gonzalo Bonifaz of Peru and Mr. Ismail Chekkori of Morocco — for their cooperation. I also wish to thank all representatives and colleagues for their valuable contributions to the success of the session. Finally, I would like to express my gratitude and appreciation to the secretariat of the Sixth Committee, backed by the Codification Division of the Office of Legal Affairs, for its efficient and valuable support and for the competent and professional advice provided throughout the session.

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.

Statements will therefore be limited to explanations of vote. 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 General Assembly agreed that: “When the same draft resolution is considered in a Main Committee and in plenary meeting, a delegation should, as far as possible, explain its vote only once, 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 also remind delegations that 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. I should therefore hope that we may proceed to adopt without a vote those recommendations that were adopted without a vote in the Committee. Members are reminded that additional sponsors are no longer accepted now that draft resolutions and decisions have been adopted by the Committee. Any clarification about sponsorship should be addressed to the Secretary of the Committee.

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 9 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it 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 76?

The Assembly has before it two draft resolutions recommended by the Sixth Committee in paragraph 10 of its report. We will now take a decision on draft resolutions I and II, one by one. Draft resolution I is entitled “Report of the United Nations Commission on International Trade Law on the work of its forty-fifth session”. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

Draft resolution II is entitled “Recommendations to assist arbitral institutions and other interested bodies with regard to arbitration under the Arbitration Rules of the United Nations Commission on International Trade Law as revised in 2010”. The Sixth Committee adopted it without a vote. May I take it the Assembly wishes to do the same?

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 77?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 7 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it 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 78?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 8 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 79?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 8 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 80?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 7 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 81?

The Assembly has before it two draft resolutions recommended by the Sixth Committee in paragraph 12 of its report. We will now take a decision on draft resolutions I and II. Draft resolution I is entitled “Thirtieth anniversary of the Manila Declaration on the Peaceful Settlement of International Disputes”. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

Draft resolution II is 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 it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 82?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 7 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it 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 83?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 9 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I consider that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 84?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 10 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 105?

The Assembly has before it a draft decision recommended by the Sixth Committee in paragraph 7 of its report. We will now take action on the draft decision, entitled “Provisional programme of work of the Sixth Committee for the sixty-eighth session of the General Assembly”. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

The General Assembly has thus concluded this stage of its consideration of agenda item 116.

May I take it that the General Assembly wishes to take note of the report of the Sixth Committee?

The Assembly has thus concluded this stage of its consideration of agenda item 131.

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 8 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it 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 165?

The Assembly has before it a draft decision recommended by the Sixth Committee in paragraph 8 of its report. We will now take action on the draft decision. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 166?

The Assembly has before it a draft decision recommended by the Sixth Committee in paragraph 8 of its report. We will now take action on the draft decision. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 167?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 7 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 168?

The Assembly has before it a draft decision recommended by the Sixth Committee in paragraph 8 of its report. We will now take action on the draft decision. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 169?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 7 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted the draft resolution without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 170?

On behalf of the General Assembly, I would like to thank Mr. Yuriy Sergeyev of Ukraine, Chairman of the Sixth Committee, the members of the Bureau, the Secretary of the Committee and representatives for a job manifestly well done. The General Assembly has thus concluded its consideration of all the reports of the Sixth Committee before it.

Pursuant to decision 42/450, of 17 December 1987, and upon their nomination by the Economic and Social Council, the Assembly elects the members of the Committee for Programme and Coordination. Members will recall that, at its 34th plenary meeting held, on 12 November, the General Assembly elected five members to the Committee for a three-year term of office beginning on 1 January 2013. Members will also recall that by its decisions 2012/201 A and B, the Economic and Social Council postponed the nomination of one member from Latin American and Caribbean States and one member from Western European and other States for a term beginning on 1 January 2013 and expiring on 31 December 2015. In that connection, the Assembly has before it a note by the Secretary-General contained in document A/67/125/Rev.1/Add.1. As indicated in that document, by its decision 2012/201 C of 26 November 2012, the Economic and Social Council nominated El Salvador to fill an outstanding vacancy in the Committee for a term beginning on 1 January 2013 and expiring on 31 December 2015. In accordance with rule 92 of the rules of procedure, all elections should be held by secret ballot and there shall be no nominations. However, I should like to recall paragraph 16 of General Assembly decision 34/401, whereby the practice of dispensing with the secret ballot for elections to subsidiary organs when the number of candidates corresponds to the number of seats to be filled should become standard, unless a delegation specifically requests a vote on a given election. In the absence of such a request, may I take it that the Assembly decides to proceed to the election on the basis of dispensing with the secret ballot?

May I therefore take it that the Assembly wishes to declare El Salvador elected a member of the Committee for Programme and Coordination for a term of office beginning on 1 January 2013 and expiring on 31 December 2015?

Members are reminded that the Economic and Social Council postponed the nomination of one member from the Group of Western European and other States for a term beginning on 1 January 2013 and expiring on 31 December 2015. The Assembly has thus concluded this stage of its consideration of sub-item (a) of agenda item 110. (b) Election of thirty members of the United Nations Commission on International Trade Law Letter dated 7 November 2012 from the Permanent Representative of the Czech Republic to the United Nations addressed to the President of the General Assembly (A/67/572)

Members will recall that, at its 37th plenary meeting, on 14 November, the General Assembly elected the following 29 States as members of the United Nations Commission on International Trade Law for a six-year term of office beginning on 8 July 2013: Armenia, Bulgaria, Cameroon, China, Côte d’Ivoire, Denmark, Ecuador, El Salvador, France, Germany, Greece, Honduras, Hungary, Indonesia, Japan, Kuwait, Liberia, Malaysia, Mauritania, Mexico, Namibia, Panama, the Republic of Korea, the Russian Federation, Sierra Leone, Singapore, Switzerland, the United Kingdom of Great Britain and Northern Ireland, and Zambia. Therefore, those 29 States are not eligible for election. Members will also recall that there remains one seat to be filled from among the Western European and other States. I should like to remind members that, as of 8 July 2013, the following States will continue to be represented on the Commission: Algeria, Argentina, Australia, Austria, Botswana, Brazil, Colombia, Croatia, the Czech Republic, Fiji, Gabon, Georgia, India, the Islamic Republic of Iran, Israel, Italy, Jordan, Kenya, Mauritius, Nigeria, Pakistan, Paraguay, the Philippines, Spain, Thailand, Turkey, Uganda, Ukraine, the United States of America and the Bolivarian Republic of Venezuela. Therefore, those 30 States are also not eligible for election. The General Assembly will now proceed to the election of one member to replace those members whose terms of office will expire on 7 July 2013. In accordance with rule 92 of the rules of procedure, the election shall be held by secret ballot and there shall be no nominations. I should like to recall, however, paragraph 16 of decision 34/401, whereby the practice of dispensing with the secret ballot for elections to subsidiary organs when the number of candidates corresponds to the number of seats to be filled should become standard, unless a delegation specifically requests a vote on a given election. In the absence of such a request, may I take it that the Assembly decides to proceed to this election on the basis of dispensing with the secret ballot?

With regard to candidatures, I should like to inform members that, for the one seat from among the Western European and other States, the Group has endorsed Canada. Since there is one candidate from the regional Group and one seat to be filled from that Group, may I take it that the General Assembly wishes to declare Canada elected for a six-year term of office beginning on 8 July 2013?

I would now like to draw the attention of members to document A/67/572, in which the Permanent Representative of the Czech Republic to the United Nations informs the President of the General Assembly that, according to the agreement among the members of the Group of Eastern European States to rotate their membership in the United Nations Commission on International Trade Law among themselves, the Czech Republic shall relinquish its seat in favour of Belarus on the last day prior to the beginning of the forty-sixth session of the Commission, in July 2013. As a result, a vacancy has occurred and a new member must therefore be elected to fill the unexpired term of office of the Czech Republic that will commence on 8 July 2013, the first day of the forty-sixth session of the Commission. May I take it that the Assembly decides to declare Belarus a member of the United Nations Commission on International Trade Law for a term of office beginning the first day of the forty-sixth session of the Commission, on 8 July 2013, and expiring on the last day prior to the beginning of the forty-ninth session of the Commission in 2016?

The Assembly has thus concluded this stage of its consideration of sub-item (b) of agenda item 110.