A/72/PV.76 General Assembly

Saturday, Dec. 23, 2017 — Session 72, Meeting 76 — New York — UN Document ↗

The meeting was called to order at 11.30 p.m.
Vote: A/RES/72/245 Recorded Vote
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— Abstain (1)
✓ Yes (162)
Vote: A/RES/72/251 Recorded Vote
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✓ Yes (114)
Vote: A/RES/72/248 Recorded Vote
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✓ Yes (122)
Vote: A/RES/72/250 Recorded Vote
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✓ Yes (108)
Vote: A/RES/72/246 Recorded Vote
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✗ No (1)
✓ Yes (95)

Statement by the President

The President #83325
I congratulate everyone on the successful conclusion of our work during the main session. I would like to commend Ambassador Tommo Monthe, Chair of the Fifth Committee, as well as the other members of the Bureau for their dedication and skill in steering the work of the Committee and for their collective efforts to end the plenary session on time, before Christmas. The steadfast support that Ms. Sharon Van Buerle and her outstanding team have provided to the Fifth Committee merits special acknowledgement. I also thank the interpreters and conference service staff, who are with us at this unusual hour. The decisions we have agreed to and are about to formalize are crucial to the functioning of the United Nations. We have agreed on the programme budget for the biennium 2018-2019, which provides the Secretariat with the resources necessary to carry out its work. We have considered various other topics on the financing and management of the Organization, from construction to human resources management, and we have adopted a draft resolution on management reform in the Fifth Committee (A/C.5/72/L.22), enabling the Secretary-General to continue his efforts to make the United Nations more effective, accountable and efficient. Those decisions are the result of hard labour and countless hours spent in the windowless rooms of the United Nations basement. Arriving at consensus required difficult compromises from all sides, and I want to commend everyone for their commitment and resilience and the collegial manner with which they have conducted the work of the Fifth Committee this session. Looking back, everyone should feel proud of the results. The Fifth Committee was working under serious time pressure, due to the late availability of documentation. This problem has been plaguing the Committee for years and is beginning to hamper the intergovernmental consideration of issues that have significant financial and political importance. Looking ahead, in the spring the Fifth Committee will have two resumed sessions with heavy agendas. I encourage the Chair and the Bureau to continue their tireless efforts to address the problem of documentation with the Secretariat and the Advisory Committee on Administrative and Budgetary Questions. I stand ready to help them to make everyone’s working conditions better, and I believe we will give this problem serious consideration during the resumed session. For now, I thank one and all for their excellent work. By the way, everyone looks better than I expected. Programme of work
The President #83326
I would like to draw the attention of members to the date of recess of the current session. Members will recall that at its 75th plenary meeting, held on Friday, 22 December, the General Assembly decided that the seventy-second session would recess today, Saturday, 23 December. However, in view of the work that remains to be completed, I would like to propose that the Assembly postpone its recess date to tomorrow, Sunday, 24 December. If there is no objection, may I take it that the Assembly agrees to postpone the date of recess to Sunday, 24 December?

14.  Integrated and coordinated implementation of and follow-up to the outcomes of the major United Nations conferences and summits in the economic, social and related fields Follow-up to the outcome of the Millennium Summit

Vote: 72/244 Consensus
It was so decided.

72.  Promotion and protection of human rights (b) Human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms Report of the Third Committee (A/72/439/Add.2) Reports of the Fifth Committee (A/72/680 and A/72/675)

Vote: 56/167 Recorded Vote
✓ 95   ✗ 1   58 abs.
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✗ No (1)
✓ Yes (95)

97.  Prevention of an arms race in outer space Report of the First Committee (A/72/407) Report of the Fifth Committee (A/72/673)

Vote: 31/100 Recorded Vote
✓ 108   ✗ 5   47 abs.
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✓ Yes (108)
The President #83327
The General Assembly will take up the pending items listed in today’s Journal, including the reports of the Fifth Committee, on Sunday, 24 December, at 10 a.m. in the General Assembly Hall.

77.  Oceans and Law of the Sea

Vote: 72/249 Consensus

130.  Investigation into the conditions and circumstances resulting in the tragic death of Dag Hammarskjöld and of the members of the party accompanying him

Vote: 72/252 Consensus
The meeting was suspended at 11.35 p.m. on Saturday, 23 December, and resumed at 10.10 a.m. on Sunday, 24 December.
The President #83328
The Assembly will now take a decision on draft resolution A/72/L.9, entitled “Modalities for the Intergovernmental Conference to Adopt the Global Compact for Safe, Orderly and Regular Migration”. May I take it that the Assembly decides to adopt draft resolution A/72/L.9?
Vote: 39/201 Consensus
Draft resolution A/72/L.9 was adopted (resolution 72/244).
The President #83329
I now give the floor to the representative of El Salvador, who wishes to speak in explanation of position on the resolution just adopted. I would like to remind delegations that explanations are limited to 10 minutes and should be made by delegations from their seats.
Mr. Escalante Hasbún SLV El Salvador [Spanish] #83330
My country would like to make a statement following the adoption of resolution 72/244, on modalities for the intergovernmental conference that will adopt the global compact for safe, orderly and regular migration. El Salvador is pleased to have joined the consensus and hopes that all States Members of the United Nations will give the compact their full attention and political participation. We also hope there will be broad participation on the part of civil- society organizations. El Salvador, as is well known, would have preferred that the international conference for the adoption of the global compact be held in New York in order to facilitate the participation of all delegations, given the presence here of the Permanent Missions of all Member States, as well as in order to maintain a political focus on the universality of the issue of migration and its strong links with the 2030 Agenda for Sustainable Development, which was adopted in New York. Nevertheless, we appreciate Morocco’s willingness to host the conference. We have no doubt that as host, it will ensure that national and regional migration issues will be taken into account and that no country or region’s situation will be placed above any others. However, El Salvador believes that this is a package, and there is agreement, on behalf of the membership, to implement the provisions of paragraph 6 (b) of the resolution, where it is established that the document will be concluded according to the negotiation deadlines in New York in July 2018, and that the outcome will be transmitted by the President of the General Assembly, during its current session — in other words, before it ends, in September — to the conference for the sole purpose of its adoption. This goes together with the commitment in paragraph 9, whereby the compact will be adopted at the opening, and not at the end, of the conference. Similarly, El Salvador is joining the consensus based on the understanding that countries that have a high level of interest in this subject, but that do not have permanent representation in Morocco, will be able to benefit from the trust fund supporting the participation of representatives from developing countries, as called for in paragraph 19. We also have the understanding that the words “in particular”, referring to least developed countries, do not mean “exclusively”, and that countries such as El Salvador — which has been labelled in accordance with macroeconomic factors that are now out of step with the 2030 Agenda for Sustainable Development, and which has a strong interest in ensuring the success of the conference — will benefit from the fund in order to ensure their participation. El Salvador hopes that, with this compact, we will achieve universal consensus focusing on migrants and their families, which will promote their well-being wherever they are, irrespective of their migration status, and above all will focus on human rights. As a country, we believe that this is an opportunity not to be missed, and we therefore reiterate our interest in participating actively in the conference throughout the process.
The President #83331
We have heard the only speaker in explanation of position. I would like to express my sincere thanks to Ambassadors Gómez Camacho of Mexico and Jürg Lauber of Switzerland, the co-facilitators of the informal consultations, who demonstrated great ability and patience in their conduct of the discussions and complex negotiations on resolution 72/244. I also thank Member States for their valuable contributions to our efforts to reach an agreement on the resolution. The General Assembly has thus concluded this stage of its consideration of agenda items 14 and 117.

68.  Promotion and protection of the rights of children Report of the Third Committee (A/72/435) Draft amendment (A/72/L.36/Rev.1) Report of the Fifth Committee (A/72/672)

The President #83332
The General Assembly will now take action on draft resolution II, recommended by the Third Committee in paragraph 44 of its report. I shall now give the floor to the representative of the Sudan to speak in explanation of vote before the vote.
Ms. Mukhtar SDN Sudan #83333
My delegation has serious reservations with regard to the inclusion of any references to the jurisdiction of the International Criminal Court (ICC) and to the exploitation of draft resolution II to call for, propagate or exert unacceptable pressure on Member States to include such references and language. This jeopardizes the ongoing peacebuilding efforts in my country aimed at safeguarding the rights of the children of the Sudan. We want to reiterate once again that since 2003, and throughout the long period during which we in the Sudan addressed the conflict in Darfur, the International Criminal Court has been nothing but an impediment to peace. Every effort to achieve a lasting peace has been obstructed by the ICC simply through its persistent interference since its establishment in 2002. At best, the ICC is a threat to stability and peace in my country, quite apart from the problem of its disreputable history since its inception. The ICC is not an organ of the United Nations, in spite of the fervent attempts of some parties to depict it as otherwise in meetings of the Main Committees of the General Assembly. My delegation wants to distance itself from the Court and would therefore like to refer delegations to paragraph 16 of draft resolution II, on document on the rights of the child contained in document A/72/435, and to request a recorded vote on it. We call on Member States to vote against the inclusion of such references by deleting the words “inter alia, through the International Criminal Court” at the end of paragraph 16.

136.  Proposed programme budget for the biennium 2018-2019 Report of the Fifth Committee (A/72/681)

Vote: 31/37 Consensus
The President #83334
We shall now take a decision on draft resolution II, entitled “Rights of the child”. In accordance with rule 90 of the Assembly’s rules of procedure, the Assembly will first take a decision on the proposed draft amendment circulated in document A/72/L.36/Rev.1. A recorded vote has been requested.
A recorded vote was taken.
Vote: 31/169 Recorded Vote
✓ 122   ✗ 10   24 abs.
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✓ Yes (122)
The draft amendment was rejected by 30 votes to 89, with 31 abstentions.
The President #83335
We will now turn to draft resolution II, as a whole. A recorded vote has been requested. votes to none, with 1 abstention (resolution 72/245). [Subsequently, the delegations of the Central African Republic and Lebanon informed the Secretariat that they had intended to vote in favour.]
A recorded vote was taken.
Draft resolution II, as a whole, was adopted by 162
Vote: 32/413 Consensus
The President #83336
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 68 as a whole?
It was so decided.
The President #83337
The General Assembly will now to take action on draft resolutions XXI and XXII, recommended by the Third Committee in paragraph 188 of its report. Draft resolution XXI is entitled “Effects of terrorism on the enjoyment of human rights”. A recorded vote has been requested. [Subsequently, the delegations of Burundi, the Central African Republic, Lebanon and the Bolivarian Republic of Venezuela informed the Secretariat that they had intended to vote in favour.]
Vote: 31/100 Consensus
A recorded vote was taken.
Draft resolution XXI was adopted by 95 votes to 1, with 58 abstentions (resolution 72/246).
The President #83338
Draft resolution XXII is entitled “Twentieth anniversary and promotion of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms”. The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?
Vote: 32/95 Consensus
Draft resolution XXII was adopted (resolution 72/247).
The President #83339
May I take it that it is the wish of the General Assembly to conclude its consideration of sub-item (b) of agenda item 72? (c) Human rights situations and reports of special rapporteurs and representatives Report of the Third Committee (A/72/439/Add.3) Report of the Fifth Committee (A/72/674)
It was so decided.
Vote: 31/169 Consensus
The President #83340
The General Assembly will now take action on draft resolution V, recommended by the Third Committee in paragraph 33 of its report. I give the floor to the representative of Myanmar, who wishes to speak in explanation of vote before the voting.
Mr. Suan MMR Myanmar #83341
My delegation reiterates its rejection of draft resolution V, entitled “Situation of human rights in Myanmar”, as contained in document A/72/439/Add.3. We have time and again stated in unequivocal terms our strong objection to the discriminatory and selective application of overlapping multiple actions being taken unfairly against my country in the name of human rights under the various United Nations mechanisms. My delegation voted against the draft resolution in the Third Committee (A/C.3/72/L.48) and will do so again in the General Assembly today, because it contravenes the established United Nations procedures and universally accepted principles for addressing human rights issues in a member country. The draft resolution is subjective, politically motivated and written with the blatant intention of putting unwarranted political pressure on Myanmar. Its adoption will not help promote human rights in Myanmar. More importantly, it will not contribute to solving the protracted and complex situation in Rakhine state. This futile exercise will lead only to further polarization and an escalation of tensions among the various communities inside the country and beyond. We are also seriously concerned about the orchestrated demonization of Myanmar’s Government and security forces, which is being intensified with the deliberate intention of tarnishing our leadership’s image and integrity. Highly overdramatized and unverified human rights allegations, as well as irresponsible remarks by some countries, human rights groups and certain heads of United Nations agencies, are sowing seeds of hatred and mistrust among the various religious communities in Myanmar and the region beyond. The continuing provocative actions and the chorus of incitement, inflammatory rhetoric and biased media portrayals of the issue of Rakhine state must be stopped if we are to de-escalate the tension and restore normalcy to the lives of all the communities in the affected areas. Myanmar takes primary responsibility for addressing the complex and challenging issues in Rakhine state. However, they cannot be overcome overnight or by Myanmar alone. Our efforts must be buttressed with the understanding and support of the international community. The Government of Myanmar has been striving diligently to address the immediate humanitarian, security and socioeconomic needs resulting from the terrorist attacks perpetrated on 25 August by the Arakan Rohingya Salvation Army (ARSA). At the same time, the Government is continuing its efforts to promote peace and harmony and the sustainable development of Rakhine state for the benefit of all communities. The violence in the vicinity of Maungdaw has now ceased. Humanitarian assistance has been provided to all affected families through the Red Cross Movement, in coordination with the Government and the Coordinating Centre for Humanitarian Assistance on Disaster Management of the Association of Southeast Asian Nations. We have already agreed on the terms of reference for setting up a joint working group with Bangladesh, and a voluntary, safe and dignified repatriation process will begin before the end of January 2018. We have begun implementing the recommendations of the report of the Advisory Commission on Rakhine State, also known as the Annan Commission, as a road map for addressing the root causes of the problems in Rakhine state. As a responsible State Member of the United Nations, Myanmar has accepted and accommodated the United Nations special missions appointed under various mandates with the objective of building constructive engagement based on mutual respect and cooperation in the promotion and protection of human rights. Over the past three decades, we have fully cooperated with the successive special rapporteurs appointed by the Human Rights Council, the special advisers of the Secretary-General and other special mandate holders. Myanmar is also working closely with the Secretariat to establish a constructive partnership in our quest for peace, reconciliation and sustainable development in Rakhine state. The recent successful visit of Ms. Pramila Patten, Special Representative of the Secretary-General on Sexual Violence in Conflict, was a clear demonstration of Myanmar’s sincere desire to work with the United Nations. We will continue to do so in the future in good faith. We believe that mutual respect and constructive cooperation can only bring about positive results. The Security Council has held eight meetings on the situation of Rakhine and the humanitarian issue since March this year and has adopted presidential statement S/PRST/2017/22 in that regard. The Human Rights Council, at its thirty-fourth session, adopted a resolution (34/22) and appointed an international fact- finding mission, in addition to the existing Special Rapporteur on Human Rights in Myanmar. Once again, on 5 November, the Human Rights Council held a special session and adopted another resolution (S-27/1). Here in the General Assembly, the Third Committee adopted draft resolution A/C.3/72/L.48 on the same issue. All these sequential events exceed reasonable actions for the promotion and protection of human rights in a country. There is a strong ulterior political motive behind them. Moreover, we cannot be obliged to accept a country-specific draft resolution on human rights initiated by countries with malicious intent whose own human rights records are far from perfect. Today’s draft resolution represents nothing but evidence of an attempt by some countries to abuse the United Nations in order to impose their political agenda on Myanmar. The draft resolution will not help to solve the current humanitarian problem or the complex issues of Rakhine state. Exerting undue political pressure and coercive measures can have only negative results and will exacerbate the situation on the ground. The Government and people of Myanmar are united in their unswerving resolve to address the issue of Rakhine state. We will not be deterred by any external interference in our efforts to bring peace, harmony and development to Rakhine state. The Government of Myanmar wishes to express its profound appreciation to all the countries that supported Myanmar by rejecting this draft resolution in the Third Committee. We would like to urge all delegations to do the same today and to vote against this politically motivated, country-specific draft resolution on Myanmar.
The President #83342
We have heard the last speaker in explanation of vote before the vote. Draft resolution V is entitled “Situation of human rights in Myanmar”. A recorded vote has been requested. [Subsequently, the delegations of Côte d’Ivoire and the Islamic Republic of Iran informed the Secretariat that they had intended to vote in favour.]
A recorded vote was taken.
Draft resolution V was adopted by 122 votes to 10, with 24 abstentions (resolution 72/248).
The President #83343
The General Assembly has thus concluded this stage of its consideration of sub-item (c) of agenda item 72.
The President #83344
The Assembly will now take a decision on draft resolution A/72/L.7, entitled “International legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction”. I give the floor to the representative of the Secretariat.
Mr. Nakano Department for General Assembly and Conference Management #83345
I should like to announce that since the submission of the draft resolution and in addition to those delegations listed in document A/72/L.7, the following countries have become sponsors of the draft resolution: Albania, the Bahamas, Bangladesh, Barbados, Belize, Bosnia and Herzegovina, Cabo Verde, Cameroon, the Dominican Republic, Georgia, Iceland, India, Israel, Lebanon, Mongolia, Montenegro, Nepal, Nigeria, the Republic of Korea, Saint Lucia, Sierra Leone, Sri Lanka, Suriname, Switzerland, the former Yugoslav Republic of Macedonia, Timor-Leste, Ukraine and Viet Nam.
The President #83346
May I take it that the Assembly decides to adopt draft resolution A/72/L.7?
Draft resolution A/72/L.7 was adopted (resolution 72/249).
The President #83347
Before giving the floor to speakers in explanation of position after adoption, I would like to remind delegations that explanations are limited to 10 minutes and should be made by delegations from their seats.
Mr. Pedraza COL Colombia [Spanish] #83348
The delegation of Colombia would like to offer its sincere thanks to the facilitators, Ms. Kate Neilson of New Zealand and Mr. Pablo Arrocha Olabuenaga of Mexico, for their tireless work as coordinators of resolution 72/249, aimed at establishing the modalities to create an international legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. Both led the discussions at a high level of transparency and in a constructive spirit, and that is reflected in the text that we have adopted today. Colombia is a nation with coasts on both the Atlantic and Pacific oceans, and its biological and geographic conditions afford its marine and coastal ecosystems great diversity. The health of these ecosystems depends not just on coherent and responsible national management, but also on other countries that have effects on both their own waters and those beyond national jurisdiction. As a highly diverse country, Colombia is committed to the conservation, protection and sustainable development of the oceans through the implementation of policies, plans and programmes in this area at the national, regional and global levels. Now more than ever, we join the chorus of voices calling for the protection and sustainable development of areas beyond national jurisdiction. This is particularly important in the light of the fact that these ecosystems and their resources are increasingly threatened by human activities. I would like to stress the importance that Colombia attaches to the creating this instrument as soon as possible. However, we would like to recall that paragraph 10 of the resolution just adopted indicates that neither participation in the negotiations nor their outcome may affect the legal status of non-parties to the United Nations Convention on the Law of the Sea (UNCLOS). Colombia takes this opportunity to reiterate that it has not ratified UNCLOS, which is why UNCLOS’s provisions, other than those that Colombia has expressly adopted, cannot be applied to it. Based on this premise, Colombia has decided to participate in the negotiations on the creation of this new instrument. We therefore understand that this resolution and Colombia’s participation in the process of its adoption cannot be considered or interpreted in any way as implying Colombia’s express or tacit acceptance of the provisions contained in UNCLOS.
Ms. Chernysheva RUS Russian Federation [Russian] #83349
The Russian delegation attaches great importance to the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. We have repeatedly stated that this topic requires serious and careful consideration, especially given the fact that radical approaches have often been voiced during discussions. Such approaches could undermine the existing legal regime established under the United Nations Convention on the Law of the Sea (UNCLOS) and the international treaties that have been adopted on its basis. Our doubts about the consideration of the topic grew with each round of discussions. During the negotiations on biodiversity, there was a stark divergence of positions, a lack of effort to find common ground and a reluctance on the part of many delegations to strike a balance between the importance of sustainable economic activity and the protection of the marine environment. This state of affairs naturally resulted in the collapse of the work of the Preparatory Committee established under resolution 69/292. The Committee failed to fulfil its mandate, since it did not reach a consensus on any of the possible elements of a draft text of an international legally binding instrument under the United Nations Convention on the Law of the Sea. We regret that the final document of the Preparatory Committee (A/AC.287/2017/PC.4/2) did not take into account the positions of a number of States, including our own principled approaches. In the circumstances, we see no reasonable justification for convening a diplomatic conference. What would be justifiable would be to continue working within the Preparatory Committee so that it can fulfil its mandate, which means seeking consensus- based elements that could form the basis of a future agreement. We therefore saw no reason to accelerate the drafting of resolution 72/249. In order to conclude work on the resolution speedily, ambiguities in the modalities of the future conference were overlooked. Currently, it is underpinned by procedural mechanisms that enable their application to be loosely interpreted, to the detriment of the process and its potential results. The rules of procedure are reflected in the practice of the General Assembly, which is not always consistent. That inevitably carries the risk of abuse, including on the sensitive issue of adopting resolutions by consensus. The resolution contains a provision for drawing up a legally binding instrument as soon as possible. However, no agreement was reached on it in the Preparatory Committee. Our constructive proposal for drafting two resolutions, in order to enable all the procedural foundations of the work of the diplomatic conference to be carefully considered, was ignored. The haste and negligence we saw in this process served only to undermine trust in it. In that regard, the Russian delegation dissociates itself from the consensus on the resolution to convene a diplomatic conference. We call on the parties concerned to pursue their future work on the basis of an open, honest and inclusive dialogue, a crucial component of which is the adoption of resolutions exclusively by consensus, including on all procedural issues. That is the only approach that can ensure fruitful and successful work on biodiversity issues.
Ms. Salas Pellicer VEN Bolivarian Republic of Venezuela [Spanish] #83350
Our delegation would like to discuss resolution 72/249, just adopted under agenda item 77, “Oceans and the law of the sea”, on an international legally binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. We thank the delegations of Mexico and New Zealand for facilitating the negotiation process. We would like to recall that Venezuela is not a party to the United Nations Convention on the Law of the Sea. That is why the norms referred to in that instrument, especially those that could be classified as customary international law, cannot be applied to us unless our country expressly recognizes them in the exercise of its full sovereignty. Similarly, UNCLOS should not be considered the only legal framework within which all activities carried out in the oceans and seas must be governed, since there are other international instruments in this area that, together with UNCLOS, form part of the body of legal texts known as the law of the sea. The Bolivarian Republic of Venezuela supports efforts aimed at fostering the use of marine areas in an efficient and sustainable manner, in accordance with the provisions of international law. Accordingly, Venezuela joins the consensus on this resolution, taking into account paragraph 10, whereby the Assembly recognizes that neither participation in the negotiations nor their outcome may affect the legal status of non-parties to the Convention or any other related agreements with regard to these instruments. That is why the participation of our delegation at the intergovernmental conference cannot be interpreted as a change of our position with regard to UNCLOS. The conservation and sustainable use of marine biodiversity beyond national jurisdiction are the subject of special attention from the international community and our country. The urgent need for convening a conference has always been clear to Venezuela but, as various delegations said during the negotiations, this cannot take place without a set of minimum agreements to ensure that the results of the intergovernmental conference, which will begin in 2018, are effective in accordance with the aspirations of the international community. In particular, they must be aimed at advancing the desired goal of improving the health of the oceans and seas for the preservation of life on the planet and for the benefit of present and future generations.
Mr. Begeç TUR Türkiye #83351
With regard to resolution 72/249, adopted under sub-item (a) of agenda item 77, I would like to point out that Turkey supports efforts aimed at efficient, environmentally conscious and sustainable use of maritime spaces in accordance with international law. We therefore supported resolution 72/249. Having said that, our delegation’s participation in the deliberations and negotiations envisaged in the framework of the resolution, which may result in a possible legally binding instrument, cannot be construed as a change in Turkey’s established position on the United Nations Convention on the Law of the Sea (UNCLOS). Turkey is not a party to UNCLOS and is of the opinion that UNCLOS is neither universal nor unified. Nor is it the only legal framework regulating activities in the oceans and the seas. Indeed, we welcome that the fact that the resolution contains a paragraph that acknowledges that neither participation in the negotiations nor their outcome may affect the legal status of non-parties to the Convention or any other related agreements with regard to those instruments.
Ms. Norman-Chalet USA United States of America #83352
As my delegation stated during the debate on this agenda item on 5 December (see A/72/PV.64), we strongly believe that the intergovernmental conference should operate by consensus. We believe that this is the best way to arrive at effective and lasting solutions with regard to an international legally binding instrument on the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction that will be supported by the most States. Unfortunately, resolution 72/249 does not require decision-making by consensus in the conference. While we remain concerned about the potential outcome of an intergovernmental conference operating on the decision-making modality presented in the resolution, we do not object to its adoption. My delegation remains hopeful that we can make progress towards our shared goal of the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction, and urges all States to continue to work on a basis of consensus, as the best path to a meaningful and lasting new agreement. Finally, the United States expresses its appreciation to the delegations of New Zealand and Mexico for their efforts in shepherding the resolution, and particularly for their outreach to all delegations.
The President #83353
We have heard the last speaker in explanation of vote. May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 77?
It was so decided.
The President #83354
The Assembly will now take a decision on draft resolution III, entitled “Further practical measures for the prevention of an arms race in outer space”, recommended by the First Committee in paragraph 12 of its report A/72/407. A recorded vote has been requested. [Subsequently, the delegation of Timor-Leste informed the Secretariat that it had intended to vote in favour.]
A recorded vote was taken.
Draft resolution III was adopted by 108 votes to 5, with 47 abstentions (resolution 72/250).
The President #83355
May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 97?
It was so decided.

99.  General and complete disarmament Report of the First Committee (A/72/409) Report of the Fifth Committee (A/72/673)

The President #83356
The Assembly has before it draft resolution XXVIII, entitled “Follow-up to the 2013 high-level meeting of the General Assembly on nuclear disarmament”, recommended by the First Committee in paragraph 84 of its report. A recorded vote has been requested. A separate recorded vote has been requested on the twelfth preambular paragraph of draft resolution XXVIII. I shall first put to the vote the twelfth preambular paragraph of draft resolution A/72/L.28.
A recorded vote was taken.
The twelfth preambular paragraph of draft resolution XXVIII was retained by 97 votes to 29, with 18 abstentions.
The President #83357
I shall now put to the vote draft resolution XXVIII, as a whole. [Subsequently, the delegation of the United Arab Emirates informed the Secretariat that it had intended to vote in favour; the delegation of Norway that it had intended to abstain.]
A recorded vote was taken.
Draft resolution XXVIII, as a whole, was adopted by 114 votes to 30, with 14 abstentions (resolution 72/251).
The President #83358
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 99?
It was so decided.
The President #83359
The Assembly will now take a decision on draft resolution A/72/L.19, entitled “Investigation into the conditions and circumstances resulting in the tragic death of Dag Hammarskjöld and of the members of the party accompanying him”. I now give the floor to the representative of the Secretariat.
Mr. Nakano Department for General Assembly and Conference Management #83360
I should like to announce that, since the submission of the draft resolution, and in addition to those delegations listed in document A/72/L.19, the following countries have become sponsors of draft resolution A/72/L.19: Antigua and Barbuda, Argentina, Bangladesh, Benin, the Plurinational State of Bolivia, Brazil, Cabo Verde, Canada, Chile, Cuba, the Czech Republic, Djibouti, El Salvador, Equatorial Guinea, Gabon, the Gambia, Greece, Indonesia, Iraq, Italy, Kuwait, the Lao People’s Democratic Republic, Lesotho, Libya, Malaysia, Mali, Mauritius, Mongolia, Morocco, Mozambique, Nauru, Nigeria, Palau, Panama, Paraguay, the Philippines, Rwanda, Sierra Leone, Solomon Islands, South Africa, Sri Lanka, Tonga, Turkey, Ukraine, the United Republic of Tanzania, Viet Nam and Zambia.
The President #83361
May I take it that the Assembly decides to adopt draft resolution A/72/L.19?
The draft resolution was adopted (resolution 72/252).
The President #83362
The General Assembly has thus concluded this stage of its consideration of agenda item 130. Reports of the Fifth Committee
The President #83363
The General Assembly will now consider the reports of the Fifth Committee on agenda items 134 to 136, 141, 143, 146 to 148, 163 and 165. I request the Rapporteur of the Fifth Committee, Mr. Felipe García Landa of Mexico, to introduce, in one intervention, the reports of the Fifth Committee before the Assembly.
The President #83364
Before proceeding further, I would like to point out to representatives that, as the Fifth Committee only finished its work early this morning, the reports are available in English only. It is my understanding that they will be issued in all languages as soon as possible. I thank everyone for their understanding. The positions of delegations regarding the recommendations of the Fifth Committee have been made clear in the Committee and are reflected in the relevant official records. Therefore, 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 Fifth Committee that are before the Assembly today.
It was so decided.
The President #83365
Statements will therefore be limited to explanations of vote or position. May I remind members that, in accordance with decision 34/401, 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. Additionally, explanations 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 Fifth 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 Fifth Committee, unless notified otherwise in advance. That means that, where recorded votes were taken, we will do the same. I also hope that we will adopt without a vote those recommendations that were adopted without a vote in the Fifth Committee. The results of the voting will be uploaded and available on the PaperSmart portal.

135.  Programme budget for the biennium 2016-2017 Report of the Fifth Committee (A/72/668)

The President #83366
The Assembly has before it a draft resolution recommended by the Fifth Committee in paragraph 8 of its report and a draft decision recommended by the Committee in paragraph 9 of the same report. We first turn to the draft resolution, entitled “Programme budget for the biennium 2016-2017”, the text of which, for the time being, is contained in document A/C.5/72/L.11. The Fifth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?
The draft resolution was adopted (resolution 72/253).
The President #83367
We now turn to the draft decision, entitled “United Nations office for partnerships”. The Fifth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?
The draft decision was adopted (decision 72/546).
The President #83368
The Assembly has thus concluded this stage of its consideration of agenda item 135.

141.  Human resources management Report of the Fifth Committee (A/72/667)

The President #83369
The Assembly has before it a draft resolution recommended by the Fifth Committee in paragraph 6 of its report. The text of the draft resolution, for the time being, is contained in document A/C.5/72/L.10. We will now take action on the draft resolution. The Fifth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?
The draft resolution was adopted (resolution 72/254).
The President #83370
The Assembly has thus concluded this stage of its consideration of agenda item 141.

143.  United Nations common system Report of the Fifth Committee (A/72/666)

The President #83371
The Assembly has before it a draft resolution recommended by the Fifth Committee in paragraph 6 of its report. The text of the draft resolution, for the time being, is contained in document A/C.5/72/L.9. We will now take a decision on the draft resolution. The Fifth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?
The draft resolution was adopted (resolution 72/255).
The President #83372
The General Assembly has thus concluded this stage of its consideration of agenda item 143.

146.  Administration of justice at the United Nations Report of the Fifth Committee (A/72/665)

The President #83373
The Assembly has before it a draft resolution recommended by the Fifth Committee in paragraph 6 of its report. The text of the draft resolution, for the time being, is contained in document A/C.5/72/L.8. We will now take a decision on the draft resolution. The Fifth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?
The draft resolution was adopted (resolution 72/256).
The President #83374
The General Assembly has thus concluded this stage of its consideration of agenda item 146.

147.  Financing of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 Report of the Fifth Committee (A/72/664)

The President #83375
The Assembly has before it a draft resolution recommended by the Fifth Committee in paragraph 6 of its report. The text of the draft resolution, for the time being, is contained in document A/C.5/72/L.7. We will now take a decision on the draft resolution. The Fifth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?
The draft resolution was adopted (resolution 72/257).
The President #83376
The General Assembly has thus concluded this stage of its consideration of agenda item 147.

148.  Financing of the International Residual Mechanism for Criminal Tribunals Report of the Fifth Committee (A/72/669)

The President #83377
The Assembly has before it a draft resolution recommended by the Fifth Committee in paragraph 6 of its report. The text of the draft resolution, for the time being, is contained in document A/C.5/72/L.12. We will now take a decision on the draft resolution. The Fifth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?
The draft resolution was adopted (resolution 72/258).
The President #83378
The General Assembly has thus concluded this stage of its consideration of agenda item 148.

163.  Financing of the African Union-United Nations Hybrid Operation in Darfur Report of the Fifth Committee (A/72/671)

The President #83379
The Assembly has before it a draft resolution recommended by the Fifth Committee in paragraph 6 of its report. The text of the draft resolution, for the time being, is contained in document A/C.5/72/L.14. The Assembly will now take a decision on the draft resolution. The Fifth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?
The draft resolution was adopted (resolution 72/259).
The President #83380
The General Assembly has thus concluded this stage of its consideration of agenda item 163.

165.  Financing of the United Nations Mission for Justice Support in Haiti Report of the Fifth Committee (A/72/670)

The President #83381
The Assembly has before it a draft resolution recommended by the Fifth Committee in paragraph 6 of its report. The text of the draft resolution, for the time being, is contained in document A/C.5/72/L.13. The Assembly will now take a decision on the draft resolution. The Fifth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?
The draft resolution was adopted (resolution 72/260).
The President #83382
The General Assembly has thus concluded this stage of its consideration of agenda item 165.
The President #83383
The report of the Fifth Committee under this agenda item, for the time being, is contained in document A/C.5/72/L.21. The Assembly has before it five draft resolutions recommended by the Fifth Committee in paragraph 42 of its report. I now give the floor to the representative of Cuba to introduce a draft oral amendment to draft resolution II.
Mrs. De Armas Bonchang CUB Cuba [Spanish] #83384
My delegation wishes to discuss agenda item 136, in particular draft resolution II, as contained in document A/C.5/72/L.21, and specifically to section XXII of the draft resolution, entitled “Estimates in respect of special political missions, good offices and other political initiatives authorized by the General Assembly and/or the Security Council”. As we have pointed out for more than 10 years, there is no legal basis for carrying out activities related to the responsibility to protect, since there is no negotiated intergovernmental agreement among Member States with regard to the definition of that concept. During that more-than-10-year period, the Secretariat has not been able to present a legislative mandate given by Member States to make progress on the implementation of that concept. Resources related to the Special Adviser on the Responsibility to Protect seem to have been combined with those requested for the Special Adviser to the Secretary-General on the Prevention of Genocide, whose functions have the full support of our delegation, in line with the consistent principled position of the Cuban Government against genocide. The amendments we propose do not seek to undermine either the functions or the resources of the Special Adviser on the Prevention of Genocide. The delegation of Cuba therefore firmly believes that the budgetary estimates and the associated narrative presented for the Special Adviser on the Responsibility to Protect should be deleted and should be considered only once the General Assembly has decided on the concept, its implementation, the scope of its application and other related matters. I would therefore like to reiterate Cuba’s request to introduce amendments to section XXII of draft resolution II, incorporated in the following preambular and operative paragraphs, which I will now read out. The first preambular paragraph should read as follows: “Recalling that the General Assembly has not decided on the concept of responsibility to protect, its scope, implications and possible means of implementation”. The second preambular paragraph should read as follows: “Noting that the estimates of thematic cluster I comprise narratives, functions, expected accomplishments, indicators of achievement, outputs and other information related to the Special Adviser to the Secretary-General on the Responsibility to Protect”. Operative paragraph 1 should read as follows: “Decides to delete all references to the activities, functions, expected accomplishments, indicators of achievement, outputs and other information related to the Special Representative to the Secretary-General on the Responsibility to Protect, as contained in the strategic framework and the related narratives of the Office of the Special Adviser to the Secretary-General on the Prevention of Genocide”. Operative paragraph 2 should read as follows: “Requests the Secretary-General to issue a corrigendum to his report contained in document A/72/371/Add.1”. In conclusion, we ask delegations to consider the amendments that we have just introduced and to vote in favour of them.
The President #83385
I shall now give the floor to delegations that wish to explain their vote or position before we take action on the proposals before us.
Mr. Lipand EST Estonia on behalf of member States of the European Union #83386
I have the honour to speak on behalf of the member States of the European Union. The candidate countries the former Yugoslav Republic of Macedonia, Montenegro and Albania, as well as Liechtenstein, align themselves with this statement. The Fifth Committee is the Main Committee of the General Assembly entrusted with responsibility for administrative and budgetary matters. We believe that the discussions in the Fifth Committee should focus on those aspects of the items under consideration. The Committee should refrain from political discussions belonging to other United Nations forums. The mandate of the Office of the Special Adviser to the Secretary-General on the Prevention of Genocide was approved by Security Council resolution 1366 (2001). It is our responsibility, as the budgetary committee, to ensure that the Office is adequately funded, so that it can effectively implement its mandate and all of the functions related to it. The paragraphs proposed as amendments to draft resolution II, however, would greatly reduce the capacity of the Office of the Special Adviser to the Secretary-General on the Prevention of Genocide to implement its mandate. In particular, the paragraphs would hamper the Office in cooperating in close collaboration with other United Nations entities, especially the Special Adviser to the Secretary-General on the Responsibility to Protect. For that reason, we will vote against the draft amendment, and we call on other delegations to follow suit.
Mr. Yazdani IRN Islamic Republic of Iran #83387
My delegation has asked for the floor to explain its vote on the proposed draft amendment introduced by the delegation of Cuba to section XXII of draft resolution II. The Islamic Republic of Iran has always supported the activities of the United Nations within its mandates and based on its rules and regulations — in particular the Charter of the United Nations. Furthermore, my delegation supports ensuring an expeditious, effective and immediate response by the United Nations in the prevention of genocide and mass atrocities. However, in my delegation’s view, there is no intergovernmental consensus on the concept of the responsibility to protect. It is therefore not acceptable to my delegation that the limited financial resources of the Organization be allocated to a post for which there are no agreed terms of reference for its functions, owing to the absence of an agreed definition regarding the responsibility to protect. For that reason, my delegation will vote in favour of the amendment proposed by the delegation of Cuba and would like to invite all delegations to do the same.
Mr. Escoto NIC Nicaragua [Spanish] #83388
My delegation has asked for the floor to explain its vote on Cuba’s proposed amendment to section XXII of draft resolution II. Nicaragua finds it inappropriate for the United Nations to assign resources to the Special Adviser to the Secretary-General on the Responsibility to Protect and deems even more inappropriate the mixing of those resources with those of the Special Adviser to the Secretary-General on the Prevention of Genocide. We note that there is no consensus on this concept in the General Assembly, which is why my delegation will support Cuba’s proposed amendment to the text. We urge the other Member States to duly support it as well.
Mr. Vachon CAN Canada #83389
Canada supports the call for a vote and urges Member States to reject the oral amendments to draft resolution II and vote no for all of the reasons we have already expressed in the Fifth Committee.
Mr. Awad SYR Syrian Arab Republic #83390
My delegation considers the principle of protection to be one of the most controversial issues at the United Nations. The General Assembly has not reached agreement on the definition of that principle, its scope, effects or possible means for its implementation since the adoption of resolution 63/308. My delegation believes that the implementation of that concept constitutes a flagrant violation of the purposes and principles of the Charter of the United Nations — in particular those concerning sovereignty, territorial integrity and non-interference in the internal affairs of Member States. My delegation will therefore vote in favour of the oral amendment to draft resolution II.
Mr. Varankov BLR Belarus [Russian] #83391
The delegation of the Republic of Belarus has consistently been of the view that it is premature to determine the concept under consideration. Furthermore, we object to conflating two completely unrelated mandates, which leads to abuse in allocating financing for one mandate at the expense of another. In that connection, we call for support for the amendment proposed by the Cuban delegation to draft resolution II.
Mr. Ri Song Chol PRK Democratic People's Republic of Korea #83392
The delegation of the Democratic People’s Republic of Korea supports the draft oral amendment to section XXII of draft resolution II proposed by the Cuban delegation, since the concept of the responsibility to protect has not yet been agreed on by all Member States in the General Assembly and informal discussions are still ongoing. It is unacceptable to discuss budgetary issues related to the Special Adviser to the Secretary- General on the Responsibility to Protect and mix them with the budget of the Special Adviser to the Secretary- General on the Prevention of Genocide. The Democratic People’s Republic of Korea will therefore vote in favour of the draft amendment.
The President #83393
We have heard the last speaker in explanation of vote or position before the voting. We will now take a decision on draft resolutions I to V, one by one. Draft resolution I is entitled “Questions relating to the proposed programme budget for the biennium 2018-2019”, the text of which, for the time being, is contained in document A/C.5/72/L.16. The Fifth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?
Draft resolution I was adopted (resolution 72/261).
The President #83394
We now turn to draft resolution II, entitled “Special subjects relating to the proposed programme budget for the biennium 2018-2019”, the text of which, for the time being, is contained in document A/C.5/72/L.17. The representative of Cuba has introduced a draft oral amendment to section XXII of draft resolution II. In accordance with rule 90 of the rules of procedure, the Assembly will now take a decision on the draft oral amendment. A recorded vote has been requested.
A recorded vote was taken.
The draft oral amendment was rejected by 24 votes to 76, with 44 abstentions.
The President #83395
The General Assembly will now take a decision on draft resolution II, entitled “Special subjects relating to the proposed programme budget for the biennium 2018-2019”. The Fifth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?
Draft resolution II was adopted (resolution 72/262).
The President #83396
We next turn to draft resolution III, entitled “Programme budget for the biennium 2018-2019”, the text of which, for the time being, is contained in document A/C.5/72/L.18. The Fifth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?
Draft resolution III was adopted (resolution 72/263).
The President #83397
Draft resolution IV is entitled “Unforeseen extraordinary expenses for the biennium 2018-2019”, the text of which, for the time being, is contained in document A/C.5/72/L.19. The Fifth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?
Draft resolution IV was adopted (resolution 72/264).
The President #83398
Draft resolution V is entitled “Working Capital Fund for the biennium 2018–2019”, the text of which, for the time being, is contained in document A/C.5/72/L.20. The Fifth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?
Draft resolution V was adopted (resolution 72/265).
The President #83399
I shall now give the floor to those delegations that wish to explain their vote or position on the resolutions just adopted.
Mr. Awad SYR Syrian Arab Republic [Arabic] #83400
We requested the floor to explain our vote on certain sections of resolution 72/262. My delegation voted in favour of section XXII of the resolution, on special political missions. However, my delegation has reservations about allocating financial resources to the Special Envoy of the Secretary-General on the implementation of Security Council resolution 1559 (2004). Until he resigned, Special Envoy Terje Rød-Larsen went beyond the limits of his mandate, as set out in resolution 1559 (2004). Unfortunately, the authors of the reports of the Secretary-General, the Under-Secretaries-General for Political Affairs, have to date continued to adopt the same approach by monitoring bilateral issues pertaining to two sovereign States, Syria and Lebanon, especially as expressed in paragraphs 80 and 88 of the relevant report of the Secretary-General, which refer to the establishment of diplomatic relations between Syria and Lebanon and the demarcation of boundaries between the two States. That is a violation of their sovereignty and amounts to interference in the internal affairs of those two brotherly countries. Furthermore, the reports of the Secretary- General on the implementation of that resolution are clearly biased towards Israel, the occupying Power, as they continue to intentionally overlook Israel’s non-compliance with any of the terms of reference under resolution 1559 (2004), particularly withdrawal from the occupied Lebanese territories. My delegation joined the consensus on resolution 72/262, but with regard to section XIX, on the resolutions and decisions adopted by the Human Rights Council, the Syrian delegation has reservations about allocating financial resources to Human Rights Council resolutions 34/26 and 36/20, on the status of human rights in the Syrian Arab Republic. That is based on our well-known principled position whereby we reject the use of human rights issues in a selective, illegal and politicized manner so as to interfere in the internal affairs of countries under different pretexts. That is a contravention of the purposes and principles of the Charter of the United Nations, in particular sovereign equality and non-interference in the internal affairs of Member States, bearing in mind that the entity that adopts such decisions has no credibility and is biased. With regard to section IV of the resolution, on the Office of Counter-Terrorism, we joined the consensus in line with our well-known position of principle against terrorism, which is the main threat to international peace and security, as well as an obstacle to development at the national, regional and international levels, in particular to the achievement of the Sustainable Development Goals of the 2030 Agenda for Sustainable Development. My delegation underscores that the United Nations should play an active role in countering terrorism and strictly abide by the principles of international law and the provisions of the Charter. We emphasize that the Office of Counter- Terrorism should not be subject to political pressure or efforts to achieve financial polarization, which some States have attempted in trying to improve their world public image by using twisted, suspect methods such noble and humane-looking donations. However, those donor States have ulterior motives and evil aims in providing particular certain United Nations bodies with huge sums of money in order to influence their credibility and performance. In order to prevent this from continuing, therefore, we reaffirm that funding of all United Nations initiatives related to the interests of all States or to new international mechanisms must be part of the regular budget of the United Nations, so that there can be no interference by any State in the financial and administrative functioning of those mechanisms. That will protect the credibility, transparency, neutrality and non-politicization of the United Nations. Based on that principle, my delegation underscores that the Office of Counter-Terrorism should be exclusively funded by the regular budget, which is under the control of the relevant United Nations bodies. Consequently, my delegation expresses its reservations about the funding of the Office of Counter-Terrorism by one State that is well known for its sponsorship of terrorism. That is a serious and unjustified precedent that affords privileges and special status to the Government of one particular State in the work of the Office.
Mr. Yazdani IRN Islamic Republic of Iran #83401
My delegation wishes to dissociate itself from section XXII of resolution 72/262, in which it allocates resources for the implementation of Security Council resolution 2231 (2015). In that connection, I would like to express my concern about the overflow of human and financial resources into the resources allocated for the implementation of Security Council resolution 2231 (2015). Taking into account the nature and scope of the legislative mandates under resolution 2231 (2015), including with regard to the size and budget of the related verification and monitoring staff, the allocation of 11 positions and significant sums for official travel for an entity with such small capacity could definitely be interpreted as a waste of the Organization’s scarce resources. My delegation is of the view that the General Assembly took its first step to rectify that problem by downgrading two P-4 positions. However, we believe that while that measure is necessary, it is insufficient. We encourage the General Assembly to take more measures in that regard in order to prevent the squandering of resources and ensure that the amount of resources allocated to an item is commensurate with its mandated activities. Furthermore, we were interested to learn more about the performance of the capacity, as well as the justification for the proposed assumption, in order to examine the accuracy of the resource-requirement estimate. However, the Secretariat failed to meet the principle of transparency and neglected to provide the Committee with the additional requested information, which is essential to the fulfilment of its mandate. My delegation would also like to express its deep concern about non-compliance with mandates, related rules and regulations in terms of official travel and the provisions of paragraph 10 of the note by the President of the Security Council contained in document S/2016/44. According to that paragraph, “any actions related ... to enquiries, providing guidance and examining and taking appropriate action” shall be carried out only with the Security Council’s approval. Regrettably, the Secretariat has consistently neglected the provisions of that note. In conclusion, I would like to reiterate that my delegation aligns itself with the consensus on resolution 72/262 but wishes to dissociate itself from it part XXII, where resources for the implementation of resolution 2231 (2015) are allocated.
Mr. Tuy KHM Cambodia on behalf of Royal Government of Cambodia #83402
Following the adoption of resolution 72/262 under agenda item 136, I wish to make a statement on the resolution’s subvention to the international component of the Extraordinary Chambers in the Courts of Cambodia (ECCC) for 2018. On behalf of the Royal Government of Cambodia, I would like to express my sincere thanks and gratitude to Mr. António Guterres, Secretary-General of the United Nations, for his commitment to the ECCC and his kind efforts in securing funding for the Courts. Cambodia attaches great importance to the ECCC’s ongoing effort to bring justice to the Cambodian people through the ongiong trials of top Khmer Rouge leaders for various crimes committed during the period from 17 April 1975 to 6 January 1979, such as genocide, crimes against humanity and war crimes. The Royal Government of Cambodia supports the Secretary-General’s request that the General Assembly provide a subvention to the ECCC’s international component for 2018. The approved subvention will enable the Chambers to further carry out their work and activities towards completing the judicial proceedings in their various cases, in accordance with the completion plan. As it has for the past three consecutive years, the Royal Government of Cambodia will contribute $4 million to the national component of the ECCC in 2018, which accounts for 69 per cent of the proposed $5.8 million budget for the national component of the Courts. Of that contribution, $1.65 million is to cover the operational costs, and the other $2.35 million is to pay national staff salaries for the first six months of 2018. The Royal Government of Cambodia will seek continued United Nations support in raising additional funds from potential donors in the amount of $1.8 million, to cover the payment of national staff salaries for the remaining six months of 2018. I wish to report that, so far, the Royal Government of Cambodia has made significant contributions in kind and cash to the ECCC, totalling $41.5 million, reflecting the Government’s consistent commitment to the Chambers. Eleven years have elapsed since the inception of the Chambers. Through close collaboration and joint efforts between the Government of Cambodia and the United Nations, together with the generous support of the international community, the ECCC has made substantive judicial achievements and progress, as was highlighted in the Secretary-General’s report of 16 August (A/72/341). Case 001, against Kaing Guek Eav, and Case 002/1, against Nuon Chea and Khieu Samphan, were definitively concluded. All of them were sentenced to life imprisonment, and their appeals were upheld by the Supreme Court Chamber. Case 002/2, on additional charges against Nuon Chea and Khieu Samphan, was also concluded, and the delivery of a judgment is expected in the second quarter of 2018. Significant progress has also been made in Cases 003 and 004. In addition to the progress on the judicial aspects, the Chambers have also undertaken outreach activities in their efforts to increase public awareness and educate people on the progress of the Courts. Close to 560,000 people have had direct exposure to the ECCC. The judicial process of the Chambers is lengthy, requiring time and adequate financial support. The fight for justice is never easy, but it is a worthwhile endeavour. I believe that when the process is completed the ECCC’s legacy will be extremely important, in terms not only of the justice that we are seeking but also of the invaluable experience that the Chambers have had in the trials of the top Khmer Rouge leaders. That experience will serve as a basis for important court reform in Cambodia and elsewhere and for study by academia, university students, non-governmental organizations and civil society. The final judgments will send a strong signal to the world that the top Khmer Rouge leaders have been appropriately punished for crimes against humanity, that the criminals have not escaped with impunity and that such crimes will not be repeated. The Cambodian people will finally receive justice and assurances that they can live peacefully with full freedom and enjoy all the fundamental rights that are their due. As of today, the ECCC has left Cambodian society with a positive legacy, thereby contributing to national reconciliation and remembrance, ensuring that regimes like that of the Khmer Rouge do not recur and enhancing capacity- building and institutional reform. In conclusion, I would like to take this opportunity to express my sincere thanks and gratitude to the Secretary-General, the Steering Committee, the principal donors and other stakeholders for their support and financial contributions to the ECCC, without which the Courts could not have gone very far. I am fully confident that, at the end of the process, justice will be fully served for the Cambodian people and for all humankind.
Mr. Awad SYR Syrian Arab Republic [Arabic] #83403
This is the last time I will take the floor today. My delegation joined the consensus on resolution 72/261. However, we have a reservation regarding the allocation of financial resources to the United Nations Monitoring Mechanism in the Syrian Arab Republic based on the following points. The Government of the Syrian Arab Republic stresses its principled and firm position regarding the provision of humanitarian assistance to all people in need without discrimination, owing to its constitutional obligations. The Government underscores that it will continue to cooperate with the United Nations and its agencies in ensuring that assistance is delivered based on respect for the United Nations guidelines on providing assistance in emergencies pursuant to resolution 46/182. Paramount among those guidelines is respect for national sovereignty and the role of the relevant State in supervising the delivery of humanitarian assistance in its territories, and for the principles of neutrality, integrity and non-politicization. My delegation believes that it would be better to use the large amounts of money cited in the report to increase humanitarian assistance provided through international organizations operating within Syrian territory, in full cooperation and coordination with the Syrian Government. The Charter of the United Nations stresses the sovereignty of States and the importance of not contravening that principle through the establishment of such mechanisms, which constitute a flagrant violation of the sovereignty and independence of States and interfere in their internal affairs. My Government regrets that the General Assembly continues to overlook the root causes of the humanitarian crisis brought about by the emergence and proliferation of terrorist organizations that are supported, financed and facilitated by the Governments of well-known States. The General Assembly continues to ignore the fact that the Syrian Government provides 75 per cent of its people’s humanitarian needs and fulfils its obligations with regard to them, despite the arbitrary measures imposed unilaterally by certain Governments in clear violation of various provisions of the Charter and international law.
The President #83404
We have heard the last speaker in explanation of vote or position after the voting. The General Assembly has thus concluded this stage of its consideration of agenda item 136.

134.  Review of the efficiency of the administrative and financial functioning of the United Nations Report of the Fifth Committee (A/72/682)

The President #83405
The Assembly has before it a draft resolution recommended by the Fifth Committee in paragraph 8 of its report, as well as a draft decision recommended in paragraph 9 of the same report. The Assembly will take action on the draft resolution, entitled “Shifting the management paradigm in the United Nations”, the text of which, for the time being, is contained in document A/C.5/72/L.22. The Fifth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?
The draft resolution was adopted (resolution 72/266).
The President #83406
The Assembly will now take action on the draft decision, entitled “Questions deferred for future consideration”, the text of which, for the time being, is contained in document A/C.5/72/L.23. The Fifth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?
The draft decision was adopted (decision 72/547).
The President #83407
The Assembly has thus concluded this stage of its consideration of agenda item 134.

115i.  Appointment of the judges of the United Nations Dispute Tribunal

The President #83408
Members will recall that the Secretary-General, in his report circulated in document A/72/204, recommended that the General Assembly approve the extension of the three ad litem judge positions for a period of 12 months, from 1 January to 31 December 2018, in order to allow the Tribunal to keep abreast of its caseload. Members will also recall that, by its resolution 72/256, of 24 December 2017, the General Assembly decided, among other things, to extend the terms of the three ad litem judge positions and the current incumbent judges whose current terms of office are about to expire for one year, from 1 January to 31 December 2018. The three ad litem judges whose terms expire on 31 December 2017 are Judge Rowan Downing of Australia, Judge Alessandra Greceanu of Romania and Judge Nkemdilim Amelia Izuako of Nigeria. Pursuant to resolution 72/256, the General Assembly will now proceed to the extension of the terms of the three ad litem judges for the period of 1 January to 31 December 2018. May I take it that the Assembly wishes to extend the terms of office of the three ad litem judges — Judge Rowan Downing of Australia, Judge Alessandra Greceanu of Romania and Judge Nkemdilim Amelia Izuako of Nigeria — from 1 January to 31 December 2018? It was so decided (decision 72/415).
The President #83409
May I take it that it is the wish of the General Assembly to conclude its consideration of sub-item (i) of agenda item 115? (f) Appointment of members of the Committee on Conferences Note by the Secretary-General (A/72/107)
It was so decided.
The President #83410
Members will recall that, at its 74th plenary meeting, on 20 December 2017, the Assembly took note of the appointments of Botswana, France and the Russian Federation as members of the Committee on Conferences for a period of three years beginning on 1 January 2018. Members will also recall that two seats from among the Group of Asia-Pacific States still remain to be filled for a term of three years beginning on 1 January 2018. Following consultations with the Chair of the Group of Asia-Pacific States, I have appointed Iraq and Nepal to fill those two vacancies for a period of three years beginning on 1 January 2018. May I take it that the Assembly takes note of those appointments? It was so decided (decision 72/412).
The President #83411
I should like to remind members that one seat from among the Group of African States and one seat from among the Group of Latin American and Caribbean States remain to be filled for a term of three years beginning on 1 January 2018. I should also like to remind members that one seat from among the Group of Latin American and Caribbean States remains to be filled for a term beginning on the date of appointment and expiring on 31 December 2018. I urge those groups to submit their candidates for those seats as soon as possible. The General Assembly has thus concluded this stage of its consideration of sub-item (f) of agenda item 115. Programme of work
The President #83412
With regard to the programme of work of the General Assembly, apart from organizational matters and items that may have to be considered by operation of the rules of procedure of the Assembly, and bearing in mind that consideration and action have already been taken by the Assembly on a majority of items, I should like to inform members that the following agenda items remain open for consideration during the seventy-second session of the General Assembly: agenda items 9 to 15, 19, 19 (b), 22, 22 (b), 24, 24 (a) and (b), 29 to 38, 40, 41, 43 to 49, 55, 65, 66, 66 (a) and (b), 70, 72, 72 (c), 73, 73 (a) to (c), 88, 107, 111, 112, 113, 113 (a) and (b), 114, and 114 (a) and (b), 115, 115 (f) to (h), 116 to 128 and 130 to 165. May I take it that the Assembly wishes to take note of those agenda items that remain open for consideration during the seventy-second session of the Assembly?
It was so decided.
The President #83413
We are now at the end of the main part of the seventy-second session. More than three months ago, the general debate saw a record number of speakers. From the start, a few messages were clear. For instance, there were calls for a stronger United Nations and for us to focus more on people and recommitments to multilateralism. In that respect, I would like to stress two points. First, we have made progress in this main part of the seventy-second session. Progress is not measured by the number of resolutions that we adopt or the length of the meetings that we hold. Rather, it is measured by the impact that we make on people’s lives. Only last night, we adopted the programme budget for the biennium 2018-2019. In the past few months, we have had many discussions in the General Assembly and the Main Committees. We have made progress in some areas; in others we need more time to find solutions. We have moved forward on the Secretary- General’s reform proposals. We adopted two important resolutions by consensus: on the peace and security pillar reform (resolution 72/199) and on management reform (resolution 72/266). That shows the commitment of Member States to making the United Nations deliver for people. I stand ready to use my convening power to ensure the engagement and ownership of Member States with regard to the reform processes and their outcomes. Secondly, our work is not yet done. We have more to do next year. On migration, we must finalize the United Nations global compact. We share the same priority — peace and prevention, in particular peacebuilding and sustaining peace. I look forward to members’ participation during the high-level meeting on peacebuilding and sustaining peace in April 2018. Maintaining momentum on the Sustainable Development Goals is critical. We will launch the International Decade for Action, on the theme “Water for Sustainable Development”, look at innovative financing and engage young people. One of the first high-level meetings that I convened focused on Hurricane Irma’s devastating impact on the Caribbean islands. That reminds us how much work remains to be done on climate change. Work will continue on Security Council reform. We will consider the December report on the repositioning of the United Nations development system. Following the Secretary-General’s detailed report on the reform of the peace and security pillar (A/72/525), we will have more discussions. In order to have meaningful outcomes from all those processes, we need to talk and, more important, to listen to one another. Such agenda items represent global challenges and multilateralism is the tool that we need to solve them. Before I conclude, I must pay tribute to the Vice-Presidents of the General Assembly at its seventy-second session and to the Committee Chairs, Bureaux and secretariats for their work. I look forward to our continued collaboration. I also commend the representatives of Member States, who have embodied the messages from the general debate and focused on people. Each Committee has a different role to play, but they all represent multilateralism in action. The fruits of members’ labour are the resolutions and decisions adopted. Let us turn the words in those resolutions into action for people’s lives. I look forward to our work together in the new year. On 11 January, I plan to outline in detail my priorities for the resumed part of the seventy-second session. Let me once again thank all members and wish them a well- deserved holiday.
The meeting rose at 12.25 p.m.