S/37/PV.107 Security Council
THIRTY-SEVENTH SESSION
132. A/37/PV.I07 6. As regards agenda item 119, the report of the Sixth Committee is contained in document A/37/620. As indicated in paragraph 9 of the report, the Com- mittee recommends to the General Assembly the adoption of two draft resolutions. Under draft resolu- tion I, which was adopted without a vote, the Assembly would call upon UNCITRAL, and in particular its Working Group on the New International Economic Order, to continue to take account of the relevant provisions of the resolutions concerning the new international economic order, as adopted by the General Assembly at its sixth and seventh special sessions [resolutions 3201 (S-VI), 3202 (S-VI) and 3362 (S-VII)]. Under draft resolution 11, which'was adopted by consensus, the Assembly would re- commend that, in the preparation or revision of inter- national conventions containing limitation of liability provisions, the unit of account provision adopted by UNCITRAL should be used. 7. With respect to agenda item 120, the report of the Sixth Committee [A/37/699] contains, in para- graph 8, the text of a draft resolution which the Com- mittee recommends to the Assembly for adoption. Under this draft resolution, the Assembly would, inter alia, strongly condemn acts of violence against diplomatic and consular missions and representatives as well as again,st missions and representatives to international and intergovernmental organizations and officials of such organizations. It would urge States to observe and to implement the principles and rules of international law governing diplomatic and consular relations and, in particular, to take all necessary measures in conformity with their international obligations effectively to ensure the protection, security and safety of all diplomatic and consular missions, including practicable measures. to prohibit in their territories illegal activities of persons, groups and organizations that encourage, instigate, organize or engage in the perpetration of acts against the security and safety of such missions and repre- sentatives. The Assembly would further recommend that States co~operate closely in this area, and call upon States that 'have not yet done so to consider becoming parties to the instruments relevant to the 10. The results of the Sixth Committee's consider- ation of agenda item 125 are reflected in document A/37/700. Two draft resolutions are recommended for adoption by the Assembly and are to be found in paragraph 9 of that report. Draft resolution I concerns the report of the International Law Commission on the work of its thirty-fourth session. It contains directives concerning the work to be accomplished by the Commission in general and more specific directives concerning its programme, procedures and methods of work and certain organizational matters. It may be noted that, under this draft resolution, the Assembly would recommend that, taking into account the comments of Governments, whether in writing or expressed orally in debate in the General Assembly, the,International Law Commission should continue its work aimed at the preparation of drafts on all the topics in its current programme. This draft resolution was adopted by the Sixth Committee without a vote. Draft resolution 11 concerns the Con- vention on the Law of Treaties between States and International Organizations or between International Organizations. Under this draft resolution, the As- sembly would decide that an international convention should be concluded on the basis of the draft articles on the subject adopted in final form by the Interna- 12. I now turn to agenda item 127. The draft resolu- tion which the Sixth Committee recommends to the General Assembly for adoption under this item is to be found in paragraph 17 of the Committee's report [AI37/722]. The report of the Fifth Committee on the administrative and financial implications of this draft resolution is contained in document A/37/739. Under the terms of this draft resolution, which the Sixth Committee adopted by a recorded vote of 99 to none., with 15 abstentions, the Assembly would, inter alia, after welcoming the adoption ofthe Manila Declaration on the Peaceful Settlement of International Disputes [resolution 37//0] as a significant achievement or the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, decide that the Special Committee should continue its work and should at its next session, to be held in April and May 1983, accord priority to the proposals regarding the question of the main- tenance of international peace and security~ to docu- ment A/AC.182/L.29/Rev.14 and to other proposals made in regard to this subject, including those relating to the functioning of the Security Council; continue its work on the question of the peaceful settlement of disputes by considering the remaining proposals contained in the list prepared by the Special Com- mitteein accordance with Assembly resolution 33/94;5 and consider proposals made by Member States on the question of rationalization of existing procedures of the United Nations, as agreed by the Special Com- mittee at its 1982 session,6 as well as any proposals under other relevant topics. 13. The report of the Sixth Committee on agenda item 128 is contained in document A/37/710. Para- graph 11 of that report contains the text of a draft resolution which the Committee adopted without a vote and which it recommends to the Assembly for adoption. The draft resolution cans for the submission 17. I hope that I have not unduly taxed the patience of the members of the General Assembly. The Sixth Committee had a heavy agenda this year and I felt duty-bound to give to the recommendations of the Committee the somewh&t detailed treatment which the importance of the subject-matter they deal with would seem to call for. 18. Before leaving the rostrum, I should like to express my profound gratitude to the members of the Sixth Committee for the honour they bestowed upon me by electing me Rapporteur of the Committee for the thirty-seventh session of the General Assembly. I express my admiration and high esteem for our Chairman, Mr. Philippe Kirsch, of Canada, for the vigour, vigilance and sense of leadership with which he guided the work of the Committee to a sL;cessful conclusion. I thank our two Vice-Chairmen, Mr. Dia- conu of Romania and Mr. Maynard of the Bahamas, for their team spirit and co-operation. I should also like to extend to the Legal Counsel, Mr. Erik Suy, my personal appreciation for the advice and expres- sions of encouragement ami support he addressed to me from time to time. To Mr. Romanov and the entire staff of the Codification Division of the Office of Legal Affairs, I express my sincere gratitude for their tireless efforts and valuable support. 'The draft resolution Wllslldopted by 113 ,'otes to I, with 30 abstelltions (resolution 37/1lJ3). 23. The PRESIDENT: We turn now to the report of the Sixth Committee on agenda item 117 [A/37/750]. The Assembly win now take a decision on the draft resolution entitled "Observer status of national liberation movements recognized by the Organiza- tion of African Unity and/or by the League of Arab States" recommended by the Sixth Committee in para- graph 8 of that report. A recorded vote has been requested.
The Assembly will now take a decision on the draft resolution entitled ,.Report of the Special Committee on Enhancing the Effectiveness of the Principle of Non-Use of Force in International Relations" recommended by the Sixth Committee in
35. We therefore welcomed the initiative of those Nordic States which requested the inclusion in the provisional agenda ofthe thirty-fifth session ofap item on effective measures to enhance the protection, security and safety of diplomati~ and consular missions and representatives' and guided through the new reporting procedures established under General Assembly resolutions 35/168 of 15 December 1980 and 36/33 of 13 November 1981. We had hoped that these resolutions and these new reporting procedures would be useful as supportive measures, enabling INTERPOL and other, concerned organs to continue their ceaseless struggle against international terrorism. 36. Since resolution 36/33 was adopted, there have been at least six attacks on Israeli djr lomatic and consular posts. Two, lam glad to say,were thwarted by the local police-at Rome and at Athens. An attache of our Embassy in Paris was attacked and killed and another member of our oiplomatic Mission in loat city was badly injured in a booby-trapped car. uur Ambassador in London was shot last June as he left one of the leading hotels in the city and, despite the efforts of his bodyguard, supplied by Scotland Yard, was critically wounded and is still in critical condition. In other cities, bomb~ have been thrown at our di;llomatic and consular posts, fortunately without loss of life or injury. Amongst the places I have to mention are Guatemala and Ecuador.
49. Be that as it may, my delel"!ation is not satisfied with the procedures by which it h: decided to convene diplomatic ~onfererl~es fo! the c~E:lusion.. of i~te~~a tional trec.:"':~3. The financial regufatlons ot the ;;.Jmted Nations an d the rules of procedure of the General Assembly go no further than to require that resolu- tions with finar.dal implications for the Un~~\ed Nations -and I stress the words "for the United Nations"- should be presented to the General Assembly together with a report of the Fifth Committee, whi,ch ~tself is often accompanied by a statement from the AdVisory Committee on Administrative and Budgetary Ques- tions. No indication whatsoever is given of the cost to Governments. While, of course, thf.: United N&~ions cannot go very far in this direction, we th~nk that the presentation of the financial impl~cations ~ho~ld.be improved at least to the extentofglvmg some mdlcatlon of the relative ~ndex of the place where it is proposed to hold a conference in relati~m to the cost and indexing of Urlited Nations h :adquarters in New York. This Vlould not solve the problem of Govern- ments which are hard-pressed financially, but it certainly would facilitate their ov'n decisions on the matter, which in present conditions are not taken in full knowledge of what is involved.
SO. Other aspects which should ~e .clarifie~. ~or Governments would include commUnicatIOns faCIlIties of all. types, among them international direct-dialing for tlie telephone and the availability of facsimile transmission of documents. There is a second matter
wh~ch has emerged this year from the decision-em- bodied in Assembly resolution 37/11 of 15 November 1982-to convene the United Nations Conference on Succession of States in respect of State Property, Archives and Debts. Here I would like to refer to the very brief discussion which took place at the 30th a~d 31st meetings of the Sixth Committee, as reported m the Committee's report on agenda item 124 [A/37/593]. It was only in the course of that very brief discussion that we became aware of the possibility that that particular Conference might establish two committees ofthe whole and not one, as might have been expected for a Conference to deal with a relatively smc.H number of articles. In our view, before final de(;isions are reached by the General Assembly regarding the preparation of a multilateral trea~y,. much ful!er information on the proposed org~mzat1on of a dip- lomatic confere~lce or other prf;,c~dure for the final phase fihould be' made available to the competent organs of the Assembly than is currently usual. Draft resoluHon 11, which we have just adopted, only calls
miu~e L;dopted that dmft resolution without a vote. Mav I take i~ !hat t~le General Assembly wishes to J do the same'2-
The draft rt'"..'''I1;OI1 was adopted (resolu;lo 37/!13).
52. The PRE§~DENT: The Assembly ~NiH n~~w cons1der the r~port of the Six~h Committee en agen~~ item 127 [A/37/722]. I invite ~he Ass~mb~y tn turn !ts attention to the dr~ft resolution e'ltided ••Report of the Special Committee on the Charter of the United Nation§ and on ih~' Stnmgthening of the Role of HM~ Organization" recgmmende:l. by the Ce>mmittee in paragraph 17 of that report. The repvr~ -ryf the Fiith
Commntt~eon the adminisf~rativeand financmi :mpHca- dons of the draft resolution is conta.ined in do!'ument A/37i739. A recordp.d vote has been reque~~~d. 11'1 JlH'our. AlgerM, Angola, Antigua "nd Barbu~a, Argentina, AustraHa, Austda, Baham~s, Bahram. Bangladetlh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Brazil, Burma. Bumndi., Canada, Central Afd4;an Republic, Chad, Chile, China, Coiombia, Comoros, CCiigQ, (:osta Ric~. Cyprus, Democratic Kampuchz&~ Dem'Jcratii {,- iiten! Den- mark, Djibouti, Dominican Republic, bcuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, Gabon, Gambia, Germany, Federal Republic of, Ghana, Greece, Guatemala, Guinea, Guyana, Honduras, Iceland, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Italy, Ivory Coast, Jamaica, Japan, Jordan, Kenya, Kuwait, Lebanon, Lesotho, Libyan Ara!' Jamahiriya, Luxembourg, Madagascar, MalawI, Malaysia, Maldives, Mali, Malta, Mauritius, Mexico, Morocco, Mozambique", Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Portugal, Qatar, Romania, Rwanda, Samoa, Sao Tome and PriHcipe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden, Syrian Aral? Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, United A:rab Emirates, United Republic of Cameroon, Umted Republic of Tanzania, Upper Volta, Uruguay, Vanuatu, Venezuela, Yemen, Yugoslavia) Zaire, Zambia, Zimbahwe. Gen~ralAssemb'y wishe§ w do the same? The draft resolution was adopted(ieso]utiofi 37/1J5). 54. The '"'RESIDENT: We now tum to the report of the Sixth Committee on agenda item 129 [A/37170J]. In paragraph 10 IOf it§ report, the Committee r~com mends the adoption of a ~raft decision entitled "Draft body of principles for the protection of all persons under any form of deterAion or im;:-5sonment", which it aQopted wsthout a vote. M2y I take it that the General Assem"ly wi§h~s to dr the same? The drq(t decisPIl was adop 'ed (decision 37/427). 5.5. The PRES!DENT: The (eneral Assembly will '!lOW cons~der the report of the Sixth Committee on agenda item 130 [,.t.1/37i753]. I now put to the Assembly ahe draft decision entitled "Draft standard rules of procedure for Ulllited Nations conferences" recom- mended by the Committee in paragraph 4 of its report. The Committee adopted this draft decision by con- Commit~ee in paragraphS' of its report. The draft resolution was adopted by the Committee without a voie. May I take it that the General Assembly wa~ijes to do the same? The draft resolution was adopted(resolution 371!i 6,1. NOTES I Ofli..ial Records of the General Assembly. Tfjirty-st:venth Session, Supplement No. JO (A/37/IO). 2 See Offic:ial Records of the Unifed Nations Conferrm:e on the Representatinn lof States in Their Relations with Intemational Organizations, Vienna, 4 February-14 March 197J, vol. 11 (United Nations pulllication. Sales No. E.75.V.12), document A/CONF.67/ tS, annex. 3 Official Recoi'ds of the General Assembly, Thirty-seventl~ Session, Supple-ment No. 26 (A/37/26). . 4 Ibid., Supplement No. 33 (A/37i33), para. 254. S ibid.,. Thirty-!ourth Session, Supplement No. 33 (A/34/33), para. 13. 6 Ibid., Thirty-seventh Session, Supplem.ent No. 33 (A/37/33), para. 17. 7 Ibid., Thirty-fiftlr Session, Annexes, agenda item 114. document A/35/142.
A recorded t'o'le was taken.
The meeting rose ai 12./0 p.m.