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A/RES/73/304 GA

Towards torture-free trade: examining the feasibility, scope and parameters for possible common international standards

73
Session
81
Yes
20
No
44
Abstentions
Draft symbol A/73/L.94
Adopted symbol A/RES/73/304
Category SOCIAL CONDITIONS AND EQUITY
Sponsors (5)
P5 Positions
Russia ~ United States United Kingdom China France
UN Document A/RES/73/304 ↗

Vote Recorded VoteA/73/PV.95 June 28, 2019

3 surprising votes — countries whose ideal point predicts the opposite position.

— Abstain (44)
✗ No (20)
Absent (48)
✓ Yes (81)
Speeches following this vote (17) may include explanations of vote
The Acting President
Before giving the floor to speakers in explanation of vote after the voting, I would like to remind delegations that explanations of vote are limited to 10 minutes and should be made by delegations from their seats.
Mr. Hassani Nejad Pirkouhi (Islamic Republic of Iran)
Resolution 73/304 attempts to establish a link that does not exist between the prohibition of torture, which is a peremptory norm under international law, and the death penalty, which is recognized under international law as a permissible measure for the most serious crimes. For that reason, my delegation decided to vote against resolution 73/304.
Mr. Ahmad Tajuddin (Malaysia)
My delegation has asked for the floor to explain Malaysia’s position on resolution 73/304, entitled “Towards torture-free trade: examining the feasibility, scope and parameters for possible common international standards”. Like most other countries, Malaysia is absolutely against torture. We are supportive of the principles behind the resolution. Nevertheless, my delegation would like to point o…
Mr. Chatha (Pakistan)
My delegation is taking the floor to deliver an explanation of vote after the voting. Pakistan engaged constructively in the drafting of resolution 73/304, which was presented by Romania. Pakistan is firmly committed to the promotion and protection of human rights and fundamental freedoms. Torture is an abhorrent practice that violates human rights and fundamental freedoms. Pakistan, as party to…
Mr. Elmajerbi (Libya)
My country reaffirms its respect for all human rights as the inherent and global rights of humankind that preserve human dignity and safeguard people’s physical and mental integrity. My country was one of the first to join the Convention against Torture, on 16 May 1989. In line with the Convention, we have adopted effective legislative, administrative and judicial measures aimed at preventing t…
Mrs. Weiss (Israel)
Israel voted against resolution 73/304 today, and we wish to explain our vote. To be clear, the State of Israel wholeheartedly condemns torture and is a party to the Convention against Torture and fully committed to its dictates. Our vote today does not derogate from our commitment in any way. Our opposition to the resolution arises from many similar concerns raised by our colleagues. In the int…
Mrs. Tripathi (India)
I take the floor to explain India’s vote on resolution 73/304. India remains firmly committed to preventing torture and other cruel, inhuman and degrading treatment or punishment. We firmly believe that freedom from torture is a human right that must be respected and protected under all circumstances. Acts of torture are a punishable offence under various provisions of the Indian penal code. The…
Mr. Bessedik (Algeria)
As everyone knows, Algeria abstained in the voting on resolution 73/304. We did so for the following reasons. First, Algeria is a party to most United Nations conventions on human rights, including the Convention against Torture. As is well known, torture is an abhorrent crime that is unacceptable to humankind, and particularly to the Algerian people, who have suffered from colonialism, occupati…
Ms. Nguyen (Viet Nam)
As a State party to the Convention against Torture, Viet Nam reaffirms its commitment to preventing and countering acts of torture and has continued to pursue international cooperation in this regard. As nations differ in approaches, a genuine spirit of international cooperation lies in the principle of respect for sovereign rights and mutual understanding. The imposition of views of a group of …
Mr. Swai (Myanmar)
Myanmar is against any form of torture and does not condone any such violations. However, my delegation voted against resolution 73/304 because we have strong reservations on the establishment of such common international standards where there is no common position on the issue. We believe that any attempts to regulate trade by setting standards on the pretext of human rights will undermine free …
The Acting President
We have heard the last speaker in explanation of vote after the voting. We will now hear statements after the adoption of the resolution.
Mr. Sukhee (Mongolia)
A cross-regional group of States initiated resolution 73/304, which was just adopted. That is the result of two years of collective work as part of the Global Alliance for Torture-free Trade, which brings together over 60 countries from around the world. The number of countries committed to abolishing the death penalty and eliminating torture and inhuman and degrading treatment has increased sig…
Mr. Jinga (Romania)
We thank all colleagues for voting in favour of this new step towards torture-free trade. Resolution 73/304 is about encouraging reflection, debate and the sharing of perspectives and experiences. It was drafted in a balanced and transparent manner. We think this is an important step on which we can build further work with regard to establishing common international standards for torture-free tra…
Mr. Yardley (Australia)
Australia is a member of the cross-regional Global Alliance for Torture-free Trade and strongly supported resolution 73/304. Trade in goods that can be used only for torture and other cruel, degrading or inhuman treatment or punishment has been a long-standing concern at the United Nations. Over 30 years ago, the first Special Rapporteur on torture, appointed by the Commission on Human Rights, a…
Mr. Verdier (Argentina)
We believe that resolution 73/304, which the Republic of Argentina co-sponsored, was not intended to urge States to adjust or modify their domestic legislation, in particular their criminal justice systems. On the contrary, the resolution invites States to share their points of view and contributions in order to establish common standards on the trade in items used for the death penalty through a…
Ms. Vieira (Cabo Verde)
Cabo Verde welcomes the adoption of resolution 73/304. The resolution is an example of the best the United Nations can do to better promote and protect human rights for all. Torture is universally recognized as a serious crime, and is therefore prohibited under international law. As a State party to the International Covenant on Civil and Political Rights and its Second Optional Protocol and th…
The Acting President
We have heard the last speaker for this item. The Assembly has thus concluded this stage of its consideration of agenda item 74.
Full text of resolution OCR extract — may contain errors
United Nations A/RES/73/304 General Assembly Distr.: General 2 July 2019 19-11082 (E) 050719 *1911082* Seventy-third session Agenda item 74 Resolution adopted by the General Assembly on 28 June 2019 [without reference to a Main Committee (A/73/L.94 and A/73/L.94/Add.1)] 73/304. Towards torture-free trade: examining the feasibility, scope and parameters for possible common international standards The General Assembly, Guided by the purposes and principles enshrined in the Charter of the United Nations, and reaffirming its respect for and commitment to international law, including international human rights law, Recalling the Universal Declaration of Human Rights, 1 the International Covenant on Civil and Political Rights2 and the Second Optional Protocol thereto 3 and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment4 and the Optional Protocol thereto,5 Reaffirming its resolution 72/163 of 19 December 2017, in which it called upon all States to take appropriate effective legislative, administrative, judicial and other measures to prevent and prohibit the production, trade, export, import and use of equipment that has no practical use other than for the purpose of torture or other cruel, inhuman or degrading treatment or punishment, Noting and encouraging relevant initiatives, undertaken at the international, regional and subregional levels between States, including those of the United Nations, and the role played by non-governmental organizations and civil society, to enhance cooperation and improve information exchange and transparency in the field of trade in goods used for (a) capital punishment, (b) torture or other cruel, inhuman or degrading treatment or punishment, __________________ 1 Resolution 217 A (III). 2 See resolution 2200 A (XXI), annex. 3 United Nations, Treaty Series, vol. 1642, No. 14668. 4 Ibid., vol. 1465, No. 24841. 5 Ibid., vol. 2375, No. 24841. A/RES/73/304 Towards torture-free trade: examining the feasibility, scope and parameters for possible common international standards 19-11082 2/2 Recognizing that the absence of common international standards on the import, export and transfer of goods used for (a) capital punishment, (b) torture or other cruel, inhuman or degrading treatment or punishment is a contributory factor to facilitate the availability of these goods and enable such practices, Acknowledging the growing support across all regions for concluding an international instrument, negotiated on a non-discriminatory, transparent and multilateral basis, to establish common international standards for the import, export and transfer of goods used for (a) capital punishment, (b) torture or other cruel, inhuman or degrading treatment or punishment, Acknowledging also the importance of international trade and the need to ensure that the establishment of non-discriminatory, transparent, multilaterally agreed common international standards for the import, export and transfer of goods used for (a) capital punishment, (b) torture or other cruel, inhuman or degrading treatment or punishment does not create barriers to international trade in other goods, Taking note of the launching of the Alliance for Torture-Free Trade, 1. Requests the Secretary-General, with the provisions of resolution 72/163 in mind, to seek the views of Member States on the feasibility and possible scope of a range of options to establish common international standards for the import, export and transfer of goods used for (a) capital punishment, (b) torture or other cruel, inhuman or degrading treatment or punishment, and to submit a report on the subject to the General Assembly at its seventy-fourth session; 2. Also requests the Secretary-General, on the basis of his report to be submitted to the General Assembly at its seventy-fourth session, to establish a group of governmental experts, to be chosen on the basis of equitable geographical distribution and guided by the need to appoint individuals reflecting the highest standards of efficiency, competence in the fields of human rights and/or international trade, and integrity, to examine, commencing in 2020, the feasibility, scope of the goods to be included and draft parameters for a range of options to establish common international standards on the matter and to transmit the report of the group of experts to the Assembly for consideration at its seventy-fifth session; 3. Further requests the Secretary-General to provide the group of experts with any assistance and services that may be required for the discharge of its task; 4. Decides that the cost of all activities that may arise from the implementation of the present resolution should be met from voluntary contributions. 95th plenary meeting 28 June 2019
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