ANV/220/Rev.1*

FIFTIETH ANNIVERSARY PREPARATORY COMMITTEE APPROVES SIX-PART DRAFT DECLARATION FOR ADOPTION BY COMMEMORATIVE MEETING

22 October 1995


Press Release
ANV/220/Rev.1*


FIFTIETH ANNIVERSARY PREPARATORY COMMITTEE APPROVES SIX-PART DRAFT DECLARATION FOR ADOPTION BY COMMEMORATIVE MEETING

19951022 Text Urges Redirection of Organization 'To Greater Service To Humankind, Especially the Suffering and the Deeply Deprived'

A six-part draft declaration urging a redirection of the Organization to greater service to humankind, especially to those who are suffering and are deeply deprived, was approved yesterday afternoon by the Preparatory Committee for United Nations fiftieth anniversary.

The draft is to be submitted to world leaders now gathered at United Nations Headquarters for adoption on Tuesday, 24 October -- exactly 50 years after the Charter of the Organization entered into force.

The text focuses on peace, development, equality, justice and the United Nations Organization. By its provisions, Member States and observers would reaffirm the purposes and principles of the Charter and pledge to give to the twenty-first century a United Nations equipped, financed and structured to serve effectively the peoples in whose name it was established.

At the outset of its deliberations yesterday, the Committee Chairman, Richard Butler (Australia) said that consultations had focused on concerns about the right of peoples to take action to resist foreign occupation. A considerable number of delegations were of the view that the following sentence in the draft gave expression to that right: "... and recognize the right of peoples to take legitimate action in accordance with the Charter of the United Nations to realize their inalienable right to self-determination". Other delegations were of the view that that sentence needed to be further clarified.

Stating that consultations had not resulted in agreement, he drew attention to the facility that was available to all in the event that the document was adopted, namely to make a statement that would be recorded in full in the report of the Preparatory Committee to the General Assembly. The Committee then approved the draft declaration for submission to the special commemorative meeting.

* Revised to correct headline.

Explanatory statements were made by Lebanon, Libya, Ireland, Cuba, United Kingdom, Mexico, Pakistan, Syria and Israel.

Other statements on the draft declaration were made by India, Japan, Russian Federation, France, Portugal, Norway, United States and Egypt.

The Committee will meet again to consider its draft report to the Assembly at a time to be announced.

Draft Declaration

The preamble to the six-part draft declaration (contained in document A/AC.240/1995/CRP.11/Rev.1) states that 50 years ago the United Nations was born out of the sufferings caused by the Second World War. The determination, enshrined in the Charter of the United Nations, "to save succeeding generations from the scourge of war" was as vital today as it was 50 years ago, giving expression to the common values and aspirations of humankind.

The United Nations had been tested by conflict, humanitarian crisis and turbulent change, yet it had survived and played an important role in preventing another global conflict and had achieved much for people all over the world, the draft continues. The United Nations had helped to shape the very structure of relations between nations in the modern age. Through the process of decolonization and the elimination of apartheid, hundreds of millions of human beings had been assured the exercise of the fundamental right of self-determination.

Following the end of the cold war, and as the end of the century approaches, the international community must create new opportunities for peace, development, democracy and cooperation, states the text. The speed and extent of change in today's world pointed to a future of great complexity and challenge and to a sharp increase in the level of expectations of the United Nations.

The commemoration of the fiftieth anniversary of the United Nations must be seized as an opportunity to redirect it to greater service to humankind, especially to those who were suffering and were deeply deprived, the draft states. "This is the practical and moral challenge of our time. Our obligation to this end is found in the Charter. The need for it is manifest in the condition of humankind."

By adopting the draft declaration, Member States and observers of the United Nations, representing the peoples of the world, would:

-- Solemnly reaffirm the purposes and principles of the Charter of the United Nations and their commitments to them;

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-- Express their gratitude to all men and women who had made the United Nations possible, done its work and served its ideals, particularly those who had given their lives during service to the United Nations;

-- State their determination that the United Nations of the future would work with renewed vigour and effectiveness in promoting peace, development, equality and justice and understanding among the peoples of the world; and

-- Pledge to give to the twenty-first century a United Nations equipped, financed and structured to serve effectively the peoples in whose name it was established.

The text then focuses on the principles which would guide Member States and observers in the fulfilment of those commitments with respect to peace, development, equality, justice and the United Nations Organization.

Under section concerning peace, Member States and observers, recognizing that action to secure global peace, security and stability is futile unless the economic and social needs of people are addressed, would pledge to:

-- Promote methods and means for the peaceful settlement of disputes in accordance with the Charter and to enhance the capabilities of the United Nations in conflict prevention, preventive diplomacy, peace-keeping and peace-building;

-- Strongly support United Nations, regional and national efforts on arms control, limitation and disarmament and the non-proliferation of nuclear weapons, in all aspects, and other weapons of mass destruction;

-- Continue to reaffirm the right of self-determination of all peoples, taking into account the particular situation of peoples under colonial or other forms of alien domination or foreign occupation, and recognize the right of peoples to take legitimate action, in accordance with the Charter of the United Nations, to realize their inalienable right of self-determination. This would not be construed as authorizing or encouraging any action that would dismember or impair the territorial integrity or political unity of sovereign and independent States;

-- Act together to defeat the threats to States and people posed by terrorism, transnational organized crime, illicit trade in arms and the production, consumption and trafficking of illicit drugs; and

-- Strengthen consultation and cooperation between regional arrangements or agencies and the United Nations in the maintenance of international peace and security.

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Concerning development, the draft would declare the need for the United Nations to address more effectively and in greater measure the need for a dynamic, vigorous, free and equitable international economic environment, which was essential to international peace, security and stability.

While the United Nations has played an important role in economic and social development and has provided life-saving assistance to people around the world, the pledge recorded in the Charter calling for the achievement of higher standards of living, full employment and conditions of economic and social progress and development had not been adequately implemented, the draft would note.

It would be recognized that despite past efforts, the gap between the developed and developing countries remains unacceptably wide. Also recognized would be the specific problems of countries with economies in transition both to democracy and to a market economy. Accelerating globalization and interdependence in the world economy call for policy measures designed to ensure the optimization of those trends for all countries, the draft states.

The text expresses great concern that one fifth of the world's 5.7 billion people live in extreme poverty and calls for extraordinary measures by all countries in response. A consensus had emerged from United Nations development-related conferences held in the last five years that economic and social development and environmental protection were interdependent and mutually reinforcing components of sustainable development. People must be at the centre of actions towards and concerns for sustainable development.

The draft text reaffirms that "democracy, development and respect for human rights and fundamental freedoms, including the right to development, are interdependent and mutually reinforcing". In order to foster sustained economic growth, social development, environmental protection and social justice, the world community would pledge to:

-- Promote an open and equitable, rule-based, predictable and non-discriminatory multilateral trading system and a framework for investment, transfers of technology and knowledge, as well as enhanced cooperation in the areas of development, finance and debt;

-- Give particular attention to action to enhance the benefits of the process of globalization for all countries and to promote the integration of the least developed countries and countries in Africa into the world economy;

-- Improve the United Nations system for development and strengthen its role in international economic cooperation;

-- Invigorate the dialogue and partnership among all countries to secure

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a favourable environment for international development cooperation, while recognizing that each country is ultimately responsible for its own development;

-- Promote social development through decisive national and international action aimed at the eradication of poverty as an ethical, social, political and economic imperative of humankind, and the promotion of full employment and social integration;

-- Recognize that the empowerment and the full and equal participation of women is central to all efforts to achieve development;

-- Reduce and eliminate unsustainable patterns of production and consumption and promote appropriate demographic policies in order to meet the needs of current generations without compromising the ability of future generations to meet their own needs; and

-- Intensify cooperation on natural disaster reduction and major technological and man-made disasters.

Addressing equality, world leaders would reiterate the Charter's affirmation of the dignity and worth of the human person and the equal rights of men and women, and reaffirm that all human rights are universal, indivisible, interdependent and interrelated.

While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of all States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms, the universal nature of which is beyond question, the text states. It is also important for all States to ensure the universality, objectivity and non-selectivity of the consideration of human rights issues.

The world community would pledge to:

-- Promote and protect all human rights and fundamental freedoms;

-- Strengthen laws, policies and programmes that would ensure the full and equal participation of women in all spheres of life;

-- Promote and protect the rights of the child; youth, persons with disabilities, the elderly; migrant workers, indigenous people; refugees and of displaced persons; as well as persons belonging to national, ethnic and other minorities.

Concerning justice, the text declares that the continued promotion and

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development of international law must be pursued with a view to ensuring that relations between States are based on the principles of justice, sovereign equality, universally recognized principles of international law and respect for the rule of law. Such action should take account of developments under way in such areas as technology, transport, information and resource related fields and international financial markets, as well as the growing complexity of the work of the United Nations in the humanitarian and refugee assistance fields.

Member States and observers would express their determination to:

-- Build and maintain justice among all States in accordance with the principles of the sovereign equality and territorial integrity of States;

-- Promote full respect for and implementation of international law;

-- Settle international disputes by peaceful means;

-- Encourage the widest possible ratification of international treaties and to ensure compliance with the obligations arising from them;

-- Promote respect for and the implementation of international humanitarian law;

-- Promote the progressive development of international law in the field of development, including that which would foster economic and social progress;

-- Promote respect for and implementation of international law in the field of human rights and fundamental freedoms and to encourage ratification of or accession to international human rights instruments; and

-- Promote the further codification and progressive development of international law.

An entire section of the draft is devoted to the United Nations Organization. It states that in order to respond to future challenges, the United Nations must be reformed and modernized:

-- The work of the General Assembly, the universal organ of the States Members of the United Nations, should be revitalized;

-- The Security Council should be expanded and its working methods continue to be reviewed to strengthen its effectiveness, enhance its representative character and improve its working efficiency and transparency; and

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-- The Economic and Social Council should be strengthened to enable it to carry out effectively, in the modern age, the tasks it has been assigned with respect to the well-being and standards of life of all people.

In order to carry out its work effectively, the United Nations must have adequate resources, the text stresses. Member States must meet, in full and on time, their obligation to bear the expenses of the Organization, as apportioned by the Assembly and established on the basis of criteria agreed to by Member States. The secretariats of the United Nations system must improve significantly their efficiency and effectiveness in administering and managing the resources allocated to them. The Organization's work would be more successful if supported by non-governmental organizations, multilateral financial institutions, regional organizations and all actors of civil society.

Statement by Committee Chairman

The Committee CHAIRMAN, RICHARD BUTLER (Australia) proposed that the work of the drafting group be brought to a conclusion. He recalled that the Preparatory Committee had been suspended to enable informal consultations to take place. Those consultations had focused on concerns about the right of peoples to take action to resist foreign occupation. A considerable number of delegations were of the view that the following sentence in the draft gave expression to that right: "... and recognize the right of peoples to take legitimate action in accordance with the Charter of the United Nations to realize their inalienable right to self-determination". Other delegations were of the view that that sentence needed to be further clarified.

He said during consultations he had not been able to find a way to reconcile that difference through an amendment to the text. Under those circumstances, he drew attention to the facility that was available to all in the event that the document was adopted, namely to make a statement that would be recorded in full in the report of the Preparatory Committee to the General Assembly.

He then proposed that the Preparatory Committee approve the text of the declaration and forward it to the General Assembly with the recommendation that it be adopted by the special commemorative meeting of the General Assembly on the occasion of the fiftieth anniversary of the United Nations.

Action on Draft

There being no objection, the Committee approved the draft declaration.

The representative of Lebanon said his country had participated in a very positive manner in order to meet the concerns of all Member States and had approved many provisions in the draft because of its wish to cooperate. But it must reaffirm its stand concerning the principle of the right of peoples to resist foreign occupation. The text referred to by the Chairman

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should be regarded and understood as describing the legitimate right of peoples to resist foreign occupation. "No one can possibly deny this legitimate right in the world, for it is indeed in keeping with the Charter, international law and the relevant resolutions of the United Nations."

He expressed the wish that his statement be reflected in the report of the Preparatory Committee, stressing that Lebanon's understanding of the text was in concurrence with its position, while condemning all forms of terrorism, of support for the right of peoples to self-determination and to resist foreign occupation.

The representative of Libya said the text was good in condemning terrorism, which Libya itself firmly condemned. Libya believed that the text should clearly differentiate between terrorism on the one hand and the right of peoples to resist foreign occupation and colonialism on the other. Now that the Committee had approved the declaration, which would hopefully finally be adopted on the occasion of the fiftieth anniversary, Libya wished to place on record its position -- which should be reflected in the Committee's report -- that the text referred to the legitimate right of peoples to resist foreign occupation, a right which could not be objected to by anyone, as it was embodied in the Charter, international law, and relevant United Nations resolutions.

The representative of Ireland welcomed the approval of the draft declaration. In joining in the consensus, Ireland wished to state that it read the text in light of the Helsinki Final Act of the Conference on Security and Cooperation in Europe, which made it clear that borders may be changed in accordance with international law by peaceful means and by agreement. That position should be reflected on the record.

The representative of Cuba also welcomed the text's adoption. Cuba would like to express that outside any interpretation of any paragraph in the text, in all scenarios, Cuba would always echo those who reaffirmed the right to self-determination and the right to resist foreign occupation.

The representative of the United Kingdom joined others in welcoming the text's approval. The United Kingdom supported the right of all peoples to self-determination. The text did not legitimize any unlawful use of force. As stated in General Assembly resolution 49/60, all acts of terrorism were criminal and unjustifiable, wherever and by whomever committed.

The representative of India said he wished to convey his happiness that a draft declaration had been approved for adoption by the special commemorative meeting. Stating that he felt that he was reflecting the views of many in the room, he thanked the Chairman for his leadership in the preparatory process. "We are grateful that we finally have a declaration."

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The representative of Mexico also welcomed the text's approval. Mexico accepted the text in its English version, and would submit to the Secretariat the necessary changes to ensure that the Spanish text fully corresponded to the English. It would have been preferable for the text to refer more specifically to errors of the past which must be avoided.

The representative of Japan also welcomed the text's approval, stating that he would recommend that his delegation to the special commemorative meeting adopt it, as it would serve to strengthen the Organization, a goal to which Japan was fully committed.

The representative of the Russian Federation joined others in welcoming the approval of the text. Like Mexico, Russia would like to draw attention to problems of translation which must be addressed.

The representative of France also said that there were translation problems which must be addressed. He welcomed the text's approval and expressed special thanks to the Chairman.

The CHAIRMAN, Mr. BUTLER (Australia) said all concerns relating to translation would be taken into account.

The representative of Portugal said her country attached great importance to the draft. The President of the General Assembly, who was Portuguese, would be extremely happy to hear that there was an approved draft.

The representative of Pakistan said the only language which the declaration had been adopted in was that of compromise and cooperation. The text did not justify any unlawful action. The right of peoples to resist foreign occupation had always been supported by the United Nations.

The representative of Syria expressed appreciation for the Chairman's efforts. Syria would like to place on record its support of the draft declaration. The draft stated the legitimate right of peoples to resist foreign occupation. Syria insistently condemned all forms of terrorism. It differentiated between terrorism and the right of peoples to resist foreign occupation, which should be considered the highest stage of terrorism, because it deprived oppressed people of their fundamental human rights. It was hoped that Syria's position would be reflected in the Committee's report.

The representative of Norway said it would only be fitting for heads of State and government to adopt a solemn declaration on the occasion of the fiftieth anniversary of the United Nations. He joined others in expressing appreciation for the Chairman's work, which had been indispensable to reaching agreement.

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The representative of Israel said his country had been forthcoming and compromising throughout the drafting process, but Israel was perplexed by the efforts of some to get the Committee and the General Assembly to have the United Nations legitimize terrorism. "I trust that the great majority of the Members of the Untied Nations like ourselves do not see the explanation that was put by some to this paragraph as a correct one."

The representative of the United States joined others in expressing appreciation for the hard work of the Chairman.

The representative of Egypt also joined others in thanking the Chairman for his valuable work.

Mr. BUTLER (Australia), the Committee Chairman, said the declaration that had been approved was one for which all could be proud. The Charter called on States to harmonize their actions and practice tolerance, and participants had done both in this remarkable exercise. He thanked all for the friendship and cooperation they had shown him.

He went on to say that the question had been raised as to whether or not space should be made on the agenda's beginning for a statement to be made by the President of the International Court of Justice, who, it had been argued, could give some legal benediction to the proceedings. The Chairman's view was that much time had been spent negotiating the speakers list, and that nothing could be done at this time. He suggested that that position be transmitted to the General Assembly.

There being no objection, the Committee approved that suggestion.

Mr. BUTLER (Australia) said that now that the draft had been approved, it would be sent to the special commemorative meeting for adoption. He said that it would be important that the statements made today be published in a revised version of the Committee's draft final report, and proposed that another meeting be held, perhaps sometime in November, to adopt the Committee's report.

The representative of China asked about the issue of the publication of the statements by heads of State and government.

Mr. BUTLER (Australia) said that he had requested cost estimates on that matter. He proposed that the issue be discussed at the Committee's final meeting.

The representative of China said that the Preparatory Committee had long before decided to publish the statements to be distributed at the special commemorative meeting. As an important milestone in the history of the United

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Nations, the fiftieth anniversary should be more than just a celebration; it should have substantive significance. It was very important to publish the full text of statements. If all delegations approved the Chairman's proposal to not publish the full written texts, China would not object, but it wished its position to be reflected in the Committee's report.

Mr. BUTLER (Australia) said that as of now, it was sure that at the least the verbatim record of the meeting would be published in a manner akin to that of the "Blue Book" series. Whether it would be possible to do more would require further study.

The representative of Cuba said that the Committee should stick to its previous decision and ensure that the statements of participants at the special commemorative meeting be published in their entirety.

Mr. BUTLER (Australia), the CHAIRMAN, said that the matter was obviously a serious one which warranted further consideration.

For information media. Not an official record.