THIRD COMMITTEE ENDS WORK FOR SESSION, APPROVES FIVE DRAFT RESOLUTIONS AND PROGRAMME OF WORK FOR BIENNIUM, 1996-1997

14 December 1995

Press Release
GA/SHC/3352

THIRD COMMITTEE ENDS WORK FOR SESSION, APPROVES FIVE DRAFT RESOLUTIONS AND PROGRAMME OF WORK FOR BIENNIUM, 1996-1997

19951214 One Text Approved by Recorded Vote Condemns All Human Rights Violations By Parties to Conflict in Bosnia, Croatia, Federal Republic of Yugoslavia

The General Assembly would condemn, in the strongest terms, all violations of human rights and international humanitarian law by the parties to the conflict in Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro), under the terms of an orally revised draft resolution approved by the Third Committee (Social, Humanitarian and Cultural), as it concluded its work for the current session this afternoon.

The text was approved by a recorded vote of 124 in favour to 1 against (Russian Federation), with 18 abstentions. By its terms, the Assembly would recognize that the leadership in territories under the control of Serbs in Bosnia and Herzegovina and formerly Serb-held areas of Croatia, the commanders of Serb paramilitary forces and political and military leaders in the Federal Republic of Yugoslavia (Serbia and Montenegro) bore primary responsibility for most of those violations; and that persons who committed such acts would be held personally responsible and accountable.

Speaking in explanation of vote, the representative of the Russian Federation said he had voted against that draft because it portrayed all Serbs as being nationalists, rapists and murders. He called for a more balanced approach to such a draft.

A statement on that draft resolution was also made by the representative of Greece.

In addition, under the terms of an orally revised text, approved without a vote this afternoon, the Assembly would recognize that effective action must be taken by all States concerned to ensure that the perpetrators of genocide and crimes against humanity in Rwanda were promptly brought to justice. It

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would urge all States concerned to cooperate fully with the International Commission of Inquiry Established by the Security Council resolution 1013 (1995) of 7 September.

The Committee also approved, as orally amended, its draft biennial programme of work for 1996-1997. The draft programme was introduced by the Chief of the Programme and Documentation Planning Section of the Department of Policy Coordination and Sustainable Development, William Bunch, who orally amended it.

The representatives of Mongolia, Ecuador, Cuba, Spain, Côte d'Ivoire, Costa Rica, Brazil, Iran, United Kingdom, Ireland, Colombia, Japan, the Dominican Republic, Mexico, China, Sweden, India and the Russian Federation, made statements on that draft.

Also this afternoon, the Committee approved, without a vote, an orally amended draft by which the Assembly would call upon all States parties to fulfil without delay their financial obligations, including their arrears, under the Conventions on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment until the amendments previously made concerning funding arrangements come into force.

By the terms of another orally amended draft resolution approved without a vote, the General Assembly would request the Secretary-General to make available additional human and financial resources, to enhance the capability of the High Commissioner for Human Rights and of the Centre for Human Rights to fulfil effectively their respective mandates.

The representatives of Spain, Canada and Cuba made statements on that draft.

Also this afternoon, the representative of Ukraine expressed his country's concern about paragraph 23 of the draft resolution on the United Nations High Commissioner for Refugees and would want the Committee to make clear that it only applied to those States that were party to the relevant Conventions.

Committee Chairman Ugyen Tshering (Bhutan) proposed that a statement should be included in the records of the Committee to indicate the concern expressed by Ukraine since the item could not be reopened. It would also indicate that it had been agreed that the reference to Commonwealth of Independent States pertained to those States that were party to the Conventions concerned.

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Further, the Committee decided this afternoon to recommend to the General Assembly that it take note of the following reports of the Secretary- General: on rape and abuse of women in areas of armed conflict in the former Yugoslavia; the status of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; respect for the principles of national sovereignty and non-interference in the internal affairs of States and their electoral processes; the United Nations Fund for Victims of Torture; the situation of human rights in southern Lebanon and the western Bekaa; human rights and terrorism; and the report on enhancing the effectiveness of elections and the promotion of democratization.

The Chairman, Mr. TSHERING, announced that sub-item 112 (b) had been kept open in order that the work of the working group of the Committee might continue its work during the latter part of the General Assembly's fiftieth session.

The meeting ended with concluding remarks made by the Committee Chairman.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this afternoon to hear statements in explanation of vote after the vote on the draft concerning the situation of human rights in Nigeria. It was also expected to act on other draft resolutions dealing with human rights questions and on the draft biennial programme of its work for 1996-1997 (document A/C.3/50/L.69). (For background on those documents see Press Releases GA/SHC/3350 of 13 December and GA/SHC/3351 of 14 December.)

Continued Explanations of Vote after Vote

The Committee resumed its hearing of explanation of vote on the draft concerning the situation of human rights in Nigeria (document A/C.3/50/L.66), which was approved this morning.

The representative of Myanmar said his country voted against the draft resolution on principle because it could not condone any action that transgressed the Charter. Paragraphs 5 and 7 of the draft were not in consonance with Charter principles. The draft set a dangerous precedent. Human rights should not be used as an instrument in matters falling within the domestic jurisdiction of States.

The representative of Colombia did not agree with operative paragraph 5 of the approved draft because it constituted interference in the domestic affairs of a sovereign State. That was why his country supported Nigeria's motion for separate consideration of the paragraphs of the draft text.

The representative of Cuba said concern for human rights and other universal values could only be credible if there were no political manipulation. Cuba had abstained from the vote because it could not agree to the excessive policy contained in the draft just adopted. Had the motion for separate consideration of certain paragraphs been accepted, Cuba would have voted against operative paragraphs 5 and 6.

The representative of Mongolia said that her country voted in favour of the draft text because of its strong belief in human rights and fundamental freedoms. Mongolia was, however, against the idea expressed in operative paragraph 5. It would have abstained if that paragraph had been put to a separate vote.

The representative of South Africa, in a general statement on the draft resolution, said nine African countries voted for it and nine voted against it while the rest abstained. South Africa was sad and had difficulty in having to co-sponsor and to vote in favour of the draft resolution, particularly because of the role that the ordinary people of Nigeria had played in South

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Africa's fight against apartheid. As apartheid denied South Africans their dignity, so did the current Government deny the people of Nigeria their dignity.

The representative of the Sudan said his Government never approved draft resolutions on the situation of human rights in individual States as they were usually the result of "political manipulation". Egypt was a clear example of such hypocritical behaviour.

The representative of Egypt, speaking on a point of order, said bilateral issues had nothing to do with the issues being discussed in the Third Committee. He wanted to put an end to the discussions on such extraneous issues in the Committee.

The representative of the Sudan said his intervention was relevant to the topic being discussed. He condemned the policies adopted by Egypt which had occupied part of the Sudanese territory.

The representative of Egypt said the discussion was on Nigeria not on his country.

The Committee Chairman, UGYEN TSHERING (Bhutan) asked the representative of the Sudan to refer only to the resolution in question.

Action on Drafts

The Committee took up the draft on effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights (A/C.3/50/L.47/Rev.1).

Joining in sponsoring that draft were Albania, Argentina, Australia, Ireland, Malta, Netherlands, New Zealand, United Kingdom, United States, Republic of Korea and Spain.

KATE NEWELL, the Secretary of the Committee, read out oral revisions to that text. Among those were a change in the second part of operative paragraph 22 beginning with the words "noting the recommendations". The phrase should be deleted, as it had become preambular paragraph 4.

The Committee then approved the orally revised draft without a vote.

The Committee then took up the draft resolution on the situation of human rights in Bosnia and Herzegovina, in Croatia and in the Federal Republic of Yugoslavia (Serbia and Montenegro) (document A/C.3/50/L.46).

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The following countries joined in sponsoring that draft: Afghanistan, Belgium, Czech Republic, France, Ireland, Jordan, Kuwait, Liechtenstein, Luxembourg, Malaysia, Netherlands, Senegal, South Africa, Spain and Tunisia.

Ms. NEWELL read out the oral revisions to that text. The beginning of operative paragraph 12 should read as follows: "Expressed its complete support for the victims of violations of human rights and international humanitarian law recognizes...."

The representative of the United States made additional oral amendments to that text. In the third and fourth lines of operative paragraph 19, the following should be deleted: "including to account for the fate of the two missing French pilots and to ensure their immediate return". In addition, operative paragraph 19bis should be deleted: "Urges all parties concerned, in conformity with their commitment to do so, to take the necessary steps to account for the fate of the two missing French pilots in the Republic of Bosnia and Herzegovina and to ensure their safe and immediate return."

He also went on to clarify that unlike what the document indicated, the agenda item was "112 C". He announced that Bangladesh, Austria, Iran, Poland, San Marino, Monaco and the United Kingdom had also joined in sponsoring the draft. And he clarified the fact that Saudi Arabia and not South Africa was a co-sponsor of the draft.

The representative of South Africa said that, indeed, his country was not a co-sponsor of that draft.

The representative of Greece said his Government condemned all violations of human rights and believed that all the perpetrators of such violations should be brought before the International War Crimes Tribunal for prosecution of those responsible for serious violations of international humanitarian law committed in the former Yugoslavia. The international community should focus on how best to implement the peace agreement, rather than to allocate the blame among the parties. His country would abstain from voting on the draft since he believed the International Tribunal needed to take care of such issues.

The representative of the Russian Federation said the draft contained information equal to the previous resolution on the same matter. It also had provisions that ran counter to the sovereignty of a State. It lightly criticized Croatia while it heavily criticized the Serbia. Furthermore, it made no mention of the Muslims while it was widely known that violations were committed by all parties. It portrayed all Serbs as being nationalists, rapists and murders. That ran counter to the Charter. A more balanced approach was necessary. For those reasons, he requested a vote on the draft and said he would be voting against it.

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The Committee approved the draft resolution for the situation of human rights in the Bosnia and Herzegovina, in Croatia and in the Federal Republic of Yugoslavia (Serbia and Montenegro) by a recorded vote of 124 in favour to 1 against (Russian Federation), with 18 abstentions. (For voting details, see Annex.)

The representative of Croatia, speaking after the vote, said her country supported the draft resolution but had reservations about some paragraphs. It reserved the right to revisit that matter at the plenary.

The Committee took up the draft resolution on strengthening of the Office of the United Nations High Commissioner for Human Rights/Centre for Human Rights (document A/C.3/50/L.62/Rev.1). Joining as co-sponsors were Argentina, Cape Verde, Colombia, Congo, Costa Rica, Czech Republic, the former Yugoslav Republic of Macedonia, Guatemala, Malta, Mauritius, Panama, Solomon Islands and Suriname.

KATE NEWELL, Committee Secretary, made oral amendments to the draft resolution, among them a change in the third preambular paragraph, adding the words "and to take urgent steps to seek increased extrabudgetary sources" at the end of the paragraph.

The representative of Spain said that Australia had joined the co- sponsors.

The representative of Canada said that her country had co-sponsored the draft resolution at the time of its introduction but its name had not been read out by the Chairman.

India, New Zealand, Philippines, Kenya and Jordan also joined as co- sponsors.

The Committee approved the draft resolution as orally revised without a vote.

The representative of Cuba, speaking after the vote, said that his country joined the consensus. However, the draft did not meet all of Cuba's expectations. In the future, elements considered by his Government indispensable for a good balance should be incorporated.

Next, the draft resolution on the situation of human rights in Rwanda was taken up (document A/C.3/50/L.67).

The following countries had joined in sponsoring that draft: Belgium, Cambodia, Cameroon, Congo, Denmark, Finland, Germany, Greece, Israel, Italy, Monaco, Netherlands, Norway, the Republic of Korea, Sweden, Tunisia.

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Ms. NEWELL read out oral revisions to that text. She said that after operative paragraph 12, 12bis should read: "Further notes with concern that a situation of insecurity still exists, evidenced by reports of threats and violence against the physical integrity of individuals, which is sometimes exacerbated by incursions. Then, 12ter (which was originally operative paragraph 17) should read:

"Urges governments in the region to take measures to prevent their territory from being used to pursue a strategy of destabilization of Rwanda, and, in this regard, urges all States concerned to cooperate fully with the International Commission of Inquiry on Arms Flow in the Great Lakes region, established in Security Council resolution 1013 (1995)".

The Committee approved the draft resolution on the situation of human rights in Rwanda, as orally revised, without a vote.

Next, the Committee took up the draft decision on the biennial programme of work of the Third Committee.

WILLIAM BUNCH, the Chief of the Programme and Documentation Planning Section of the Department of Policy Coordination and Development introduced the draft to the Committee and orally amended the draft.

He said that under item 4 (social development), on page 19, the following report title should be added: "Report of the Secretary General on the implementation of the World Programme of Action for Youth to the Year 2000 and beyond.

The representative of Mongolia said that under the same item, and under the subheading "biennial", the following should be added: "cooperation to achieve education for all".

The representative of Ecuador said a request had been made to include under sub-item of item 12 "the report of the High Commissioner for Human Rights".

Mr. Bunch said sub-item e had appeared in the current session and only applied to the fiftieth session. None of the resolutions had included a request for such a sub-item. And there was no mandate from the Third Committee for the inclusion of that sub-item for the next session.

The representative of Cuba proposed moving item 2 on "elimination of racism and racial discrimination" and item 3 "on the right of peoples to self- determination", immediately before item 12 concerning "human rights questions". In such manner, the Committee would start its next session with the item on social development. Thus, money would be saved since such issues

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related to the Centre for Human Rights, and experts usually came from Geneva to discuss such items. With the new change, there would be no need for them to come twice.

The representative of Spain said item 6 "on the advancement of women and item 7 "on the implementation of the outcome of the Fourth World Conference on Women" should be considered as one item. Also, the items on "social development" and on the "follow-up of the Summit" should be considered together.

The representative of Côte d'Ivoire said the question of the female child should be referred to under item 10 on the promotion and protection of the rights of children in the programme of work.

The representatives of Costa Rica, Brazil, Iran, United Kingdom, Ireland, Colombia, Japan, the Dominican Republic, Mexico, China, Sweden, India and Russian Federation, made statements on the programme of work.

Mr. BUNCH said that the item on "the advancement of women" and "the implementation of the outcome of the Fourth World Conference on Women" were separated as requested by a draft resolution. With regard to including a separate "sub-item e" on questions relating to human rights, he would have no problem in doing so if the Committee so decided.

Ms. NEWELL said that the order of the programme of work for the next session could change to the following: it would start with item 4 (social development), followed by 5 (crime prevention), 8 (international drug control), 6 (advancement of women), 7 (implementation of the outcome of the Fourth World Conference on Women, 9 (the report of the United Nations High Commissioner for Refugees (UNHCR), 10 (rights of children), 2 (elimination of racism), 3 (right of peoples to self-determination), and item 12 (human rights questions).

The Committee then decided to have a "sub-item e" on the report of the High Commissioner for Human Rights under item 12 "questions relating to human rights".

Next, the Committee approved, without a vote, the draft decision on the organization of work of the Third Committee and its draft biennial programme of work for 1996-1997.

The representative of Morocco said that she had voted in favour of the draft resolution on the situation of human rights in Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro), but it had not been recorded.

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The Chairman, Mr. TSHERING, said Ukraine had expressed concern about the draft resolution, already approved, on the report of the UNHCR (document A/C.3/50/L.20/Rev.1.)

The representative of Ukraine drew attention to paragraph 23 of the draft resolution about which his country was concerned, he said. It would be desirable if the Committee would reflect properly the relevant interpretation by amending that paragraph by adding the words "parties of the Convention" after the words "Commonwealth of Independent States" and deleting the word "notably" from the last line of that sentence.

He said Ukraine attached great importance to the problem of refugees. But the draft did not adequately reflect some of its concerns. The paragraph contradicted the national legislation of his country. In order not to break the consensus, his country would consider any suggestion on how to accommodate the interest of all the states concerned.

The CHAIRMAN said it would be difficult for the Committee to reopen that matter. It had been approved by the Committee and the matter closed. In accordance with the rules, the support of two thirds of the Committee's membership was needed to reopen the item.

He proposed that instead, and as a way out, a statement should be included in the records of the Committee and should be read by the Rapporteur when the Committee's report was presented in the Plenary. That statement should state that, as all delegations were aware, Ukraine had expressed concern about the draft resolution and had intended to pursue an amendment to that paragraph. It would also indicate that it had been agreed that the reference to Commonwealth of Independent States used in the paragraph pertained to those States that were party to the Conventions concerned.

The representative of Ukraine said he would convey the proposal to his Government. His country would, however, reserve the right to reopen the matter in the Plenary.

The representative of Ireland said that it was his understanding that an amendment could be pursued but that such an amendment need not be accepted.

The Committee thus concluded its work for this session.

(annex follows)

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ANNEX

Vote on Human Rights in Bosnia, Croatia, Federal Republic of Yugoslavia

The draft resolution on the situation of human rights in Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro) (document A/C.3/50/L.46) was approved by the Third Committee by a recorded vote of 124 in favour to 1 against with 18 abstentions, as follows:

In favour: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burundi, Canada, Cape Verde, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Estonia, Federated States of Micronesia, Fiji, Finland, France, Gabon, Georgia, Germany, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, Indonesia, Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakstan, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Myanmar, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Samoa, San Marino, Saudi Arabia, Senegal, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syria, Thailand, The former Yugoslav Republic of Macedonia, Trinidad and Tobago, Tunisia, Turkey, United Arab Emirates, United Kingdom, United States, Uruguay, Uzbekistan, Venezuela.

Against: Russian Federation.

Abstaining: Angola, Belarus, Burkina Faso, China, Congo, Cote d'Ivoire, Ethiopia, Gambia, Greece, India, Kenya, Mozambique, Namibia, Nigeria, Togo, Ukraine, United Republic of Tanzania, Zimbabwe.

Absent: Afghanistan, Armenia, Belize, Cambodia, Cameroon, Chad, Cuba, Democratic People's Republic of Korea, Dominica, Equatorial Guinea, Eritrea, Ghana, Grenada, Guatemala, Guinea, Lao People's Democratic Republic, Madagascar, Malawi, Morocco, Palau, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Seychelles, Sierra Leone, Tajikistan, Turkmenistan, Uganda, Vanuatu, Viet Nam, Yemen, Zaire, Zambia.

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