MEMBER STATES FAILING TO FULFIL OBLIGATIONS ARE NOT ON SIDE OF PEACE, JUSTICE, SAYS PRESIDENT OF ITALY IN ADDRESS TO GENERAL ASSEMBLY

3 April 1996

Press Release
GA/9054

MEMBER STATES FAILING TO FULFIL OBLIGATIONS ARE NOT ON SIDE OF PEACE, JUSTICE, SAYS PRESIDENT OF ITALY IN ADDRESS TO GENERAL ASSEMBLY

19960403 Assembly Extends Mandates of Missions in Haiti, Guatemala; Requests Proposals by 15 May on How to Absorb Costs in 1996-1997 Budget

Expressing faith in "the essence of the United Nations", President Oscar Luigi Scalfaro of Italy told the General Assembly this morning that he "would like to say to those States which belong to the United Nations but do not fulfil their obligations, do you not realize that by neglecting the commitments to which you have freely subscribed -- even when such neglect may not be your real intention -- you end up not being on the side of peace, the rights of man, freedom, and justice"?

In his address, the President stressed that every State that truly believed in human rights must support the United Nations. "They must ensure that it is efficient and effective and feel a sense of guilt when they neglect it or when they fail to meet their solemn commitments", he said. Nobody would be able to measure the evils that the Organization had impeded through its foresight and deterrence, how much suffering it had foreseen and prevented, or how much pain, how many clashes, trials and torments, and heavy burdens it had forestalled, he stated.

Following the President's address, the Assembly, while acknowledging the funding concerns expressed by the Secretary-General in his letter of 12 March, extended the mandates of the International Civilian Mission to Haiti (MICIVIH) and the United Nations Human Rights Verification Mission in Guatemala (MINUGUA) to 31 August and 31 December, respectively. It authorized both extensions "within existing resources" and in a manner consistent with the effective fulfilment of the mandates.

On the recommendation of its Fifth Committee (Administrative and Budgetary), the Assembly authorized the Secretary-General to commit $2 million gross ($1.8 million net) for MICIVIH for the period 8 February to 31 May. Regarding MINUGUA, it authorized the commitment of up to $2.3 million monthly. In both texts, the Secretary-General was requested to submit to the Assembly, not later than 15 May, his proposals on how to absorb the costs of the missions in the 1996-1997 budget. The Committee indicated that it would

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return to the issue of appropriations at its resumed session in May. Both texts also recalled that the Assembly had already asked the Secretary-General to save $104 million from the budget and fully implement all mandated programmes.

In the discussion of the MINUGUA mandate extension, the representative of Sweden expressed agreement with the Secretary-General that the funding of the Mission was not just a budgetary problem, but one which related to the very capacity of the United Nations to act in the field of peace and security. The delay in adopting the current resolution extending the mandate was not the result of differences of opinion on the need for a continued United Nations presence in Guatemala.

Speaking on the funding of both missions, the representative of Italy, on behalf of the European Union, said it was not yet clear as to whether it would be necessary to have additional appropriations or whether their costs could be partially absorbed "within existing resources". The Union was ready to agree to funding the missions with additional assessments, if it was not possible to absorb their costs through savings from the current budget.

In other budgetary action, the Assembly took note of the Advisory Committee on Administrative and Budgetary Questions' (ACABQ) report on its activities during the forty-ninth session. It also adopted a draft resolution requesting the Secretary-General to ensure that the number of special representative, envoys and related positions be kept to a minimum, while also ensuring that their duties were more clearly defined and streamlined.

Turning to its agenda, the Assembly decided to reopen consideration of its items on trade and development, on the United Nations Conference on Human Settlements (Habitat II) and on the report of the United Nations High Commissioner for Refugees (UNHCR).

In addition, the Assembly this morning took note of the report of the Economic and Social Council on its resumed substantive session.

The President of the Assembly also announced that the Permanent Representative of Namibia to the United Nations, Tunguru Huaraka, would assume the chairmanship of the informal open-ended working group on An Agenda for Peace, replacing Nabil Elaraby of Egypt.

Statements on the MICIVIH draft, which was introduced by Argentina, were also made by the representatives of Canada, France, Chile, Haiti and the United States. On MINUGUA, which was introduced by Mexico, statements were made by the representatives of Spain, United States and Guatemala.

The Assembly will meet again at a date to be announced.

Assembly Work Programme

The General Assembly met this morning to hear an address by President Oscar Luigi Scalfaro of Italy and to consider a number of reports of its Fifth Committee (Administrative and Budgetary), three requests to reopen agenda items and a report of the Economic and Social Council. Also, it is scheduled to take action on the proposed mandate extensions of the International Civilian Mission to Haiti (MICIVIH) and the United Nations Mission for the Verification of Human Rights and of Compliance with the Commitments of the Comprehensive Agreement on Human Rights in Guatemala (MINUGUA), and the related questions of funding for those extensions.

Programme Budget for 1996-1997 Biennium

Part II of the report of the Fifth Committee (document A/50/842/Add.1) recommends a draft decision on the Advisory Committee on Administrative and Budgetary Questions' (ACABQ) activities. Under the terms of the decision, the General Assembly would take note of the ACABQ's report on its activities during the Assembly's forty-ninth session.

Also in Part II of the Fifth Committee's report (document A/50/834/Add.1) is a draft resolution on special representatives, envoys and related positions. The draft text would have the Assembly reiterate its request that the Secretary-General ensure that the number of such positions be kept to a minimum. He should also ensure that their duties are more clearly defined and streamlined, duplications avoided and current financial regulations and budgetary procedures fully complied with. The draft would also have the Assembly endorse the conclusions and recommendations of the ACABQ.

Adoption of Agenda

Concerning the reopening of agenda items, the Assembly will take action on a draft resolution by which it would endorse the recommendation of the Third United Nations Conference to Review All Aspects of the Set of Restrictive Business Practices to change the title of the Intergovernmental Group of Experts on Restrictive Business Practices to "Intergovernmental Group of Experts on Competition Law and Policy". The draft, which was approved by the Conference on 21 November 1995, is contained in an annex to a 28 March letter from Venezuela (document A/50/905).

The Assembly will also reopen its agenda time on the United Nations Conference on Human Settlements (Habitat II) to act on a 16 February request of the Preparatory Committee for Habitat II -- contained in a note by the Secretary-General (document A/50/900) -- to authorize the Economic and Social Council to decide, at its May 1996 resumed organizational session, on the accreditation to Habitat II of the non-governmental organizations that had not been recommended for accreditation by the Conference secretariat.

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In addition, the Assembly will reopen consideration of the report of the United Nations High Commissioner for Refugees (UNHCR), questions relating to refugees, returnees and displaced persons and humanitarian questions in order to consider a recommendation to enlarge the membership of the Executive Committee of the UNHCR from 50 to 51 States. The recommendation is contained in a note by the Secretary-General (document A/50/901).

In its consideration of the item on the situation of democracy and human rights in Haiti, the Assembly will have before it a report of the Secretary- General and an addendum (document A/50/861 and Add.1) with his recommendations on the extension of the mandate of MICIVIH, as well as a draft resolution (document A/50/L.67) on the subject.

By the draft -- sponsored by Argentina, Canada, Costa Rica, France, Haiti, United States and Venezuela -- the Assembly would authorize, within existing resources and on the basis of recommendations of the Secretary- General, the renewal of the mandate of the United Nations component of MICIVIH until 31 August 1996, according to the terms of reference under which the Mission is currently operating. While commending the Haitian authorities on the progress accomplished in the advance of democracy, the Assembly would also request the Secretary-General to continue to support the Government as it works towards the national reconstruction and development of Haiti.

A draft decision on MICIVIH would have the Fifth Committee inform the General Assembly that the Secretary-General would be authorized to commit $2 million gross ($1.8 million net) for the period 8 February to 31 May, should it adopt draft resolution A/50/L.67 and extend MICIVIH's mandate beyond 7 February.

In his 25 January report on MICIVIH, the Secretary-General points out the significant contribution the Mission can make to the consolidation of key structures in Haiti charged with respect of human rights and to the deepening of the incipient democratic process. He also states that, should the Assembly extend the mandate of MICIVIH, it would be necessary for it to appropriate additional funds to cover the costs of a further mandate period and to provide assurances that those funds would be made available in the necessary time- scale.

In the 15 February addendum to the report on MICIVIH, which contains a letter dated 9 February from the President of Haiti requesting an extension of the mandate of MICIVIH, the Secretary-General recommends that the mandate of the Mission be extended until 31 August 1996, at a reduced personnel level not exceeding 32 international staff and the required administrative and programme support, to be deployed by the United Nations. It is understood that the Organization of American States (OAS) will provide another 32 international staff for the Mission and that the 13 January 1995 agreement between the two organizations will continue in effect. The Secretary-General reiterates his

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observation that additional funds should be appropriated for the extension of the mandate.

Concerning the situation in Central America, the Assembly is scheduled to consider action on a draft resolution on MINUGUA (document A/50/L.68) -- sponsored by Colombia, Mexico, Norway, Spain, United States and Venezuela -- by which it would authorize within existing resources and in a manner consistent with the effective fulfilment of its mandate the renewal of the Mission's mandate until 31 December 1996, in accordance with the recommendations of the Secretary-General.

The Assembly would call upon the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (UNRG) to take effective action to implement the recommendations of the Director of the Mission and to comply fully with their commitments under the Comprehensive Agreement on Human Rights and with the human rights aspects of the Agreement on Identity and Rights of Indigenous Peoples. The parties would also be called upon to adopt all necessary steps to eradicate the suffering of the civilian population, as well as measures aimed at confidence-building.

By the terms of the draft decision on MINUGUA, the Fifth Committee would inform the Assembly that the Secretary-General would be authorized to commit up to $2.3 million monthly, should it adopt draft resolution A/50/L.68 and extend MINUGUA's mandate beyond 18 March.

According to the two draft texts on funding of MICIVIH and MINUGUA, the Committee would ask the Secretary-General to submit to the Assembly, not later than 15 May, his proposals on how to absorb the cost of the missions in the 1996-1997 budget. The absorption would affect, among others, part II of the budget. [Part II deals with political affairs, peace-keeping and special missions and outer space affairs.]

The Committee would return to the issue of appropriations at its resumed session in May, in the light of the Secretary-General's proposals. Both drafts recall that the Assembly had already asked the Secretary-General to save $104 million from the budget and fully implement all mandated programmes and activities.

In his report of 16 February on MINUGUA (document A/50/881), the Secretary-General recommends that the Assembly authorize the renewal of the mandate of the Mission until 31 December 1996. He bases his recommendation on the support for continuation of the activities of MINUGUA expressed by the Government and the URNG, as well as by broad sectors of Guatemalan society. He noted that, while the record of compliance with the commitments regarding human rights was unsatisfactory and should be improved, trends observed since the resumption of the peace process are encouraging, despite their slow pace. The MINUGUA has also noted that positive steps have been taken by the Government and the URNG towards compliance with several commitments included

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in the Comprehensive Agreement on Human Rights. The Secretary-General also called attention to the necessity for the Assembly to appropriate additional funds to cover the costs of the Mission for the further mandate period.

The fourth report of the Director of MINUGUA, with his recommendations for both parties in Guatemala, is contained in a letter of the Secretary- General (document A/50/878). The report also includes general conclusions on the first year of work since the Mission was set up on 21 November 1994. Based on the results of its verification, the Mission concludes that serious and repeated human rights violations were committed in Guatemala which have not been investigated or punished. Verification shows that the majority of the violations stemmed from action by agents of the State or groups linked to it. The Mission reaffirms that impunity was the main obstacle to the enjoyment of the human rights.

The Director, therefore, recommends in his report that the Government promote, as a matter of utmost priority, a comprehensive policy against impunity that is binding on the various authorities. He also recommends that the Government take a number of steps including: the provision of special assistance to the Public Prosecutor and the judiciary, the development of a national safety plan, the adoption of a public safety plan, the promotion of legislative reforms to limit military jurisdiction to specific military crimes committed by members of the army, and the drafting of a comprehensive programme to combat ethnic discrimination.

The Director goes on to reiterate a number of recommendations to the URNG, which include: refraining from causing unnecessary injury to person and damage to property; and refraining from attacking civilian property in retaliation against for refusal to pay the so-called "war tax". A special appeal is made to end the practice of the "war tax".

In a letter of 12 March (document A/50/891) on the funding for MICIVIH and for MINUGUA, the Secretary-General expresses his deep concern about the draft resolutions extending the mandates of MICIVIH and MINUGUA, respectively, and which would have their activities carried out "within existing resources". He recalls that Assembly resolution 50/215 of 23 December 1995 had recognized expenditures of $2.71 billion for 1996-1997, but appropriated only $2.61 billion, with cuts of $104 million due in the biennium. But in resolution 50/214, it had also decided that savings in the budget were not to affect the implementation of mandated work. "With the abovementioned reductions to the regular budget, I have no flexibility to implement additional mandates within existing resources. The Assembly's request for the continuation of MICIVIH and MINUGUA without the requisite financial resources, therefore, stands in danger of not being implemented", he concludes.

According to the Secretary-General, the missions would cost an additional $24 million if extended through 1996 and an additional $28 million through 1997. He recalls having stressed the need to set up procedures for

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funding some field missions which are neither peace-keeping operations nor activities to be financed by the regular budget. In addition to MICIVIH and MINUGUA, similar missions would need additional financing if their mandates were authorized and/or extended.

Since Assembly resolution 41/213 states that spending due to costs for peace and security would be treated as requirements additional to an approved budget, the Secretary-General states that the main purpose of his letter is to alert Member States to the implications of asking him to implement extended mandates without providing adequate funding. The Assembly's decision to cut the 1996-1997 budget by $104 million makes it impossible to absorb additional spending without affecting existing programmes and activities. The mandates proposed in the two drafts could be implemented if the Assembly chose existing programmes that should be curtailed, postponed or ended.

The letter is accompanied by statements of budget implications of the draft resolutions (documents A/C.5/50/52 and 53). They have been submitted to the Fifth Committee under the Assembly's rules of procedure, which provide that the Assembly shall not vote on any resolution that could require additional funding until the Fifth Committee has had a chance to state the proposal's effects on United Nations budget estimates.

According to the statements, since the activities related to MICIVIH and MINUGUA are extraordinary, they should be dealt with outside procedures on the contingency fund, as provided in paragraph 11 of annex I to Assembly resolution 41/213 of 19 December 1986. (According to the provisions on the contingency fund, revised estimates for such extraordinary expenses as those for maintaining peace and security shall not be covered by the fund. The Secretary-General should, however, try to absorb them through savings from the budget without harming programme delivery or prejudice to the use of the contingency fund.)

Also before the Assembly will be a report of the Economic and Social Council on its resumed substantive session of 1995 (document A/50/3/Add.2).

Statement by President of Italy

OSCAR LUIGI SCALFARO, President of Italy, began by stressing that his country had been an active member of the United Nations for over 40 years and had been punctual in honouring its assessment. It was the sixth largest contributor to the regular budget. Fully aware of the Organization's financial difficulties, Italy had been early in its provision of funds for the current year, and in 1995 it had contributed more than $150 million to the peace-keeping budget alone.

He went on to say that Italy's strong belief in the indispensable role of the United Nations was also shown by the fact that 62 of its citizens had died in United Nations operations in the cause of peace. "The voices, tears,

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and cries of the millions of innocent, abandoned, and disabled children, who have neither families nor love, would certainly be enough to justify, indeed, to force each and every population and each and every State that truly believes in human rights to support this institution." They must ensure that it is efficient and effective and feel a sense of guilt when they neglect it or when they fail to meet their solemn commitments, he said.

"Because of this faith in the essence of the United Nations", he continued, "and with the authority that is bestowed upon me by the loyalty of my country to commitments it has pledged and always fulfilled, whatever the cost, I would like to say to those States which belong to the United Nations but do not fulfil their obligations: do you not realize that by neglecting the commitments to which you have freely subscribed -- even when such neglect may not be your real intention -- you end up not being on the side of peace, the rights of man, freedom, and justice?" He added that he had no wish to accuse anyone, but he would caution that peace was a value that concerned everybody, and everybody must share the responsibility for it.

He said he felt the need to express to the United Nations, to all those who work and will work within and through the Organization, his country's gratitude and his personal gratitude. That gratitude sprang from the many operations the United Nations had effected in order to protect threatened populations, from the immense humanitarian efforts which had saved hosts of suffering people. "Nobody will be able to measure the evils that this Organization has impeded through its foresight and deterrence, how much suffering it has foreseen and prevented, or how much pain, how many clashes, trials and torments, and heavy burdens it has forestalled; and this because somebody's sacrifice raised an effective barrier!" Such a chronicle of averted tragedies would never be written, but the legacy would never be erased.

After 50 years of activity, he said, the Organization must also re- examine those moments, actions and events which were less successful, had no positive impact, produced only incomplete results, or which cause damage and, at times, induced serious doubts. Those errors, inaction and delays which had painful consequences must be examined. In considering the causes of those errors, one should not forget one serious cause -- the lack of means -- which, in the case of certain countries, could be seen as a fault.

It was also necessary to examine the challenges of the future and consider what evolution was necessary for the Organization to meet those challenges successfully, he continued. The sole task was to ensure that the United Nations became the most efficient, flexible, transparent and suitable instrument to serve humanity when it was in danger. "We must beware of serving the exclusive interests of our own countries" in facing the need to streamline or change the Organization. The most important question in facing reform was political will. If 185 States were really able to express a common and forceful will, they would give enormous political responsibility to the

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Security Council and to the Secretariat. The strength of the United Nations, however, was to be found in the General Assembly, and the peoples of the world must believe in that Assembly.

The questions surrounding the Security Council should be resolved through the involvement of the largest possible number of Member States, he said. Caution should be used, however, for "an Olympus of powerful countries could widen the gap and, thus, reduce the interest of the excluded, demeaning their political commitment in the process and perhaps marginalizing them ...". All Member States must feel that they are a vital part of the United Nations. The raison d'être of the United Nations was the defence of the individual, of humanity. Nobody could wash their hands of such questions. The defence of the freedom of the peoples of the world was the direct responsibility of the United Nations.

Fifth Committee Draft Texts

The Assembly adopted the draft decision on the activities of the ACABQ, as recommended by the Fifth Committee.

The Assembly adopted the resolution on special representatives, envoys and related positions, as recommended by the Fifth Committee.

Adoption of Agenda

The Assembly decided to reopen and consider directly in plenary its agenda items on trade and development and on the United Nations Conference on Human Settlements (Habitat II).

It then went on to authorize the Economic and Social Council, at its resumed organizational session in May 1996, to decide on the accreditation to Habitat II of the non-governmental organizations that had not been recommended for accreditation by the Conference secretariat.

The Assembly also reopened consideration of its agenda item on the report of the UNHCR, questions relating to refugees, returnees and displaced persons and humanitarian questions, in order to take action on the recommendation to expand the membership of the Executive Committee of the UNHCR.

Report of Economic and Social Council

The Assembly took note of the report of the Economic and Social Council on its resumed substantive session of 1995.

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Draft Resolution on Haiti

EMILIO J. CARDENAS (Argentina) introduced and reviewed some of the provisions of the draft resolution on MICIVIH. He said the resolution would renew MICIVIH's mandate to 31 August to help promote the climate of freedom and tolerance that would help respect for human rights and democracy in that country. Justice and economic prosperity and other positive developments would be encouraged by the mission's presence. The draft should be adopted by consensus.

LORENZO FERRARIN (Italy), also speaking for the European Union -- joined by Cyprus, Hungary, Poland and Romania -- said the Assembly had expressed its support for the role of MICIVIH and trusted the Haitian Government to cooperate with the mission to carry out its tasks. The United Nations had made efforts through two parallel missions. One was aimed at strengthening the institutions and to foster the economic and social reconstruction of the country, with particular respect for human rights. The other was aimed at creating the conditions for security and peaceful coexistence among all members of Haitian society. Both missions had achieved positive results.

Regarding the report of the Secretary-General on the situation in that country, he said that it provided the necessary elements for a decision to extend the mission. There were still some grey areas in the complex post- conflict peace-building initiative by the United Nations and, in that respect, the abuses outlined by the Secretary-General caused continued concern. The Union was satisfied that the human rights situation had improved. That was why it agreed with the main duties of MICIVIH, which were to provide technical aid in building institutions and to initiate programmes to promote and protect the human person.

The Union, he said, had noted the letter by the Secretary-General on the issue of funding with great concern. The letter had alerted Member States on the implications of extending mandates without, at the same time, providing adequate additional financing. Providing about 50 per cent of actual cash flow to the United Nations, the Union was aware of those implications and shared his views that human rights missions had been set to help bring about lasting peace. At present, it was not possible to have a clear understanding as to whether it would be necessary to have additional appropriations or whether the mission's costs could be partially absorbed "within existing resources". The Union was ready to agree to funding the mission with additional assessments, if it was not possible to absorb its costs through savings from the current budget.

DAVID KARSGAARD (Canada) said the inauguration of President René Preval on 7 February was the first transfer of power from one democratically elected President to another in Haiti's history. However, there was still some distance to be travelled in consolidating the gains made to date and ensuring that democracy in Haiti remained secure and stable. Both the Government and

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people of Haiti needed to prepare themselves for some of the difficult choices which lay ahead.

Economic reform was critical to the consolidation of democracy in Haiti, he continued. Canada was providing technical and other forms of bilateral assistance to various Haitian institutions and would continue to do so. Confidence in the Government was also required. At issue was the authority of the State and the population's respect for that authority. The administration of justice through the new Haitian National Police represented the most immediate impact. Institution-building required the creation of a viable, effective judicial system, which would treat all Haitian citizens justly and fairly.

He said the MICIVIH had proven to be a highly successful collaboration with a regional organization, the OAS, and was a credit to both. As authorized by the Assembly, the Mission would continue to perform such tasks as assisting with the implementation of a reform project to create a civilian penal administration system. It would also provide important support in the area of police training.

Regarding the financial issues which had been raised in the context of the MICIVIH resolution, he said there was broad political support for the excellent work of the Mission. However, it had been suggested that the mandate could not be supported within existing resources, and that was cause for concern. He expressed pleasure that a commitment authority had been authorized for the extension of the mandate.

HERVÉ LADSOUS (France) said that elections had been held in Haiti, with President Preval succeeding Jean-Bertrand Aristide in a peaceful and exemplary transition. The situation in Haiti had improved greatly due, in part, to the help of the United Nations. The Secretary-General had shown that the presence of the observers in charge of verifying human rights had been helpful in reinforcing the institutions of human rights and justice in Haiti.

He said that other important issues to be addressed in Haiti after the election included the formation of the police, an independent judiciary and the elaboration of a programme for the promotion of human rights. Those were among the objectives of MICIVIH, which was also helping to ensure a climate of tolerance and to ensure durability of democratic institutions in Haiti. Those roles justified sufficient financing for the Mission. He expressed the hope that the Fifth Committee would get a new report from the Secretary-General on the matter and give the Mission the resources it needed to operate properly. In that regard, he called attention to certain contributors to the Organization who were not meeting their obligations.

FERNANDO VARELA (Chile) said the draft on Haiti had the broadest support in his country. The draft extending the mandate of the Mission would consolidate progress in Haiti. With the Mission, the United Nations was

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cooperating in the transition in Haiti. The international community was helping to avoid any deterioration in the conditions in Haiti which could be difficult to reverse. As one of the "Group of Friends" of Haiti, Chile was confident that the financing for the Mission would be found through the technical work of the Fifth Committee.

PIERRE LELONG (Haiti) said the people and Government of his country were grateful for the continued support of the Organization and its role in the restoration of the constitutional order in Haiti. At the end of a long political crisis, Haiti had committed to a process of national reconstruction and the rule of law. Considerable steps had been taken already and important milestones had been achieved. Real progress had been achieved in the area of human rights. Legislative power had been restored in the country. The military had been demobilized and the National Police and judicial system were being set up.

The progress achieved had been possible through the support of the Organization, he said. A climate of security had been established. Since 7 February a new phase in the process of national reconstruction had begun. Political stability was a goal of the new administration. A broad-based reform in the public administration and the judicial system would be carried out. A realistic economic policy would be developed. International assistance would be necessary to pursue the goals of reconstruction.

EDWARD W. GNEHM (United States) said the MICIVIH had done valuable work in Haiti and continued to do so. The observers, from 46 countries, had helped promote respect for human rights and represented an excellent example of effective coordination between the United Nations and the OAS. The MICIVIH had played a vital role in monitoring the overall human rights situation in Haiti and the investigation of individual violations and observed the elections of last year. Its presence had helped Haiti create a dramatically improved human rights situation in the past one and a half years.

"A repressive human rights climate in Haiti has given way to one where freedom of expression and freedom of assembly are honoured by the authorities, where the people need not fear arbitrary arrest, where the police protect rather than abuse human rights, and where every Haitian woman and man can vote freely and peacefully for both local and national officials and where one democratically elected government has succeeded another", he said.

The Haitian Government should take further steps to deepen faith in the police, the courts and the ballot box. More should to be done to build up the police and overhaul the justice system. He said he was pleased with the action of the Fifth Committee on the financing of the Mission, which was a high priority, and looked forward to the report of the Secretary-General as sought by the Committee.

The draft resolution on Haiti was then adopted without a vote.

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Draft resolution on Guatemala

GUSTAVO ALBIN (Mexico) introduced the draft resolution on MINUGUA on behalf of the text's co-sponsors, and reviewed the contents of the draft resolution. The democratic institutions in the country had improved, with MINUGUA contributing to that process. Both sides were making progress in negotiations taking place in Mexico. Concrete detente was needed to help the process. The MINUGUA should be extended to 31 December and the co-sponsors supported that recommendation by the Secretary-General. He called for it to be adopted unanimously.

Mr. FERRARIN (Italy), also speaking for the European Union -- joined by Cyprus, Hungary, Poland and Romania -- said the Union shared the mission's general conclusions and recommendations, which contained some positive aspects, but also underlined that serious and repeated human rights violations were being committed in Guatemala that had not been probed or punished. Both the Government and the URNG were responsible for failing to comply with their human rights commitments under the comprehensive agreement on human rights. The Government's cessation of forcible recruitment into its armed forces should be highlighted. The same applied to the greater moderation of its police and security forces and the army's displays of restraint in armed conflicts. Among the positive signs from the URNG were its restraint in military activities and the unilateral cessation of hostilities during the elections in order to promote the exercise of political rights.

Despite those gains, he continued, a climate of violence and insecurity existed in Guatemala for which both sides were responsible. He supported MINUGUA's recommendation to the Government to promote a comprehensive and binding policy against impunity. The URNG was responsible for violations of its human rights obligations resulting from actions by URNG members that had gone unpunished. The two sides should comply fully with their commitments under the comprehensive agreement on human rights. They should also take steps to implement the recommendations in the MINUGUA reports and comply with suggestions of the independent expert of the Commission on Human Rights, Monica Pinto.

He said The Union was encouraged by the signs that human rights would be more fully enjoyed in Guatemala, which included progress in the peace process, in the political transition and in the growing participation of indigenous communities in national life. The situation was improving and the peace negotiations had achieved a very positive momentum. The resumption of the negotiations on 22 and 23 February in Mexico between the parties was a positive sign that they would maintain that momentum. It was satisfied with the recent announcement by the URNG of a suspension of offensive military operations and the response of President Alvaro Arzu in instructing the army to cease counter-insurgency operations. All those gave the Union the belief that MINUGUA's mandate should be extended.

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The Union, he said, had noted the letter by the Secretary-General on the issue of funding with great concern. The letter had alerted Member States to the implications of extending mandates without at the same time, providing adequate additional financing. As it provided some 50 per cent of actual cash flow to the United Nations, the Union was aware of those implications and shared the Secretary-General's views that human rights missions had been sent to help bring about lasting peace. At the current stage it was not possible to have a clear understanding as to whether it would be necessary to have additional appropriations, or whether the mission's costs could be partially absorbed "within existing resources". The Union was ready to agree to funding the mission with additional assessments, if it was not possible to absorb its costs through savings from the current budget.

ARTURO LACLAUSTRA (Spain) said his country's direct participation in the situation in Guatemala illustrated its belief in the importance of the peace process. Regarding the financial situation, he concurred with the Secretary- General's observations on the vital importance of proper funding of such missions as MINUGUA. The new administration's actions in Guatemala augered well for the peace process. With the improved atmosphere, the negotiations had resumed in Mexico City between the parties. Agreements on socio-economic and agrarian aspects were crucial. He expressed satisfaction over the March negotiations that had made progress in those areas. The results of those negotiations would lay the groundwork for a real and lasting peace.

The report of the Director of MINUGUA was significant, he continued. It pointed to the consolidation of certain progress. The problem of continued impunity represented a real challenge to the new Government. It was essential that the GoverNment and the URNG adopt the recommendations of the Mission, he stressed. The draft, which Spain co-sponsored, would extend the mandate of MINUGUA through 31 December and express the confidence of the international community in the potential success of the peace process.

LARS-HJALMAR WIDE (Sweden) said the peace process in Guatemala had reached a critical juncture. The successful completion of the peace negotiations would require continued determination and commitment by both parties and the active support of the international community. The MINUGUA had an important role to play. The decision of the URNG to unilaterally suspend military operations was welcome. As negotiations were pursued in the remaining areas, it was also essential that the commitments already entered into by the parties be implemented in full.

He said serious human rights violations continued to take place. He called on the Government of Guatemala to ensure full respect for its human rights obligations. In particular, determined action must be taken against the pervasive impunity that had been the main obstacle to the enjoyment of human rights in Guatemala. Sweden also urged the Government to promote implementation of the Agreement on Identity and Rights of Indigenous People.

General Assembly Plenary - 14 - Press Release GA/9054 103rd Meeting (AM) 3 April 1996

He expressed agreement with the Secretary-General that the funding of the Mission was not just a budgetary problem, but one that related to the very capacity of the United Nations to act in the field of peace and security. The delay in adopting the current resolution extending the mandate was not the result of differences of opinion on the need for a continued United Nations presence in Guatemala. In view of the budgetary consequences of the draft, Sweden had not found it possible to co-sponsor the resolution.

Mr. GNEHM (United States) said his country was proud to co-sponsor the draft resolution on MINUGUA. The role of the Mission in monitoring human rights was crucial to establishing an atmosphere of confidence and freedom from intimidation which would encourage the prompt and successful conclusion of the peace negotiations. He commended the work of MINUGUA and said the resourcefulness, dedication and courage shown by the international monitors and staff not only brought honour to the United Nations, but served as an example to civilian/military officials in Guatemala.

He noted the important step taken by the Government of Guatemala and the URNG to cease offensive military operations. That courageous step was an important contribution towards bringing the peace negotiations to a successful conclusion. He expressed pleasure with the action of the Fifth Committee regarding the financing of MINUGUA and looked forward to the report of the Secretary-General that was requested by the Committee.

The Assembly then adopted without a vote its resolution extending the mandate of MINUGUA.

Following action on the draft, FABIOLA FUENTES ORELLANA (Guatemala) expressed the appreciation of the Government and people of Guatemala for showing its commitment to the Guatemalan peace process by renewing for the third time the mandate of the mission. She expressed hope that the funding issues would be resolved to ensure that the mission was kept to the end of the year. The MINUGUA would help ensure progress in the peace negotiations. The talks had received new momentum with the election of President Arzu, and both sides had agreed to end the division of the nation and to end the bloodshed in the country. Both sides had agreed to suspend military actions.

The problem of impunity would be checked when peace was established, she said. Peace would also help protect and promote human rights and the respect for the rule of law. She expressed hope that, within the time given, the means to finance the mission through the year would be found.

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