ASSEMBLY CALLS FOR REPEAL OF UNILATERAL ECONOMIC SANCTIONS AGAINST NATIONALS, COMPANIES OF THIRD COUNTRIES

27 November 1996

Press Release
GA/9177

ASSEMBLY CALLS FOR REPEAL OF UNILATERAL ECONOMIC SANCTIONS AGAINST NATIONALS, COMPANIES OF THIRD COUNTRIES

19961127 Libya Says Such Actions Violate UN Charter; United States Asserts That Issue is Not Rights of States, but Punishment for Terrorism

The General Assembly this morning called for the immediate repeal of unilateral extraterritorial laws which impose sanctions on the companies and nationals of other States. Adopting a resolution to that effect by a vote of 56 in favour to 4 against (Federated States of Micronesia, Israel, United States and Uzbekistan), with 76 abstentions, the Assembly also called upon all States not to recognize unilateral extraterritorial coercive economic measures or legislative acts imposed by any States (See Annex). The representative of Libya, introducing the draft resolution, said the Assembly had expressed concern about the harmful effects of coercive economic measures and had appealed to the international community to put an end to such actions. Nonetheless, those practices continued and this year the United States enacted laws punishing non-American companies investing more than $40 million in petroleum resources in Libya and Iran. Beyond the fact that those laws ran counter to the Charter, they also impeded international efforts aimed at liberalizing world trade and gravely hurt the economies of developing countries. Such laws, he said, reflected "extreme selfishness" on the part of the United States administration which, having safeguarded its economic interests following the Gulf War, wanted to deprive western and other countries of access to the remaining markets in the Middle East. While the United States had said its actions were meant to pressure Libya to respond to Security Council resolutions, Libya had carried out nearly all the requirements of the Council and was ready to cooperate in regard to the trial of the two Libyan citizens suspected of involvement in the downing of the Pan Am flight over Lockerbie. The representative of the United States, explaining its position before the vote, said the Government of Libya would have Member States believe that the draft was about free trade and the right of States to choose their own models of economic development. In truth, it was aimed at distracting

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attention from Libya's support for international terrorism and its obstinate refusal to comply with its obligations under Security Council resolutions imposed because of Libya's involvement in two terrorist bombings of civilian aircraft. Libya should not be encouraged to believe that anything less than full compliance with Security Council resolutions could end its confrontation with the international community. The representative of Ireland, for the European Union, reiterated the Union's rejection of any attempts to apply national legislation on an extraterritorial basis. However, the draft resolution did not adequately distinguish between coercive economic measures imposed unilaterally and those authorized by the Security Council in conformity of the Charter, so the European Union was unable to support the draft and would abstain. The representatives of Australia, New Zealand and Canada, while noting their objection to the extraterritorial application of national legislation, said they had abstained for the reason stated by Ireland. During discussion of that issue, statements were also made by the representatives of Ukraine, Iran, Iraq and Cuba. Statements in explanation of position were also made by the representatives of Turkey, Swaziland, Venezuela and Burundi. In other action this morning, the Assembly called upon the Secretary- General to continue efforts to promote and expand cooperation with the Economic Cooperation Organization. The specialized agencies and other United Nations bodies were used to increase their consultation with that body and with its associated institutions. The draft was introduced by the representative of Turkmenistan. During this morning's consideration of cooperation with the Organization of African Unity (OAU), the representative of Cameroon introduced a draft by which the Assembly would urge the United Nations to enhance its cooperation with, and facilitate the participation of, the OAU in its preventive diplomacy, peacemaking and peace-keeping operations and joint fact-finding missions in Africa. Such support, he said, could be offered by providing technical assistance and aid in mobilizing financial and logistical support. By other terms of that draft, the Assembly would emphasize the urgency of the need to adopt appropriate measures to ensure the effective implementation of the United Nations New Agenda for Development of Africa in the 1990s, in areas such as resource flows, debt relief and diversification of African economies. During a related discussion, statements were made by the representatives of Ireland, for the European Union and associated states; Benin; Tunisia; Saint Lucia; and Botswana. Action on the related draft was postponed. The Assembly meets again at 3 p.m. on Friday, 29 November, to begin discussion of the rights of the Palestinian People.

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Assembly Work Programme

The General Assembly met this morning to begin consideration of cooperation between the United Nations and the Organization of African Unity (OAU), and of cooperation between the United Nations and the Economic Cooperation Organization. It was also scheduled to discuss a new item on "elimination of coercive economic measures as a means of political and economic compulsion".

Cooperation with OAU

On cooperation between the United Nations and the OAU, the Assembly has before it a report of the Secretary-General (document A/51/386) and a related draft resolution (document A/51/L.19).

In his report, the Secretary-General recalls that in a message to the Assembly at its fiftieth session, the then Chairman of the OAU, President Meles Zenawi of Ethiopia, stressed the need for the international community to lend its support to African initiatives in the areas of prevention, management and resolution of conflicts, and economic growth and development.

According to the report, in the period under review the Secretary- General continued to consult with the Secretary-General of the OAU on all African issues of common concern to the two organizations during meetings between them in New York and in Yaounde, Cameroon.

On cooperation in the area of economic and social development, the report states that the Centre for Human Rights has maintained and strengthened its contacts and cooperation in various fields with the OAU secretariat and the African Commission on Human and People's Rights. That cooperation includes some training of the armed forces in human rights, including the organization by the Centre of a seminar on human rights, democracy and the rule of law for 30 senior army officers from Portuguese-speaking Africa.

The report also states that in June, the Joint Secretariat (Economic Commission for Africa (ECA), African Development Bank and the OAU), met with representatives of the regional economic communities. That was followed by the seventh consultative meeting of the heads of the Joint Secretariat and the regional economic communities. At both meetings, the three institutions reiterated the importance of economic cooperation and integration in their activities. It was agreed that the Joint Secretariat should undertake a coordinated action with regard to some economic issues, including sustainable development and environment, and Africa's external debt.

A key interest of the United Nations Children's Fund (UNICEF) is to support Africa and its leaders in maintaining their concern for children, says the report. The adoption of a UNICEF-sponsored resolution at the OAU Assembly

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of Heads of State and Government in Yaounde in July was a high point of the event, being the presentation by children from war-affected countries of a declaration against war, an Anti-War Agenda. Other interests include collaboration with the OAU to devise a strategy to combine iodine deficiency disorders on a continental scale, and the ratification of the Convention on the Rights of the Child.

Also during the period, the United Nations Conference on Trade and Development (UNCTAD) held consultations with the OAU regarding the participation of the Conference in the work of the preparatory committee for the Second Afro-Arab Trade Fair, held in Johannesburg in October 1995. The UNCTAD also participated in the OAU/League of Arab States Economic Cooperation Forum, which was held during the Trade Fair.

According to the report, cooperation between the United Nations Development Programme (UNDP) and the OAU has concentrated on strengthening the managerial and administrative capacities of the OAU and providing support for the African Economic Community. The UNDP has also assisted in bringing women's issues into the mainstream of African development through the establishment of a women's unit in the OAU.

The United Nations Environment Programme (UNEP) has provided financial and technical support for the organization of an African expert group meeting to prepare an African consensus and common perspective and position on the United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, particularly in Africa, the report states. Also, in June, the United Nations Population Fund (UNFPA) concluded a four-year project with the OAU. It sought to strengthen the technical capacity of the OAU in areas relating to population and development, with a view to assisting member States in adopting and implementing population policies. The agency is currently considering a new four-year project submitted by the OAU that examines key issues for Africa's development.

In July 1995, the OAU adopted a report on the drug control and abuse situation in Africa, and a Plan of Action for Drug Control in Africa, which was prepared by the United Nations International Drug Control Programme, says the report. The Council of Ministers also adopted a resolution in which they commended the efforts of the OAU secretariat and the Programme in drawing up the Plan of Action and called on the Programme to further strengthen and intensify its cooperation with the OAU.

According to the report, a significant new development in cooperation between the Food and Agriculture Organization (FAO) and the OAU was the accreditation in 1995 of the FAO representative in Ethiopia as concurrent FAO representative to OAU, and the assignment of a Senior Liaison Officer between the two organizations. The report also draws attention to a series of consultations between the United Nations Educational, Scientific and Cultural

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Organization (UNESCO) and the OAU in the field of conflict prevention and peace-keeping, adding that UNESCO is also reinforcing its cooperation with the OAU in the implementation of the United Nations System-wide Special Initiative on Africa.

Reviewing activities of the World Health Organization (WHO), it notes that it collaborated with the OAU in the preparation of a theme paper on the situation of women in Africa in the context of family health for the Fifth Conference of African Ministers of Health, which was held in Cairo in April 1995. It has further pledged to provide the necessary support to States members of the OAU in achieving the goal of polio eradication in Africa by the year 2000.

The main vehicles for cooperation between the International Monetary Fund (IMF) and the OAU included financial assistance, external debt and aid coordination, policy advice, surveillance, and technical assistance, says the report. As a joint sponsor of the Second Industrial Development Decade for Africa, the United Nations Industrial Development Organization (UNIDO), in cooperation with the OAU and ECA, reviewed critical issues for the effective implementation of the programme for the Decade and monitored the activities being implemented as well as the guidelines and framework for cooperation.

Under the terms of the draft resolution, the Assembly would emphasize the urgency of the need to adopt appropriate measures to ensure the effective implementation of the United Nations New Agenda for the Development of Africa in the 1990s, in particular in the areas of resource flows, debt relief and diversification of African economies. It would urge all States and international subregional and regional organizations actively to implement the recommendations of the Ad Hoc Committee of the Whole of the General Assembly for the Mid-term Review of the New Agenda, as adopted by the Assembly's current session.

Also by the draft, the Assembly would request the relevant organs of the United Nations system to assist the OAU to strengthen its capacity for information gathering, analysis and dissemination through the training of personnel and the mobilization of technical and financial assistance. It would further request the Secretary-General to strengthen the organizational units established within the United Nations to follow up on the implementation of the New Agenda and to provide them with regular adequate resources.

The draft resolution is sponsored by Cameroon, on behalf of the African Group of States.

Cooperation with Economic Cooperation Organization

The Assembly also has before it the report of the Secretary-General on cooperation between the United Nations and the Economic Cooperation

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Organization (document A/51/265 and Add.1), and a related draft resolution (document A/51/L.7/Rev.1).

The members of the Economic Cooperation Organization are Afghanistan, Azerbaijan, Iran, Kazakstan, Kyrgyzstan, Pakistan, Tajikistan, Turkey, Turkmenistan and Uzbekistan.

The organization was originally created by the Treaty of Izmir on 12 March 1977. It was revised at Ashgabat on 11 May 1996, and signed at Izmir on 14 September 1996, as a permanent body for intraregional cooperation, consultation and coordination in order to enhance economic, social and cultural development.

The report states that significant developments in recent years include the activation of subregional organizations and the emergence of new subregional groupings to pursue cooperative endeavours among neighbouring countries, in order to strengthen the development momentum. The United Nations has sought to harness the potential offered by those opportunities for the benefit of Member States.

The memorandum of understanding between organization and the Economic and Social Commission for Asia and the Pacific (ESCAP), signed in July 1993, is a case in point, says the report. Ten States members of the Economic Cooperation Organization are also members of ESCAP and several of them share common problems as economies in transition. Under the terms of the memorandum, both organizations agreed to collaborate on development issues; to develop and implement joint projects, including workshops and seminars on mutually identified areas of priority concern; to exchange information on economic and social development issues; and to cooperate in providing inputs to their respective technical committees.

Regarding the transportation sector, for example, three studies concerning transport linkages in Central Asian States were completed in 1995, says the report. The organization and ESCAP prepared a project to undertake a survey of economic resources and a framework for regular dialogue was established through consultative meetings between the executive heads of subregional organizations and ESCAP. The third consultative meeting was expected to be hosted by the organization's secretariat at Tehran, during the first half of 1997.

By the draft resolution, the Assembly would urge the specialized agencies and other organizations and programmes of the United Nations system to initiate, maintain and increase consultation and programmes with the Economic Cooperation Organization and its associated institutions in the attainment of their objectives. It would also call upon ESCAP, as the regional arm of the United Nations having all Member States of the Organization as its members, to assume a specific role in promoting

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cooperation with it. The draft is sponsored by Afghanistan, Azerbaijan, Iran, Kazakstan, Kyrgyzstan, Pakistan, Tajikistan, Turkey and Turkmenistan.

Elimination of Coercive Economic Measures

The Assembly also has before it a draft resolution, sponsored by Libya, on the elimination of coercive economic measures as a means of political and economic compulsion (document A/51/L.23).

Under its provisions, the Assembly would call for the immediate repeal of unilateral extraterritorial laws that imposed sanctions on companies and nationals of other States, and would call upon States not to recognize unilateral extraterritorial coercive measures or legislative acts imposed by any State. It would also reaffirm the inalienable right of every State to economic and social development and to choose the political, economic and social system which it deemed most appropriate to the welfare of its people. The Secretary-General would be asked to submit a report on the implementation of the text.

Cooperation with the OAU

JEAN-MARC MPAY (Cameroon), speaking as Chairman of the African Group, introduced the resolution on cooperation between the United Nations and the OAU. Reviewing areas in which the two organizations had cooperated, he said that OAU members would welcome support for their efforts in the area of peace-building, peacemaking and peace-keeping. Also, assistance would be welcome in efforts to develop African mechanisms for preventive diplomacy. United Nations support in coping with situations resulting from acts of war, such as care of refugees and displaced persons, would also be welcomed.

He said collaboration with the United Nations was also important for the development efforts of Africa. While the African nations recognized that they had the primary responsibility for their own development, international development programmes must be implemented more effectively and sufficient funding must be provided. The need for foreign aid was vital for many African countries to support efforts such as capacity-building and social infrastructure. He noted that certain aspects of the draft resolution were still under consideration. For that reason, his delegation had asked that action on it be postponed.

JOHN H. F. CAMPBELL (Ireland), for the European Union and Bulgaria; Cyprus; Czech Republic; Hungary; Lithuania; Poland; Romania; and Slovak Republic, and also for Iceland, said the European Union believed that regional organizations had an increasingly important role to play. It welcomed regular contact and dialogue with regional organizations in Africa and looked forward to ministerial-level meetings with OAU representatives in the near future.

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The conflict-prevention mechanisms established by the OAU were welcomed, since such systems could afford African States the opportunity to lead in such matters on the African continent. The European Union was providing technical and financial support to OAU efforts to set an appropriate mechanism in place. While recognizing the pre-eminent role of the United Nations in peace-keeping matters, the European Union was convinced of the need for the closest possible cooperation between the United Nations and the OAU.

He said the OAU also had an important role to play in nurturing the development of democracy in Africa. The European Union encouraged greater cooperation between the United Nations and the OAU in that area. At the same time, the European Union membership considered it a duty to speak out against injustice. One year after the execution of Ken Saro Wiwa and eight others in Nigeria, the European Union remained gravely concerned by the human rights situation and the slow pace of transition to democracy in that country. In Angola, the European Union was concerned at the slow rate of progress in implementation of the peace process. Of foremost concern was the situation in the Great Lakes region, a situation which must be monitored closely. The response of the international community must be coherent and well-coordinated. The European Union reiterated its support for the convening of an international conference on peace, security and development in the Great Lakes region, under the joint auspices of the United Nations and the OAU.

While many African nations had undertaken extensive economic reforms, he said, half the African population continued to live in poverty. To reduce poverty, the African countries, with the encouragement of the international community, must achieve and maintain steady rate of growth. While the European Union offered its assistance freely, it recognized that it had a responsibility to do so. On the African side, each Government must accept responsibility for its own people, to secure basic rights and freedoms. The OAU had assumed an important role in defining such responsibilities. With the assistance of the United Nations, the OAU would meet the challenges of helping Africa steer a course of confidence and hope.

GEORGES WHANNOU (Benin), recalled that since 1988, resolutions had been regularly adopted on the need for cooperation between the United Nations and the OAU. The African continent witnessed conflict on a daily basis and today the international community was observing the human tragedy occurring in the Great Lakes region, in eastern Zaire. There was a threat of complete engulfment in the area, creating great tension and threatening regional stability.

He expressed his delegation's appreciation for Canada's commitment towards finding a solution to the conflict, but said he regretted the clash of views over the mandate of the multinational force. Thousands of lives were threatened or were being lost. "There is a limit to rhetoric", he said.

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Cooperation between the United Nations and the OAU in the recovery and economic development of the continent was urgent, he continued. The Assembly had many times noted the need for international cooperation to find a solution to Africa's debt, which was a great hindrance to the continent's development.

SLAHEDDINE ABDELLAH (Tunisia) said cooperation between the United Nations and the OAU had developed and been strengthened since the creation, in 1993, of the OAU mechanism for the prevention of conflict. That cooperation took into account the key role of the OAU on the continent, and reflected the increasing interest of the United Nations in regional organizations in the task of preserving peace.

Proposals for a partnership regarding a rapid reaction force should be further explored, he continued, so as to facilitate participation by African forces in the task of maintaining peace. The United Nations might usefully contribute to the task by training the personnel that would serve in such a force. Preventive action was crucial in African efforts to preserve peace. Tunisia, he added, supported the idea of a regional conference under the auspices of the United Nations and the OAU in order to review the situation of the Great Lakes region.

On economic cooperation, he said Africa's reform efforts deserved to be recognized and encouraged, especially through the mobilization of resources, the alleviation of the external debt and the acceleration of the Economic African Community. The Secretary-General's Special Initiative for the Development of Africa was particulary commendable.

SONIA R. LEONCE (Saint Lucia), for the Caribbean Community (CARICOM), said there could be no question that the OAU had played an important role in the maintenance of international security. The situation in the Great Lakes region was of concern. The CARICOM States had welcomed the convening of an international conference to address the situation there.

The African States and the OAU had undertaken to secure needed funding for development work, she said. In the area of development, assistance from the international community was vital. The work of United Nations specialized agencies had been of great importance to the efforts to improve the life of the people in Africa. CARICOM called upon the United Nations to continue and develop such programmes. Her Government would support the draft resolution before the Assembly.

PAUL MMOLOTSI RANTAO (Botswana) said the growing partnership between the United Nations and the OAU was a laudable development which would make positive contributions to the operational capacity of the OAU. Of particular importance was the OAU mechanism for the prevention, management and resolution of conflict, still in its infancy. A strengthened mechanism for conflict- prevention was essential if the OAU was to tackle effectively the problems

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that existed in areas such as the Great Lakes region, Somalia, Liberia, Sudan and Angola. The OAU's efforts in the field of preventive diplomacy also needed the help of the international community. With such support, an early warning system to predict conflict situations could be developed. Support should come in the form of technical assistance and in training programmes. The capacity of OAU members to participate in peacemaking and peace-keeping operations must be developed, as well the OAU's means of fostering peaceful transition to democracy.

JACOB B. WILMOT (Ghana), Acting President of the Assembly, announced that action on the draft on cooperation with the OAU would be taken at a later date.

Cooperation with the Economic Cooperation Organization

AKSOLTAN T. ATAEVA (Turkmenistan) introduced the draft resolution on cooperation between the United Nations and the Economic Cooperation Organization. She said that the organization had strengthened its international mechanisms and expanded its cooperation with international organizations such as the United Nations and its specialized agencies. The draft before the Assembly reflected the trends of cooperation between the two organizations and well as emphasizing the goals of increased collaboration.

The General Assembly then adopted the resolution on cooperation between the United Nations and the Economic Cooperation Organization, without a vote.

Elimination of coercive economic measures

MOHAMED A. AZWAI (Libya), introducing the draft resolution on the elimination of coercive economic measures, recalled that the Assembly had adopted a number of resolutions expressing its grave concern at the harmful effects suffered by the economies of developing countries as a result of such measures. By those resolutions, the Assembly appealed to the international community to put an end to the use of coercive economic measures against developing countries, but such measures had subsisted in practice. In 1996, the United States enacted laws punishing non-American companies investing more than $40 million to develop petroleum resources in either Libya or Iran.

Those laws, he said, had caused "an international wave of surprise", he continued. They run counter to the principles of the Charter of the United Nations, the principle of international law and the Charter of the Economic Rights and Duties of States. International efforts aimed at liberalizing world trade were impeded and the economies of developing countries gravely hurt. Those laws reflected "extreme selfishness" on the part of the United States administration which, having safeguarded its economic interests following the Gulf War, wanted to deprive western and other countries of the remaining important markets in the Middle East.

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The United States had circulated a paper full of misconceptions to justify its request to delegations not to support the draft resolution, he continued. It claimed that it wished to pressure Libya to respond the Security Council resolutions, including the call on Libya to surrender for trial the two Libyan citizens suspected of involvement in the bombing of the Pan Am flight, and to help deprive both Libya and Iran from a source of income that could be used to finance international terrorism. Libya, he said, had never objected to the trial of the two persons suspected in the explosion over Lockerbie. However, the United States and the United Kingdom, both parties to the 1971 Montreal Convention, had impeded the trial. The Security Council should be given a chance to discuss the initiative of the League of Arab States for trying the two suspects.

He said Libya's hand was extended for cooperation in combating terrorism, since Libya itself had been a victim of it. If the United States believed Libya was manufacturing weapons of mass destruction, then the Security Council should establish a commission to inspect all the countries of the region, including Israel, and to destroy in a non-discriminatory manner any kind of arms of mass destruction that they found.

"We have no hostility towards the United States or its people", he went on. "It is the other way around. We did not use bombers to attack American cities and never killed defenceless civilians in their sleep", he added. It was the United States that bombed Tripoli and Benghazi in 1996. He said Libya was not in confrontation with the international community, even in the Lockerbie incident. It had carried out all the requirements of Security Council resolution 731 (1992). All that remained was the trial of the two suspects, and Libya's position had received the support of the League of Arab States, the OAU, the Non-Aligned Movement, the Organization of the Islamic Conference and a majority of the members of the Security Council. The laws enacted by the United States were a grave mistake and should be corrected.

YURI BOHAYEVSKY (Ukraine) said resort to unilateral measures of economic compulsion, not sanctioned by the world community, remained in the political arsenals of some States which used those measures to influence international affairs. Problems relating to that situation were not only experienced by developing countries, but also by new sovereign States experiencing the complications of transition to self determination. That process was accompanied by objective economic difficulties caused by the specifics of the transition to market-based economies. Such policies had no prospects and threatened peace and stability of relevant countries, as well as their regions. Ukraine called for the unconditional and complete exclusion of measures of economic compulsion from States' foreign policy arsenals.

KAMAL KHARRAZI (Iran) said the adoption of coercive economic measures fell only within the mandate of the United Nations, particularly in situations which might threaten international peace and security. The Assembly had

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determined that unilateral coercive measures violated the principle of non- interference in the international and external affairs of other States, as well as States' sovereignty. The General Assembly had denounced, on various occasions, unilateral economic coercion as means of achieving political goals.

He said the imposition of coercive economic measures, and the approval of domestic legislation for the escalation of actions with extra-territorial implications, contradicted established international trade laws, including those under the World Trade Organization. The United States had imposed various forms of economic coercive measures against 79 foreign countries between 1979 and 1992. The enactment by the United States of new laws which contravened the principle of territoriality of national laws significantly affected the sovereignty of other States; recent unilateral actions by the United States against third parties doing business with Cuba, Libya and Iran were the most prominent in that category.

Formal sanctions had been imposed and re-imposed by the United States on Iran during the past two decades, he went on. During that period, Iran's efforts at promoting peace and security in the region while enhancing economic and social development had faced overt and covert sabotage by the United States. Fortunately, the international community had demonstrated its responsibility and soberness by standing firm against the extra-territorial application of domestic United States legislation. Both the "Group of 77" developing countries and the Non-Aligned Movement had called for the immediate elimination of all forms of coercive economic measures, as had the Organization of the Islamic Conference. While Iran believed that the draft resolution before the Assembly could be improved substantially, it called upon Member States to adopt it unanimously. Such action would demonstrate the commitment of the international community to realize the goals and principles of the Charter.

SAEED H. HASAN (Iraq) said the increased use of coercive economic measures had led to an increase in tensions in economic international relations, which presented a threat to international peace. According to the Charter, the Assembly must promote economic international cooperation, while promoting respect for human rights and fundamental freedoms. Thus, when confronted by affronts to such principles, the Assembly must study means of redressing violations. By now it was clear that coercive economic measures could not convince people to give up their right to make their own choices. The results, instead, had been the suffering of civilians, the halt of economic development programmes and economic and political instability.

Attempts to impose multilateral sanctions upon States were also being made by some as a means of imposing coercive economic measures, he said. Contradictory trends had emerged, with the international community attempting to ensure the primacy of law, while a minority of States thought themselves to be above the law. That minority did not hesitate to use any means to achieve

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its goal. The majority must tell the minority that such actions were not acceptable. His Government would vote in favour of the draft.

PEDRO NUNEZ MOSQUERA (Cuba) said the application of the kind of measures referred to in the draft resolution presented by Libya not only worked in opposition to the political, economic and cultural well-being of affected States; they also influenced the enjoyment of human rights of the people suffering the effects of such unilateral policies. The United Nations Commission on Human Rights had determined that the application of unilateral coercive economic measures had had a negative impact on socio-humanitarian indicator in developing countries and prevented the people from fully enjoying their rights.

Member States should be deeply concerned by the continued application of such measures by some members, he said. Concern should be heightened due to the appearance of a new set of coercive economic measures from that same Member State, aimed not only at the affected country's political and economic stability, but against the sovereignty of third States.

Explanation of vote

MICHAEL HOEY (Ireland), for the European Union, said the Union wished to reiterate its rejection of any attempt to apply national legislation on an extraterritorial basis. It rejected attempts to coerce other countries. Coercive economic measures could be imposed on States only by, and under the authority of, the Security Council. Legislation which provided for legal sanctions outside its national jurisdiction, including provisions to discourage investing in specific countries, violated international law and the sovereignty of individual States. The European Union must, however, make "a firm and unmistakable distinction" between coercive economic measures imposed unilaterally and those under authority of the Security Council and in conformity of the Charter. The European Union had concluded, he said in closing, that it was unable to support the draft resolution and would abstain.

HUSEYIN E. CELEM (Turkey) said its vote on the resolution was not related in any way to any position or policy adopted or pursued by the country presenting it. The vote of Turkey should not be construed as expressing any approval or endorsement of such position or policy of the country submitting the resolution before the General Assembly. Turkey was basing its vote on its opposition to the practice of extra-territoriality, in other words the practice of any country to extend the application of its own legislation outside the area of its jurisdiction. That ran counter to international law, and had a negative impact on the economic interests of third countries and the free flow of international trade.

EDWARD W. GNEHM JR. (United States) said the Government of Libya, which for years had victimized others with its financial and material support for

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international terrorism, now came before the Assembly seeking to portray itself as a victim of international sanctions. Clearly, its aim was to decrease the pressure brought to bear upon it by the community of nations for its unacceptable behaviour. It was necessary to keep that broader context in mind before considering the draft resolution.

Libya, he continued, would have Member States believe that the draft was about free trade and the right of States to choose their own models of economic developments. "It is not", he said. "It is aimed at distracting attention from Libya's obstinate refusal to comply with its obligations under Security Council resolutions imposed because of Libya's involvement in two terrorist bombing of civilian aircraft, Pan Am 103 and UTA 772, and its support for international terrorism."

By introducing the draft resolution, he said, Libya sought to break out of the international isolation imposed by the world community and lend some legitimacy to its campaign to end terrorism-related sanctions. Those sanctions, reviewed most recently last week, had been left in place without change throughout fourteen consecutive reviews. Libya should not be encouraged to believe that anything less than full compliance with Security Council resolutions could end its confrontation with the international community. "We believe it would be wrong for the General Assembly to reward Libya's continuing defiance of the United Nations by supporting this resolution", he said, and announced that United States would vote against it.

The Assembly adopted the draft resolution on coercive economic measures by a vote of 56 in favour to four against (Israel, United States, Federated States of Micronesia, Uzbekistan) with 76 abstentions (See Annex.)

Explanation of Vote After the Vote

GENEVIEVE HAMILTON (Australia) said her delegation had abstained because the text had failed to distinguish between unilateral measures and measures taken by the Security Council. She noted that Australia had in the past made clear its opposition to unilateral coercive economic measures.

MICHAEL POWLES (New Zealand) said he wished to reiterate his Government's long-standing opposition to the extraterritorial application of national law. New Zealand opposed any attempt to restrict the trade or investment of third parties. However, New Zealand could not accept an attempt by a Member State to challenge in the Assembly sanctions imposed upon it by the Council. The resolution did not make a distinction between such measures and for that reason New Zealand had abstained from the vote. RALPH JANSEN (Canada) said his country had always stood against measures with extra-territorial affect. However, the resolution had failed to make clear the difference between coercive unilateral actions and those taken by the Security Council and in line with Charter, so he had abstained.

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MOSES MATHENDELE DLAMINI (Swaziland) said that while Swaziland did not condone any actions taken by a State to coerce another, the current situation called for a policy of goodwill. When a young brother was being hit by a middle brother, the younger had the right to seek aid from their eldest brother. However, that did not mean that the elder brother had the right to kick the middle brother in the buttocks. When certain parties had an issue of contention between them, the international community must serve as arbitrator. The issue at hand was to find a way for nations to live as brothers. Swaziland had abstained.

OSCAR DE ROJAS (Venezuela) said his Government had voted in favour of the resolution because it agreed with the main elements it contained. However, a reference should have been contained in the operative part of the draft referring efforts to promote friendly relations between States.

JEAN-BAPTISTE HAJAYANDI (Burundi), explaining his vote in favour, said Burundi was against any measure that unjustly affected the population of any States. Burundi was suffering from an economic blockade under pretexts relating to its domestic policies at the same time his Government was attempting to find democratic stability. The noble goals of peace would not be obtained by sabotaging Burundi economically.

(Annex follows)

General Assembly Plenary - 15 - Press Release GA/9177 67th Meeting (AM) 27 November 1996

ANNEX

Vote on Elimination of Coercive Economic Measures

The draft resolution on the elimination of coercive economic measures as a means of political and economic compulsion (document A/51/L.23) was adopted by a recorded vote of 56 in favour to 4 against, with 76 abstentions, as follows:

In favour: Afghanistan, Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cambodia, Cameroon, China, Colombia, Comoros, Cuba, Democratic People's Republic of Korea, Djibouti, Egypt, Ghana, Guinea, Guinea- Bissau, Guyana, India, Indonesia, Iran, Jordan, Lao People's Democratic Republic, Lebanon, Libya, Madagascar, Malawi, Malaysia, Mali, Mauritania, Mexico, Morocco, Mozambique, Myanmar, Namibia, Niger, Oman, Pakistan, Russian Federation, San Marino, Singapore, Sri Lanka, Sudan, Syria, Thailand, Tunisia, Turkey, Uganda, United Republic of Tanzania, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.

Against: Federated States of Micronesia, Israel, United States, Uzbekistan.

Abstaining: Albania, Andorra, Argentina, Armenia, Australia, Austria, Barbados, Belarus, Belgium, Belize, Bhutan, Bolivia, Bosnia and Herzegovina, Brazil, Brunei Darussalam, Bulgaria, Canada, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Equatorial Guinea, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Hungary, Ireland, Italy, Jamaica, Japan, Kazakstan, Kenya, Kyrgyz Republic, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Marshall Islands, Mauritius, Monaco, Mongolia, Nepal, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Samoa, Sierra Leone, Slovakia, Slovenia, Solomon Islands, Spain, Suriname, Swaziland, Sweden, Tajikistan, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Ukraine, United Kingdom.

Absent: Antigua and Barbuda, Azerbaijan, Bahamas, Bahrain, Bangladesh, Cape Verde, Chad, Congo, Cote d'Ivoire, Dominica, Dominican Republic, El Salvador, Eritrea, Ethiopia, Gabon, Gambia, Grenada, Guatemala, Haiti, Honduras, Iceland, Kuwait, Lesotho, Liberia, Maldives, Nicaragua, Nigeria, Palau, Papua New Guinea, Philippines, Qatar, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, South Africa, Turkmenistan, United Arab Emirates, Uruguay, Vanuatu, Zaire.

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