STATES CALLED ON TO REVOKE UNILATERAL COERCIVE MEASURES IN THIRD COMMITTEE APPROVED TEXT (54-44-49)

27 November 1996

Press Release
GA/SHC/3406

STATES CALLED ON TO REVOKE UNILATERAL COERCIVE MEASURES IN THIRD COMMITTEE APPROVED TEXT (54-44-49)

19961127 Among Other Drafts Approved, Action Taken On Human Rights in Kosovo (102-3-45) and Cuba (59-26-71), Culture of Peace

The General Assembly would call on Member States to revoke unilateral coercive measures which created obstacles to trade and which were not in accordance with international law and the United Nations Charter, according to the terms of a draft resolution approved this morning by the Third Committee (Social, Humanitarian and Cultural). The text was approved by a recorded vote of 54 in favour, to 44 against with 49 abstentions. (See Annex I.)

The Assembly would reject the use of such measures as tools for political or economic pressure against any country, particularly developing ones, because of the negative effects on populations, including women, children and the elderly.

The representative of the United States said the draft resolution provided a pretext for countries to ignore the human rights of their citizens by placing responsibility on external factors. Ireland, speaking on behalf of the European Union, reiterated its rejection of attempts to apply national legislation on an extraterritorial basis. However, it had voted against the text because a similar one was being considered by the Plenary.

The Committee approved a draft resolution demanding that the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) immediately end human rights violations against the ethnic Albanian population in Kosovo, by a recorded vote of 102 in favour to three against (Russian Federation, India, Saint Lucia) with 45 abstentions. (See Annex II.)

The text also demands that the authorities release political prisoners and stop the persecution of political leaders and members of human rights organizations; allow genuine democratic institutions, the reopening of educational, cultural and scientific institutions of ethnic Albania; and, pursue constructive dialogue with representatives of ethnic Albanians.

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By a recorded vote of 59 in favour to 26 against with 71 abstentions, the Committee approved a draft resolution calling on the Cuban Government to release people detained for political activities, including those mentioned in the Special Rapporteur's report. Cuba would also be called on to cooperate with the Special Rapporteur and carry out his recommendations to bring its observance of human rights and fundamental freedoms into conformity with international standards and applicable international human rights instruments. (See Annex III.)

The Assembly would deplore the continued violations of human rights in Myanmar and ask the Government to permit unrestricted communication access to Nobel Peace Prize Laureate Aung San Suu Kyi and other political leaders, according to the terms of a draft resolution approved without a vote. It would strongly urge the Government to allow citizens to participate freely in the political process and accelerate the transition to democracy, particularly through the transfer of power to democratically elected representatives.

Also this morning the Committee approved a draft resolution which requests the Secretary-General, in coordination with the Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO), to report to the Assembly's fifty-second session on the educational activities of the transdisciplinary project titled, "Towards a Culture of Peace", including the preparation of a draft provisional declaration and programme of action. Several delegations asked that the topic be considered under a separate agenda item next year.

The Assembly would request the Secretary-General to consult with Member States, intergovernmental organizations and non-governmental organizations on how to improve international cooperation to ensure the principles of non- selectivity, impartiality and objectivity, and to present a comprehensive report on the issue to the Assembly's fifty-third session by the terms of another draft approved without a vote.

Finally this morning, the Committee approved draft resolutions on the human rights situation in Cambodia, the comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action and regional arrangements for the promotion and protection of human rights -- all without a vote.

The Committee will meet again this afternoon at 3 p.m. to continue its action on remaining draft resolutions.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this morning to take action on the following draft resolutions on human rights questions.

A draft resolution on the situation of human rights in Cambodia (document A/C/.3/51/L.56) would have the Assembly call on the Cambodian Government to investigate cases of violence and intimidation directed at minor political parties and their supporters, as well as media personnel and offices, and bring those guilty to justice; to ensure fair access to government television and radio regardless of political affiliation and ensure the people of Cambodia have access to a variety of information especially in the lead-up to the elections.

Expressing grave concern about serious human rights violations detailed in the report of the Special Rapporteur for human rights in Cambodia, the Assembly would also call on the Government to ensure full observance of human rights for all persons within its jurisdiction in accordance with international covenants. It would urge the Government to give priority attention to combating child prostitution and trafficking and work with the Centre for Human Rights and non-governmental organizations to develop a national action plan.

The draft resolution is sponsored by Andorra, Australia, Austria, Belgium, Canada, Finland, France, Greece, Ireland, Israel, Italy, Japan, Morocco, Netherlands, New Zealand, Norway, Spain, Sweden and the United Kingdom.

A draft resolution on the situation on human rights in Kosovo (document A/C.3/51/L.59), would have the Assembly demand that the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) immediately end human rights violations against the ethnic Albanian population in Kosovo, particularly discriminatory measures and practices, arbitrary searches and detention, violation of the right to a fair trial, and torture, and to revoke discriminatory legislation. It would also demand that the authorities release political prisoners and stop the persecution of political leaders and members of human rights organizations; allow the establishment of genuine democratic institutions, including parliament and the judiciary; allow the reopening of educational, cultural and scientific institutions of ethnic Albania; and, pursue constructive dialogue with representatives of ethnic Albanians.

The draft resolution is sponsored by Afghanistan, Albania, Andorra, Bosnia and Herzegovina, Canada, Chile, Costa Rica, Djibouti, Iceland, Jordan, Kuwait, Kyrgyzstan, Malaysia, Morocco, Pakistan, Qatar, San Marino, Saudi Arabia, Senegal, Tunisia, Turkey, United Arab Emirates and the United States.

By the terms of a draft resolution on the culture of peace (document A/C.3/51/L.60), the Assembly would call for the promotion of a culture of peace based on the principles established in the Charter, respect for human

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rights, democracy, tolerance, dialogue, cultural diversity and reconciliation, and efforts to promote development, education for peace, the free flow of information and the wider participation of women, as an integral approach to prevent violence and conflicts and to contribute to the creation of conditions for peace. It would also request the Secretary-General, in coordination with the Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO), to report to the Assembly's fifty-second session on progress of educational activities of the transdisciplinary project entitled "Towards a culture of peace", including the preparation of elements for a draft provisional declaration and programme of action on a culture of peace.

The draft resolution is sponsored by Afghanistan, Angola, Argentina, Barbados, Bolivia, Brazil, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Chile, Colombia, Congo, Costa Rica, Cote d'Ivoire, Croatia, Cuba, Dominican Republic, Ecuador, El Salvador, Equatorial Guinea, Ethiopia, France, Georgia, Ghana, Guatemala, Guinea, Guinea-Bissau, Haiti, Honduras, Ireland, Israel, Jordan, Kenya, Kyrgyzstan, Malta, Marshall Islands, Mauritius, Republic of Moldova, Monaco, Morocco, Mozambique, Namibia, Nicaragua, Niger, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Russian Federation, Samoa, Senegal, Sierra Leone, Slovenia, South Africa, Spain, Suriname, Togo, Tunisia, Turkey, Uruguay, Venezuela and The former Yugoslav Republic of Macedonia.

A draft resolution on the situation of human rights in the Sudan (document A/C.3/51/L.61) would have the Assembly call on the Sudanese Government to comply with applicable international human rights instruments to which the country is a party, particularly the International Covenants on Human Rights, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child, the Slavery Convention of 1926, as amended, and the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery of 1956. It would call on Sudan to ensure all individuals in its territory and those subject to its jurisdiction, including members of all religious and ethnic groups, enjoy fully the rights recognized in those instruments.

By the text Sudan would also be called on to halt the use of weapons against the civilian population and protect all civilians, including women, children and members of ethnic and religious minorities, from such violations as forcible displacement, arbitrary detention, ill-treatment, torture and summary executions. It would deplore the consequences for innocent civilians of the use of land-mines by the Government and rebel forces alike.

The draft resolution is sponsored by Andorra, Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan,

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Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, Romania, Spain, Sweden, United Kingdom, United States and The former Yugoslav Republic of Macedonia.

A draft resolution on regional arrangements for the promotion and protection of human rights (document A/C.3/51/L.62) would have the Assembly request the Secretary-General to continue to strengthen exchanges between the United Nations and regional intergovernmental organizations dealing with human rights. It would also invite States in areas where regional arrangements in the field of human rights do not yet exist to consider concluding agreements to establish within their respective regions suitable regional machinery for the promotion and protection of human rights.

The draft resolution is sponsored by Argentina, Armenia, Austria, Belarus, Belgium, Brazil, Canada, Costa Rica, Czech Republic, Germany, Greece, Guatemala, Hungary, Israel, Italy, Japan, Lithuania, Malta, Philippines, Portugal, Republic of Korea, Romania, Slovenia, Spain, Togo and Venezuela.

By the terms of a draft resolution on the situation of human rights in Cuba (document A/C.3/51/L.63), the Assembly would especially call on the Cuban Government to release the numerous persons detained for political activities, including those specifically mentioned in the Special Rapporteur's report, who suffer from inadequate medical care while imprisoned or whose rights as journalists or jurists are impeded or denied. It would also call on the Cuban Government to carry out the recommendations in the Special Rapporteur's interim report to bring its observance of human rights and fundamental freedoms into conformity with international standards and applicable international human rights instruments, to end all violations of human rights including the detention and imprisonment of human rights defenders and others who are engaged in the peaceful exercise of their rights, and to grant access to its prisons to non-governmental humanitarian organizations and international humanitarian agencies.

The Assembly would also call on the Government to cooperate fully with the Special Rapporteur by permitting him full and free access to establish contact with the Government and the citizens of Cuba so that he may fulfil the mandate entrusted to him.

The draft resolution is sponsored by Australia, Austria, Belgium, Bulgaria, Canada, Costa Rica, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Luxembourg, Marshall Islands, Republic of Moldova, Monaco, Netherlands, Norway, Portugal, Romania, San Marino, Slovenia, Spain, Sweden, United Kingdom, United States, Uzbekistan and The former Yugoslav Republic of Macedonia.

By the terms of a draft resolution on human rights and unilateral coercive measures (document A/C.3/51/L.65), the Assembly would call on Member

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States that have initiated unilateral measures not in accordance with international law and the Charter of the United Nations, particularly those of a coercive nature which create obstacles to trade relations among States, to commit themselves to their obligations and responsibilities arising from the international human rights instruments to which they are party and revoke such measures at the earliest possible time. It would also request States to notify the Secretary-General about the implications and negative effects of such measures on their populations.

The draft resolution is sponsored by Afghanistan, China, Cuba, Democratic People's Republic of Korea, Iran, Iraq and Libya.

A draft resolution on the rape and abuse of women in the areas of armed conflict in the former Yugoslavia (document A/C.3/51/L.66) would have the Assembly express outrage that the deliberate and systematic practice of rape has been used as a weapon of war and an instrument of ethnic cleansing against women and children in Bosnia and Herzegovina. It would call on States to put experts, as well as adequate resources and services at the disposal of the International Criminal Tribunal for the Former Yugoslavia.

The Assembly would demand that the parties cooperate fully with the International Committee of the Red Cross (ICRC), the United Nations High Commissioner for Human Rights, the Special Rapporteur, the United Nations High Commissioner for Refugees (UNHCR) and monitoring and other missions of the European Union and the Organization for Security and Cooperation in Europe (OSCE) by providing full access.

The draft resolution is sponsored by Afghanistan, Albania, Algeria, Andorra, Australia, Bangladesh, Bolivia, Bosnia and Herzegovina, Brunei Darussalam, Burundi, Chile, Czech Republic, Costa Rica, Guyana, Iceland, Japan, Jordan, Liechtenstein, Malaysia, Malta, Monaco, Morocco, Nepal, New Zealand, Oman, Pakistan, Qatar, Republic of Korea, San Marino, Saudi Arabia, Senegal, Singapore, Slovenia, Solomon Islands, Tunisia, Turkey, United Arab Emirates, United States, Uruguay, Yemen and The former Yugoslav Republic of Macedonia.

By the terms of a draft resolution on the comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action (document A/C.3/51/L.67), the Assembly would call on all States to take further action to fully realize all human rights in light of the recommendations of the World Conference on Human Rights (Vienna, 1993). It would also request the High Commissioner for Human Rights to continue to coordinate human rights promotion and protection activities throughout the United Nations system and to report on the measures taken and progress achieved in the comprehensive implementation of the Vienna Declaration and Programme of Action, particularly concerning the preparation of the 1998 five-year review. The High Commissioner and other United Nations organs and bodies would also be

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requested to take further action to fully implement all the recommendations of the Conference.

The draft resolution is sponsored by Afghanistan, Albania, Angola, Argentina, Armenia, Australia, Austria, Bangladesh, Barbados, Belarus, Belgium, Belize, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Cape Verde, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, El Salvador, Ethiopia, Federated States of Micronesia, Namibia, Fiji, Finland, France, Germany, Greece, Guatemala, Guyana, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Kenya, Latvia, Liechtenstein, Luxembourg, Malta, Marshall Islands, Nepal, New Zealand, Norway, Pakistan, Panama, Papua New Guinea, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Samoa, San Marino, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Suriname, Sweden, The former Yugoslav Republic of Macedonia, Turkey, Ukraine, Venezuela and Zambia.

According to a draft resolution on the human rights situation in Myanmar (document A/C.3/51/L.69), the Assembly would deplore the continued violations of human rights there and ask the Government to permit unrestricted communication with and physical access to Nobel Peace Prize Laureate Aung San Suu Kyi and other political leaders by members and supporters of the National League for Democracy and to protect their physical well-being; it would strongly urge the Government to release, immediately and unconditionally, detained political prisoners; and urge it to engage, at the earliest possible date, a substantive dialogue with Aung San Suu Kyi and other political leaders, including representatives of ethnic groups as the best way to promote national reconciliation and full restoration of democracy.

The Assembly would strongly urge the Government to allow citizens to participate freely in the political process and accelerate the transition to democracy, particularly through the transfer of power to democratically elected representatives. The Government would also be strongly urged to put an end to violations of the right to life, integrity of the human being, torture, abuse of women, forced labour, forced relocations and enforced disappearances and summary executions.

The Assembly would call on the Government and other parties to hostilities in the country to respect international humanitarian law, to halt the use of weapons against the civilian population and protect all civilians, including women, children and persons belonging to ethnic or religious minorities, from violations of humanitarian law, and to avail itself of the services offered by impartial humanitarian bodies. It would ask the Secretary-General to continue his discussions with the Government of Myanmar in order to help implement the current resolution.

The draft resolution is sponsored by Andorra, Argentina, Austria, Belgium, Bulgaria, Chile, Czech Republic, France, Germany, Greece, Hungary,

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Iceland, Italy, Liechtenstein, Luxembourg, Poland, Portugal, Republic of Moldova, Romania, San Marino, South Africa, Spain, Sweden, and the United States.

A draft resolution on strengthening of United Nations action in the human rights field through the promotion of international cooperation and the importance of non-selectivity, impartiality and objectivity (document A/C.3/51/L.71) would have the Assembly call on Member States to base their promotion and protection of human rights, including the development of further cooperation in the field, on the Charter, the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights and other international instruments and to refrain from activities which are inconsistent with that international framework.

The Assembly would request the Secretary-General to consult Member States, intergovernmental organizations and non-governmental organizations on how to improve international cooperation to ensure the principles of non- selectivity, impartiality and objectivity, and to present a comprehensive report on the issue to the Assembly's fifty-third session.

The draft resolution is sponsored by Afghanistan, Algeria, Angola, Bangladesh, Burundi, China, Colombia, Cuba, Democratic People's Republic of Korea, Egypt, El Salvador, Ghana, Guinea-Bissau, Indonesia, Iran, Iraq, Kenya, Lao People's Democratic Republic, Lesotho, Libya, Malaysia, Mexico, Mozambique, Myanmar, Namibia, Nigeria, Pakistan, Peru, Rwanda, Sudan, Syria, Togo, Uganda, United Republic of Tanzania, Viet Nam, Zambia and Zimbabwe.

Action on Draft Resolutions

The Committee first took action on a draft resolution on the situation of human rights in Cambodia

The representative of Australia said Iceland and Thailand had been added to the list of co-sponsors. Denmark, Poland, Costa Rica, Luxembourg, Portugal and Germany asked to be co-sponsors as well.

The Committee then approved the draft resolution without a vote.

The Committee Secretary read out the following revision to a draft resolution on the culture of peace:

-- the words of "Culture of Peace" should be written with capital letters wherever they appear in the text.

Sudan, Fiji, Mali and Guyana asked to be added to the list of co-sponsors.

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The Committee then approved the draft resolution, as orally amended, without a vote.

Explanation of Position

The representative of the Philippines said her Government was the first to sign as a co-sponsor and had taken an active part in the development of the concept of a Culture of Peace. It had understood that the Culture of Peace was based on principles enshrined in the United Nations Charter. The Culture of Peace sought to promote development, education, the free flow of information and the increased participation of women. The Culture of Peace was an advanced, multidisciplinary project comprising unity and diversity, human rights and development and many other things. It was unfortunate that the contents of the resolution had been compromised in the name of consensus. It should be considered as a separate agenda item in the General Assembly's fifty-second session.

The representative of Senegal said the resolution would contribute to peace and understanding between peoples. Culture of Peace goes well beyond human rights. He agreed with the representative of the Philippines that it should be considered as a separate agenda item in the General Assembly's fifty-second session.

The representative of Bangladesh said his Government concurred wholeheartedly with the statement of the Philippines. The Culture of Peace was much broader, transdisciplinary and went beyond the work of the Committee and should therefore be considered a separate agenda item at the next session of the Plenary. As part of the consensus, the operative paragraph regarding the request for a separate agenda item had disappeared. In the future, it should be possible to work out an arrangement where the subject would be taken up as a separate item on the Assembly agenda. It was important that States work together to ensure the item was given the attention it deserved.

The representative of Costa Rica said her Government was honoured to co- sponsor the resolution. The goal of the Culture of Peace was the achievement of a true culture of peace in the world, and therefore it fell within the work of the Committee. She agreed with the statement made by Bangladesh and believed that the Culture of Peace should be the only title for the draft and it should be considered as a separate agenda item.

The representative of Peru said his Government did not address the substance of the issue because its position was very well known. It understood that this item should be dealt with duly within the restructuring

of the United Nations. In the restructuring of the United Nations system there should not be any substantive contradictions or dropping of important

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projects.

The representative of Morocco said the Culture of Peace should be included as a separate agenda item.

The representative of Guatemala said he would like to highlight the importance of a Culture of Peace. It was a broad concept, and there should be considerable discussion of the item in the future.

The Committee then took action on a draft resolution on regional arrangements for the promotion and protection of human rights.

The Committee Secretary read out the following amendment to the draft resolution:

-- operative paragraph 2, line 2, the words "and the" should be replaced with a slash. This amendment should also be made in operative paragraphs 3 and 6.

The representative of Belgium said that consultations had been held on a specific paragraph and made the following amendment to the draft resolution:

-- operative paragraph 3, lines 8 to 10, delete the phrase "inviting States that have not yet done so to submit instruments of ratification, adhesion or succession to the principal international human rights bodies" and replace it with "and at identifying obstacles to ratification of the principal international human rights treaties and strategies to overcome them".

The Committee then approved the draft resolution, as orally amended, without a vote.

The Committee Secretary then read out the following revision to a draft resolution on human rights and unilateral coercive measures:

-- operative paragraph 2, line 4, replace the words "inter alia" with "in particular".

The representative of Iran read out the following amendments to the draft resolution:

-- eighth preambular paragraph, line 5, delete the word "negative";

-- operative paragraph 2, line 1, insert the word "unilateral" between "Rejects" and "coercive"; delete the word "extraterritorial"; and insert "with all its extraterritorial effects" between "measures" and "as tools".

The representative of Iran then said the underlying reason for the

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introduction of the resolution stemmed from the devastating impacts and negative implications of unilateral coercive measures on the enjoyment of all human rights by the people of an increasing number of developing countries. The United Nations could no longer afford to be indifferent and silent regarding the systematic violation of economic, social and cultural rights of the people of developing countries due to the application of unilateral coercive measures.

The representative of Ireland, speaking on behalf of the European Union, said it would like to reiterate its rejection of attempts to apply national legislation on an extraterritorial basis. As a text along similar lines was already under consideration in the Plenary, the European Union considered the text in the Third Committee to be unnecessary. The Union made a firm and unmistakable distinction between measures imposed unilaterally by individual States and those which were undertaken with the full authority of the Security Council and in conformity with the Charter of the United Nations. For these reasons, the European Union would vote against the resolution.

The representative of Albania said it reserved the right to state its position on the draft resolution in the Plenary.

The representative of the United States said her Government opposed the resolution because it provided countries with a pretext to ignore the human rights of their citizens by placing responsibility on external factors. There were several inaccuracies and misquotations in the draft resolution, including operative paragraphs 5 and 6 in which matters concerning trade and economics are placed within the mandate of the High Commissioner for Human Rights.

The Committee then approved the draft resolution, as orally amended, by vote of 54 in favour, 44 against, with 49 abstentions.

The representative of the Philippines said she had abstained from voting because, while her Government was sympathetic to the thrust of the resolution, a more extensive study should have been made on the similarities between the resolution and the resolution in the General Assembly. The Philippines had a strong stand against duplicate efforts in the United Nations system.

Uruguay said it reserved the right to explain its vote in the Plenary.

The Committee took up the draft resolution on strengthening of United Nations action in the human rights field through the promotion of international cooperation and the importance of non-selectivity, impartiality and objectivity.

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The representative of Cuba read out the following changes to the text:

-- A new preambular paragraph 2 (bis) would read "Considering that this international cooperation must be based on principles enshrined in international law, in particular on the Charter of the United Nations, as well as in international human rights law, covenants and other relevant international instruments";

-- In operative paragraph 11, the lines "improve international cooperation to ensure" should be replaced with "strengthen United Nations action in the human rights field including encouraging international cooperation and the importance of".

India, Gambia, Costa Rica, Yemen, Ecuador, Bolivia, Congo, Botswana and Niger joined the list of co-sponsors.

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

It then took action on a draft resolution on the situation on human rights in Kosovo.

The Committee Secretary read out the following corrections to the text:

-- In the third line of the fifth preambular paragraph, delete the words "at its fifty-second session;" and, after the word "and", insert "the resolution of"; in the last line insert "adopted" after the word "Minorities";

-- In the last line of operative paragraph 2 (e), replace the word "in" with the word "of".

The representative of Albania said Liechtenstein and Croatia joined the list of co-sponsors. Costa Rica and Djibouti also became co-sponsors.

The representative of Ghana said the Commission on Human Rights had approved a resolution on the former Yugoslavia which covered the situation in Kosovo. He was not very happy about how the human rights situation in the former Yugoslavia had been dealt with by the Committee. The fact that 10 agenda items had only 28 draft resolutions showed the Committee's efficiency efforts. The current text on Kosovo could have been dealt with differently.

The representative of Greece said the rights of minorities should be fully respected in accordance with international human rights instruments. The promotion and safeguarding of the rights of minorities should not be used as a way to promote secessionist ambitions or challenge international borders as it could destabilize regions. Greece would support the draft resolution.

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The Russian Federation asked for a recorded vote on the text.

Albania said he understood the voting procedure had already started.

Committee Chairperson, PATRICIA ESPINOSA (Mexico) said she was following accepted procedure in allowing delegates to make statements before the vote. Delegates had the right to ask for a recorded vote.

Explanation of Vote

The representative of Peru said it would abstain in the vote. The appropriate way to deal with the matter would be to refer to General Assembly resolution 48/159 on the situation in Kosovo.

The Committee then approved the draft resolution, as orally amended, by a recorded vote of 102 in favour to 3 against (Russian Federation, Saint Lucia and India) with 45 abstentions.

The representative of the Russian Federation said he had voted against the draft resolution because the tabling of a draft on the territorial pertinence of independent States violated United Nations principles. He was troubled because the omnibus draft on the former Yugoslavia referred to the situation in Kosovo and could have included similar provisions to the ones in the current text.

The representative of Ireland, speaking on behalf of the European Union, said it supported the text but was not a co-sponsor because it believed it should have been included in the general resolution on the former Yugoslavia and hoped it would next year.

India said it reserved its right to make a statement on the matter in the General Assembly.

The representative of Venezuela said he did not vote in favour of the draft resolution because it did not take into account social and political progress by the Federal Republic of Yugoslavia (Serbia and Montenegro).

The matter should be dealt with in a comprehensive manner within the framework of the omnibus resolution.

Brazil said it had voted in favour of the draft resolution but was encouraged by some positive developments over the last 12 months by the Federal Republic of Yugoslavia, including the establishment of a human rights office in Belgrade and its cooperation with the Special Rapporteur on human rights in the country.

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The representative of Saint Lucia asked that his delegation be recorded as abstaining in the vote, not in favour of it.

China said it would speak on the matter in the Assembly.

The representative of Bulgaria said he had abstained in the vote although his Government shared the main concerns expressed in the draft resolution. It would have supported those provisions if they had been included in the omnibus draft resolution rather than singling out regions within a country's territory. The adoption of consolidated texts would contribute to the rationalization of the Committee's work.

Egypt said it reserved its right to speak on the matter in the Assembly.

Philippines also said it wanted to reserve its right to speak in the Assembly.

The Committee then took action on a draft resolution on the human rights situation in Cuba.

The representative of Iraq said his country was under Security Council sanctions and therefore could not vote on the matter, but it would have voted against the draft resolution.

The representative of Cuba said, once again, the United States had imposed on the Committee a vote which was part of its hostile attitude towards his country. Brutal pressure and blackmail might be able to hamper the free exercise to vote in the United Nations but could not prevent the truth from emerging. He did not understand the United States' claim that the draft resolution had broad sponsorship. There were those with an attitude of extreme fundamentalism who tried to be judges of mankind, but did not see faults in themselves. Besides Uzbekistan, the draft resolution was primarily being sponsored by the countries of the North. Costa Rica and El Salvador were the only other countries of the third world who were sponsoring it. Perhaps Costa Rica's position was linked to its desire to lead the "Group of 77" developing countries and China. El Salvador's "shady past" hardly qualified it to teach lessons to anyone. Cuba would never accept the discriminatory, selective and unjust exercise nor would it ever accept a Special Rapporteur on human rights who was prejudiced. It would vote against the draft resolution.

The Committee then approved the draft resolution by a recorded vote of 59 in favour, to 26 against, with 71 abstentions.

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Explanation of Vote

Egypt said it reserved its right to speak on the matter in Plenary.

The representative of The Gambia said he had voted against the draft resolution because Cuba was making every effort towards peace and progress in many areas and was working closely and amicably with the international community.

The representative of Mexico said broad and fruitful international cooperation should be guided by non-selectivity and objectivity and take into account the non-divisibility of all human rights which established a framework for a balanced approach. Her delegation had abstained during the vote.

The representative of Malta said he had voted in favour of the draft text as part of its unwavering commitment to human rights. However, it noted recent positive steps by the Cuban Government in the fields of social and economic rights. However, he also noted the gravity of certain concerns expressed by the Special Rapporteur on human rights in Cuba and urged the Government and other countries who had not done so to ratify international human rights instruments.

The representative of Costa Rica said her delegation had co-sponsored the draft resolution not because it wanted to be chair of the Group of 77 and China. She reserved the right to make a statement in plenary.

The representative of El Salvador said his vote had been in favour of the draft resolution and had been incorrectly recorded. His country had experienced a difficult process in the past 15 years, but it now had a formal democracy. In the past, there had been human rights violations and the United Nations had appointed a Special Representative to investigate them. His mandate had been supported by the El Salvadorian Government and the resulting military and political crisis had led to negotiations which culminated in a peace settlement. As a result, democratic processes had been strengthened and elections, which included all parties, had been held. With the international community's help, the country had worked to consolidate democracy and give the Salvadorian people their rights. Although his Government did not have all the answers, the situation in the country was quite different from the one of 15 years ago.

The Committee Secretary read out the following oral amendments to a draft resolution on the human rights situation in Myanmar:

-- operative paragraph 17, lines 2 and 3, after the words "in order to assist in" add the following: "in the implementation of the present resolution

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and in its efforts for national reconciliation"; also, delete the phrase "its efforts for national reconciliation and in the implementation of the present resolution".

The representative of Sweden read out the following oral amendments to the text:

-- ninth preambular paragraph, line 5, delete the phrase "recent aggression committed against" and replace it with "attack, on 9 November 1996, on";

-- operative paragraph 7, lines 2 and 3, delete the phrase "cooperate fully with the Secretary-General" and replace it with "allow a visit by the representative of the Secretary-General as soon as possible".

The representative of Sweden also said that Lithuania, Australia, Canada and the United Kingdom should be added to the list of co-sponsors.

The representative of Myanmar said his Government was greatly dismayed and disturbed by the text before the Committee, which was thoroughly negative and based on unsubstantiated allegations. The co-sponsors deliberately omitted any positive elements, including cooperation between the Government and the UNHCR on the voluntary repatriation of refugees from Bangladesh to Myanmar. This demonstrated that the co-sponsors did not wish to concede the slightest achievement of which Myanmar could justifiably be proud after four decades of insurgency. The new paragraphs, and all the other new elements, reveal that the co-sponsors had only taken into account the interests of a single party. The apparent rationale of incorporating these new ideas was the assumption that pressure must be maintained on the Government of Myanmar. However, this assumption was seriously flawed because the Government would never yield to any outside pressure.

The draft resolution stood in contrast to last year's text in the overall thrust and focus, and it was more intrusive this year even though the situation in Myanmar was a far cry from what it was in 1990, when the Myanmar situation was first considered by the Third Committee, he continued. The present situation in Myanmar was not reflected in the negative elements of the draft resolution. The country was enjoying unprecedented peace, and the economy had witnessed steady high growth rates over the past several years. The Government firmly believed in its capability to sustain the economic growth, yet these achievements were not mentioned in the text. The Government of Myanmar dissociated itself from the thrust, tone and tenor of the resolution and totally rejected all its negative elements

The Committee then approved the draft resolution, as orally amended, without a vote.

Third Committee - 16 - Press Release GA/SHC/3406 54th Meeting (AM) 27 November 1996

The representative of the Netherlands said his Government had closely followed the human rights situation in Myanmar, and it was a subject of significant concern. The human rights situation in Myanmar had worsened markedly, and the reasons for this deterioration were detailed in the Special Rapporteur's report. There had also been clear set-backs between the Special Rapporteur and the Myanmar Government, and the Netherlands hoped cooperation would resume promptly.

The representative of Japan said her Government welcomed the adoption of the draft resolution without a vote and appreciated the work done by the coordinators. The resolution not only crystallized the shared concern of the international community but it also clearly articulated the goals it wished to achieve. Her Government shared the concerns and the goals contained in the resolution. It hoped that the Government of Myanmar would take further measures to improve its human rights situation and expedite the democratization process. It also urged Myanmar to cooperate with the United Nations in implementing the resolution's recommendations and goals.

The Committee then took action on a draft resolution on comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action

The Secretary read out the following amendments to the draft resolution:

-- insert the title of the draft resolution which should read "Comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action";

-- operative paragraph 7 should be deleted.

Ghana, Gambia, Cambodia, United Kingdom, Guinea-Bissau, Haiti, Georgia, Peru, Paraguay, Congo, Andorra, Mongolia, Morocco, Bahamas, Ecuador and Guinea were added to the list of co-sponsors.

The Committee then approved the draft resolution, as orally amended, without a vote.

The representative of Djibouti said, for reasons beyond its control, his delegation was not able to participate in the vote on the resolution on the human rights situation in Kosovo. He explained that he would have voted in favour of the resolution, to which his country was a co-sponsor.

(annexes follow)

Third Committee - 17 - Press Release GA/SHC/3406 54th Meeting (AM) 27 November 1996

ANNEX I

Vote on Human Rights and Unilateral Coercive Measures

The draft resolution on human rights and unilateral coercive measures (document A/C.3/51/L.65) was approved by a recorded vote of 54 in favour to 44 against, with 49 abstentions, as follows:

In favour: Afghanistan, Algeria, Bangladesh, Botswana, Brazil, Brunei Darussalam, Chile, China, Colombia, Costa Rica, Cuba, Democratic People's Republic of Korea, Dominican Republic, Ecuador, Gambia, Ghana, Guinea, Guinea-Bissau, Guyana, Haiti, India, Indonesia, Iran, Lao People's Democratic Republic, Lebanon, Libya, Malaysia, Mauritania, Mexico, Mongolia, Morocco, Myanmar, Nepal, Niger, Nigeria, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Russian Federation, Saudi Arabia, Singapore, Sudan, Suriname, Syria, Tunisia, Uganda, United Republic of Tanzania, Uruguay, Venezuela, Viet Nam, Yemen, Zimbabwe.

Against: Andorra, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Marshall Islands, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, The former Yugoslav Republic of Macedonia, Turkey, United Kingdom, United States, Uzbekistan.

Abstaining: Angola, Antigua and Barbuda, Argentina, Armenia, Azerbaijan, Bahamas, Barbados, Belarus, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Cote d'Ivoire, El Salvador, Estonia, Federated States of Micronesia, Fiji, Georgia, Guatemala, Honduras, Jamaica, Jordan, Kazakstan, Kenya, Kyrgyz Republic, Lesotho, Malawi, Malta, Mauritius, Mozambique, Namibia, Nicaragua, Panama, Philippines, Samoa, Sierra Leone, South Africa, Sri Lanka, Swaziland, Thailand, Togo, Trinidad and Tobago, Ukraine, Zambia.

Absent: Albania, Bahrain, Belize, Chad, Comoros, Congo, Djibouti, Dominica, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Grenada, Kuwait, Liberia, Madagascar, Maldives, Mali, Palau, Qatar, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Sao Tome and Principe, Senegal, Seychelles, Solomon Islands, Tajikistan, Turkmenistan, United Arab Emirates, Vanuatu, Zaire.

(END OF ANNEX I)

Third Committee 18 Press Release GA/SHC/3406 54th Meeting (AM) 27 November 1996

ANNEX II

Vote on Situation of Human Rights in Kosovo

The draft resolution on the situation of human rights in Kosovo (document A/C.3/51/L.59) was approved by a recorded vote of 102 in favour to 3 against, with 45 abstentions, as follows:

In favour: Afghanistan, Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Brunei Darussalam, Canada, Cape Verde, Chile, Colombia, Comoros, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Federated States of Micronesia, Fiji, Finland, France, Germany, Greece, Guatemala, Guyana, Honduras, Hungary, Iceland, Indonesia, Iran, Ireland, Israel, Italy, Japan, Jordan, Kazakstan, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mexico, Monaco, Morocco, Netherlands, New Zealand, Nicaragua, Niger, Norway, Oman, Pakistan, Paraguay, Poland, Portugal, Qatar, Republic of Korea, Samoa, San Marino, Saudi Arabia, Senegal, Slovenia, Solomon Islands, South Africa, Spain, Sudan, Suriname, Swaziland, Sweden, Thailand, Tunisia, Turkey, United Arab Emirates, United Kingdom, United States, Uruguay, Uzbekistan.

Against: India, Russian Federation, Saint Lucia.

Abstaining: Angola, Belarus, Bhutan, Botswana, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, China, Cote d'Ivoire, Egypt, Eritrea, Ethiopia, Gambia, Ghana, Guinea, Guinea-Bissau, Jamaica, Kenya, Malawi, Mongolia, Mozambique, Myanmar, Namibia, Nepal, Nigeria, Papua New Guinea, Peru, Philippines, Republic of Moldova, Romania, Sierra Leone, Singapore, Slovakia, Sri Lanka, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Uganda, Ukraine, United Republic of Tanzania, Venezuela, Zambia, Zimbabwe.

Absent: Armenia, Belize, Chad, Congo, Cuba, Democratic Peoples' Republic of Korea, Djibouti, Dominica, Equatorial Guinea, Gabon, Georgia, Grenada, Haiti, Lao People's Democratic Republic, Liberia, Madagascar, Mauritius, Palau, Panama, Rwanda, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Sao Tome and Principe, Seychelles, Syria, Tajikistan, Turkmenistan, Vanuatu, Viet Nam, Yemen, Zaire.

(END OF ANNEX II)

Third Committee 19 Press Release GA/SHC/3406 54th Meeting (AM) 27 November 1996

Third Committee 20 Press Release GA/SHC/3406 54th Meeting (AM) 27 November 1996

ANNEX III

Vote on Situation of Human Rights in Cuba

The draft resolution on the situation of human rights in Cuba (document A/C.3/51/L.63) was approved by a recorded vote of 59 in favour with 26 against, with 71 abstentions, as follows:

In favour: Albania, Andorra, Argentina, Armenia, Australia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, El Salvador, Estonia, Finland, France, Georgia, Germany, Greece, Honduras, Hungary, Iceland, Ireland Israel, Italy, Japan, Kuwait, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Marshall Islands, Mauritius, Monaco, Netherlands, New Zealand, Nicaragua, Norway, Paraguay, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, The former Yugoslav Republic of Macedonia, Turkey, United Kingdom, United States, Uruguay, Uzbekistan.

Against: Angola, China, Congo, Cuba, Democratic People's Republic of Korea, Gambia, Ghana, India, Indonesia, Iran, Lao People's Democratic Republic, Lesotho, Libya, Myanmar, Namibia, Nigeria, Papua New Guinea, South Africa, Sudan, Syria, Uganda, United Republic of Tanzania, Viet Nam, Zambia, Zimbabwe.

Abstaining: Algeria, Antigua and Barbuda, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Colombia, Côte d'Ivoire, Dominican Republic, Egypt, Eritrea, Ethiopia, Federated States of Micronesia, Fiji, Gabon, Guatemala, Guinea, Guinea Bissau, Guyana, Haiti, Jamaica, Jordan, Kazakstan, Kenya, Kyrgyz Republic, Lebanon, Malawi, Malaysia, Maldives, Mali, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Nepal, Niger, Oman, Pakistan, Peru, Philippines, Qatar, Russian Federation, Saint Lucia, Saudi Arabia, Senegal, Sierra Leone, Singapore, Sri Lanka, Suriname, Swaziland, Thailand, Togo, Trinidad and Tobago, Tunisia, Ukraine, United Arab Emirates, Venezuela.

Absent: Afghanistan, Belize, Chad, Comoros, Djibouti, Dominica, Ecuador, Equatorial Guinea, Grenada, Liberia, Madagascar, Palau, Panama, Rwanda, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Seychelles, Solomon Islands, Tajikistan, Turkmenistan, Vanuatu, Yemen, Zaire.

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