ASSEMBLY ACTS ON FINANCING OF SIX PEACE-KEEPING OPERATIONS, ADOPTS 10 TEXTS ON RECOMMENDATION OF LEGAL COMMITTEE

16 December 1996

Press Release
GA/9205

ASSEMBLY ACTS ON FINANCING OF SIX PEACE-KEEPING OPERATIONS, ADOPTS 10 TEXTS ON RECOMMENDATION OF LEGAL COMMITTEE

19961216 Welcomes Draft Code of Crimes, Supports Electronic Dissemination Of Treaty Information; Also Extends Term of UNEP Executive Director

The General Assembly this morning appropriated $75.6 million gross ($72.2 million net) to finance the United Nations Mission in Bosnia and Herzegovina (UNMIBH) from 1 July 1996 to 30 June 1997, by one of six texts adopted on the recommendation of the Fifth Committee (Administrative and Budgetary) on the financing of United Nations operations. Appropriations are made subject to decisions by the Security Council to continue the missions.

The Assembly also appropriated $140.5 million gross ($136.1 million net) for the United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium (UNTAES), for the period from 1 July 1996 to 30 June 1997; and $25.4 million gross ($24.6 million net) for the United Nations Preventive Deployment Force (UNPREDEP), for the period from 1 July 1996 to 30 June 1997.

It also took decisions regarding the unencumbered balances in the following accounts: the United Nations Disengagement Observer Force (UNDOF) - - $1.2 million gross ($973,100 net); the United Nations Interim Force in Lebanon (UNIFIL) -- $10.6 million gross ($8.8 million net); and the United Nations Iraq-Kuwait Observation Mission (UNIKOM) -- $2.4 million gross ($1.6 million net).

Also this morning, the Assembly welcomed completion of the draft code of offences against the peace and security of mankind, approved efforts aimed at developing electronic access to treaty information and welcomed a new Model Law on Electronic Commerce, as it adopted nine resolutions and one decision on the recommendation of its Sixth Committee (Legal).

By other Sixth Committee texts, it also addressed the United Nations Decade of International Law (1990-1999), protection of victims of armed conflicts and of diplomatic missions, law relating to the new international economic order, and the Committee on Relations with the Host Country.

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Acting on a recommendation of the Secretary-General, the Assembly also extended the term of office of Elisabeth Dowdeswell as Executive Director of the United Nations Environment Programme (UNEP) for one year, effective 1 January 1997. All of today's actions were taken without a vote.

The Assembly also began its discussion of the situation in Bosnia and Herzegovina, hearing statements by the representatives of Ireland (for the European Union and associated States), Bangladesh, Brunei Darussalam, United Arab Emirates, Indonesia, Kuwait, Saudi Arabia, Pakistan, Malaysia, Iran, Japan and Slovenia. The Assembly expressed appreciation to the International Law Commission for its completion of its draft code of crimes against the peace and security of mankind and its provisional draft articles on State responsibility, by one Sixth Committee text. It asked the Secretary-General to invite governments to present their views on action that might be taken in relation to the draft code and urged them to present their written views on the draft articles. The Assembly welcomed the aim of developing a comprehensive electronic database to disseminate treaty information through such means as on-line access, under another text. It endorsed the proposed dissemination of treaties via the Internet, recognizing that such access to information was particularly valuable in countries where the cost of maintaining complete collections of treaties in bound volume form was relatively high. By a resolution on the work of the United Nations Commission on International Trade Law (UNCITRAL), the Assembly recommended that all States give favourable consideration to the Commission's Model Law on Electronic Commerce when they enact or revise their laws, in view of the need for uniformity of the law applicable to alternatives to paper-based methods of communication and information-storage. Under a second UNCITRAL resolution, the Assembly urged States that have not yet done so to consider signing, ratifying or acceding to those conventions which have emerged from the Commission's work. It appealed for voluntary contributions to the Trust Fund for travel assistance to developing countries members of the Commission, in order to ensure full participation by all Member States in its meetings. On the United Nations Decade of International Law, the Assembly adopted a programme of action for its closing years (1997-1999). It aims at promoting respect for international law and the peaceful settlement of disputes, including resort to the International Court of Justice. It also seeks to encourage the progressive development and codification of international law, as well as its teaching, study, dissemination and appreciation. Addressing the 1999 centennial of the first International Peace Conference, the Assembly invited the Russian Federation and the Netherlands to arrange, as a matter of urgency, a preliminary discussion with interested Member States on a programme of action to mark the centennial, as well as the closing of the Decade of International Law.

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Under a resolution on the status of the two Protocols Additional to the 1949 Geneva Conventions on the protection of victims of armed conflicts, the Assembly appealed to all States parties to the Conventions which had not yet done so to consider becoming parties to the 1977 Protocols. It also called on present and future parties to its Protocol I to make the relevant declaration accepting the competence of an international fact-finding commission in relation to an armed conflict. The Assembly strongly condemned acts of violence against diplomatic and consular missions and representatives, as well as against intergovernmental organizations and their officials, by another resolution adopted today. States were urged to ensure the protection, security and safety of those missions and their personnel, and to take measures to prevent any abuse of diplomatic or consular privileges and immunities. The host country was again urged to consider lifting travel controls with regard to certain missions and Secretariat staff of certain nationalities, by another text. The Assembly asked the host country to continue taking all measures necessary to prevent interference with the functioning of missions accredited to the United Nations. It also stressed that diplomatic indebtedness remained a problem of significant concern, reaffirming that non-compliance with contractual obligations could not be condoned. The Assembly also adopted a text on international law relating to the new international economic order, by which it decided to resume consideration of the legal aspects of international economic relations at its fifty-fifth session, which begins in the year 2000. Action on Sixth Committee reports on establishment of an international criminal court, measures against terrorism, the law of international watercourses, and the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization were postponed until tomorrow, to allow time for consideration of their budgetary implications. The Sixth Committee reports were introduced by its Rapporteur, the representative of Cameroon. In other action the Assembly, based on a recommendation of the Fifth Committee, took note of specified chapters in the report of the Economic and Social Council. It deferred until its next session consideration of the following agenda items: the declaration by the Organization of African Unity (OAU) on the military attack against Libya by the United States in April 1986; Israeli aggression against Iraqi nuclear installations; consequences of Iraq's occupation of and aggression against Kuwait; the implementation of United Nations resolutions; and the question of the Comorian Island of Mayotte. The Assembly will meet again at 3 p.m. today to continued its debate on Bosnia and to consider reports of its Second Committee (Economic and Financial).

Assembly Work Programme

The General Assembly met this morning to take action on 14 draft resolutions and one draft decision contained in 12 reports of its Sixth Committee (Legal). All of the Committee's actions were taken without a vote, during the period from 26 to 29 November. The Assembly was also expected to elect the Executive Director of the United Nations Environment Programme (UNEP) and to take up a report by its Fifth Committee (Administrative and Budgetary) on the Economic and Social Council.

In addition, the Assembly was expected to consider recommendations by the Fifth Committee on the financing of the following operations: the United Nations Disengagement Observer Force (UNDOF); the United Nations Interim Force in Lebanon (UNIFIL); the United Nations Iraq-Kuwait Observation Mission (UNIKOM); the United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium (UNTAES); the United Nations Mission in Bosnia and Herzegovina (UNMIBH); and the United Nations Preventive Deployment Force (UNPREDEP).

Sixth Committee Reports

The Assembly had before it a report by the Sixth Committee on the status of the two Protocols Additional to the 1949 Geneva Conventions on the protection of victims of armed conflicts. By the terms of a draft resolution in that report, the Assembly would appeal to all States parties to the Conventions which had not yet done so to consider becoming parties to the 1977 Protocols at the earliest possible date.

In addition, the Assembly would call on all States which are or may become parties to Protocol I of the Conventions to make the relevant declaration provided for in its article 90 -- that they would accept the competence of an international fact-finding commission in relation to an armed conflict.

The Assembly would strongly condemn acts of violence against diplomatic and consular missions and representatives, as well as against intergovernmental organizations and their officials, by the terms of another draft resolution (document A/51/623). States would be urged to ensure the protection, security and safety of those missions and their personnel; to take all necessary measures to prevent any acts of violence against such missions and officials, and to bring offenders to justice; and to take measures to prevent any abuse of diplomatic or consular privileges and immunities, in particular serious abuses, including those involving acts of violence.

By other terms of the draft, the Assembly would call on States that have not yet done so to consider becoming parties to the instruments on the security and safety of diplomatic and consular missions and representatives. In cases where a dispute arose in connection with a violation of their international obligation concerning such protection, it would call on States

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to make use of the means for their peaceful settlement, including the good offices of the Secretary-General. The Secretary-General would be asked to offer his good offices to the States directly concerned, when he deemed that appropriate.

By the draft resolution on the non-navigational uses of international watercourses (document A/51/624), the Assembly would convene a two-week session of the Sixth Committee's working group of the whole, from 24 March to 4 April 1997, to elaborate a framework convention on the topic. Upon the completion of its mandate, the working group would report directly to the Assembly. A statement of programme budget implications (document A/C.6/51/L.24) estimates conference-servicing costs at $288,900.

With respect to the United Nations Decade of International Law (1990-1999), the Committee's report contains three draft resolutions (document A/51/625). By a draft on action in 1999 to mark the closing of the Decade and the centennial of the first International Peace Conference, the Assembly would consider it desirable to draft a programme of action dedicated to the centennial of the Peace Conference and to the closing of the Decade. The first International Peace Conference was held at The Hague in 1899 at Russia's initiative.

The Assembly would invite the Russian Federation and the Netherlands to arrange, as a matter of urgency, a preliminary discussion with other interested Member States on the content of 1999 action. It would invite those Governments to seek the cooperation of the International Court of Justice, the Permanent Court of Arbitration, relevant intergovernmental organizations and other bodies. It would call on the competent United Nations organs, programmes and specialized agencies to study the possibilities of providing assistance in support of the action.

By a second draft resolution in that report, on the United Nations Decade of International Law, the Assembly would adopt the programme of action for the final term of the Decade (1997-1999), annexed to the draft text. That programme addresses activities aimed at promoting respect for international law; promoting the peaceful settlement of disputes between States, including resort to the International Court of Justice; encouraging the progressive development of international law and its codification; and encouraging the teaching, study, dissemination and wider appreciation of international law.

The Assembly would invite all States and international organizations and institutions referred to in the programme to undertake the activities outlined in it and report on that to the Secretary-General. It would appeal to States, international organizations and non-governmental organizations working in the field of international law and to the private sector to make contributions in cash or kind to facilitate implementation of the programme. It would again ask the Secretary-General to bring the programme of action to the attention of States and international bodies working in the field of international law.

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By a third draft resolution in the report on the Decade, the Assembly would welcome the objective of developing a comprehensive electronic treaties database containing all depositary and registration information and to disseminate electronically treaty and treaty law-related information from that database, including through on-line access. That objective was stated in the Secretary-General's report on the United Nations Decade of International Law.

The Secretary-General would be asked to continue giving priority to implementing the computerization programme in the Treaty Section of the Office of Legal Affairs . He would also be called upon to ensure that all necessary support is provided to expedite publication of the printed version of the United Nations Treaty Series.

The Assembly would endorse the proposed Internet dissemination of the Treaty Series, in addition to the current access to the Multilateral Treaties Deposited with the Secretary-General. It would recognize that Internet access to treaties and treaty law-related information is particularly valuable in countries where the cost of maintaining complete collections of treaties in bound volume form is relatively high. Specialized agencies, other international bodies, and States having depositary functions for multilateral treaties would be invited to use their best efforts to provide such Internet access to treaties and related information as soon as practicable.

Under a draft resolution in the report on the International Law Commission (document A/51/626), the Assembly would express its appreciation to the Commission for completion of the final draft articles on the draft code of crimes against the peace and security of mankind and its provisional draft articles on State responsibility. It would ask the Secretary-General to invite governments to provide written comments and observations on action that might be taken in relation to the draft code. It would also urge governments to present their written comments and observations on the draft articles on State responsibility.

By other terms of the text, the Assembly would encourage governments who might wish to do so to provide written comments and observations on the report of the working group on international liability for injurious consequences arising out of acts not prohibited by international law. It would ask the Secretary-General to make appropriate arrangements to commemorate the fiftieth anniversary of the Commission's establishment through a colloquium on the progressive development and codification of international law.

The Assembly would decide to reaffirm the mandate of the Preparatory Committee for the Establishment of an International Criminal Court, under a draft resolution in its report on the court (document A/51/627). By its terms, the Assembly would set the dates for forthcoming meetings of the Preparatory Committee to complete a draft convention for submission to a diplomatic conference of plenipotentiaries. It would decide that the

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conference would be held in 1998, with a view to finalizing and adopting the convention.

The Secretary-General would be asked to establish a special fund for the participation of the least developed countries in the work of the Preparatory Committee and of the conference, and all States would be called upon to make voluntary contributions to it. The Assembly would urge participation in the Preparatory Committee by the largest number of States, so as to promote universal support for an international criminal court.

The Assembly would direct the Preparatory Committee, during its forthcoming session, to deal with the following: definition and elements of crimes; principles of criminal law and penalties; organization of the court; procedures; complementarity and mechanisms to trigger the court's involvement; cooperation with States; establishment of the court and its relationship with the United Nations; final clauses and financial matters; and other matters. Conference-servicing costs for the Preparatory Committee's meetings are estimated at $534,600 for the period in question (see document A/C.6/51/L.22).

The Committee's report on the work of the United Nations Commission on International Trade Law (UNCITRAL) (document A/51/628) contains two draft resolutions.

By a text on UNCITRAL's report, the Assembly would reaffirm the Commission's mandate as the core legal body within the United Nations system on international trade law, to coordinate legal activities in that field. It would call on all United Nations bodies and invite other international organizations to bear that mandate in mind, as well as the need to avoid duplication and to promote efficiency, consistency and coherence in the unification and harmonization of international trade law.

The Assembly would appeal for contributions to UNCITRAL's Trust Fund for Symposia and, where appropriate, to the financing of special projects. It would appeal to the United Nations Development Programme (UNDP), other development assistance bodies and governments in their bilateral efforts, to support the Commission's training and technical assistance programme. To ensure full participation by all Member States in UNCITRAL's meetings, it would appeal for voluntary contributions to the Trust Fund for travel assistance to developing countries members of the Commission.

By other terms of the text, the Assembly would decide to include the Trust Fund for Symposia and the Trust Fund for travel assistance among those that are dealt with at the United Nations Pledging Conference for Development Activities. It would decide to continue, at its next session, its consideration of the granting of travel assistance, within existing resources, to the least developed countries that are members of the Commission -- that matter to be considered by its competent Main Committee.

The Assembly would stress the importance of bringing into effect the

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conventions emanating from the work of the Commission for the global unification and harmonization of international trade law. To that end, it would urge States that have not yet done so to consider signing, ratifying or acceding to those conventions.

By a draft resolution on UNCITRAL's Model Law on Electronic Commerce, the Assembly would express its appreciation to the Commission for completing and adopting the Model Law when they enact or revise their laws, in view of the need for uniformity of the law applicable to alternatives to paper-based methods of communication and information-storage. It would also recommend that all efforts be made to ensure that the Model Law, together with the Guide, become generally known and available. The 17-article Model Law is annexed to the draft.

By a draft resolution on the report of the Committee on Relations with the Host Country (document A/51/629), the Assembly would ask the host country to continue taking all measures necessary to prevent any interference with the functioning of missions accredited to the United Nations. While noting with appreciation the Committee's efforts which had contributed to a decrease in diplomatic indebtedness, it would stress that existing indebtedness remained a matter of significant concern. It would reaffirm that non-compliance with contractual obligations could not be condoned or justified.

By other terms of that draft, the host country would again be urged to consider lifting travel controls with regard to certain missions and to staff members of the Secretariat of certain nationalities. The host country would also be called upon to review measures and procedures relating to the parking of diplomatic vehicles, with a view to responding to the growing needs of the diplomatic community. It would also be urged to continue taking appropriate action with regard to special passage for members of the United Nations community at John F. Kennedy International Airport.

The Committee's report on the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (document A/51/630) contains two draft resolutions.

By a draft resolution on the report of the Special Committee on the Charter, the Assembly would decide that the Special Committee would hold its next session from 27 January to 7 February 1997. It would ask the Committee, during that session, to consider all proposals concerning the maintenance of international peace and security. Among those would be a working paper on a draft declaration on basic principles and criteria for the work of United Nations peace-keeping missions and mechanisms for the prevention and settlement of crises and conflicts.

The Assembly would ask the Special Committee to continue considering, on a priority basis, the implementation of Charter provisions on assistance to third States affected by the application of Chapter VII sanctions. It would also be asked to continue its work on the peaceful settlement of disputes

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between States, including a proposal for establishment of a dispute-settlement service to be used early in a dispute, as well as proposals on enhancing the role of the International Court of Justice. The Committee would also be asked to continue considering proposals relating to the Trusteeship Council. The cost of the session is estimated at $288,900 (see document A/C.6/51/L.21).

A second draft resolution in the report on the Charter Committee addresses the implementation of Charter provisions on assistance to the third States affected by the application of Security Council sanctions. By its terms, the Assembly would invite the Security Council to consider the establishment of further mechanisms or procedures for consultation on the solution of special economic problems faced by affected third States. It would strongly recommend that the Council continue its efforts to enhance the effectiveness and transparency of its sanctions committees.

The Assembly would also ask the Secretary-General to continue efforts aimed at developing a possible methodology for assessing the adverse consequences actually incurred by third States as a result of sanctions. The Secretary-General would be asked to continue on a regular basis to collate and coordinate information about international assistance available to third States affected by sanctions. He would also be asked to explore innovative and practical measures for assistance to affected third States.

The Committee also recommends a draft resolution on measures to eliminate international terrorism (document A/51/631). By its terms, the Assembly would strongly condemn all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomsoever committed. It would repeat that criminal acts intended to provoke a state of terror for political purposes were unjustifiable in any circumstance, regardless of political, philosophical, ideological, racial, ethnic, religious or other considerations that might be invoked to justify them.

The Assembly would call upon all States to adopt further measures in accordance with relevant provisions of international law, including international standards of human rights, to prevent terrorism and to strengthen international cooperation to combat it. In particular, it would call on them to recommend that relevant security officials undertake consultations to improve the capability of governments to prevent, investigate and respond to terrorist attacks on public facilities, in particular means of public transport.

In addition, all States would be called upon to accelerate research and development on methods of detecting explosives and other harmful substances. It would note the risk of terrorists using electronic or wire communications systems and networks to carry out criminal acts and the need to find means, consistent with national law, to prevent such criminality. It would call on

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them, where sufficient justification exists, to investigate appropriately the abuse of organizations or groups by terrorists using them as a cover for their own activities.

The Assembly would also call on all States to develop, if necessary, mutual legal assistance procedures to facilitate speedy investigations and evidence collection, as well as cooperation between law enforcement agencies to detect and prevent terrorist acts. It would call on them to employ domestic measures to prevent and counteract the financing of terrorists and terrorist organizations. It would also call on them to intensify the exchange of information on facts related to terrorism. It would repeat its call on States to refrain from financing, encouraging, training or otherwise supporting terrorist activities.

In addition, the Assembly would decide to establish an ad hoc committee to elaborate an international convention for the suppression of terrorist bombings and, subsequently, an international convention for the suppression of acts of nuclear terrorism. It would meet from 24 February to 7 March 1997 to prepare the text of a draft international convention for the suppression of terrorist bombings. The Assembly further recommends that its work should continue from 22 September to 3 October 1997, during the Assembly's next session, in the framework of a working group of the Sixth Committee. Costs for conference servicing would be some $456,800 (see document A/C.6/51/L.23).

Annexed to the draft resolution is a "Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism", which it would have the Assembly approve. Among its terms, States Members of the United Nations reaffirm that they should take appropriate measures before granting refugee status, to ensure that the asylum-seeker has not participated in terrorist acts. It emphasizes that asylum-seekers awaiting the processing of their asylum applications may not thereby avoid prosecution for terrorist acts. It also addresses questions relating to extradition and the sharing of information about terrorists.

By a draft decision on the progressive development of international law relating to the new international economic order (document A/51/632), the Assembly would decide to resume consideration of the legal aspects of international economic relations during its fifty-fifth session, which begins in the year 2000.

The draft resolutions on the UNCITRAL report, the Model Law on Electronic Commerce, protecting victims of armed conflicts (the Geneva Convention Protocols), and protecting diplomatic and consular missions and representatives were approved by the Sixth Committee on 26 November. The drafts on the international criminal court, terrorism, and the Charter Committee report were approved on 29 November. The remaining texts were approved on 27 November.

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Action to Defer Agenda Items

At the outset of the meeting, the Assembly deferred to its next session consideration of several items on its agenda. Those concern: the declaration by the Organization of African Unity (OAU) on the aerial and naval military attack against Libya by the United States in 1986; Israeli aggression against Iraq; consequences of Iraqi occupation and aggression against Kuwait; implementation of United Nations resolutions; and the question of the Comorian Island of Mayotte.

Executive Director of UNEP

The Assembly considered a note from the Secretary-General concerning the term of office of Elizabeth Dowdeswell as the Executive Director of UNEP (document A/51/718). In it, he recommends that, pending the outcome of the January 1997 session of UNEP's Governing Council and of the Assembly's special session in June 1997 on the review of Agenda 21, her term should be extended for a period of one year. The Assembly accepted that recommendation, extending Ms. Dowdeswell's term for one year, effective 1 January 1997.

Fifth Committee Reports

Acting without a vote, the Assembly adopted a decision in the Fifth Committee's report on the Economic and Social Council (document A/51/706). By its terms, the Assembly took note of chapters I, V (sections E and G) and VII of the Council's report.

Also without a vote, the Assembly adopted texts on the financing of six United Nations operations:

-- By the decision in the Committee's report on UNDOF (document A/51/724), the Assembly decided on what to do with an unencumbered balance of $1.2 million gross ($973,100 net) in the Force's account for the period from 1 December 1994 to 30 November 1995. For Member States which have fulfilled their financial obligation to the Force, their respective share in that balance will be set off against their future apportionments. For Member States which have not fulfilled those obligations, their share of that balance will be set off against their outstanding obligations.

-- By the decision in the report on UNIFIL (document A/51/725), the Assembly decided to treat the unencumbered balance of $10.6 million gross ($8.8 million net) in that Force's account for the period from 1 February 1995 to 31 January 1996 in the same manner as outlined above for the unencumbered balance of UNDOF.

-- By the decision in the Committee's report on UNIKOM (document A/51/726), the Assembly decided that for Member States which have fulfilled their financial obligations to the Mission, their respective share of an unencumbered balance of $2.4 million gross ($1.6 million net) will be set off

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against their future apportionments. That amount represents one third of the unencumbered balance of $5.7 million gross ($4.9 million net) for the period from 1 November 1994 to 31 December 1995. The Assembly's action took into consideration Kuwait's voluntary contributions of a two-thirds share of the Mission's cost.

The Assembly further decided that for Member States which have not fulfilled their financial obligations to the Mission, their share in the unencumbered balance will be set off against their outstanding obligations. Two thirds of the net unencumbered balance of $4.9 million, equivalent to $3.3 million, will be returned to the Government of Kuwait. The Assembly also asked the Secretary-General to take immediate action to recover the overpayment of an estimated $844,000 relating to mission subsistence allowance.

-- Adopting a resolution in the Committee report on UNMIBH (document A/51/710), the Assembly decided to appropriate $75.6 million gross ($72.2 million net) for the 12-month period from 1 July 1996 to 30 June 1997 and apportioned it, on an ad hoc basis, at a monthly rate of $12.6 million gross ($12.0 million net) should the Security Council extend the Mission beyond 20 December. The amount -- which includes $1.9 million for the support account for peace-keeping operations -- is in addition to the $75.6 million gross ($72.2 million net) appropriated for the period from 1 July to 31 December 1996.

-- Adopting the resolution in the Committee report on UNTAES (document A/51/711), the Assembly appropriated $140.5 million gross ($136.1 million net) for the period from 1 July 1996 to 30 June 1997 and apportioned it, on an ad hoc basis, for the same 12-month period. The sum -- which includes $3.4 million for the support account -- is in addition to the $140.5 million gross ($136.1 million net) already appropriated for the period from 1 July to 31 December 1996.

-- By the Committee's recommendation on UNPREDEP (document A/51/712) the Assembly appropriated $25.4 million gross ($24.6 million net) for the Force for the period from 1 July 1996 to 30 June 1997. The sum will be apportioned, on an ad hoc basis, at a monthly rate of $4.2 million gross ($4.1 million net), should the Council extend the Force beyond 31 May 1997. The appropriation -- which includes $632,400 for the support account -- is in addition to the $26.3 million gross ($25.5 million net) previously appropriated for the second half of 1996.

Action on Sixth Committee Reports

PASCALINE BOUM (Cameroon), Rapporteur of the Sixth Committee, introduced that body's reports.

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Acting without a vote, the Assembly adopted the resolutions on protecting victims of armed conflicts and on the protecting of diplomatic missions and representatives. It postponed action on the text on international watercourses, to allow time for consideration of a Fifth Committee report on its budgetary implications.

Also without a vote, the Assembly adopted the resolutions on the centennial of the first International Peace Conference, the United Nations Decade of International Law, development of an electronic treaties database, and the International Law Commission. It postponed action on the text on establishment of an international criminal court, to allow time for consideration of a Fifth Committee report on its budgetary implications.

The Assembly went on to adopt the resolutions on the report of UNCITRAL, its Model Law on Electronic Commerce, and the Committee on Relations with the Host Country, all without a vote. It postponed action on the report on the Charter Committee -- which contains two draft resolutions -- as well as on measures to eliminate international terrorism. That was to allow time to consider Fifth Committee reports on the budgetary implications of two of the three draft resolutions.

Acting without a vote, the Assembly then adopted the decision on law relating to the new international economic order.

Situation in Bosnia and Herzegovina

MICHAEL HOEY (Ireland), speaking for the European Union, and for Bulgaria, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovak Republic and Slovenia, and also for Iceland and Norway, referred to the recent London Peace Implementation Conference. He said decisions were taken aimed at building on the achievements of the past two months: consolidating peace, and encouraging reconciliation and economic, political and social regeneration in order to restore Bosnia and Herzegovina to enable it to take its rightful place in the region and in Europe. Those objectives would require the full commitment of the leaders of Bosnia and Herzegovina and, for the immediate future, the support of the international community. The authorities at all levels should pledge themselves to work towards the functioning of a multi-ethnic State with institutions enjoying the support and confidence of all its citizens.

He said progress had been made in establishing freedom of movement since the Peace Agreement, but there was considerable room for improvement. Unless urgent steps were taken to reduce the episodes of confrontation between ethnic groups -- often violent, and leading to the death of innocent people -- the necessary progress in facilitating the voluntary and safe return of refugees would not be achieved. A key priority over the next two years was the full respect for human and minority rights, to ensure the goal of a multi-ethnic State.

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ANWARUL KARIM CHOWDHURY (Bangladesh) said that while the Dayton Agreement had laid the constructive groundwork for an end to hostilities, a great deal needed to be done. It was heartening to know that elections were held last September; it was a welcome move in the right direction and Bangladesh saluted the hard work of the people of Bosnia and Herzegovina to that end. The Bosnian Government was making commendable efforts towards finding common ground. None the less, the situation there remained far from desirable. Strong ethnic loyalties defined the outlook in each community; displaced persons were often discouraged from returning to their homes. The destruction of some houses in some Serb-held territory was a negative development. It must not be forgotten that no political solution could survive if people were not allowed to return to their communities and exercise their right in determining the future of Bosnia and Herzegovina. The completion of the trial of war criminals was another acid test for restoring normality in Bosnia and Herzegovina. Bangladesh was willing to offer its legal service for trying war criminals and also extend legal services to the Bosnian Government on matters of state succession. Another important matter concerning Bosnia and Herzegovina was the scrupulous compliance with the regional arms control agreement.

PEHIN MOHAMMAD (Brunei Darussalam) suggested an appraisal of the current situation in Bosnia and Herzegovina and a consideration of measures that would reduce or eliminate any shortcomings revealed in the work of the United Nations. Unless that was done, current favourable prospects might be endangered. Although much had been achieved in improving the overall situation in Bosnia and Herzegovina since the signing of the Dayton Peace Agreement last year, more still needed to be done, especially in alleviating human suffering. The Peace Agreement must be fully implemented. Despite the recent conclusion of general elections, there had been considerably less progress than was predicted in terms of reducing tension between Bosnia's three main ethnic communities.

It seemed that national institutions existed mainly on paper and refugees remained unable to return to their homes, he continued. Of even more concern, the country's supposedly informal partition had become increasingly formal and that increased the risk of renewed military conflict, especially when foreign forces were withdrawn. International parties to the Dayton Agreement should ensure that free and fair municipal elections took place and that all sides participated in the newly created national institutions. The parties to the Agreement were also obligated to assist in the investigation of war crimes and the arrest of those already indicted. He hoped that they would also see that returning refuges found safe places to live.

There were also practical challenges, such as reconstruction and the clearing of minefields, he said. He urged supportive countries and international institutions to give continued attention to the reconstruction of Bosnia and Herzegovina. Those who had pledged funds were asked to disburse them immediately to ensure timely completion of priority projects for rehabilitation and reconstruction. At the same time, the long-term peace and

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stability of the region would be greatly enhanced through the creation of a credible self-defence capability. The situation required the commitment of an international presence -- military and civilian -- though perhaps different from the current one.

ANVAR BAROUT (United Arab Emirates) said the consolidation of the achievements in Bosnia and Herzegovina required the construction of common institutions and rebuilding of infrastructure. In spite of the progress achieved by the international parties, many pledges had still not been honoured. Consequently, there had been no progress on refugees and other projects. He urged the international community to honour its commitments towards the country. The return of refugees was very important. Indeed, to have displaced persons at all was a violation of the Dayton Agreement. In addition, mine clearance, was very critical to enabling those refugees to return. Finally, he urged the international community to pay attention to every aspect of the issue of indicted criminals, which must be resolved in order to guarantee justice.

NUGROHO WISNUMURTI (Indonesia) said that since the Dayton Peace Agreement was reached a year ago, it had terminated wanton aggression and indiscriminate killing and restored peace after four years of brutal warfare. The recent elections had heightened prospects for the establishment of multi- ethnic common institutions and had been a remarkable achievement. However, one could not be oblivious to the fact that Bosnia and Herzegovina was still a country divided along ethnic lines.

There was, as noted in the Peace Implementation Conference, held in London on 4 and 5 December, a lack of progress on critical areas of the Agreement, he continued. It was undeniable that the right of refugees and displaced persons had been trampled on by the Bosnian Serbs, through an unconscionable policy of harassment, intimidation, forced evictions and even burning of homes. Of a total of 2 million people forced to flee their homes, only 250,000 had returned. Further, there had been an ominous resurgence of narrow nationalist aspirations, which sought to undermine the prospect of restoring Bosnia and Herzegovina as an independent State within its internationally recognized borders. The resettlement of refugees was the principal, most immediate concern. Their right to reoccupy their homes could not be compromised "if we are to reverse the goals of a war characterized by ethnic cleansing", he said.

MOHAMMAD ABULHASAN (Kuwait) said that significant developments had put an end to a bloody struggle in Bosnia and Herzegovina. His Government continued to fully support all the provisions of the Dayton Peace Agreement and called on all parties concerned to honour their commitments and cooperate fully with the International Tribunal for the Former Yugoslavia. He welcomed the Tribunal's third report. Support for the Tribunal should be not only moral and political, but financial and technical. In that way, it could cope with its tasks, including the refugee situation and help lay down a foundation for democracy and the full respect of human rights.

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His Government, through the Kuwait Fund established for that purpose, signed an agreement with the Government of Bosnia and Herzegovina last October, he said. Several commitments had been already made, including technical assistance to a health care and drinking water project, amounting to some 350,000 Kuwait dinars. Some $20 million would go towards financing small businesses and another $9 million for rebuilding roads. GAAFAR M. ALLAGANY (Saudi Arabia) said the results of the election in Bosnia and Herzegovina were a cause for hope that the forces of moderation would triumph over those of extremism. He saw optimism in spite of all the negative reports of the international press. The recent demolition of the houses of some returning refugees by the Bosnian Serbs indicated the biggest challenge to the hopes for peace. He said Saudi Arabia regretted that among the negotiating parties in Dayton were some people who were known to have been involved in "horrible war crimes" through the ethnic cleansing campaign. It was ironic that the same war criminals who were indicted were those who were present at the table to negotiate peace. Implementation of the Dayton Agreement, he continued, faced many obstacles from those who did not seek peace and reconstruction. At this time there was a need to help Bosnia and Herzegovina so that it could support itself, and in the prosecution and punishment of war criminals so that the talk of human rights and justice in the world could have meaning. He called on the international community to support the "rightful owners" in Bosnia and Herzegovina and stressed that the best hopes of the Dayton Agreement would see the light only if the international community truly demonstrated resolve. AHMAD KAMAL (Pakistan) said that while important strides had been taken towards resurrecting the unity and territorial integrity of Bosnia- Herzegovina, there continued to be deep anxiety and concern over the complete and impartial implementation of the Dayton Peace Accords. The peace process had not been made irreversible. The vision of a united, multi-ethnic, multi- cultural State of Bosnia and Herzegovina within its internationally recognized boundaries and fully functional national institutions continued to face significant impediments. On the other hand, he continued, the Government of Bosnia and Herzegovina had fulfilled its obligations and commitments under the peace agreements. Pakistan was disappointed that the ideal of "peace with justice" continued to be defeated, especially by delays in the prosecution and punishment of those indicted for the crimes against humanity in the territory of the former Yugoslavia. The work of the International War Crimes Tribunal continued to be undermined by chronic shortage of necessary funds and resources. Another important issue was the return of refugees and displaced persons. That was a critical component of the Dayton Accords, he said, and should be realized as expeditiously as possible. The international community was obligated, morally, legally and politically, to provide and deploy the necessary resources to transform the country into a pivot of stability and tranquillity, not only in the Balkans, but beyond.

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He welcomed the conclusions of the recent London and Paris conferences and hoped they would lend fresh impetus to the consolidation of the peace process over the next two years. He announced that Organization of the Islamic Conference Assistance Mobilization Group for Bosnia and Herzegovina had continued to translate their political support into concrete action through contributions, and establishing a link with the Steering Board of the Peace Implementation Council. HASMY BIN AGAM (Malaysia) said much remained to be accomplished in Bosnia, including the establishment of functional common institutions, economic reconstruction and rehabilitation, the safe return of refugees and displaced persons, freedom of movement and full respect for human rights. The country needed massive infusion of external assistance to support the restoration of its infrastructure and to rehabilitate its devastated economy. The consolidation of peace was contingent upon the safe return of refugees and displaced persons. In addition, all parties must offer their full support to the International Tribunal for the Former Yugoslavia. MAJID TAKHT-RAVANCHI (Iran) said the peaceful and democratic reintegration of Bosnia was of the most vital concern. However, separatist elements were attempting to thwart that objective. Any attempt to violate the national unity or territorial integrity of Bosnia should be vigorously opposed. Effective and proper functioning of the International Tribunal must be guaranteed. The international community must ensure full compliance by all parties with the work of the Tribunal. Conditions for the safe return of refugees and displaced persons should be guaranteed. The economic reconstruction of Bosnia would strengthen the peace. All parties must fully abide by arms agreements. AHMED SAIF AL-MIDHADI (Qatar) said the non-application of parts of the Dayton Accords could obstruct the peace process and undermine trust. The rapid return of refugees, under safe conditions, must be ensured. War criminals must be brought to justice, as called for by the Dayton Agreement. Military balance was vital to the return of peace and stability. The army of Bosnia must be equipped in a way to ensure its territorial integrity. The provision of humanitarian and technical assistance was needed to ensure economic reconstruction, he said. Qatar had recently pledged to provide $5 million for the implementation of educational and health care projects. Charitable institutions from Qatar had financed other humanitarian projects. MASAKI KONISHI (Japan) said that the situation in the field had changed in the past year since the signing of the Dayton Peace Agreement and the people in the region had begun to enjoy the "fruits of peace". He pointed out however, that the path towards complete reconciliation was a long and difficult one, and the process of implementing the peace in Bosnia and Herzegovina was only at the first stage. Problems to be addressed included the early formation and function of common institutions, the repatriation of refugees and respect for human rights. In that regard, the recent conferences in Paris and London were significant in setting the course of the peace

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implementation process for the coming year and Japan fully supported the conclusions reached. The responsibility for peace implementation rested primarily with the authorities and the people of Bosnia and Herzegovina, he pointed out, and assistance from the international community for the achievement of that goal was predicated upon the compliance by the parties concerned with the Peace Agreement. He called upon them to comply fully, unconditionally and without further delay, with their commitments regarding the release of prisoners, implementation of the constitutional framework, guarantee of freedom of movement, cooperation with the International Criminal Tribunal, return of refugees and respect for human rights and international humanitarian law. Since the Dayton Accords, he added, Japan -- as a member of the Peace Implementation Council Steering Board -- had participated actively in international efforts to assist in the implementation of peace. It had made substantial contributions to the civilian aspects such as rehabilitation and reconstruction, the training of local police, the repatriation of refugees and displaced persons, and the elections of last September. DANILO TURK (Slovenia), aligning his country with the statement of Ireland on behalf of the European Union, noted that there were two issues which seemed central in the efforts to ensure the territorial integrity, political independence and democratic structure of Bosnia and Herzegovina. They were the return of refugees to their homes, and the effectiveness of the International Tribunal for war crimes. Without a meaningful, albeit gradual, voluntary repatriation of refugees, he said, there was very little hope that credible local elections could take place or that those institutions of democratic governance which were based on them could start to function. He pointed out that the pressures to prevent the return of refugees continued. The systematic destruction of homes where refugees wished to return had not stopped. Justice, he went on, had an inherent value in society. In the situation of Bosnia and Herzegovina, justice also represented an important political objective. It must separate those responsible for war crimes from other people, and thus contribute to the creation of conditions for coexistence of people in the future. The United Nations and its Security Council had assumed a particular responsibility for the realization of justice in Bosnia and Herzegovina, by creating the International war crimes tribunal. That responsibility included the duty to ensure that the Tribunal became effective. Stressing cooperation with the Tribunal, he said that justice would continue to be an important ingredient of the efforts for peace and would have to be served in a variety of ways, including the need to protect and strengthen human rights and to prevent violations.

Another aspect was ensuring that the international assistance for reconstruction of Bosnia and Herzegovina did not end up enriching the war criminals or assisting in maintaining their organizations. Regarding the strengthening of stability in the region, he said it was essential that in matters of succession of the former Yugoslavia, a former State which ceased to exist, the principle of equality of all five successor States was fully upheld.

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