SIXTH COMMITTEE CONCLUDES WORK OF CURRENT SESSION

Press Release
GA/L/3067

SIXTH COMMITTEE CONCLUDES WORK OF CURRENT SESSION

The General Assembly would ask the Committee on Relations with the Host Country to review its membership and composition and to consider proposals regarding them, under the terms of a draft resolution approved this morning by the Sixth Committee (Legal) as it concluded its work for the current session.

The text was approved incorporating an oral amendment proposed by Cuba, which added consideration of the Host Committee's composition to the original text which had only mentioned consideration of its membership. The amendment was approved by 42 votes in favour to none against, with 48 abstentions. (For details of the voting, see Annex.)

By other terms of the text, the Assembly would call upon the United States, as the host country, to review measures and procedures on the parking of diplomatic vehicles, so as to meet the growing needs of the diplomatic community. It would also urge the host country to consider lifting travel controls previously imposed on staff of certain missions and Secretariat staff members of certain nationalities.

The draft as a whole was approved by an unrecorded vote of 100 in favour to none against, with three abstentions.

By a draft resolution on the elimination of terrorism, approved without a vote, the Assembly would strongly condemn all acts, methods and practices of terrorism as criminal and unjustifiable. It would reiterate that criminal acts intended or calculated to provoke a state of terror in the general public for political purposes were unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or other nature that might be invoked to justify them.

The Assembly would reiterate its call upon States to refrain from financing, encouraging, providing training for or otherwise supporting terrorist activities. To enhance the efficient implementation of relevant legal instruments, the Assembly would reiterate its call upon States to

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intensify the exchange of information on facts relating to terrorism, so as to avoid the dissemination of inaccurate or unverified information.

By other terms of the text, the Assembly would decide that the Ad Hoc Committee on the issue meet from 16 to 27 February 1998 to continue its work on the elaboration of a convention on the suppression of nuclear terrorism. It would also meet from 28 September to 9 October 1998 as a working group of the Sixth Committee.

Under another text approved without a vote, the General Assembly would decide, that the Special Committee on the Charter of the United Nations and the Strengthening of the Role of the Organization should hold its next session from 26 January to 6 February 1998. The Special Committee would be asked to consider all proposals relating to the maintenance of international peace and security and to implementation of Charter provisions concerning assistance to third States affected by sanctions.

The Assembly would have the Security Council consider establishing further mechanisms or procedures to resolve the special economic problems of third States, resulting from the implementation of sanctions, under another text approved without a vote. It would strongly recommend that the Council continue its efforts to streamline the working procedures of its sanctions committees and to facilitate access to them by representatives of the affected States.

Rule 103 of the General Assembly's rules of procedure would be amended to allow for the election of three Vice-Chairmen instead of two, by another draft resolution approved without a vote. The Assembly would have the amendment take effect from its fifty-third session. It is intended to ensure the representation of all regional groups in the bureau of each of the Main Committees.

In a closing statement, Peter Tomka (Slovakia), Committee Chairman, praised the Codification Division of the Office of Legal Affairs for its work on the organization of the Colloquium on International Law in connection with the fiftieth anniversary of the International Law Commission, held last month at Headquarters.

Statements with respect to today's action were made by the representatives of Egypt, South Africa, Lebanon, Portugal, Israel, Canada, Pakistan, Norway, Sudan, Syria, Sweden, India, Cyprus, Cuba, Malaysia, Libya, United States, Costa Rica, the Netherlands, Brazil, Russian Federation and Germany.

The reports of the Sixth Committee on the work of its current session will be presented to the General Assembly for action at a date to be announced in the Journal.

Committee Work Programme

The Sixth Committee met this morning to take action on draft resolutions on measures to eliminate international terrorism, the report of the Special Committee on the United Nations Charter, assistance to third States affected by sanctions, amending the General Assembly's rules of procedure, and the report of the Committee on Relations with the Host Country.

By a draft resolution proposed by the Committee Chairman on measures to eliminate international terrorism (document A/C.6/52/L.24), the Assembly would reaffirm the mandate of the Ad Hoc Committee it established to consider that question and decide that it should meet from 16 to 27 February 1998. At that meeting, it would continue its work on the elaboration of an international convention for the suppression of nuclear terrorism. It would also address means of further developing a comprehensive legal framework of conventions dealing with international terrorism.

The Assembly would also recommend that the Ad Hoc Committee's work should continue from 28 September to 9 October 1998, during the Assembly's fifty-third session, within the framework of a working group of the Sixth Committee. It would further recommend that the Ad Hoc Committee be convened in 1999 to continue its work. The International Atomic Energy Agency (IAEA) would be asked to assist the Ad Hoc Committee in its deliberations.

By other terms of the text, the Assembly would strongly condemn all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomsoever committed. It would reiterate that criminal acts intended to provoke a state of terror in the general public, a group of persons or particular persons for political purposes were unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or other nature that might be invoked to justify them.

The Assembly would reiterate its call upon all States to adopt further measures in accordance with the relevant provisions of international law, including international human rights standards, to prevent terrorism and to strengthen international cooperation in combating it. Towards that end, they would be asked to implement specific measures set out in the Assembly's resolution 51/210 of 17 December 1996. Those measures include consultations on improving the capability of Governments to deal with terrorist attacks, research and development on the detection of explosives and other harmful substances, and measures to counter the financing of terrorists and terrorist organizations.

Also under the text, the Assembly would reiterate its call upon States to intensify the exchange of information on terrorism and to refrain from financing, encouraging, providing training for, or otherwise supporting, terrorist activities. It would urge them to consider, as a matter of

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priority, becoming parties to relevant instruments dealing with terrorism and to enact domestic legislation to implement those conventions and protocols. They should ensure that the jurisdiction of their courts enabled them to bring to trial the perpetrators of terrorist acts.

By a draft resolution on the Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the role of the Organization (document A/C.6/52/L.9 and Corr.1), the Assembly would decide that the Special Committee should hold its next session from 26 January to 6 February 1998. The Special Committee would be asked to consider all proposals concerning the maintenance of international peace and security, in order to strengthen the role of the United Nations.

Proposals before the Committee include a working paper on the basic conditions and criteria for imposing and implementing sanctions and other enforcement measures. Another concerns a draft declaration on the basic principles and criteria for the work of United Nations peacekeeping missions, and mechanisms for the prevention and settlement of crises and conflicts.

The Special Committee would also be asked to continue giving priority consideration to the implementation of Charter provisions relating to assistance to third States affected by the application of sanctions under its Chapter VII. It would continue its work on the question of the peaceful settlement of disputes between States, enhancing the role of the International Court of Justice, and proposals concerning the Trusteeship Council.

The Assembly would invite Member States, States Parties to the Statute of the Court, and the Court itself if it so desired, to present to the Assembly their comments on the consequences of the increase in the volume of its cases on the operation of the Court. The Secretary-General would be asked to make every effort to implement in a timely manner the steps proposed in his report on the preparation and publication of supplements to the Repertoire of the Practice of the Security Council and the Repertory of Practice of United Nations Organs to update them.

The draft is sponsored by the Czech Republic, Egypt, Portugal, Romania, Slovakia, Tunisia, Uruguay and Venezuela.

Also before the Committee is a draft resolution proposed by the Committee Chairman on the implementation of Charter provisions on assistance to third States affected by sanctions (document A/C.6/52/L.14). By its terms, the Assembly would renew its invitation to the Security Council to consider establishing further mechanisms for consultations, as early as possible, to resolve the special economic problems of third States resulting from the implementation of preventive or enforcement measures imposed by it under Chapter VII of the Charter. The mechanisms would include appropriate ways and means to increase the effectiveness of the methods and procedures applied by the Council to consider their requests for assistance.

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The Assembly would strongly recommend that the Council continue its efforts to further enhance the functioning of its sanctions committees, to streamline their working procedures, and to facilitate access to them by representatives of those States. It would reaffirm the important role of the General Assembly, the Economic and Social Council and the Committee on Programme and Coordination in mobilizing and monitoring economic assistance efforts by the international community and the United Nations system for the affected States, and in identifying solutions to their special economic problems.

In addition, the Assembly would endorse a proposal of the Secretary- General to convene, in the first half of 1998, a meeting of an ad hoc expert group to develop a possible methodology for assessing such consequences of sanctions. The expert group would also be asked to consider the particular problems of developing countries facing special economic problems arising from sanctions, and to explore innovative and practical measures which could be used by relevant organizations to assist them. The Secretary-General would also be asked to continue his efforts to develop innovative measures to help the affected States.

A draft resolution on amending the Assembly's rules of procedure (document A/C.6/52/L.8), recommended by the Charter Committee, would have the Assembly amend the first sentence of rule 103. It would read as follows: "Each Main Committee shall elect a Chairman, three Vice-Chairmen and a Rapporteur." The amendment would take effect from the Assembly's fifty-third session. Rule 103 currently provides for the election of two Vice-Chairmen. The amendment is intended to ensure the representation of all regional groups in the bureau of each Main Committee.

By a draft resolution on the Report of the Committee on Relations with the Host Country (document A/C.5/52/L.10/Rev.1), the Assembly would call upon the host country 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, and to consult with the Host Country Committee on that issue. It would ask the host country to take steps, in conjunction with the competent authorities, to resolve the problem of parking of diplomatic vehicles, in order to maintain appropriate conditions for the functioning of the delegations and missions in a way that was fair, non-discriminatory, efficient and consistent with international law.

The Host Country Committee would also be asked to review its membership and to report to the Assembly on the results of those deliberations. It would be considered important that any new parking regulations proposed by the host country to the diplomatic community be worked out in consultation with the Host Country Committee, with due regard being given to diplomatic privileges and immunity.

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The draft resolution is sponsored by Bulgaria, Canada, Costa Rica, Côte d'Ivoire and Cyprus.

Action on Daft Texts

HUSSEIN MUBARAK (Egypt) introduced the draft resolution on the report of the Charter Committee. He announced that Brazil, Finland, the Philippines, Indonesia and Ukraine had joined in sponsoring it.

ROY S. LEE, Committee Secretary, drew attention to the implementation of the activities required of the Secretary-General under the draft resolution for the preparation and publication of the supplements to the Repertoire of the Practice of the Security Council and the Repertory of Practice of United Nations Organs to update them. He said that would require the equivalent of 1,017 work-months for the 1998-1999 biennium and involve the work of seven different Secretariat departments and offices. It was envisaged that the resource requirements for those activities would be met from resources included in the proposed programme budget for the 1998-1999 biennium. Consequently, should the Assembly adopt the draft resolution, no additional appropriations would be required. However, there would still be a backlog of the Repertory for the years after 1985, for which the related resource requirements would be addressed in the proposed programme budget of the concerned departments and offices for the succeeding biennium.

The Committee then approved the draft without a vote.

CRAIG J. DANIELL (South Africa) introduced the draft resolution on assistance to third States affected by sanctions.

The draft was approved without a vote.

The representative of Lebanon said he hoped the Secretariat would proceed with implementation of its provisions.

PAULA VENTURA DE CARVALHO ESCARAMEIA (Portugal) introduced the draft resolution on amending the Assembly's rules of procedure. She said that there was a practical need to expand the bureaus of the Main Committees to meet their increased workload.

The draft was approved without a vote.

The representative of Israel said he welcomed any initiative intended to help the Main Committees improve their workload. His delegation was being discriminated against because it was not represented in any of the regional groups.

The representative of Lebanon stressed that the system of fair groupings had been agreed upon by consensus and no issue should be considered outside

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agreed guidelines. It would be easy for every country to belong to a group once all agreed to abide by the rules and decisions of the world body.

The Chairman drew attention to a recent meeting between the President of the Assembly and the Chairmen of the Main Committees. He said they had welcomed his information that the Sixth Committee would act on the draft amendment to the Assembly's rules of procedure.

The meeting was suspended to enable delegations to obtain copies of the draft resolution on measures to eliminate international terrorism.

Upon resumption of the meeting, JOHN HOLMES (Canada) introduced the draft resolution on measures to eliminate international terrorism. He said it incorporated texts proposed by Sri Lanka, the Russian Federation and Pakistan. Many of its paragraphs were drawn closely from General Assembly resolution 51/210, with minor amendments aimed at updating and improving the text.

The representative of Lebanon welcomed the flexibility demonstrated by delegations, which had enabled the Committee to tackle a difficult and long- standing issue. The draft resolution reflected the strong will of the Sixth Committee to work together in harmony to suppress international terrorism.

The representative of Pakistan said that through the draft, the Sixth Committee had made great progress in combatting international terrorism in all its forms.

The representative of Israel said his delegation had been proud to be part of the informal consultations on the text and wished to participate in any further informal consideration of the issue.

The representative of Egypt asked for a clarification regarding operative paragraph 9 of the text. Did it allow nations with observer status to take part in the Ad Hoc meetings to be held from 28 September to 9 October?

The Chairman said that all rules which had applied to this year's meetings of the Ad Hoc Committee would also apply to its meetings next year.

The draft resolution on measures to eliminate international terrorism was approved without a vote.

The representative of Norway said that although his country had not opposed the draft, it did object to certain aspects of it. Rather than attempting to create new instruments on the issue, States should participate in and adhere to the existing resolutions on the matter.

The representative of Sudan said it was the duty of the United Nations to ensure that the resolution was scrupulously applied. The elimination of

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terrorism would allow States to focus their attention on social and economic development.

The representative of Syria said there was a need to develop in the future a clear definition of international terrorism that was generally accepted. Such a definition must distinguish between acts of terror and the right of peoples to free their territory. The struggle for liberation was not terrorism.

The representative of Sweden said his delegation had supported the draft but had difficulties regarding its eighth preambular paragraph. By its terms, the Assembly would bear in mind the possibility of considering the elaboration of a comprehensive convention on international terrorism. His delegation preferred looking at specific international instruments instead of a comprehensive convention.

The representative of India said the draft resolution would fill gaps in legislation on international terrorism. The piecemeal approach taken in the past had not dealt properly with the issue of terrorism. The current draft resolution represented a practical rather than dogmatic approach to combating terrorism.

CONSTANTINE MOUSHOUTAS (Cyprus) introduced the draft resolution on the report of the Committee on Relations with the Host Country. He read out an oral revision to operative paragraph 7, which would now read as follows: "Requests the Committee [on the Host Country], to review its membership in all its aspects with the participation of the observers, to consider various proposals regarding its membership and to report on the results of its deliberations to the General Assembly at its fifty-third session."

The representative of Cuba said her delegation objected to the paragraph because it would have the Host Country Committee review its membership. It was for the General Assembly to decide to increase the size of the Committee. Many delegates realized that the Host Country Committee was an extremely limited body and that the threat of a "veto" was continually present and affected its work.

She said the paragraph should read as follows: "Requests the Committee to review it membership and composition with the participation of observers, to consider proposals regarding its membership and composition and to report on the results of its deliberations to the General Assembly at its fifty-third session." Cuba insisted that the word "composition" be added to the text, she said.

The representative of Malaysia said that since 1971 the membership of the United Nations had increased by 53 States. There were also more observer members in the Host Country Committee, which was an encouraging development. Malaysia would support the Cuban proposal.

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The representative of Libya said the responsibility of considering the composition or expansion of the Host Country Committee belonged to the General Assembly and not to the Committee itself.

The representative of the United States said the paragraph read out by the representative of Cyprus only asked the Committee to make recommendations to the General Assembly, which would have the final decision. At the current stage, the text should not be changed.

The representative of Syria said the subject of the participation of all members in the Host Country Committee and of its composition was important to all States. Syria supported the Cuban proposal.

The representative of Cuba said her delegation did not want in any way to reply directly to the United States' statement. However, that country had not respected its own obligations as a contributor to the United Nations, in a clear case of manipulation. The proposed revision presented by Cyprus was not the result of compromise; the issue should be put to a vote.

The representative of Canada said it would appear that there was a misunderstanding over what had taken place during informal negotiations. It was his delegation's understanding that the proposed revision was in the best interests of the Sixth Committee. He suggested suspending the meeting to allow for further consultations on the matter.

In the discussion following the meeting, the representative of Cuba insisted that her amendment be put to a vote. The representatives of Costa Rica and the Netherlands asked Cuba to reconsider its position. The representative of Brazil said it would be a shame if agreement was not reached.

The representative of Lebanon, expressing support for the Cuban proposal, said the Committee should support a clear mandate for the Host Country Committee. The spirit of reform should be reflected in its work, based on democracy and transparency. The rights of every State should be respected.

The Chairman asked whether the Committee wished to vote on the Cuban amendment. The representative of the Netherlands said it would pose a problem for his delegation, as he could not obtain instructions from his Government before next Monday.

The representatives of the Russian Federation and Germany, speaking before the vote, said they could not go along with the Cuban proposal.

The representative of Cuba called for a recorded vote on her proposal, which was approved by 42 votes in favour, to 20 against, with 48 abstentions. (For details of the vote, see Annex.)

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The representative of Zimbabwe said she had voted in favour of the amendment, contrary to what appeared on the voting machine.

The representative of the United States said that, because of the "manifest bad faith of the last hour", he had abstained. He asked for a vote on the draft resolution as a whole. To a proposal by the Chairman that the vote be taken by a show of hands, he said the voting machine could be used for a non-recorded vote.

The draft resolution was approved as a whole by a non-recorded vote of 120 in favour, to none against, with 3 abstentions.

The representative of the Netherlands said his delegation would have wished to consult with his Government. He understood that the rules provided for a delay to allow for such consultations. He had hoped that would have been borne in mind by those who requested the vote.

(Annex follows)

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Sixth Committee Press Release GA/L/3067 34th Meeting (AM) 21 November 1997

ANNEX

Vote on Proposed Amendment by Cuba

The proposed oral amendment by Cuba to the draft resolution on the report of the Committee on Relations with the Host Country was approved by a recorded vote of 42 in favour to 20 against, with 48 abstentions, as follows:

In favour: Algeria, Bahamas, Bahrain, Botswana, Brazil, Brunei Darussalam, Djibouti, Dominican Republic, Ecuador, Egypt, Guyana, Haiti, India, Indonesia, Iran, Jamaica, Kenya, Lao People's Democratic Republic, Libya, Malaysia, Maldives, Mexico, Namibia, Nigeria, Pakistan, Panama, Paraguay, Peru, Philippines, Sudan, Suriname, Syria, Thailand, Trinidad and Tobago, Tunisia, Turkey, Uganda, Uruguay, Venezuela, Viet Nam, Zambia.

Against: Austria, Bulgaria, Canada, Costa Rica, Côte d'Ivoire, Cyprus, Czech Republic, Fiji, Georgia, Germany, Honduras, Israel, Latvia, Lithuania, Russian Federation, Spain, Ukraine, United Kingdom, United States, Zimbabwe.

Abstain: Argentina, Australia, Bangladesh, Belarus, Belgium, Benin, Bolivia, Cameroon, Chile, Colombia, Democratic Republic of Congo, Denmark, Ethiopia, Finland, France, Gabon, Ghana, Greece, Guinea, Guinea-Bissau, Hungary, Iceland, Ireland, Italy, Japan, Kyrgyzstan, Liechtenstein, Malta, Morocco, Nepal, Netherlands, Nicaragua, Norway, Portugal, Republic of Korea, Republic of Moldova, Romania, San Marino, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Sri Lanka, Swaziland, Sweden, The former Yugoslav of Macedonia, Togo.

Absent: Afghanistan, Albania, Andorra, Angola, Antigua and Barbuda, Armenia, Azerbaijan, Barbados, Belize, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Chad, China, Comoros, Croatia, Cuba, Democratic People's Republic of Korea, Dominica, El Salvador, Equatorial Guinea, Eritrea, Estonia, Federated States of Micronesia, Grenada, Guatemala, Jordan, Kazakhstan, Kuwait, Lebanon, Lesotho, Liberia, Luxembourg, Madagascar, Malawi, Mali, Marshall Islands, Mauritania, Mauritius, Monaco, Mongolia, Mozambique, Myanmar, New Zealand, Niger, Oman, Palau, Papua New Guinea, Poland, Qatar, Republic of the Congo, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Tajikistan, Turkmenistan, United Arab Emirates, United Republic of Tanzania, Uzbekistan, Vanuatu, Yemen.

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