FIFTH COMMITTEE DECIDES BY VOTE TO INCREASE NUMBER OF UN OFFICIAL HOLIDAYS TO 10, INCLUDING EID AL-FITR AND EID AL-ADHA

26 March 1998

Press Release
GA/AB/3223

FIFTH COMMITTEE DECIDES BY VOTE TO INCREASE NUMBER OF UN OFFICIAL HOLIDAYS TO 10, INCLUDING EID AL-FITR AND EID AL-ADHA

19980326 Committee also Acts on Peacekeeping Financing, Code of Conduct, Palais Wilson Accommodations, Terms of Reference Governing United Nations Audit

Acting by recorded vote, the Fifth Committee (Administrative and Budgetary) tonight decided to increase the number of official United Nations holidays by one day, bringing the total to 10, including the two holidays of Eid Al-Fitr and Eid Al-Adha.

The draft decision, which was sponsored by the "Group of 77" developing countries and China, was approved by a vote of 54 in favour to 25 against, with 2 abstentions (New Zealand and Ukraine). (For details of the vote, see Annex III.)

That text was the subject of two other votes. By a vote of 31 in favour to 46 against, with no abstentions, the Committee rejected a motion to suspend the meeting in order to attempt to reach consensus on the draft text (See Annex I.)

By a vote of 28 in favour to 43 against, with 7 abstentions (Argentina, Brazil, Canada, Chile, Colombia, Ukraine, Uruguay), the Committee rejected an amendment proposed by the United States, under which the number of United Nations holidays would remain at nine, and the Secretary-General would be requested to take into account local customs and practices of Headquarters and duty stations when determining the calendar of officially observed holidays. (See Annex II.) Speaking on the proposed change to the draft, several States said the proposal was not an amendment, but rather a distinct text.

Statements in explanation of position on the text on United Nations holidays were made by Mexico, Russian Federation, United Kingdom (on behalf of the European Union), Canada, Indonesia (on behalf of the Group of 77 and China), New Zealand, Syria, Australia, Japan, United States, Cote d'Ivoire, Iran, Kuwait, Qatar (on behalf of the Organization of the Islamic Conference), Saudi Arabia, Latvia, Argentina, Sudan and Libya.

By an oral draft decision on the proposed code of conduct for United Nations staff, which was approved without a vote, the Assembly would invite

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the International Civil Service Commission (ICSC) to examine the proposed code as a matter of priority, at its forthcoming session. It would also request the Fifth Committee, in the light of the ICSC's comments, to revert to the matter during its resumed fifty-second session, with a view to taking a decision on it.

Statements in explanation of position on the draft on proposed code of conduct for United Nations staff were made by the representatives of New Zealand, Syria, the United States, Australia and the United Republic of Tanzania.

Also this evening, acting without a vote on peacekeeping financing, the Committee decided:

-- To appropriate a total of $175 million gross ($170.7 million net) -- inclusive of the $155 million gross ($150.4 million net) already appropriated -- for the period from 1 July 1997 to 30 June 1998 to the United Nations Observer Mission in Angola (MONUA), subject to the Security Council's decision to extend the mandate of the Mission beyond 30 April 1998; and

-- To appropriate for the United Nations Mission of Observers in Tajikistan (UNMOT) a total amount of $15 million gross ($14.3 million net) for the expansion of that Mission for the period from 1 July 1997 to 30 June 1998, inclusive of the almost $8.3 million gross ($7.7 million net) already appropriated.

In other action, the Committee decided, on apportioning of peacekeeping expenses, that Slovakia would be included in group C of Member States -- which pay 20 per cent of their regular budget assessment rates to peacekeeping. It also decided that the arrangement would apply for the 1998 assessments for the International Criminal Tribunals for Rwanda and for the Former Yugoslavia. Consideration of the financing of the Rwanda Tribunal was deferred until its next resumed session.

Statements in explanation of position on the above action were made by the representatives of Ukraine, United Kingdom (on its own behalf and for the European Union), United States, Slovakia, France (for the permanent members of the Security Council), Indonesia (on behalf of the Group of 77 and China), Mexico and China.

In further action, the Committee approved, as orally amended, a draft introduced by its Chairman, Anwarul Karim Chowdhury (Bangladesh), by which the Assembly would accept the offer of the Swiss authorities for office accommodation at the Palais Wilson in Geneva. The representatives of Cameroon and Cuba spoke in explanation of position.

Also introduced by the Chairman was an oral decision under which the Assembly would take note of the report of the Advisory Committee on

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Administrative and Budgetary Questions (ACABQ) on the United Nations International Partnership Trust Fund -- established to manage the $1 billion donation from Ted Turner -- and request the Secretary-General to report regularly to it on the subject.

By another text approved, on financial reports and audited statements of the Board of Auditors, the Assembly would approve the revision of the terms of reference governing the audit of the United Nations.

By other actions this evening, the Committee decided to:

-- Take note of the report of the ACABQ report on United Nations operations in Haiti;

-- Consider the report of the Office of Internal Oversight Services on the audit of the use of consultants at its fifty-third session;

-- Defer to its fifty-third session its consideration of the Secretary-General's report on respect for privileges and immunities of officials of the United Nations and the specialized agencies and related organizations; and

-- Defer consideration of its working methods to its next resumed session.

In other action, the Committee recommended the appointment of Kevin Haugh (Ireland) as a member of the United Nations Administrative Tribunal.

Also this evening, the Assistant Secretary-General for Human Resources Management, Rafiah Salim, responded to delegate's questions on pattern of conferences.

The Fifth Committee is scheduled to meet again at 3 p.m. tomorrow, 27 March, to take action on all outstanding issues before concluding the first part of its resumed session.

Committee Work Programme

The Fifth Committee (Administrative and Budgetary) met this afternoon to take action on draft texts on financial reports and reports of the Board of Auditors; aspects of the programme budget for the biennium 1998-1999; financing of the United Nations Mission of Observers in Tajikistan (UNMOT) and of the United Nations Observer Mission in Angola (MONUA); and administrative and budgetary aspects of the financing of the United Nations peacekeeping operations.

It was also expected to take oral decisions on financing peacekeeping missions in Haiti; review of the Organization's administrative and financial functioning; and human resources management; as well as to consider an appointment to the United Nations Administrative Tribunal.

(For background on review of the Organization's efficiency, see Press Release GA/AB/3218 of 19 March; for the report on the United Nations International Partnership Fund -- considered under the agenda item of the 1998-1999 budget -- see Press Release GA/AB/3220 of 21 March; for reports on financing peacekeeping missions in Haiti, see Press Release GA/AB/3219 of 20 March; for the report on the use of consultants in 1996, see Press Release GA/AB/3215 of 12 March.)

Draft Texts

By a draft resolution on the financial reports and audited statements and reports of the Board of Auditors (A/C.5/L.28), the Assembly would approve the revised text of the additional terms of reference governing the audit of the United Nations and accept the Board's recommendations for improving the implementation of its recommendations, subject to the provisions of the present resolution. The Assembly would also emphasize that primary managerial responsibility and accountability for the implementation of the recommendations of the Board of Auditors should remain with the department heads and programme managers.

Also by the draft the Assembly would endorse the proposals of the Board concerning accountability for the implementation of its recommendations, with the provision that officers whose titles or positions are to be disclosed for purposes of accountability should be at the level of programme manager or department head, as appropriate. Further by the draft, the Assembly would accept the Board's proposals concerning change in reporting arrangements and would invite the Secretary-General and the Board to cooperate in establishing a practical and efficient procedure for implementing the proposed changes.

The Committee had before it a draft decision on office accommodation at the Palais Wilson, in Geneva (document A/C.5/52/L.23/Rev.1). By the terms of the draft, the General Assembly would approve the Secretary-General's proposal

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to accept the offer of the Swiss Authorities to place office accommodation at the Palais Wilson at the disposal of the United Nations.

Also by the draft, the Assembly would note that the cost of the move is estimated at about $5.8 million, of which the Government of Switzerland would contribute almost $3.9 million. The balance of just under $2 million would be covered from existing resources of the United Nations programme budget for the 1998-1999 biennium, available for the provision of accommodation at Geneva.

In other terms of the draft, the Assembly would express appreciation to the Government of Switzerland for its offer to grant rent-free accommodation at the Palais Wilson until the year 2000, request that it ensure the extension of the rent-free arrangement beyond 2000 and invite the Secretary-General to continue his efforts to have the assurance of the Swiss authorities in that regard. The Assembly would decide to consider the proposals to build two additional conference rooms at the Palais Wilson in light of a cost-benefit analysis on the use of the existing conference facilities available at the Palais des Nations. It would also decide to consider the issue of office accommodation at its fifty-fourth session, in light of the decision to be taken in respect of the International Decade for Natural Disaster Reduction.

By a draft resolution on the financing of UNMOT (document A/C.5/52/L.25), the Assembly would decide to appropriate to the Special Account for that Mission $15 million gross ($14.3 million net) for the expansion of the Mission for the period from 1 July 1997 to 30 June 1998, inclusive of the $8.3 million gross ($7.7 million net) already appropriated under the provisions of Assembly resolution 51/237.

Also by the draft the Assembly would decide, as an ad hoc arrangement, to apportion $5.4 million gross ($5.3 million net) for the period ending 15 May 1998 among Member States, in addition to the amount of some $7.2 million gross ($6.8 million net) already apportioned for the period ending 15 May 1998.

The Assembly would further decide, as an ad hoc arrangement, to apportion the amount of just under $2.4 million gross ($2.3 million net) for the period from 16 May to 30 June 1998 among Member States, subject to the decision of the Security Council to extend the mandate of the Mission beyond 15 May 1998.

By a draft resolution on administrative and budgetary aspects of the financing of United Nations peacekeeping operations (document A/C.5/52/L.27), the Assembly would decide, as an ad hoc arrangement, in respect of the apportionment of peacekeeping expenses, that, from 1 April 1998, Slovakia shall be included in group C, economically less developed Member States and would therefore pay 20 per cent of their regular budget assessment rates. Its contributions to the financing of peacekeeping operations shall be calculated

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in accordance with the scale of assessments approved by the Assembly last December and subsequent resolutions to be adopted by the Assembly concerning future scales of assessments.

For the period from 1 January 1997 to 31 March 1998, Slovakia would be included in group C and that its contributions to the financing of peacekeeping operations for that period should be calculated in accordance with the relevant scales of assessments approved by the Assembly in 1994 and 1995.

The Assembly would further decide that the contributions of Slovakia for the financing of peacekeeping operations in respect of assessments issued during the period from 1 January 1997 to 31 March 1998 should be credited to Member States in proportion to their effective rates of assessment for the financing of peacekeeping operations during that period.

[Assembly resolution 43/232 of 1 March 1989 arranged Member States into four groups, by which their share of the payments for peacekeeping operations was to be determined. The States in group D would pay 10 per cent of the assessment rates established for the regular budget; the States in group C would pay 20 per cent of the regular budget assessment rates; the States in group B would pay 100 per cent of their regular budget assessment rates; the States in group A -- permanent members of the Security Council -- would pay the amounts not otherwise apportioned.

By the terms of a draft resolution on the financing of the United Nations Angola Verification Mission (UNAVEM III) and the financing of MONUA (document A/C.5/52/L.29), the Assembly would decide to appropriate to the Special Account for the Mission a total amount of $175 million gross ($170.7 million net) for the Mission's operation from 1 July 1997 to 30 June 1998, inclusive of the $155 million gross ($150.4 million net) already appropriated and authorized under the provisions of its resolution 52/8.

United Nations Administrative Tribunal

An addendum to a note by the Secretary-General on appointments to fill vacancies in subsidiary organs and other appointments (document A/52/105/Add.1) states that the Secretary-General received notification of the death of Francis Spain (Ireland), who was a member of the United Nations Administrative Tribunal. Accordingly, the General Assembly will be required at its current session to appoint a person to serve for the remainder of the term of office of Mr. Spain, which expires on 31 December 1998.

In another addendum (document A/C.5/52/9/Add.1), the Secretary-General states that the Government of Ireland has nominated Kevin Haugh to fill this vacancy, and transmits his curriculum vitae.

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Privileges and Immunities

Twenty-two United Nations civilian personnel members lost their lives from 1 July 1996 through 30 June 1997 while performing their duties, according to the Secretary-General's report on respect for the privileges and immunities of United Nations officials (document A/C.5/52/2). Forty-seven staff were held hostage, and others were raped, beaten, harassed and attacked in the performance of their functions.

Presented on behalf of the members of the Administrative Committee on Coordination (ACC) and based on information from system bodies, offices and Missions, the report emphasizes that host governments bear the primary responsibility for the security and protection of staff members, as well as their family members and property. In March 1997, the Security Council issued a presidential statement saying that the host country and others concerned must take all appropriate steps to ensure the safety and security of United Nations personnel and premises. The United Nations is entitled to enjoy those privileges and immunities which are necessary for the fulfilment of its purposes, according to Article 105 of the Charter.

In an effort to improve staff security in the field, the United Nations Security Coordinator held an ad hoc inter-agency meeting on security from 6 to 8 May 1997, according to the report. The Secretary-General invites those States which have not yet done so to become party to the Conventions on the Privileges and Immunities of the United Nations and of the Specialized Agencies, as well as the Convention on the Safety of United Nations and Associated Personnel.

The Assembly would also decide, as an ad hoc arrangement, to apportion the additional amount of $20 million gross (almost $20.4 million net) for the period from 1 July 1997 to 30 June 1998 among Member States, subject to the Security Council's decision to extend the mandate of MONUA beyond 30 April 1998.

By other provisions, the Assembly would also request that the Secretary- General continue efforts to employ locally recruited staff for the Observer Mission against General Service posts, commensurate with operational requirements.

He would also be requested to submit to the Assembly, before the second part of its resumed fifty-second session, the report of the Office of Internal Oversight Services on the procurement process in the Verification Mission and the report on efforts to recover losses. The Assembly would note the difficulties in labour relations at the Observer Mission and request the Secretary-General to report on the matter during the second part of its fifty- second resumed session. It would also decide to keep the financing of UNAVEM III and MONUA under review during its fifty-second session.

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Appointment to United Nations Administrative Tribunal

The Committee recommended by acclamation the appointment of Kevin Haugh (Ireland) as a member of the United Nations Administrative Tribunal to serve the remainder of the term of office of Francis Spain until 31 December.

Statements on Pattern of Conferences

ANWARUL KARIM CHOWDHURY (Bangladesh), Committee Chairman, said that yesterday afternoon the Bureau of the Committee had decided that it would be advisable to allow the Committee more time to consider the draft resolution on holidays so that consensus could be reached. However, as several delegations had expressed interest in addressing the subject this afternoon, it might be useful to see if there were any new developments that would allow a decision to be taken on the matter.

LAURIE LERNER SHESTACK (United States) said she wished to propose an amendment to the draft. It was important to remain cognizant of the secular nature of the Organization. As it was, the current draft did not respect the intent and spirit of the United Nations Charter. She proposed the following amended text:

"The General Assembly,

"Reiterating resolution 52/214 of 22 December 1997, decides that the United Nations official holidays shall be maintained at nine days and requests the Secretary-General to take into account, inter alia, the local customs and practices of the United Nations Headquarters and other duty stations when determining the calendar of officially observed holidays."

PRAYONO ATIYANTO (Indonesia), speaking on behalf of the "Group of 77" developing countries and China, said that as the Group had stated in its previous introduction of the draft, it wished to reiterate its full confidence and readiness to consider any constructive comments made by members of the Committee. In light of the United States' statement, he suggested a short suspension so that the Group could confer.

Mr. CHOWDHURY (Bangladesh), Committee Chairman, suggested that the pending actions be taken up first.

Mr. ATIYANTO (Indonesia) said the Group would respect the Chairman's suggestion.

Mr. CHOWDHURY (Bangladesh), Committee Chairman, said he appreciated the willingness of the Chairman of the Group to be supportive of the Committee's work.

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NICHOLAS THORNE (United Kingdom), speaking on behalf of the European Union, stressed that the subject was the prerogative of the Secretary-General and asked if the Assistant Secretary-General for Human Resources Management, Rafiah Salim, could comment on the subject.

RAFIAH SALIM, Assistant Secretary-General for Human Resources Management, said that she had spent her lunchtime discussing the subject on the thirty-eighth floor. Because the Secretary-General found it difficult to make any decision on the subject, and because it was believed that his original interpretation was in full compliance with resolution 52/214, as of now there was nothing much that she could add.

Mr. CHOWDHURY (Bangladesh), Committee Chairman, said the Committee should act on the pending decisions before it, then return to the item of official holidays later in the meeting.

Action on Draft Texts

The Committee then approved the draft on financial reports and reports of the Auditors without a vote.

NESTER ODAGA-JALOMAYO (Uganda) asked when the draft had been introduced.

Mr. CHOWDHURY (Bangladesh), Committee Chairman, said he had just introduced the draft.

ULDIS BLUKIS (Latvia), who had coordinated the Committee's discussion on the item, read out two technical changes to the text.

Turning next to the Committee's working methods, the Committee Chairman drew attention to a paper dated 24 March on the Committee's working methods. When that paper had been introduced during an informal meeting, delegations had decided they needed time to comment on the paper. Because of the shortness of time, the Committee should take up the matter again in May, during its resumed session, he suggested.

The Committee decided to resume its consideration of the matter at its next session.

The Committee then turned to the proposed United Nations code of conduct, which was being discussed under three agenda items: review of the Organization's administrative and financial efficiency, human resources management and United Nations reform.

Mr. CHOWDHURY (Bangladesh), Committee Chairman, then read out an oral draft decision, the text of which reads as follows:

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"The General Assembly,

"Having considered the report of the Secretary-General on the proposed United Nations code of conduct (document A/52/488), and taking into account the views expressed by Member States,

"(a) Invites the International Civil Service Commission (ICSC) to examine the proposed code of conduct, as a matter of priority, at its forthcoming session,

"(b) Requests the Fifth Committee, in the light of the comments and observations of the ICSC to revert to the question of the proposed United Nations code of conduct during its resumed fifty-second session, with a view to taking a decision on it."

WEN CHIN POWLES (New Zealand) said her delegation wanted to ensure that the ICSC gave the matter priority. The proposed code of conduct had been under consideration for four years. The ICSC should discuss the matter and give comments to the Committee before the next part of its resumed session.

For the record, she said, New Zealand did not consider it appropriate to send the draft to the ICSC, because the proposed code did not apply system- wide. However, in view of other delegations' feelings on the matter, the ICSC's consideration should be done as quickly as possible.

TAMMAM SULAIMAN (Syria) said his delegation had concurred with the proposal to send the draft to the ICSC. However, it also believed that the Advisory Committee on Administrative and Budgetary Questions (ACABQ) should study the proposed code. The Committee was in need of an administrative opinion from that body on the code.

JAMES BOND (United States) said his delegation did not believe that referral to the ICSC was warranted or necessary, but understood that it had to be done. In resolution 52/12B, the Assembly had stressed the need for an expeditious decision on the code. The ICSC should take up the matter with speed and enable the Committee to take action on it.

The Committee then approved the decision, acting without a vote.

Mr. SULAIMAN (Syria) said the Chairman moved quickly. His delegation had wanted to postpone the decision until tomorrow to give Member States a chance to consider giving the matter to the ACABQ. Referring the proposed code to the ACABQ would contribute to making the Committee's decision more informed. Therefore, the matter should be postponed until tomorrow.

MILES ARMITAGE (Australia) said his delegation had raised questions earlier about the purpose of referring the code to the ICSC. To add yet

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another intergovernmental body to the list of those to review the draft code would present difficulties to his delegation, given that its main objective on the item was to expedite it.

MUHAMMAD YUSSUF (United Republic of Tanzania) asked whether or not the resolution had been approved. His delegation was not ready to submit the text to the ACABQ. The ICSC was a competent body to examine the text and come up with recommendations.

Mr. CHOWDHURY (Bangladesh), Committee Chairman, said that if delegations wanted to present their views he would listen. He stressed that it would take a long time to reach a consensus and appealed to the representative of Syria to accept the decision. He noted that everyone had emphasized the importance of the code; there had been different ways to go about it.

Mr. SULAIMAN (Syria) indicated that he would agree.

Mr. CHOWDHURY (Bangladesh), Committee Chairman, proposed that paragraph f of the draft decision on office accommodation at the Palais Wilson read as follows: "Decides that a cost-benefit analysis on the use of the existing conference facilities available at the Palais des Nations in Geneva shall be submitted to the General Assembly at its next resumed fifty-second session;"

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

PAUL EKORONG A NDONG (Cameroon) said that it was true that things had been finished quickly. The Chairman had said that the rest of the text would remain as it stood. He asked what had been done with the part of the sentence in that paragraph which was in square brackets.

Mr. CHOWDHURY (Bangladesh), Committee Chairman, said the part in square brackets would be deleted.

EVA SILOT BRAVO (Cuba) said her delegation regretted that the Committee had been unable to clearly decide which entity should carry out the cost- benefit study. That lack of guidance showed the inability of the Committee to adopt specific policy decisions. It was hoped that this situation would change, as it hampered the credibility of the Committee. The study should be carried out, and the Secretariat should ask one of the two entities to carry out the study.

Mr. EKORONG A NDONG (Cameroon) said his delegation wished to join in the spirit of consensus, which had inspired the work of the Committee since September. However, his delegation wished to highlight the vague nature of the paragraph in question which did not reflect the spirit that should inspire the work of the Committee. The Committee had not wished to refer specifically

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to the Joint Inspection Unit (JIU) and the Office of Internal Oversight Services. Why was mention of those two bodies becoming "taboo" in the Committee, he asked?

Mr. CHOWDHURY (Bangladesh), Committee Chairman, said that the resolution represented consensus but remained vague. That situation was a matter of serious concern for the Committee and the United Nations in general.

The Committee Chairman, Mr. CHOWDHURY (Bangladesh), orally proposed the following draft decision regarding the United Nations International Partnership Trust Fund:

"The General Assembly

"Takes note of the report of the Advisory Committee on Administrative and Budgetary Questions on the United Nations International Partnership Trust Fund (document A/52/7/Add.9) and requests the Secretary-General, taking into account the comments made in the Committee (A/C.5/52/SR.56) to report to the General Assembly, on a regular basis, on the activities of the Trust Fund and other related matters."

Mr. ATIYANTO (Indonesia), said the Group of 77 had discussed the issue that morning. The general sentiment of the Group was that the Fifth Committee needed further time to thoroughly discuss the issue.

Mr. CHOWDHURY (Bangladesh), Committee Chairman, asked whether the members of the Group of 77 were not ready to take action on the Chairman's proposal.

Mr. BLUKIS (Latvia) said he wished to observe that the proposed decision was a kind of deferment, as well, and that there really was not that much difference between the proposal and the position of the Group of 77. He proposed that the Committee go ahead with the Chairman's proposed decision.

The Committee approved the draft decision without a vote.

DJAMEL MOKTEFI (Algeria), Committee Rapporteur, introduced the draft resolution on UNMOT.

The Committee approved the draft resolution without a vote.

The Committee decided to take note of the report of the ACABQ (document A/52/818) on the financing of the United Nations peacekeeping operations in Haiti.

The Chairman, Mr. CHOWDHURY (Bangladesh), next drew attention to a draft resolution on administrative and budgetary aspects of peacekeeping operations.

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The Committee approved the draft text without a vote.

IHOR HUMENNY (Ukraine) said his Government had decided to support the resolution. Although the Organization's financial mechanism was not neutral in the case of several States, including his own, the resolution was a step in addressing anomalies in the scale for peacekeeping operations. Five years ago, Ukraine had drawn the attention of States to the need for changing his country's classification from group B to group C of the ad hoc peacekeeping scale. That had only been done in 1996, upon the generous decision of the Government of Greece to slowly move to group B. Despite this, Ukraine was still over-assessed. That was the primary reason for its arrears.

His delegation had submitted informally a draft resolution which would have no financial implications for other Member States but would locate Ukraine in group C as of 1 January 1999. He regretted that the text had not been adopted during the Committee's current session. He believed that Ukraine's draft provided the most appropriate way to address the situation.

Mr. THORNE (United Kingdom), spoke for the European Union, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Cyprus. He said he was pleased that the resolution had been adopted by consensus. He thanked all who had been involved, including the Committee Chairman, who had coordinated consultations on the matter. The cooperation shown in the matter should be a model for the Committee's work. However, he stressed that the Union's decision to support the text did not prejudice its position on the peacekeeping scale, which, it believed, should undergo a comprehensive revision.

MICHAEL BOYNTON (United States) said his delegation's agreement to the text would not prejudice his Government's views on the peacekeeping scale. He said he would not repeat earlier statements on the need to revise and simplify the peacekeeping scale. However, it should be noted that the peacekeeping scale was not in line with States' real capacity to pay. The current scale should be amended to reflect the principle of capacity to pay. Some 20 Member States in group C were now wealthy enough to be in group B. Only one of those States had volunteered to move to group B. His delegation was prepared to participate in revising the ad hoc peacekeeping scale, using the proposal made by the European Union last year as a starting point.

JAN VARSO (Slovakia) said his delegation welcomed the resolution, by which his country was assigned to group C of Member States. The resolution permanently resolved an issue that had been under the Assembly's consideration for a long time. While overdue, the decision was justified because it reflected Slovakia's real capacity to pay. He expressed appreciation to all participating delegations and the Secretariat, as well as to the Chairman.

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JANIE LETROT HADJ HAMOU (France) speaking for the permanent members of the Security Council, said the Assembly had adopted resolution 50/224, on the ad hoc arrangement for peacekeeping assessments, taking into account the voluntary decision of Greece to move from group C to group B. When that resolution had been adopted, the permanent members had intended that Ukraine be classified in group C. Their view on that matter had not changed. For that reason, they did not believe it necessary to adopt a new decision or resolution on the matter.

Mr. ATIYANTO (Indonesia), speaking for the Group of 77 and China, said that various General Assembly resolutions had determined the principles on which the peacekeeping scale was to be based. The continued differentiation between the regular budget and peacekeeping scales was important. The peacekeeping scale must reflect the special responsibilities of the Council's permanent members. The distinction between developed and developing countries must be preserved and should be institutionalized. The scale should be based on equal but differentiated responsibility, taking into account the economic realities of developing countries.

ERNESTO HERRERA (Mexico) said that to review the peacekeeping scale, many elements must be considered and revised. The existing scale reflected the responsibility of the permanent members of the Security Council. Not all countries had the same global interests as some of the permanent members. Nor did they have the same capacity to pay. In light of the fact that permanent members had greater capacity to pay, it was pretentious to say that responsibilities were not up to them, in economic terms.

ZHANG WANHAI (China) associated himself with the statement made for the permanent members. Slovakia was a special case, and China had agreed that the Fifth Committee should take the decision. Regarding the question raised by the delegate from Ukraine, he expressed agreement with the statement made by France. The General Assembly had adopted a decision for the transition of Ukraine from group B to group C. It was his understanding that Ukraine was already a member of Group C. The Ukrainian delegate had suggested that the move did not have financial implications. It was, therefore, not necessary to take another decision on the matter. Also, he agreed with the statement made for the Group of 77 and China.

Mr. THORNE (United Kingdom) said his delegation wished to associate itself with the statement made by the representative of France.

The Committee decided that the provisions of the resolution just adopted should be applied pari passu [in the same way] to the related assessments that had been issued for the International Tribunals in 1998.

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The Committee Chairman, Mr. CHOWDHURY (Bangladesh) orally proposed that the Committee recommend to the Assembly the following draft decision concerning use of consultants:

"The General Assembly,

"Decides to consider the report of the Office of Internal Oversight Services on the audit of the use of consultants (document A/52/814), in the context of its consideration of the comprehensive report of the Secretary- General on the engagement and use of consultants, as requested by the General Assembly in paragraph 4 of section VI of its resolution 51/226 under the agenda item entitled 'Human resources management', at its fifty-third session."

The Committee approved the draft decision without a vote.

The Committee Chairman, Mr. CHOWDHURY (Bangladesh), orally proposed, as a confirmation of a decision already taken informally during the main part of the fifty-second session, which had inadvertently been omitted from the report of the Fifth Committee on that item, that the Committee recommend to the Assembly the following draft text:

"The General Assembly

"Decides to defer consideration of the report of the Secretary-General on behalf of and with the approval of the members of the Administrative Committee on Coordination on the respect for privileges and immunities of officials of the United Nations and the specialized agencies and related organizations, to its fifty-third session."

The Committee approved the draft text without a vote.

Ms. SILOT BRAVO (Cuba) said that it was necessary to confirm the decision since it had not been correctly dealt with earlier. Cuba hoped that it would not happen again in the future.

Mr. CHOWDHURY (Bangladesh), Committee Chairman, said that as Chairman he should take the blame.

FRANK SMYTH (Ireland) who had conducted informal consultations on the issue, introduced the draft text on the financing of MONUA.

The Committee approved the draft resolution without a vote.

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Status of Work

Mr. CHOWDHURY (Bangladesh), Committee Chairman, said that there were still outstanding items for the Committee's consideration. He asked the relevant coordinators to brief the Committee.

Mr. ARMITAGE (Australia), coordinator of procurement reform and outsourcing, said that four-and-a-half informal consultations had been held on the matter. Twenty-five operative paragraphs of a draft had been adopted. A cluster of related paragraphs concerning preferential treatment for certain groups of countries were outstanding. If the bureau could provide more time tomorrow morning, it had been agreed that the work could be completed.

Mr. CHOWDHURY (Bangladesh), Committee Chairman, said it was necessary to show that the Committee was serious on such issues. Time would be given to the group in the morning for its discussions.

CARLOS RIVA (Argentina), coordinator for the Integrated Management Information System (IMIS), said that progress had been achieved in informal consultations. A draft resolution had been studied. A revised version of the draft had been distributed at the beginning of the afternoon meeting. More time -- at least one additional meeting -- was needed in order to reach consensus.

Mr. CHOWDHURY (Bangladesh), Committee Chairman, said that only one meeting was available. He did not know how the consultations on IMIS could have one full meeting.

SAMUEL HANSON (Canada), coordinator for the informal consultations on the International Criminal Tribunal for Rwanda, said that two short sessions had been held. There had been much fruitful dialogue; a great many questions had been raised and been clarified. There had not been time to discuss a draft. He, therefore, proposed that the Committee consider the item at the next session.

The Committee decided to do so.

HENRY HANSON-HALL (Ghana), coordinator for the informal consultations on the United Nations Mission for the Referendum in Western Sahara (MINURSO), said that he regretted to inform delegations that after two protracted sessions the draft resolution had not commanded consensus. One paragraph remained a stumbling block. It had emerged that there was agreement for the financing of MINURSO. He appealed to the good will of delegations so that consensus could be reached.

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Mr. CHOWDHURY (Bangladesh), Committee Chairman, said that made for another outstanding issue. He sought the Committee's guidance on what to do about the issues.

EL HASSANE ZAHID (Morocco) said that today he wished to attempt to find a solution to the financing of MINURSO, deliberations of which the representative of Ghana had headed with skill. He wished to state that Morocco had wished to avoid debate regarding issues that fell outside the financing of MINURSO.

He said he had felt sad that today almost all the other draft texts on financing of peacekeeping operations -- which were very standard texts -- had been approved. Because an agreement on the financing of MINURSO had not been reached, clarification was needed. He recalled a statement made in a previous meeting by the delegation of Algeria referring to paragraph 7 of the report of the ACABQ on the subject. In that statement, the representative had noted with regret that consultations were now under way, at the request of Morocco, to create two additional identification centres in Morocco, bringing the total number of centres from nine to 11. The Algerian delegation had also stated that its Government could not accept that development regarding the centres. Morocco had been surprised and had regretted that decision.

The ACABQ had not submitted the issue in that fashion, he said. It had simply stated that the Secretariat should inform the ACABQ that two centres had been created and that the number of identification centres would go from nine to 11. It had not stated that there had been consultations or that it had been done at the request of the Moroccan Government.

There was before the Committee a draft text on MINURSO, he said. It was a standard draft similar to others for peacekeeping operations. The draft on UNMOT had been exactly the same as that for MINURSO -- financing had been requested to ensure the implementation of a plan endorsed by the Security Council.

The United Nations had decided to open 12 identification centres -- as had been suggested by the Secretary-General in his report, document S/1997/882, he said. That report had pointed out that it was for practical reasons that only nine centres had been set up. Not all centres that were to have been opened had been opened. That was why Morocco did not understand Algeria's problem with the ACABQ report. That report had merely stated that the number of centres had gone from nine to 11.

Morocco could not understand how one could support the identification process but refuse to see new centres opened, he said. Morocco wished to make a friendly appeal to the Algerian delegation -- whose Government had committed itself to fully supporting the Houston agreements -- to give MINURSO the necessary financial resources to implement its mandate, in particular to allow

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the identification process to be concluded within the mandated time-frame so that the Security-Council-endorsed referendum could take place. It would be risky to endanger a process that had lasted too long already. Morocco hoped that the draft resolution on MINURSO would be approved without a vote.

The Committee Chairman, Mr. CHOWDHURY (Bangladesh) said he had not intended to go into the substantive elements of the issue, but rather to see how the Committee could make progress.

ABDELKADER MESDOUA (Algeria) thanked the coordinator for the efforts made in recent days, and especially for the Committee members' forbearance. He did not need to go into detail regarding the reports of the Secretariat. There was hardly any need to recall all the documents that existed and were available for Committee members.

The Secretary-General's report S/1998/35, paragraph 4, said that steps had been taken with the Mauritanian authorities to open a centre in February, at which time the planned total of nine centres would operate concurrently, he said. That report was dated 15 January. The ACABQ's report, paragraph 7, indicated that consultations had taken place with the view of creating two additional centres in the north of Morocco. The number of centres would then be increased. Explanations were requested from the Secretariat on 20 March and yesterday; the Committee had been told clearly that there was no identification centre in the north of Morocco. Rather, there were two annexes there that were operational. No more than nine centres would be running. The figure should not go beyond nine. There was no needed to comment on that.

The Secretary-General's representative had been told that he should create the centres, he continued. The ACABQ was a consultative body; it made recommendations which could or could not be agreed to by Member States. Thus far, his delegation had shown extreme flexibility, in spite of its rights and the explanations given by the Secretariat. His delegation had shown flexibility and responded favourably to proposals put forth by the representative of Portugal and supported by the United States that paragraph 5 be deleted from the draft text on financing MINURSO. His delegation had given a favourable response to the appeal by the coordinator.

The Committee was being taken hostage, he said. The Security Council and the Fourth Committee (Special Political and Decolonization) discussed the political aspects of Western Sahara. The Fifth Committee addressed administrative and budgetary matters. His delegation had given a favourable response that the necessary funds be given to MINURSO to conclude its work. Identification was a necessary process. All parties needed a settlement.

The Committee Chairman, Mr. CHOWDHURY (Bangladesh), said the draft resolution should reflect statements of fact, rather than going into areas where agreement was not possible.

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Mr. ZAHID (Morocco) said his Algerian colleague had spoken about hostages. It was not in Morocco's tradition to take hostages. His country had shown unprecedented flexibility since 1975. The Secretary-General had said in the same report quoted by the Algerian delegation that he had decided to set up two centres in the north of Morocco. That report was then adopted by the Security Council. The Secretariat should address the Committee and confirm that information. His delegation could not accept that the draft resolution on MINURSO be seen as different from any other texts on peacekeeping operations.

Algeria wanted paragraph 5 of the draft to be deleted, he continued. If it would be of assistance to the Committee, he would suggest that the draft on MINURSO be submitted as it stood this evening, so a decision could be taken tomorrow.

Mr. MESDOUA (Algeria) said he was sorry to take up the Committee's time. However, it was a question of hijacking a resolution that belonged to the Committee as a whole.

The Chairman, Mr. CHOWDHURY (Bangladesh) said he would cut off the debate and request the coordinator to use all his diplomatic skills to bring about a text that could be supported by both parties. He requested his colleagues from Algeria and Morocco to accept the ruling he had given, and requested that coordination continue.

Pattern of Conferences: Official Holidays

Mr. ATIYANTO (Indonesia) said the Group of 77's original intention had been to request a suspension for 10 minutes, but he had since made brief consultations with the Group's members regarding the United States' proposal on the holidays. The members of the Group could not agree to the proposal, which in fact, was not an amendment to the draft text put forth by the Group of 77 and China. Instead, the United States' proposal contravened the letter and spirit of the draft. He appealed for support to the text submitted by the Group, so that it could be approved by consensus.

NASSER BIN HAMAD AL-KHALIFA (Qatar) said that on behalf of the members of the Organization of the Islamic Conference, he supported the motion expressed by the representative of Indonesia. It was high time that last year's resolution regarding the holidays was implemented. He drew attention to two matters regarding the Secretariat, which he hoped were not intentional. First, the draft had not been on the day's Journal. Also, usually such meetings of the Committee were listed on the board listing meetings for the day. Today's meeting had not been listed. He hoped those two occurrences were not part of a scheme to undermine a resolution that had been adopted by the Assembly. It was time to take a decision.

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The Chairman, Mr. CHOWDHURY (Bangladesh), said that if the meeting was not reflected on the board, he regretted that and asked the Bureau to investigate. He had explained earlier why the item was not listed in the Journal.

SUSAN SHEAROUSE (United States) said a decision must be taken on the amendment proposed by her delegation before the Committee could decide on the draft.

MUBARAK HUSSEIN RAHMTALLA (Sudan) said his delegation was not convinced about the explanation that had been provided regarding the non-inclusion of the draft resolution in the Journal. It was not the Bureau which decided whether or not an item was included, rather it was the Committee. The normal course of action would have been to include an item in the Journal; subsequently, the Bureau could inform the Committee of its intention to defer it until the next day. He supported the position made by the representative of Indonesia for the Group of 77 and China. The United States delegation had not proposed an amendment, but a new draft resolution.

AMJAD HUSSAIN SIAL (Pakistan) said he wished to be associated with the statement made on behalf of the Group of 77. He also shared the views of Qatar and the deep concern that the draft decision had not been included in the programme of work of the current meeting. The proposal of the United States was not an amendment to the earlier draft. Action would have to be taken in accordance with rule 91, regarding voting when two or more proposals relate to the same question.

Ms. SHEAROUSE (United States) proposed that the decision be delayed until tomorrow.

Mr. ATIYANTO (Indonesia) said the Group had introduced a draft decision yesterday; therefore, the 24-hour rule applied and it was possible for the Committee to take action now.

Mr. AL-KHALIFA (Qatar) said that again he supported the position of the Group. A decision should be taken now.

Mr. RAHMTALLA (Sudan) said that the Committee had already today entered into the process of voting on a number of draft texts; he supported the position of the Group of 77.

Mr. ZAHID (Morocco) said that the Moroccan delegation had always been in favour of striking a balance regarding the holidays in the Secretariat. The proposal of the United States had been a departure from the text proposed. It was hoped that a decision could be adopted as soon as possible on the basis of the text submitted by the Group of 77, with, possibly, explanations of position afterwards. There was little time. He supported the statement made

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by the representative of Qatar, on behalf of the Organization of the Islamic Conference.

ERICA-IRENE DAES (Greece), Committee Vice-Chairperson, appealed for understanding and flexibility, keeping in mind that all the Committee's work had been done in a friendly manner. She asked that a vote not be insisted upon, and that the consultations be allowed to continue until tomorrow morning. Perhaps in that way a satisfactory solution could be found.

Mr. AL-KHALIFA (Qatar) said that he did not see why it was necessary to wait until tomorrow when the majority was ready to act now. It was the right of the majority to have a vote.

NIKOLAI LOZINSKI (Russian Federation) said he supported the proposal to use the time remaining to find a way out of the problem.

Mr. ATIYANTO (Indonesia) said this was a very difficult time. He fully shared the appeal made by the representative of Qatar that the problem be solved as soon as possible. He did not see any reason for delay.

Mr. HERRERA (Mexico) said his delegation supported postponement of action until tomorrow.

Mr. THORNE (United Kingdom), speaking on behalf of the European Union, said the Union was conscious of the sensitivity of the issue, and was therefore reluctant to see such issues decided by vote. The Union was, therefore, in favour of waiting until tomorrow to take action.

Mr. HANSON (Canada) said that it supported the proposal that consultations continue until tomorrow. A matter such as this should be decided by consensus.

KAZUO WATANABE (Japan) said that it associated itself with the representatives who had supported deferral of the issue until tomorrow. There was time remaining and an effort should be made to reach consensus.

Mr. ZAHID (Morocco) said he wished to make a clarification. The Group had not asked for a vote. It had asked that a decision be taken -- by consensus -- on a text whose contents had been known for some time. Colleagues were asked for understanding, which would be reciprocated in the future.

Mr. ATIYANTO (Indonesia) said that the representative of Morocco had clearly made the point that the Group of 77 was appealing to the Committee to give support to the draft the Group had put forward. The Group was asking the Committee to take action on the draft. Speaking for the majority of the

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house, the utmost importance was attached to consensus. However, the Group reiterated its request.

JAN JAREMCZUK (Poland) said his delegation supported postponement of a final decision until tomorrow.

Ms. DAES (Greece), Committee Vice-Chairperson, said she had taken note of the proposals made by the various delegations, but again appealed to the Committee to take a decision tomorrow. One day before the end of the session, flexibility was needed. Tomorrow there would be the opportunity -- in the spirit of friendship and flexibility -- to consider the draft and any other proposals.

Mr. ATIYANTO (Indonesia) said that a question could be posed back to the house -- the draft had been introduced yesterday to give ample time to consider it. Why should a decision not be taken now? he asked. Flexibility from colleagues and friends -- as well as the representative of the United States -- was requested in understanding the Group's position.

Mr. AL-KHALIFA (Qatar) said he shared the sentiment of the representative of Indonesia. He was still not sure why a decision could not be taken today. He could not see any reason to delay until tomorrow. What could be arrived at tomorrow that could not be arrived at today? The majority of the house should have its say.

The Committee Vice-Chairperson, Ms. DAES (Greece) said three proposals had been made: to take action on the draft text; to take action on the United States' amendment; and to postpone action until tomorrow. She then cited Rule 116 of the General Assembly's Rules and Procedures, which states that during discussion, a representative may move the adjournment of the debate on the item under discussion. In addition to the proposer of the motion, two representative may speak in favour of and two against the motion, after which, the motion shall be immediately put to the vote. The Chairman may limit the time to be allowed to speakers under the Rule.

Mr. ZAHID (Morocco) said he understood that the Chairman of the Group of 77 had suggested that the Committee take a decision on the draft. Therefore, was the Rule appropriate? he asked. The proposal to take a decision had been made before there was a move to adjourn the debate. The two who had spoken for and against had already finished speaking. Attempting to apply the Rule could lead to confusion. The Committee should take a decision on the proposal, and then on the amendment. Everyone had said that the amendment went beyond the definition of the word; it was, instead, a second draft decision. Regarding the third alternative proposed, why postpone until tomorrow what could be done today? Committee members were already familiar with the issues at hand.

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Mr. RAHMTALLA (Sudan) endorsed the statement made by the representative of Morocco. The Committee had entered into the process of voting on a number of resolutions. It should proceed, as the representative of Indonesia had proposed.

The CHAIRPERSON suspended the meeting to allow the precis writers to change their teams.

When the meeting resumed, the Chairperson, Ms. DAES (Greece), asked whether the Committee was ready to approve the draft decision on the pattern of conferences by consensus.

Mr. HANSON (Canada) said the last thing the Committee was discussing before the pause was the question of whether or not to defer the matter until tomorrow. That constituted a motion to suspend the debate. A decision should be taken on that matter before proceeding to take action on the text.

The Vice-Chairperson, Mrs. DAES (Greece), said that according to Rule 119(a), a motion to suspend the meeting would take precedence over all other motions.

Mr. ATIYANTO (Indonesia) said the Committee should take action on the draft now.

Mr. LOZINSKI (Russian Federation) supported the proposal made by Canada's representative.

Mr. WATANABE (Japan) supported the proposal made by Canada's representative. It would be appropriate to postpone the decision due to the fact that the item had not been included in the Journal, and in light of the late hour.

SEYED MORTEZA MIRMOHAMMAD (Iran) said he supported the statement made by the representative of Indonesia for the Group of 77 and China. The representative of Qatar had made the first proposal. The Committee should take a decision on the matter as soon as possible.

Mr. HERRERA (Mexico) said his delegation would be grateful if the decision would be taken tomorrow, because it was Mexico's impression that consensus could be reached. He had witnessed flexibility in the corridors.

Mr. BLUKIS (Latvia), speaking on a point of order, said that two speakers could speak on one side and two on the other. The debate should be concluded, according to Rule 116.

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Mr. ATIYANTO (Indonesia) said that under Rule 116, two representatives might speak in favour of, and two against, the motion, after which the motion would immediately be put to a vote.

Ms. DAES (Greece), Committee Chairman, said she had read that Rule, but had been trying to avoid the vote.

The Committee then voted on suspending the meeting until tomorrow. The motion was rejected; it decided not to suspend the meeting until tomorrow by a vote of 31 in favour to 46 against. (See Annex I.)

Mr. LOZINSKI (Russian Federation) asked whether there was a quorum needed for voting.

JOSEPH ACAKPO-SATCHIVI, Secretary of the Fifth Committee, said that at the time the Committee had begun the procedural debate, there had been 95 delegations in the room. Delegations in the room were not forced to vote. Some had refrained from voting, and that was their right. If the vote did not correspond to a quorum, which was 94, it was the privilege of the Committee to decide whether or not the vote was valid.

Mr. MOKTEFI (Algeria) said the required quorum was present. A vote had taken place, with 46 against the motion to suspend the meeting and 31 in favour. The decision was to continue with the meeting and take action on the draft decision submitted by the Group of 77 and China.

Mr. LOZINSKI (Russian Federation) said the Secretary had said that at the beginning of the meeting, there were 95 delegations. That was three-and- a-half hours ago.

Mr. ACAKPO-SATCHIVI, Committee Secretary, said he was not under any obligation to count members in the room. He was not a policeman. He had said that when the Committee began the procedural deliberations on the matter, he had counted 95 delegations present. Delegates left the room and came back throughout the meeting; therefore, he was not sure of the present number. Further, he had said that delegations were not obligated to vote. Some delegations in the room had not pressed any buttons during the vote. That was their prerogative.

The Committee Vice-Chairperson, Ms. DAES (Greece), said there was not a quorum.

Mr. HANSON (Canada) requested the application of Rule 108, by which "the Chairman may declare a meeting open and permit the debate to proceed when at least one quarter of the members of the committee are present". The important part of that Rule, for the Committee's present purposes, was that it stated

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that "the presence of the majority of the members shall be required for any decision to be taken".

RUFAT NADIR NOVRUZOV (Azerbaijan) said all delegates could press buttons to determine whether there was quorum.

NORMAL ESTENOZ GOICOCHEA (Cuba) said that under Rule 108, a quarter of the Committee's members were needed, that was 46 members. Under Rule 85, decisions of the General Assembly "shall be made by a majority of the members present and voting". Rule 86 said that the phrase "members present and voting" meant members that cast a vote. Members which abstained from voting were considered as not voting.

Mr. HANSON (Canada) said his request for a ruling had referred to the second sentence of Rule 108, which did not refer to the majority present and voting, but rather the presence of a majority for any decision to be taken.

Ms. GOICOCHEA (Cuba) said an understanding of the rules of the Assembly was the point in question. She wondered if there was anyone from the Office of Legal Affairs who could offer clarification.

Mr. SIAL (Pakistan) said that when action had been taken, the quorum had been there. Drawing attention to Rule 128 of the Rules of Procedure, he said since action had already been started -- under Rule 128 -- action had to be concluded.

Mr. RAHMTALLA (Sudan) said that he wished to endorse the statement of Cuba. Some delegates who were present had not voted. Their presence and non- participation was also considered a position not to be a party to the vote. A motion had been voted on; the decision had been made. The Secretary had said that there had been a quorum.

Mr. ATIYANTO (Indonesia) said he wished to endorse the statements of Pakistan and Sudan.

Ms. DAES (Greece), Committee Vice-Chairperson, asked if the decision could be approved without a vote.

Ms. SHEAROUSE (United States) said her delegation could not support the decision as presented. She proposed that from the third line, the text would read as follows: "at nine days, and to observe the two holidays referred to in General Assembly resolution 52/214, section A, paragraphs 5 and 6, at the United Nations Headquarters and other United Nations duty stations as appropriate.

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Mr. SIAL (Pakistan) said he again wished to draw the attention of the Committee to Rule 128. The action before the Committee was on the draft decision and not amendments to it.

Mr. ATIYANTO (Indonesia), speaking on behalf of the Group of 77, said the Group wished, once again, to endorse the statement made by Pakistan.

NARCISSE AHOUNOU (Cote d'Ivoire) said that as the Assistant Secretary- General for Human Resources Management was present, she could perhaps react to the proposal. Did the amendment take into account the proposal of the Group of 77? he asked.

Ms. DAES (Greece), Vice-Chairperson, said she believed it did.

Mr. RAHMTALLA (Sudan) asked the Chairperson and the United States delegation not to make precedence. The motion was finished. The transition should be immediately to the draft decision without any amendments.

AHMED H. DARWISH (Egypt) said his delegation had not wished to take the floor, especially as the representative of Qatar, who represented the Organization of Islamic Conferences was present, as well as the Chairman of the Group of 77. Egypt fully endorsed their stated positions. However, Egypt had noted some wavering and that was not acceptable. He stressed that proposals must be circulated in writing before the Committee could act on them. He called for Rule 128 of the Rules of Procedure to be respected.

Ms. SHEAROUSE (United States) disputed the fact that the decision-making process had been entered. Earlier delegations had made the point that the item had not been in the Journal. That was why the United States had had to verbally present the amendment.

Mr. HANSON (Canada) said that Rule 130 stated that when an amendment was moved to a proposal, the amendment should be voted on first.

Mr. ATIYANTO (Indonesia), speaking on behalf of the Group of 77, said he must strongly object to the statement made by the representative of the United States. Once again he wished to put forward that the draft decision be put forward for action by the Committee.

Ms. DAES (Greece), Committee Vice-Chairperson, again asked if the Committee could adopt the text as amended by the United States without a vote.

Mr. ATIYANTO (Indonesia), speaking on behalf of the Group of 77, said the Group could not agree with the proposed amendment put forward by the United States.

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Ms. DAES (Greece), Committee Vice-Chairperson, asked if the Committee was ready to approve the draft decision by consensus.

Ms. SHEAROUSE (United States) said her delegation was not in a position to support the draft; therefore there was no consensus. In accordance with Rule 130, action should first be taken on the proposal of the United States.

Ms. DAES (Greece), Committee Vice-Chairperson, said that action would first be taken on the amendment. She asked if the amendment could be put to a vote.

The Committee rejected the proposed amendment by a vote of 28 in favour to 43 against, with 7 abstentions (Argentina, Brazil, Canada, Chile, Colombia, Ukraine, Uruguay). (See Annex II.)

Ms. DAES (Greece), Committee Vice-Chairperson, asked if the Committee could approve the draft decision without a vote.

Ms. SHEAROUSE (United States) called for a vote on the draft decision.

The Committee approved the draft decision by a vote of 54 in favour to 25 against, with 2 abstentions (New Zealand, Ukraine). (See Annex III.)

Speaking after the vote, Mr. HERRERA (Mexico) said he had voted in favour of the draft in light of his awareness that many delegations supported the draft, and further, Mexico could not question the legitimacy of the matter. However, he regretted the fact that the matter had been put to a vote, when a consensus could have been reached if more time had been available.

EVGUENI DEINEKO (Russian Federation) said the Committee's decision had been difficult. The Russian Federation was not against having the Secretariat observe the two Muslim holidays. It had voted against the draft for different reasons. It was important that texts be adopted by consensus. His delegation always reacted negatively when votes were forced. Another reason for his delegation's vote was that in its view, there had been an attempt to interfere with the prerogative of the Secretary-General regarding holidays for United Nations staff.

Taking a decision to increase the number of holidays in the United Nations was a dangerous path, he said. It could lead towards an unlimited increase in such holidays. There were numerous different religions and beliefs, and perhaps there would be desire to observe holidays that existed in all cultures. The increase in the number of holidays could also impact negatively on the Organization's work; it certainly would not enhance the effectiveness of the work of the staff. Further, it would lead to financial implications.

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Mr. THORNE (United Kingdom) said the European Union had voted against the draft decision because it was firmly of the view that such matters fell within the purview of the Secretary-General. The Assembly should not decide on such issues. The wording had been carefully balanced in resolution 52/214, which was adopted by consensus three months ago. The Union's 15 members had a very broad range of cultures. For that reason, it attached great importance to Article 1.3 of the Charter, which states, in part, that the purpose of the United Nations is to promote human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.

Mr. HANSON (Canada) agreed with those who had stated that it would have been wiser for the Committee to wait and arrive at a consensus tomorrow. The issue had been forced to a vote, and his delegation, having weighed the matter, decided to vote in favour of the draft. Ten days of holidays was efficient, in fact it was slightly less generous than his country's practice.

The United Nations was not a sectarian organization, he said. It did not observe the holy days of any religion, in a religious sense. Instead, its legislative bodies decided not to meet from time to time in deference to the religious devotions of its Members. The staff holidays at each duty station should continue to be set by the Secretary-General in consultation with the staff, in accordance with the Organization's rules. The decision taken today did not alter that fact.

Mr. ATIYANTO (Indonesia), speaking for the Group of 77 and China, expressed deep appreciation for the Vice-Chairperson's efforts to find a possible solution on the issue by consensus. The Group of 77 and China regretted that a vote had been forced, despite the Group's genuine wish that Committee members understood its position. The Group fully respected the United Nations international character. It hoped the Secretary-General would fully implement the text in its letter and spirit.

Ms. POWLES (New Zealand) said her delegation had been placed in an impossible position by the call for a vote. The issue of staff holidays was a staff management issue. It was the Secretary-General's prerogative to decide on the holidays. It was wrong and unfair to politicize the issue to the point where a vote had been required. Her delegation had not been prepared to vote against friends and neighbours, therefore it had abstained.

Mr. SULAIMAN (Syria) said his delegation welcomed approval of the draft. He had asked for the floor for a technical matter concerning the names of the two holidays. The word "Id" should be spelled "Eid" and the article "Al", in both holidays, should have a capital "A".

Mr. ARMITAGE (Australia) said he regretted that a vote had been necessary. All possible efforts to achieve consensus should have been made; he was not convinced that was the case. The decision undercut the Secretary- General's authority, and affected the integrity of the staff management. The United Nations was a secular organization and it would be regrettable if the decision led to an unravelling of established procedure.

Mr. WATANABE (Japan) regretted that a decision had been taken through a vote. Japan had voted against the draft for several reasons. First, it was

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his delegation's view that consensus was important for the Fifth Committee, particularly on such a sensitive matter. The Assembly had taken a decision on resolution 52/214 in a balanced manner. If the Fifth Committee were to change that decision, it should have sought more time to achieve consensus. He expressed appreciation to those who had worked towards that end.

Ms. SHEAROUSE (United States) said her delegation was deeply concerned by the Committee's decision, since the designation of officially observed holidays was in the purview of the Secretary-General. The Committee must remain mindful of the United Nations secular nature, as well as the need for equity among all religions and cultures. The resolution went against that spirit. Further, it was unwise to increase the number of holidays; such an increase would not enhance the Organization's efficiency.

Mr. AHOUNOU (Cote d'Ivoire) said his delegation would have preferred to have considered the matter tomorrow. He regretted that had been impossible. Instead, force had been used, by way of a vote, which was not common in the Fifth Committee. He had voted in favour of the text in the spirit of solidarity, but his delegation would have preferred a more peaceful resolution of the issue, especially in light of its political nature.

Mr. MIRMOHAMMAD (Iran) said he hoped the draft, the provisions of which were clear, would resolve any problem in the implementation of Assembly's resolution 52/214. The issue of the two holidays was not solely a matter of religion. Some delegations argued that the United Nations was a secular organization and that the Committee should not pit one religion against the other. However, those arguments were not appropriate. The text recognized that the holidays were celebrated by a large number of Member States, as well as many people around the world.

ZIYAD MONAYAIR (Kuwait) supported what had been said by the representative of Indonesia for the Group of 77 and China. The Committee's members had attempted to come to consensus on the draft, but, regrettably, had been unable to do so. The draft brought the number of official United Nations holidays to 10 days. The intention of the Group of 77 was to satisfy persons of all faiths. He thanked the Permanent Representative of Qatar for being with the Committee, as Chairman of the Organization of the Islamic Conference, and for his useful participation.

Mr. AL-KHALIFA (Qatar), speaking for the Organization of the Islamic Conference, said he thanked those that had voted for the draft decision on

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behalf of over a third of the Organization's Members, and more than one billion persons worldwide who subscribed to the tenets of Islam. He had listened with surprise -- since it was his first time in the Fifth Committee - - to those who had talked about cost, and about evenness. If delegations sought to have consensus, they must listen to the needs of their colleagues. Otherwise, the Committee's work would take another turn.

AHMED FARID (Saudi Arabia) supported the statement made for the Group of 77 and China, and thanked the representative of Qatar. All efforts had been exerted to reach consensus, but the Committee had been unable to do so. His delegation was pleased that the matter would be put to rest. The General Assembly's decision on the holidays had not been implemented to date. It was now clear that all employees of the United Nations must take two days off on the two holidays, with full pay. The doors of the United Nations would be closed on those days.

HAE-YUN PARK (Republic of Korea) said it was regrettable that voting had taken place. His delegation had been totally unprepared for the voting. The item was not listed in the Journal, and there had not been clarification on the quorum. For those reasons, he had not participated in the vote.

Mr. BLUKIS (Latvia) associated himself with the statement made for the European Union.

Mr. RIVA (Argentina) said that his delegation fully respected religious holidays, as was indicated in his Government's national policy. He regretted that the decision was not taken by consensus. The Organization consisted of varied cultures and religions; in the future, the Organization's overall policy must be examined.

Mr. RAHMTALLA (Sudan) expressed his appreciation for the way the Vice- Chairperson had conducted the Committee's discussion of the issue and thanked the representative of Qatar for his intervention as Chairman of the Organization of Islamic Conferences. He was convinced that time had not been wasted on the issue. He wished to express the hope that those who had not supported the decision would use the time before the Assembly plenary to change their decisions.

IBRAHIM I. ELMONTASER (Libya) said he supported everything the representatives of Indonesia, Qatar and others who had supported the decision had said. The decision would allow the Committee to choose to celebrate the two holidays, and also to not have to go through the item again.

(annexes follow)

Fifth Committee - 29 - Press Release GA/AB/3223 58th Meeting (PM) 26 March 1998

ANNEX I

Vote on Suspension of Meeting

The vote on a motion to suspend the meeting was rejected by a vote of 28 in favour to 44 against, with 7 abstentions, as follows:

In favour: Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, Malawi, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Russian Federation, Slovakia, Spain, Sweden, Ukraine, United Kingdom, United States.

Against: Algeria, Argentina, Azerbaijan, Bangladesh, Barbados, Brazil, Brunei Darussalam, Chile, China, Colombia, Cuba, Djibouti, Dominican Republic, Egypt, Guinea, Guyana, India, Indonesia, Iran, Jamaica, Jordan, Kazakhstan, Kuwait, Lao People's Democratic Republic, Lebanon, Libya, Malaysia, Morocco, Myanmar, Namibia, Pakistan, Panama, Philippines, Qatar, Saudi Arabia, Senegal, Singapore, South Africa, Sudan, Syria, Tunisia, Turkey, Uganda, United Arab Emirates, United Republic of Tanzania, Zimbabwe.

Abstain: None.

Absent: Afghanistan, Albania, Andorra, Angola, Antigua and Barbuda, Armenia, Bahamas, Bahrain, Belarus, Belize, Benin, Bhutan, Bolivia, Botswana, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Chad, Comoros, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Democratic People's Republic of Korea, Democratic Republic of the Congo, Dominica, Ecuador, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Federated States of Micronesia, Fiji, Gabon, Gambia, Georgia, Ghana, Greece, Grenada, Guatemala, Guinea-Bissau, Haiti, Honduras, Iceland, Israel, Kenya, Kyrgyzstan, Lesotho, Liberia, Liechtenstein, Luxembourg, Madagascar, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Monaco, Mongolia, Mozambique, Nepal, Nicaragua, Niger, Nigeria, Oman, Palau, Papua New Guinea, Paraguay, Peru, Republic of Moldova, Romania, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Seychelles, Sierra Leone, Slovenia, Solomon Islands, Sri Lanka, Suriname, Swaziland, Tajikistan, Thailand, The former Yugoslav Republic of Macedonia, Trinidad and Tobago, Turkmenistan, Uruguay, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia.

(END OF ANNEX I)

Fifth Committee 30 Press Release GA/AB/3223 58th Meeting (PM) 26 March 1998

ANNEX II

Vote on United States Amendment

The United States amendment to the draft decision contained in document A/C.5/52/L.26 was rejected by a vote of 28 in favour to 43 against, with 7 abstentions, as follows:

In favour: Australia, Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Russian Federation, Slovakia, Spain, Sweden, United Kingdom, United States.

Against: Algeria, Azerbaijan, Bangladesh, Barbados, Brunei Darussalam, China, Cuba, Democratic Republic of the Congo, Djibouti, Dominican Republic, Egypt, Ghana, Guinea, Guyana, India, Indonesia, Iran, Jamaica, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Libya, Malaysia, Morocco, Myanmar, Namibia, Pakistan, Panama, Philippines, Qatar, Saudi Arabia, Senegal, Singapore, South Africa, Sudan, Syria, Tunisia, Turkey, Uganda, United Arab Emirates, United Republic of Tanzania, Zimbabwe.

Abstain: Argentina, Brazil, Canada, Chile, Colombia, Ukraine, Uruguay.

Absent: Afghanistan, Albania, Andorra, Angola, Antigua and Barbuda, Armenia, Bahamas, Bahrain, Belarus, Belize, Benin, Bhutan, Bolivia, Botswana, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Chad, Comoros, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Democratic People's Republic of Korea, Dominica, Ecuador, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Federated States of Micronesia, Fiji, Gabon, Gambia, Georgia, Greece, Grenada, Guatemala, Guinea-Bissau, Haiti, Honduras, Iceland, Israel, Kazakhstan, Kyrgyzstan, Lesotho, Liberia, Liechtenstein, Luxembourg, Madagascar, Malawi, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Monaco, Mongolia, Mozambique, Nepal, Nicaragua, Niger, Nigeria, Oman, Palau, Papua New Guinea, Paraguay, Peru, Republic of Moldova, Romania, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Seychelles, Sierra Leone, Slovenia, Solomon Islands, Sri Lanka, Suriname, Swaziland, Tajikistan, Thailand, The former Yugoslav Republic of Macedonia, Trinidad and Tobago, Turkmenistan, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia.

(END OF ANNEX II)

Fifth Committee 31 Press Release GA/AB/3223 58th Meeting (PM) 26 March 1998

ANNEX III

Vote on United Nations Holidays

The draft decision on United Nations holidays was approved by a vote of 54 in favour to 25 against, with 2 abstentions, as follows:

In favour: Algeria, Argentina, Azerbaijan, Bangladesh, Barbados, Brazil, Brunei Darussalam, Canada, Chile, China, Colombia, Côte d'Ivoire, Cuba, Democratic Republic of the Congo, Djibouti, Dominican Republic, Egypt, Ghana, Guinea, Guyana, India, Indonesia, Iran, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Libya, Malawi, Malaysia, Mexico, Morocco, Myanmar, Namibia, Pakistan, Panama, Philippines, Qatar, Saudi Arabia, Senegal, Singapore, South Africa, Sudan, Syria, Tunisia, Turkey, Uganda, United Arab Emirates, United Republic of Tanzania, Uruguay, Zimbabwe.

Against: Australia, Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, Netherlands, Norway, Poland, Portugal, Russian Federation, Slovakia, Spain, Sweden, United Kingdom, United States.

Abstain: New Zealand, Ukraine.

Absent: Afghanistan, Albania, Andorra, Angola, Antigua and Barbuda, Armenia, Bahamas, Bahrain, Belarus, Belize, Benin, Bhutan, Bolivia, Botswana, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Chad, Comoros, Congo, Costa Rica, Croatia, Cyprus, Democratic People's Republic of Korea, Dominica, Ecuador, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Federated States of Micronesia, Gabon, Gambia, Georgia, Greece, Grenada, Guatemala, Guinea-Bissau, Haiti, Honduras, Iceland, Israel, Kyrgyzstan, Lesotho, Liberia, Liechtenstein, Luxembourg, Madagascar, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Monaco, Mongolia, Mozambique, Nepal, Nicaragua, Niger, Nigeria, Oman, Palau, Papua New Guinea, Paraguay, Peru, Republic of Korea, Republic of Moldova, Romania, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Seychelles, Sierra Leone, Slovenia, Solomon Islands, Sri Lanka, Suriname, Swaziland, Tajikistan, Thailand, The former Yugoslav Republic of Macedonia, Trinidad and Tobago, Turkmenistan, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia.

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