REQUESTS FOR EXEMPTION FROM ARTICLE 19 SANCTIONS TO BE CONSIDERED DURING INFORMAL CONSULTATIONS, FIFTH COMMITTEE DECIDES
Press Release
GA/AB/3246
REQUESTS FOR EXEMPTION FROM ARTICLE 19 SANCTIONS TO BE CONSIDERED DURING INFORMAL CONSULTATIONS, FIFTH COMMITTEE DECIDES
19981016 Acting on a proposal by the representative of Bosnia and Herzegovina, 1the Fifth Committee (Administrative and Budgetary) this afternoon decided to consider in informal consultations requests for exemption from sanctions under Article 19 of the United Nations Charter from Bosnia and Herzegovina and the Republic of the Congo.By Article 19, a Member State is stripped of its voting rights in the General Assembly when its arrears equal or exceed the amount of the contributions due from it for the preceding two years. Normally, the Committee on Contributions considers requests for exemptions and makes recommendations to the Fifth Committee; however the Committee on Contributions concluded its session before the above-mentioned requests were received.
Statements were made by the representatives of Bosnia and Herzegovina, Austria (for the European Union), Republic of the Congo, Japan, New Zealand, China, Iran, Mexico, Morocco, Cuba, Bangladesh, Egypt, Pakistan, Zambia, Australia, Libya, Russian Federation, United States, Singapore, India, Poland, United Arab Emirates and Bahrain.
The Committee is scheduled to meet again at 3 p.m. on Monday, 19 October, to take action on a draft resolution on the peacekeeping support account and to begin considering the United Nations pattern of conferences.
Fifth Committee Work Programme
The Fifth Committee (Administrative and Budgetary) met this afternoon to consider, under the agenda item on scale of assessments, two requests for exemption from Article 19 of the United Nations Charter. By that Article, a Member State is stripped of its voting rights in the General Assembly when its arrears equal or exceed the amount of the contributions due from it for the preceding two years. The Committee was also expected to consider a draft resolution on the support account for peacekeeping operations, which funds activities at Headquarters that provide direction, assistance and guidance to assist peacekeeping operations in the field.
Scale of Assessments
The Committee had before it two requests for exemption from Article 19 sanctions: from Bosnia and Herzegovina and from the Republic of the Congo. (For background on the request from Bosnia and Herzegovina, see Press Release GA/AB/3244 of 14 October.)
A letter from the Acting President of the General Assembly to the Fifth Committee Chairman transmits a letter dated 12 October from the Chargé d'affaires of the Republic of the Congo (document A/C.5/53/24). That letter states that the Republic of the Congo is gradually recovering from a civil war that destroyed its production infrastructure and ruined its economy. The Government is facing legal suits from armament dealers who claim that it should pay for the armaments orders of the former authorities, and some legal courts in Paris are blocking financial transactions between his country and any foreign country. For these reasons, it requests exemption to the Article 19 sanctions.
Statements on Scale of Assessments
MOVSES ABELIAN (Armenia), Committee Chairman, reminded Committee members that on 14 October the Committee had considered the request for exemption from sanctions under Article 19 of the Charter from Bosnia and Herzegovina. Many delegations had participated in the discussion, but no agreement had been reached. The Committee had ultimately decided to postpone its decision pending receipt of a similar letter from the Congo.
LIDIJA TOPIC (Bosnia and Herzegovina) said that the payment of its dues was a long-term issue for Bosnia and Herzegovina with political consequences. She proposed that the matter be taken up in informal consultations.
THOMAS SCHLESINGER (Austria), speaking on behalf of the European Union, said the Union agreed with the proposal put forward by Bosnia and Herzegovina. He expressed appreciation for the flexibility shown by Bosnia and Herzegovina on the issue, and looked forward to discussions on the matter at the earliest possible date.
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HENRI GOTIENNE (Republic of Congo) said that yesterday had been the first anniversary of the cessation of the conflict in the Congo. As a consequence of the conflict, the banking system and much infrastructure had been destroyed. In the past his country had been assiduous in meeting its obligations, but the consequences of war had brought it into dire circumstances.
He said he would like to leave the matter for informal consultations. He also wished to stress, however, that the Committee would surely not apply double standards, given there was a precedent for the Fifth Committee recommending the granting of such an exemption. He also wished to emphasize that his country sought to have the matter resolved at the earliest possible convenience, without weakening the effect of Article 19.
KAZUO WATANABE (Japan) supported the proposal made by the delegate from Bosnia and Herzegovina. On behalf of his delegation, and in his personal capacity as a member of the Committee on Contributions, he thanked all those concerned who had made the proposal.
WEN CHIN POWLES (New Zealand) said her delegation supported the request put forth by the representatives of Bosnia and Herzegovina and the Republic of the Congo. Her delegation would not be able to decide on the issue without informal consultations.
ZHANG WANHAI (China) said his delegation had stated its views in the Committee's previous discussion on the matter and agreed to hold informal consultations.
SEYED MIRMOHAMMAD (Iran) said he had hoped that the Committee could act on the requests in the same manner as it had acted on the previous requests. However, his delegation was fine with the proposal put forth by the representative of Bosnia and Herzegovina. He asked when those informal consultations would occur.
Mr. SCHLESINGER (Austria) appreciated the flexibility exhibited by the delegation of the Republic of the Congo.
ERNESTO HERRERA (Mexico) expressed appreciation to the delegations of the Republic of the Congo and of Bosnia and Herzegovina for their flexibility in agreeing that the matter should be dealt with in informal consultations. All requests for exemption to application of Article 19 must be considered on an ad hoc basis.
ABDESALAM MEDINA (Morocco) joined those who thanked the two delegations for their flexibility. He reaffirmed his delegation's support for approving the two requests.
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DULCE BUERGO RODRIGUEZ (Cuba) said her delegation had thought the Committee was going to take a decision on the two requests in the same manner that it had acted last week on two similar requests. She supported the proposal made by the representative of Bosnia and Herzegovina and the representative of the Congo, and hoped the Committee would manage to deal with the requests without delay and with a view to treating requests on the issue by all States equally.
HUMAYUN KABIR (Bangladesh) joined those who had supported the idea that the proposals should be sent to informal consultations. The item should be included in the Committee's work programme as soon as possible.
AHMED DARWISH (Egypt) supported the proposal to deal with the issue in informal consultations, a proposal to which the representative of the Congo had kindly agreed. Such goodwill would always be useful to the Fifth Committee in its work.
AMJAD SIAL (Pakistan) said that, in the last meeting, his delegation had supported the request of Bosnia and Herzegovina on the basis of equal treatment to all Member States. In the same spirit, it supported the request of the Republic of the Congo. He would have liked to take a decision on those requests in the current meeting, but, in view of the proposal by the States concerned to hold informal consultations, he hoped the Committee would take a positive decision at the earliest possible time.
MATTHIAS DAKA (Zambia) supported the two requests and looked forward to the informal consultations.
MILES ARMITAGE (Australia) expressed appreciation for the flexibility shown by the representatives of the Congo and Bosnia and Herzegovina. Informal consultations would provide the Committee with the opportunity to restore procedural regularity, which was needed in considering the issue. Those comments were without prejudice to the two requests. The issue had broader implications: the Committee was dealing with a provision of the Charter, and in holding informal consultations, it would have an opportunity to explore ways to ensure that provisions of the Charter had the effect intended.
IBRAHIM ELMONTASER (Libya) said his delegation had expected the Committee to act on the requests in the manner in which it had acted on earlier similar requests. However, his delegation had no difficulty with the request of the two delegations concerned. He hoped that flexibility today would be met with similar flexibility in the informal consultations.
NIKOLAI LOZINSKI (Russian Federation) thanked the delegations of the Congo and Bosnia and Herzegovina for their flexibility and supported examining the matter in informal consultations.
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SUSAN SHEAROUSE (United States) also thanked the two delegations concerned, but felt that the most appropriate body for consideration of the requests was the Committee on Contributions. Her delegation had hoped that the matter would be transmitted to that body, through modern technology such as teleconferencing, to make recommendations to the Fifth Committee.
LAURENCE BAY (Singapore) said his delegation sympathized with Member States who had legitimate grounds to seek exemption from Article 19, but there were procedures to be followed. He supported the proposal that the matter be considered in informal consultations.
RAJAT SAHA (India) said that equal treatment must be given to all Member States. He would go along with the suggestion to informal consultations with a view to taking a positive decision on the subject.
JAN JAREMCZUK (Poland) said his delegation's position had been expressed by the representative of Austria, on behalf of the European Union.
FAISAL AL-MALEK (United Arab Emirates) said his delegation appreciated the flexibility shown by the two countries making requests. It supported their requests for exemption from Article 19 of the Charter in view of the economic hardships experienced by both countries and to establish the principle of equal treatment for all Member States.
ABDULLAH ABDULLATIF ABDULLAH (Bahrain) said his delegation had previously expressed its views on the exemption requested for Bosnia and Herzegovina, and, in the same spirit, supported the request made by the Republic of the Congo. He supported the proposal to consider the matter in informal consultations.
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