Fifty-sixth General Assembly

Sixth Committee

4^th Meeting (AM)

LEGAL COMMITTEE SPEAKERS URGE STRONGER PROTECTION FOR PERSONNEL

WORKING IN UNITED NATIONS FIELD OPERATIONS

Increase in Fatal Attacks in Recent Years Said to Show

That Provisions of Current Convention Are in Need of Review

Several speakers called on the Sixth Committee (Legal) to create a working group to explore ways to strengthen protection for personnel working in United Nations operations, as the Committee this morning took up the Secretary-General’s report on the Convention on the Safety of the United Nations and Associated Personnel.

The representative of New Zealand, which with Ukraine initiated the 1994 Convention, said adequate response to the increasingly frequent and fatal attacks on individuals participating in missions was required on a range of fronts.  She said events of recent years had demonstrated that the current scope of the Convention alone was not enough.  The Convention provided no protection for humanitarian workers that were not closely connected to a United Nations operation and its application to locally recruited personnel remained incomplete.

The representative of the Russian Federation said that the loss of United Nations personnel in the helicopter crash in Abkhazia and in Kabul yesterday testified to the importance of the subject.  Russia itself had lost many of its sons in peacekeeping operations.  A reliable legal system was the key to ensuring the safety of United Nations personnel.  Their safety would also be greatly enhanced by the universal participation of States in the Convention.

The representative of Ukraine said the subject was of top priority to his country which had lost 24 peacekeepers over the past eight years.  Only yesterday, three Ukrainian crew members had been among nine personnel killed during an attack against a helicopter of the United Nations Observer Mission in Georgia.  He called for the extension of the Convention’s scope of legal protection.

The representative of Egypt said the Convention had been the subject of many questions and misgivings concerning the categories of personnel it covered, the presence of foreigners and the sovereign rights of the host countries.  Many countries had been reluctant to sign the Convention and, even now, it did not enjoy the approval of a great many States.  He questioned the need for a protocol (proposed in the Secretary-General’s report) and recommended instead that other options reflecting the concerns of several countries be explored.

Also speaking in the debate were the representative of Chile (on behalf of the Rio Group), Costa Rica, Australia, Belgium (on behalf of the European Union) and Mali.

Earlier the Committee concluded its debate on the report of the United Commission on International Trade Law (UNCITRAL) on the work of its thirty-fourth session.  Speakers this morning on the report were the representatives of Australia, Japan, Iran, Nigeria, Republic of Korea, United States, Indonesia, Sierra Leone, Morocco and Fiji.

The Chairman of the Commission, Alejandro Ogarrio of Mexico made a closing statement in which he expressed the importance of the Commission’s work in the elaboration of texts to enhance international trade law.  He appealed for more resources to enable the Commission to continue its technical assistance and training programmes.

The Sixth Committee meets again this afternoon at 3 p.m. today to continue its debate of the scope of legal protection under the Convention on the Safety of United Nations and Associated Personnel.

Background

The Sixth Committee (Legal) meets this morning to conclude its debate on the report of the United Nations Commission on International Trade Law (UNCITRAL).  It is then to consider the scope of legal protection under the 1994 Convention on the Safety of United Nations and Associated Personnel, on which the Committee has before it a report of the Secretary-General (document A/55/637). 

In an introduction to the report, the Secretary-General observes that the Convention’s limitations and the inadequacy of its protective legal regime have been brought to the fore in discussions in the Security Council.  Council members have stressed the need to ensure the safety and security of humanitarian and local personnel operating in hostile and volatile environments, and to deal more effectively with their protection.

The Convention was adopted by the General Assembly in its resolution 49/59 on 9 December 1994 and entered into force on 15 January 1999.  Forty-three States are presently Parties to the Convention, of which none is host to a United Nations peacekeeping operation, according to the Secretary-General’s report.  The Convention prohibits any attack against United Nations associated personnel, their equipment and premises.  It also imposes upon States Parties the obligation to ensure the safety and security of such personnel, and to protect them from the crimes established under the Convention.

Attacks against United Nations and associated personnel, which were made a crime under the 1994 Convention, were internationalized under the Statute of the International Criminal Court and considered “war crimes”.  The Rome Statute, however, is not yet in force.

The Secretary-General suggests three measures to strengthen the protective regime of the Convention, pending the conclusion of a protocol extending the scope of its application to United Nations operations and categories of personnel not presently covered.  These are:

-- A procedure to initiate a “declaration” by the Security Council or the General Assembly concerning exceptional risks to the safety of United Nations and associated personnel where there are sufficient warnings of immediate attacks or escalation of a conflict;

-- Designating the Secretary-General as “certifying authority” for purposes of attesting to the fact of a “declaration” or an “agreement”, and to the status of any of the United Nations and associated personnel.

-- Incorporating the key provisions of the 1994 Convention in the status-of-forces or status-of-mission agreements concluded between the United Nations and States in whose territories peacekeeping operations are deployed.

The Secretary-General’s report points out that the Convention is not applicable to United Nations operations that have not been declared by the General Assembly or the Security Council to be exceptionally risky.  In practice, no declaration has ever been made to that effect by either organ, notwithstanding the actual need for it in many United Nations operations.

The Convention is also not applicable to humanitarian non-governmental organizations that have not concluded “implementing/partnership agreements” with the United Nations or its specialized agencies, though in practice they have no less need for such protection.  The Convention is finally not applicable, and was never intended to apply to humanitarian non-United Nations operations.

The Secretary-General observes that the optimal solution by far remains a Protocol that would dispose of the need for a “declaration” in case of United Nations operations and dispense with the link between a humanitarian non-governmental organization and the United Nations as a condition for protection under the Convention. 

The report was requested by the General Assembly at its fifty-fourth session (resolution 54/192) and submitted for consideration by the Assembly in the context of an agenda item entitled “Strengthening of the coordination of humanitarian and disaster relief assistance of the United Nations, including special economic assistance:  strengthening of the coordination of emergency humanitarian assistance of the United Nations”.

The General Assembly, however, decided in paragraph 20 of its resolution 55/175 that the Sixth Committee should consider the Secretary-General’s report at its current session under the present item. 

Statements

MICHAEL BLISS (Australia) welcomed the ambitious new work programme that UNCITRAL had embarked on, which included matters covering electronic commerce, security interests in business inventory and sea transportation.  He said Australia also looked forward to completion of the work on commercial dispute resolution, and would welcome the presentation of draft legislative provisions on conciliation to the next session of UNCITRAL.

The new working methods also had the support of his country, he said.  The back-to-back meetings of working groups would cut down on travel costs.  That was a matter of some significance to Australia because of its remoteness from both Vienna and New York.  Australia supported the enlargement of the Commission to 72 members and did not believe the Commission’s prestige would be undermined by its enlargement.

SHUICHI AKAMATSU (Japan) said his country appreciated the Commission’s contribution in the promotion of progressive harmonization and unification of international trade law.  It particularly welcomed the adoption of the convention on assignment of receivables in international trade as well as the UNCITRAL Model Law on Electronic Signatures during the Commission’s thirty-fourth session.  Japan endorsed the Commission’s recommendation that the General Assembly adopt the convention during its current session.

Japan expressed gratitude to the secretariat and members of the Commission on the progress made in the work on electronic commerce during the Commission’s thirty-fourth session.  Japan had enacted and implemented a Law on Electronic Signatures based on the UNCITRAL Model Law.

He said harmonization and consistency among insolvency laws of various countries was very important.  It was appropriate that the Commission formulate a guideline on that, taking into account that domestic regimes varied substantially from country to country.

Commenting on the Commission’s work methods, he urged it to carefully set priorities among the themes it dealt with.  He also endorsed the proposed enlargement of the Commission’s membership, noting that it would facilitate the Commission’s work and further enhance its development of international trade law.

SAEID MIRZAEE-YENGEJEH (Iran) said that it was gratifying to note that after six years of intensive work, the Commission had finalized the draft convention on assignment of receivables, whose adoption would greatly facilitate the transfer of receivables and enhance the availability of credit at more affordable rates.  He also supported the adoption, at this session as well, of the draft model law on electronic signatures and its guide.

Citing the increase in membership of the United Nations, he welcomed the proposal to increase the membership of the Commission to 72.  It was a positive response to the desire of many States for active participation in the activities of the Commission and had no financial implications.  Allocation of seats to the regional groups should respect principles of equitable geographical distribution and representation of major legal systems.

He expressed concern that not all members would be in a position to provide resources for participation in the Commission’s work on six different projects at the same time, nor was he convinced that the secretariat itself, given the existing resources, could provide services to six projects at the same time.  He also expressed concern about less participation from developing countries.

KENJIKA L.EKEDEDE (Nigeria) said the Commission had made an invaluable contribution to various aspects of international trade law.  Its Legislative Guide on Privately Financed Infrastructure Projects constituted a significant achievement by the Commission, he said.  The guide served as a useful reference for policy makers, especially in developing countries, in establishing a legal framework favourable to attracting private investment in public infrastructure. Nigeria had an investment regime that emphasized the importance of foreign direct investment.  It had put in place a favourable legal regime that encouraged foreign investment.

Nigeria supported the Commission’s decision to prepare uniform rules on the legal issues of electronic signatures.  Difficulties still existed in reaching a common understanding of the new legal issues arising from the increased use of digital and other electronic signatures and in achieving consensus on how those issues might be addressed in an internationally acceptable framework.  He said electronic commerce must not interfere with the law on formulation of contracts but promote international trade by providing increased legal certainty on the conclusion of contracts by electronic means.

Nigeria supported the Commission’s work on insolvency.  He said the Asian financial crisis brought to the fore the need for a strong insolvency regime, and consistency among insolvency laws of various countries.  A model law would assist developing countries foster and encourage the adoption of effective insolvency regimes, he said.  His delegation supported the increase in the Commission’s membership which would promote its representative character. 

HWANG CHEOL-KYU (Republic of Korea) said that in this era of globalization and liberalization of the world economy, the remarkable changes in the nature and scope of international trade had made the current size of the Commission inadequate to accommodate the various interests.  His country was rapidly approaching the status of tenth largest trading nation in the world and had been an active and productive participant in the work of the Commission, although it was not a member.  He therefore fully supported the expansion of the Commission to at least 60 seats.  One of the major considerations in distribution of seats should be the importance the concerned countries occupied in international trade.

He welcomed the draft convention on assignment of receivables which would serve as a useful reference for domestic legislators and policymakers.  The current legislative guide approach on insolvency was appropriate for fostering and encouraging the adoption of effective and cooperative national insolvency regimes. The guide should be the result, though, of negotiations by States with a diversity of national traditions and administrative practices.  Also, different legal systems should be respected and reflected in the deliberation process on preparation of a model law on conciliation.

WILLIAM HYBL (United States) said UNCITRAL was one of the most successful and useful United Nations enterprises.  It had proved to be a highly professional part of the effort to expand and facilitate global trade.  Harmonizing commercial law in all regions brought advantages to all States, whatever their level of economic development.  The UNCITRAL approached its mission in a notably non-political way which accounted, at least in part, for its record of achievement.

The United States supported the adoption without delay of the draft convention on assignment of receivables which had the potential to open up commercial credit in all regions through adoption of modern finance law as an international standard.  He recommended that States consider adopting the optional provisions on priority rules which allowed for the establishment of a computer-based registry system.  The United States welcomed discussions with States as to the means of establishing such a registry system in the near future.

He remained concerned that the rules in the new model law on electronic signatures might encourage standards that were difficult to implement for a wide enough range of commercial transactions.  Nevertheless, he supported their use, with modifications, as a starting place for countries that had yet to adopt law on the subject.  As to the preparation of more detailed guidelines and model provisions for States on privately financed infrastructure projects, the working group ought to help developing and emerging States by encouraging openness of capital markets for support for necessary infrastructure development, including ports, roads, utilities, and production facilities. 

T.M. HAMZAH THAYEB (Indonesia) welcomed the recommendation that the General Assembly adopt the draft convention on assignment of receivables in international trade.  He said there was need to facilitate receivables financing to ensure availability of credit at more affordable rates.  The UNCITRAL Model Law on Electronic Signatures, which was to be transmitted to Member States along with a Guide to Enactment of the Model Law, would assist States to update their laws and assure uniformity in paper-based forms of communication and their storage.

He suggested that the working group on insolvency law should take account of the work already undertaken in that field by the Asian Development Bank, the International Monetary Fund, and the World Bank to avoid duplication of efforts. Indonesia welcomed the recommendation to increase the Commission’s membership based on the principle of equitable geographical representation.  It also underlined the importance of UNCITRAL’S work on training and technical assistance to developing countries.

ALLIEU I. KANU (Sierra Leone) said his country generally supported the draft convention on the assignment of receivables in international trade and hoped it would help developing countries and States with economies in transition.  It also supported its adoption by the General Assembly.

He said his Government was working on a bill that was inspired by the UNCITRAL’s model law on electronic signatures to be introduced soon in the country’s parliament.  On the Commission’s future work on electronic commerce, he said a broad approach should be adopted in dealing with issues related to electronic transactions.

Sierra Leone, like the United Kingdom and China, believed that the Commission’s future work plan should be arranged to yield maximum benefits.  Its agenda should reflect its ability to thoroughly deal with issues and avoid duplication and repetition.  Sierra Leone also supported the enlargement of the Commission. 

KARIM MEDREK (Morocco) said his country was a member of UNCITRAL and followed its work closely.  Morocco was satisfied with the professional work being carried out by the Commission.  The draft convention on assignment of receivables would contribute to international trade and allow for credit at more favorable terms.  Morocco had no objection to the adoption of the draft convention in its present form.

Morocco fully supported the adoption of the Model Law on Electronic Signatures, he said, citing the growing use of electronic signatures to replace handwritten signatures.  The model law would reduce the level of uncertainty that currently existed as the model law provided practical measures to certify electronic signatures.  He also supported the preparation without delay of rules on electronic contracts.  He noted that Morocco had recently organized an international symposium for the integration of Morocco into the new information and technology world.

He said he also supported the expansion of the Commission; that would bring about a greater representation of different legal and economic activities, without sacrificing the effectiveness of the Commission.

Statement by UNCITRAL Chairman

In concluding remarks, ALEJANDRO OGARRIO (Mexico), Chairman of UNCITRAL, said he was convinced of the importance of the Commission’s work.  International trade was indispensable to economic development.  The adoption of the convention on receivables was of greatest importance to international trade law.  In the absence of easily available credit at affordable rates, economic development would be difficult.  The proposed convention was an important step forward; it would streamline the process of financing to the benefit of developing countries and all others involved.

He said electronic commerce was here to stay, and had to be regulated.  The UNCITRAL law offered broad possibilities for that.  Considerable increase in international trade also led to undesirable effects such as bankruptcy.  The UNCITRAL had been successful in settling international trade disputes. International arbitration had been welcomed and widely accepted.  Conciliation also had to be promoted.  By its very nature, conciliation was voluntary.  The Commission would establish a working group to begin work in that area.

Transport was another topic of great importance and the Commission hoped to fill the gaps in international transport law.  He said it was a vast subject, and he hoped a working group on it would have a broad domain to make its work successful.

He said many developing countries, including Mexico, had benefited from UNCITRAL activities, such as seminars.  The Commission continued to provide technical assistance and training programmes.  He appealed for support and more resources.  Topics proposed by the Commission for its future work had necessitated the establishment of working groups.  The subjects were topical and their prompt consideration was necessary.  The postponement of their consideration could be detrimental to international trade, he said.

Statements on Convention on Safety of United Nations Personnel

ELANA GADDIS (New Zealand) said the frequency and gravity of fatal attacks on individuals participating in United Nations missions in the field had continued to increase.  An adequate response to the situation required action on a range of fronts.  There was no doubt, however, that there was a particular role that the international community could play.  New Zealand and Ukraine had played a lead role in developing the 1994 Convention on the Safety of United Nations and Associated Personnel.

Events of recent years, however, had demonstrated that the current scope of the Convention alone was not enough, she said.  Coverage of the Convention remained fragmented.  The Convention provided no protection for humanitarian workers not closely connected to a United Nations operation and its application to locally recruited personnel remained incomplete.  Regrettably, the risks against personnel on the ground had no regard for the fine distinctions made in the Convention.

She said the Secretary-General had provided useful recommendations for legal steps, both interim and longer term, which could be taken in response to the issues.  She highlighted two of the recommendations in particular:  that key provisions of the Convention be incorporated into status-of-forces and status-of-missions agreements concluded when a peacekeeping operation was deployed; and that there be developed a protocol to extend the scope of the Convention to ensure its automatic application to all United Nations operations and categories of personnel.

She suggested the convening of a separate ad hoc committee to do justice to the issues concerned and to work through the issues, problems, and possible solutions, using the Secretary-General’s recommendations as a basis for considerations. 

JUAN GABRIEL VALDES (Chile), speaking on behalf of the Rio Group of Central and Latin American Countries, expressed regret for the loss of life yesterday of four United Nations personnel working in Afghanistan.  The incident underscored the extreme importance of today’s discussion on the Convention.  The Convention had established a system making individuals criminally responsible for attacks against United Nations personnel and had subjected them to prosecution or extradition regime.  The international norm was intended to serve as a deterrent.

Concern over the risks to United Nations personnel had been apparent since the early years of the Organization, he said.  In 1993, though, the seriousness of the situation had convinced the international community of the need to find a better response.  The swift adoption of the Convention had not been without its difficulties.  Rates of ratification since it came into force had been slow, although recently ratifications have begun to speed up.  Regrettably, though, the situation continued to deteriorate especially for locally recruited staff who were often viewed and used as easy targets.  Attacks on those staff were perceived to be of a lesser risk than those against personnel with blue helmets.

The Rio Group noted with interest the suggestion for the creation of a working group of the Sixth Committee to study the matter and would do its best to ensure that the group succeeded in preparing an effective and universal instrument that guaranteed the protection of all personnel of the United Nations.

BERND NIEHAUS (Costa Rica) said his country acknowledged and admired the professionalism, courage and dedication of United Nations personnel.  Their daily effort enabled the Organization to achieve its high goals.  Even more, their meritorious work in most difficult situations had saved many lives.

He said the 1994 Convention had serious limitations and defects.  Costa Rica ratified it on 17 October last year, but had expressed a reservation about its scope.  The application of the Convention during an armed conflict was problematic, he said.  The instrument should not be applied when the United Nations was a belligerent party and its personnel were combatants.  In those cases, the personnel were duly protected by the provisions of the 1949 Geneva Conventions and their protocols.  Any attack against the personnel was either a war crime or a legitimate military operation, not a crime in accordance with the 1994 Convention on the Security of United Nations and Associated Personnel.

His delegation endorsed the Secretary-General’s intention to recommend to the General Assembly or to the Security Council the issuance of a formal declaration on the existence of an exceptional risk, to trigger the application of the Convention to those United Nations operations different from peacekeeping.

Costa Rica also endorsed the Secretary-General’s intention to incorporate the main provisions of the Convention into the status-of-forces and statute-of-mission agreements with the host country.  However, the responsibility for the security of personnel fell on all parties to a conflict, including non-State actors and neighbouring States.  He said Costa Rica was not convinced of the need for a protocol to extend the scope of the application of the 1994 Convention.

MICHAEL BLISS (Australia) said events of the past few days had highlighted the exceptional risks faced by personnel participating in United Nations operations.  In Georgia a helicopter carrying United Nations military observers was shot down; in Pakistan, a UNICEF office was set ablaze and the windows of a UNHCR office were smashed.  It was the clear duty of all Member States to ensure the safety of personnel participating in United Nations operations.  As a reliable and substantial contributor to peacekeeping and other United Nations operations, Australia was all too aware that United Nations and associated personnel often confronted exceptional risks and were frequently the subject of attacks.

The Secretary-General’s report provided a valuable framework to consider the issue of strengthening protection afforded by international law.  He particularly supported the recommendation to incorporate key elements of the Convention into status-of-forces or status-of-missions agreements, which included the obligation to prevent attacks and to establish such attacks as crimes under the national law of the host State.

He said he also supported the Secretary-General’s determination to protect United Nations and associated personnel involved in risky non-peacekeeping operations as well as to protect humanitarian inter-governmental and non-governmental organizations not formally linked to United Nations operations. Australia strongly supported the establishment of an ad hoc working group of the Committee as a priority.

EVERT MARÉCHAL (Belgium), speaking for the European Union, said the dangers faced by humanitarian personnel and United Nations and associated personnel had sadly continued to increase over the last decade.  The deliberate attacks gravely undermined the activity of the United Nations and humanitarian organizations in regions of the world where they fulfilled important work.

Primary responsibility under international law for the security and protection of personnel lay with the Government hosting a United Nations operation conducted under the Charter, he said.  Parties involved in a conflict were also under obligation according to the Geneva Conventions.  The European Union welcomed the recent increase in States Parties to the Convention, which had been ratified by 54 States.  Yet in spite of the entry into force of the Convention in 1999, attacks continued to increase to even more alarming proportions.

The Secretary-General’s report was an important basis for any legal consideration of the security of United Nations and associated personnel.  Some of the recommendations could be readily considered and adopted by the Sixth Committee at this stage, such as the proposal to incorporate the Convention’s key provisions into status-of-forces and status-of-mission agreements.  Other recommendations deserved an in-depth analysis and further consideration.  The European Union therefore supported the establishment of an ad hoc group at an appropriate time during this session of the Assembly, he said.   

VLADIMIR TARABRIN (Russian Federation) said that hundreds of people were perishing in peacekeeping operations and other United Nations missions.  The loss of United Nations personnel in the helicopter crash in Abkhazia and yesterday’s events in Kabul were testament to the importance of the subject.  Russia itself had lost many of its sons while participating in peacekeeping operations.

He was convinced that a reliable legal system was the key to ensuring the safety of United Nations personnel.  Their safety would be greatly enhanced by the universal participation of States in the Convention.  Russia had ratified the Convention and called on other States who had not yet ratified to follow its example.

The report of the Secretary-General would serve as a basis for a further focus on a consideration of the issue.  He cautioned the Sixth Committee not to be too hasty nor too far reaching in its decisions.  The Committee should take full stock of all aspects of the matter.  As an example, it was necessary to question how far the Committee would be justified in extending protection to all personnel associated with the United Nations, even those with only a meagre link to United Nations operations.

ANDRII PRAVEDNYK (Ukraine) said the subject was of top priority to his country.  He said 24 of its peacekeepers had been killed and 50 seriously injured over the past eight years.  Only yesterday, there had been reports that three Ukrainian crew members had been killed during an attack against the helicopter of the United Nations Observer Mission in Georgia, which resulted also in the death of six other people.

He said the provisions of the Convention were not sufficient to ensure the same level of protection to categories of United Nations and associated personnel engaged in operations other than those specifically endorsed by the Security Council or the General Assembly, including locally recruited staff.  The Convention’s scope of legal protection should be extended.  Ukraine supported the adoption of an additional protocol to the Convention.

He called for respect by all parties in conflict zones for the rules of international law, including international humanitarian law, as well as for the neutrality and impartiality of United Nations and associated personnel.  He emphasized the important role that the future International Criminal Court could play in the crucial function of bringing to justice those responsible for serious violations of international humanitarian law.

MOHAMMED MAHMOUD GOMAA (Egypt) said his country had contributed to many relief efforts and United Nations operations, and had lost many of its nationals in those efforts.  Others had been maimed and wounded.  He welcomed the Secretary-General’s report and his call for greater protection for personnel who work in United Nations operations.  Specific reference to the Convention in status-of-forces agreements would enhance bilateral agreements between host countries and peacekeeping personnel or those who provided humanitarian relief.

The 1994 Convention was the subject of many questions and misgivings concerning the categories of personnel covered by the Convention.  Some of the questions raised included the rules regulating the presence of foreigners on the territory of host countries, and the impact on sovereign rights of host States. Many countries had been reluctant to sign the Convention and even now, the Convention did not enjoy the approval of a great many States.

As for any next steps on the subject, he said he questioned the need for a protocol, and recommended instead that other options reflecting the concerns of several countries be explored.  The issue needed more debate and the Sixth Committee should not be hasty in taking decisions, as for example in establishing an ad hoc committee.  It was the established practice at the United Nations to exhaust all other possibilities before creating an ad hoc committee or working group of the Sixth Committee, he said.

SALIFOU FOMBA (Mali) said there was need for better definition of personnel covered and of security.  He noted some of the Convention’s provisions, such as the obligation imposed upon States Parties to ensure the safety and security of United Nations and associated personnel and to protect them from the crimes set out under the Convention.

He also referred to other obligations such as cooperation in jurisdictional matters, as well as follow up mechanisms.  He referred to the Secretary-General’s proposals on measures to strengthen the Convention, pending the conclusion of a protocol to extend its scope of application.  These included a procedure to initiate a declaration by the Security Council or the General Assembly, warning of immediate attacks or escalation of a conflict.

The other proposals included granting the Secretary-General authority to certify to the fact or content of a declaration, and incorporating the Convention’s key provisions in status-of-forces or status-of-mission agreements. He said the proposal on a declaration had merit as it set out clearly the criteria for action.

He welcomed the Secretary-General’s proposal on the need for a protocol to extend the scope of the Convention’s application.

Statement on UNCITRAL report

In a further statement on the UNCITRAL report, AMRAIYA NAIDU (Fiji) said his country had been inspired to become a member of the Commission.  The pivotal role of international trade in complementing the process of trade liberalization must continue to be flagged in the Commission, to give leverage to the positions of developing countries.  Those countries faced great constraints in keeping abreast of the major industrial powers on what was purportedly a level playing field.  He said, there were flaws in that premise, and it was Fiji’s hope that the gaps and loopholes in the market place could be sufficiently absorbed by the mechanisms, laws and regulations adopted or being developed by the Commission.

He said privately financed infrastructure projects and assignment of receivables were two topics that had potential benefits for developing countries like his own.  He hoped technical assistance on privately financed infrastructure projects would be made available in his region by the Commission.  Fiji also strongly endorsed the availability of funding assistance to help with meaningful participation as a member.  He supported the enlargement of the membership of the Commission. 

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