Third Committee Approves 11 Drafts Covering Use of Mercenaries, Women in Rural Areas, Unilateral Coercive Measures amid Sparring over Right to Food
The Third Committee (Social, Humanitarian and Cultural) approved 11 draft resolutions today, covering issues that included the use of mercenaries as a means of violating human rights, the situation of women and girls in rural areas, and the imposition of unilateral coercive measures.
In one of seven recorded votes taken throughout the day, the Committee approved a draft on unilateral coercive measures, which would have the Assembly strongly object to the extraterritorial nature of these measures, which threaten the sovereignty of States. Passed by a recorded vote of 124 in favour to 54 against, with no abstentions, it would have the Assembly urge the Human Rights Council to fully consider the negative impact of such measures in the implementation of the right to development.
Before the vote, the United States representative stressed that sanctions do not undermine respect for human rights. She placed blame instead on those who commit rights violations. Describing sanctions as an effective tool for promoting peace and countering terrorism, she said the draft undermines the international community’s ability to respond to violations and abuses.
Expressing a different view, Venezuela’s representative, on behalf of the Group of Friends, pointed to the negative impact of sanctions on the enjoyment of all human rights, including the right to development. These illegal measures represent a massive violation of human rights, he asserted.
In other action, the Committee approved a draft on the right to food by a recorded vote of 180 in favour to 2 against (Israel, United States), with no abstentions, expressing alarm that in 2020, the number of people lacking access to adequate food rose by 320 million ‑ to 2.4 billion ‑ amounting to nearly a third of the world’s population, and that between 720 million and 811 million people faced hunger.
“Hunger is a violation of human dignity”, Cuba’s delegate asserted. Presenting the draft, he voiced concern that the United States has blocked consensus on the text for four years. The United States representative — highlighting conditions in the Lake Chad Basin, Yemen and Somalia ‑ said the draft contains unbalanced and inaccurate positions that her delegation simply cannot support. The concept of food sovereignty could justify food protectionism, negatively impacting food security, she explained, adding that the United States does not recognize the right to food, as it lacks a definition in international law.
Also today, the Committee approved a consensus draft on the situation of women and girls in rural areas, by which the Assembly would urge States to pursue the political and socioeconomic empowerment of rural women and support their full participation in decision-making. It would also underscore the need to ensure that rural women have access to information and communications technologies (ICTs).
The Committee also approved draft resolutions on several other issues: the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination; the International Convention for the Protection of All Persons from Enforced Disappearance; promotion of equitable geographical distribution in the membership of the human rights treaty bodies; the right to development; human rights and cultural diversity; enhancement of international cooperation in the field of human rights; strengthening United Nations action in the field of human rights through the promotion of international cooperation and the importance of non-selectivity, impartiality and objectivity; and promotion of a democratic and equitable international order.
The Third Committee will reconvene at 10 a.m. on Friday, 12 November, to take action on draft resolutions.
Action
The Committee next took up the draft resolution titled, “Improvement of the situation of women and girls in rural areas” (document A/C.3/76/L.24), which the Chair said contains no budget implications.
The representative of Mongolia, introducing the draft, said rural women and girls are central to achieving almost all the Sustainable Development Goals. Global poverty increased for the first time since 1998, due to the fallout from the COVID‑19 crisis, which revealed huge social protection gaps worldwide, particularly for women and girls. The diversity of rural women and girls and their needs and priorities require tailored policies and programmatic responses to enhance their livelihoods and resilience to future crises, she said, adding that the draft has had technical updates.
The representative of the United States, noting that her country supports gender equality and the empowerment of women and girls, referred to her delegation’s general statement on 5 November.
The Committee then approved draft resolution “L.24” without a vote.
By its terms, the Assembly would urge Member States to attach greater importance to improving the situation of these women by creating an enabling an environment for ensuring systematic attention to their needs, providing access to universally accessible primary health care and, notably, ensuring universal access to sexual and reproductive health and reproductive rights, in accordance with the Programme of Action of the International Conference on Population and Development.
By further terms, it would urge States to pursue the political and socioeconomic empowerment of rural women and support their full and equal participation in decision-making through affirmative action, promoting and protecting their rights to vote and to be elected. It would also stress the need to identify best practices for ensuring that rural women have access to and equal participation in information and communications technology (ICT) and to ensure their participation in developing and implementing related global, regional and national strategies, taking educational measures to eliminate gender stereotypes about women in the field of technology.
The representative of Bahrain, on behalf of a group of countries, said his delegation joined the consensus to promote this topic. The right to sexual and reproductive health should go hand in hand with national legislation, he added.
The representative of Canada said the inclusion of rural women and girls is essential in matters that impact them, welcoming references to indigenous women and girls throughout the draft.
The representative of Iran said Bahrain’s delegate used a fabricated name for the Persian Gulf. Over the past half century, the United Nations practice has stated that the term “Persian Gulf” is the only name applicable to this body of water. Any use of fake names for this body of water is unacceptable.
The Committee then considered the draft resolution titled, “Use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination” (document A/C.3/76/L.42).
The representative of Cuba, introducing draft “L.42”, said the text is a technical update of the resolution adopted during the Human Rights Council’s forty-fifth session, underlining that it is aligned with the principles of the Charter of the United Nations.
The representative of the United States, while recognizing the threats posed to human rights by the use of mercenaries, nonetheless distinguished between their use by the military and by private security companies. She indicated that her delegation would vote against the draft resolution.
The Committee then approved draft “L.42” by a recorded vote of 122 in favour to 51 against, with 6 abstentions (Colombia, Liberia, Mexico, Palau, Switzerland, Tonga).
By the text, the Assembly would urge all States, once again, to take legislative measures to ensure that their territories and those under their control are not used for ‑ and that their nationals do not take part in ‑ the recruitment, assembly, financing, training, protection or transit of mercenaries for the planning of activities designed to impede the right of peoples to self-determination. Nor should such territories be used to destabilize or overthrow the Government of any State or to dismember or impair ‑ totally or in part ‑ the territorial integrity or political unity of sovereign and independent States conducting themselves in accordance with the right of peoples to self-determination.
By other terms, the Assembly would call on States to investigate the possibility of mercenary involvement whenever and wherever criminal acts of a terrorist nature occur and to bring to trial those found responsible, or to consider their extradition, if so requested, in accordance with national law and applicable bilateral or international treaties.
The representative of Argentina expressed full support for the right of self-determination, in line with the provisions of the draft resolution.
The Committee next took up the draft resolution “International Convention for the Protection of All Persons from Enforced Disappearance” (document A/C.3/76/L.34), which the Chair noted contained no programme budget implications.
The representative of Argentina, presenting the draft resolution, said the text welcomes that the International Convention was signed by 98 States and ratified by 64 States. It encourages all States that have not done so to sign or ratify this crucial instrument. More support must be provided to civil society members to enable them to report to the Working Group as, in many cases, the absence of reporting is due to the fear of reprisals and the failure of justice administration. He expressed concern that the COVID‑19 crisis has created a new context in which enforced disappearances can occur, and that measures created to tackle the pandemic have impacted the capacity of many stakeholders to investigate such behaviour.
The Assembly then approved draft resolution “L.34” by consensus.
By its terms, the General Assembly would recognize the importance of the International Convention for the Protection of All Persons from Enforced Disappearance, requesting the Secretary‑General and the United Nations High Commissioner for Human Rights to increase their intensive efforts to assist States in becoming parties to it. Welcoming that 98 States have signed the Convention and 64 have ratified or acceded to it, the Assembly would call on States that have not yet done so to consider signing, ratifying or acceding to the Convention as a matter of priority. It would also recognize the importance of the Declaration on the Protection of All Persons from Enforced Disappearance as a body of principles designed to punish enforced disappearances, to prevent their commission and to help victims and their families seek fair, prompt and adequate reparation.
The representative of the United States, speaking in explanation of vote, clarified that her country is not a party to the Convention and that the obligations articulated in preambular paragraphs 6, 7 and 8 apply only to States that have undertaken these obligations as parties to that instrument. The draft resolution does not create any new rights or obligations, she added.
The Committee then considered the draft resolution titled, “Enhancement of international cooperation in the field of human rights” (document A/C.3/76/L.37).
The representative of Cuba, speaking for the Non-Aligned Movement, said that given the pandemic restrictions and the inability to hold in-person meetings, the text is a technical rollover. It is geared towards enhancing the spirit of international cooperation in the sphere of human rights.
The Committee then approved “L.37” without a vote.
By the text, the Assembly would urge States to enhance bilateral, regional and international cooperation in addressing the adverse impact of “consecutive and compounded global crises”, such as financial and economic crises, food crises, climate change and natural disasters, on the full enjoyment of human rights.
By other terms, the Assembly would request the Secretary‑General to consult States and intergovernmental and non-governmental organizations on ways and means to overcome obstacles for the enhancement of international cooperation in the United Nations human rights machinery. Encouraging Member States and the United Nations system to consider complementarities among North‑South, South‑South and triangular cooperation, the Assembly would also call on Member States and intergovernmental organizations to promote all human rights and fundamental freedoms by continuing to carry out a constructive dialogue.
The representative of the United States expressed support for the draft but disassociated from preambular paragraph 5, emphasizing that while international cooperation is a helpful instrument in the promotion of human rights, each State maintains the primary responsibility in that regard.
The Committee then considered the draft resolution titled, “Promotion of equitable geographical distribution in the membership of the human rights treaty bodies” (document A/C.3/76/L.38).
The representative of Cuba, introducing draft resolution “L.38”, said on behalf of the Non-Aligned Movement that the text is a technical update of that adopted during the Human Rights Council’s forty-fifth session, underlining that it is aligned with the principles of the Charter of the United Nations.
The representative of the United States, in an explanation of the vote before the vote, expressed reservations about the draft, underlining that her delegation would vote against it.
The representative of Slovenia, speaking on behalf of the European Union, said the bloc would vote against the draft, as it is not up to the General Assembly to modify the provisions of treaty bodies. He welcomed a discussion, while reaffirming the independence and impartiality of treaty bodies that are not recognized in the draft resolution.
Draft resolution “L.38” was approved by a recorded vote of 126 in favour to 52 against, with no abstentions.
By the text, the Assembly would recommend, when considering the possible allocation of seats on each treaty body on a regional basis, the introduction of flexible procedures, with criteria outlining that each of the five regional groups is allocated seats in equivalent proportion to the number of States parties to the instrument in that group. Further, there must be provision for periodic revisions of the allocation of seats in order to reflect relative changes in the level of treaty ratification in each regional group, while automatic periodic revisions should be envisaged in order to avoid amending the text of the instrument when the quotas are revised. By other terms, the Assembly would request the Secretary‑General to submit to the Assembly’s seventy-eighth session an updated report containing information on any steps taken by States parties to address the matter of equitable geographical distribution in the membership of the human rights treaty bodies, as well as recommendations on the implementation of the present resolution. It would also urge States parties to the United Nations human rights instruments to include this matter in the agenda of each meeting.
The representative of Brazil underlined that article 101 of the United Nations Charter states that the recruitment of staff should be based on geographical distribution, noting that the Organization is lagging in this regard. Nonetheless, Brazil voted in favour of the draft resolution.
The Committee then considered the draft resolution titled, “Human rights and unilateral coercive measures” (document A/C.3/76/L.39).
The representative of Cuba presented draft resolution “L.39” on behalf of the Non-Aligned Movement, expressing concern about the use of unilateral coercive measures, especially in the context of COVID‑19, as they negatively impact the enjoyment of all human rights. Expressing strong opposition to their use as a tool to exert political and economic pressure against developing countries, he requested all delegations to support the draft.
The representative of the United States said the draft does not advance respect for human rights. Sanctions do not undermine respect for human rights; rather, those who commit violations do so. Stressing that sanctions are an important and effective tool to promote peace and counterterrorism, she said those who point to sanctions as the problem only advance a false narrative. The draft undermines the ability of the international community to respond to human rights violations and abuses. For its part, the United States takes measures to minimize the impact of sanctions on vulnerable communities, she said, pointing to Syria and Venezuela, where her country facilitates the provision of aid and is the leading doner of humanitarian assistance to both countries, providing billions of dollars. She requested a vote on the draft resolution and said her delegation will vote against it.
The representative of Venezuela, on behalf of the Group of Friends, said sanctions contravene the spirit of the United Nations Charter, creating a negative impact on the realization of all human rights, including the right to development. Noting that their impact was intensified during the COVID‑19 pandemic, he said these illegal measures represent a massive violation of human rights. Promotion and protection of all human rights is strengthened in dialogue, in accordance with the principle of non-selectivity. He strongly encouraged States to refrain from any measures that impede the full achievement of economic and social development, especially in developing countries.
The representative of Armenia rejected the one-sided formulation presented by the Non-Aligned Movement that distorts the root causes of the Nagorno‑Karabakh conflict. Such a selective approach to the right to self-determination undermines the Movement’s long-standing position on that issue. She dissociated from preambular paragraph 6 of draft “L.39” and preambular paragraph 22 of draft “L.41”, containing references to the last summit of the Non-Aligned Movement.
The Committee then approved draft “L.39” by a recorded vote of 124 in favour to 54 against, with no abstentions.
By the text, the Assembly would strongly urge States to refrain from promulgating and applying any unilateral economic, financial or trade measures not in accordance with international law. It would also condemn the inclusion of Member States in unilateral lists under false pretexts, including false allegations of terrorism sponsorship, considering such lists as instruments for political or economic pressure against Member States, particularly developing countries.
In addition, the Assembly would strongly object to the extraterritorial nature of those measures, which threaten the sovereignty of States. It would call on all Member States neither to recognize nor to apply them and ‑ further ‑ to take administrative or legislative measures to counteract the extraterritorial applications or effects of unilateral coercive measures. By other terms, the Assembly would reject all attempts to introduce unilateral coercive measures and urge the Human Rights Council to take fully into account their negative impact in its task concerning the implementation of the right to development. It would also request the Special Rapporteur to submit a report to the Assembly’s seventy-seventh session on the implementation of the present resolution and the negative impact of these measures on the full enjoyment of human rights.
The representative of Chile, in explanation of vote, opposed measures that undermine human rights and peaceful coexistence among States, especially in the context of COVID‑19. He called for constructive dialogue among States, and for an impartial approach, rejecting any political use of the draft resolution.
The representative of Iran rejected illegal sanctions and stressed the urgent need for a multilateral solution. The imposition of unilateral coercive measures poses a serious threat to global stability, as these measures punish civilians, hindering their access to medical equipment and medicine. As such, they should be condemned by consensus, she asserted.
The Committee then considered the draft resolution titled, “Human rights and cultural diversity” (document A/C.3/76/L.40).
The representative of Cuba, introducing the draft for the Non-Aligned Movement, said that given the pandemic restrictions, the draft is mostly a technical update. The text states that all cultures and civilizations share a common set of values and reaffirms that each culture has a dignity and value that must be respected and protected. The draft expresses concern over a lack of recognition of this fact and its impact on human rights, he said, expressing hope that it will be approved by consensus.
The representative of the United States expressed support for the promotion of cultural pluralism, underscoring that all Governments are responsible for protecting the rights and freedoms set forth in human rights law. She expressed concern that the text misinterprets cultural diversity in relation to human rights law. Further stressing that the United Nations Educational, Scientific and Cultural Organization (UNESCO) should not take up initiatives to promote intercultural dialogues on human rights, she said the United States will vote against the text.
The Committee then approved “L.40” by a recorded vote of 126 in favour to 55 against, with no abstentions.
By the text, the Assembly would affirm the importance for all peoples and nations to hold, develop and preserve their cultural heritage and traditions in a national and international atmosphere of peace, tolerance and mutual respect. Emphasizing the important contribution of culture to the Sustainable Development Goals, the Assembly would express its determination to prevent and mitigate cultural homogenization, in the context of globalization, through increased intercultural exchange.
By other terms, it would request the Office of the High Commissioner for Human Rights and invite UNESCO to support initiatives aimed at promoting intercultural dialogue on human rights, while urging States to ensure that their political and legal systems reflect the multicultural diversity within their societies and, where necessary, to improve democratic institutions.
The Committee then considered the draft resolution titled, “The right to development” (document A/C.3/76/L.41).
The representative of Cuba, introducing draft resolution “L.41” on behalf of the Non-Aligned Movement, said the text touches upon the unequal access to vaccines by developing countries. He thanked delegations for their involvement during the consultations, underlining that the Non-Aligned Movement made significant efforts to reach consensus among Member States.
The representative of the United States, in an explanation of the vote before the vote, said the draft promotes a right to development that is not aligned with a universal right enjoyed by every individual. It also protects States rather than individuals. She encouraged all States to comply with human rights obligations, in line with a “people-centred approach” as outlined in the 2030 Agenda for Sustainable Development, rejecting the language used in the draft resolution.
Draft resolution “L.41” was then approved by a recorded vote of 127 in favour to 25 against, with 28 abstentions.
By the text, the Assembly would request the Human Rights Council to “lead the raising of the right to development” ‑ as set out in paragraphs 5 and 10 of the Vienna Declaration and Programme of Action ‑ to the same level as all other human rights and fundamental freedoms. It would support the realization of the Working Group on the Right to Development, recognizing the need to overcome the political impasse therein and to fulfil its mandate, as established by the Commission on Human Rights in its resolution 1998/72 and the Human Rights Council in its resolution 4/4 of 30 March 2007.
By other terms, the Assembly would call on Member States to contribute to the efforts of the Working Group on the elaboration of a draft legally binding instrument on the right to development, based on the draft prepared by the Chair‑Rapporteur. The Assembly would also urge developed countries to make efforts towards meeting the targets of 0.7 per cent of their gross national product for official development assistance (ODA) to developing countries and 0.15 to 0.2 per cent of their gross national product to the least developed countries.
The representative of Slovenia, on behalf of the European Union, recalling that human rights are indivisible and interdependent, underlined that States have the primary responsibility to realize the development of their population. He expressed regret that the European Union’s fundamental concerns have not been addressed, indicating that the inclusion of a legally binding mechanism is not the way forward and that the provisions on COVID‑19 vaccine distribution failed to recognize recent developments. He also expressed regret that the impact of climate change was not included in the draft.
The representative of Brazil said his delegation abstained from the vote, while indicating that it maintains regular consultations with the Non-Aligned Movement.
The Committee then considered the draft resolution titled, “Strengthening United Nations action in the field of human rights through the promotion of international cooperation and the importance of non-selectivity, impartiality and objectivity” (document A/C.3/76/L.43).
The representative of Cuba, introducing the draft, said that due to the limitations of the pandemic and the inability to hold in-person consultations, the draft resolution contains technical updates. It reaffirms the importance of universality and non-selectivity in considering human rights issues, insisting that United Nations special mechanisms and procedures preserve their independence and conduct their work based on objective and evidence-based information.
The Committee then approved “L.43” without a vote.
By the text, the Assembly would reaffirm that it is a purpose of the United Nations ‑ and the task of all Member States ‑ to encourage respect for all human rights and to remain vigilant to violations of such, wherever they occur. An unbiased and fair approach to human rights issues contributes to the promotion of international cooperation and to the realization of all human rights. The Committee then considered the draft resolution titled, “Strengthening United Nations action in the field of human rights through the promotion of international cooperation and the importance of non-selectivity, impartiality and objectivity” (document A/C.3/76/L.43).
By other terms, it would request the Human Rights Council to continue taking duly into account the resolution and to consider further proposals for the strengthening of United Nations action in the field of human rights through the promotion of international cooperation and the importance of the principles of non-selectivity, impartiality and objectivity. At the same time, it would request the Secretary‑General to present further practical proposals and ideas towards that goal. It also calls upon Member states to base their activities for the promotion and protection of human rights on the Charter of the United Nations, the Universal Declaration of Human Rights and other relevant international instruments.
The Committee then turned to the draft resolution titled, “Promotion of a democratic and equitable international order” (document A/C.3/76/L.44).
The representative of Cuba, presenting the text, said that due to limitations induced by the pandemic and the inability to hold in-person consultations, the text is for the most part the same as the one approved in the previous session. It addresses limited and unequal access to vaccines of developing countries, he said, expressing hope that it would be approved by consensus.
The representative of the United States said her delegation is committed to the promotion of democratic values around the world. She expressed concerns over the general premise of the draft resolution as well as specific aspects of the text. She requested a vote on the draft and explained that the United States will vote “no”.
The Committee then approved “L.44” by a recorded vote of 117 in favour to 54 against, with 9 abstentions (Armenia, Brazil, Chile, Colombia, Costa Rica, Liberia, Mexico, Peru, Uruguay).
By the text, the Assembly would decide to continue consideration of the matter at its seventy-seventh session under the item entitled, “Promotion and protection of human rights”. By other terms, it would request the Secretary‑General to bring the present resolution to the attention of Member States and other relevant intergovernmental organizations while requesting the Independent Expert to submit to the General Assembly at its seventy-seventh session a report on the implementation of the resolution and on the role of a democratic and equitable international order for vaccine distribution against COVID‑19. In addition, the Assembly would call upon Member States to continue to support international cooperation and multilateral efforts under the leadership of the United Nations.
The Committee then considered the draft resolution titled, “The right to food” (document A/C.3/76/L.47).
The representative of Cuba, introducing the draft, said that given the impossibility of having in-person consultations due to the pandemic, the text is mostly the same as the one approved in the previous session. Recovery from the pandemic must take into account the right to food for everyone. “Hunger is a violation of human dignity”, he stressed, emphasizing that all people have the right not to suffer from hunger and must have access to healthy, nutritional and safe food. It is unfortunate that the United States has prevented consensus on the draft for the past four years.
The representative of the United States said the international community is confronting one of the most serious food insecurities in modern history. Hunger is on the rise, and the pandemic is impacting lives, harming how people feed themselves and their families, she said, highlighting conditions in the Lake Chad Basin, Yemen and Somalia. Yemen is facing potential famine. While this draft resolution acknowledges such hardships, it also contains unbalanced and inaccurate positions that the United States cannot support. She expressed concern that the concept of food sovereignty could justify food protectionism, which will have negative consequences for food security. The United States does not recognize the right to food, which does not have a definition in international law.
The Committee then approved “L.47” by a recorded vote of 180 in favour to 2 against (Israel, United States), with no abstentions.
By the text, the Assembly would reaffirm that hunger constitutes an outrage and a violation of human dignity, requiring the adoption of urgent measures at the national, regional and international levels for its elimination. It would express concern that the effects created by the world food crisis continue to have serious consequences for the poorest and most vulnerable people, particularly in many net food-importing countries.
By other terms, the Assembly would consider it alarming that, in 2020, the number of people lacking access to adequate food rose by 320 million ‑ to 2.4 billion ‑ amounting to nearly a third of the world’s population, as estimated by the Food and Agriculture Organization (FAO), and that between 720 million and 811 million people faced hunger. Expressing deep concern that, while women contribute more than 50 per cent of the food produced worldwide, they account for 70 per cent of the world’s hungry, the Assembly would call on States to support programmes aimed at combating undernutrition in mothers, and to eliminate preventable mortality and morbidity of children under 5 years of age. It would also stress the importance of fighting hunger in rural areas, including through national efforts supported by international partnerships to stop desertification and land degradation.
Right of Reply
The representative of Azerbaijan, speaking in exercise of the right of reply, said she was taking the floor in response to remarks by the representative of Armenia. In September 2020, in a meeting of the General Assembly, the President of her country drew attention to the continued occupation of territories of Azerbaijan by Armenia. Armenia was defeated on the battlefield and Nagorno‑Karabakh was left in the past, she said, noting that a new economic zone now exists. There is no longer an administrative unit called Nagorno‑Karabakh.
The representative of Syria disputed the “baseless allegations” levelled by the representative of the United States, noting that her country’s position on unilateral coercive measures is known. On 8 November, she said, her sister had delivered her first child, who is now at home. However, that home does not have electricity. Power cannot be generated because of the unilateral coercive measures against Syria.
The representative of Armenia said that Azerbaijan manipulates the platform of the Non-Aligned Movement to present its side of the Nagorno‑Karabakh conflict, stressing that Azerbaijan denies the rights of the people of Nagorno‑Karabakh to live freely on their ancestral homeland.
The representative of Azerbaijan, taking the floor again, stressed that there is no longer a Nagorno‑Karabakh. She pointed to the landmines left by Armenia’s military, calling on the international community to force Armenia to provide maps of the landmines.
The representative of Armenia said the remark by Azerbaijan’s delegate that there is “no longer a Nagorno‑Karabakh” reflects the Non-Aligned Movement’s stance on the right to self-determination.