General Assembly Takes Up Draft Texts from Fourth and Sixth Committees, Adopting 50 Resolutions, 13 Decisions on Wide Range of Topics
Recorded Votes Taken on Palestine Texts; Legal Drafts Pass by Consensus
Acting on the recommendations of its Fourth Committee (Special Political and Decolonization) and Sixth Committee (Legal), the General Assembly today adopted a total of 50 resolutions and 13 decisions on items ranging from decolonization and the question of Palestine to the work of the International Legal Commission and restrictions on United Nations staff members from certain missions.
Taking up the Fourth Committee’s body of work for the seventy-eighth session, the Assembly adopted 33 draft resolutions and 3 draft decisions, including a text on Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan (document A/78/421), which was adopted by a recorded vote of 149 in favour to 6 against (Canada, Hungary, Israel, Federated States of Micronesia, Nauru, United States), with 19 abstentions.
By its terms, the Assembly condemned settlement activities in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan and any activities involving the confiscation of land, the disruption of the livelihood of protected persons, the forced transfer of civilians and the annexation of land, whether de facto or through national legislation. That text was one of three under the agenda item “Israeli practices and settlement activities affecting the rights of the Palestinian people and other Arabs of the occupied territories”, all of which took votes.
Canada’s representative, speaking in explanation of position, said that his country will continue to vote against the numerous resolutions exclusively focused on the Arab-Israeli conflict that consistently single out Israel. He added that Canada considers the increase in extremist settlers’ violence in the West Bank, including approval by the Israeli government of thousands of new constructions, as running counter to international law, warning that they further the prospects for a negotiated two-State solution.
Nepal’s delegate, who voted in favour of the resolutions, called for dialogue and diplomacy as he condemned the terrorist attack by Hamas on Israel and the indiscriminate use of force against civilians by both parties. He also called for the release of hostages taken by Hamas, including a Nepali student.
The Assembly also adopted three draft resolutions related to the United Nations Relief and Works Agency for Palestine Refugees in the Near East, each by a recorded vote. The text on the Agency’s operations (document A/78/420) was adopted by a recorded vote of 165 in favour to 4 against (Canada, Israel, Federated States of Micronesia, United States), with 6 abstentions (Cameroon, Guatemala, Kiribati, Palau, Papua New Guinea, Vanuatu).
By its terms, the Assembly expressed its deep concern about the extremely critical financial situation of UNRWA and attempts to discredit the Agency despite its proven operational capacity and consistent implementation of its mandate. It also called upon Israel to ensure the safety of the personnel of the Agency and the protection of its institutions.
The six resolutions concerning Israel and Palestine were approved in the Fourth Committee as technical updates to last year’s texts, given the ongoing crisis in the region. (See Press Release GA/SPD/798.)
Turning to the texts on decolonization, the Assembly adopted 21 resolutions and one draft decision. Five of the resolutions were adopted by recorded votes, including one on economic and other activities which affect the interests of the peoples of the Non-Self-Governing Territories (document A/78/426), which garnered 172 votes in favour to 2 against (United States, Israel), with 3 abstentions (Central African Republic, France, United Kingdom). By its terms, the Assembly expressed its concern about activities aimed at exploiting the natural and human resources of the Territories to the detriment of their inhabitants. It also reaffirmed the need to avoid any economic or other activities, including the use of the Non-Self-Governing Territories for military activity, that adversely affect the interests of the Territories’ peoples.
Also requiring a recorded vote was the text concerning the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples by the specialized agencies and the international institutions associated with the United Nations (document A/78/427), which was adopted by a recorded vote of 126 in favour to 2 against (United States, Israel), with 51 abstentions. By its terms, the Assembly requested administering Powers to facilitate the participation of appointed and elected representatives of Non-Self-Governing Territories in the relevant meetings and conferences of the specialized agencies and other organizations of the United Nations system.
Turning to the Sixth Committee’s body of work for the seventy-eighth session, the Assembly adopted without a vote 17 resolutions and 10 decisions. It also approved one draft letter. Those texts considered a wide range of legal issues, including the work of the International Law Commission and the United Nations Commission on International Trade Law.
Among them, the Assembly adopted a resolution concerning the Organization’s flagship legal-education initiative, the Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law (document A/78/434). By that text, it encouraged the Codification Division to cooperate with the African Institute of International Law on the second International Law Seminar for African Universities, to be held in Ethiopia in 2024. As well and subject to the availability of funds, the Assembly would also provide for the award of the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea in 2024.
The Assembly also adopted the resolution titled “Responsibility of international organizations” (document A/78/446), requesting the Secretary-General to update the compilation of decisions of international courts, tribunals and other bodies referring to the articles and inviting Governments and international organizations to submit information on their practice, as well as written comments on any future action regarding the articles.
Through a resolution on strengthening and promoting the international treaty framework (document A/78/442), the Assembly requested the Secretary-General to strengthen the capacity of the Treaty Section to perform its functions in order to meet increasing demands. Member States were invited to focus their comments during the debate at the General Assembly’s eightieth session on the subtopic “The role of technology in shaping treaty-making practice”.
Through a resolution on the report of the Committee on Relations with the Host Country (document A/78/447), the General Assembly strongly urged the United States, the host country, to remove all travel restrictions on staff of certain missions and Secretariat staff members of certain nationalities. It also expressed serious concern over multiple cases of denial and non-issuance of entry visas, emphasizing the importance of the full participation of all delegations in the work of the United Nations. The Assembly, additionally, reiterated its request to the Secretary-General to give serious consideration and take any appropriate steps under section 21 of the Headquarters Agreement and intensify efforts to expedite the resolution of issues.
Introducing the reports containing the draft texts were Mariska Dwianti Dhanutirto (Indonesia), Rapporteur of the Fourth Committee at its seventy—eighth session, and Moussa Mohamed Moussa (Djibouti), her counterpart on the Sixth Committee. Ms. Dhanutirto commended the high level of cooperation among the delegates and the consummate diplomatic skills of the Fourth Committee Chair, Mathu Joyini (South Africa), while Mr. Moussa highlighted the Sixth Committee’s practice of consensus, saying: “International law requires a harmonious symphony of ideas where every voice of a Member State can contribute to the composition of a balanced melody.”
In other business today, the Assembly adopted a decision concerning the participation of non-governmental organizations, civil society organizations, academic institutions and the private sector in the third United Nations Conference on the Landlocked Developing Countries (document A/78/L.23). That Conference is scheduled to take place in Kigali on 18 to 22 June 2024.
Action on Fourth Committee Draft Resolutions
The General Assembly first took up the reports of its Fourth Committee (Special Political and Decolonization) on the following agenda items: “Assistance in mine action” (document A/78/417); “Effects of atomic radiation” (document A/78/418); “International cooperation in the peaceful uses of outer space” (document A/78/419); “United Nations Relief and Works Agency for Palestine Refugees in the Near East” (document A/78/420); “Israeli practices and settlement activities affecting the rights of the Palestinian people and other Arabs of the occupied territories” (document A/78/421); “Comprehensive review of the whole question of peacekeeping operations in all their aspects” (document A/78/422); and “Comprehensive review of special political missions” (document A/78/423).
Also awaiting action were reports on “Questions relating to information” (document A/78/424); “Information from Non-Self-Governing Territories transmitted under Article 73 e of the Charter of the United Nations” (document A/78/425); “Economic and other activities which affect the interests of the peoples of the Non-Self-Governing Territories” (document A/78/426); “Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples by the specialized agencies and the international institutions associated with the United Nations” (document A/78/427); “Offers by Member States of study and training facilities for inhabitants of Non-Self-Governing Territories” (document A/78/428); “Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples” (document A/78/429); “Revitalization of the work of the General Assembly” (document A/78/430); and “Programme planning” (document A/78/431).
le Rapporteur of the Fourth Committee at its seventy-eighth session, introduced that body’s reports (documents A/78/417 to A/789/431, see above), noting that over the course of 26 formal meetings, the Committee approved 33 draft resolutions and three draft decisions, including its programme of work for the General Assembly’s seventy-ninth session. She also commended the high level of cooperation among the delegates and the consummate diplomatic skills of its Chair, Mathu Joyini (South Africa).
The Assembly first adopted the draft resolution “Assistance in mine action” (document A/78/417) without a vote. Through that text, it urged Member States and the United Nations system to assist States affected by landmines and other explosive remnants of war. It encouraged relevant multilateral, regional and national programmes and bodies to include mine action activities in their peacebuilding, humanitarian, stabilization, rehabilitation, reconstruction, peace sustainment, climate, food security and development assistance activities. In addition, the Assembly encouraged States to include a gender- and age-appropriate perspective in all aspects of mine action activities while also taking into account the rights and needs of persons with disabilities.
Acting again without a vote, the Assembly adopted the draft resolution “Effects of atomic radiation” (document A/78/418). By that text, the Assembly commended the United Nations Scientific Committee on the Effects of Atomic Radiation (UNSCEAR) for its valuable contributions to wider knowledge and understanding of the levels, effects and risks of exposure to ionizing radiation. Further, the Assembly reaffirmed the Scientific Committee’s functions and independent role and took note of the report of its seventeenth session, which took place in Vienna from 19 to 23 June. It also acknowledged UNSCEAR’s growing concern about an ongoing decline in funding for expert consultants who perform scientific evaluations.
Also without vote, the Assembly adopted the draft resolution “International cooperation in the peaceful uses of outer space” (document A/78/419). By its terms, the General Assembly took note of the latest report of the Committee on the Peaceful Uses of Outer Space (document A/78/20) and requested that the Committee consider ways and means to maintain outer space for peaceful purposes. It agreed that the Committee continue to consider the broader perspective of space security and associated matters. It urged all Member States, particularly those with major space capabilities, to contribute actively to preventing an arms race in outer space. It also considered it essential that Member States pay more attention to the growing probability of collisions between space objects, especially those with nuclear power sources, and space debris. In addition, it urged those Member States that have not yet done so to become parties to international treaties governing the uses of outer space, including the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, also known as the Outer Space Treaty.
Turning to the report on the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) (document A/78/420), which contained three texts, the Assembly adopted — by a recorded vote of 165 in favour to 4 against (Canada, Israel, Federated States of Micronesia, United States), with 6 abstentions (Cameroon, Guatemala, Kiribati, Palau, Papua New Guinea, Vanuatu) — draft resolution I, titled “Operations of the United Nations Relief and Works Agency for Palestine Refugees in the Near East” (document A/C.4/78/L.10). By its terms, the Assembly expresses its deep concern about the extremely critical financial situation of UNRWA and attempts to discredit the Agency despite its proven operational capacity and consistent implementation of its mandate. It also calls upon Israel to ensure the safety of the personnel of the Agency and the protection of its institutions.
It then adopted draft resolution II, titled “Assistance to Palestine refugees”, by a recorded vote of 168 in favour to 1 against (Israel), with 10 abstentions, through which it affirmed the necessity for UNRWA to continue its work and the importance of its unimpeded operation pending the just resolution of the question of Palestine refugees. It also called upon all donors to continue to strengthen their efforts to meet UNRWA’s anticipated needs.
Next, it adopted draft resolution III, titled “Palestine refugees’ properties and their revenues”, by a recorded vote of 163 in favour to 5 against (Canada, Israel, Federated States of Micronesia, Nauru, United States), with 9 abstentions (Cameroon, Guatemala, Kiribati, Palau, Papua New Guinea, Paraguay, Togo, Tuvalu, Vanuatu). By its terms, the Assembly requested the Secretary-General take all appropriate steps to protect Arab properties, assets and property rights in Israel. It also urged the Palestinian and Israeli sides to deal with the important issue of Palestine refugees’ properties and their revenues within the framework of final-status peace negotiations.
The Assembly then took up the three draft resolutions in the report titled “Israeli practices and settlement activities affecting the rights of the Palestinian people and other Arabs of the occupied territories” (document A/78/421).
First, it adopted, by a recorded vote of 86 in favour to 12 against, with 75 abstentions, draft resolution I, titled “Work of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories”. By its terms, the Assembly reiterated its demand that Israel cooperate with the Special Committee in implementing its mandate. It expressed grave concern about the critical situation in the Occupied Palestinian Territory resulting from unlawful Israeli practices and measures, calling for the immediate cessation of all illegal Israeli settlement activities. It also called for the lifting of the blockade of the Gaza Strip as well as the complete cessation of the excessive and indiscriminate use of force and military operations against the civilian population, among other measures.
By a recorded vote of 151 in favour to 2 against (Israel, United States), with 23 abstentions, the Assembly adopted draft resolution II, titled “The occupied Syrian Golan”. By its terms, the Assembly called upon Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan and to desist from establishing settlements. Further, the Assembly called upon Israel to desist from imposing Israeli citizenship and identity cards on Syrian citizens in the occupied Syrian Golan and from its repressive measures against the population of the occupied Syrian Golan.
It then adopted, by a recorded vote of 149 in favour to 6 against (Canada, Hungary, Israel, Federated States of Micronesia, Nauru, United States), with 19 abstentions, draft resolution III, titled “Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan” (document A/C.4/78/L.15). By its terms, the Assembly condemned settlement activities in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan and any activities involving the confiscation of land, the disruption of the livelihood of protected persons, the forced transfer of civilians and the annexation of land, whether de facto or through national legislation.
The representative of Canada, in an explanation of position, said that disturbing events in the Middle East are deeply undermining the prospects for peace between Israelis and Palestinians. He called for the release of all hostages taken during the brutal attack by Hamas on Israel. He also drew attention to increased violence by extremist settlers in the West Bank and the Government of Israel’s approval of new settlement construction. “These actions, which Canada considers running counter to international law, only make the prospects for a negotiated two-State solution to be even further away.” He went on to say that numerous UN resolutions focus exclusively on the Arab-Israeli conflict and consistently single out Israel. Canada will continue to vote against such texts until the responsibilities of all parties, including the destructive role of terrorist organizations like Hamas and Palestinian Islamic Jihad, are addressed.
The representative of Nepal said that conditions for dialogue must be created, as that is the only pathway to a lasting political solution. He condemned the terrorist attack carried out by Hamas against Israel as well as the indiscriminate use of force against civilians by both parties to the conflict. “Nothing can justify causing of sufferings on and killings of innocent people, whether Palestinians or Israelis.” He also urged the release of hostages taken by Hamas, including a Nepali student.
Next, the Assembly adopted without a vote the resolution titled “Comprehensive review of special political missions”, contained in the eponymous report (document A/78/423). Through that text, it requested the Secretary-General to hold a regular, inclusive and interactive dialogue on overall policy matters pertaining to special political missions and requested the Secretariat to reach out to Member States to ensure wide and meaningful participation in that dialogue. It also encouraged stronger coordination between the Security Council and General Assembly with the Peacebuilding Commission and encouraged special political missions to continue fostering inclusive partnerships with regional and subregional organizations.
Taking up the report on questions relating to information (document A/78/424), the Assembly adopted two draft resolutions without a vote.
First it adopted draft resolution A, “Information in the service of humanity” (document A/78/21, chap. IV, p.11), urging all countries and organizations concerned to step up assistance to develop communication infrastructures and capabilities in developing countries, with a view to reducing disparities in information flows. It also urged States and organizations to ensure the free and effective performance of journalists’ professional tasks and condemn all attacks against them.
Through draft resolution B, “United Nations global communications and policies” (document A/78/21, chap. IV, p.13), the Assembly underlined the need to reform the Department of Global Communications, taking into account the priorities set out by the Committee on Information and in consultation with Member States. It also expresses concerns about the exponential spread of disinformation and misinformation, which increases the need for the dissemination of factual, clear, accessible, multilingual and science-based information. By the same text, the Assembly urged the Department to recommend that the United Nations system consistently use, in its communications, the terminology of resolutions adopted by the Assembly and observe the principle of impartiality. It also requested that the Department explore options for delivering daily press releases in all six official UN languages.
The Assembly then turned to several texts on decolonization. The first of these was the draft resolution “Information from Non-Self-Governing Territories transmitted under Article 73 e of the Charter of the United Nations” (document A/78/23), which was adopted by a recorded vote of 174 in favour to 2 against (United States, Israel), with 2 abstentions (France, United Kingdom). By its terms, the Assembly requested that administering Powers regularly transmit to the Secretary-General statistical and other technical information relating to the economic, social and educational conditions in their Territories.
Next, the Assembly took up the Committee’s report titled “Economic and other activities which affect the interests of the peoples of the Non-Self-Governing Territories" (document A/78/426), containing an eponymous draft resolution (document A/78/23) that it adopted by a recorded vote of 172 in favour to 2 against (United States, Israel), with 3 abstentions (Central African Republic, France, United Kingdom). By its terms, the Assembly expressed its concern about activities aimed at exploiting the natural and human resources of the Non-Self-Governing Territories to the detriment of their inhabitants. It also reaffirmed the need to avoid any economic or other activities, including the use of the Non-Self-Governing Territories for military activity, that adversely affect the interests of the Territories’ peoples.
Also requiring a recorded vote was the draft resolution titled “Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples by the specialized agencies and the international institutions associated with the United Nations”, contained in the eponymous report (document A/78/427). It was adopted by a recorded vote of 126 in favour to 2 against (United States, Israel), with 51 abstentions. By its terms, the Assembly recommended that all States intensify their efforts to ensure full and effective implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples through specialized agencies and other entities of the United Nations system. It also requested administering Powers to facilitate the participation of appointed and elected representatives of Non-Self-Governing Territories in the relevant meetings and conferences of the specialized agencies and other organizations of the United Nations system.
The Assembly then adopted, without a recorded vote, the draft resolution titled “Offers by Member States of study and training facilities for inhabitants of Non-Self-Governing Territories” (document A/78/428). By its terms, the Assembly invited all States to make or continue to make generous offers of study and training facilities to the inhabitants of those Territories that have not yet attained self-government or independence.
Turning to the report titled “Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples” (document A/78/429), the Assembly adopted 15 draft resolutions contained therein relating to the Non-Self-Governing Territories of Western Sahara, American Samoa, Anguilla, Bermuda, British Virgin Islands, Cayman Islands, French Polynesia, Guam, Montserrat, New Caledonia, Pitcairn, Saint Helena, Tokelau, Turks and Caicos Islands and the United States Virgin Islands.
From the same report, it adopted a text concerning "Dissemination of information on decolonization”, which was approved by a recorded vote of 173 in favour to 3 against (Israel, United Kingdom, United States), with 1 abstention (France). By its terms, the Assembly considered it important to continue and expand efforts to ensure the widest possible dissemination of information on decolonization. It requested the Secretary-General to further enhance the information provided on the United Nations decolonization website and requested the Department of Global Communications to webcast the formal meetings of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples.
By a recorded vote of 133 in favour to 3 against (Israel, United Kingdom, United States), with 42 abstentions, the Assembly adopted the draft resolution titled “Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples”. In doing so, it called upon the administering Power of each territory to cooperate fully in the work of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples. It also called upon administering Powers concerned to terminate military activities and eliminate military bases in the Non-Self-Governing Territories under their administration. Further, it requested the Special Committee to continue to dispatch visiting and special missions to the Territories.
By the terms of the decision concerning “Question of Gibraltar”, which was adopted without a vote, the Assembly urged the Governments of Spain and the United Kingdom to reach a definitive solution regarding Gibraltar. It also took note of both the United Kingdom’s desire to continue with the trilateral Forum for Dialogue and Spain’s position that the Forum no longer exists and should be replaced with a new mechanism for local cooperation in which the people of the Campo de Gibraltar and Gibraltar are represented.
Finally, turning to the report on Revitalization of the work of the General Assembly (document A/78/430), the Assembly adopted without a vote a draft decision titled “Proposed programme of work and timetable for the Assembly’s seventy-ninth session”, containing the Fourth Committee’s proposed programme of work and timetable for when it reconvenes in 2024 during the Assembly’s main session. It also took note of the Committee’s report on programme planning (document A/78/431).
Action on Sixth Committee Draft Resolutions
The General Assembly then turned to the reports of the Sixth Committee (Legal).
MOUSSA MOHAMED MOUSSA (Djibouti), Rapporteur of the Sixth Committee at its seventy-eighth session, introduced that body’s reports addressing 25 substantive and 3 procedural agenda items that had been allocated to the Committee. With the exception of the election of officers, they represented the Organization’s priorities in the legal sphere, including promotion of justice and international law, drug control, crime prevention and combating international terrorism in all its forms and manifestations. (For background, please see Press Release GA/L/3707.)
He then introduced all the reports under the heading “Promotion of justice and international law”, in which the Sixth Committee considered 12 agenda items and adopted 14 draft resolutions recommended to the General Assembly for adoption. Those reports included “Criminal accountability of United Nations officials and experts on mission” (document A/78/432); “Report of the United Nations Commission on International Trade Law on the work of its fifty-sixth session” (document A/78/433); “United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law” (document A/78/434); “Report of the International Law Commission on the work of its seventy-third/fourth session” (document A/78/435); “Expulsion of aliens” (document A/78/437); “Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization” (document A/78/438); “Rule of law at the national and international levels” (document A/78/439); “The scope and application of the principle of universal jurisdiction” (document A/78/440); “Responsibility of international organizations” (document A/78/446); and “Strengthening and promoting the international treaty framework” (document A/78/442).
He informed the General Assembly that regarding the report “Protection of persons in the event of disasters” (document A/78/441), the Sixth Committee concluded its consideration of the item without taking action, on the understanding that the agenda item will be included in the provisional agenda of the seventy-ninth session of the General Assembly on the basis of resolution 76/119 of 9 December 2021.
He then introduced the one report under “Drug control, crime prevention and combating international terrorism in all its forms and manifestations”, titled “Measures to eliminate international terrorism” (document A/78/443).
Turning to reports under the category “Organizational, administrative and other matters”, he said they included “Administration of justice at the United Nations”, which was allocated to the Fifth and Sixth Committees. The views of the Sixth Committee on this item were transmitted to the Fifth Committee through a letter from the President of the General Assembly dated 17 November and are annexed to document A/C.5/78/20. Also included in this category is “Report of the Committee on Relations with the Host Country" (document A/78/447).
He also noted that there were 10 observer statuses in the work of the General Assembly. The Sixth Committee approved such status request for the Organization of Ibero-American States for Education, Science and Culture (document A/78/457. Requests for deferred decisions included the Cooperation Council of Turkic-speaking States (document A/78/448); Eurasian Economic Union (document A/78/449); Community of Democracies (document A/78/450); Ramsar Convention on Wetlands Secretariat (document A/78/451); Global Environment Facility (document A/78/452); International Organization of Employers (document A/78/453); International Trade Union Confederation (document A/78/454); Boao Forum for Asia (document A/78/455); and International Parliamentarians’ Congress (document A/78/456).
Concerning the two procedural items, he said that those are contained in the reports “Revitalization of the work of the General Assembly” (document A/78/444) and “Programme planning” (document A/78/445). Additionally, he noted that elections of the Sixth Committee bureau will be taken up at a later stage. Further, there is not yet a report regarding “Crimes against humanity” as, further to resolution 77/249, the Sixth Committee will continue its consideration of the item in the resumed part of the seventy-eighth session in April 2024.
“International law requires a harmonious symphony of ideas where every voice of a Member State can contribute to the composition of a balanced melody,” he said. Consensus is a solid basis upon which international law can be built with mutual understanding and shared respect for cooperation, he added, noting that the Sixth Committee maintains the practice of consensus to promote legitimacy and credibility of the international multilateral system and contribute to its evolution.
The General Assembly then first took up “Criminal accountability of United Nations officials and experts on mission” (document A/78/432), adopting the draft resolution contained therein without a vote. By the text, among other things, the Assembly welcomed the Secretary-General’s reaffirmation that there will be no tolerance for any corruption at the United Nations. It also expressed concern over the low rate of response from States to referred allegations, particularly the significant number of instances where States to which allegations have been referred have failed to advise the UN on any steps taken in response. As well, the Assembly stressed the importance of ensuring that victims of criminal conduct are made aware of available assistance and support — including from a gender perspective.
The General Assembly then turned to the four draft resolutions contained in the “Report of the United Nations Commission on International Trade Law on the work of its fifty-sixth session” (document A/78/433), adopting them without a vote. By the first text, “Report of the United Nations Commission on International Trade Law on the work of its fifty-sixth session”, the General Assembly, among other things, requested the Secretary-General to continue to operate, through the Commission’s Secretariat, the repository of published information as a continuation of the project until the end of 2024, to be funded by voluntary contributions.
Taking up the second resolution, “Model Provisions on Mediation for International Investment Disputes and Guidelines on Mediation for International Investment Disputes of the United Nations Commission on International Trade Law”, the General Assembly, among other things, recommended the use of the Model Provisions by States and other relevant stakeholders involved in the negotiation of international investment instruments, along with their incorporation into such instruments. Further, the Assembly requested the Secretary-General to ensure that the Model Provisions and the Guidelines become generally known and available by disseminating them broadly to Governments and other interested bodies.
By the third text, “Code of Conduct for Arbitrators in International Investment Dispute Resolution and Code of Conduct for Judges in International Investment Dispute Resolution with respective commentary of the United Nations Commission on International Trade Law”, the General Assembly, among other things, recommended the use of the Code of Conduct by arbitrators, former arbitrators, candidates and disputing parties as well as administering institutions and recommended the use of the Code of Conduct for Judges by standing mechanisms. The Assembly also requested the Secretary-General to disseminate them broadly to Governments and other interested bodies.
Turning to the fourth resolution, “Guide on Access to Credit for Micro-, Small and Medium-sized Enterprises of the United Nations Commission on International Trade Law”, among other things, the General Assembly requested the Secretary-General to publish the Guide as part of its micro-, small and medium-sized enterprises series, including electronically, in the United Nations six official languages, and to disseminate it, together with any relevant information materials, to Governments and other interested bodies.
The Assembly, without a vote, next adopted a draft resolution, “United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law” (document A/78/434). By the text, the Assembly, among other things, encouraged the Codification Division to cooperate with the African Institute of International Law on the second International Law Seminar for African Universities, to be held in Ethiopia in 2024. Further, subject to the availability of funds, it would provide for the award of the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea in 2024.
The Assembly then turned to the two resolutions contained in the “Report of the International Law Commission on the work of its seventy-third/fourth sessions” (document A/78/435). By the eponymous text, the General Assembly urged there be further enhanced dialogue between the Commission — particularly its special rapporteurs — and the Committee and encouraged the continued practice of discussions between members of both bodies throughout the year. The Assembly also requested the Secretary-General to continue providing the International Law Seminar with adequate services. In addition, it encouraged the Commission to continue considering ways in which specific issues — on which the views of Governments would be of particular interest to it — could be framed to help Governments have a better appreciation of the issues on which responses are required.
The second resolution, “Peremptory norms of general international law (jus cogens)”, had the General Assembly welcome the conclusion of the International Law Commission’s work on the topic and took note of its adoption of the draft conclusions on the identification and legal consequences of such norms. Further, it took note of the range of comments and observations on the draft conclusions — whether submitted by Governments in writing or expressed in the Committee’s debates — including those made at the Assembly’s seventy-eighth session.
The representative of Mexico, speaking in explanation of position after action, disassociated herself from the draft resolution addressing jus cogens. She said that the text does not show balance between various positions of Member States, pointing to some controversial areas. Expressing regret that the resolution put forward reduced to the minimum many years of the International Law Commission’s hard work, she stated: “We cannot be selective in the work of the Commission.” States must give the same treatment and consideration to the substance of the issue independently of their national positions, she added.
Next, the Assembly turned to the draft resolution concerning “Expulsion of aliens”, contained in document A/78/437. By its terms, the General Assembly acknowledged the comments expressed by Governments in the Committee at its seventy-eighth session and decided to include this item in the provisional agenda of its eighty-first session with a view to examining the question of the form that might be given to the relevant draft articles, or any other appropriate action. Further, the Assembly invited Member States to further engage on the subject and to address in their interventions not only this question, but also their views on the content of the draft articles.
The Assembly also adopted without a vote the draft resolution “Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization” (document A/78/438). The text, based on last year’s resolution, has technical updates, especially paragraph 2 of the annex, regarding the mandate of the Special Committee, and paragraph 5(b), regarding subtopics of the thematic debate in future session. Among other things, the Assembly requested the Special Charter Committee to continue considering all proposals on the question of the maintenance of international peace and security. The General Assembly also recognized the important role of the International Court of Justice in adjudicating disputes among States and requested the Secretary-General to distribute advisory opinions requested by the principal organs of the United Nations as official documents.
Turning to the draft resolution “The rule of law at the national and international levels” (document A/78/439), the Assembly adopted it without a vote. By its terms, which contained several new elements, including preambular paragraphs 12 and 13 and operative paragraph 7, the Assembly, among other things, agreed on the subtopic “The full, equal and equitable participation at all levels in the international legal system” during the Sixth Committee debate at the seventy-ninth session. It also called on the Secretary-General and the United Nations system to systematically address aspects of the rule of law in relevant activities, including the participation of women.
Acting again without a vote, the General Assembly adopted the draft resolution “The scope and application of the principle of universal jurisdiction” (contained in document A/78/440). By the text, the General Assembly, among other things, invited Member States and relevant observers, as appropriate, to submit — before 26 April 2024 — information and observations on this item, including information on the relevant applicable international treaties and on their national legal rules and judicial practices. The Assembly also decided to establish, at its seventy-ninth session, a working group in the Committee that shall be open to all Member States and relevant observers.
The General Assembly then adopted, without a vote, a draft resolution, “Responsibility of international organizations” (document A/78/446). The Assembly, among other things, requested the Secretary-General to update the compilation of decisions of international courts, tribunals and other bodies referring to the related draft articles and invited Governments and international organizations to submit information on their practice as well as written comments on any future action regarding the articles. The Assembly also requested the Secretary-General to submit this material well in advance of its eighty-first session and invited States to engage in substantive dialogue on this topic on an informal basis during intersessional periods.
The General Assembly then took note of the report “Protection of persons in the event of disasters” (document A/78/441), adopting it without a vote. The Sixth Committee concluded its consideration of the item without taking action, on the understanding that the item will be included in the provisional agenda of the seventy-ninth session of the General Assembly.
Turning to the draft resolution “Strengthening and promoting the international treaty framework” (document A/78/442), the General Assembly, among other things, called on the Secretary-General to strengthen the capacity of the Treaty Section to perform its responsibilities and functions and to meet the related increasing demands. It also decided to hold regular thematic debates in the Sixth Committee to foster a technical exchange of views on practice relating to strengthening and promoting the international treaty framework and invited Member States to focus their comments during the debate at the eightieth session of the General Assembly on the subtopic “The role of technology in shaping treaty-making practice”.
Also without a vote, the Assembly adopted the draft resolution “Measures to eliminate international terrorism” (document A/78/443). By the text — which is mostly a technical update of last year’s resolution, with changes in preambular paragraphs 2, 3 and 19 as well as the deletion of operative paragraph 23 — the General Assembly reiterated, among other things, its call on States to refrain from financing, encouraging, providing training for or otherwise supporting terrorist activities and urged all States and the Secretary-General, in their efforts to prevent international terrorism, to make the best use of existing United Nations institutions.
The Assembly next adopted without a vote a draft decision contained in the report, “Revitalization of the General Assembly” (document A/78/444). By that decision, the Assembly noted that the seventy-ninth session will start earlier on 2 October 2024 to ensure that International Law Week will take place during the week of 21 October. In addition, for the first time, the annual consideration of the revitalization of the General Assembly’s work will take place in two parts. The annual debate will take place on the session’s opening day. Further consideration will continue towards the end of the session to give delegations time to reflect on working methods and comment on the proposal for the programme of work for the following, eightieth, session of the General Assembly.
The Assembly then took note of the provisional programme of work of the Sixth Committee for the seventy-ninth session (document A/78/445).
Adopting without a vote a draft resolution titled “Report of the Committee on Relations with the Host Country” (document A/78/447), the General Assembly strongly urged the host country to remove all travel restrictions imposed by it on staff of certain missions and Secretariat staff members of certain nationalities. It also expressed serious concern over multiple cases of denial and non-issuance of entry visas, emphasizing the importance of the full participation of all delegations in the work of the United Nations. The Assembly, additionally, reiterated its request to the Secretary-General to give the most serious consideration and take any appropriate steps under section 21 of the Headquarters Agreement and intensify efforts to expedite the resolution of issues.
The General Assembly then adopted without a vote the draft decision “Observer status for the Cooperation Council of Turkic-speaking States in the General Assembly” (document A/78/448). By its terms, the sponsors requested that the General Assembly defer a decision on the request for observer status for the Cooperation Council until the Assembly’s seventy-ninth session.
Also adopted by the Assembly without a vote was a draft decision titled “Observer status for the Eurasian Economic Union in the General Assembly” (document A/78/449), in which the sponsors requested that the Assembly defer a decision on the request for observer status for the Eurasian Economic Union until the Assembly’s seventy-ninth session.
The Assembly also adopted a draft decision, “Observer status for the Community of Democracies in the General Assembly” (document A/78/450), in which the sponsors requested the Assembly to defer a decision on the request for observer status for the Community of Democracies until the seventy-ninth session.
Without a vote, the Assembly adopted the draft decision “Observer status for the Ramsar Convention on Wetlands Secretariat in the General Assembly” (document A/78/451), in which the sponsors requested the General Assembly to defer a decision on the request for observer status for the Ramsar Convention on Wetlands Secretariat until the Assembly’s seventy-ninth session.
As well, the General Assembly adopted without a vote draft decision “Observer status for the Global Environment Facility in the General Assembly” (document A/78/452), in which the sponsors requested the Assembly to defer a decision on the request for observer status for the Global Environment Facility until the seventy-ninth session.
Also adopted without a vote was the draft decision “Observer status for the International Organization of Employers in the General Assembly” (document A/78/453). By the terms of that text, the Assembly deferred a decision on the request for observer status for the International Organization of Employers until the Assembly’s seventy-ninth session.
The Assembly next adopted without a vote the draft decision “Observer status for the International Trade Union Confederation in the General Assembly” (document A/78/454). By the terms of that text, the sponsors requested that the General Assembly defer a decision on the request for observer status for the International Trade Union Confederation until the seventy-ninth session.
The Assembly then took up the draft decision “Observer status for the Boao Forum for Asia in the General Assembly” (document A/78/455), adopting it without a vote. By that text, the sponsors requested that the General Assembly defer a decision on the request for observer status for the Boao Forum for Asia until the Assembly’s seventy-ninth session.
The Assembly then adopted without a vote the draft decision “Observer status for the International Parliamentarians’ Congress” (document A/78/456). By that text, the sponsors requested that the General Assembly defer a decision on the request for observer status for the International Parliamentarians’ Congress until the seventy-ninth session.
The Assembly then adopted without a vote the draft resolution “Observer status for the Organization of Ibero-American States for Education, Science and Culture in the General Assembly” (document A/78/457). By its terms, the Assembly decided to invite the Organization of Ibero-American States for Education, Science and Culture to participate in the sessions and the work of the General Assembly in the capacity of observer. The Organization of Ibero-American States works to achieve the implementation of the Sustainable Development Goals through its broad knowledge and experience of more than 70 years of work in Latin America.
Action on Conference on Landlocked Developing Countries
The Assembly then took up the draft decision “Participation of non-governmental organizations, civil society organizations, academic institutions and the private sector in the third United Nations Conference on the Landlocked Developing Countries” (document A/78/L.23). In doing so, it decided to consider sub-item (b) of agenda item 20 — namely, “Follow-up to the second United Nations Conference on Landlocked Developing Countries” — directly in plenary.