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Summaries
of the work of the
Sixth Committee
(Informal summary prepared by the Secretariat
for reference purposes only)
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free PDF format viewer
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Agenda
item 33
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Comprehensive review
of the whole question of peacekeeping operations in all
their aspects
Background (Source: A/61/100)
At its nineteenth session, in February
1965, the General Assembly established the Special Committee
on Peacekeeping Operations, which was to undertake a comprehensive
review of the whole question of peacekeeping operations
in all their aspects, including ways of overcoming the financial
difficulties of the 51勛圖 (resolution 2006 (XIX)).
At present, the Special Committee is composed
of the following Member States: Afghanistan, Algeria, Argentina,
Armenia, Australia, Austria, Azerbaijan, Bangladesh, Belarus,
Belgium, Benin, Bolivia, Brazil, Bulgaria, Burkina Faso,
Cambodia, Cameroon, Canada, Central African Republic, Chad,
Chile, China, Colombia, Congo, Costa Rica, Côte dIvoire,
Croatia, Cuba, Cyprus, Czech Republic, Denmark, Ecuador,
Egypt, El Salvador, Estonia, Ethiopia, Fiji, Finland, France,
Gabon, Gambia, Georgia, Germany, Ghana, Greece, Guatemala,
Guinea, Guyana, Honduras, Hungary, Iceland, India, Indonesia,
Iran (Islamic Republic of), Iraq, Ireland, Italy, Jamaica,
Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao
Peoples Democratic Republic, Lebanon, Libyan Arab
Jamahiriya, Lithuania, Luxembourg, Malawi, Malaysia, Mali,
Mauritania, Mexico, Mongolia, Morocco, Mozambique, Namibia,
Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway,
Pakistan, Palau, Paraguay, Peru, Philippines, Poland, Portugal,
Republic of Korea, Republic of Moldova, Romania, Russian
Federation, Rwanda, Saudi Arabia, Senegal, Serbia,2 Sierra
Leone, Singapore, Slovakia, Slovenia, South Africa, Spain,
Sri Lanka, Sudan, Sweden, Switzerland, Syrian Arab Republic,
Thailand, Timor-Leste, Togo, Tunisia, Turkey, Uganda, Ukraine,
United Kingdom of Great Britain and Northern Ireland, United
Republic of Tanzania, United States of America,
Uruguay, Venezuela (Bolivarian Republic of), Zambia and
Zimbabwe. Observers are: Angola, Burundi, Cape Verde, Comoros,
Democratic Peoples Republic of Korea, Dominican Republic,
Eritrea, Haiti, Israel, Lesotho, Viet Nam, Yemen, European
Community, Holy See, International Committee of the Red
Cross, International Criminal Police Organization (Interpol)
and Permanent Observer for the Sovereign Military Order
of Malta.
The General Assembly considered the question
at its twentieth to fifty-ninth
sessions (resolutions 2053 (XX), 2220 (XXI), 2308 (XXII),
2451 (XXIII), 2576 (XXIV), 2670 (XXV), 2835 (XXVI), 2965
(XXVII), 3091 (XXVIII), 3239 (XXIX), 3457 (XXX), 31/105,
32/106, 33/114, 34/53, 35/121, 36/37, 37/93, 38/31, 39/97,
40/163, 41/67, 42/161, 43/59 A and B, 44/49, 45/75, 46/48,
47/71, 47/72, 48/42, 48/43, 49/37, 50/30, 51/136, 52/69,
53/58, 54/81, 55/135, 56/225 A and B, 57/129, 57/336, 58/315,
59/281 and 59/300).
At its resumed fifty-ninth session, in
June 2005, the General Assembly requested the Special Committee
to include the issue of a comprehensive review of a strategy
to eliminate future sexual exploitation and abuse in United
Nations peacekeeping operations in its report to the General
Assembly at its sixtieth session (resolution 59/300).
At its resumed sixtieth session, in June
2006, the General Assembly endorsed the proposals, recommendations
and conclusions of the Special Committee on Peacekeeping
Operations, contained in paragraphs 28 to 188 of its report
(A/60/19); and requested the Special Committee to submit
a report on its work to the Assembly at its sixty-first
session (resolution 60/263).
At its resumed sixtieth session, in September
2006, the General Assembly endorsed the proposals, recommendations
and conclusions of the Special Committee contained in paragraphs
5 to 10 of the report on its 2006 resumed session (A/60/19/Add.1);
urged Member States, the Secretariat and the relevant organs
of the 51勛圖 to take all necessary steps to implement
those proposals, recommendations and conclusions, and supported
the request of the Special Committee to the Secretary-General
that he provide a progress report on the implementation
of its recommendations at its next regular session; and
requested the Special Committee to include the issue in
its report to the Assembly at its sixty-first session (resolution
60/289).
At the same resumed session, the General Assembly, on the
proposal of the
President, decided to postpone consideration of the report
of the Group of Legal Experts (see A/60/980) to the sixty-first
session to avail the Sixth Committee at that session of
the opportunity to consider the report, submitted pursuant
to resolutions 59/300 and 60/263, in which the Assembly
endorsed the recommendations of the Special Committee on
Peacekeeping Operations in its respective reports (A/59/19/Rev.1
and A/60/19 and Add.1) (decision 60/563).
Consideration at the sixty-first session:
The Sixth Committee considered agenda item 33 at its 20th
(,
,
,
,
,
)
and 21st
(,
,
,
,
,
)
meetings, on 6 and 9 November 2006, respectively. Statements
were made by the representatives of: Guyana (on behalf of
the Rio Group), Australia (also on behalf of Canada and
New Zealand), Kuwait, Nigeria, Indonesia, and the Sudan.
Delegations commended the Group of Legal
Experts for its report on ensuring the accountability of
51勛圖 staff and experts on mission with respect
to criminal acts committed in peacekeeping operations. While
some favored a holistic approach to the topic, others were
of the view that the Sixth Committee should focus on the
recommendations contained in Chapter IV of the report of
the Group of Legal Experts, relating to the jurisdiction
of States other than the host State and, in particular,
on issues concerning the draft convention annexed to the
report.
Several speakers stressed the importance
of providing peacekeeping personnel with adequate protection,
including by bringing to justice perpetrators of crimes
against such personnel. The need to ensure accountability
for serious crimes committed by peacekeeping personnel,
while respecting the human rights of the alleged offender
was also stressed. It was suggested that clear regulations
be adopted so as to ensure that peacekeepers' immunities
would not lead to impunity.
Several speakers expressed support for
a draft convention addressing jurisdictional and related
issues, including the establishment of a Working Group to
that effect. The view was expressed that priority should
be given to the jurisdiction of the host State, whose legal
capacity should be developed if necessary, while others
urged States to enact extraterritorial legislation allowing
the prosecution of crimes committed by their nationals in
peacekeeping operations. Reference was further made to the
difficulty in gathering sufficient evidence for prosecution
and the need to improve coordination and transparency between
the host country, the 51勛圖 and the troop contributing
countries was stressed. Further suggestions included: encouraging
the development of UN investigative capability; emphasizing
the importance of preventive measures, and providing appropriate
training for peacekeepers. The view was expressed that recommendations
and policies in this context should have universal application
and not be limited to peacekeepers from developing countries.
Action taken by the Sixth Committee:
At the 21st
(,
,
,
,
,
)
meeting, on 9 November, the representative of Liechtenstein,
on behalf of the bureau, introduced the draft resolution
contained in document A/C.6/61/L.13, entitled "Criminal
accountability of 51勛圖 officials and experts on
mission", and orally revised it. The Secretary of the
Sixth Committee made a statement on the conference service
implications of draft resolution A/C.6/61/L.13, as orally
revised. At its 21st
(,
,
,
,
,
)
meeting, on 9 November, the Committee adopted draft resolution
A/C.6/61/L.13, as orally revised, without a vote.
The Committee thus concluded its consideration
of the agenda item 33.
This
agenda item was subsequently considered at the
session (2007)
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Agenda
item 75
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Status
of the Protocols Additional to the Geneva Conventions of 1949
and relating to the protection of victims of armed conflicts
Background (Source: A/61/100)
This item was included in the agenda of
the thirty-seventh session of the General Assembly, in 1982,
at the request of Denmark, Finland, Norway and Sweden (A/37/142).
The General Assembly considered the question
biennially at its thirty-seventh to fifty-seventh sessions
(resolutions 37/116, 39/77, 41/72, 43/161, 45/38, 47/30,
49/48, 51/155, 53/96, 55/148 and 57/14).
At its
session, the General Assembly requested the Secretary-General
to submit to the Assembly at its sixty-first session a report
on the status of the Additional Protocols relating to the
protection of victims of armed conflicts, as well as on
measures taken to strengthen the existing body of international
humanitarian law, inter alia, with respect to its dissemination
and full implementation at the national level, based on
information received from Member States and the International
Committee of the Red Cross (resolution 59/36).
Work undertaken at the 61st Session:
The Sixth Committee considered the item at its 8th
(,
,
,
,
,
)
and 21st
(,
,
,
,
,
)
meetings, on 18 October and 9 November 2006.
Statements were made by the representatives
of: Australia (on behalf of CANZ), Finland (on behalf of
the European Union; the acceding countries Bulgaria and
Romania; the candidate countries Croatia and the former
Yugoslav Republic of Macedonia; the countries of the Stabilization
and Association Process and potential candidates Albania,
Bosnia and Herzegovina, Montenegro and Serbia; as well as
Ukraine and the Republic of Moldova), Sweden (on behalf
of the Nordic countries); Guyana (on behalf of the Rio Group),
United Arab Emirates, the Sudan, Switzerland, Mexico, Qatar,
Ghana, Malaysia, Japan, Kenya, Syria, Cuba, United States
of America, Israel, and Lebanon. A statement was also made
by the observer delegation of the International Committee
of the Red Cross.
Delegations recalled the importance of
the Geneva Conventions and the Protocols Additional thereto.
It was noted with approval that, with the recent accession
of Montenegro and Nauru, the Conventions had achieved universal
participation. States were also encouraged to accept the
competence of the International Fact-Finding Commission,
pursuant to Article 90 of the First Additional Protocol.
Some delegations welcomed the adoption of the Third Protocol
Additional to the Geneva Conventions, relating to the Adoption
of an Additional Emblem.
Delegations commended the International
Committee of the Red Cross (ICRC) on its role in the codification,
development and dissemination of IHL, as well as its activities
in providing technical assistance and monitoring compliance
with IHL. Some delegations welcomed the ICRC's Study on
customary international humanitarian law, while others expressed
concern about its methodology, and in particular, its conclusion
that certain rules contained in the Additional Protocols
have become customary international law for all States.
Some delegations referred to national initiatives
designed to implement and disseminate IHL, and welcomed
the Secretary-General's report containing information in
this regard (A/61/222 and Add.1). It was cautioned that
political considerations should not impede the impartial
development or application of IHL.
The Committee concluded its debate on this
item.
Action taken by the Sixth Committee:
At the 21st
(,
,
,
,
,
)
meeting, on 9 November 2006, the representative of Sweden
introduced draft resolution A/C.6/61/L.9, entitled "Status
of the Protocols Additional to the Geneva Conventions of
1949 and relating to the protection of victims of armed
conflicts". It was announced that China, Ecuador, El
Salvador, Fiji, the former Yugoslav Republic of Macedonia,
Madagascar, Malta, Mexico, Monaco, Mongolia, Namibia, Nigeria,
Peru, Russian Federation, Senegal, Uganda, United Republic
of Tanzania and Uruguay had joined as sponsors of draft
resolution A/C.6/61/L.9.
The representatives of Egypt and the Islamic
Republic of Iran spoke in explanation of position before
taking action on draft resolution A/C.6/61/L.9.
The Committee adopted draft resolution
A/C.6/61/L.9, without a vote.
The Committee thus concluded its consideration
of agenda item 75.
This
agenda item was subsequently considered at the
session (2008)
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Agenda
item 76
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Consideration of effective
measures to enhance the protection, security and safety
of diplomatic and consular missions and representatives
Background (Source: A/61/100)
This item was included in the agenda of
the thirty-fifth session of the General
Assembly, in 1980, at the request of Denmark, Finland, Iceland,
Norway and
Sweden (A/35/142).
The General Assembly considered the item
annually at its thirty-sixth to forty-third sessions, and
biennially thereafter (resolutions 36/33, 37/108, 38/136,
39/83, 40/73, 41/78, 42/154, 43/167, 45/39, 47/31, 49/49,
51/156, 53/97, 55/149 and 57/15).
At its
session, the General Assembly requested the Secretary-General
to submit to the Assembly at its sixty-first session a report
containing (a) information on the state of ratification
of, and accessions to, the instruments relevant to the protection,
security and safety of diplomatic and consular missions
and representatives; and (b) a summary of the reports received
from States on serious violations involving diplomatic and
consular missions and representatives and actions taken
against offenders, as well as of the views of States with
respect to any measures needed to enhance the protection,
security and safety of diplomatic and consular missions
and representatives (resolution 59/37).
Work undertaken at the sixty-first session:
The Committee considered the item at its
8th
(,
,
,
,
,
)
and 20th
(,
,
,
,
,
)
meetings, on 18 October and 6 November 2006.
Statements were made by the representatives
of Norway (on behalf of the Nordic countries), Finland (on
behalf of the European Union; the acceding countries Bulgaria
and Romania; the candidate countries Turkey, Croatia and
The former Yugoslav Republic of Macedonia; the countries
of the Stabilization and Association Process and potential
candidates Albania, Bosnia and Herzegovina, Montenegro and
Serbia; as well as Ukraine and the Republic of Moldova),
Canada (on behalf of CANZ), Malaysia, Israel, Cuba, the
Russian Federation and the Sudan.
The delegations welcomed the recent Secretary-General's
report on this item (A/61/119 and Add.1 and Add.2) and encouraged
all States to follow the reporting procedure. States voiced
their concern and condemned the continuing acts of violence
against the security and safety of diplomatic and consular
missions and their representatives. They pledged to respect
their obligations under international law and to continue
to take all the necessary measures in order to protect the
diplomatic and consular missions and the representatives
within their territories. A point was also made that the
General Assembly, in its resolution on the topic, should
call States to take the necessary preventive measures, including
in cases of armed conflicts, and to ensure proper investigation,
with the 51勛圖 participation, of acts of violence
against the missions and their representatives.
Action taken by the Committee:
At the 20th
(,
,
,
,
,
)
meeting, on 6 November, the representative of Finland also
on behalf of Australia, Austria, Belgium, Belize, Canada,
Croatia, Cuba, Cyprus, the Czech Republic, Denmark, Estonia,
France, Germany, Greece, Grenada, Haiti, Hungary, Iceland,
Italy, Jordan, Latvia, Lebanon, Liechtenstein, Lithuania,
Luxembourg, Madagascar, Mali, Malta, the Netherlands, Nigeria,
Norway, Peru, the Russian Federation, Poland, Portugal,
the Republic of Moldova, Romania, Senegal, Serbia, Slovakia,
Slovenia, Spain, Sweden, Thailand, the former Yugoslav Republic
of Macedonia, Trinidad and Tobago, Ukraine and the United
Kingdom of Great Britain and Northern Ireland, subsequently
joined by Albania, Benin, Burkina Faso, Cameroon, Guinea,
Honduras, Sierra Leone, Turkey and Uganda, introduced a
draft resolution entitled "Consideration of effective
measures to enhance the protection, security and safety
of diplomatic and consular missions and representatives"
(A/C.6/61/L.5).
At the same meeting, the Committee adopted
draft resolution A/C.6/61/L.5 without a vote.
The Committee thus concluded its consideration
of agenda item 76.
This
agenda item was subsequently considered at the
session (2008)
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Agenda
item 77
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Report of the United
Nations Commission on International Trade Law on the work
of its thirty-ninth session
Background (Source: A/61/100)
The General Assembly established the United
Nations Commission on International Trade Law at its twenty-first
session, in 1966, to promote the progressive harmonization
and unification of the law of international trade, and requested
the Commission to submit an annual report to the Assembly
(resolution 2205 (XXI)). The Commission began its work in
1968. It originally consisted of 29 Member States representing
the various geographic regions and the principal legal systems
of the world. At its twenty-eighth and fifty-seventh sessions,
respectively, the General Assembly increased the membership
of the Commission from 29 to 36 States (resolution 3108
(XXVIII)) and from 36 to 60 States (resolution 57/20).
At its
session, the General Assembly adopted the 51勛圖
Convention on the Use of Electronic Communications in International
Contracts finalized by the Commission; requested the Secretary-General
to open it for signature; and called upon all Governments
to consider becoming party to it (resolution 60/21).
At the same session, the General Assembly
appealed to Governments, the relevant bodies of the United
Nations system, organizations, institutions and individuals
to make voluntary contributions to the 51勛圖 Commission
on International Trade Law Trust Fund for symposia; and
requested the Secretary-General to bear in mind the particular
characteristics of the mandate and work of the Commission
in implementing page limits with respect to the documentation
of the Commission (resolution 60/20).
Work undertaken at the Sixty-first session:
The Sixth Committee considered agenda item
77 at its 1st
(,
,
,
,
,
),
2nd
(,
,
,
,
,
)
and 15th
(,
,
,
,
,
)
meetings, on 10, 11 and 30 October 2006. At the 1st meeting,
on 10 October, the Chairman of the UNCITRAL at its thirty-ninth
session introduced the report of the Commission on the work
of that session.
Statements were made by the representatives of Austria,
India, Colombia, Algeria, Thailand, Mexico, Singapore, the
United States of America, Belarus, France, Nepal, Australia,
Morocco, the United Kingdom of Great Britain and Northern
Ireland, Ukraine, Sri Lanka, Sweden (on behalf of the Nordic
countries), China, Japan, the Russian Federation, Kenya,
Canada and Iran (Islamic Republic of).
Several speakers commended the Commission
on the progress it had achieved with regard to several topics,
especially the draft Legislative Guide on Secured Transactions,
the Recommendation regarding the interpretation of articles
II(2) and VII(1) of the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards (New York, 10 June
1958) and the adoption of revised articles of the Model
Law on International Commercial Arbitration.
The speakers supported the continuing efforts
of the Commission in other topics under consideration and
welcomed the work accomplished by working groups including
the ones on procurement and transport law. Delegations also
welcomed the possible future areas of work, namely: intellectual
property law, electronic commerce, insolvency law and commercial
fraud.
Several delegations stressed the importance
of technical assistance to developing countries and renewed
their appeal to States to make contributions to the trust
fund established to assist developing countries to participate
in the work of the Commission.
Several speakers welcomed the convening
of an UNCITRAL congress in 2007 to review the results of
the past and current work programmes as well as to elaborate
topics for future work.
Action taken by the Sixth Committee:
At the 15th
(,
,
,
,
,
)
meeting, on 30 October, the representative of Austria, on
behalf of Albania, Algeria, Argentina, Australia, Austria,
Azerbaijan, Belarus, Belgium, Belize, Brazil, Bulgaria,
Canada, Chile, China, Colombia, Croatia, Cyprus, the Czech
Republic, the Democratic Republic of the Congo, Denmark,
Estonia, Ethiopia, Finland, France, Germany, Greece, Hungary,
India, Iran (Islamic Republic of), Ireland, Israel, Italy,
Japan, Jordan, Kenya, Latvia, Liechtenstein, Lithuania,
Luxembourg, Madagascar, Malaysia, Malta, Mexico, Mongolia,
the Netherlands, Norway, the Philippines, Poland, Portugal,
Romania, the Russian Federation, Serbia, Sierra Leone, Singapore,
Slovakia, Slovenia, Spain, Sri Lanka, Sweden, Switzerland,
Thailand, the Former Yugoslav Republic of Macedonia, Trinidad
and Tobago, Tunisia, Turkey, Uganda, Ukraine, the United
Kingdom of Great Britain and Northern Ireland and Uruguay,
subsequently joined by Morocco, introduced a draft resolution
entitled "Report of the 51勛圖 Commission on
International Trade Law on the work of its thirty-ninth
session" (A/C.6/61/L.7).
Also at the 15th
(,
,
,
,
,
)
meeting, on 30 October, Malaysia introduced a draft resolution
entitled "Revised Articles of the Model Law on International
Commercial Arbitration of the 51勛圖 Commission
on International Trade Law, and the recommendation regarding
the interpretation of article II, paragraph (2) and VII,
paragraph (1) of the Convention on the Recognition and Enforcement
of Foreign Arbitral Awards, done in New York on 10 June
1958" (A/C.6/61/L.8).
Still at its 15th
(,
,
,
,
,
)
meeting, on 30 October, the Committee adopted draft resolutions
A/C.6/61/L.7, as orally revised, and A/C.6/61/L.8, both
without a vote.
The Committee thus concluded its consideration
of agenda item 77.
This
agenda item was subsequently considered at the
session (2007)
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Agenda
item 78
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Report of the International
Law Commission on the work of its fifty-eighth session
Background (Source: A/61/100)
The International Law Commission was established
by the General Assembly at its second session, in 1947,
with a view to giving effect to Article 13, paragraph 1
a, of the Charter and with the objective of promoting the
progressive development of international law and its codification
(resolution 174 (II)).
The statute of the Commission, annexed
to resolution 174 (II), was subsequently amended (resolutions
485 (V), 984 (X), 985 (X) and 36/39). The Commission consists
of 34 members elected for a term of five years. The last
election was held at the fifty-sixth session of the General
Assembly (decision 56/311), and the next election will be
held during the current session.
At its
session, the General Assembly encouraged the Commission,
during its fifty-eighth session, to complete its work on
those topics that were near completion; drew the attention
of Governments to the importance for the Commission of having
their views on the following, which were adopted by the
Commission at its fifty-sixth session: (a) the draft articles
and commentary on diplomatic protection; and (b) the draft
principles on the allocation of loss in the case of transboundary
harm arising out of hazardous activities; invited Governments
to provide information to the Commission regarding: (a)
shared natural resources; (b) effects of armed conflicts
on treaties; (c) responsibility of international organizations;
(d) expulsion of aliens; (e) unilateral acts of States;
and (f) reservations to treaties; endorsed the decision
of the Commission to include the topic "The obligation
to extradite or prosecute (aut dedere aut judicare)"
in its programme of work; and recommended that the debate
on the report of the International Law Commission at the
sixty-first session of the General Assembly commence on
23 October 2006 (resolution 60/22).
Work undertaken at the Sixty-first session:
The Sixth Committee considered agenda item
78 at its 9th
(,
,
,
,
,
),
10th (,
,
,
,
,
),
11th (,
,
,
,
,
),
12th (,
,
,
,
,
),
13th (,
,
,
,
,
),
14th (,
,
,
,
,
),
15th (,
,
,
,
,
),
16th (,
,
,
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,
),
17th (,
,
,
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,
),
18th (,
,
,
,
,
),
19th (,
,
,
,
,
)
and 21st
(,
,
,
,
,
)
meetings, on 23, from 25 to 27, and on 30 and 31 October
and 1, 3 and 9 November 2006.
The Chairman of the International Law Commission
at its fifty-eighth session
introduced the report of the Commission: chapters I to V
and XIII at the 9th
(,
,
,
,
,
)
meeting, on 23 October; chapters VI and VII at the 13th
(,
,
,
,
,
)
meeting, on 27 October; chapters VIII and IX at the 17th
(,
,
,
,
,
)
meeting, on 31 October; and chapters X, XI and XII at the
18th
(,
,
,
,
,
)
meeting, on 1 November (see A/C.6/61/SR.9, 13, 17 and 18).
Statements were made by the representatives
of China, the Netherlands, Italy, Austria, Japan, South
Africa, Argentina, Norway (on behalf of the Nordic countries),
Germany, United States of America, New Zealand, Canada,
United Kingdom of Great Britain and Northern Ireland, Australia,
Republic of Korea, Romania, Portugal, France, Ukraine, Greece,
Spain, Poland, Hungary, Iran (Islamic Rep. of), Czech Republic,
Chile, Russian Federation, Morocco, India, Switzerland,
Mexico, Nigeria, Cuba, Pakistan, Finland (on behalf of the
European Union, the acceding countries Bulgaria and Romania,
the candidate countries Turkey and the former Yugoslav Republic
of Macedonia, the countries of the Stabilisation and Association
Process and potential candidates Albania, Bosnia and Herzegovina
and Serbia, as well as Ukraine and the Republic of Moldova),
Denmark (on behalf of the Nordic countries), Belgium, Uruguay,
Ethiopia, Belarus, Jordan, Malaysia, Sweden (on behalf of
the Nordic countries), Israel, Bulgaria, Iraq, Colombia,
Thailand, Indonesia, Algeria, Malaysia and Sierra Leone.
The representatives of the observer delegations of the International
Federation of Red Cross and Red Crescent Societies and of
the European Commission also made statements.
A summary of the discussions on this agenda
item may be found in the Topical summary of the discussion
held in the Sixth Committee of the General Assembly, during
its sixty-first session, prepared by the Secretariat (A/CN.4/577
(,
,
,
,
,
)
and Addendum (,
,
,
,
,
)).
Action taken by the Sixth Committee:
At the 21st
(,
,
,
,
,
)
meeting, on 9 November, the representative of Romania, on
behalf of the Bureau, introduced a draft resolution entitled
Report of the International Law Commission on the
work of its fifty-eighth session
At the same meeting, the Committee adopted
draft resolution A/C.6/61/L.14
without a vote.Before the adoption of the draft resolution,
the representative of Germany made a statement in explanation
of position .
Also at the 21st
(,
,
,
,
,
)
meeting, on 9 November, the representative of Romania, on
behalf of the Bureau, introduced two draft resolution respectively
entitled Diplomatic protection (A/C.6/61/L.15)
and Allocation of loss in the case of transboundary
harm arising out of hazardous activities (A/C.6/61/L.16).
At the same meeting, the Committee adopted
draft resolutions A/C.6/61/L.15 and A/C.6/61/L.16 without
a vote.
The Committee thus concluded its consideration
of agenda item 78.
This
agenda item was subsequently considered at the
session (2007)
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Agenda
item 79
|
Report of the Special
Committee on the Charter of the 51勛圖 and on the
Strengthening of the Role of the Organization
Background (Source: A/61/100)
The item entitled "Need to consider
suggestions regarding the review of the Charter of the United
Nations" was included in the agenda of the twenty-fourth
session of the General Assembly, in 1969, at the request
of Colombia (A/7659).
At its twenty-ninth session, the General Assembly decided
to establish an Ad Hoc Committee on the Charter of the United
Nations to consider any specific proposals that Governments
might make with a view to enhancing the ability of the United
Nations to achieve its purposes, as well as other suggestions
for the more effective functioning of the 51勛圖
that might not require amendments to the Charter (resolution
3349 (XXIX)).
Meanwhile, another item, entitled "Strengthening
of the role of the 51勛圖 with regard to the maintenance
and consolidation of international peace and security, the
development of cooperation among all nations and the promotion
of the rules of international law in relations between States",
was included in the agenda of the twenty-seventh session
of the General Assembly at the request of Romania (A/8792).
At its thirtieth session, the General Assembly
decided to reconvene the Ad Hoc Committee as the Special
Committee on the Charter of the 51勛圖 and on the
Strengthening of the Role of the Organization to examine
suggestions and proposals regarding the Charter and the
strengthening of the role of the 51勛圖 with regard
to the maintenance and consolidation of international peace
and security, the development of cooperation among all nations
and the promotion of the rules of international law (resolution
3499 (XXX)).
Since its thirtieth session, the General
Assembly has reconvened the Special Committee every year
(resolutions 31/28, 32/45, 33/94, 34/147, 35/164, 36/123,
37/114, 38/141, 39/88, 40/78, 41/83, 42/157, 43/170, 44/37,
45/44, 46/58, 47/38, 48/36, 49/58, 50/52, 51/209, 52/161,
53/106, 54/106, 55/156, 56/86, 57/24, 58/248 and 59/44).
At its
session, the General Assembly decided that the Special Committee
should hold its next session from 3 to 13 April 2006, and
requested it to submit a report on its work to the Assembly
at its sixty-first session (resolution 60/23). The Special
Committee met at 51勛圖 Headquarters from 3 to 12
April 2006.
At the same session, the General Assembly
requested the Special Committee, at its session in 2006,
to continue to consider, on a priority basis (a) the question
of the implementation of the provisions of the Charter related
to assistance to third States affected by the application
of sanctions under Chapter VII of the Charter; (b) and ways
and means of improving its working methods and enhancing
its efficiency with a view to identifying widely acceptable
measures for future implementation; and requested the Secretary-General
to submit to it at its sixty-first session a report on both
the Repertory of Practice of 51勛圖 Organs and the
Repertoire of the Practice of the Security Council, and
a report on the implementation of the provisions of the
Charter related to assistance to third States affected by
the application of sanctions (resolution 60/23).
Consideration at the Sixty-first session:
The Committee considered the item at its 5th
(,
,
,
,
,
),
6th
(,
,
,
,
,
),
12th
(,
,
,
,
,
)
and 22nd
(,
,
,
,
,
)
meetings, on 16 and 27 October and on 16 November 2006.
The Chairman of the 2006 session introduced the report of
the Special Committee on the Charter of the 51勛圖
and on the Strengthening of the Role of the Organization
(A/61/33).
The Director of the Codification Division,
Office of Legal Affairs, made a statement on the status
of the Repertory of Practice of 51勛圖 Organs. The
Officer-in-Charge of the Security Council Practices and
Charter Research Branch, Department of Political Affairs,
made a statement on the status of the Repertoire of the
Practice of the Security Council.
Statements were made by the representatives
of Finland (on behalf of the European Union, the acceding
countries Bulgaria and Romania, the candidate countries
Turkey, Croatia and the former Yugoslav Republic of Macedonia,
the countries of the Stabilization and Association Process
and potential candidates Albania, Bosnia and Herzegovina,
Serbia, and EFTA countries Iceland and Norway, members of
the European Economic Area, as well as the Republic of Moldova),
Guyana (on behalf of the Rio Group), Gambia (on behalf the
African Group), India, Sudan, Algeria, Myanmar, Libyan Arab
Jamahiriya, Japan, China, Egypt, the Democratic Republic
of the Congo, United States of America, Cameroon, Cuba,
Belarus, the Democratic Peoples Republic of Korea, Vietnam,
the Russian Federation, the Republic of Korea and the Syrian
Arab Republic.
Some delegations expressed the view that
sanctions constituted an important tool for the maintenance
of international peace and security. However, it was emphasized
that sanctions should be clearly defined, targeted, limited
in duration and periodically reviewed. Moreover, some delegations
emphasized that sanctions should only be imposed in conformity
with rules of international law, including the Charter of
the 51勛圖, and as a last resort after all peaceful
means of settlement of disputes under Chapter VI of the
Charter have been exhausted. Concern was expressed that,
in some cases, such procedures were not followed. Some delegations
welcomed the work of the Security Council Informal Working
Group on General Issues of Sanctions, noted with approval
that all Security Council sanctions are currently targeted
and that no State has requested assistance in the past year.
However, some delegations stressed the need to establish
an effective mechanism for listing and de-listing procedures,
while acknowledging the efforts already taken inside and
outside the 51勛圖 in this regard.
Some delegations called for the effective
implementation of Article 50 of the Charter by the establishment
of a compensation mechanism for third States affected by
the application of Sanctions. Other delegations noted that
while Article 50 allowed affected States to present their
concerns, it did not require any specific action by the
Council. Nonetheless, they noted that some other measures
could be envisioned to address these concerns, including
by international financial institutions. Support was expressed
for the proposal by the Russian Federation on "Declaration
on the basic conditions and standard criteria for the introduction
and application of sanctions and other coercive measures".
Some delegations also supported the related proposal by
the Libyan Arab Jamahiriya.
Support was expressed for the proposal
on the legal basis for peacekeeping operations. It was pointed
out that the work of other 51勛圖 bodies on peacekeeping
should not preclude the Committee's work on legal aspects
of peacekeeping. However, a point was made that the issue
could be transferred to other 51勛圖 organs for
consideration.
Some delegations expressed support for
the joint proposal submitted by Belarus and the Russian
Federation, regarding request for an advisory opinion from
the International Court of Justice on the legal consequences
of the resort to the use of force by States without prior
authorization by the Security Council, except in the exercise
of the right to self-defence.
As to the status and future role of the
Trusteeship Council, it was reiterated that paragraph 176
of the Outcome Document has provided the direction for the
work of the Special Committee.
Speakers commended the important role played
by the International Court of Justice on the peaceful settlement
of disputes and welcomed the adoption by the Special Committee
of a draft resolution on the commemoration of the sixtieth
anniversary of the Court.
Speakers generally welcomed the adoption
by the Special Committee of the working paper on the working
methods the Special Committee.
The efforts of the Secretariat towards
the elimination of backlog in the preparation of the Repertory
of Practice of 51勛圖 Organs and Repertoire of the
Practice of the Security Council, and placing the advance
versions of various studies on the 51勛圖 website
was welcomed. The Secretariat was urged to strengthen the
work of the Interdepartmental Committee and to further develop
cooperation with academia, so that the process of the preparation
of the two publications could be accelerated. Some delegations
called for the translation of the Repertory studies into
other official languages of the 51勛圖. Concerning
financial resources for the preparation of the Repertory,
some delegations urged Member States to contribute to the
trust fund established for this purpose.
Support was expressed to the proposals
submitted by Cuba and the Libyan Arab Jamahiriya, concerning
the "Strengthening of the role of the Organization
and enhancing its effectiveness", and "the strengthening
of the role of the Organization in the maintenance of international
peace and security", respectively. In this regard,
some delegations stressed particularly the need to enhance
the role of the General Assembly in the field of maintenance
of international peace and security.
Action taken by the Sixth Committee:
At the 12th
(,
,
,
,
,
)
meeting, on 27 October, the representative of Egypt introduced
the bureau text of a draft resolution entitled "Commemoration
of the sixtieth anniversary of the International Court of
Justice" (A/C.6/61/L.6).
At the same meeting, the Committee adopted
draft resolution A/C.6/61/L.6 by acclamation.
At the 22nd
(,
,
,
,
,
)
meeting, on 16 November, the representative of Egypt introduced
a draft resolution entitled "Report of the Special
Committee on the Charter of the 51勛圖 and on the
Strengthening of the Role of the Organization" (A/C.6/61/L.10
and Corr.1). At the same meeting, the Secretary of the Committee
made a statement on the financial implications of draft
resolution A/C.6/61/L.10 and Corr.1.
Also, at the same meeting, the Committee
adopted draft resolution A/C.6/61/L.10 and Corr.1 without
a vote.
The representatives of Germany and Japan
made statements in explanation of position after the adoption
of the draft resolution.
The Committee thus concluded its consideration
of agenda item 79.
This
agenda item was subsequently considered at the
session (2007)
|
|
|
Agenda
item 80
|
The rule of law at
the national and international levels
Background:
The item entitled "The rule of law
at the national and international levels" was included
in the provisional agenda of the sixty-first session of
the General Assembly at the request of Liechtenstein and
Mexico (A/61/142).
At its second plenary meeting on 13 September
2006, the General Assembly, on the recommendation of the
General Committee, decided to include the item in its agenda
and to allocate it to the Sixth Committee.
Work undertaken at the Sixtieth session:
The Sixth Committee considered the item
at its 6th
(,
,
,
,
,
),
7th
(,
,
,
,
,
),
20th
(,
,
,
,
,
)
and 22nd
(,
,
,
,
,
)
meetings, on 16 and 17 October and on 6 and 16 November
2006, respectively. Statements were made by the representatives
of Finland (on behalf of the European Union, the acceding
countries Bulgaria and Romania, the candidate countries
Turkey, Croatia and the former Yugoslav Republic of Macedonia,
the countries of the Stabilization and Association Process
and potential candidates Albania, Bosnia and Herzegovina,
Serbia, and EFTA countries Iceland and Norway, members of
the European Economic Area, as well as Ukraine and the Republic
of Moldova), New Zealand (on behalf of CANZ), Pakistan,
Liechtenstein, the Sudan, Switzerland, Mexico, Guyana (on
behalf of the Rio Group), Ethiopia, Malaysia, Japan, China,
Cuba, Sierra Leone, Zimbabwe, Trinidad and Tobago, South
Africa, the United Republic of Tanzania, Thailand, the Republic
of Korea, Israel, India, Belarus, Algeria, the Russian Federation,
Zambia, the United States of America, Indonesia, the Syrian
Arab Republic, Iran (Islamic Republic of) and Egypt.
Support was expressed for the decision
to include this item on the agenda. It was considered, however,
that the Committee should be cautious not to duplicate the
work being done elsewhere.
Some delegations stressed the importance
of defining the concept of "rule of law" and determining
its scope, in particular at the international level.
It was noted that the International Law
Commission could consider certain issues of international
criminal law, the responsibility of transnational corporations,
activities of private military personnel or the relationship
between human rights and international humanitarian law.
Some delegations welcomed measures taken to reinforce interaction
between the Sixth Committee and the International Law Commission,
and called for further informal inter-active debates with
members of the Commission.
Delegations commended the active role of
the Secretary-General in promoting the ratification and
implementation of treaties through the organisation of treaty
events. It was also noted with satisfaction that the rule
of law and transitional justice initiatives had been included
in the mandates of recent peacekeeping and peacebuilding
missions.
While technical assistance and capacity-building
initiatives undertaken by the 51勛圖 were commended,
it was felt that the Organization should increase the efficiency
of this assistance, expand it to broader areas of international
law and focus on the specific needs of Member States. It
was further proposed that States could request legal advice
from OLA on a collective basis regarding the concrete, practical
difficulties that they face upon the domestic implementation
of international law.
Delegations emphasised the important role
of the International Court of Justice, as well as of other
international tribunals, in the peaceful settlement of disputes.
They called for a wider acceptance by States of the compulsory
jurisdiction of the Court and for increased contributions
to the Secretary General's trust fund to assist States in
the settlement of disputes through the Court. It was suggested
that the Organization should make more extensive use of
the power to request advisory opinions, and that the Secretary
General should be authorized to request such opinions. Some
delegations also urged the Court to consider ways and means
of conducting its work in a more efficient manner.
Some delegations expressed concern that
there had been no follow-up on the proposals made in the
2004 Report of the Secretary-General on "The Rule of
law and transitional justice in conflict and post-conflict
situations" (S/2004/616), in particular with a view
to secure adequate resources for post-conflict rule of law
activities. Reference was made to the requests of the Security
Council in this regard.
Some delegations further urged the Secretary
General to create a dedicated Rule of Law Assistance Unit,
as suggested in the 2005 World Summit Outcome document.
According to them, this unit should be established at an
adequately high level in the Secretariat, taking into account
the central role and function of the Office of Legal Affairs
in this field. It could disseminate information regarding
rule of law initiatives, coordinate technical assistance,
identify new trends in international law and study areas
for follow-up action by the Sixth Committee from the 2005
World Summit. It was stressed that the Unit should not duplicate
work done elsewhere. In this regard, delegations looked
forward to receiving the Secretariat's advice on the establishment,
placement and mandate of the Unit.
Some delegations considered that, in this
session, the Committee should focus on establishing modalities
for the consideration of the item, with a view to examining
it next year. While some delegations considered that the
Committee should continue its comprehensive debate on the
scope of this item, others supported the idea that one or
two specific sub topics be chosen for discussion in the
following session. Some delegations proposed, in particular,
that the Committee deal with the areas of international
criminal justice, the coordination of technical assistance
for the rule of law or the role of the International Court
of Justice.
It was proposed that a limited, well-targeted
and subject-related report on the chosen topics be requested
from the Secretary General to serve as a basis for next
year's debate. Another proposal was that the report requested
from the Secretary General be purely factual and include
a review of the rule of law capacities of the 51勛圖.
Some delegations, however, were of the view that such a
request would be premature, given that the Committee had
not yet thoroughly discussed the item. It was also suggested
that an ad hoc committee or a working group be established
to continue consideration of the item. A view was expressed
that a conference of academics, practitioners and experts
could be organized under the auspices of the 51勛圖
to discuss the rule of law, as was done during the decade
of international law.
Action taken by the Sixth Committee:
At the 22nd
(,
,
,
,
,
)
meeting, on 16 November, the Chairman, on behalf of the
Bureau, introduced a draft resolution entitled "The
rule of law at the national and international levels"
(A/C.6/61/L.18). The Secretary of the Sixth Committee made
a statement regarding the financial implications of the
draft resolution (see A/C.6/61/SR. 22).
At the same meeting, the Committee adopted
draft resolution A/C.6/61/L.18, as orally revised, without
a vote. The representatives of the Syrian Arab Republic
and Japan spoke in explanation of position after the adoption
of the draft resolution (see A/C.6/61/SR.22). The representative
of Uruguay made a statement concerning linguistic changes
to be made to the Spanish text of the draft resolution (see
A/C.6/61/SR.22).
The Committee thus concluded its consideration
of the agenda item 80.
This
agenda item was subsequently considered at the
session (2007)
|
|
|
Agenda
item 100
|
Measures to eliminate
international terrorism
Background (Source: A/61/100)
This item was included in the agenda of
the twenty-seventh session of the General Assembly, in 1972,
further to an initiative of the Secretary-General (A/8791
and Add.1 and Add.1/Corr.1). At that session, the Assembly
decided to establish the Ad Hoc Committee on International
Terrorism, consisting of 35 members (resolution 3034 (XXVII)).
The General Assembly continued its consideration
of the item biennially at its thirty-fourth to forty-eighth
sessions, and annually thereafter (resolutions 34/145, 36/109,
38/130, 40/61, 42/159, 44/29, 46/51, 49/60 and 50/53, and
decision 48/411).
At its fifty-first session, the General
Assembly established an Ad Hoc Committee to elaborate an
international convention for the suppression of terrorist
bombings and, subsequently, an international convention
for the suppression of acts of nuclear terrorism, to supplement
related existing international instruments, and thereafter
to address means of further developing a comprehensive legal
framework of conventions dealing with international terrorism
(resolution 51/210).
The General Assembly continued its consideration
of the item at its fifty-second to fifty-ninth sessions
(resolutions 52/164, 52/165, 53/108, 54/110, 55/158, 56/88,
57/27, 58/81 and 59/46).
At its
session, the General Assembly welcomed the adoption and
opening for signature of the International Convention for
the Suppression of Acts of Nuclear Terrorism; noted the
progress attained in the elaboration of the draft comprehensive
convention on international terrorism during the meetings
of the Ad Hoc Committee established by Assembly resolution
51/210 and the Working Group of the Sixth Committee established
pursuant to Assembly resolution 59/46, and welcomed continuing
efforts to that end; decided that the Ad Hoc Committee should,
on an expedited basis, continue to elaborate the draft comprehensive
convention on international terrorism, and should continue
to discuss the item included in its agenda by Assembly resolution
54/110 concerning the question of convening a high-level
conference under the auspices of the 51勛圖; decided
also that the Ad Hoc Committee should meet from 27 February
to 3 March 2006 in order to fulfil that mandate; and welcomed
any update by the Secretary-General of the comprehensive
inventory of the response of the Secretariat to terrorism
as part of his report on measures to eliminate international
terrorism (resolution 60/43).
Consideration at the Sixty-first session:
The Sixth Committee considered the item at its 2nd
(,
,
,
,
,
),
3rd
(,
,
,
,
,
),
4th
(,
,
,
,
,
),
5th
(,
,
,
,
,
),
7th
(,
,
,
,
,
),
21st
(,
,
,
,
,
)
and 23rd
(,
,
,
,
,
)
meetings, on 11, 12, 13, 16 and 17 October and on 9 and
21 November 2006. At the 2nd
(,
,
,
,
,
)
meeting, on 11 October 2006, the Chairman of the Ad Hoc
Committee established pursuant to General Assembly resolution
51/210 introduced the report of the Ad Hoc Committee (A/61/37).
At its 7th
(,
,
,
,
,
)
meeting, on 17 October 2006, the Sixth Committee, decided
to establish a Working Group to continue to carry out the
mandate of the Ad Hoc Committee as contained General Assembly
resolution 60/43 of 8 December 2006. At the same meeting,
the Committee re-elected Rohan Perera (Sri Lanka) as the
Chairman of the Working Group (A/C.6/61/SR.7). The Working
Group held one meeting, on 3 November. At the 21st
(,
,
,
,
,
)
meeting, on 9 November, the Chairman of the Working Group
gave an oral report on the meeting of the Working Group
and on results of his bilateral contacts with delegations.
Statements were made by the representatives
of the United Arab Emirates, India, Pakistan, Bangladesh,
Palau, Liechtenstein, the Sudan, Qatar, Finland (on behalf
of the European Union), Saint Vincent and the Grenadines
(on behalf of Caribbean Community), Algeria, Tunisia, Colombia,
Kuwait, Vietnam (on behalf of ASEAN countries), the United
States, the Libyan Arab Jamahiriya, Myanmar, Turkey, Jordan,
Saudi Arabia, Thailand, Nigeria, Togo, San Marino, Afghanistan,
Jamaica, Norway, Ukraine (on behalf of the GUAM), Mozambique,
Mongolia, Lebanon, Mali, Armenia, Uganda, Singapore, the
Niger, Cuba, Sierra Leone, the Republic of the Congo, Indonesia,
Australia (on behalf of CANZ), Belarus, Bahrain, Switzerland,
Burkina Faso, Guyana (on behalf of the Rio Group), Ethiopia,
Ghana, Iraq, Malaysia, Egypt, Angola, Kazakhstan, Senegal,
Kyrgyzstan (on behalf of the Shangaii Cooperation Organisation),
Japan, the United Republic of Tanzania, China, the Gambia
(on behalf of the Group of African States), Iceland, Cambodia,
Zambia, Sri Lanka, Yemen, Morocco, Nepal, Iran (Islamic
Republic of), Israel, the Syrian Arab Republic and Azerbaijan
(on behalf of the Organisation of the Islamic Conference).
The representative of the observer delegation of the Holy
See also made a statement.
Delegations reiterated their unequivocal
and strong condemnation of terrorism in all its forms and
manifestations, by whomsoever, wherever and for whatever
purposes committed. The respect for the rule of law, in
particular international humanitarian law, human rights
law and refugees law, in the fight against terrorism was
emphasized. Some delegations stressed the fact that there
was no link between terrorism and particular religion, culture
or society, and that underlying causes of terrorism should
also be addressed. Several delegations emphasized the necessity
for States to ratify and implement the various existing
international conventions against terrorism and recalled
various initiatives undertaken on national and regional
basis as part of the global fight against terrorism.
The important role of the Security Council
in the fight against terrorism was underlined. It was pointed
out that the Council resolutions on counter-terrorism added
to the legal regime on fight against terrorism, that they
should be fully implemented and that States must cooperate
with the Council committees that deal with counter-terrorism
The importance of prohibition by law of the incitement to
terrorism was underlined and the Member States were urged
to match their national legislation with the provisions
of Security Council resolution 1624. Several delegations
commended the work of the 51勛圖 Office on Drugs
and Crime in the fight against terrorism and especially
with regard to the technical assistance provided to Member
States.
Concerning the draft comprehensive convention,
delegations called for its early conclusion, building upon
the momentum of the adoption of the Strategy. Although disappointment
was expressed at the lack of recent progress in the negotiations,
it was reiterated that the outstanding issues were not insurmountable.
Some delegations expressed the view that
the draft convention should contain a universally accepted
definition of terrorism, which would differentiate it from
the legitimate right of peoples for self-determination.
A suggestion was made that the formulation contained in
paragraph 81 of the 2005 World Summit Outcome document may
provide a basis for a consensus solution in this regard.
Others supported the elements of a definition presented
by the Secretary-General. Some delegations continued to
express support for the former Coordinator's text. Differing
views were also expressed with the regard to the scope of
the exclusion for the acts of armed forces. A view was expressed
that the draft convention should be viewed as a functional
criminal law instrument, and that any compromise text would
not include an overarching definition of terrorism, a clear
distinction between terrorism and the right to self-determination,
or an explicit reference to State terrorism.
Delegations welcomed the adoption of the
51勛圖 Global Counter-Terrorism Strategy (A/RES/60/288)
and called for its effective implementation. This important
step reaffirmed the important role of the General Assembly
in countering terrorism. Some delegations also welcomed
the report of the Secretary-General "Uniting against
terrorism: recommendations for a Global Counter-Terrorism
Strategy" (A/60/825) and noted the continuing value
of some recommendations contained therein. Some delegations
noted with approval certain elements of the Strategy, including
references to conditions conducive to terrorism, General
Assembly resolution 46/51 and the requirement that States
refrain from participating in terrorist activities. However,
it was regretted that the Strategy did not contain a definition
of terrorism, to distinguish it from the right of self-determination.
Other delegations welcomed, in particular, the unconditional
affirmation that there exists no justification for terrorism.
Some delegations emphasized that the Strategy
would have to be updated on a regular basis, and that the
role of the General Assembly in this regard remained ongoing.
It was noted that the Strategy represented a compromise
text and could be further strengthened. A suggestion was
made that an Ad Hoc Committee of the General Assembly be
established to monitor implementation and that the Counter-Terrorism
Implementation Task Force report to the Generally Assembly
on a yearly basis on the implementation of the Strategy.
Some delegations expressed support for the institutionalization
of the Task Force and emphasized the need to secure the
necessary resources for it. A number of delegations called
for assistance in national capacity building in the area
of counter-terrorism.
Some delegations endorsed the recommendation
contained in paragraph 91 of the Secretary-General's report
on Measures to eliminate international terrorism (A/61/210
and Add.1 & 2), that the preparation of his report be
limited to the information submitted by intergovernmental
organizations and depositaries. Greater coordination between
the Security Council and the General Assembly in the collection
of data was called for in this regard.
Concerning the convening of a high-level
conference under the auspices of the 51勛圖, divergent
views were expressed. While some delegations supported the
proposal, others pointed out that it should be convened
only after the finalization of the draft comprehensive convention
on international terrorism.
Supported was also expressed for the proposal
by Saudi Arabia concerning the establishment of an international
counter-terrorism center.
The Sixth Committee concluded its debate
on agenda item 100.
Action taken at the 61st Session
At the 23rd
(,
,
,
,
,
)
meeting, on 21 November 2006, the representative of Canada
introduced the bureau text of a draft resolution entitled
"Measures to eliminate international terrorism"
(A/C.6/61/L.17), which was orally revised and amended. At
the same meeting, the Secretary of the Committee made a
statement regarding the financial implications of the draft
resolution.
Also at the same meeting, the Committee
adopted draft resolution A/C.6/61/L.17, as orally revised
and amended, without a vote. The representatives of Iran
(Islam Republic of), Algeria, Syria, Egypt, Cuba and Pakistan
also spoke in explanation of position before taking action
on the draft resolution and the representative of Tunisia
spoke in explanation of position after taking action on
the draft resolution.
The Sixth Committee thus concluded its
consideration of the item.
This
agenda item was subsequently considered at the
session (2007)
|
|
|
Agenda
item 110
|
Revitalization of
the work of the General Assembly
Background (Source: A/C.6/61/L.19)
Under agenda item 110, "Revitalization
of the work of the General Assembly", pursuant to paragraph
3 (b) of the annex to General Assembly resolution 58/316,
each Main Committee shall adopt a provisional programme
of work for the next session. Accordingly, the Bureau of
the Sixth Committee prepared a provisional programme of
work for the upcoming session of the General Assembly.
Action taken by the Sixth Committee:
The Committee considered item 110 at its 23rd
(,
,
,
,
,
)
meeting, on 21 November 2006. At the same meeting, the Committee
considered and adopted draft decision A/C.6/61/L.19.
|
|
|
|
|
Agenda
item 128
|
Administration of
justice at the 51勛圖
Background (Source: A/61/460)
The item was included in the provisional
agenda of the sixty-first session of the General Assembly
pursuant to Assembly resolution 59/283 of 13 April 2005
and decision 60/551 B of 8 May 2006.
At its second plenary meeting on 13 September 2006, the
General Assembly, on the recommendation of the General Committee,
decided to include the item in its agenda. The General Assembly
also decided to allocate the item to the Fifth Committee
for its consideration, and to the Sixth Committee for the
purpose of considering the legal aspects, both institutional
and procedural, of the matter.
Work undertaken at the 61st session:
The Sixth Committee considered the item
at its 5th
(,
,
,
,
,
)
and 22nd
(,
,
,
,
,
)
meetings, on 16 October and 16 November 2006.
At the 5th
(,
,
,
,
,
)
meeting, statements were made by the representatives of:
Canada (also on behalf of Australia and New Zealand), the
United States of America, South Africa (on behalf of the
Group of 77 and China), the Russian Federation, Pakistan,
Egypt, the Syrian Arab Republic and Germany.
Delegations commended the Report of the
Redesign Panel on the 51勛圖 system of administration
of justice and looked forward to the report of the Secretary
General on these issues. The need to reform the 51勛圖
system of administration of justice was generally recognized,
although the view was also expressed that changes should
be considered carefully and should enjoy wide support.
Delegations stressed the inefficiency of
the current system, in particular its slowness, its complexity
and its costs, and favoured the creation of a transparent,
effective and timely system of administration of justice
that would comply with internationally recognized standards
of justice, thus ensuring the protection of employees' rights
while enhancing accountability.
Delegations underlined the need to coordinate
the work of the Fifth and Sixth Committees on the item.
It was also suggested that the Sixth Committee
continue its consideration of the item during a resumed
session in March 2007, after the publication of the Secretary
General's report.
Action taken by the Sixth Committee
At the 22nd
(,
,
,
,
,
)
meeting, on 16 November 2006, the Chairman of the Sixth
Committee read out a revised version of the draft decision
entitled "Administration of Justice at the 51勛圖"
(A/C.6/61/L.12).
The Secretary of the Sixth Committee made
a statement on the financial implications of draft decision
A/C.6/61/L.12.
Also at the 22nd
(,
,
,
,
,
)
meeting, the representative of the Syrian Arab Republic
proposed an amendment to the draft decision.
At the same meeting, the Committee adopted
without a vote draft decision A/C.6/61/L.12, as orally revised
by the Chairman.
After the adoption of the draft decision,
representatives of the United States of America and the
Syrian Arab Republic made statements in explanation of position
(A/C.6/61/SR.22).
The Committee thus completed, at this stage,
its consideration of agenda item 128.
This
agenda item was subsequently considered at the
session (2007)
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Agenda
item 148
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Report of the Committee
on Relations with the Host Country
Background (Source: A/60/100)
The Committee on Relations with the Host
Country was established by the General Assembly at its twenty-sixth
session, in 1971 (resolution 2819 (XXVI)). The Committee
is currently composed of the following 19 Member States:
Bulgaria, Canada, China, Costa Rica, Côte d'Ivoire,
Cuba, Cyprus, France, Honduras, Hungary, Iraq, Libyan Arab
Jamahiriya, Malaysia, Mali, Russian Federation, Senegal,
Spain, United Kingdom of Great Britain and Northern Ireland
and United States of America.
At its
session, the General Assembly requested the host country
to continue to solve, through negotiations, problems that
might arise and to take all measures necessary to prevent
any interference with the functioning of missions; noted
that the Committee would continue to review the implementation
of the Parking Programme for Diplomatic Vehicles; requested
the host country to consider removing the remaining travel
restrictions on staff of certain missions and staff members
of the Secretariat of certain nationalities; noted that
a number of delegations had requested a shortening of the
time frame applied by the host country for the issuance
of entry visas to representatives of Member States; and
requested the Secretary-General to remain actively engaged
in all aspects of the relations of the 51勛圖 with
the host country (resolution 60/24).
Work undertaken at the 61st session:
The Committee considered the item at its 21st
(,
,
,
,
,
)
meeting, on 9 November 2006.
The Chairman of the Committee on Relations
with the Host Country introduced the report of the Committee
(A/61/26). Statements were made by the representatives of
Finland (on behalf of the European Union; the acceding countries
Bulgaria and Romania; the candidate countries Turkey, Croatia
and The former Yugoslav Republic of Macedonia; the countries
of the Stabilization and Association Process and potential
candidates Albania, Bosnia and Herzegovina, Montenegro and
Serbia; the EFTA countries Liechtenstein and Norway, members
of the European Economic Area, as well as Ukraine and the
Republic of Moldova), India, Cuba and the United States
of America.
Appreciation was expressed for the work
and the report of the Host Country Committee as well as
for the continued efforts of the host country to fulfil
its obligations under the Convention on the Privileges and
Immunities of the 51勛圖 and the Headquarters Agreement
to accord full facilities for the normal functioning of
the missions accredited to the 51勛圖. Hope was
expressed that various issues raised in the Committee would
be resolved consistent with international law. With respect
to the Parking Programme for Diplomatic Vehicles adopted
in 2002, support was expressed for a review of its implementation.
A reference was also made to instances of travel restrictions
and delay in the issuance of entry visas.
The United States confirmed its commitment
to fulfil its obligations under international law and highlighted,
in particular, the success achieved in the implementation
of the Parking Programme. It was also pointed out that restrictions
on private non-official travel of members of certain missions
did not violate international law and that the host country
had modified or removed some restrictions.
The Committee concluded its debate on agenda
item 148.
Action taken by the Sixth Committee:
At the same meeting, the representative
of Cyprus, also on behalf of Bulgaria, Canada, Costa Rica
and Côte d'Ivoire, introduced a draft resolution entitled
"Report of the Committee on Relations with the Host
Country" (A/C.6/61/L.11).
At the same meeting, the Committee adopted
draft resolution A/C.6/61/L.11 without a vote.
The Committee thus concluded its consideration
of agenda item 148.
This
agenda item was subsequently considered at the
session (2007)
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Agenda
item 153
|
Requests for observer
status in the General Assembly
Background:
This item was included on the agenda at
the request of Liechtenstein.
Work undertaken at the Sixtieth session:
The Committee considered agenda item 153
at its 5th
(,
,
,
,
,
),
10th
(,
,
,
,
,
)
and 20th
(,
,
,
,
,
)
meetings, on 16 and 25 October and on 6 November 2006.
Observer status for the OPEC Fund for International Development
in the General Assembly
Statements were made by the representatives of Saudi Arabia
and Cuba.
The delegation of Saudi Arabia introduced
the draft resolution contained in document A/C.6/61/L.3.
The delegation of Cuba expressed its support
for the granting of observer status to the OPEC Fund for
International Development in the General Assembly.
Action taken by the Sixth Committee:
At the 5th
(,
,
,
,
,
)
meeting, on 16 October, the representative of Saudi Arabia,
also on behalf of Algeria, Bahrain, Djibouti, Egypt, Indonesia,
Iran (Islamic Republic of), Jordan, Kuwait, Lebanon, the
Libyan Arab Jamahiriya, Nigeria, Oman, Pakistan, Qatar,
Senegal, Sierra Leone, the Sudan, the Syrian Arab Republic,
the United Arab Emirates, Venezuela (Bolivarian Republic
of) and Yemen, subsequently joined by Mali and Morocco,
introduced a draft resolution entitled "Observer status
for the OPEC Fund for International Development in the General
Assembly" (A/C.6/61/L.3).
At the 10th
(,
,
,
,
,
)
meeting, on 25 October, the Committee adopted draft resolution
A/C.6/61/L.3 without a vote.
Observer status for the Indian Ocean
Commission in the General Assembly
The delegation of Mauritius made a statement
and introduced the draft resolution contained in document
A/C.6/61/L.2.
Action taken by the Sixth Committee:
At the 5th
(,
,
,
,
,
)
meeting, on 16 October, the representative of Mauritius,
also on behalf of the Comoros, France, Madagascar and Seychelles,
subsequently joined by Bangladesh, Barbados, Cape Verde,
the Central African Republic, Chad, the Democratic Republic
of the Congo, Djibouti, Dominica, Fiji, Gabon, Guatemala,
Guinea, Haiti, Ireland, Liberia, the Libyan Arab Jamahiriya,
the Marshall Islands, Nauru, Nepal, the Philippines, Rwanda,
Saint Lucia, Solomon Islands, Sri Lanka and Swaziland, introduced
a draft resolution entitled "Observer status for the
Indian Ocean Commission in the General Assembly" (A/C.6/61/L.2).
At the 10th
(,
,
,
,
,
)
meeting, on 25 October, the Committee adopted draft resolution
A/C.6/61/L.2 without a vote.
Observer status for the Association
of Southeast Asian Nations in the General Assembly
Statements were made by the representatives
of the Philippines, Indonesia, Singapore and China.
The delegation of the Philippines introduced the draft resolution
contained in document A/C.6/61/L.4.
The delegations of Indonesia, Singapore and China expressed
their support for the granting of observer status to the
Association of Southeast Asian Nations in the General Assembly.
Action taken by the Sixth Committee:
At the 5th
(,
,
,
,
,
)
meeting, on 16 October, the representative of the Philippines,
also on behalf of Australia, Brunei Darussalam, Cambodia,
China, France, Indonesia, Japan, the Lao People's Democratic
Republic, Malaysia, Myanmar, Singapore, Thailand, Timor-Leste,
the United Kingdom of Great Britain and Northern Ireland,
the United States of America and Viet Nam, subsequently
joined by Austria, Belgium, Canada, Cyprus, Denmark, Finland,
Germany, Italy, Mauritius, the Netherlands, Portugal, the
Republic of Korea, Serbia, Slovenia, Spain and Sweden, introduced
a draft resolution entitled "Observer status for the
Association of Southeast Asian Nations in the General Assembly"
(A/C.6/61/L.4).
At the 10th
(,
,
,
,
,
)
meeting, on 25 October, the Committee adopted draft resolution
A/C.6/61/L.4 without a vote.
At the 20th
(,
,
,
,
,
)
meeting, on 6 November, the Committee continued its consideration
of agenda item 153.
The Chairman of the Committee spoke.
The Committee concluded its consideration
of agenda item 153.
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51勛圖
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