Science Blog -- STATEMENTS TO GENERAL ASSEMBLY PLENARY

Background

The General Assembly met this morning to consider the reports of its Sixth Committee (Legal) containing recommendations on issues ranging from administration of justice at the United Nations to reproductive cloning of human beings. On the issue of cloning, the Assembly would have before it the Sixth Committee’s recommendation that consideration of the item be deferred for two years until the Assembly’s sixtieth session in 2005, as well as a new draft resolution to be presented today by which the Assembly would, inter alia, request that the Ad Hoc Committee on the topic reconvene for a week during the Assembly’s fifty-ninth session.

The Sixth Committee’s other reports covered topics such as measures to eliminate international terrorism, international trade law, the establishment of the International Criminal Court and the scope of legal protection and safety of United Nations staff on missions and humanitarian workers.

Sixth Committee Reports

By a draft decision on the Progressive development of the principles and norms of international law relating to the new international economic order (document A/58/510), the General Assembly would take note of the item, and would further note that it could be considered in the future.

The Sixth Committee approved the draft decision without a vote on
4 November.

Under the terms of a draft resolution on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law (document A/58/511), the General Assembly would approve guidelines and recommendations for the Programme’s implementation in the biennium 2004-2005 specified in a report of the Secretary-General. The Secretary-General would be asked to publicize the Programme and invite voluntary contributions for its financing. The Secretary-General would be asked to report on the Programme’s implementation at the Assembly’s sixtieth session.

The Assembly would decide to appoint 25 Member States as members of the Programme’s Advisory Committee for a period of four years beginning on 1 January 2004.

The Sixth Committee approved the draft resolution without a vote on
4 November.

By a draft resolution on the Convention on jurisdictional immunities of States and their property (document A/58/512), the General Assembly would decide that its Ad Hoc Committee on the question should be reconvened from 1 to 5 March 2004 with a mandate to formulate a preamble and final clauses with a view to completing the instrument.

The Ad Hoc Committee, established by the General Assembly in its
resolution 55/150 of 12 December 2000, is elaborating an instrument based on the draft articles on jurisdictional immunities of States and their property adopted by the International Law Commission at its forty-third session in 1991. The Ad Hoc Committee completed work on the 24 draft articles during its session this year.

The Sixth Committee approved the draft resolution without a vote on
4 November.

The Sixth Committee’s report on the United Nations Commission on International Trade Law (UNCITRAL) on the work of its thirty-sixth session (document A/58/513) contains two draft resolutions.

Draft Resolution I

By the terms of the text entitled Report of the United Nations Commission on International Trade Law (UNCITRAL) on the work of its thirty-sixth session, the General Assembly would, among other things, request the Commission and its secretariat to take the lead in assuring cooperation and coordination with relevant international institutions and organizations in the preparation of international legal texts.

It would request the Secretary-General to keep under review the level of resources available to the Commission to ensure its ability to carry out its mandate. The Assembly would appeal to governments, the relevant United Nations bodies, organizations, institutions and individuals to support the Commission’s training and legislative technical assistance programme, particularly in the developing countries, and to make voluntary contributions to the relevant trust funds.

It would commend the Commission for its approval in principle of the draft legislative guide on insolvency law, elaborated in close cooperation with other international organizations, including the World Bank, the International Monetary Fund, the Asian Development Bank, the International Bar Association and the International Federation of Insolvency Professionals. The Assembly would request that the draft legislative guide be made available for comment to Member States and relevant intergovernmental and non-governmental organizations, as well as private sector and regional organizations and individual experts.

Draft Resolution II

Under provisions of the second draft resolution, entitled Model Legislative Provisions on Privately Financed Infrastructure Projects of the United Nations Commission on International Trade Law, the General Assembly would express its appreciation to the Commission for adopting the instrument. The Secretary-General would be asked to publish the text which is contained in annex I of the Commission’s report (A/58/17).

The Assembly would recommend that all States give due consideration to the Model Legislative Provisions and the Legislative Guide on Privately Financed Infrastructure Projects adopted by the Commission in 2000 when revising or adopting their relevant legislation.

The Sixth Committee approved the two draft resolutions without a vote on
21 October.

A draft resolution on the International Law Commission on the work of its fifty-fifth session contained in document A/58/514 would have the General Assembly note with appreciation the Commission’s report and recommend that it continue its work on the topics in its current programme, taking into account comments and observations of governments.

The General Assembly would reiterate the invitation to Governments to provide information on State practice on the topic “Unilateral acts of States”. The Secretary-General would be requested to invite States and international organizations to submit information concerning their practice relevant to the topic “Responsibility of international organizations”, including cases in which States members of an international organization may be regarded as responsible for acts of the organization.

The International Law Commission would be invited to continue to enhance its efficiency and productivity and also to take cost-saving measures at its future sessions. Furthermore, the General Assembly would approve the Commission’s conclusions regarding its documentation. It would decide that the Commission’s next split session shall be held at the United Nations Office in Geneva from 3 May to 4 June and from 5 July to 6 August 2004.

The Sixth Committee approved the draft resolution without a vote on
6 November.

A draft resolution on the Report of the Committee on Relations with the Host Country contained in the Sixth Committee’s report (document A/58/515) would have the Assembly endorse the Committee’s recommendations and conclusions. By the draft text, the Assembly would express the view that the maintenance of appropriate conditions for the work of delegations and missions was of great importance. It would welcome the Host Country Committee’s decision to conduct a detailed review of the implementation of the Parking Programme for Diplomatic Vehicles introduced over a year ago.

The Assembly would note that travel controls imposed on personnel of certain missions as well as United Nations Secretariat staff of certain nationalities remained in effect and that timely issuance of visas to Member State delegates was anticipated. It would express its appreciation for the efforts made by the host country, and would hope that issues raised at meetings of the Committee on Relations with the Host Country would continue to be resolved in a spirit of cooperation and in accordance with international law.

The Sixth Committee approved the draft resolution without a vote on
5 November.

By the terms of a draft resolution on the International Criminal Court contained in document A/58/516, the General Assembly would call upon States to consider ratifying or acceding without delay to the Rome Statute of the Court. The Assembly would welcome the establishment of the permanent secretariat of the Assembly of States Parties and in that context would recognize the need for an orderly and smooth transition from the Secretariat of the United Nations to the new secretariat. The Assembly would call upon States to consider becoming parties, without delay, to the Agreement on Privileges and Immunities of the International Criminal Court.

By other provisions of the draft, the Secretary-General would be invited to take steps to ensure the conclusion of a relationship agreement between the United Nations and the Court which is based at The Hague, Netherlands.

The Sixth Committee approved the draft resolution on 23 October.

The Sixth Committee’s report on the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (document A/58/517) contains two draft resolutions.

Draft Resolution I

By the terms of draft resolution I, entitled Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, the General Assembly would ask the Special Committee at its next session, from 29 March to 8 April 2004, to continue its consideration of all proposals on the maintenance of international peace and security. The Special Committee would also be requested to consider, on a priority basis, the question of the implementation of Charter provisions on assistance to third States affected by the application of sanctions under Chapter VII of the Charter.

Furthermore, the Assembly would encourage the Secretary-General in his efforts to reduce the backlog in the Repertory of Practice of United Nations Organs and in the Repertoire of the Practice of the Security Council, including by exploring options for cooperation with academic institutions.

Charter Committee Draft Resolution II

By the provisions of draft resolution II, Implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions, the General Assembly would, inter alia, decide to consider within the Sixth Committee, or a working group of the Committee, at its fifty-ninth session, further progress in the elaboration of effective measures to implement those provisions.

The Assembly would ask the Secretary-General to ensure that the Secretariat developed the capacity, procedures and guidelines to provide information about international assistance available to the third States. It would reaffirm the important role of all United Nations organs in addressing their problems.

The Sixth Committee approved the two draft resolutions without a vote on
6 November.

By a draft resolution on Measures to eliminate international terrorism contained in document A/58/518, the General Assembly would urge all States to become party to the relevant conventions and protocols on terrorism, as a matter of priority.

By other terms of the draft, the Assembly would decide that its Ad Hoc Committee on Terrorism would continue to elaborate a draft comprehensive convention on international terrorism, as a matter of urgency, and would also continue its efforts to resolve the outstanding issues relating to a draft convention for the suppression of acts of nuclear terrorism. The Ad Hoc Committee would keep on its agenda the question of the convening of a high-level conference under United Nations auspices to formulate a joint organized response of the international community to terrorism in all its forms and manifestations.

The Assembly would further decide that the Ad Hoc Committee meet from
28 June to 2 July 2004, and that work would also continue, if necessary, during its fifty-ninth session, within the framework of a working group of the Sixth Committee.

The Sixth Committee approved the draft resolution without a vote on
5 November.

By the terms of a draft resolution on the Scope of legal protection under the Convention on the Safety of United Nations and Associated Personnel contained in document A/58/519, the General Assembly would urge States to take all necessary measures to prevent crimes against such personnel and to ensure that perpetrators were brought to justice. It would recommend that the Secretary-General continue to seek the inclusion of key provisions of the Convention into agreements related to peacekeeping and other operations.

By other provisions of the text, the next meeting of the Ad Hoc Committee on the topic, established by General Assembly resolution 56/89, would be held from
12 to 16 April 2004. The Committee’s mandate, as set out in the text, would be to expand the scope of legal protection under the Convention. It would continue its work during the fifty-ninth session of the General Assembly within the working group of the Sixth Committee.

The Sixth Committee approved the draft resolution without a vote on
4 November.

The Sixth Committee in its report on the item International convention against the reproductive cloning of human beings (document A/58/520) recommended on 6 November that the question should be included in the provisional agenda of the Assembly’s sixtieth session in 2005. On the same date, a motion to adjourn the debate on the item until the Assembly’s sixtieth session was carried by a recorded vote of 80 votes in favour to 79 against, with 15 abstentions.

A new draft resolution (document A/58/L.37) also entitled International convention against the reproductive cloning of human beings –- to be introduced in the Assembly today -- would have the Assembly request the Ad Hoc Committee on the subject to be reconvened for one week during the Assembly’s fifty-ninth session in 2004 to prepare, as a matter of urgency, the draft text of an international convention against human cloning. It would be understood that the instrument would not prohibit the use of nuclear transfer or other cloning techniques to produce deoxyribonucleic acid molecules, organs, plants, tissues, cells other than human embryos or animals other than humans. By the draft text, the Assembly would recommend that the Sixth Committee designate specific dates for the Ad Hoc Committee’s meetings during the fifty-ninth session.

By other provisions of the new text, the Ad Hoc Committee would be requested to consider, in developing the draft convention, the proposals put forward during the fifty-eighth session of the General Assembly.

The Assembly would solemnly declare that, pending the adoption of an international convention against human cloning, States shall prohibit any research, experiment, development or application in their territories or areas under their jurisdiction or control of any technique aimed at human cloning. States would be called upon to adopt such measures as might be necessary to prohibit those techniques of genetic engineering that might have adverse consequences on the respect for human dignity.

The Assembly would strongly encourage States and other entities to direct funds that might have been used for human cloning technologies to pressing global issues in developing countries such as famine, desertification, infant mortality and diseases, including the human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS).

The Assembly would decide to include in the provisional agenda of its fifty-ninth session an item entitled “International convention against human cloning”.

Requests for Observer Status

A draft resolution on Observer status for the International Institute for Democracy and Electoral Assistance in the General Assembly contained in document A/58/522 would have the Assembly decide to invite the Institute to participate in its sessions and work as an observer.

The Sixth Committee approved the draft resolution without a vote on
9 October.

A draft resolution requesting Observer status for the Eurasian Economic Community contained in document A/58/523 would have the Assembly invite the organization to participate in its sessions and work as an observer. The organization comprises Belarus, Kazakhstan, Kyrgyzstan, the Russian Federation and Tajikistan, with Armenia, Ukraine and the Republic of Moldova as observers.

The Sixth Committee approved the draft resolution without a vote on
9 October.

A draft resolution on a request for Observer status for the GUUAM in the General Assembly contained in document A/58/524 would have the General Assembly invite the organization, comprising Azerbaijan, Georgia, Republic of Moldova, Ukraine and Uzbekistan to participate in its sessions and work as an observer.

The Sixth Committee approved the draft resolution without a vote on
9 October.

A draft resolution on Observer status for the East African Community in the Assembly contained in document A/58/525 would have the Assembly invite the organization, which comprises, Kenya, Uganda and the United Republic of Tanzania, to participate in that capacity in its sessions and work.

The Sixth Committee approved the draft resolution without a vote on
9 October.

The report of the Sixth Committee on the Administration of justice at the United Nations is contained in document A/58/521. A draft resolution on the subject would have the General Assembly decide to amend the Statute of the United Nations Administrative Tribunal with effect from 1 January 2004, as follows:

Article 3, paragraph 1, shall be amended to read: “The Tribunal shall be composed of seven members, no two of whom may be nationals of the same State. Members shall possess judicial or other relevant legal experience in the field of administrative law or its equivalent within the member’s national jurisdiction. Only three members shall sit in any particular case”.

The Sixth Committee approved the draft resolution without a vote on
21 October.