General Assembly Session 49 meeting 105

The President

Before turning to the items on our agenda for this morning, may I, on behalf of all the members of the Assembly, extend our deepest sympathy to the Government and the people of China for the tragic loss of life and extensive material damage that have resulted from the recent floods.

I now call on the representative of China.

Mr. Qin Huasun (China)

Allow me at the outset to convey to you, Sir, the heartfelt thanks of the Chinese delegation for your expression of grief at the loss of life in the recent floods in China and your sentiments of sympathy and solicitude for the Chinese people for the property and economic losses caused by the floods.

The melting of ice and snow at the source of the Yangtze River, as a result of global warming, led to a rise of the water level in the middle and lower reaches of the river to a height far exceeding that of previous years, causing severe flooding in 10 provinces of Southern China, most seriously in Hunan and Jiangxi. According to preliminary statistics, from May to 4 July 1995, the floods took the lives of 1,179 people, injured 26,115 and resulted in economic losses of $4.4 billion.

At present, the floodwater in Hunan is subsiding. The situation in that province may stop deteriorating if there are no more heavy rains. However, the water level in the lower reaches of the Yangtze River is still rising slowly, and the provinces and cities along the river are making every effort to fight against the floods.

The Chinese Government attaches great importance to this flood situation. It has led and organized the relevant departments of the central Government and governments at various levels in their efforts to mobilize human, material and financial resources to combat the floods. It has also encouraged the people in flood-stricken areas to make persistent efforts in their battle against the floods, to resume production as soon as possible, to rebuild their homeland and minimize the losses caused by the floods.

The international community has shown concern for the rather serious floods that have occurred in China in recent years, for which I should like to take this opportunity to express our heartfelt thanks.

The President

In a letter contained in document A/49/838/Add.4, the Secretary-General informs the President of the General Assembly that, since the issuance of his communications, dated 26 January (A/49/838), 28 February (A/49/838/Add.1), 24 May (A/49/838/Add.2) and 21 June 1995 (A/49/838/Add.3), Yemen has made the necessary payment to reduce its arrears below the amount specified in Article 19 of the Charter.

May I take it that the General Assembly duly takes note of this information?

The President

In accordance with resolution 980 (1995), adopted by the Security Council on 22 March 1995, the General Assembly will proceed to the election of a member of the International Court of Justice for the unexpired term of office of Judge Sir Robert Yewdall Jennings, whose resignation took effect on 10 July 1995.

In connection with this election, I should like to bring the following matters to the attention of the members of the General Assembly.

Firstly, in accordance with General Assembly resolution 264 (III) of 8 October 1948, a State which is a party to the Statute of the International Court of Justice but not a Member of the United Nations shall participate in the General Assembly in electing the members of the Court in the same manner as the States Members of the United Nations. On this occasion I am happy to welcome here the representatives of Nauru and Switzerland.

Secondly, I should like to confirm that at this time the Security Council, independently of the General Assembly, is also proceeding to elect one member of the Court. This procedure is in accordance with Article 8 of the Statute of the Court, which provides that

"The General Assembly and the Security Council shall proceed independently of one another to elect the members of the Court."

Accordingly, the results of the voting in the General Assembly will not be communicated to the Security Council until one candidate has obtained the required majority in the Assembly.

Thirdly, I should like to draw the attention of the Assembly to the documents relating to the election. The Assembly has before it document A/49/931, which contains a memorandum by the Secretary-General on the present composition of the Court and the procedure to be followed in the General Assembly and in the Security Council with regard to the election; document A/49/932, which contains the name of the candidate who has been nominated by national groups within the required time for submission, that is, by 21 June 1995; document A/49/940 and Add.1, providing information concerning nominations received from national groups after 21 June 1995; and document A/49/933, which contains the curriculum vitae of the candidate nominated by national groups.

In accordance with Article 10, paragraph 1, of the Statute of the Court, the candidate who obtains an absolute majority of votes both in the General Assembly and in the Security Council shall be considered as elected.

The consistent practice of the United Nations has been to interpret the words "absolute majority" as meaning a majority of all electors, whether or not they vote or are allowed to vote. The electors, for this purpose, are all the Member States -- 185 -- and two non-Member States, Nauru and Switzerland. Accordingly, 94 votes constitute an absolute majority for the purpose of electing a judge of the International Court of Justice.

The General Assembly will now proceed to a secret ballot. If in the first ballot, no candidate obtains an absolute majority, it will be necessary to proceed to other ballots until a candidate has obtained that majority. Pursuant to the decision taken by the General Assembly at its 915th meeting, on 16 November 1960, these ballots shall be unrestricted.

I should like to remind representatives that, pursuant to rule 88 of the Assembly's rules of procedure,

"After the President has announced the beginning of voting, no representative shall interrupt the voting except on a point of order in connection with the actual conduct of the voting".

May I take it that the Assembly agrees to the procedure I have just outlined?

The President

Ballot papers will now be distributed. The voting process has now begun.

Representatives are requested to use only the ballot papers that are now being distributed and to place a cross to the left of the name of the candidate for whom they wish to vote. Votes may be cast only for the candidate whose name appears on the ballot papers.