General Assembly Session 51 meeting 85

The President

It is my understanding that, after the necessary consultations, consideration of this item may be deferred to the fifty-second session of the General Assembly.

May I take it that it is the wish of the Assembly to defer consideration of the item and to include it in the provisional agenda of the fifty-second session?

The President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 51?

The President

Members will recall that on 20 September 1996, the Assembly decided to include this item in the agenda on the fifty-first session of the General Assembly.

It is my understanding that it would be desirable to defer consideration of this item to the fifty-second session of the General Assembly.

May I take it that it is the wish of the General Assembly to defer consideration of this item and to include it in the provisional agenda of the fifty-second session?

The President

This concludes our consideration of agenda item 52.

The President

Members may recall that on 20 September 1996, the Assembly decided to include this item in the agenda of the fifty-first session of the General Assembly.

It is my understanding that it would be desirable to defer consideration of this item to the fifty-second session of the General Assembly.

May I take it that it is the wish of the Assembly to defer consideration of this item and to include it in the provisional agenda of the fifty-second session?

The President

This concludes our consideration of agenda item 53.

The President

Members will recall that on 20 September 1996, the Assembly decided to include this item in the agenda of the fifty-first session.

It is my understanding that there is no request to consider this item at the present session.

May I take it that it is the wish of the General Assembly to defer consideration of this item to the fifty-second session and to include it in the provisional agenda of that session?

The President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 54?

The President

Members will recall that on 20 September 1996, the Assembly decided to include this item in the agenda of the present session.

It is my understanding that after the necessary consultations, consideration of this item may be deferred to the fifty-second session of the General Assembly.

May I take it that it is the wish of the General Assembly to defer consideration of this item and to include it in the provisional agenda of the fifty-second session?

The President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 57?

The President

In his note in document A/51/718, the Secretary-General informs the Assembly that, bearing in mind the current process of review of the economic and social sectors of the Organization under the aegis of the General Assembly, and pending the outcome of the nineteenth session of the Governing Council of the United Nations Environment Programme, to be held in January 1997, and of the special session of the General Assembly on the review of Agenda 21, in June 1997, he recommends to the General Assembly that the term of office of Ms. Elizabeth Dowdeswell as Executive Director of the United Nations Environment Programme be extended for a period of one year beginning 1 January 1997.

May I take it that the General Assembly agrees to extend the term of office of Ms. Elizabeth Dowdeswell as Executive Director of the United Nations Environment Programme for a period of one year beginning on 1 January 1997, as recommended by the Secretary-General?

The President

We have thus concluded our consideration of agenda item 17 (c).

The President

If there is no proposal under rule 66 of the rules of procedure, I shall take it that the Assembly decides not to discuss the reports of the Fifth Committee which are before the Assembly today.

The President

Statements will therefore be limited to explanations of vote or position.

The positions of delegations regarding the recommendations of the Fifth Committee have been made clear in the Committee and are reflected in the relevant official records. May I remind members that under paragraph 7 of decision 34/401 the Assembly agreed that

"When the same draft resolution is considered in a Main Committee and in plenary meeting, a delegation should, as far as possible, explain its vote only once, i.e., either in the Committee or in plenary meeting unless that delegation's vote in plenary meeting is different from its vote in the Committee".

May I remind delegations that, also in accordance with General Assembly decision 34/401, explanations of vote are limited to 10 minutes and should be made by delegations from their seats.

Before we begin to take action on the recommendations contained in the reports of the Fifth Committee, I should like to advise representatives that we are going to proceed to take decisions in the same manner as was done in the Committee.

The President

The Assembly will now take a decision on the draft decision recommended by the Fifth Committee in paragraph 4 of its report.

May I take it that the Assembly wishes to adopt the draft decision?

The President

May I take it that it is the wish of the General Assembly to conclude its consideration of those chapters of the report of the Economic and Social Council that were allocated to the Fifth Committee?

The President

The Assembly will now take a decision on the draft decision recommended by the Fifth Committee in paragraph 6 of its report.

The Committee adopted the draft decision, entitled "Financing of the United Nations Disengagement Observer Force", without a vote. May I take it that the Assembly wishes to do the same?

The President

We have thus concluded this stage of our consideration of agenda item 123 (a).

The President

The Assembly will now take a decision on the draft decision recommended by the Fifth Committee in paragraph 6 of its report.

The Committee adopted the draft decision, entitled "Financing of the United Nations Interim Force in Lebanon", without a vote. May I take it that the Assembly wishes to do the same?

The President

We have thus concluded this stage of our consideration of agenda item 123 (b).

The President

The Assembly will now take a decision on the draft decision recommended by the Fifth Committee in paragraph 6 of its report.

The Fifth Committee adopted the draft decision, entitled "Financing of the United Nations Iraq-Kuwait Observation Mission", without a vote. May I take it that the Assembly wishes to do the same?

The President

We have thus concluded this stage of our consideration of agenda item 125 (a).

The President

The Assembly will now take a decision on the draft resolution recommended by the Fifth Committee in paragraph 6 of its report.

The Committee adopted the draft resolution without a vote. May I take it that the Assembly wishes to do the same?

The President

We have thus concluded this stage of our consideration of agenda item 153.

The President

The Assembly will now take a decision on the draft resolution recommended by the Committee in paragraph 6 of its report.

The Fifth Committee adopted the draft resolution without a vote. May I consider that the Assembly wishes to do the same?

The President

We have thus concluded this stage of our consideration of agenda item 154.

The President

The Assembly will now take a decision on the draft resolution recommended by the Fifth Committee in paragraph 6 of its report.

The Fifth Committee adopted the draft resolution without a vote. May I take it that the Assembly wishes to do the same?

The President

We have thus concluded this stage of our consideration of agenda item 155.

The President

The General Assembly will now consider the reports of the Sixth Committee on agenda items 142 to 152. I request the Rapporteur of the Sixth Committee to introduce the reports of the Sixth Committee in one intervention.

Ms. Boum (Cameroon)

I have the honour to introduce to the General Assembly the reports of the Sixth Committee on the work accomplished under the agenda items allocated to it at this session: items 142 to 152. The reports are contained in documents A/51/622 to A/51/632. I shall also refer to work accomplished by the Sixth Committee on items 120 and 114 of the agenda. I am pleased to inform the General Assembly that the draft decisions without a vote -- an important achievement, as I am sure the Assembly will agree.

At this stage I should like to turn to consideration of the various reports of the Sixth Committee, beginning with the report on agenda item 142, "Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts", which is contained in document A/51/622. The draft resolution that the Sixth Committee recommends to the General Assembly for adoption is contained in paragraph 8 of that report.

In the operative section of the draft resolution, the General Assembly, inter alia, would express its satisfaction with the virtually universal acceptance of the Geneva Conventions of 1949 and the increasingly wide acceptance of the two additional Protocols of 1977, and would appeal to all States parties to these Conventions that have not yet become parties to the additional Protocols to do so. The Assembly would call upon those States that are already parties to Protocol I, or those that, though they are not yet parties to it, will become parties, to make the declaration provided for under article 90 of that Protocol. Lastly, the Assembly would call on the Secretary-General to submit a report to the General Assembly at its fifty-third session on the status of the additional Protocols, based on information received from Member States.

The Sixth Committee adopted this draft resolution without a vote, and I hope that the Assembly will be able to do likewise.

I turn now to the report of the Sixth Committee on agenda item 143, entitled "Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives", contained in document A/51/623. The draft resolution that is being recommended to the General Assembly for adoption is contained in paragraph 8. In this draft resolution the General Assembly, inter alia, would state that it is dismayed by the recent acts of violence against diplomatic and consular representatives, as well as against representatives of international intergovernmental organizations and officials of such organizations, and that it is concerned at the failure to respect the inviolability of diplomatic and consular missions and representatives.

In the operative part, the Assembly, inter alia, would urge States to strictly observe, implement and enforce the principles and rules of international law governing diplomatic and consular relations and, in particular, to take all necessary measures at the national and international levels to prevent any acts of violence against such missions, representatives and officials. The Secretary-General would request the Assembly to issue an annual report on this question.

The Sixth Committee adopted this draft resolution without a vote, and I hope that this Assembly will be able to do likewise.

Document A/51/624 contains the report of the Sixth Committee on agenda item 144, entitled "Convention on the law of the non-navigational uses of international watercourses". The draft resolution recommended is in paragraph 12 of this document. In the operative part, the Assembly would decide to convene the Working Group of the Whole of the Sixth Committee for another period of two weeks, from 24 March to 4 April 1997, to elaborate a framework convention on the law of the non-navigational uses of international watercourses. The Assembly would also decide in this draft resolution that on the completion of its mandate the Working Group of the Whole shall report directly to the General Assembly and that the provisions of paragraph 5 of resolution 49/52 shall continue to apply. As well, paragraph 4 of the draft resolution states that the methods of work and procedures outlined in the annex shall be followed by the Working Group.

The Sixth Committee adopted this draft resolution without a vote, and it is my hope that the Assembly will be able to do the same.

The report of the Sixth Committee under agenda item 145, entitled "United Nations Decade of International Law", has been published as document A/51/625. The Sixth Committee recommends three draft resolutions to the Assembly. They are contained in paragraph 15 of the report.

In the operative part of draft resolution I, the General Assembly, inter alia, would adopt the programme of activities for the final term (1997-1999) of the Decade contained in the annex to the draft resolution and would also express its appreciation to States and international organizations and institutions that have undertaken activities in implementation of the programme for the third term (1995-1996) of the Decade. It would also welcome the establishment of the International Tribunal for the Law of the Sea as a new means of settlement of disputes and would encourage the Office of Legal Affairs of the Secretariat to continue in its efforts to bring up to date the publication of the United Nations Juridical Yearbook. The Assembly would also invite all States and international organizations and institutions referred to in the programme to undertake the relevant activities outlined therein and to provide information in this respect to the Secretary-General for transmission to the General Assembly at its fifty-fourth session. The Secretary-General would be requested to submit, on the basis of such information and of new information on the activities of the United Nations relevant to the progressive development of international law and its codification, a final report on the implementation of the programme.

By the operative part of draft resolution II, entitled "Electronic treaties database", the General Assembly, inter alia, would request the Secretary-General to continue to give priority to the implementation of the computerization programme in the Treaty Section. It would endorse the proposed Internet dissemination of the United Nations Treaty Series in addition to the current access to the Multilateral Treaties Deposited with the Secretary-General. It would also endorse the Secretary-General's exploring the economic and practical feasibility of recovering the costs of providing such Internet access to the United Nations Treaty Series, subject to Member States, organizations of the United Nations system, international organizations and other non-commercial users not being charged a user fee, and presenting his findings to Member States.

Draft resolution III is entitled "1999 action dedicated to the centennial of the first International Peace Conference and to the closing of the United Nations Decade of International Law". In the operative part, the General Assembly, inter alia, would consider it desirable to draft a programme of action dedicated to the centennial of the first International Peace Conference and to the closing of the United Nations Decade of International Law. It would also invite the Governments of the Russian Federation and the Netherlands to arrange, as a matter of urgency, a preliminary discussion with other interested Member States on the substantive content of 1999 action and to seek, in this respect, the cooperation of the International Court of Justice, the Permanent Court of Arbitration, relevant intergovernmental organizations, as well as other relevant organizations. Finally, it would call upon the competent United Nations organs, programmes and specialized agencies to study the possibilities of providing assistance to that end.

The Sixth Committee adopted this three draft resolution without a vote and I hope that the Assembly will do likewise.

I turn now to the report of the Sixth Committee (A/51/626) on agenda item 146, entitled "Report of the International Law Commission on the work of its forty-eighth session". The draft resolution that the Sixth Committee is recommending to the General Assembly for adoption is contained in paragraph 8 of the report.

In the operative part of this draft resolution the Assembly, inter alia, would express its appreciation to the International Law Commission for the work accomplished at the forty-eighth session, in particular for completing the final draft articles on the draft Code of Crimes against the Peace and Security of Mankind and the provisional draft articles on State responsibility, and would draw the attention of the States participating in the Preparatory Committee for the Establishment of an International Criminal Court to the relevance of the draft Code to their work. The Assembly would also request the Secretary-General to invite Governments to present, before the end of the fifty-third session of the General Assembly, their written comments and observations on action which might be taken in relation to the draft Code of Crimes against the Peace and Security of Mankind. In addition, it would urge Governments to present in writing their comments and observations by 1 January 1998 at the latest on the draft articles on State responsibility recommended by the International Law Commission. As well, the Assembly would encourage Governments that may wish to do so to provide their comments and observations in writing on the report of the Working Group on International Liability for Injurious Consequences Arising out of Acts not Prohibited by International Law in order that the International Law Commission may, in the light of the report of the Working Group and such comments and observations as may be made by Governments, consider how to proceed with its work on the topic. Furthermore, the Assembly would invite States and international organizations to answer promptly the questionnaire concerning reservations to treaties, and Governments would also be invited to submit comments on the practical problems raised by succession of States affecting nationality of legal persons. Finally, the General Assembly would encourage the International Law Commission, in relation to its internal matters, to take decisions which could contribute to its efficiency and productivity.

I would like to draw attention to paragraph 16 of the draft resolution, by which the General Assembly would appeal to States that can do so to make the voluntary contributions that are urgently needed for the holding of the seminars to be organized in conjunction with the sessions of the International Law Commission.

The Sixth Committee adopted this draft resolution without a vote, and it is my hope that this Assembly will be able to do the same.

I turn now to agenda item 147, entitled "Establishment of an international criminal court". The report of the Sixth Committee is in document A/51/627. The draft resolution which the Sixth Committee is recommending for adoption by the General Assembly is contained in paragraph 10 of this document.

In the draft resolution the Assembly, inter alia, would take note of the report of the Preparatory Committee on the Establishment of an International Criminal Court, and would thank the Preparatory Committee for the useful work done and the progress made in fulfilling its mandate. It also would decide to reaffirm the mandate of the Preparatory Committee and would direct it to proceed in accordance with paragraph 368 of its report. The Assembly would also decide by this draft resolution that the Preparatory Committee would meet from 11 to 21 February, from 4 to 15 August and from 1 to 12 December 1997, and from 16 March to 3 April 1998, in order to complete the drafting of a widely acceptable consolidated text of a convention, to be submitted to the diplomatic conference, and would request the Secretary-General to provide the Preparatory Committee with the necessary facilities for the performance of its work.

The Assembly would further decide that a diplomatic conference of plenipotentiaries would be held in 1998, with a view to finalizing and adopting a convention on the establishment of an international criminal court. The Assembly would urge participation in the Preparatory Committee by the largest number of States so as to promote universal support for an international criminal court.

I would like to draw attention to paragraph 7 of the draft resolution, which would request the Secretary-General to establish a special fund for the participation of the least developed countries in the work of the Preparatory Committee and in the diplomatic conference of plenipotentiaries, and would call upon States to contribute voluntarily to that special fund.

The Sixth Committee adopted this draft resolution without a vote. I hope that the Assembly will be able to do the same.

I turn now to the report of the Sixth Committee (A/51/628) on agenda item 148, entitled "Report of the United Nations Commission on International Trade Law on the work of its twenty-ninth session". The two draft resolutions that the Sixth Committee is recommending for adoption by the General Assembly are contained in paragraph 10 of the report.

In the operative part of draft resolution I the General Assembly, inter alia, would note with appreciation the report of the United Nations Commission on International Trade Law on the work of its twenty-ninth session. It would note with satisfaction the completion and adoption by the Commission of the Model Law on Electronic Commerce and commend the Commission for the finalization of the Notes on Organizing Arbitral Proceedings. It would express its appreciation for the progress made in its work on the subjects of receivables financing and cross-border insolvency. It would welcome the decision by which the Commission requested the Secretariat to begin to prepare a legislative guide on build-operate-transfer projects.

The General Assembly would reaffirm the importance, in particular for developing countries, of the work of the Commission concerned with training and technical assistance in the field of international trade law. It would express the desirability of increased efforts by the Commission in sponsoring seminars and symposia to provide such training and technical assistance. It would also appeal to Governments, the relevant United Nations organs, organizations and institutions and individuals, to make voluntary contributions to the Trust Fund for travel assistance to developing countries that are members of the Commission. It would decide to include the Trust Fund for Symposia and the Trust Fund for travel assistance in the list of funds and programmes that are dealt with at the United Nations Pledging Conference for Development Activities. The Assembly would also decide to continue its consideration in the competent Main Committee during the fifty-first session of the General Assembly of granting travel assistance to the least developed countries that are members of the Commission.

Lastly, the General Assembly would stress the importance of bringing into effect the conventions emanating from the work of the Commission for the global unification and harmonization of international trade law, and to this end urge States that have not yet done so to consider signing, ratifying or acceding to these conventions.

In the operative part of draft resolution II, entitled "Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law", the General Assembly, after having thanked the Commission for completing and adopting the Model Law on Electronic Commerce, would recommend that all States give favourable consideration to the Model Law when they enact or revise their laws, and that all efforts be made to insure that the Model Law, together with the Guide, become generally known and available.

The Sixth Committee adopted these two draft resolutions under agenda item 148 without a vote. I hope that the Assembly will be able to do the same.

I turn now to the report of the Sixth Committee contained in document A/51/629, on agenda item 149, entitled "Report of the Committee on Relations with the Host Country". The draft resolution that is being recommended by the Sixth Committee to the General Assembly for adoption is contained in paragraph 8 of the report.

In the operative part of the draft resolution the General Assembly, inter alia, would endorse the recommendations and conclusions of the Committee on Relations with the Host Country. It would request the host country to continue to take all measures necessary to prevent any interference with the functioning of missions. It would express the hope that the concerns raised at the meetings of the Committee will continue to be resolved in a spirit of cooperation and in accordance with international law. It would note with appreciation the efforts of the Committee which have contributed to a decrease in the amount of diplomatic indebtedness, stress that existing indebtedness continues to be a matter of significant concern to the United Nations and would welcome the efforts of the Committee aimed at identifying affordable health care programmes for the diplomatic community.

Moreover, the Assembly would note with satisfaction the steps taken by the host country at John F. Kennedy International Airport with regard to special passages for members of the United Nations community and would urge the host country to continue to take appropriate action in this regard to ensure application of those procedures.

The Sixth Committee adopted the draft resolution without a vote. I hope that the Assembly will do likewise.

I turn now to document A/51/630: the report of the Sixth Committee on agenda item 150, entitled "Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization". The two draft resolutions which the Sixth Committee is recommending for adoption by the General Assembly are contained in paragraph 14 of the report.

In the operative section of draft resolution I, entitled "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, inter alia, would underline the importance of consultations under Article 50 of the Charter of the United Nations, as early as possible, with third States which are or may be confronted with special economic problems arising form the carrying out of sanctions, and it would invite the Security Council to consider the establishment of further mechanisms or procedures for such consultations.

The Assembly would also ask the Secretary-General to ensure that the competent units within the Secretariat develop the capacity and modalities for providing better information and early assessments for the Security Council about actual or potential effects of sanctions on third States which invoke Article 50 of the Charter and would request the Secretary-General to continue to develop a methodology for assessing the adverse consequences on third States as a result of sanctions.

The Assembly would invite the organizations of the United Nations system, international financial institutions, other international organizations, regional organizations and Member States to continue to address more specifically and directly special economic problems of third States that are affected by sanctions imposed under Chapter VII of the Charter. The Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organizations would be requested to continue to consider this question on a priority basis, and the Secretary-General would be requested to submit a report on the implementation of this draft resolution to the General Assembly at its fifty-second session.

The second draft resolution proposed under agenda item 150 of the agenda is entitled "Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization". In its operative part, the General Assembly, inter alia, decides that the Special Committee will hold its next session from 27 January to 7 February 1997. It asks it to consider all proposals concerning the question of the maintenance of international peace and security in all its aspects in order to strengthen the role of the United Nations; to continue to consider on a priority basis 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; to continue its work on the question of the peaceful settlement of disputes between States; and to continue to consider proposals concerning the Trusteeship Council.

The Secretary-General is also requested to expedite the preparation and publication of the Supplements to the Repertoire of the Practice of the Security Council and the Repertory of Practice of United Nations Organs and to submit a progress report on the matter to the General Assembly before its fifty-second session. The Special Committee is also invited, at its 1997 session, to continue to identify new subjects for consideration in its future work with a view to contributing to the revitalization of the work of the United Nations; to discuss how to offer its assistance to the working groups of the General Assembly in this field; and, in this spirit, to consider ways and means of improving coordination between the Special Committee and other working groups dealing with the reform of the Organization, including the role of the Chairperson of the Special Committee for this purpose.

The Sixth Committee adopted the two draft resolutions under this agenda item without a vote, and I hope that the Assembly will do the same.

Agenda item 151, entitled "Measures to eliminate international terrorism", is reflected in the report of the Sixth Committee contained in document A/51/631; the draft resolution that is recommended for adoption by the General Assembly is in paragraph 11 of the report.

In part I of the draft resolution, the General Assembly strongly condemns all acts, methods and practices of terrorism and reiterates that criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes are in any circumstance unjustifiable, and calls upon all States to adopt further measures to prevent terrorism and to strengthen international cooperation in combating terrorism.

The General Assembly also asks all States, with the aim of enhancing the efficient implementation of relevant legal instruments, to intensify, as appropriate, the exchange of information on facts related to terrorism and, in so doing, to avoid the dissemination of inaccurate or unverified information. It reiterates its call upon States to refrain from financing, encouraging, training for or otherwise supporting terrorist activities. The Assembly urges all States that have not yet done so to consider, as a matter of priority, becoming parties to existing Conventions on international terrorism.

In part II of the draft resolution, the General Assembly reaffirms the Declaration on Measures to Eliminate International Terrorism, annexed to resolution 49/60, and approves the Declaration to Supplement the 1994 Declaration, the text of which is annexed to the draft resolution.

In part III, the Assembly decides to establish an ad hoc committee to elaborate an international convention for the suppression of terrorist bombings and an international convention for the suppression of acts of nuclear terrorism, to supplement related existing international instruments. The ad hoc committee would also address means of further developing a comprehensive legal framework of conventions dealing with international terrorism.

In part III, the Assembly also decides that the ad hoc committee will meet from 24 February to 7 March 1997 to prepare the text of a draft international convention for the suppression of terrorist bombings, and recommends that work continue during the fifty-second session of the General Assembly from 22 September to 3 October 1997 in the framework of a working group of the Sixth Committee. It recommends also that the ad hoc committee be convened again in 1998 to continue its work.

The Sixth Committee adopted the draft resolution without a vote; I hope that the General Assembly will do the same.

Lastly, I draw the Assembly's attention to the report of the Sixth Committee contained in document A/51/632, under agenda item 152, entitled "Progressive development of the principles and norms of international law relating to the new international economic order". The draft decision being recommended to the General Assembly for adoption is contained in paragraph 6 of this report. In the draft decision, the General Assembly would decide to resume consideration of the legal aspects of international economic relations at its fifty-fifth session and to include in the provisional agenda of that session the item entitled "Progressive development of the principles and norms of international law relating to the new international economic order". The Sixth Committee adopted the draft decision without a vote, and I hope the Assembly will do the same.

Before concluding, I should like also to draw members' attention to two additional questions. First, agenda item 120, entitled "Human resources management", which was allocated by the General Assembly to the Fifth Committee on the understanding that the Sixth Committee would examine the legal implications of the proposals of the Secretary-General contained in his reports on the reform of the internal system of justice in the Secretariat. Following the request of the Assembly, the Sixth Committee considered that question at the beginning of its session, at its seventh and ninth meetings on 30 September and 1 October 1996. The Chairman of the Sixth Committee later addressed to the President of the General Assembly a letter dated 12 November 1996, to which was annexed a communication of the Sixth Committee concerning the legal implications of the reform of the internal system of justice in the Secretariat. The text of that letter and communication are contained in document A/C.6/51/7.

I should like also to draw the Assembly's attention to agenda item 114, on programme planning. In a letter dated 26 September 1996 addressed to the President of the Sixth Committee, the Chairman of the Fifth Committee requested the views of the Sixth Committee on programme 4 (Legal affairs) of the proposed medium-term plan for the period 1998-2001. Having drawn the attention of the Sixth Committee and its various regional groups to this question, the Chairman of the Sixth Committee, in a letter dated 12 November 1996 addressed to the President of the General Assembly, conveyed to the Fifth Committee the views communicated to him. That letter and the view I have just referred to are contained in document A/C.6/51/8/Add.1.

This concludes my introduction of the reports on the agenda items of the Sixth Committee. I should like sincerely to thank the Sixth Committee for the honour that it has done to my country, Cameroon, to the African Group, which endorsed my candidature, and to me by electing me as Rapporteur of the Sixth Committee.

I should like also to thank you, Mr. President, and the other members of the Bureau for the fifty-first session for the assistance given to the Sixth Committee throughout the session. My thanks also go to the Chairman of the Sixth Committee, Mr. Ramón Escovar-Salom, and to the Vice-Chairmen, Ms. Felicity Jane Wong and Mr. Dumitru Mazilu. My thanks also go to the Chairmen of the Working Groups and to the coordinators of the informal consultations on the various drafts, whose tireless efforts facilitated our work. I wish also to thank Mr. Roy Lee, the Secretary of the Sixth Committee, and the entire Secretariat team for their contribution to the preparation of these reports.

Lastly, I wish to express my appreciation to all my friends for their continuing advice and encouragement.

The President

If there is no proposal under rule 66 of the rules of procedure, I shall take it that the General Assembly decides not to discuss the reports of the Sixth Committee that are before the Assembly today.

The President

Statements will therefore be limited to explanations of vote.

The positions of delegations regarding the recommendations of the Sixth Committee have been made clear in the Committee and are reflected in the relevant official records.

May I remind members that under paragraph 7 of decision 34/401, the General Assembly agreed that

"When the same draft resolution is considered in a Main Committee and in plenary meeting, a delegation should, as far as possible, explain its vote only once, that is, either in the Committee or in plenary meeting, unless that delegation's vote in plenary meeting is different from its vote in the Committee."

May I remind delegations that explanations of vote are limited to 10 minutes and should be made by delegations from their seats.

Before we begin to take action on the recommendations contained in the reports of the Sixth Committee, I should like to advise representatives that we are going to proceed to take decisions in the same manner as was done in the Sixth Committee, except in those cases where delegations have already notified the Secretariat otherwise.

I should also hope that we may proceed to adopt without a vote those recommendations that were adopted without a vote in the Sixth Committee.

The President

The Assembly will now take a decision on the draft resolution recommended by the Sixth Committee contained in paragraph 8 of its report.

The Sixth Committee adopted that draft resolution without a vote.

May I consider that the Assembly wishes to do likewise?

The President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 142?

The President

The Assembly will now take a decision on the draft resolution recommended by the Sixth Committee in paragraph 8 of its report.

The Sixth Committee adopted that draft resolution without a vote.

May I consider that the Assembly wishes to do the same?

The President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 143?

The President

The Assembly will now take a decision on the three draft resolutions recommended by the Sixth Committee in paragraph 15 of its report.

The Sixth Committee adopted draft resolution I, entitled "United Nations Decade of International Law", without a vote.

May I take it that the Assembly wishes to do the same?

The President

The Sixth Committee adopted draft resolution II, entitled "Electronic treaties database", without a vote.

May I take it that the Assembly wishes to do likewise?

The President

The Sixth Committee adopted draft resolution III, entitled "1999 action dedicated to the centennial of the first International Peace Conference and to the closing of the United Nations Decade of International Law", without a vote.

May I take it that the Assembly wishes to do the same?

The President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 145?

The Acting President

The Assembly will now take a decision on the draft resolution recommended by the Sixth Committee in paragraph 8 of its report.

The Sixth Committee adopted the draft resolution without a vote.

May I consider that the Assembly wishes to do the same?

The Acting President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 146?

The Acting President

The Assembly will now take a decision on the two draft resolutions recommended by the Sixth Committee in paragraph 10 of its report.

The Sixth Committee adopted draft resolution I, entitled "Report of the United Nations Commission on International Trade Law on the work of its twenty-ninth session", without a vote.

May I take it that the Assembly wishes to do likewise?

The Acting President

Draft resolution II is entitled "Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law".

The Sixth Committee adopted draft resolution II without a vote.

May I take it that the Assembly wishes to do the same?

The Acting President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 148?

The Acting President

The Assembly will now take a decision on the draft resolution recommended by the Sixth Committee in paragraph 8 of its report.

The Sixth Committee adopted the draft resolution without a vote.

May I consider that the Assembly wishes to do the same?

The Acting President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 149?

The Acting President

The Assembly will now take a decision on the draft decision recommended by the Sixth Committee in paragraph 6 of its report.

The Sixth Committee adopted the draft decision without a vote. May I consider that the Assembly wishes to do the same?

The Acting President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 152?

Mr. Hoey (Ireland)

I have the honour to speak on behalf of the European Union. The following associated countries align themselves with this statement: Bulgaria, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia. Iceland and Norway have also aligned themselves with this statement.

In the two years since this item was last considered by the General Assembly, the situation in Bosnia and Herzegovina has changed immeasurably. The war is over, elections have been held, common institutions are being established and, with the return of peace, the process of reconstruction and reconciliation can begin. The first year of the implementation of the Peace Agreement for Bosnia and Herzegovina is coming to an end, and we are now embarked on the consolidation phase of the peace process in the former Yugoslavia.

Last month in Paris and two weeks ago at the London Peace Implementation Conference, decisions were taken building on the achievements of the past two months, aimed at consolidating peace, encouraging reconciliation and economic, political and social regeneration in order to restore Bosnia and Herzegovina to economic health and prosperity and to enable it to take its rightful place in the region and in Europe. These important objectives will require the full commitment of the leaders of Bosnia and Herzegovina and, for the immediate future, the support of the international community. The latter can only be forthcoming as long as the authorities at all levels in Bosnia and Herzegovina pledge themselves willing to take all necessary steps to work towards the functioning of a multi-ethnic State with institutions that enjoy the support and confidence of all its citizens.

As we look towards a brighter and more hopeful future for Bosnia and Herzegovina, the European Union would wish to pay tribute to all the men and women from the international community who have made such a major contribution in helping to bring us to this new horizon. We acknowledge the dedicated work of the High Representative and his team, the International Implementation Force (IFOR) and the United Nations International Police Task Force. The holding of elections on 14 September and the fact that they were held in a largely peaceful and dignified manner represent major steps in the peace process. We wish to acknowledge the crucial role which the Organization for Security and Cooperation in Europe (OSCE) played in supervising the election process. We also welcome the agreement of the parties that the activities of the OSCE mission's electoral mandate should be extended in order to supervise the preparation and conduct of municipal elections scheduled for next year.

The European Union also welcomes the adoption by the Security Council last week, on 12 December, of resolution 1088 (1996), authorizing the establishment of a multinational Stabilization Force as the legal successor to IFOR.

The European Union wishes to remember the many civilians who died as innocent victims of brutal and terrible violence, and the injured, too many of whom will suffer in great pain for the rest of their lives. We also remember the service personnel who died while serving as members of the United Nations peacekeeping operations. The best service that we can render to the victims of the war is to tackle its causes in such a way that the horror of violence can never return. That must now be the objective of the new Government of Bosnia and Herzegovina, with the support of the international community.

The European Union and many of the States which have aligned themselves with this statement are playing a full and active role in both the military and the civilian implementation of the Peace Agreement in Bosnia and Herzegovina. We reaffirm our willingness to contribute, through all the means at our disposal, to the consolidation of peace and self-sustaining stability in the region. This has been clearly set out in the Declaration adopted by the Heads of State and Government of the European Union at the European Council in Dublin on 14 December.

The European Union can make a particular contribution to the process of stabilization and economic renewal through the development of relations with all the countries of the region within a framework that promotes democracy, the rule of law, higher standards of human and minority rights, transformation towards market economies and greater cooperation between those countries.

However, it is a fundamental principle of our approach that the Peace Agreement signed at Paris in December last year remains valid and operational. This applies equally to the Basic Agreement on the Region of Eastern Slavonia, Baranja and Western Sirmium and the Washington Agreements on the Bosnian Federation. It is equally important that the parties in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia, are fully aware that their performances will have a direct bearing on the international community's relations with them.

The European Union calls on all the parties to work together to ensure the full implementation of the Constitution of Bosnia and Herzegovina and, in particular, that government structures at all levels become fully functioning so that responsibility for their operation can be transferred by the international agencies which have been dealing with them until now. The establishment of a market economy based on respect for free-market and open-trading principles in Bosnia and Herzegovina will enable the country to reduce its dependence on international aid and help to stimulate the economic environment.

We welcome the progress that has been made in establishing freedom of movement between the entities since the signing of the Peace Agreement. There is, however, considerable room for improvement. Incidents of intimidation and harassment continue to add to the sense of insecurity and mistrust felt by many people. Unless urgent steps are taken to reduce the episodes of confrontation between ethnic groups -- which are often violent and in some cases lead to the deaths of innocent people -- the necessary progress in facilitating the voluntary and safe return of refugees will not be achieved. In turn, this can only help to inflame the sense of alienation felt by many refugees and displaced persons, thereby reinforcing the ethnic divide which four years of war have deepened.

The voluntary repatriation and reintegration of refugees and displaced persons in conditions of safety and dignity remain a fundamental provision of the Peace Agreement. In this regard, we call on all the parties to cooperate fully with the Office of the United Nations High Commissioner for Refugees. In addition to the severe shortage of housing space and the consequent housing-reconstruction effort that is required, a number of political obstacles, in particular property-rights violations, continue to exist. Unless immediate steps are taken by the parties concerned -- for example, through the removal of administrative and legal barriers -- one of the most important provisions of the Peace Agreement will remain unfulfilled, with grave political and economic consequences for the future of Bosnia and Herzegovina. The European Union has stressed repeatedly that, without a significant increase in the number of people returning to their homes of origin, the unacceptable movement towards the institutionalization of ethnic separation may become permanent.

The European Union considers that full respect for human and minority rights is a key priority for the next two years and it calls for cooperation by all parties with human-rights monitoring agencies. Without this, the basic human rights and fundamental freedoms of the peoples of Bosnia and Herzegovina, including the rights of persons belonging to minorities, will be denied, with long-term damage to the goal of a multi-ethnic State.

The European Union reiterates its strong support for the work of the International Tribunal for the Former Yugoslavia. It reaffirms the importance it attaches to a markedly improved cooperation by all parties with the Tribunal in its effort to bring war criminals to justice. The parties must abide by the commitments which they have made to pursue those responsible for crimes and hand over indicted suspects.

While welcoming the positive steps which have been taken in 1996 towards the normalization of relations between the former Yugoslav republics -- including, most recently, in the case of Bosnia and Herzegovina and the Federal Republic of Yugoslavia -- the European Union continues to attach considerable importance to the resolution of outstanding problems relating to the assets of the former Socialist Federal Republic of Yugoslavia. In this regard, the European Union supports fully the continuation of the activities of the working group on succession issues and expects all five successor States to cooperate fully in efforts to resolve these issues.

The European Union looks forward to the next two years as a period of consolidation of peace, democracy and civil society in Bosnia and Herzegovina. It has already confirmed its willingness to contribute to this objective and to the economic renewal of the region through the development of contractual relations with the countries of the former Yugoslavia, keeping in mind the fundamental principles which govern such relations.

Mr. Chowdhury (Bangladesh)

My delegation is pleased to have the opportunity to participate in the debate on the item entitled "The situation in Bosnia and Herzegovina". This debate allows this Assembly to assess the progress achieved to date in the implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina. It also sends a fitting message about the continued interest of the international community in encouraging constructive changes in Bosnia and Herzegovina.

While the Dayton Peace Agreement has laid a constructive basis for the cessation of armed hostilities and the creation of a favourable climate for the formation of a stable and durable structure of state in Bosnia and Herzegovina, a great deal needs to be done to translate the pious desire of the international community into a working reality. It is heartening to note that, in accordance with the provisions of the Peace Agreement, elections for national offices were held last September. This was certainly a welcome move in the right direction. It is true that the circumstances preceding the elections were not always at the desirable level. Nonetheless, the resolve of the Bosnian people to defeat the forces of disruption prevailed and the elections eventually produced an acceptable outcome.

We salute the determination, sincerity and hard work of the people of Bosnia and Herzegovina towards that objective. The strong support of the international community also played a critical role in making this event of great importance a success. We are encouraged by the commendable efforts being made by the Bosnian Government to find common ground on which all the parties can work together towards building common institutions and common future through full implementation of the elements of the Peace Agreement.

Nonetheless, the situation in Bosnia and Herzegovina remains far from desirable. Despite repeated efforts, the differences in perception of the nature, composition and scope of the national institutions have not been bridged as yet. Strong ethnic loyalties define the outlook of each community, impinging on the durability of the state structure. Circumstances are deliberately created to discourage refugees and displaced persons from returning to their homes and towns. Recent reports of the destruction of houses in some Serb-held territories definitely reflect a negative development. One is told that these are the result of an orchestrated move to scare the refugees and displaced persons out of their houses. It must not be forgotten that no political solution can survive in Bosnia and Herzegovina if people are not allowed to return to their communities and exercise their right to determine the future of Bosnia and Herzegovina. Trust can be restored only through contact and productive interactions among the people of the Federation.

Speedy completion of the trials of war criminals is yet another acid test for restoring normalcy in Bosnia and Herzegovina. We are indeed disappointed at the slow pace of trial of the criminals who have already been indicted. What is more disturbing is the fact that some of the well-known criminals are getting political cover and sustenance from certain parties involved in the Bosnian conflict.

The recent annual report of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 clearly demonstrates how the work of the Tribunal is being delayed by the non-cooperation of some of the parties. We demand that all parties honour their commitment in this regard. One must remember that the success of the Tribunal in completing its work is not only a legal priority; it will, in large measure, define the attitude of the international community towards handling violations of human rights and humanitarian laws in the future.

The success of this process also holds the key to the future course of events in Bosnia and Herzegovina and elsewhere in the world. It is therefore incumbent on all of us to extend full support, including financial and moral support, to the Tribunal in the completion of its mandated work. As for Bangladesh, we are ready not only to offer our legal services for trying the war criminals, but also to extend legal services to the Bosnian Government on matters of State succession.

Despite the fact that armed hostilities on the ground have relented, progress in other military related matters, particularly in the reduction of armaments in the region, has remained limited. We believe that scrupulous compliance with all the provisions of the Subregional Arms Control Agreement could serve as an effective confidence-building measure among all the parties involved in the conflict. Support from the regional organizations and the international community in terms of verification and enforcement of the terms of the Agreement would be of immense value. In this connection, we welcome the conclusions of the Peace Implementation Conference held in London recently, at which all the concerned parties reaffirmed their commitment towards a detailed action plan to implement the Peace Agreement. We hope that this action plan will suitably support the implementation of the principles of the Civilian Consolidation Plan as agreed in Paris last month.

Bangladesh has remained steadfast in its support of the just struggle of the people of Bosnia and Herzegovina in the face of the most vicious aggression against their people, territory and, above all, dignity. We have provided whatever military support we could offer within the framework of the United Nations Implementation Force (IFOR). We remain ready to contribute military support to the Bosnian Government within the bilateral framework and to the international efforts for implementing the terms of the Dayton Peace Accord. We believe that the presence of the international Force will significantly contribute to stabilizing the situation and, in this context, we welcome the recent decision to establish the multinational Stabilization Force, with similar rules of engagement as IFOR, as a positive effort in the right direction.

Bangladesh has repeatedly declared its policy of remaining unflinchingly committed to every move to bolster the capacity of the Government of Bosnia and Herzegovina to build a unified State structure and to deliver on the promises for constructing a multiracial and democratic policy. While we reiterate our commitment to contributing, in our humble way, to the reconstruction of Bosnia and Herzegovina, we would urge others to intensify the collective measures to support the efforts of the Bosnian Government in the reconstruction and rehabilitation process.

We believe that, by forcefully pronouncing itself on the subject, the Assembly could constructively supplement the efforts of the Bosnian people to maintain the territorial integrity, legal continuity and sovereignty of Bosnia and Herzegovina. The adoption of a forward-looking resolution in this regard would be a constructive step in this direction. Bangladesh is pleased to join others in sponsoring the draft resolution on this issue. It is our hope that the draft resolution will be adopted with the widest possible support of the Assembly.

Mr. Mohammad (Brunei)

Three months ago, our Foreign Minister, in addressing the General Assembly, reminded us that the tragedy of Bosnia is a warning. In assessing recent developments with cautious optimism, especially in the implementation of the Dayton Peace Agreement through the recent general elections, we in Brunei Darussalam will continue to give our strong support to the new Government in Bosnia.

At the same time, we feel that the Assembly should recognize the extent to which the events of the last five years reveal our shortcomings. In this light, I suggest that we apprise ourselves of the prevailing situation and consider measures which would contribute to the reduction or elimination of any such shortcomings. Unless we do this, the favourable prospects we currently see may be endangered.

At the same time, though much has been achieved in improving the overall situation in Bosnia and Herzegovina since the signing of the Dayton Peace Agreement last year, our delegation feels that more needs to be done, especially in alleviating human suffering.

Though the Peace Agreement brought about the long-awaited end to ethnic war, enabled open hostilities to cease among ethnic groups in Bosnia and Herzegovina and prevented war from spreading to other Balkan areas, Brunei Darussalam recognizes the urgent need for the Agreement to be fully implemented.

Despite the recent holding of general elections in Bosnia and Herzegovina, full implementation has not occurred. In fact, it sometimes appears that there has been considerably less progress than predicted in terms of reducing tension between Bosnia's three main ethnic communities. This is an issue which could be resolved by full implementation.

Presently, it seems that nationwide institutions exist mainly on paper and refugees remain unable to return to their homes. More worrisome is the fact that the country's supposedly informal partition has become increasingly formal. This requires urgent attention, as it increases the risk of renewed military conflict, especially when foreign forces have been withdrawn.

For this reason, we would ask the international parties to the Dayton Peace Agreement to accept an obligation to ensure that free and fair municipal elections take place and that all sides participate in the newly created national institutions, such as the Presidency and the courts. Part of this obligation, we believe, is for the parties to the Agreement to assist the investigation of war crimes and the arrest of those already indicted. We also hope they will see to it that returning refugees find safe places to live. These two steps will greatly assist the cause of national unity.

Finally, of course, there are practical challenges, the biggest of which is to address the issue of reconstruction and, above all, the clearing of minefields.

In stressing the multitude of measures that need to be taken to keep the momentum of peace going in Bosnia and Herzegovina, my delegation wishes to express its appreciation for the contribution of the international community in both the military and the civilian operations. We are also pleased to note that the peacekeeping mission has gone more smoothly than was expected a year ago. I think that the presence of these people and certain groups has made a most welcome contribution, both politically and on the ground.

In this connection, my delegation would once more like to emphasize the importance of ensuring the full, effective, consistent and impartial implementation of the Dayton Peace Agreement and to urge the international community, particularly members of the United Nations Security Council, to support all measures designed to bring peace and unity to Bosnia and Herzegovina.

Linked to this is our hope that supportive countries and international institutions will give continued attention to the reconstruction of Bosnia and Herzegovina and that those who have pledged to disburse funds immediately in order to ensure timely completion of priority projects for rehabilitation and reconstruction, will indeed do so.

At the same time, the long-term peace and stability of the region will be greatly enhanced through the creation of a credible self-defence capability for the Federation. Hence, international support for the equipping and training of the Federation's armed forces is an essential component of the whole Peace Agreement.

The situation now is remarkably different from that of a year ago, as far as both the political situation and the actual situation on the ground are concerned. However, these positive developments still require the commitment of an international presence, both military and civilian, though possibly different from the scope of that in place at present. This is vital if we are not to see a repetition of the situation of the last four years. Brunei Darussalam hopes that this matter will be given urgent attention, particularly by the countries of the region.

Mr. Barout Saleem (United Arab Emirates)

Regarding developments in the situation in Bosnia and Herzegovina, I join with those delegations which, having analysed the situation, supported the efforts of the international community to strengthen and stabilize the situation in the Republic. Two weeks ago, for example, the Peace Implementation Conference was held in London. The United Arab Emirates welcomed the Dayton Peace Agreement initialled on 21 November 1995, to which all the parties in the region subscribed. We also support the joint efforts of the international community and the Organization of the Islamic Conference.

We believe, however, that, if these achievements are to be consolidated, the Dayton Agreement must be supported. In other words, the international community should urge all parties to create common institutions and to work towards democracy, the rule of law and respect for the rights of minorities so as to achieve peace and prosperity.

The rebuilding of the infrastructure and the achievement of economic prosperity are essential for peace and stability in Bosnia and Herzegovina. In spite of the progress made by the donors in term of respect for the financial commitments undertaken at the ministerial conference held in Brussels, many of these contributions have yet to be made. Consequently, there is a large deficit in the financing of rehabilitation programmes and projects. The United Arab Emirates, which has committed itself to making its contribution to Bosnia and Herzegovina, would urge all parties to respect their financial commitments to help the people of Bosnia and Herzegovina. We believe that assistance, be it international or bilateral, cannot go on indefinitely. We need the cooperation of the parties concerned and commitment to the Peace Agreements in an objective and impartial manner.

The return to their homes of a great number of refugees and displaced persons, especially Muslims, is important. Indeed, their non-return is a violation of the Dayton Accords and other peace agreements. Consequently, we emphasize the importance of respect by the parties for the provisions on the return of refugees in dignity and with guarantees for proper conditions to their own territory. We should adopt the necessary steps to facilitate the return of individuals to their homes. Mines must be cleared and favourable conditions ensured for the return of refugees.

There are two essential factors for the establishment of a lasting and global peace. First, people accused of crimes against international law must be brought before the relevant tribunals for humanitarian and legal reasons. We would like to emphasize the importance for all the parties, especially the Serbian leaders, to cooperate fully with the international bodies concerned in order to bring all of those who might be guilty of grave violations of international law before the International Criminal Tribunal for the Former Yugoslavia. Secondly, thousands of detainees must be released.

Mr. Wisnumurti (Indonesia)

Since the General Framework Agreement for Peace in Bosnia and Herzegovina was reached in Dayton a year ago, we have witnessed developments of a far-reaching nature. First and foremost, it terminated wanton aggression and indiscriminate killing and restored peace after four years of brutal warfare. Under the supervision of the Implementation Force, established in pursuance of that Accord, a ceasefire has been in effect. The warring parties are separated along the demilitarized zones and heavy weapons are placed in designated areas.

Troop demobilization has largely been achieved. Elections held in September 1996, with the participation of over 2.4 million voters, have brought democracy to the country and led to heightened prospects for the establishment of multi-ethnic common institutions. These are indeed remarkable achievements in a country that has been bitterly divided by war.

We cannot, however, be oblivious to the fact that Bosnia and Herzegovina is still a country divided along ethnic lines and is far from a unified nation composed of two entities, as envisioned at Dayton. The Peace Implementation Conference held in London this month noted with dismay and disappointment the lack of progress in critical areas of the Peace Agreement. It is undeniable that the rights of refugees and displaced persons have been trampled upon by the Bosnian Serbs through an unconscionable policy of harassment, intimidation, forced evictions and even burning of homes. It is poignant to note that, of the more than 2 million people who were forced to flee their homes, only 250,000 have returned. Freedom of movement is also being severely restricted in an attempt to maintain illicit control over segments of the population and territory of the country.

Furthermore, Dayton's limitations on armaments have not been implemented. The Presidency, the Parliament and the judiciary are not yet functioning and those indicted for war crimes and other violations of international humanitarian law are yet to be apprehended and brought to justice. Most ominous of all is the resurgence of narrow nationalist aspirations that seek to undermine the prospect of restoring Bosnia and Herzegovina as an independent State within its internationally recognized borders.

At this stage of the fragile peace process, therefore, my delegation deems the resettlement of refugees to their homes of origin to be a principal and immediate concern. Their right to reclaim homes formerly occupied by them in areas now held by the Bosnian Serbs cannot be compromised if we are to reverse the goals of a war characterized by "ethnic cleansing". Furthermore, despite the promise of Dayton, the Serbian entity in Bosnia and Herzegovina has sheltered those indicted for war crimes, which has placed in jeopardy the first effort since Nuremberg to call the perpetrators of such crimes to account for their actions. Failure to arrest suspects for genocide and mass murder flies in the face of the basic norms and principles of international law. Peace and justice, as well as reconciliation and renewal, require that such illegal conduct entail appropriate action against those who have reneged on their international obligations.

As the peace process has now reached a critical point of transition, it is essential that the new national institutions of a shared Presidency and legislature meet and begin to function without delay, thereby overcoming the division of the country into different enclaves, weakening the forces of separatism and bringing Bosnians together to rebuild and rehabilitate their land. In that way, territorial boundaries, established by conquest, that already divide Bosnia and Herzegovina along ethnic lines will end and Dayton's prohibition against formal partition will be enforced.

The Indonesian delegation is of the view that a continuing military presence is essential to consolidate the gains achieved so far, to prevent rearmament and to maintain stability. In this context, the decision taken by the North Atlantic Treaty Organization (NATO) to continue the deployment of multinational military forces will reflect the international community's resolve not only to facilitate a lasting peace in Bosnia and Herzegovina, but also to prevent the resumption of conflict, with its attendant disastrous consequences. My delegation is gratified to note the creation of the Stabilization Force to replace the Implementation Force for a planned period of 18 months. The implementation of the arms control accord by the agreed deadlines, in cooperation with the Organization for Security and Cooperation in Europe (OSCE), is another prerequisite for peace and security in the region. A military balance must be achieved until a unified Bosnian army is created.

The Republic of Bosnia and Herzegovina has accepted the reality of one State, two entities and three nations. The international community should therefore render its full support at this critical and historic moment, when it is committed to the full and consistent implementation of the General Framework Agreement for Peace reached at Dayton.

Against the backdrop of these sombre facts, the London Conference made important advances with respect to carrying out the peace plan, including the drafting of guidelines for democratization and the rule of law, a pledge to allow refugees to return home and to ensure freedom of movement, and the holding of municipal elections next summer. In the interests of regional amity and cooperation, the Conference called upon the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro), as signatories to the Peace Agreement, to forge a constructive relationship with Bosnia and Herzegovina, including the establishment of diplomatic relations. It also pledged assistance for the economic and social reconstruction of the country as the provisions of the peace accord are implemented in their entirety.

Finally, the supporting role of the United Nations should be continued in demining, strengthening the International Police Task Force, refugee rehabilitation, confidence-building, containing potentially explosive situations, maintaining contact with local authorities and disseminating information. The leaders of Bosnia and Herzegovina now have an unprecedented opportunity to achieve a sovereign and united country within the framework of a multi-cultural, multi-ethnic and multi-religious society, by reaffirming their commitment to the Dayton Peace Accords and the full implementation of their provisions.

Mr. Abulhasan (Kuwait)

The General Assembly is today considering the situation in Bosnia and Herzegovina. Over the past few years, we have considered this item with sadness born of the odious acts of "ethnic cleansing" committed against the people of Bosnia and Herzegovina. Recent significant developments, however, have put an end to that bloody struggle, during which our brother people were the victims of brutal aggression and genocide and which has now given way to the peace so greatly desired by peoples throughout the world.

Kuwait has already welcomed the Dayton/Paris Peace Agreements, which were concluded in 1995. We continue to support the full implementation of all the provisions of those agreements, which are the basic machinery for achieving a just and lasting peace in Bosnia. Kuwait has also welcomed the peaceful steps taken by the Republic of Bosnia and Herzegovina to put an end this tragedy and to safeguard the legitimate rights of its people. These measures include the recent elections in Bosnia, the results of which demonstrated that the President of Bosnia, Alija Izetbegovic', enjoyed the full confidence of his people. We should like to reaffirm the fact that Kuwait has already provided constant support with regard to this problem, which involves several issues.

First, there is a need to implement fully all the provisions of the Dayton and Paris Peace Agreements; these provisions must be implemented as a whole, not partially. Secondly, emphasis must be placed on the independence, sovereignty and territorial integrity of the Republic of Bosnia and Herzegovina within its internationally recognized borders. Thirdly, there must be full support for the efforts of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991; States and parties to the Peace Agreement must meet their obligations to cooperate fully with the Tribunal, as required by Security Council resolution 827 (1993), which established the Tribunal, and should cooperate in the arrest and surrender of those accused as soon as possible. In this context, Kuwait welcomes the third annual report of the International Tribunal on its work. Finally, Kuwait is convinced that the support of the international community for the Peace Agreement for Bosnia should not be limited to moral and political support, but should also involve effective participation in order to help in the implementation of all of the provisions of the Agreement. This means financial and technical support to the Government of Bosnia to enable it to deal with some of the important problems facing it, such as the problem of refugees, to help it in establishing national institutions, and to help it in its efforts to lay the foundations for a State on the principles of peace, democracy and respect for human rights.

In this context, Kuwait would like to reaffirm its unwavering support for the people of Bosnia in their efforts to rebuild and rehabilitate their State, specifically through the provision of needed technical or political assistance. Among the most important indications of my country's interest in the rebuilding of Bosnia and Herzegovina is the existence of a fund in Kuwait and the visit by a Kuwaiti delegation to Bosnia and Herzegovina, from 11 to 16 July, to evaluate the country's economic situation.

After the ethnic war and following that visit, the Government of Kuwait signed an agreement last October with the Government of Bosnia stating that the fund is committed to providing technical assistance for a study of projects in the areas of health care and drinking water, the cost of which will be 350,000 Kuwaiti dinars. We shall also provide experts, and plan to make credit available for the economic reconstruction of Bosnia and Herzegovina, with the objective of financing small and medium-sized businesses; the cost will be about $20 million. Similarly, the plan to build four roads for the city of Mostar will cost about $9 million. The study for this will begin in the first half of next year.

My delegation would like once again to reaffirm that Kuwait, which has provided the people of Bosnia with major assistance during its difficulties in recent years, will spare no effort to continue to provide political and technical support as needed, with a view to consolidating the principles of peace, security and stability, which are absolutely necessary in order to safeguard the prosperity of all the peoples of the region.

Mr. Allagany (Saudi Arabia)

Today we are considering the question of Bosnia and Herzegovina in the hope that the Dayton Agreement will be implemented to put an end to the horrendous tragedy caused by "ethnic cleansing" and racist narrow-mindedness. The Kingdom of Saudi Arabia welcomes the election victory of President Izetbegovic' as President of the tripartite presidency, and believes that the results of the elections are a cause for optimism, since the forces of moderation have triumphed over the extremists, making Bosnia a multi-ethnic State where Serbs, Muslims and Croats can live together in peace. Nonetheless, despite the existence of the conditions necessary for free and fair elections in certain parts of Bosnia and Herzegovina, these elections were not fair, particularly in the Republika Srpska, because the electors were not able to express their viewpoints.

We say that the elections are cause for optimism despite the constant international press reports of Serb defiance. On 6 November the Bosnian Serbs demolished 96 houses owned by Muslim families who had been given permission to return to the villages under Serb control. Thus the Serbs have demolished 191 houses in a premeditated way over the past two months. This is a blatant challenge of the Dayton Peace Agreement, which grant the right of civilians in Bosnia to return to their villages and the homes they owned before the war, despite the presence of some 50,000 soldiers belonging to the Implementation Force (IFOR). The spokesman for the Office of the United Nations High Commissioner for Refugees (UNHCR) in Sarajevo, Mr. Janowski, declared that one of the houses that was demolished had earlier been rebuilt by UNHCR under an agreement signed by the authorities of the Republika Srpska. He said:

"We are very concerned about this situation. It represents a threat to our agreement and to the return of refugees and displaced persons to the area".

Mr. Allagany (Saudi Arabia)

We feel that this kind of challenge and these practices by the Bosnian Serbs represent the biggest threat to the comprehensive character of the Dayton/Paris Agreement and to the Implementation Force (IFOR) since peace was achieved.

It is in reading the third annual report of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 and in following the investigations that took place throughout Bosnia and Herzegovina, which revealed clear evidence of mass burials -- particularly in Srebrenica, the first site of exhumations; where 155 corpses were found with their hands and feet bound -- that we realize the enormity of the human loss brought about by Serbian intransigence.

We are also surprised by the broad range of crimes detailed in the report of the International Tribunal for the Former Yugoslavia of 16 August 1996. These include crimes perpetrated by the Yugoslav People's Army (JNA) in November 1991 after the fall of Vukovar against unarmed civilians and others taking place at this very moment in other villages.

In the war launched against Bosnia and Herzegovina -- which included the seizure of territories and aggression in violation of the Charter of the United Nations -- the people of Bosnia and Herzegovina are, quite simply, the victims of ethnic bias and a genocidal ideology. This aggression is not defined merely by religion or a particular ethnicity, but rather by an ideology of bias, arrogance and dictatorship.

It is astounding to note that the negotiating parties that are trying to find a solution for Bosnia and Herzegovina and to implement the Dayton Accord include persons who have been indicted by the Tribunal in The Hague for having perpetrated crimes of genocide and crimes against humanity. At a time when the international mass media were portraying images of mass graves of civilians killed during the campaign of "ethnic cleansing" and genocide which has been consistently ascribed to the Republika Srpska, the same indicted war criminals who perpetrated acts of murder have been present on the negotiating panel. This calls into question the credibility of the negotiating and implementing process.

Bosnia and Herzegovina is trying to save its people, reconstruct the country, consolidate democracy and preserve human rights. What this young Republic wants is for the international community to prevent the war criminals responsible for these crimes to evade justice. We believe that the implementation of the Dayton Accord has met with one obstacle after another. These obstacles have been set up by those who do not want peace in Bosnia and Herzegovina.

In Saudi Arabia, we supported peace and stability in the Republic of Bosnia and Herzegovina. Ours was a position of principle based on our unswerving commitment to the Charter of the United Nations, to the peaceful settlement of international disputes and to ensuring the vindication of the victim.

There are several measures that can lead to stability and full commitment to the Dayton resolutions. The first is the consolidation of the territorial integrity of Bosnia and Herzegovina and the forceful repudiation of any attempt to divide the Republic. Secondly, we must assist Bosnia and Herzegovina in the completion of its infrastructures, the building of its national army and the provision of the necessary arms to face any foreign threat or a new collapse of the situation, particularly after the withdrawal of IFOR.

Thirdly, we must offer the necessary support for Bosnia and Herzegovina's reconstruction following the devastating aggression. The building of institutions to consolidate political stability and economic development in that country should be viewed as a prerequisite for peace, without which the objectives of the Dayton Accord cannot be achieved. Fourthly, it is necessary to prosecute and punish war criminals. If this is not done, any talk of ensuring human rights in the world will only prove to be futile and hypocritical.

Bosnia and Herzegovina is a State Member of the United Nations. The international community cannot ignore the Charter of the United Nations or the international rules upon which it is founded. How can we guarantee international peace and security if we flout and ignore the Charter of the United Nations and resolutions of international legality? These are important matters to the consolidation of peace and constitute an international principle that ought to be fully implemented.

We call upon the international community to support the rightful owners in Bosnia and Herzegovina and to save that innocent people so that they can enjoy the right to life on an equal footing with the other peoples of the world. Such an honourable stance, assumed by the international community following the Iraqi aggression against the State of Kuwait in 1991 and the adoption of relevant Security Council resolutions, led to the vitiation of aggression and the restoration of legality to the brotherly State of Kuwait.

This must be resolutely repeated in Bosnia and Herzegovina. We must never forget that the Dayton Peace Accord did not see the light of day until the international community demonstrated firmness and resolve.

Peace in Bosnia and Herzegovina is still fragile. It needs further guarantees to be consolidated. The international community is capable of seeing to it that this is done.

Mr. Kamal (Pakistan)

We are meeting today at a particularly critical juncture in the history of Bosnia and Herzegovina. Since the General Assembly last discussed the situation in Bosnia and Herzegovina over two years ago, many significant and encouraging developments have taken place.

While important strides have been taken towards resurrecting the unity and territorial integrity of the State of Bosnia and Herzegovina, there continues to be deep anxiety and concern over the complete and impartial implementation of the Dayton Peace Accord. The peace process in Bosnia and Herzegovina has yet to be made irreversible. The consequences of genocide and "ethnic cleansing" have yet to be undone. The vision of a united, multi-ethnic and multi-cultural State of Bosnia and Herzegovina, within its internationally recognized boundaries and with fully functional national institutions, continues to face significant impediments. The task of reconciliation has yet to be pursued in earnest and good faith. On the other hand, it is undeniable that the Government of Bosnia and Herzegovina has, without equivocation, fulfilled its obligations and remains earnestly desirous of the realization of the entire package of undertakings and commitments stipulated under the Dayton Peace Accord.

It is a matter of deep disappointment for Pakistan that the ideal of peace with justice for Bosnia and Herzegovina continues to be defeated, especially by delays in the prosecution and punishment of those indicted for crimes against humanity in the territory of the former Yugoslavia. The work of the International Criminal Tribunal for the former Yugoslavia continues to be undermined by a chronic shortage of necessary funds and resources. Voluntary contributions essential for supporting the noble work of the Tribunal have, regrettably, not been forthcoming. It is, indeed, ironic that the modest sum of $720,000 required for the exhumation of mass graves has so far not been realized.

Pakistan fully subscribes to and endorses the view that an efficient and effective Tribunal could substantially contribute to the just settlement of the conflict in Bosnia and Herzegovina. It is therefore important that the international community urgently undertake efforts to impress upon the Security Council and other competent forums the need for devising effective measures to secure the detention and trial of indicted war criminals. In that context, a broad range of options could be explored, including vesting the Implementation Force (IFOR) and its successor Force with the necessary mandate and resources effectively to assist the Tribunal in the performance of its international responsibility.

Another issue of equal importance, which is indispensable to keeping the peace process on track, is the return of refugees and displaced persons to their homes in conditions of security and honour. This is, indeed, a critical component of the Dayton Accord and the only way to ensure the full revival of the State of Bosnia and Herzegovina within its internationally recognized borders. The return of refugees and displaced persons to their homes is also critical to the success of the democratization process, particularly the holding of municipal elections next year, which must be held under international supervision. Pakistan firmly believes that both the civilian and military mechanisms charged with the implementation of the Dayton Accord should be vested with the necessary authority to realize that objective as expeditiously as possible.

It is therefore imperative that the international community, particularly the guarantors of the Dayton Accord, the United Nations, the Organization for Security and Cooperation in Europe (OSCE), as well as the mechanisms devised to facilitate the Dayton peace process remain fully engaged and leave no stone unturned to make the Accord a self-fulfilling promise. The international community is obligated morally, legally and politically to provide and deploy the necessary resources to transform Bosnia and Herzegovina into a pivot of stability and tranquillity, not only in the Balkans but beyond. The international community must also strive to enable the Government of Bosnia and Herzegovina to assume legal, political and sovereign control of its international boundaries. In this regard, Pakistan warmly welcomes the conclusions of the recent London and Paris Conferences and earnestly hopes that these conclusions would lend fresh impetus to the consolidation of the peace process in Bosnia and Herzegovina over the next two years.

In its capacity as Chairman of the Organization of the Islamic Conference (OIC) Assistance Mobilization Group for Bosnia and Herzegovina, Pakistan is pleased to inform the Assembly that the OIC member States have continued to translate their political commitment to the unity, territorial integrity, sovereignty and political independence of Bosnia and Herzegovina through concrete action. This has taken the shape of various forms of bilateral assistance and contributions at the international pledging conferences, as well as establishing a nexus with regional organizations and mechanisms entrusted with the implementation of the Dayton peace process. The OIC has been represented in the meetings of the Steering Board of the Peace Implementation Council. OIC member States have assisted OSCE in monitoring the general elections held in September last. Several OIC States have assisted the important programme initiated to equip and train the Bosnian army. OIC States have also contributed to the Implementation Force and are actively participating in the International Police Task Force in Bosnia and Herzegovina. The OIC Assistance Mobilization Group will continue to closely evaluate and monitor the results of its efforts in the future, with a view to identifying and perhaps elaborating new modalities to fulfil its mandate more effectively.

Pakistan has consistently adopted a principled position throughout the crisis in Bosnia and Herzegovina and extended unqualified moral and political support to the people of Bosnia and Herzegovina. Pakistan is deeply committed to strengthening all efforts towards a negotiated settlement aimed at restoring lasting peace to the entire territory and at preserving its territorial unity and integrity within its internationally recognized borders. We cannot but strongly underscore that what is at stake is the fate not only of Bosnia and Herzegovina, but also of all weak and smaller States Members of our Organization.

At issue here is the very credibility of the United Nations, and particularly that of the Security Council, in upholding the immutable principles of the Charter -- in this case, the sovereignty, political independence and territorial integrity of a sovereign Member of the United Nations. Pakistan firmly believes that no nation should be victimized because of its smaller size. We feel that no peoples should be brutalized because of their ethnic origin. We believe that no nation should be denied its inherent rights to self-determination and to wage a legitimate struggle for its liberation.

Pakistan would like to take this opportunity to assure our Bosnian brethren of our fullest support in their endeavours to overcome the formidable problems that face their country and people. We are confident that Bosnia and Herzegovina will have the resilience and strength to overcome these problems.

The draft resolution before this Assembly today embodies the principles which set forth the minimum that must be accomplished by the international community if there is to be a just and lasting peace settlement in Bosnia and Herzegovina. Pakistan is a sponsor of this draft resolution and earnestly hopes that all Member States will support its adoption without a vote.

This is a time for genuine reconciliation. This is a time for healing deep scars. This is a time for forgetting differences and building peace for all people involved in the conflict. Some wounds, however, can never be healed. Some heinous crimes must not go unpunished. The principle of international prosecution, established and reaffirmed during the conflict in the former Yugoslavia, should not be scuttl