General Assembly Session 51 meeting 94

The President

In a letter contained in document A/51/780/Add.4, the Secretary-General informs me that, since the issuance of his communications dated 21 and 30 January and 4 and 12 March 1997, Ecuador and Latvia have made the necessary payments to reduce their arrears below the amount specified in Article 19 of the Charter.

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

The President

In his note contained in document A/51/237, the Secretary-General informs the General Assembly that, pursuant to paragraph 4 of article 13 of the statute 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, the judges shall be elected for a term of four years. By decision 47/328 of 17 September 1993, the judges were elected by the General Assembly for a term of office beginning on 17 November 1993. The term of office of the judges, therefore, expires on 16 November 1997.

It would be advisable for the election of the judges to be held as soon as possible during the current session of the General Assembly.

Accordingly, the Secretary-General has the honour to request, pursuant to rule 15 of the rules of procedure of the General Assembly, the inclusion in the agenda of the fifty-first session of an additional item entitled "Election of judges 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", which is of an important and urgent character.

The Secretary-General further requests that the item be considered directly in plenary meeting.

Unless I hear any objection, may I take it that the General Assembly agrees that the provision of rule 40 of the rules of procedure, which would require a meeting of the General Committee on the question of the inclusion of this item on the agenda, can be waived?

The President

May I take it that the General Assembly, on the proposal of the Secretary-General, wishes to include an additional item in the agenda of the current session, entitled "Election of judges 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"?

The President

May I take it that it is the wish of the General Assembly to consider the additional item directly in plenary meeting?

The President

In his note contained in document A/51/102/Add.1, the Secretary-General informs the General Assembly that he has received notification of the resignation of Mr. William Grant of the United States of America from the membership of the Committee on Contributions, and that the Assembly will therefore be required at its current session to appoint a person to fill the unexpired portion of the term of office of Mr. William Grant, that is, until 31 December 1997.

In order to enable the General Assembly to take the required action, it will be necessary to reopen consideration of sub-item (b) of agenda item 18, entitled "Appointment of members of the Committee on Contributions".

May I take it that the General Assembly, on the proposal of the Secretary-General, wishes to reopen consideration of sub-item (b) of agenda item 18, entitled "Appointment of members of the Committee on Contributions"?

The President

Representatives are aware that this sub-item is usually allocated to the Fifth Committee. However, may I take it that the Assembly agrees that, in view of time constraints, the appointment should be made directly in plenary meeting?

The President

I therefore propose that the General Assembly proceed immediately to the appointment of a member of the Committee on Contributions.

I see no objection. We will proceed accordingly.

The President

I should like to draw the attention of the Assembly to paragraph 2 of the note by the Secretary-General contained in document A/51/102/Add.1. In that paragraph, the General Assembly is informed that the Government of the United States of America has nominated Mr. David Leis to fill the unexpired portion of the term of office of Mr. William Grant, that is, until 31 December 1997.

May I take it that it is the wish of the Assembly to appoint Mr. David Leis as a member of the Committee on Contributions for a term of office beginning 27 March 1997 and ending 31 December 1997?

The President

May I also take it that the Assembly decides to conclude its consideration of sub-item (b) of agenda item 18?

The President

I request the Rapporteur of the Special Political and Decolonization Committee (Fourth Committee), Mr. El Walid Doudech of Tunisia, to introduce the report of the Special Political and Decolonization Committee.

Mr. Doudech (Tunisia)

It is an honour to introduce to the General Assembly Part II of the report of the Special Political and Decolonization Committee (Fourth Committee), document A/51/588/Add.1. This report relates to the following territories: American Samoa, Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Guam, Montserrat, Pitcairn, St. Helena, the Turks and Caicos Islands and the United States Virgin Islands.

The report recommends the adoption of two draft resolutions. Draft resolution A is of a general nature and makes reference to General Assembly resolution 1514 (XV), containing the Declaration on the Granting of Independence to Colonial Countries and Peoples. Draft resolution B relates to each of the 11 territories I have just named.

The draft resolution expresses awareness of the special characteristics of these Territories and states that the aspirations of the peoples of the Territories should continue to serve as the basis for the determination of their future political status.

The draft resolution also recognizes that there is no alternative to the principle of self-determination, as expressed by the General Assembly in resolutions 1514 (XV), 1541 (XV) and others.

In the operative part, the draft resolution approves the tenth chapter of the report of the Special Committee and reaffirms the right of the peoples of the Territories to self-determination. It requests the administering Powers to transmit to the Secretary-General information on, inter alia, the wishes and aspirations of the peoples of the Territories regarding their future political status.

The draft resolution reaffirms the importance of United Nations visiting missions to the Territories, as well as the responsibility of the administering Powers for promoting the economic and social development and for preserving the cultural identity of the Territories.

The draft resolution stresses that the eradication of colonialism by the year 2000 requires the full and constructive cooperation of all parties concerned.

The draft resolution invites the specialized agencies and other organizations of the United Nations system to initiate or to continue to take all necessary measures to accelerate progress in the social and economic life of the Territories.

The draft resolution requests the Special Committee to continue the examination of the question of the small Territories and to make recommendations to the General Assembly at its fifty-second session.

Part B of the draft resolution deals with each Territory and its status independently.

This draft resolution represents great progress in the work of the Special Committee because consensus has been reached with the administering Powers. We hope that this will be a good starting-point for fruitful cooperation with these countries with a view to achieving the goal of complete decolonization by the year 2000.

The Fourth Committee adopted this draft resolution without a vote and recommends to the General Assembly that it do likewise.

In conclusion, I would like to thank you, Mr. President, for your leadership and for your interest in the consultations between the Special Committee and the administering Powers. I would also like to thank the Chairman of the Fourth Committee, Ambassador Kittikhoun of the Lao People's Democratic Republic, and the other members of the Bureau for their cooperation and support.

I would especially like to thank the Secretariat of the Fourth Committee for its input -- in particular the Secretary of the Committee, Mr. Amer Araim -- as well as all others concerned for their remarkable work in the field of decolonization.

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 report of the Special Political and Decolonization Committee which is before the Assembly today.

The President

Statements will therefore be limited to explanations of vote.

The positions of delegations regarding the recommendation of the Special Political and Decolonization 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, 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 recommendation contained in the report of the Special Political and Decolonization Committee, I should like to advise representatives that we are going to proceed to take a decision in the same manner as was done in the Special Political and Decolonization Committee.

The Assembly will now take a decision on the draft resolution recommended by the Special Political and Decolonization Committee in paragraph 5 of Part II of its report (A/51/588/Add.1). The draft resolution is entitled "Questions of American Samoa, Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Guam, Montserrat, Pitcairn, St. Helena, the Turks and Caicos Islands and the United States Virgin Islands".

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

The President

I shall now call on those representatives who wish to make statements in explanation of vote.

Mr. Marrero (United States)

The United States welcomes the adoption of the resolution, as amended, on the 11 non-self-governing Territories administered by the United States and the United Kingdom. This is a milestone event, one which represents our collective effort to look ahead, to begin disposing of long-standing issues and to spare the Assembly a further, sterile debate.

Over the last few years, we have been forced to challenge the report of the Special Political and Decolonization Committee on draft resolutions proposed by the Committee of 24 on the Non-Self-Governing Territories administered by the United States and the United Kingdom.

We were encouraged, therefore, when the Fourth Committee Chairman, Ambassador Kittikhoun, took the initiative last fall to bring the parties together for the first time informally to discuss the Committee of 24's draft resolution dealing with the Non-Self-Governing Territories and amendments presented by us and the United Kingdom. We met with the members of the Committee of 24 in October and November. The Committee's willingness to listen and genuine desire for change matched our own.

Responding to this productive mood, and convinced that we could advance the process if we continued, our delegations proposed -- and the Fourth Committee agreed -- to defer action on the draft resolution and continue the informal dialogue to tackle the more difficult issues still outstanding.

From 17 January to 12 March, we and our British partners participated in nine informal sessions chaired by Ambassador Kittikhoun, including four meetings with the Chairman of the Committee of 24, Ambassador Samana, and five with the entire membership of the Committee. Today's outcome proves that it was time well spent.

Many of the representatives in this Hall were sceptical that we could reach consensus. I cannot deny that the negotiations were difficult because of the substantial differences between us. But we and our Committee of 24 interlocutors were convinced that the continuation of this informal dialogue would facilitate greater understanding. We have accomplished exactly that. In this regard, we are grateful to the General Assembly President, Ambassador Razali, for his support of the process; to Ambassador Kittikhoun, under whose leadership we persevered; to Ambassador Samana, who ably led the C-24 towards consensus; to the rest of the Special Committee for their conscientious hard work; and to the other members of the Secretariat and Bureau.

The adoption of this resolution is a significant achievement in itself, but, more importantly, it is a critical step to the next stage of the informal dialogue. For many years we had expressed dissatisfaction with the Committee of 24's annual reports on the Non-Self-Governing Territories because we believed they were not balanced. They did not adequately recognize the progress achieved in the Territories in question to move them towards acceptable options of self-determination. We are pleased that this resolution for the first time is appropriately balanced, shunning cold-war-style rhetoric and acknowledging international progress towards self-government in the Territories concerned. The resolution also recognizes that self-determination as it has evolved is not a unitary concept satisfied only by full independence, but encompasses a much broader range of acceptable options, as long as they are freely chosen through informed elections by the people affected. We believe that the spirit of cooperation, flexibility and goodwill that prevailed in our work to date will help continue to build trust and lead to closer cooperation. We are ready to continue that work.

The consensus adoption of this resolution also marks an important step towards the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples. But we have a long way to go. Fundamental differences still remain between us and the Committee of 24 on the issue of the eradication of colonialism and how it relates to our Non-Self-Governing Territories.

Let me highlight our objectives as we move into the next phase of the dialogue.

Having reached consensus on this text, we are prepared to continue the informal dialogue with a view to possibly achieving resumed formal cooperation.

Having reaffirmed in principle that visiting missions to the Non-Self-Governing Territories, at an appropriate time and with the agreement of the administering Power, could constitute an effective means of achieving the goals of the International Decade for the Eradication of Colonialism by the year 2000, we are prepared to discuss with the Special Committee the modalities for such missions.

Bearing in mind our differences regarding the Special Committee's regional seminars, and in the light of our discussions with the Committee on modalities for visiting missions, we are prepared to review with the Committee the efficacy of and the need for these seminars.

Finally, we hope to consider appropriate mechanisms by which to give recognition to expressions of self-determination by the peoples of the Territories concerned, based on an informed, free and voluntary choice, with a view to removing those Territories from the list of Non-Self-Governing Territories.

We have embarked on a process in the interest of the United Nations, the Member States and the people of the Non-Self-Governing Territories. In doing so, we have attempted to address your view, Mr. President, that the time has come to end business as usual at the United Nations. We look forward to our continuing dialogue with the members of the Committee of 24 and hope to be able to report further progress to you in the months ahead.

Mr. Mounkhou (Mongolia)

The delegation of Mongolia welcomes the consensus adoption of the resolution on Non-Self-Governing Territories. We would like to thank in this connection Ambassador Kittikhoun, Chairman of the Fourth Committee, for his dedication and initiative encouraging greater dialogue and negotiations.

My delegation has been of the view that the aforementioned issues should be resolved through commitment and cooperation between the Committee of 24 and the administering Powers, taking into account the interests of the Territories' peoples as a matter of their main concern.

We hope that the spirit of this achievement will guide the further cooperation between the Special Committee of 24 and the administering Powers in the best interests of the peoples of the Territories.

I should like to take this opportunity to express to Ambassador Kittikhoun my delegation's appreciation for his exemplary leadership of the proceedings of the Special Political and Decolonization Committee.

Mr. Richmond (United Kingdom)

The United Kingdom delegation welcomes the adoption of the amended text of the resolution concerning a number of the Non-Self-Governing Territories, including eight which are administered by the United Kingdom. The United Kingdom fully accepts its obligations under the United Nations Charter as an administering Power.

Agreement on a consensus text was reached only after a long and complex negotiation, very ably led by the Chairman of the Special Political and Decolonization Committee. My delegation pays tribute to his efforts. We took note of his statement to the Fourth Committee on 14 March and fully endorse his comments about the demonstration by both parties to the negotiations of a flexible and practical approach to the difficult issues which faced us. My delegation believes that the agreement which resulted was a clear vindication of the view that eventually prevailed last December endorsing the continuation of the informal dialogue between the administering Powers concerned and the Special Committee. This consensus proves that dialogue is preferable to the sterile confrontation which has marked this issue for too long.

As a result of the successful conclusion to the dialogue initiated by the Chairman of the Fourth Committee, my delegation is ready to continue informal discussions with the Special Committee. We approach these discussions with an open mind. We look forward to exploring ways in which we can reduce the levels of distrust which unfortunately remain. We believe that with perseverance and goodwill, solutions to the outstanding issues can be found. There is now a much more solid foundation of understanding between the administering Powers and the Special Committee. My delegation believes that we share a common objective; we now have the task of finding agreed methods of achieving that objective.

The resolution just adopted is a good start. It acknowledges that there are particular circumstances prevailing in the territories concerned; it accepts that there have been positive constitutional developments in some Non-Self-Governing Territories; it requests the administering Powers to provide information on democratic processes indicating the wishes and aspirations of the people of the Territories, such as elections, referendums and constitutional developments; it acknowledges that visiting missions can take place at an appropriate time and in consultation with the administering Power; and it accepts that the role of regional seminars needs to be reviewed.

My delegation is ready to discuss these and other issues which are of concern to the Special Committee. We do not expect instant results, but we believe that the sceptics who so nearly prevented continuation of this dialogue will again be proved wrong.