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General Assembly Session 54 meeting 76

Date9 December 1999

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A-54-PV.76 1999-12-09 15:00 9 December 1999 [[9 December]] [[1999]] /

Agenda item 160

Measures to eliminate international terrorism

Report of the Sixth Committee (A/54/615)
The Acting President

I give the floor to the representative of Cuba, who wishes to speak in explanation of position before action is taken.

Ms. Álvarez Núñez (Cuba)

The Cuban delegation will support draft resolution II in document A/54/615 in order to reaffirm once again the role of the General Assembly, as the truly universal organ of this Organization, in the adoption of measures to deal with acts of international terrorism.

As always, Cuba condemns all acts, methods and practices of international terrorism in all their forms and manifestations, wherever and by whomever they are committed. This includes terrorism encouraged, financed or tolerated by States themselves. Likewise, Cuba supports all efforts of the United Nations system in the struggle against acts of terrorism. This includes support for the holding of an international conference under the auspices of this Organization in the search for an international legal framework and for cooperation to deal with terrorist activities.

Nonetheless, international terrorism is seldom thoroughly considered, either from the standpoint of its causes or from that of its deepest and most alarming interconnections within societies. In this respect, we believe it necessary to define terrorism in all its forms and manifestations and to establish the necessary distinction between acts of terrorism and the right of peoples to struggle for their self-determination and against domination or foreign occupation.

The Cuban delegation, in supporting draft resolution II in document A/54/615, reaffirms once again the relevance and validity of all the resolutions adopted by this Assembly on the subject of international terrorism.

The Acting President

I call on the representative of Iraq, to speak on a point of order.

Mr. Al-Kadhe (Iraq)

My delegation is taking the floor regarding the draft resolution on measures to eliminate international terrorism because we have several comments on the draft international convention for the suppression of the financing of terrorism.

First and foremost, the draft convention does not contain a definition of terrorism and how it is financed, nor does it contain the question of State-sponsored terrorism. This essentially opens the way for abuses. Nonetheless, because of Iraq's firm opposition to terrorism, a position based on international law and the Charter of the United Nations, Iraq will be associating itself with the consensus on this draft resolution.

The Government of the Republic of Iraq has reservations regarding article 11, paragraph 5, of the draft international convention for the suppression of the financing of terrorism, because many States are bound by regional agreements, established on the basis of specific regional needs, regarding the extradition of criminals.

I would like Iraq's statement and reservations to be reflected in the records of this meeting.

The Acting President

The Assembly will now take a decision on the two draft resolutions recommended by the Sixth Committee in paragraph 13 of its report.

The General Assembly will first turn to draft resolution I, entitled "International Convention for the Suppression of the Financing of Terrorism".

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

Draft resolution I was adopted (resolution 54/109).
The Acting President

Draft resolution II is entitled "Measures to eliminate international terrorism". A recorded vote has been requested.

favour
against
abstain
absent

Draft resolution II was adopted by 149 votes to none, with 2 abstentions (resolution 54/110).

favour=149 against=0 abstain=2 absent=37

Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kiribati, Kuwait, Kyrgyzstan, Laos, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Moldova, Monaco, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syria, Tajikistan, Tanzania, Thailand, The former Yugoslav Republic of Macedonia, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe

The Acting President

I shall now call on those representatives who wish to explain their votes or positions.

Mr. Tarabrin (Russia)

The Russian Federation welcomes the adoption of the International Convention for the Suppression of the Financing of Terrorism and considers it an important contribution to the strengthening of the international legal foundation for the struggle against terrorism.

We are somewhat concerned, however, by the fact that the wording of the Convention may enshrine the opportunity for refusal, in certain specific circumstances, to extradite or to afford mutual legal assistance for some offences it covers. The Russian Federation expressed a similar concern at the adoption in 1997 of the International Convention for the Suppression of Terrorist Bombings, a concern which it confirmed in a statement made at the signing of that instrument.

We should like once again to inform the General Assembly of our principled position. The Russian Federation's view is based on the need to apply the provisions of article 15 so as to ensure the impossibility of evading responsibility for offences that are covered by the Convention, without prejudice to the effectiveness of international cooperation on extradition and legal assistance.

Mr. Diab (Lebanon)

My delegation fully and sincerely shares the general feeling of delegations that today's adoption of the International Convention for the Suppression of the Financing of Terrorism in resolution 54/109 is a very important event and a significant achievement. The delegation of Lebanon joined in the consensus on the resolution because we believe that the international community must be encouraged in this effort and in the affirmation of our solidarity with it, in the hope of eliminating terrorism in all its forms. My country's delegation wishes, however, to express the following reservations concerning some of the provisions of the International Convention for the Suppression of the Financing of Terrorism.

First, we have reservations about the fact that the Convention does not define terrorism, which opens the door to different interpretations in accordance with States' political purposes and desires. That could have a pernicious effect on the cooperation required under the Convention.

Secondly, we have reservations about the fact that there are no detailed rules established to guarantee the safety of third parties, especially under paragraph 1 of article 2 of the Convention.

Thirdly, we have reservations concerning paragraph 1 (b) of article 2, which includes offences to be covered under the Convention that are beyond the scope of terroristic offences as defined in one of the treaties listed in the annex. The determination of a type of action, or the context in which it may take place, and the use of that determination to define terrorism against a Government or individuals not taking an active part in the hostilities in a situation of armed conflict would suggest the potential for varying political interpretations when no terrorist act has taken place, especially given the differences between various legal systems.

Fourthly, my delegation also wishes to express its reservations on paragraphs 1 and 2 of article 1; articles 5 and 8; paragraph 2 of article 12; and articles 13 and 18, the wording of which is inconsistent with the laws of banking secrecy in Lebanon.

In conclusion, Lebanon emphasizes that it will work with the international community, in the framework of its existing national rules, to combat terrorism in all its forms and manifestations.

The Acting President

The General Assembly has thus concluded this stage of its consideration of agenda item 160.

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