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General Assembly Session 57 meeting 80

Date29 January 2003
Started10:00
Ended21:45

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A-57-PV.80 2003-01-29 10:00 29 January 2003 [[29 January]] [[2003]] /
The President: Mr. Kavan (Czech Republic)
The meeting was called to order at 10.20 a.m.

Agenda item 117 (continued)

Scale of assessments for the apportionment of the expenses of the United Nations (A/57/705 and Add.l to 3)

The President

I should like to invite the attention of the General Assembly to documents A/57/705 and to Addenda 1 to 3 thereto, containing four letters from the Secretary-General addressed to the President of the General Assembly.

In document A/57/705, the Secretary-General informs the Assembly that 27 Member States are in arrears in the payment of their financial contributions to the United Nations within the terms of Article 19 of the Charter.

May I remind delegations that, under Article 19 of the Charter,

"A Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years."

May I take it that the General Assembly duly takes note of the information contained in document A/57/705?

It was so decided.
The President

In documents A/57/705/Add.1, 2 and 3, the Secretary-General informs the Assembly that, since the issuance of his communication contained in document A/57/705, Antigua and Barbuda, Cape Verde and Kenya 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 the information contained in documents A/57/705/Add.1 to 3?

It was so decided.
The President

Additionally, I should like to inform members that Mauritania and the Solomon Islands 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?

It was so decided.
The President

This information will be reflected in an addendum to document A/57/705.

Adoption of the agenda of the fifty-seventh session of the General Assembly, allocation of items and organization of work: note by the Secretary-General (A/57/101/Add.1/Rev.1)

The President

In his note (A/57/101/Add.1/Rev.1), the Secretary-General informs the General Assembly that he has received notification of the resignation of Mr. Juichi Takahara (Japan) from the Advisory Committee on Administrative and Budgetary Questions. The Assembly will therefore be required to appoint, at its current session, a person to fill the unexpired portion of the term of office of Mr. Takahara, that is, until 31 December 2004.

Representatives will recall that this sub-item was allocated to the Fifth Committee.

In order for the Assembly to proceed expeditiously on this sub-item, may I take it that Assembly agrees to consider this sub-item directly in plenary meeting?

It was so decided.
The President

May I further take it that the Assembly agrees to proceed immediately to the consideration of sub-item (a) of agenda item 17?

It was so decided.

Agenda item 17 (continued)

Appointments to fill vacancies in subsidiary organs and other appointments

(a) Appointment of members of the Advisory Committee on Administrative and Budgetary Questions
Note by the Secretary-General (A/57/101/Add.1/Rev.1)
The President

In his note, the Secretary-General also informs the General Assembly that the Government of Japan has nominated Mr. Jun Yamazaki to fill the vacancy arising from the resignation of Mr. Takahara. The note further states that the President of the General Assembly was informed by the Chairman of the Group of Asian States that the candidature of Mr. Yamazaki has been endorsed by the Group.

May I therefore take it that it is the wish of the Assembly to appoint Mr. Jun Yamazaki as a member of the Advisory Committee on Administrative and Budgetary Questions for a term of office beginning on 29 January 2003 and ending on 31 December 2004?

It was so decided.
The President

The Assembly has thus concluded this stage of its consideration of sub-item (a) of agenda item 17.

Agenda item 18

Election of judges of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January and 31 December 1994

Letter from the President of the Security Council (A/57/491)
Memorandum by the Secretary-General, including the list of candidates (A/57/492 and Corr.1)
Curricula vitae (A/57/493)
The President

The General Assembly will proceed to the election of eleven permanent judges of the International Criminal Tribunal for Rwanda for a four-year term of office commencing on 25 May 2003.

As members are aware, at the 52nd plenary meeting of the fifty-third session, held on 3 November 1998, the General Assembly elected the nine judges of all three Trial Chambers of the International Criminal Tribunal for Rwanda. Their terms of office are due to expire on 24 May 2003.

By its resolution 1329 (2000), of 30 November 2000, the Security Council decided to increase the number of judges in the Appeals Chamber of the International Criminal Tribunal for Rwanda and of the International Tribunal for the Former Yugoslavia. In order that the increase in the number of judges in the Appeals Chamber might be made, the Security Council also decided that two additional judges should be elected as soon as possible as judges of the International Criminal Tribunal for Rwanda, and that the judges so elected should serve until the expiry of the terms of office of the judges currently serving on the Tribunal.

At the 99th plenary meeting of the fifty-fifth session, held on 24 April 2001, the General Assembly elected the two additional judges. The terms of office of the two additional judges so elected are also due to expire on 24 May 2003.

The election of the eleven permanent judges will take place in accordance with the relevant provisions of article 12 and article 12 bis of the Statute of the International Criminal Tribunal for Rwanda, as amended by the Security Council in its resolution 1431 (2002), of 14 August 2002.

In accordance with article 12 bis, paragraph 1 (d), of the Statute of the International Criminal Tribunal for Rwanda, as amended by the Security Council, the Holy See, being a non-member State that maintains a permanent observer mission at United Nations Headquarters, will participate in the election in the same manner as the States Members of the United Nations. I am happy to welcome here the representative of the Holy See.

In accordance with subparagraph 1 (c) of article 12 bis of the Statute of the International Criminal Tribunal for Rwanda, the Security Council, at its 4666th meeting, held on 13 December 2002, established a list of 23 candidates for transmittal to the General Assembly. The list, which was adopted by the Council in resolution 1449 (2002), of 13 December 2002, was formally conveyed to the President of the General Assembly by a letter dated 13 December 2002 from the President of the Security Council. The letter was issued as document A/57/491.

I would like to take this opportunity to draw the attention of the Assembly to the other documents relating to the election.

The memorandum by the Secretary-General concerning the election of judges of the International Criminal Tribunal for Rwanda is contained in document A/57/492 and corrigendum 1. The list of candidates can be found in paragraph 11 of document A/57/492. The curricula vitae of the candidates are contained in document A/57/493. In that connection, I would like to bring to the Assembly's attention article 12 of the Statute of the International Criminal Tribunal for Rwanda, as amended, which stipulates that permanent judges of the Tribunal shall be persons of high moral character, impartiality and integrity who possess the qualifications required in their respective countries for appointment to the highest judicial offices. According to the same provision, due account shall be taken in the overall composition of the Chambers of the Tribunal of the experience of the judges in criminal law and international law, including international humanitarian law and human rights law.

Also in connection with this election, I would like to bring to the attention of the General Assembly the following. Given the similar nature of the election of judges of the International Court of Justice and the election of judges of the International Criminal Tribunal for Rwanda, it was decided at the time of the elections of judges in 1995, 1998 and 2001 to follow similar election procedures in the General Assembly. In his memorandum contained in document A/57/492, the Secretary-General suggests, in paragraph 12 (b), that those precedents be followed and that rule 151 of the rules of procedure of the General Assembly be applied to the election of permanent judges of the International Criminal Tribunal for Rwanda.

Unless I hear any objection, I shall take it that the Assembly agrees to that suggestion.

It was so decided.
The President

In accordance with paragraph 1 (d) of article 12 bis of the Statute of the International Criminal Tribunal for Rwanda, as amended, the candidates who receive an absolute majority of the votes of States Members of the United Nations and of the non-member State shall be declared elected. The consistent practice of the United Nations has been to interpret the words "absolute majority" as meaning a majority of all electors, whether or not they vote or are allowed to vote. The electors, for this purpose, are all 191 Member States, together with the non-member State the Holy See. Accordingly, 97 votes constitute an absolute majority for the purpose of the present election.

If, in the first ballot, the number of candidates obtaining an absolute majority is less than 11, a second ballot will be held, and balloting will continue in the same meeting, if and as necessary, until 11 candidates have obtained an absolute majority. In any second or subsequent ballot, each elector may vote for no more than 11 candidates, less the number of candidates who have already obtained absolute majorities.

Following the practice in the election of judges of the International Court of Justice, the Secretary-General suggests in his memorandum that any second or subsequent balloting shall be unrestricted. Votes may accordingly be cast in any second or subsequent ballot for any eligible candidate who has not yet obtained an absolute majority.

It is further suggested that, following the practice in the election of the judges of the International Court of Justice, if more than 11 candidates obtain an absolute majority of votes in the first ballot, a second ballot will be held on all candidates, and balloting will continue at the same meeting, if and as necessary, until 11 candidates, and no more, have obtained an absolute majority.

Unless I hear any objection, I shall take it that the Assembly agrees to the procedures I have just outlined.

It was so decided.
The President

I now give the floor to the Observer of the Holy See.

Archbishop Migliore (Holy See)

The Holy See has been following with attention the activities of the International Tribunal for Rwanda, and it regards the Tribunal as a juridical instrument of the international community to express its condemnation of violations of international humanitarian law. In consideration of its specific nature and its objectives, and in accordance with the recognized practices in similar cases, the Holy See, although invited to participate in the voting process, has decided, as in previous occasions, to abstain from casting its votes on the individual candidates for the office of judge of the International Tribunal for Rwanda.

My delegation wishes to take this opportunity to renew its confidence in the choices that will be made by the international community and to express to the judges who will be elected today the best wishes for success in their efforts to promote justice, reconciliation and peace in Rwanda.

The President

Before we begin the voting process, I should like to remind members that pursuant to rule 88 of the rules of procedure of the General Assembly,

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

Therefore, any announcement such as those concerning withdrawals of candidatures should be made prior to the commencement of the voting process, that is to say, before the announcement of the beginning of the voting process.

I should like to seek the usual cooperation of representatives during the time of the conduct of the election. Please be reminded that during the voting process, all campaigning should cease in the General Assembly Hall. This means, in particular, that once the election has begun, no more campaign material can be distributed inside the Hall. All delegates are also requested to remain at their seats so that the voting process can proceed in an orderly manner. I thank you for your cooperation.

We shall now begin the voting process. Ballot papers will now be distributed.

I request representatives to use only those ballot papers that are being distributed. Representatives may vote for no more than 11 candidates. Only those candidates whose names appear on the ballot papers are eligible for election. Representatives will indicate the 11 candidates for whom they wish to vote by placing crosses to the left of their names on the ballot papers. Ballot papers on which more than 11 names are marked will be considered invalid. Votes may be cast only for those whose names appear on the ballot papers.

At the invitation of the President, Mr. Mangueira (Angola), Ms. Stanley (Ireland), Mr. Kipkemei Kottut (Kenya), Ms. Phonseya (Lao People's Democratic Republic), Mr. Ruckelshaussen Villarejo (Paraguay) and Mr. Staszak (Poland) acted as tellers.
A vote was taken by secret ballot.
The meeting was suspended at 10.50 a.m. and resumed at 12.20 p.m.
The President --> -->
 
 
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