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General Assembly Session 58 meeting 83

Date8 April 2004

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A-58-PV.83 2004-04-08 10:00 8 April 2004 [[8 April]] [[2004]] /

Agenda item 127

Human resources management

Report of the Fifth Committee (A/58/750)
The President

The Assembly will now take a decision on the draft resolution recommended by the Fifth Committee in paragraph 9 of its report. I now call on the representative of Saudi Arabia, who wishes to speak in explanation of position before action is taken on the draft resolution.

Mr. Shobokshi (Saudi Arabia)

Allow me to thank the members of the Bureau of the Fifth Committee and Mr. Harold Agyeman, who coordinated efforts on the draft resolution under discussion today. I express my appreciation for his commitment and wise leadership as he conducted consultations on the sensitive concept of domestic partnership, or same-sex marriage.

Same-sex marriage is a taboo in all religions. It is a grave sin and a great mistake to believe that the ultimate goal in life is to satisfy one's desires, because such a belief marginalizes the role of religion in one's life and alienates one from the commonly agreed principles of societies. Such a belief gives free rein to the concept of individual freedom. Satisfying needs, even instincts, leads us to violate all sacred thought. Such extreme thinking alters societal concepts and human relations, runs counter to common sense and the requirements of coexistence and threatens the family unit.

My delegation strived to reach consensus in the Fifth Committee, prompted by a desire not to obstruct the work of the Committee. The Kingdom of Saudi Arabia would like to place on record its understanding of the concept of marriage, which can be only a contract between a man and a woman. That concept, shared by most countries, is consistent with holy religions and underpins humankind's dignity.

The Kingdom of Saudi Arabia would like to place on record that all interpretation of operative paragraph 1 of the draft resolution should be compatible with the spirit of the United Nations Charter with respect to the traditional concept of the family, and should be in accordance with regulation 12.3 of the Staff Regulations and Rules.

The President

The Assembly will now take a decision on the draft resolution recommended by the Fifth Committee in paragraph 9 of its report (A/58/750).

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

The draft resolution was adopted (resolution 58/285).
The President

I shall now call on those representatives who wish to speak in explanation of position on the resolution just adopted.

Mr. Elnaggar (Egypt)

In keeping with our position, which we made clear during the discussion of agenda item 127, "Human resources management", in formal and informal meetings of the Fifth Committee, the delegation of Egypt would like to state the following points.

First, the resolution the Assembly has just adopted reflects the positive, constructive spirit that should prevail among Member States in addressing the real and legitimate concerns of a sizeable number of Member States, regardless of their positions on a specific issue.

Second, in adopting this resolution, the General Assembly wishes to reaffirm its mandate and its ability to assume the role entrusted to it and wishes to prevent any attempt to bypass the Assembly.

Third, the Secretary-General's bulletin referred to in the resolution (ST/SGB/2004/4) has caused dismay among many countries of various religious and cultural traditions. The cause of dismay is that the bulletin contains concepts and terms not in conformity with the Staff Regulations and Rules or with the terms they use to define spouses and the family in the traditional manner to which we are accustomed.

Fourth, the resolution the Assembly has just adopted is clear and categorical and leaves no room for doubt or misinterpretation with respect to its rejection of any newly coined terms that run counter to that consensus. The General Assembly has requested that the Security-General's bulletin be reissued, taking into consideration the genuine concerns expressed by Member States. The bulletin's contents are to be carefully reviewed in order to bring them into conformity with the purposes and intentions of the Staff Regulations and Rules. That is a clear demand, which should be implemented faithfully, accurately and promptly.

Fifth, any amendments to the Staff Regulations and Rules should be submitted for the General Assembly's approval, in accordance with the provisions of the Staff Regulations and Rules.

Sixth, all interpretation of the Staff Regulations and Rules should be in conformity with the intentions and purposes of the provisions of the Staff Regulations and Rules. Member States should be informed of such interpretations sufficiently prior to the expected date of entry into force.

Seventh, we hope that paragraphs 2 and 3 of the resolution adopted by the Assembly will be implemented accurately, faithfully and promptly. Further, we underline our intention to follow this matter closely and our readiness to raise this issue again should circumstances so warrant.

Eighth, the General Assembly notes in paragraph 1 a practice employed by the Secretariat when dealing with staff. While we stress the need to refrain from discrimination and double standards when dealing with staff members of varying nationalities, we consider it essential that Member States be informed of all such practices and the basis for them, as well as the means of their implementation, in total transparency, so that we are all able to discuss them and examine their legal, procedural and substantive aspects with a view to the possibility of endorsing some or all of them. We believe that that would be the best way to guarantee the codification of those elements that we agree upon and to prevent a deadlock such as we encountered when the Secretary-General's bulletin was issued. In that context, we request that Member States be given a report on the implementation of such practices in all their aspects so that we can all reconsider them.

Mr. Danesh-Yazdi (Iran)

My delegation joined the consensus on the resolution just adopted by the General Assembly. I would like, however, to make the following remarks in explanation of my delegation's position on the resolution.

We attach great importance to human resources management as a crucial element of the Organization's ability to deliver its services in an efficient and effective manner. The United Nations Staff Regulations and Rules, as agreed upon by Member States, govern personnel policy for the staffing and administration of the Secretariat. The legitimacy and credibility of the work of the Secretariat in the administration of personnel matters is dependent on its adherence to the terms and provisions contained in the Staff Regulations and Rules. Clearly, any change or amendment to the Staff Regulations and Rules should be considered by the General Assembly for necessary action; accordingly, any interpretation of their provisions should be consistent with their intent and purposes and should be brought to the attention of Member States regularly.

The contents of bulletin (ST/SGB/2004/4), entitled "Family status for purposes of United Nations entitlements", caused serious concern to my delegation. While no decision has been made by the General Assembly to change the scope of the definition of the family for the purposes of entitlements, the contents of that bulletin introduce new terms and concepts that are alien to the letter and spirit of the United Nations Staff Regulations and Rules. More important, the contents of the bulletin are not in conformity with the many references to the terms "husband" and "wife" as specified in the Staff Regulations and Rules. As a matter of consistency with those important Regulations and Rules and as a matter of principle, marriage, which is only between a man and a woman, forms the basis of the institution of the family. Therefore, determining the personal status of the staff members for the purpose of entitlements should not deviate from the letter and spirit of the Staff Regulations and Rules.

In this context, any administrative measure that dilutes or is inconsistent with the principle to which I referred constitutes an amendment to the Staff Regulations and Rules and, therefore, requires consideration and action by the General Assembly. We emphasize that, in reviewing the contents of and reissuing the bulletin, those concerns and views should be given proper attention and full respect by the Secretariat.

The reason for this explanation of position is a sense of moral duty to preserve and strengthen the dignity of the thousands of men and women who, tirelessly and with dedication, perform their duties as members of the Secretariat. We respect all of them and we will continue to do so in the future.

Mr. Chaudhry (Pakistan)

My delegation is taking the floor to place on record its position on the draft resolution adopted on item 127, "Human resources management", as contained in document A/58/750.

The delegation of Pakistan regards the institutions of the family and marriage -- as a union between a man and a woman -- as sacrosanct. We therefore had reservations about the text of the Secretariat bulletin of 20 January 2004, which introduced concepts such as domestic partnerships, on which there is no consensus in the international community. We are pleased that the problem that arose as a result of the issuance of that bulletin has been addressed through a consensus resolution. We joined the consensus on the understanding that the revised bulletin will not contain any controversial or divisive terms which do not enjoy the consensus of the international community and that such controversial terms will not be universalized through administrative measures, such as that bulletin.

The President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 127?

It was so decided.
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