General Assembly Session 61 meeting 81

The President

The General Assembly will consider the reports of the Third Committee on agenda items 41, 60, 61, 63 to 68, 98, 99, 110 and 118.

I request Ms. Elena Molaroni of San Marino, Rapporteur of the Third Committee, to introduce, in one intervention, the reports of the Third Committee.

Ms. Molaroni (San Marino)

I have the great honour to present for consideration the following reports of the Third Committee on the agenda items allocated to it by the General Assembly.

Under agenda item 41, entitled "Report of the United Nations High Commissioner for Refugees, questions relating to refugees, returnees and displaced persons and humanitarian questions", the Third Committee recommends in paragraph 21 of its report (A/61/436) the adoption of four draft resolutions.

Under agenda item 60, entitled "Social development", including sub-items (a) to (d), the Third Committee recommends, in paragraph 22 of document A/61/437, the adoption of three draft resolutions. I should like to make two small corrections to that document. In paragraph 6, Monaco should be listed among the sponsors of draft resolution A/C.3/61/L.4, entitled "United Nations Literacy Decade: education for all"; and, in paragraph 18, Slovenia should be A/C.3/61/L.6, entitled "Follow-up to the Second World Assembly on Ageing".

Under agenda item 61, entitled "Advancement of women", including sub-items (a) and (b), the Third Committee recommends, in paragraph 27 of document A/61/438, the adoption of three draft resolutions. In paragraph 28 of the same document, the Third Committee recommends the adoption a draft decision. I would like to draw the attention of the Assembly to a correction to paragraph 3 of that report. Document A/C.3/61/4, which contains a letter dated 11 October 2006 from the Permanent Representative of Turkmenistan addressed to the Secretary-General, should have been included in the list of documents for consideration under agenda item 61.

Under agenda item 63, entitled "Promotion and protection of the rights of children", including sub-items (a) and (b), the Third Committee recommends, in paragraph 20 of document A/61/439, the adoption of one draft resolution. In paragraph 21 of the same document, the Third Committee recommends the adoption a draft decision.

Under agenda item 64, entitled "Indigenous issues", the Third Committee recommends, in paragraph 7 of document A/61/440, the adoption of one draft decision. I would like to draw the attention of the Assembly to a correction to paragraph 3 (a) of that report. In that regard, paragraph 3 (a) should read as follows: "Report of the United Nations High Commissioner for Refugees on the status of the United Nations Voluntary Fund for Indigenous Populations (A/61/376)".

Under agenda item 65, entitled "Elimination of racism and racial discrimination", including sub-items (a) and (b), the Third Committee recommends, in paragraph 23 of document A/61/441, the adoption of three draft resolutions.

Under agenda item 66, entitled "Right of peoples to self-determination", the Third Committee recommends, in paragraph 21 of document A/61/442, the adoption of three draft resolutions. In paragraph 22 of the same document, the Third Committee recommends the adoption of one draft decision.

Under agenda item 67, entitled "Promotion and protection of human rights", the Third Committee recommends, in paragraph 5 of document A/61/443, the adoption of one draft decision.

Under sub-item (a) of agenda item 67, entitled "Implementation of human rights instruments", the Third Committee recommends, in paragraph 10 of document A/61/443/Add.1, the adoption of one draft resolution.

Under sub-item (b) of agenda item 67, entitled "Human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms", the Third Committee recommends, in paragraph 123 of document A/61/443/Add.2, the adoption of 20 draft resolutions. I would like to make two corrections to that document. In paragraph 25, which deals with draft resolution A/C.3/61/L.19, entitled "Missing persons", Liechtenstein should be added to the list of sponsors. In paragraph 74, which deals with draft resolution A/C.3/61/L.29/Rev.1, entitled "Protection of migrants", Tajikistan and Uruguay should be added to the list of sponsors.

Under sub-item (c) of agenda item 67, entitled "Human rights situations and reports of special rapporteurs and representatives", the Third Committee recommends, in paragraph 70 of document A/61/443/Add.3, the adoption of four draft resolutions. With regard to draft resolution A/C.3/61/L.41, Bulgaria should be listed as a sponsor.

No proposals were submitted in connection with sub-item (d) of agenda item 67, entitled "Comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action".

Under agenda item 68, entitled "Report of the Human Rights Council", the Third Committee recommends, in paragraph 28 of document A/61/448, the adoption of two draft resolutions. In paragraph 29 of the same document, the Committee recommends, the adoption of one draft decision. In addition, two corrigenda have been issued in connection with document A/61/448: corrigendum 1, which has been issued only in Arabic, and corrigendum 2, which has been issued in connection with the English text.

Under agenda item 98, entitled "Crime prevention and criminal justice", the Third Committee recommends, in paragraph 25 of document A/61/444, the adoption of four draft resolutions. In paragraph 26 of the same document, the Committee recommends the adoption of one draft decision. I would like to draw the attention of the Assembly to a correction to be made to paragraph 3 of that report. Document A/61/368, which contains a letter dated 18 September 2006 from the Permanent Representative of Spain to the United Nations addressed to the Secretary-General, should have been included in the list of documents for consideration under agenda item 98.

Under agenda item 99, entitled "International drug control", the Third Committee recommends, in paragraph 12 of document A/61/445, the adoption of one draft resolution.

Under agenda item 110, entitled "Revitalization of the work of the General Assembly", the Third Committee recommends, in paragraph 5 of document A/61/446, the adoption of one draft decision.

Finally, under agenda item 118, entitled "Programme planning", the Third Committee recommends, in paragraph 6 of document A/61/447, the adoption of one draft decision.

Before I conclude, I should like to thank my fellow members of the Bureau of the Third Committee for their support and help in ensuring the successful completion of the work of the Committee. Having said that, I respectfully commend the reports of the Third Committee to the General Assembly for its consideration.

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 Third 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 Third 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 recommendations contained in the reports of the Third 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 Third Committee, unless the Secretariat is notified otherwise in advance. That means that, where separate or recorded votes were taken, we will do the same. I should also hope that we may proceed to adopt without a vote those recommendations that were adopted without a vote in the Third Committee.

I remind the Assembly that we will shortly be taking action on draft resolutions recommended for adoption by the Third Committee. As such, those draft resolutions can no longer be additionally sponsored in plenary meeting by Member States. Any corrections that delegations may have concerning the reports of the Third Committee, including the listing of sponsors of draft resolutions contained in the Committee's reports, should be submitted to the Secretary of the Third Committee for the issuance of corrigenda.

Before we proceed further, I would like to draw the attention of members to a note distributed desk to desk by the secretariat. That note will serve as a reference guide for action on draft resolutions and decisions recommended by the Third Committee in its reports. In that connection, members will find, in column 3 of the note, the numbers of the draft resolutions or decisions on which action is to be taken in plenary meeting, with the corresponding Third Committee document numbers of the draft resolutions or decisions in column 4.

The President

The Assembly has before it four draft resolutions recommended by the Third Committee in paragraph 21 of its report. We will now take a decision on draft resolutions I to IV.

Draft resolution I is entitled "Enlargement of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees". The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?

The President

Draft resolution II is entitled "Office of the United Nations High Commissioner for Refugees". The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

The President

Draft resolution III is entitled "New international humanitarian order". The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?

The President

Draft resolution IV is entitled "Assistance for refugees, returnees and displaced persons in Africa". The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

The President

I now give the floor to the representative of the Bolivarian Republic of Venezuela, who wishes to speak in explanation of position following the adoption of the draft resolutions.

Mr. Cabello Guerra (Venezuela)

With regard to the adoption of resolution 61/137, entitled "Office of the United Nations High Commissioner for Refugees", the Bolivarian Republic of Venezuela would like to reaffirm its commitment to the protection of refugees in accordance with the 1967 Protocol relating to the Status of Refugees to the Convention on that subject, of which we have been a party since 2 July 1986. The Government of Venezuela would also like to reaffirm its political will to continue to implement concrete measures to provide ongoing and immediate attention to asylum seekers without any discrimination, as well as to prevent social exclusion and facilitate the integration and participation of refugees in community life, given the massive flows of individuals who have come to Venezuela in the past four years.

Our country is pleased at the return of more than 6 million refugees to their homes since 2002. We are also pleased at the impressive decrease in the number of asylum applications worldwide, as noted in the report (A/61/12) of the High Commissioner.

We also share the concern at the spread of the problem of sexual and gender-based exploitation and violence, as well as the alarming phenomenon of the forcible recruitment of children. In that regard, we commend the Office of the High Commissioner for the efforts made to address those problems, especially its awareness-raising campaigns involving all stakeholders concerned and its work with other organizations and programmes with relevant mandates, such as the World Food Programme and Joint United Nations Programme on HIV/AIDS, among others. Our country also agrees with some of the conclusions of the Executive Committee.

Our country would also like to express its great concern about the fact that -- although the Office of the United Nations High Commissioner for Refugees (UNHCR) has acknowledged that repatriation and voluntary return constitute the lasting solution with the most positive impact upon refugees and internally displaced persons throughout the years -- the resolution and its predecessors have weakened the obligations and responsibilities of States to address the underlying causes of the phenomenon of refugees and internally displaced persons. That has been made even worse this year by the elimination, in paragraph 6, of reference to the need for political will on the part of Governments so that, in cooperation with UNHCR, the problem of internally displaced persons and refugees could be addressed more effectively. The same applies to paragraph 8. The Bolivarian Republic of Venezuela would like to recall that, in accordance with article 2 of the Protocol relating to the Status of Refugees, it is the obligation of States parties to cooperate with UNHCR in the exercise of its functions. As established in paragraph 23 of part I of the Vienna Declaration and Programme of Action, such cooperation requires the development of strategies to address the root causes and effects of movements of refugees and other displaced persons.

We would also like to point out that clear violations of human rights -- especially those committed in the course of armed conflict -- are one of the manifold complex factors that lead to the displacement of people. Given that repatriation and voluntary return provide for the most beneficial and lasting solution, it is difficult for the Office to achieve its objectives without the commitment of States and Governments to address the root causes of the phenomenon so that, once refugees have returned home, they can enjoy a life of dignity free from the dangers that led to their displacement in the first place. The reference in paragraph 9 of the resolution to the catalytic role of UNHCR to mobilize assistance from the international community to address the root causes of the refugee phenomenon has thus been diluted, for it is not balanced by obligations on the part of States concerned and places an undue burden on the international community.

Furthermore, with regard to the phenomenon of mixed migratory flows, the Bolivarian Republic of Venezuela wishes to express its concern at the confused language in paragraph 21 of draft resolution II, concerning mixed migratory flows. The mandate of the Office of the United Nations High Commissioner for Refugees is very clearly established in the Convention relating to the Status of Refugees and in the corresponding 1967 Protocol, so it is surprising that there should continue to be doubts in that regard.

Once again, our country urges that the problem of the forcible displacement of persons be addressed from a perspective that enables us to find the lasting solutions we seek -- solutions that will give displaced persons a real chance to return to their homes in safety and dignity. That is why we must eradicate the causes of this phenomenon, which produce so much suffering and endanger so many human beings throughout the world.

The President

We have heard the only speaker in explanation of position.

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 41?

The President

The Assembly has before it three draft resolutions recommended by the Third Committee in paragraph 22 of its report. We will now take a decision on draft resolutions I, II and II.

Draft resolution I is entitled "United Nations Literacy Decade: education for all". The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

The President

Draft resolution II is entitled "Implementation of the outcome of the World Summit for Social Development and of the twenty-fourth special session of the General Assembly". The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

The President

Draft resolution III is entitled "Follow-up to the Second World Assembly on Ageing". The Third Committee adopted it without a vote. May I take it 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 60?

The President

The Assembly has before it three draft resolutions recommended by the Third Committee in paragraph 27 of its report and one draft decision recommended by the Committee in paragraph 28 of the same report. We will now take a decision on draft resolutions I, II and III and on the draft decision.

We turn first to draft resolution I, entitled "Intensification of efforts to eliminate all forms of violence against women". The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

The President

Draft resolution II is entitled "Trafficking in women and girls". The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?

The President

Draft resolution III is entitled "Follow-up to the Fourth World Conference on Women and full implementation of the Beijing Declaration and Platform for Action and the outcome of the twenty-third special session of the General Assembly". The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

The President

We now turn to the draft decision, entitled "Documents considered by the General Assembly in connection with the question of the advancement of women". May I take it that the Assembly wishes to adopt the draft decision recommended by the Third Committee?

The President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda 61?

The President

The Assembly has before it a draft resolution recommended by the Third Committee in paragraph 20 of its report and a draft decision recommended by the Committee in paragraph 21 of the same report.

We will now take a decision on the draft resolution entitled "Rights of the child".

I call on the representative of Uruguay, who wishes to speak on a point of order.

Mr. Álvarez (Uruguay)

I believe that a procedural problem has arisen. Two paragraphs of the draft resolution contained in document A/61/439 are different from those that were adopted in the Third Committee.

In the Committee, draft resolution A/C.3/61/L.16/Rev.1 was adopted, but with different content from the draft resolution that appears in the Committee's report. First, there is an editorial error in operative paragraph 12 (e), which must have occurred when the paragraph was included. The first line of this paragraph differs from that of the corresponding paragraph in the text of draft resolution A/C.3/61/L.16/Rev.1. There is also an error in operative paragraph 17 (a), in which the phrases appear in a different order. That is the responsibility of those who edited the text and could have consequences with regard to the text before us for adoption.

At the same time, we could proceed if there were agreement that the text on which we are taking action is as it appears in document A/C.3/61/L.16/Rev.1: the draft resolution as adopted by the Third Committee.

The President

In the absence of objection, we shall proceed to take action on the draft resolution as it was adopted in Third Committee, that is, as it appears in document A/C.3/61/L.16/Rev.1. A recorded vote has been requested.

The President

We turn now to the draft decision entitled "Report of the Committee on the Rights of the Child". May I take it that the Assembly wishes to adopt the draft decision recommended by the Third Committee in paragraph 21 of its report (A/61/439)?

The President

I now give the floor to the representative of the Syrian Arab Republic for an explanation of vote on the resolution just adopted.

Mr. Ali (Syria)

The Assembly has just adopted resolution 61/146, on the rights of the child. My delegation voted in favour.

The Syrian Arab Republic is working on the ground, within its legislative and legal frameworks, to defend and strengthen childhood and the rights of the child. My country has acceded to the Convention on the Rights of the Child and its two Optional Protocols. We have no objection whatsoever to the substance of the resolution just adopted, and we appreciate the efforts made by the countries that presented it.

However, we reserve the right to interpret operative paragraphs 8, 10, 11 and 28 of the resolution in the light of our national legislation, because our views on those matters were not taken into account during the informal consultations.

The President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 63?

The President

The Assembly has before it a draft decision recommended by the Third Committee in paragraph 7 of its report. The draft decision is entitled "Documents considered by the General Assembly in connection with indigenous issues". May I take it that the Assembly wishes to adopt it?

The President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 64?

The President

The Assembly has before it three draft resolutions recommended by the Third Committee in paragraph 23 of its report. We will now take a decision on draft resolutions I, II and III.

Draft resolution I is entitled "Inadmissibility of certain practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance". A recorded vote has been requested.

The President

Draft resolution II is entitled "International Convention on the Elimination of All Forms of Racial Discrimination". The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

The President

Draft resolution III is entitled "Global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action". A recorded vote has been requested.

The President

I give the floor to the representative of Finland, who wishes to make a statement in explanation of vote after the voting.

Mr. Jokinen (Finland)

It was our intention to explain our vote before the voting, but, with your indulgence, Madam President, I will do so now.

I have the honour to speak on behalf of the European Union. The acceding countries Bulgaria and Romania, the candidate countries the former Yugoslav Republic of Macedonia, the countries of the Stabilization and Association Process and potential candidates Albania and Bosnia and Herzegovina, Montenegro, Serbia and the European Free Trade Association (EFTA) countries Iceland and Liechtenstein members of the European Economic Area, as well as Ukraine and Moldova, align themselves with this declaration.

As a result of developments that have taken place since the Third Committee ended its session, it has become necessary for the European Union to speak in explanation of vote regarding the draft resolution entitled "Global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action".

The European Union attaches the highest importance to combating all forms of racism, racial discrimination, xenophobia and related intolerance. Over the years we have set up a number of institutions and policies to meet this important goal. To mention just one recent example, the year 2007 has been designated by the European Union as the European year for equal opportunities for all -- a year devoted to combating all types of discrimination.

The European Union is firmly committed to the implementation of the Declaration and Programme and Action of the Durban World Conference. In accordance with our policies of combating racism and promoting human rights and multilateral, we have made a concrete, realistic and constructive follow-up to the Durban Declaration and Programme of Action. We have repeatedly stressed that, in the light of the gravity of the subject, the follow-up must be agreed by consensus and has to be carried out as a joint effort of the whole international community. Attempts to politicize the issue should be utterly rejected by all those who are genuinely committed to moving forward together on this crucial issue.

Less than three weeks ago, the Third Committee of the General Assembly adopted draft resolution III contained in report A/61/441 on global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action, presented by the Russian Federation and South Africa on behalf of the member States of the Group of 77 and the People's Republic of China.

The European Union had a number of serious concerns regarding the proposals put forward in the negotiations. However, we resolved to negotiate in good faith and sought actively to engage all delegations, including the main sponsors, so as to overcome differences and reach a conclusion that could be supported by all delegations and would make a genuine contribution to the comprehensive implementation and follow-up to the Durban Declaration and Programme of Action.

The European Union was able to vote in favour of the draft resolution, as we have done in previous years, on the basis of the following understanding, which the main sponsors of the draft resolution assured us was the framework within which it would be put to effect.

First, the review of the implementation of the Durban Declaration and Programme of Action would be conducted in the framework of the General Assembly. Secondly, the review would focus on the implementation of what was agreed at Durban and would not involve any reopening of the Durban Declaration and Programme of Action. Thirdly, any preparatory work done by the Human Rights Council would not entail the creation of new mechanisms. Fourthly, the Human Rights Council would use for that end its relevant existing follow-up mechanisms, especially the intergovernmental working group on the effective implementation of the Durban Declaration and Programme of Action. Fifthly, the further study of the content and scope of substantive and procedural gaps for combating racism, as identified by the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, would be carried out by a group of five experts, who would produce a base document containing concrete recommendations on the means by which such gaps could be bridged, including, but not limited to, the possible drafting of an additional protocol to the Convention on the Elimination of All Forms of Racial Discrimination or the adoption of new instruments.

It was with profound dismay and surprise that the European Union, having participated in good faith in the negotiations in the General Assembly, learned a few days later of two texts, contained in documents A/HRC/3/L.2 and A/HRC/3/L.3, which had been submitted at the third session of the Human Rights Council by some of the main sponsors of the draft resolution just adopted by the Third Committee, with the support of 174 States Members of the United Nations. These texts completely contradicted both the spirit and the letter of draft resolution III in report A/61/441 and the agreed understanding explained earlier, as well as the consensus reached in Geneva at the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action. Such a breach of trust casts doubt on the commitment of those States to pursue a consensus approach on this issue.

We note once again that the most effective way forward is one in which all members of the international community can participate equally.

In Geneva, the European Union sought to engage the sponsors of the Human Rights Council draft resolutions in negotiations with the objective of bringing the text into agreement with the draft resolution adopted by the Third Committee. To our deep regret, our efforts met with inexplicable indifference. For obvious reasons, neither text managed to reach anything close to consensus at the Human Rights Council. We were compelled to join other delegations in voting against them.

The European Union would like to draw the attention of delegations to the fact that operative paragraphs 33 and 36 of the present resolution reflect the agreement that was reached among delegations to the Third Committee on the review of the implementation of the Durban Declaration and Programme of Action, and on the process through which the framework for combating racism is to be further developed.

It is the understanding of the European Union that this review and this process will take place transparently and by consensus, in accordance with the provisions of operative paragraphs 33 and 36, respectively, of the present resolution. Those paragraphs form the basis on which the European Union was able to vote in favour of the draft resolution in the Third Committee. Any reinterpretation of this understanding is unacceptable.

We call on the sponsors of draft resolution III to take the necessary steps in Geneva to restore the agreed course of action and ensure that the resolution just adopted by the General Assembly is properly implemented so that the Human Rights Council and the Third Committee may continue to work towards the same goal in a cohesive and coherent manner.

As we stated in the beginning of this explanation, the European Union attaches great importance to combating racism in all its forms. We intend to take an active part in the implementation of the present resolution. In doing so, we will firmly resist any effort to exploit this issue for political gain. Let us be clear. The fact that the assurances made to us by some delegations in New York were broken in Geneva is unacceptable. Negotiations cannot prosper in an atmosphere of bad faith. For its part, the European Union will continue to negotiate in good faith. We expect the same from others.

It was on that basis that the European Union was able to vote in favour of draft resolution III, just adopted by the General Assembly.

The President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 65?

The President

The Assembly has before it three draft resolutions recommended by the Third Committee in paragraph 21 of its report and a draft decision recommended by the Committee in paragraph 22 of the same report. We will now take a decision on draft resolutions I, II and III, and on the draft decision.

Draft resolution I is entitled "Universal realization of the right of peoples to self-determination". The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

The President

Draft resolution II is entitled "Use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination". A recorded vote has been requested.

The President

Draft resolution III is entitled "The right of the Palestinian people to self-determination". A recorded vote has been requested.

The President

We turn now to the draft decision entitled, "Report of the Secretary-General on the universal realization of the right of peoples to self-determination". May I take it that the Assembly wishes to adopt the draft decision recommended by the Third Committee?

The President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 66?

The President

The Assembly has before it a draft decision recommended by the Third Committee in paragraph 5 of its report. We will now take action on the draft decision. The draft decision is entitled "Reports considered by the General Assembly in connection with the promotion and protection of human rights". May I take it that the Assembly wishes to adopt the draft decision recommended by the Third Committee?

The President

The General Assembly has thus concluded this stage of its consideration of agenda item 67.

The President

The Assembly has before it a draft resolution recommended by the Third Committee in paragraph 10 of its report. We will now take a decision on the draft resolution. The draft resolution is entitled "Torture and other cruel, inhuman or degrading treatment or punishment". The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?

The President

May I take it that it is wish of the General Assembly to conclude its consideration of sub-item (a) of agenda item 67?

The President

The Assembly has before it 20 draft resolutions recommended by the Third Committee in paragraph 123 of its report.

In connection with draft resolution VI, I give the floor to the representative of the Secretariat.

Ms. Kelley (Director, General Assembly and Economic and Social Council Affairs Division)

I would like to inform members that, in connection with draft resolution VI, entitled "Composition of the staff of the Office of the United Nations High Commissioner for Human Rights", under the terms of subparagraph (b) of operative paragraph 1 of the draft resolution, the General Assembly would decide

"To allow, in the effort to redress the specific geographic imbalance of the Office of the United Nations High Commissioner for Human Rights, the establishment of a temporary mechanism whereby recruitment of staff in the Office at the P-2 level would not be restricted to successful candidates from the national competitive examination".

This provision would be significantly at variance with the principle that recruitment at the P-2 level is exclusively through competitive examination, which has been affirmed repeatedly by the General Assembly, including in paragraph 15 of section III B of resolution 51/226, paragraph 17 of section V of resolution 53/221, paragraph 13 of section IV of resolution 55/258 and paragraph 7 of section II of resolution 57/305, which reaffirms the provisions of section IV of resolution 55/258.

As explained in paragraph 16 of the Secretary-General's comments on the recommendation of the Joint Inspection Unit in its report on the follow-up to the management review of the Office of the United Nations High Commissioner for Human Rights (A/61/115/Add.1), matters relating to competitive examination are under the authority of the Office of Human Resources Management, rather than the Office of the United Nations High Commissioner for Human Rights. The Office of Human Resource Management organized, in 2005, a specialized examination in human rights, as a result of which 29 candidates were placed on the roster. Requesting the High Commissioner for Human Rights to take measures to implement the draft resolution would allow the recruitment of candidates for P-2 positions outside the roster, and could therefore prolong the time during which successful candidates would remain on the roster.

The President

I give the floor to the representative of Belarus, who wishes to speak in explanation of vote before the voting.

Ms. Petkevich (Belarus)

The delegation of the Republic of Belarus would like to take this opportunity to express its sincere gratitude to those States that voted in the Third Committee in favour of the draft resolution entitled "Promotion of equitable and mutually respectful dialogue on human rights" and to those that voted against the draft resolution entitled "Situation of human rights in Belarus" under agenda item 67 (c).

We believe that the prestige of the United Nations cannot and should not be used as a means of political pressure on sovereign States under the outlandish pretext of human rights violations. That runs counter to the very nature of our Organization. Unfortunately, we note that it is precisely those methods that are being used with regard to the Republic of Belarus.

Confrontation between States and mutual accusations have never been an effective means of resolving important international problems. It is impossible to ensure the implementation of the Universal Declaration on Human Rights by adopting politically motivated resolutions. As is well known, a stick can kill, but it will never cure.

Draft resolution XIII, entitled "Promotion of equitable and mutually respectful dialogue on human rights", takes a fundamentally different approach. The draft resolution encourages respect for the principles of equality and self-determination and the political, economic and cultural diversity of States, and underlines the importance of promoting mutual understanding among civilizations, cultures and religions through dialogue. Such an approach will facilitate the true promotion of human rights in every country.

The Republic of Belarus believes in an equitable and mutually respectful dialogue on human rights based on an unbiased analysis of objective data on the human rights situation in a particular country.

We firmly believe that the Human Rights Council will become an authoritative body able to ensure constructive cooperation on human rights under the auspices of the United Nations. Draft resolution XIII, entitled "Promotion of equitable and mutually respectful dialogue on human rights", seeks to achieve that important goal. The draft resolution could, in fact, have been submitted under the agenda item on the reform of the United Nations.

We call on members to support draft resolution XIII. Its adoption would lay the foundation for the qualitative renewal of a major area of United Nations activities: the protection and promotion of human rights.

The President

We will now take a decision on draft resolutions I to XX, one by one. After all decisions have been taken, representatives will again have the opportunity to explain their votes.

We turn first to draft resolution I, entitled "The human rights situation arising from the recent Israeli military operations in Lebanon". A recorded vote has been requested.

The President

Draft resolution II is entitled "Missing persons".

I give the floor to the representative of Azerbaijan.

Ms. Adjalova (Azerbaijan)

My delegation, as a main sponsor of draft resolution II, entitled "Missing persons", would like to point out that for technical reasons one of the final amendments to draft resolution A/C.3/61/L.19, which was agreed upon by all delegations in the course of informal consultations in the Third Committee and appears in the final text of the draft resolution, was not included in the oral amendments made to the text when action was taken on the draft. I will therefore read out that amendment now.

The words "existing laws, practices," in operative paragraph 6 of draft resolution II should be replaced by the words "international and national legal".

This is not a new amendment; it was agreed to in the Third Committee. I am introducing it today because, for technical reasons, it was not included among the final oral amendments that were made when the draft resolution was adopted in the Third Committee. We thank all delegations for their understanding and hope that the amendment will be adopted.

The President

The representative of Azerbaijan has submitted an oral amendment to operative paragraph 6 of draft resolution II.

In accordance with rule 90 of the rules of procedure, the Assembly shall first take a decision on the amendment submitted by the representative of Azerbaijan.

May I take it that the Assembly wishes to adopt the oral amendment to operative paragraph 6 of draft resolution II submitted by the representative of Azerbaijan?

The President

Since the oral amendment to operative paragraph 6 of draft resolution II submitted by the representative of Azerbaijan has been adopted, we shall proceed to take a decision on draft resolution II, as orally amended.

The Third Committee adopted draft resolution II without a vote. May I take it that the Assembly decides to adopt draft resolution II, as orally amended?

The President

Draft resolution III is entitled "Globalization and its impact on the full enjoyment of all human rights". A recorded vote has been requested.

The President

Draft resolution IV is entitled "Human rights and extreme poverty". The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

The President

Draft resolution V is entitled "Subregional Centre for Human Rights and Democracy in Central Africa". The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

The President

Draft resolution VI is entitled "Composition of the staff of the Office of the United Nations High Commissioner for Human Rights". A recorded vote has been requested.