General Assembly Session 62 meeting 76

The President

The General Assembly will consider the reports of the Third Committee on agenda items 42, 62, 63, 65 to 69, 70 and its sub-items (a) to (f), 106, 107, 121 and 129.

I request the Rapporteur of the Third Committee, Ms. Tebatso Future Baleseng of Botswana, to introduce in one intervention the reports of the Third Committee.

Ms. Baleseng (Botswana)

I have the 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 42, 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 17 of document A/62/431, the adoption of three draft resolutions.

Under agenda item 62, entitled "Social development", the Third Committee recommends, in paragraph 47 of document A/62/432, the adoption of six draft resolutions and, in paragraph 48, the adoption of one draft decision.

Under agenda item 63, entitled "Advancement of women", the Third Committee recommends, in paragraph 43 of Part II of document A/62/433, the adoption of seven draft resolutions and, in paragraph 44, the adoption of one draft decision.

Under agenda item 65, entitled "Report of the Human Rights Council", the Third Committee recommends, in paragraph 16 of document A/62/434, the adoption of one draft resolution and, in paragraph 17, the adoption of one draft decision.

Under agenda item 66, entitled "Promotion and protection of the rights of children", the Third Committee recommends, in paragraph 32 of document A/62/435, the adoption of four draft resolutions and, in paragraph 33, the adoption of one draft decision.

Under agenda item 67, entitled "Indigenous issues", the Third Committee recommends, in paragraph 7 of document A/62/436, the adoption of one draft decision.

Under agenda item 68, entitled "Elimination of racism and racial discrimination", the Third Committee recommends, in paragraph 26 of document A/62/437, the adoption of three draft resolutions and, in paragraph 27, the adoption of one draft decision.

Under agenda item 69, entitled "Right of peoples to self-determination", the Third Committee recommends, in paragraph 23 of document A/62/438, the adoption of three draft resolutions.

Under agenda item 70, entitled "Promotion and protection of human rights", the Third Committee recommends, in paragraph 5 of document A/62/439, the adoption of one draft decision.

Under agenda item 70 (a), entitled "Promotion and protection of human rights: implementation of human rights instruments", the Third Committee recommends, in paragraph 16 of document A/62/439/Add.1, the adoption of two draft resolutions. In addition, I would like to draw the attention of the Assembly to a correction which should be made to paragraph 7 of the report. The date of 31 October should be changed to read "1 November".

Under agenda item 70 (b), entitled "Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms", the Third Committee recommends, in paragraph 173 of document A/62/439/Add.2, the adoption of 19 draft resolutions and, in paragraph 174, the adoption of one draft decision. In operative paragraph 9 of draft resolution IX of the report, the words "pursuant to Human Rights Council decision 1-107" should be deleted.

Under agenda item 70 (c), entitled "Promotion and protection of human rights: human rights situations and reports of special rapporteurs and representatives", the Third Committee recommends, in paragraph 49 of document A/62/439/Add.3, the adoption of four draft resolutions.

Under agenda item 70 (d), entitled "Promotion and protection of human rights: comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action", the Third Committee, in document A/62/439/Add.4, advises that no action was taken under the sub-item.

Under agenda item 70 (e), entitled "Promotion and protection of human rights: Convention on the Rights of Persons with Disabilities", the Third Committee recommends, in paragraph 10 of document A/62/439/Add.5, the adoption of one draft resolution. In operative paragraph 2 of the draft resolution, the number "one hundred and eighteen" should be changed to "one hundred and nineteen" and the number "seven" should be changed to "fourteen".

Under agenda item 70 (f), entitled "Promotion and protection of human rights: celebration of the sixtieth anniversary of the Universal Declaration of Human Rights", the Third Committee recommends, in paragraph 8 of document A/62/439/Add.6, the adoption of one draft resolution.

Under agenda item 106, entitled "Crime prevention and criminal justice", the Third Committee recommends, in paragraph 24 of document A/62/440, the adoption of four draft resolutions and, in paragraph 25, the adoption of one draft decision.

Under agenda item 107, entitled "International drug control", the Third Committee recommends, in paragraph 12 of document A/62/441, the adoption of one draft resolution.

Under agenda item 121, entitled "Revitalization of the work of the General Assembly", the Third Committee recommends, in paragraph 6 of document A/62/442, the adoption of one draft decision.

Finally, under agenda item 129, entitled "Programme planning", in document A/62/443, the Third Committee agreed that no action was required by the Committee at the sixty-second session of the General Assembly.

Before concluding, I should like to thank the members of the Bureau of the Third Committee for their support and help in ensuring the successful completion of the work of the Committee. I respectfully commend the reports of the Third Committee to the plenary of 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 which 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, that is, 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 also remind delegations that, 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 a separate vote 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.

Before proceeding further, I would like to draw the attention of members to a note by the Secretariat, entitled "List of draft proposals contained in the reports of the Third Committee", which has been circulated as document A/C.3/62/INF/1. The note has been distributed desk to desk in the General Assembly Hall 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 the third column of the note, the numbers of the draft resolutions or decisions for action in the plenary, with the corresponding numbers of draft resolutions or decisions in the Third Committee in the fourth column of the same note.

The President

The Assembly has before it three draft resolutions recommended by the Third Committee in paragraph 17 of its report.

We will now take a decision on draft resolutions I to III.

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 "Assistance to 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 likewise?

The President

I call on the representative of the Syrian Arab Republic, who wishes to speak in explanation of vote.

Ms. Halabi (Syria)

My delegation has asked to speak in order to explain its position on resolution 62/124, entitled "Office of the United Nations High Commissioner for Refugees", just adopted by the Assembly.

My delegation joined the consensus because it believes that it is important to provide a dignified life to the refugees and the forcibly displaced until they are guaranteed a dignified return to their homeland, in accordance with all international, humanitarian and moral conventions and treaties, and because the issue of refugees is not only a humanitarian one at its core, but is also highly political in essence. We reaffirm that we joined the consensus in that particular context. Since my country is not a signatory to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, we also wish to reaffirm that my country will continue to cooperate with the United Nations, including the Office of the United Nations High Commissioner for Refugees, in order to facilitate its humanitarian work in assisting refugees and internally displaced persons in the framework of its national laws.

The international community is aware of the amount of assistance and cooperation that Syria extends to refugees on its territory, who currently number over 2 million, representing 12 per cent of its population. Despite that great burden on Syria, the international community has yet to offer a helping hand to our country, even though several international conferences have been convened to act on that important and worrying phenomenon.

The President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 42?

The President

The Assembly has before it six draft resolutions recommended by the Third Committee in paragraph 47 of its report and one draft decision recommended by the Committee in paragraph 48 of the same report.

I call on the representative of Qatar for an explanation of position before the voting.

Ms. Al-Thani (Qatar)

Upon instructions from my Government, I would like to place on record our explanation of position regarding draft resolution I, entitled "Policies and programmes involving youth: youth in the global economy -- promoting youth participation in social and economic development", included in the report of the Third Committee in document A/62/432.

This is the first time that my Government has co-sponsored a youth resolution in the Third Committee. Our co-sponsorship was in support of the major thrust of the draft resolution, which represents a national priority, reflects our national policy and aims for the future with regard to youth policy development.

Our main concern is the reference to the terminology "sexual and reproductive health" in the annex of the draft resolution. The purpose of our explanation of position is to note that reference to sexual and reproductive health has many interpretations, some of which are counter to our national legislation and religious beliefs. We will undertake such initiatives related to that terminology in accordance with our national laws, religious beliefs and national interests.

The President

We will now take a decision on draft resolutions I to VI and the draft decision, one by one.

Draft resolution I is entitled "Policies and programmes involving youth: youth in the global economy -- promoting youth participation in social and economic development". 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 "Implementation of the World Programme of Action concerning Disabled Persons: realizing the Millennium Development Goals for persons with disabilities". 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 "Cooperatives in social development". 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 "Follow-up to the tenth anniversary of the International Year of the Family and beyond". 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 "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

Draft resolution VI 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

We now turn to the draft decision, entitled "Report on the World Social Situation 2007". 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 62?

The President

Members will recall that, at its 62nd plenary meeting, on 6 December 2007, the Assembly considered the report of the Third Committee on this item, contained in document A/62/433 (Part I) and adopted the decision contained therein.

The Assembly has before it seven draft resolutions recommended by the Third Committee in paragraph 43 of its report and one draft decision recommended by the Committee in paragraph 44 of the same report.

Before proceeding further, I should like to inform members that action on draft resolution VI, entitled "Convention on the Elimination of All Forms of Discrimination against Women", is postponed to a later date to allow time for the review of its programme budget implications by the Fifth Committee. The Assembly will take action on draft resolution VI as soon as the report of the Fifth Committee on its programme budget implications is available.

We will now take a decision on draft resolutions I to V and draft resolution VII, as well as on the draft decision.

We turn first to draft resolution I, entitled "Violence against women migrant workers". 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 "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 likewise?

The President

Draft resolution III is entitled "Eliminating rape and other forms of sexual violence in all their manifestations, including in conflict and related situations". The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

The President

Draft resolution IV is entitled "United Nations Development Fund for Women". The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?

The President

Draft resolution V is entitled "Improvement of the situation of women in rural areas". The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

The President

Draft resolution VII 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 draft resolution VII 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

I shall now call on those representatives who wish to explain their position on the resolutions just adopted.

Ms. Halabi (Syria)

I wish to explain Syria's position on resolution 62/134, entitled "Eliminating rape and other forms of sexual violence in all their manifestations, including in conflict and related situations".

My delegation joined the consensus on the resolution in its belief in the importance and sensitivity of addressing this issue in all its manifestations, given its close relationship to the advancement of women. My delegation believes that the document is of a legal nature and should have covered all forms of legal accountability. Our understanding of this issue is that the text, especially the fifth preambular paragraph and operative paragraph 1, is totally in harmony with and should be addressed pursuant to international law, international humanitarian law and the Fourth Geneva Convention relative to the Protection of Civilian Persons in Times of War.

Mr. Rees (United States)

The United States must dissociate itself from the consensus on resolution 62/137, 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", for the reasons that we stated in the Third Committee.

The President

The General Assembly has thus concluded this stage of its consideration of agenda item 63.

The President

The Assembly has before it a draft resolution recommended by the Third Committee in paragraph 16 of its report and a draft decision recommended by the Committee in paragraph 17 of the same report.

Before proceeding further, I should like to inform Members that action on the draft resolution, entitled "Report of the Human Rights Council", is postponed to a later date to allow time for the review of its programme budget implications by the Fifth Committee. The Assembly will take action on the draft resolution as soon as the report of the Fifth Committee on its programme budget implications is available.

We shall now take action on the draft decision, entitled "Report of the Human Rights Council". May I take it that the Assembly wishes to adopt the draft decision recommended by the Third Committee?

The President

I call now on representatives wishing to speak in explanation of position on the decision just adopted.

Mrs. Eilon Shahar (Israel)

We disassociated ourselves from the report of the Human Rights Council in the Third Committee, and we would like to do the same at this time.

Mr. Rees (United States)

The United States too wishes to dissociate itself from the consensus on the report just adopted under agenda item 65, "Report of the Human Rights Council", with respect to the non-institution-building sections of the Human Rights Council's report, for the reasons that we stated in the Third Committee.

The President

The Assembly has thus concluded this stage of its consideration of agenda item 65.

The President

The Assembly has before it four draft resolutions recommended by the Third Committee in paragraph 32 of its report and a draft decision recommended by the Committee in paragraph 33 of the same report. The Assembly will now take a decision on the four draft resolutions and the draft decision, one by one.

Draft resolution I is entitled "Supporting efforts to end obstetric fistula". 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 "World Autism Awareness Day". 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 "The girl child". The Third Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?

The President

We now turn to draft resolution IV, entitled "Rights of the child". A recorded vote has been requested.

The President

We now turn to the draft decision, entitled "Documents considered by the General Assembly in connection with the promotion and protection of the rights of children". May I take that the Assembly wishes to adopt the draft decision recommended by the Third Committee?

The President

I call on the representative of the Syrian Arab Republic, who has asked to speak in explanation of vote after the vote.

Ms. Halabi (Syria)

My delegation would like to explain its vote with respect to the resolution just adopted entitled "Rights of the child". We voted in favour of the resolution. I would like to reaffirm that the Syrian Arab Republic is very practical in its approach to the rights of the child, using its national legislative and legal frameworks to promote and protect these rights. Our delegation has signed and ratified the Convention on the Rights of the Child and its two Optional Protocols.

We would like to stress that fundamentally we have no objections to the resolution that has just been adopted and we appreciate the efforts exerted by its sponsors, especially those pertaining to problems relating to the elimination of all forms of violence against children living under foreign occupation.

My delegation understands that operative paragraph 61 confers upon the Special Representative of the Secretary-General on violence against children a clear mandate to address all forms of violence against children living under foreign occupation. Syria reserves the right to interpret operative paragraphs 15, 17, 18 and 32 of the resolution in accordance with Syrian law.

The President

May I take it that it is the wish of the 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 7 of its report.

We will now take action on the draft decision, entitled "Document considered by the General Assembly in connection with indigenous issues". May I take it that the General 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 67?

The President

The Assembly has before it three draft resolutions recommended by the Third Committee in paragraph 26 of its report and one draft decision recommended by the Committee in paragraph 27 of the same report.

Before proceeding further, I should like to inform members that action on draft resolution II, 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", is postponed to a later date to allow time for the review of its programme budget implications by the Fifth Committee. The Assembly will take action on draft resolution II as soon as the report of the Fifth Committee on its programme budget implications is available.

I now call on the representative of the Russian Federation, who wishes to speak in explanation of vote before the voting.

Mr. Rogachev (Russia)

I am taking the floor with regard to the draft resolution entitled "Inadmissibility of certain practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance".

Unfortunately, during the voting in the Third Committee, not all delegations had the political will to support the draft resolution or to oppose those who are committing acts of violence against those of a different skin colour or religious faith, including immigrants and minorities.

Extremist groups, including "skinheads" -- motivated by an ideology and committing practices that the United Nations was created to resist -- and the glorification of those who were involved in the crimes of Nazism, including former members of the SS, who were recognized as criminals by the Nuremberg Tribunal, are inadmissible. Nevertheless, there have recently been frequent instances of, inter alia, the formal dedication of monuments to Nazis, the awarding of governmental decorations and the granting of State protection to individuals guilty of crimes against humanity, the designation of days commemorating liberation from Nazism as days of mourning, the harassment of anti-Fascists and the honouring of former members of the SS as "martyrs". Such actions clearly constitute abuses of the right to freedom of peaceful assembly, association, opinion and expression and may fall within the purview of article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, which would require that their perpetrators be brought to justice as criminals.

Therefore, the delegation of the Russian Federation calls on all those who seek to prevent a revival of Nazism and who are fighting for the elimination of racism, racial discrimination, xenophobia and related intolerance to vote in favour of the present draft resolution.

The President

We will now take a decision on draft resolutions I and III and on the one draft decision.

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 III is entitled "Report of the Human Rights Council on the preparations for the Durban Review Conference". A recorded vote has been requested.

The President

We now turn to the draft decision, entitled "Document considered by the General Assembly in connection with the elimination of racism and racial discrimination". May I take it that it is the wish of the General Assembly 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 68.

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 "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

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 69?

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, 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 70.

The President

The Assembly has before it two draft resolutions recommended by the Third Committee in paragraph 16 of its report. We will now take a decision on draft resolutions I and II.

We first turn to draft resolution I, entitled "International Covenants on Human Rights". 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 "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 the same?

The President

May I take it that it is the wish of the General Assembly to conclude its consideration of sub-item (a) of agenda item 70?

The President

The Assembly has before it 19 draft resolutions recommended by the Third Committee in paragraph 173 of its report and one draft decision recommended by the Third Committee in paragraph 174 of the same report.

Before proceeding further, I should like to inform members that action on draft resolution X, entitled "Subregional Centre for Human Rights and Democracy in Central Africa", is postponed to a later date to allow time for the review of its programme budget implications by the Fifth Committee. The Assembly will take action on draft resolution X as soon as the report of the Fifth Committee on its programme budget implications is available.

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

Mrs. Martins (Portugal)

My delegation would like to request that the report of the Third Committee contained in document A/62/439/Add.2 be corrected to include Burundi and Côte d'Ivoire in the list of sponsors of draft resolution IX, entitled "Elimination of all forms of intolerance and of discrimination based on religion or belief".

The President

I shall now call on those representatives who wish to speak in explanation of vote before the voting.

Ms. Akbar (Antigua and Barbuda)

I have the honour to speak on behalf of the Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago and my own country, Antigua and Barbuda, on draft resolution I, "Moratorium on the use of the death penalty", contained in the report of the Third Committee (A/62/439/Add.2).

I would like to reiterate that the Caribbean Member States on whose behalf I speak are committed to the promotion, protection and enforcement of all human rights and fundamental freedoms, consistent with our legal obligations under international law. In that regard, we have supported international efforts aimed at reaffirming the importance of all human rights and ensuring the universality, objectivity and non-selectivity of the consideration of those rights. We hold that there can be no true development of our peoples without an environment conducive to the full enjoyment of their human rights.

We are fully committed to the rule of law at both the national and international levels. Consequently, we have integrated into our domestic laws our legal obligations under the various international human rights instruments to which we are States parties. Additionally, in the context of the availability of resources, we have in large measure complied with our reporting obligations to the various monitoring committees established by those conventions. Moreover, we acknowledge the importance of the recommendations of those bodies in assisting us as we strive to improve the protection, promotion and enforcement of the human rights of all of our citizens.

In that context, Caribbean Member States that maintain the death penalty reiterate their difficulty with the tone and the intent of draft resolution I contained in document A/62/439/Add.2. We find the provisions of the draft resolution to be unbalanced and contrary to international law. We are therefore very disappointed that its authors did not provide us with sufficient opportunity to air our views or submit reasonable proposals to improve the text.

The Caribbean States that are parties to the International Covenant on Civil and Political Rights do not contravene the Covenant when a capital sentence is adjudged. Article 6, paragraph 2, of the Covenant applies specifically to countries that have not abolished the death penalty. It provides that a sentence of death may be imposed only for the most serious crimes and pursuant to a final judgement rendered by a competent court.

We uphold the independence of the judiciary as a bulwark of our democracy and as a guardian against any deprivation of the fundamental and inalienable rights and freedoms of our citizens. That is supported through the observance and enforcement of the sacred legal principle that no citizen, including those accused of capital offences, can be deprived of their human rights, except through due process of law.

We regret any implication that we arbitrarily apply capital punishment for insignificant crimes and without regard for the human rights of the prosecuted. Caribbean States that maintain the death penalty apply it only for cases of murder or treason. As a matter of fact, in most of our countries capital punishment has not been carried out in more than a decade. To that end, the executive arm of Government upholds the decisions of the courts, including those handed down by the Judicial Committee of the Privy Council, which for most of us still remains the final appellate court.

We have complied with the landmark judicial decisions of that highly respected court, and have commuted to life imprisonment the sentences of death imposed on certain prisoners. That is yet another demonstration of our commitment to observing and maintaining the safeguards guaranteeing the protection of the rights of those facing capital punishment.

We regret equally the unwillingness of many abolitionist countries to engage in productive discussion and collaboration that could better address the very complex issues of criminality and crime prevention, their root causes and how they impact upon, and undermine the fundamental human rights of, our citizens. There appears to be scant interest in collaborating with Caribbean member States to deal not only with the symptoms of criminal activities but also with the socio-economic stimuli and triggers.

Finally, given the reality of the situation in the Caribbean, the countries associated with this statement are forced to question the intent and argument of the authors of the draft resolution. Caribbean opponents of the draft resolution have not contravened any laws, international or domestic, by maintaining the death penalty in their domestic laws. We respect the right of other States to abolish the death penalty but, in turn, they should respect our sovereign right to choose the judicial, political, economic and social systems that pertain to our societies. In that vein, we maintain our right to uphold or abolish the death penalty, ever mindful of our domestic and international legal obligations.

Mr. Degia (Barbados)

I take the floor to explain my country's position on draft resolution I as contained in document A/62/439/Add.2. We associate ourselves with the statement made earlier by the representative of Antigua and Barbuda on behalf of 13 Caribbean States.

At the outset, Barbados wishes to state clearly its position that any attempt by a country or group of countries to impose its values on other member countries by calling on it to abolish the death penalty or to establish a moratorium on its use is an infringement upon the sovereignty of those member States.

Although the Government of Barbados has not carried out an execution in close to a quarter of a century, the death penalty exists in the legal statutes of Barbados. It is our right to retain it or abolish it. We respect the right of those countries that have abolished the death penalty or established a moratorium to do so. We only ask that the same courtesy be accorded to us.

My delegation has a different perspective on the issue before us. Permit me to raise a few points to clarify our position and to highlight the serious shortcomings in the approach of the co-sponsors of this draft resolution.

Barbados attaches the highest importance to the issue of human rights and democracy, both in our domestic and our foreign policy. We are proud of our human rights record, not just from a civil and political aspect but also in the areas of economic, social and cultural rights. Since our independence, we have based our development on the provision of free health care to all, free education -- including at university level -- gender equality and the empowerment of women, a commitment to civil and political liberties and development with a human face.

We are a signatory to all the major regional and international human rights conventions and treaties, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. We are a stable and vibrant democracy and maintain an independent judiciary and a system of due process. Indeed, our Westminster system of Government and the inclusion of the death penalty within the legal code as a punishment were inherited from one of the main co-sponsors. The death penalty can only be applied after an exhaustive process of appeals within our courts and is subject to strict safeguards and guidelines.

Until 2005, the British Privy Council was our highest court of appeal. In 2004, shortly before the Caribbean Court of Justice replaced it, the Privy Council ruled that the death penalty sentence within Barbados' statutes was lawful and in conformity with the Constitution. In other words, as opposed to the sentiments implied in the draft resolution, we operate within a rational, structured and sound system of laws and checks and balances.

It is important to highlight that the death penalty is not prohibited in international law. The International Covenant on Civil and Political Rights states that

"In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide". (resolution 2200 A (XXI), annex, International Covenant on Civil and Political Rights, part III, article 6, paragraph 2)

Barbados does not in any way view the retention of the death penalty in our statutes as contradictory to our obligations under the Convention.

The Universal Declaration of Human Rights also does not prohibit the death penalty. What we find interesting is the fact that many of the sponsors who signed on to the Declaration in 1948 preserved the death penalty in their statutes and also implemented it. They have chosen to abolish it in their national legal systems, as it is their sovereign right to do. But capital punishment remains legal under international law and Barbados wishes to exercise its sovereign right to use it as a deterrent to the most serious crimes.

Beyond all of that is the simple fact that the question of the death penalty is basically one of criminal justice as enforced and upheld within national legal systems. As long as the death penalty is not applied arbitrarily or summarily and is subject to a system of due process by competent courts, Barbados believes that it is both lawful under international law and must be seen as an internal matter fully in keeping with the provisions of the Charter of the United Nations and all of the human rights treaties to which Barbados is a party.

In the light of the foregoing, the Government of Barbados will vote emphatically against draft resolution I. We ask that this statement be included in the official records of this meeting.

Mr. Menon (Singapore)

My delegation is delivering this explanation of vote in connection with draft resolution I contained in document A/62/439/Add.2, entitled "Moratorium on the use of the death penalty".

In declaring victory, the sponsors of the draft resolution have claimed proof that the values of the European Union (EU) are increasingly universal values. But let us look at the reality. The reality is that many countries -- a significant number -- did not vote in favour of the draft resolution in the Third Committee. That proves yet again that there is no international consensus on the use of the death penalty. The acrimony that we saw this year also underscores the point that the draft resolution is divisive. The reality is that for many delegations this is a criminal justice issue and not a purely human rights issue, as the European Union and its allies assert.

The Universal Declaration of Human Rights does not prohibit the death penalty. Neither does the International Covenant on Civil and Political Rights. In fact, many EU countries had the death penalty on their statutes when they signed the Universal Declaration of Human Rights.

For Singapore, capital punishment is a strong deterrent that is imposed with robust safeguards and only for the most serious crimes. We believe that it is the right of all our citizens to live in a safe environment, free from criminal threat to their lives and personal safety.

It is unfortunate that the sponsors have handled this not as a debate but a lecture -- their views, in their reckoning, being the only legitimate ones. They may have made pronouncements to the contrary, but there was never any real attempt to seek consensus or to persuade by argument. We saw the main sponsors refusing to acknowledge an Article in the Charter of the United Nations that states that

"Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state" (Article 2, para. 7).

They opposed what they said was selective quotations and then quoted selectively themselves. They voted en masse against amendments that no reasonable person would dispute. For instance, there is a great diversity of legal, social, economic and cultural conditions in the world. They suppressed the efforts of retentionist States to express themselves on individual paragraphs and resorted to pressure tactics and demarches.

The main sponsors will celebrate their so-called victory, but let us not forget that that victory was at the cost of much acrimony in the Third Committee and of the undermining of the sense of commonality and cooperation that should characterize our work at the United Nations. There will be ramifications for the Third Committee's relevance.

Each State has a sovereign right to choose its own political, economic, social and legal system, based on what it considers to be its own best interests. In this regard, this resolution will make no difference to Singapore's policies. We will continue to implement policies that work for us and best serve the interests of our people.

Mr. Heller (Mexico)

I have the honour to speak on behalf of the 87 delegations representing all regional groups that sponsored draft resolution I, on a moratorium on the use of the death penalty, in the Third Committee. We would like this initiative to open a process of dialogue and compromise at the level of the General Assembly on a matter of fundamental importance in the prolonged efforts towards the improvement and progressive development of human rights.

For a number of years now, this matter has been a source of concern for the international community for a variety of reasons. That is why we are pleased that the General Assembly is finally approving a draft resolution that urges States to establish a moratorium on the use of the death penalty pending its abolition. This draft resolution reflects the results of intensive dialogue throughout the negotiating process among the sponsors, who see the text as the beginning of a process that will increasingly involve the United Nations in the question of the death penalty.

We hope that as of now we may begin to have an open and transparent discussion among all Member States on this matter of great importance and sensitivity in many of our societies. The purpose of this draft resolution is not to interfere in or impose our views on others. Our intention is to promote and to strengthen the growing trend towards the elimination of the death penalty.

As in the Third Committee, the sponsors of this draft resolution urge other States to support it by voting in favour.

Mr. Akindele (Nigeria)

I would like to explain Nigeria's vote before the vote on draft resolution I, on the moratorium on the use of the death penalty, contained in document A/62/439/Add.2. The Nigerian Government upholds the rule of law, including the protection of human rights and fundamental freedoms, as well as their enjoyment by our citizens. Indeed, the thrust of my statement was made by the representative of Nigeria on 15 November when this matter was dealt with in the Third Committee.

The death penalty is retained on our statute books in order to serve the purpose of our internal security and as a deterrent to criminals who would not balk at threatening and taking the lives of innocent people, including civilians. My delegation cannot accept the inference in the draft resolution that the death penalty is undermining human dignity and that imposes an obligation on the States that maintain the death penalty to restrict its use. We do not accept that a moratorium will serve our purpose in the security in our country.

Let there be no doubt that capital punishment is meted out only in very serious criminal cases, where human lives have been taken or where the security of the State has been gravely endangered. Punishment is administered only after exhaustive legal and judicial processes, including recourse to the supreme court of the land.

Although it is on record that Nigeria has not administered capital punishment in recent years, the Nigerian delegation believes that a moratorium on the death penalty should not be imposed by a group of States, irrespective of their views or values on a subject that falls strictly under the exclusive domestic jurisdiction of States. In order to command acceptability and respect, any moratorium should be a matter of serious negotiation and agreement in terms of criminal law at the international level rather than as an issue of human rights.

Indeed, this draft resolution falls far short of that. Therefore, in view of its limited and limiting nature, including its subjectivity and inflexibility, as well as its attempt to interfere in matters that should fall within the domestic jurisdiction of States and in consonance with the laws of Nigeria and its constitution, Nigeria will vote against the draft resolution on the death penalty.

The President

We will now take a decision on draft resolutions I to IX and XI to XIX, and on the draft decisions, one by one. After all the decisions have been taken, representatives will again have the opportunity to explain their vote.

We first turn to draft resolution I entitled "Moratorium on the use of the death penalty". A recorded vote has been requested.

The President

Draft resolution II is entitled "Strengthening the role of the United Nations in enhancing the effectiveness of the principle of periodic and genuine elections and the promotion of democratization".

A separate vote has been requested on the fifth preambular paragraph of