Ministry Statements and Speeches 2008

UNGA 63: Third Committee:  Report of the Human Rights Council

Explanation of Vote on behalf of Liechtenstein, Norway, Switzerland and New Zealand, 25 Nov 2008

I have the honour to make this explanation of vote on behalf of the following delegations: Liechtenstein, Norway, Switzerland and New Zealand.

Our delegations are strong supporters of the Human Rights Council. We actively contribute to its work and wish to see it develop into a robust institution. Last year, our delegations were co-sponsors of the resolution that endorsed the Council’s institution-building package.

However, this year we are not able to vote in favour of resolution L57*.  Our delegations will abstain on this resolution.

Lichtenstein, Norway, Switzerland and New Zealand are supportive of the implementation of the Human Rights Council’s recommendations to the General Assembly and take this opportunity to reiterate our position that we have no objection in substance to the implementation of the recommendations to the General Assembly in decision 9/103, resolution 9/18 and resolution 8/2.

We are abstaining on this resolution because we see it as:

1. inconsistent with the General Committee’s decision of October 29
2. ambiguous as to the recommendations upon which the Third Committee is taking action; and
3. procedurally incorrect in taking action on the recommendation concerning the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.

 

The decision of the General Committee, taken less than a month ago, clearly provides that the Third Committee may consider the report of the Human Rights Council and take action on the recommendations to the General Assembly. We welcomed that decision. The resolution before us today undermines this agreement through its action on the report as a whole and through the ambiguity as to which recommendations in the report the Third Committee is taking action.

The resolution takes action on the Human Rights Council’s recommendation on the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Third Committee took action on this instrument only last week. Under rule 123 of the Rules of Procedure for the General Assembly, it is not possible to take action on a proposal twice in the same session. This resolution should have therefore clearly excluded the recommendation on the Optional Protocol.

We do not support the combining in one paragraph of recommendations on very different subject matter and requiring different actions. In future the Third Committee should take action on any recommendation to the General Assembly consistent with the agreement of the General Committee and through a standalone resolution in respect of each recommendation, as was done for the Declaration on the Rights of Indigenous Peoples, the Convention on Enforced Disappearances, the Institution-Building package and the Optional Protocol to the Covenant on Economic, Social and Cultural Rights.

Finally, we do not accept resolution L57* as a precedent for the future consideration of the Human Rights Council recommendations to the General Assembly.  Next year we would hope to see separate resolutions on any recommendation that requires action in the Third Committee and we look forward to working constructively with all delegations to ensure a more consensual approach in future sessions.

 

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