UNITED NATIONS: THE GENERAL ASSEMBLY’S HUMAN RIGHTS COMMITTEE ADOPTS A RESOLUTION ON A MORATORIUM ON EXECUTIONS
November 11, 2010: The UN General Assembly would, for the third time in four years, renew its call for a moratorium on the use of the death penalty under the terms of a draft resolution approved today in the Third Committee (Social, Humanitarian and Cultural) by a recorded vote.
Following on similar resolutions adopted by the Assembly in the 2007 and 2008 sessions, the draft was approved by a vote of 107 in favour to 38 against, with 36 abstentions.
The resolution garnered more support from UN Member States than the previous resolution in 2007 and 2008, confirming the worldwide trend towards abolition of capital punishment. In 2007, the resolution pro-moratorium was adopted by 104 votes in favour, 54 against with 29 abstentions at the UN General Assembly in New York. In 2008, the resolution was approved by 106 votes in favour, 46 against with 34 abstentions.
Bhutan, Guatemala, Kiribati, Maldives, Mongolia and Togo changed their vote to back the moratorium. In a further sign of support, Afghanistan, Comores, Nigeria, Solomon Islands and Thailand moved from opposition to abstention.
While noting ongoing national debates and regional initiatives on the death penalty, the Third Committee calls upon States to restrict the use of the death penalty, to reduce the number of offences for which it may be imposed, and “to establish a moratorium on executions with a view to abolishing the death penalty”. States that have abolished the death penalty are meanwhile called upon not to reintroduce it.
Enhancing a similar call included in the previous resolution in 2007, the Third Committee calls upon all Member States to make available relevant information with regard to their use of the death penalty, which can contribute to possible informed and transparent national debates.
Three written amendments to the draft, as well as one oral amendment, were put forward by delegations who said the jurisdiction of Member States was completely disregarded by the draft. All the proposed amendments were rejected by recorded vote.
The most important amendment proposed by Egypt, who said that, under the Charter of the United Nations, the Organization was unauthorized to intervene in matters which are essentially within the domestic jurisdiction of any State, was rejected by a vote of 62 in favour to 79 against, with 31 abstentions. The amendment proposed by Botswana was rejected by a vote of 51 in favour to 81 against, with 33 abstentions. Singapore’s amendment was rejected by a vote of 58 in favour to 79 against, with 30 abstentions.
The representative of the Bahamas moved an oral amendment to operative paragraph 3 (d), in such a way that it would have the General Assembly call upon States “to consider establishing a moratorium on executions with a view to abolishing the death penalty” (in lieu of “to establish a moratorium on executions with a view to abolishing the death penalty”). The oral amendment offered by Bahamas was rejected by a vote of 54 in favour to 82 against, with 29 abstentions.
The General Assembly is expected to endorse the resolution in its plenary session in December. [ Source: Hands Off Cain]
Some older relevant posts:-UNITED NATIONS Nov 11 (Reuters Legal) - A U.N. General Assembly committee issued a resolution calling for a moratorium on the death penalty on Thursday, while the United States joined China, Iran, Sudan, Saudi Arabia and others in opposing the measure.
A vote on the issue took place in the Assembly's Third Committee, a body composed of all 192 U.N. member states that addresses human rights and humanitarian issues. 107 countries supported the nonbinding resolution while 38 other countries opposed it and another 36 abstained. The General Assembly is expected to formally adopt the resolution this December.
"Support for the moratorium has gained ground and the effort was from across the board regionally," said Jose Luis Diaz, who is Amnesty International's representative to the U.N.
Diaz, whose organisation campaigns in favour of the moratorium, said that five countries have changed their position to support the measure since a similar vote took place in 2007. He also noted that a handful of other countries, including Afghanistan and Thailand, chose to abstain rather than vote no as they did last time.
Other opponents to the measure who include Egypt, Singapore and Myanmar typically invoke state sovereignty to defend their position, according to Diaz.
"They point to the laws on their books. To hear them tell it, this is a criminal justice matter, an internal matter that is not a human rights issue."
Singapore introduced one of three amendments to the draft resolution before the vote, aimed at softening the language. The amendment proposed adding that the General Assembly "reaffirms the sovereign right of all countries to develop their own legal systems."
The U.S. delegation voted in favour of the Singaporean amendment, which failed to win sufficient support to be included in the final version.An Egyptian delegate told the assembly the United Nations should focus on "due process rather than abolition," sentiments echoed by the U.S. delegate.
The European Union was the driving force behind the resolution, although there were African, Asian and Latin American states that signed on as co-sponsors. Panama, Paraguay, Philippines, East Timor, Rwanda, Mozambique and Russia were among the resolution's sponsors and also voted for it.
The U.N. resolution is titled "Moratorium on the use of the death penalty" and is referenced as document A/C.3/65/L.23/Rev.1.
(Reporting by Louis Charbonneau of Reuters; Additional reporting by Jeff Roberts of Reuters Legal) - Reuters, 12/11/2010, Support grows at U.N. for death penalty halt, U.S. opposed
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