| United Nations | A/51/601 |
General Assembly
Distr. GENERAL
6 December 1996
ORIGINAL:
SPANISH
A/51/601
General Assembly
Fifty-first session
Agenda item 12
REPORT OF THE ECONOMIC AND SOCIAL COUNCIL
Report of the Second Committee
Rapporteur: Ms. Silvia Cristina CORADO-CUEVAS (Guatemala)
I. INTRODUCTION
1. At its 3rd plenary meeting, on 20 September 1996, the General
Assembly, on the recommendation of the General Committee, decided to
include in the agenda of its fifty-first session the item entitled
"Report of the Economic and Social Council" and to allocate to the
Second Committee the relevant chapters of the Council's report. 1/
2. The Second Committee considered the item at its 27th, 28th and
35th to 38th meetings, on 6, 18 and 25 November and on 2 December
1996. An account of the Committee's consideration of the item is
contained in the relevant summary records (A/C.2/51/SR.27, 28 and 35-38).
Attention is also drawn to the general debate held by the
Committee at its 3rd to 6th and 8th meetings, from 14 to 18 October
(A/C.2/51/SR.3-6 and 8).
3. For its consideration of the item, the Committee had before it the
following documents:
(a) Relevant chapters of the report of the Economic and Social
Council for 1996 (chaps. I, III, IV, V (sects. B-E and H) and VII);1
(b) Note by the Secretary-General transmitting the report of the
Economic and Social Commission for Western Asia on economic and social
repercussions of the Israeli settlements on the Palestinian people in
the Palestinian territory, including Jerusalem, occupied since 1967,
and on the Arab population of the occupied Syrian Golan (A/51/135-
E/1996/51);
(c) Report of the Secretary-General on preventive action and
intensification of the struggle against malaria in developing
countries, particularly in Africa (A/51/379);
(d) Note by the Secretary-General transmitting the report of the
Executive Director of the United Nations Population Fund on the United
Nations Population Award (A/51/534).
4. At the 27th meeting, on 6 November, introductory statements were
made by the Director of the Division for Policy Coordination and
Economic and Social Council Affairs of the Department for Policy
Coordination and Sustainable Development, the Director of the Division
of Control of Tropical Diseases of the World Health Organization and
the Chief of the Regional Commissions New York Office (see
A/C.2/51/SR.27).
II. CONSIDERATION OF PROPOSALS
A. Draft resolution contained in document A/C.2/51/L.2
5. At its 36th meeting, on 25 November, the Committee had before it a
draft resolution entitled "Institutional arrangements for the
implementation of the Global Programme of Action for the Protection of
the Marine Environment from Land-based Activities" (see A/C.2/51/L.2),
which the Economic and Social Council, in its resolution 1996/1 of 11
July 1996, had recommended to the General Assembly for adoption.
6. Before the adoption of the draft resolution, a statement was made
by the representative of Ireland, on behalf of the European Union (see
A/C.2/51/SR.36).
7. At the same meeting, the Committee adopted the draft resolution
contained in document A/C.2/51/L.2 (see para. 24, draft resolution I).
8. After the adoption of the draft resolution, a statement was made
by the representative of the United States of America (see
A/C.2/51/SR.36).
B. Draft resolutions A/C.2/51/L.29 and A/C.2/51/L.30 and Rev.2
9. At the 35th meeting, on 18 November, the representative of the
Syrian Arab Republic, on behalf of the Group of Arab States,
Afghanistan and Cuba, introduced a draft resolution entitled "Economic
and social repercussions of the Israeli settlements on the Palestinian
people in the Palestinian territory, including Jerusalem, occupied
since 1967, and on the Arab population of the occupied Syrian Golan"
(A/C.2/51/L.29), which read:
"The General Assembly,
"Recalling Economic and Social Council resolution 1996/40 of
26 July 1996,
"Reaffirming the principle of the permanent sovereignty of
people under foreign occupation over their national resources,
"Guided by the principles of the Charter of the United
Nations, affirming the inadmissibility of the acquisition of
territory by force, and recalling Security Council resolutions
242 (1967) of 22 November 1967 and 497 (1981) of 17 December 1981,
"Recalling Security Council resolution 465 (1980) of 1 March
1980 and other resolutions in which the Security Council affirmed
the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of
12 August 1949, to the occupied Palestinian territory, including
Jerusalem, and other Arab territories occupied by Israel since
1967,
"Also recalling Security Council resolution 904 (1994) of
18 March 1994, in which, among other things, the Council called
upon Israel, the occupying Power, to continue to take and
implement measures, including, inter alia, confiscation of arms,
with the aim of preventing illegal acts of violence by Israeli
settlers, and called for measures to be taken to guarantee the
safety and protection of the Palestinian civilians in the occupied
territory,
"Welcoming the ongoing Middle East peace process started at
Madrid on 30 October 1991 on the basis of Security Council
resolutions 242 (1967), 338 (1973) of 22 October 1973 and
425 (1978) of 19 March 1978 and the principle of land for peace,
in particular the two implementation agreements embodied in the
Agreement on the Gaza Strip and the Jericho Area of 4 May 1994 and
the Interim Agreement on the West Bank and the Gaza Strip of
28 September 1995,
"Aware of the negative and grave economic and social
repercussions of the Israeli settlements on the Palestinian people
in the Palestinian territory, occupied since 1967, including
Jerusalem, and on the Arab population of the occupied Syrian
Golan,
"1. Takes note of the report of the Secretary-General; 2/
"2. Reaffirms that Israeli settlements in the Palestinian
territory, including Jerusalem, and other Arab territories
occupied since 1967 are illegal and an obstacle to economic and
social development;
"3. Recognizes the economic and social repercussions of the
Israeli settlements on the Palestinian people in the Palestinian
territory occupied by Israel since 1967, including Jerusalem, and
on the Arab population of the occupied Syrian Golan;
"4. Reaffirms the inalienable right of the Palestinian people
and the population of the occupied Syrian Golan to their natural
and all other economic resources, and regards any infringement
thereupon as illegal;
"5. Requests the Secretary-General to submit to the General
Assembly at its fifty-second session, through the Economic and
Social Council, a report on the progress made in the
implementation of the present resolution."
10. At the same meeting, the representative of Malaysia, on behalf of
Bangladesh, Egypt, Malaysia, Mauritania, the Sudan, Tunisia, the
United Arab Emirates and Yemen, introduced a draft resolution entitled
"Natural resources of the occupied Palestinian territory, including
Jerusalem, and other occupied Arab territories" (A/C.2/51/L.30), which
read:
"The General Assembly,
"Reaffirming the principle of the permanent sovereignty of
peoples under foreign occupation over their natural resources,
"Guided by the principles of the Charter of the United
Nations and affirming the inadmissibility of the acquisition of
territory by war,
"Reaffirming the applicability of the Fourth Geneva
Convention relative to the Protection of Civilian Persons in Time
of War, of 12 August 1949, to the occupied Palestinian territory,
including Jerusalem, and other Arab territories occupied by Israel
since 1967,
"Expressing concern at the exploitation by Israel, the
occupying Power, of the natural resources of the occupied
Palestinian territory, including Jerusalem, and other Arab
territories occupied by Israel since 1967,
"Aware of the additional, dangerous impact of the Israeli
colonial settlements on Palestinian and other Arab natural
resources, especially the confiscation of land and the theft of
water resources,
"Welcoming the Middle East peace process and the agreements
reached, and calling for the scrupulous implementation of those
agreements,
"1. Reaffirms the inalienable rights of the Palestinian
people and the population of the occupied Syrian Golan to
sovereignty over their natural resources, including their land,
water, archaeological ruins and artifacts, and geological
resources;
"2. Reaffirms also the obligations of Israel, the occupying
Power, under international law, not to exploit, cause loss and
depletion of or endanger the natural resources in the occupied
Palestinian territory, including Jerusalem, and other Arab
territories occupied by Israel since 1967, and requests that
Israel abide by these obligations;
"3. Recognizes the right of the Palestinian people to
restitution and full compensation as a result of any exploitation,
loss or depletion of, or damage to, their natural resources;
"4. Requests the Secretary-General to report on the
implementation of the present resolution, and decides to include
on the agenda of its fifty-second session the item 'Permanent
sovereignty of peoples under foreign occupation over their natural
resources'."
11. At the 37th meeting, on 2 December, the Vice-Chairman of the
Committee, Mr. Kheirreddine Ramoul (Algeria), informed the Committee
of the results of the informal consultations held on draft resolutions
A/C.2/51/L.29 and L.30, and drew the Committee's attention to a
revised draft resolution entitled "Permanent sovereignty of the
Palestinian people in the occupied Palestinian territory, including
Jerusalem, and of the Arab population in the occupied Syrian Golan
over their natural resources" (A/C.2/51/L.30/Rev.2), submitted by the
sponsors of draft resolution A/C.2/51/L.30 and Algeria.
12. At the same meeting, the representative of Malaysia informed the
Committee that Cuba, Jordan and Saudi Arabia had joined in sponsoring
the revised draft resolution.
13. Before the adoption of the revised draft resolution, statements
were made by the representatives of Israel and Lebanon (see
A/C.2/51/SR.37).
14. Also at its 37th meeting, the Committee adopted revised draft
resolution A/C.2/51/L.30/Rev.2 by a recorded vote of 123 to 2, with 17
abstentions (see para. 24, draft resolution II). The voting was as
follows: 3/
In favour: Afghanistan, Algeria, Andorra, Angola, Antigua and
Barbuda, Armenia, Australia, Austria, Azerbaijan,
Bahrain, Bangladesh, Belgium, Belize, Bhutan, Bolivia,
Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina
Faso, Burundi, Cambodia, Canada, Chad, Chile, China,
Comoros, Cuba, Cyprus, Czech Republic, Democratic
People's Republic of Korea, Denmark, Ecuador, Egypt,
Estonia, Ethiopia, Finland, France, Germany, Ghana,
Greece, Guinea, Guinea-Bissau, Guyana, Haiti,
Honduras, Hungary, Iceland, India, Indonesia, Iran
(Islamic Republic of), Ireland, Italy, Jamaica, Japan,
Jordan, Kazakstan, Kuwait, Kyrgyzstan, Lao People's
Democratic Republic, Lebanon, Libyan Arab Jamahiriya,
Liechtenstein, Luxembourg, Malaysia, Maldives, Mali,
Malta, Mauritania, Mexico, Monaco, Mongolia, Morocco,
Myanmar, Namibia, Nepal, Netherlands, New Zealand,
Niger, Norway, Oman, Pakistan, Panama, Papua New
Guinea, Peru, Philippines, Poland, Portugal, Qatar,
Republic of Korea, Republic of Moldova, Romania,
Russian Federation, Saint Lucia, Samoa, Saudi Arabia,
Senegal, Singapore, Slovakia, Slovenia, Solomon
Islands, South Africa, Spain, Sri Lanka, Sudan,
Suriname, Swaziland, Sweden, Syrian Arab Republic,
Thailand, The former Yugoslav Republic of Macedonia,
Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda,
United Arab Emirates, United Kingdom of Great Britain
and Northern Ireland, Venezuela, Viet Nam, Yemen,
Zambia, Zimbabwe.
Against: Israel, the United States of America.
Abstaining:
Argentina, Bahamas, Barbados, Belarus, Co^te d'Ivoire,
El Salvador, Fiji, Georgia, Kenya, Liberia, Marshall Islands,
Micronesia (Federated States of), Nicaragua, Nigeria, Paraguay,
Ukraine, Uruguay.
15. After the adoption of the draft resolution, statements were made
by the representatives of Japan, Ireland (on behalf of the European
Union), the United States of America, Argentina, Australia, Canada and
the Islamic Republic of Iran (see A/C.2/51/SR.37).
16. In the light of the adoption of draft resolution
A/C.2/51/L.30/Rev.2, draft resolution A/C.2/51/L.29 was withdrawn by
its sponsors.
C. Draft resolution contained in document A/C.2/51/L.37
17. At its 37th meeting, on 2 December, the Committee had before it a
draft resolution entitled "United Nations Declaration against
Corruption and Bribery in International Commercial Transactions" (see
A/C.2/51/L.37), which the Economic and Social Council, in its
resolution 1996/51 of 20 November 1996, had recommended to the General
Assembly for adoption.
18. Before the adoption of the draft resolution, statements were made
by the representatives of Australia and China (see A/C.2/51/SR.37).
19. At the same meeting, the Committee adopted the draft resolution
contained in document A/C.2/51/L.37 (see para. 24, draft resolution
III).
20. After the adoption of the draft resolution, statements were made
by the representatives of the United States of America, Mexico, South
Africa and Venezuela (see A/C.2/51/SR.37).
D. Draft decision
Documents relating to the report of the Economic and Social Council
21. At its 37th meeting, on 2 December, on the proposal of the
Chairman, the Committee decided to recommend to the General Assembly
that it take note of documents before it under the item (see para. 25,
draft decision I).
Biennial programme of work of the Second Committee for 1997-1998
22. At the 38th meeting, on 2 December, the representative of the
Secretariat introduced and read out corrections to the draft biennial
programme of work of the Second Committee for 1997-1998
(A/C.2/51/L.40, annex).
23. At the same meeting, the Committee approved the draft biennial
programme of work of the Second Committee for 1997-1998, as orally
corrected, and decided to recommend it to the General Assembly for
adoption (see para. 25, draft decision II).
III. RECOMMENDATIONS OF THE SECOND COMMITTEE
24. The Second Committee recommends to the General Assembly the
adoption of the following draft resolutions:
DRAFT RESOLUTION I
Institutional arrangements for the implementation of
the Global Programme of Action for the Protection of
the Marine Environment from Land-based Activities
The General Assembly,
Recalling the relevant provisions of Agenda 21, 4/ in particular
chapters 17, 33, 34, 38 and other related chapters, and the Rio
Declaration on Environment and Development, 5/
Recalling also its resolution 50/110 of 20 December 1995 on the
report of the Governing Council of the United Nations Environment
Programme, in which it endorsed, inter alia, Governing Council
decision 18/31 on the protection of the marine environment from land-
based activities,
Noting the successful conclusion of the Intergovernmental
Conference to Adopt a Global Programme of Action for the Protection of
the Marine Environment from Land-based Activities, which was held in
Washington, D.C., from 23 October to 3 November 1995,
Having considered the Washington Declaration on Protection of the
Marine Environment from Land-based Activities 6/ and the Global
Programme of Action for the Protection of the Marine Environment from
Land-based Activities, 7/ as well as the proposal of the United
Nations Environment Programme on institutional arrangements and
implementation of the Global Programme of Action and relevant
recommendations of the Commission on Sustainable Development,
1. Endorses the Washington Declaration on Protection of the
Marine Environment from Land-based Activities and the Global Programme
of Action for the Protection of the Marine Environment from Land-based
Activities;
2. Stresses the need for States to take the necessary measures
for the implementation of the Global Programme of Action at the
national and, as appropriate, the regional and international levels;
3. Also stresses the need for States to take action for the
formal endorsement by each competent international organization of
those parts of the Global Programme of Action that are relevant to
their mandates and to accord appropriate priority to the
implementation of the Global Programme of Action in the work programme
of each organization;
4. Further stresses the need for States to take such action at
the next meetings of the governing bodies of the United Nations
Environment Programme, the United Nations Development Programme, the
United Nations Centre for Human Settlements (Habitat), the Food and
Agriculture Organization of the United Nations, the World Health
Organization, the International Maritime Organization, the
International Atomic Energy Agency, the International Labour
Organization and the United Nations Industrial Development
Organization and in the Intergovernmental Oceanographic Commission of
the United Nations Educational, Scientific and Cultural Organization
and the relevant bodies of the International Monetary Fund and the
World Bank, as well as in other competent international and regional
organizations within and outside the United Nations system;
5. Further stresses the need for international cooperation, as
outlined in sections IV.A and B of the Global Programme of Action, in
capacity-building, technology transfer and cooperation, and the
mobilization of financial resources, including support, in particular
for developing countries, especially the least developed countries,
countries with economies in transition and small island developing
States, and to this end calls upon bilateral donors and international,
regional and subregional financial institutions and mechanisms,
including the Global Environment Facility, and other competent
development and financial institutions:
(a) To ensure that their programmes give appropriate priority for
country-driven projects aimed at the implementation of the Global
Programme of Action;
(b) To assist with capacity-building in the preparation and
implementation of national programmes and in identifying ways and
means of funding them;
(c) To improve their coordination so as to enhance the delivery
of financial and other support;
6. Invites non-governmental organizations and major groups to
initiate and strengthen their actions to facilitate and support the
effective implementation of the Global Programme of Action;
7. Requests the Executive Director of the United Nations
Environment Programme to prepare, for the consideration of the
Governing Council at its nineteenth session, specific proposals on:
(a) The role of the United Nations Environment Programme in the
implementation of the Global Programme of Action, including the
relevant role of its Regional Seas Programme and Freshwater Unit;
(b) Arrangements for secretariat support to the Global Programme
of Action;
(c) Modalities for periodic intergovernmental review of progress
in implementing the Global Programme of Action;
8. Calls upon the United Nations Environment Programme, within
its available resources, and with the aid of voluntary contributions
from States for this purpose, to take expeditious action to provide
for the establishment and implementation of the clearing-house
mechanism referred to in the Global Programme of Action, and requests
the Executive Director of the United Nations Environment Programme to
prepare and submit to the Governing Council at its nineteenth session
specific proposals on, inter alia:
(a) The establishment of an inter-organizational group to develop
the basic design and structure of the clearing-house data directory
and its linkages to information delivery mechanisms;
(b) The means of linking the inter-organizational group to
ongoing work within the United Nations system on the identification of
and access to relevant databases and the comparability of data;
(c) The outline of a pilot project on the development of the
clearing-house's source category component on sewage, to be
implemented in partnership with the World Health Organization;
9. Calls upon States, in relation to the clearing-house
mechanism, to take action in the governing bodies of relevant
intergovernmental organizations and programmes so as to ensure that
those organizations and programmes take the lead in coordinating the
development of the clearing-house mechanism with respect to the
following source categories, which are listed in conjunction with the
relevant organization(s) and/or programme(s) but not in order of
priority:
(a) Sewage - the World Health Organization;
(b) Persistent organic pollutants - the Inter-Organization
Programme for the Sound Management of Chemicals, the International
Programme on Chemical Safety and the Intergovernmental Forum on
Chemical Safety;
(c) Heavy metals - the United Nations Environment Programme in
cooperation with the Inter-Organization Programme for the Sound
Management of Chemicals;
(d) Radioactive substances - the International Atomic Energy
Agency;
(e) Nutrients and sediment mobilization - the Food and
Agriculture Organization of the United Nations;
(f) Oils (hydrocarbons) and litter - the International Maritime
Organization;
(g) Physical alterations, including habitat modification and
destruction of areas of concern - the United Nations Environment
Programme;
10. Decides to determine, at its special session to be held in
June 1997 in accordance with its resolution 50/113 of 20 December
1995, specific arrangements for integrating the outcomes of periodic
intergovernmental reviews, as envisaged in paragraph 7 (c) above, in
the future work of the Commission on Sustainable Development related
to the monitoring of the implementation of and follow-up to Agenda 21,
in particular chapter 17.
DRAFT RESOLUTION II
Permanent sovereignty of the Palestinian people in the
occupied Palestinian territory, including Jerusalem,
and of the Arab population in the occupied Syrian Golan
over their natural resources
The General Assembly,
Recalling Economic and Social Council resolution 1996/40 of
26 July 1996,
Reaffirming the principle of the permanent sovereignty of people
under foreign occupation over their natural resources,
Guided by the principles of the Charter of the United Nations,
affirming the inadmissibility of the acquisition of territory by
force, and recalling Security Council resolutions, including
resolutions 242 (1967) of 22 November 1967, 465 (1980) of 1 March 1980
and 497 (1981) of 17 December 1981,
Reaffirming the applicability of the Fourth Geneva Convention
relative to the Protection of Civilian Persons in Time of War, of
12 August 1949, 8/ to the occupied Palestinian territory, including
Jerusalem, and other Arab territories occupied by Israel since 1967,
Expressing concern at the exploitation by Israel, the occupying
Power, of the natural resources of the occupied Palestinian territory,
including Jerusalem, and other Arab territories occupied by Israel
since 1967,
Aware of the additional, detrimental economic and social impact of
the Israeli settlements on Palestinian and other Arab natural
resources, especially the confiscation of land and the forced
diversion of water resources,
Welcoming the ongoing Middle East peace process which was started
at Madrid on 30 October 1991 and which is based on Security Council
resolutions 242 (1967), 338 (1973) of 22 October 1973 and 425 (1978)
of 19 March 1978 and the principle of land for peace, in particular
the two implementation agreements embodied in the Agreement on the
Gaza Strip and the Jericho Area of 4 May 1994 9/ and the Interim
Agreement on the West Bank and the Gaza Strip of 28 September 1995,
1. Takes note of the report of the Secretary-General; 10/
2. Reaffirms the inalienable right of the Palestinian people and
the population of the occupied Syrian Golan over their natural
resources, including land and water;
3. Calls upon Israel, the occupying Power, not to exploit, to
cause loss and depletion of or to endanger the natural resources in
the occupied Palestinian territory, including Jerusalem, and in the
occupied Syrian Golan;
4. Recognizes the right of the Palestinian people to claim
restitution as a result of any exploitation, loss or depletion of, or
danger to, their natural resources, and expresses the hope that this
issue will be dealt with in the framework of the final status
negotiation between the Palestinian and Israeli sides;
5. Requests the Secretary-General to report to it at its fifty-
second session on the implementation of the present resolution, and
decides to include in the agenda of its fifty-second session the item
entitled "Permanent sovereignty of the Palestinian people in the
occupied Palestinian territory, including Jerusalem, and of the Arab
population in the occupied Syrian Golan over their natural resources".
DRAFT RESOLUTION III
United Nations Declaration against Corruption and Bribery
in International Commercial Transactions
The General Assembly,
Recalling its resolution 3514 (XXX) of 15 December 1975, in which
it, inter alia, condemned all corrupt practices, including bribery, in
international commercial transactions, reaffirmed the right of any
State to adopt legislation and to investigate and take appropriate
legal action, in accordance with its national laws and regulations,
against such corrupt practices, and called upon all Governments to
cooperate to prevent corrupt practices, including bribery,
Recalling also the further work carried out by the General
Assembly and the Economic and Social Council on the issue of illicit
payments and on elaborating a code of conduct for transnational
corporations, 11/ consideration of which helped call attention to
and raise international awareness of the adverse consequences of
bribery in international commercial transactions,
Recalling further its resolution 50/106 of 20 December 1995, in
which it recommended that the Economic and Social Council consider the
draft international agreement on illicit payments at its substantive
session of 1996 and report to the Assembly at its fifty-first session,
Welcoming the steps taken at the national, the regional, and the
international level to fight corruption and bribery, as well as recent
developments in international forums that have further advanced
international understanding and cooperation regarding corruption and
bribery in international commercial transactions,
Noting the adoption in March 1996 by States members of the
Organization of American States of the Inter-American Convention
against Corruption, 12/ which includes an article on transnational
bribery,
Noting also significant continuing work relevant to and consistent
with the objectives of the present resolution in other regional and
international forums, such as the continuing work of the Council of
Europe and the European Union to combat international bribery, as well
as the commitment by the States members of the Organisation for
Economic Cooperation and Development 13/ to criminalize bribery of
foreign public officials in international commercial transactions in
an effective and coordinated manner and further examine the modalities
and appropriate international instruments to facilitate
criminalization, and to re-examine the tax deductibility of such
bribes with the intention of denying such tax deductibility in the
member States that do not already do so,
1. Adopts the United Nations Declaration against Corruption and
Bribery in International Commercial Transactions, the text of which is
annexed to the present resolution;
2. Notes the work being undertaken by the United Nations and in
other international and regional forums to address the problem of
corruption and bribery in international commercial transactions, and
invites all States concerned to pursue the completion of such work;
3. Invites Member States, in accordance with the Declaration, to
take appropriate measures and cooperate at all levels to combat
corruption and bribery in international commercial transactions;
4. Requests the Economic and Social Council and its subsidiary
bodies, in particular the Commission on Crime Prevention and Criminal
Justice:
(a) To examine ways, including through legally binding
international instruments, without in any way precluding, impeding or
delaying international, regional or national actions, to further the
implementation of the present resolution and the annexed Declaration,
so as to promote the criminalization of corruption and bribery in
international commercial transactions;
(b) To keep the issue of corruption and bribery in international
commercial transactions under regular review;
(c) To promote the effective implementation of the present
resolution;
5. Invites other bodies of the United Nations system, including
the United Nations Conference on Trade and Development, whose
competence extends to this matter to take action as appropriate within
their mandates to promote the objectives of the present resolution and
the Declaration;
6. Encourages private and public corporations, including
transnational corporations, and individuals engaged in international
commercial transactions to cooperate in the effective implementation
of the Declaration;
7. Requests the Secretary-General to inform Member States, the
relevant bodies and the specialized agencies of the United Nations
system, and international, regional and non-governmental
organizations, of the adoption of the present resolution, to encourage
action towards making its provisions widely known and to promote its
effective implementation;
8. Also requests the Secretary-General to prepare a report, for
consideration by the General Assembly at its fifty-third session, on
the progress made towards implementation of the present resolution and
the steps taken by Member States, international and regional
organizations and other relevant institutions to combat corruption and
bribery in international commercial transactions; on the results of
the work in this regard undertaken by the Commission on Crime
Prevention and Criminal Justice and other bodies of the United Nations
system; and on measures taken in accordance with the present
resolution to promote social responsibility and the elimination of
corruption and bribery in international commercial transactions;
9. Invites Member States and competent international, regional
and non-governmental organizations to provide relevant information to
assist the Secretary-General in preparing the above-mentioned report;
10. Decides to include in the provisional agenda of its fifty-
third session, under the item entitled "Business and development", a
review of the report of the Secretary-General concerning the
implementation of the present resolution.
Annex
UNITED NATIONS DECLARATION AGAINST CORRUPTION AND BRIBERY
IN INTERNATIONAL COMMERCIAL TRANSACTIONS
The General Assembly,
Convinced that a stable and transparent environment for
international commercial transactions in all countries is essential
for the mobilization of investment, finance, technology, skills and
other important resources across national borders, in order, inter
alia, to promote economic and social development and environmental
protection,
Recognizing the need to promote social responsibility and
appropriate standards of ethics on the part of private and public
corporations, including transnational corporations, and individuals
engaged in international commercial transactions, inter alia, through
observance of the laws and regulations of the countries in which they
conduct business, and taking into account the impact of their
activities on economic and social development and environmental
protection,
Recognizing also that effective efforts at all levels to combat
and avoid corruption and bribery in all countries are essential
elements of an improved international business environment, that they
enhance fairness and competitiveness in international commercial
transactions and form a critical part of promoting transparent and
accountable governance, economic and social development and
environmental protection in all countries, and that such efforts are
especially pressing in the increasingly competitive globalized
international economy,
Solemnly proclaims the United Nations Declaration against
Corruption and Bribery in International Commercial Transactions as set
out below.
Member States, individually and through international and regional
organizations, taking actions subject to each State's own constitution
and fundamental legal principles and adopted pursuant to national laws
and procedures, commit themselves:
1. To take effective and concrete action to combat all forms of
corruption, bribery and related illicit practices in international
commercial transactions, in particular to pursue effective enforcement
of existing laws prohibiting bribery in international commercial
transactions, to encourage the adoption of laws for those purposes
where they do not exist, and to call upon private and public
corporations, including transnational corporations, and individuals
within their jurisdiction engaged in international commercial
transactions to promote the objectives of this Declaration;
2. To criminalize such bribery of foreign public officials in an
effective and coordinated manner, but without in any way precluding,
impeding or delaying international, regional or national actions to
further the implementation of this Declaration;
3. Bribery may include, inter alia, the following elements:
(a) The offer, promise or giving of any payment, gift or other
advantage, directly or indirectly, by any private or public
corporation, including a transnational corporation, or individual from
a State to any public official or elected representative of another
country as undue consideration for performing or refraining from the
performance of that official's or representative's duties in
connection with an international commercial transaction;
(b) The soliciting, demanding, accepting or receiving, directly
or indirectly, by any public official or elected representative of a
State from any private or public corporation, including a
transnational corporation, or individual from another country of any
payment, gift or other advantage, as undue consideration for
performing or refraining from the performance of that official's or
representative's duties in connection with an international commercial
transaction;
4. To deny, in countries that do not already do so, the tax
deductibility of bribes paid by any private or public corporation or
individual of a State to any public official or elected representative
of another country, and to that end, to examine their respective
modalities for doing so;
5. To develop or maintain accounting standards and practices
that improve the transparency of international commercial
transactions, and that encourage private and public corporations,
including transnational corporations, and individuals engaged in
international commercial transactions to avoid and combat corruption,
bribery and related illicit practices;
6. To develop or to encourage the development, as appropriate,
of business codes, standards or best practices that prohibit
corruption, bribery and related illicit practices in international
commercial transactions;
7. To examine establishing illicit enrichment by public
officials or elected representatives as an offence;
8. To cooperate and afford one another the greatest possible
assistance in connection with criminal investigations and other legal
proceedings brought in respect of corruption and bribery in
international commercial transactions. Mutual assistance shall
include, as far as permitted under national laws or as provided for in
bilateral treaties or other applicable arrangements of the affected
countries, and taking into account the need for confidentiality as
appropriate:
(a) Production of documents and other information, taking of
evidence and service of documents relevant to criminal investigations
and other legal proceedings;
(b) Notice of the initiation and outcome of criminal proceedings
concerning bribery in international commercial transactions to other
States that may have jurisdiction over the same offence;
(c) Extradition proceedings where and as appropriate;
9. To take appropriate action to enhance cooperation to
facilitate access to documents and records about transactions and
about identities of persons engaged in bribery in international
commercial transactions;
10. To ensure that bank secrecy provisions do not impede or
hinder criminal investigations or other legal proceedings relating to
corruption, bribery or related illicit practices in international
commercial transactions, and that full cooperation is extended to
Governments that seek information on such transactions;
11. Actions taken in furtherance of this Declaration shall
respect fully the national sovereignty and territorial jurisdiction of
Member States, as well as the rights and obligations of Member States
under existing treaties and international law, and shall be consistent
with human rights and fundamental freedoms;
12. Member States agree that actions taken by them to establish
jurisdiction over acts of bribery of foreign public officials in
international commercial transactions shall be consistent with the
principles of international law regarding the extraterritorial
application of a State's laws.
* * *
25. The Second Committee also recommends to the General Assembly the
adoption of the following draft decision:
DRAFT DECISION I
Documents relating to the report of the Economic and Social Council
The General Assembly takes note of the following documents:
(a) Relevant chapters of the report of the Economic and Social
Council for 1996; 14/
(b) Report of the Secretary-General on preventive action and
intensification of the struggle against malaria in developing
countries, particularly in Africa; 15/
(c) Note by the Secretary-General transmitting the report of the
Executive Director of the United Nations Population Fund on the United
Nations Population Award. 16/
DRAFT DECISION II
Biennial programme of work of the Second Committee for 1997-1998
The General Assembly, in accordance with paragraph 5 of its
resolution 39/217 of 18 December 1984, approves the biennial programme
of work of the Second Committee for 1997-1998, as annexed to the
present decision.
ANNEX
Biennial programme of work for the Second Committee
for 1997-1998 17/
1997
Item 1. Report of the Economic and Social Council 18/
Target for World Food Programme pledges for the period
1999-2000
Documentation Relevant chapter of the report of the Economic
and Social Council
Prevention and control of acquired immunodeficiency syndrome
(AIDS)
Documentation Note by the Secretary-General transmitting the
report of the Director-General of the World
Health Organization on progress in the
implementation of the global strategy for the
prevention and control of acquired
immunodeficiency syndrome (AIDS) (General
Assembly resolution 47/40) 19/
World Food Summit
Documentation Note by the Secretary-General transmitting the
report of the Director-General of the Food and
Agriculture Organization of the United Nations
on the outcome of the World Food Summit
(General Assembly resolution 50/109) 19/
Permanent sovereignty over national resources in the occupied
Palestinian and other Arab territories
Documentation Report of the Secretary-General on economic
and social repercussions of the Israeli
settlements on the Palestinian people in the
Palestinian territory, including Jerusalem,
occupied since 1967, and on the Arab
population of the occupied Syrian Golan
(Economic and Social Council resolution
1996/40) 19/
Coordination of the activities of the organizations of the
United Nations system in the field of energy
Documentation Report of the Secretary-General on the
possibilities of strengthening the
coordination of the organizations and bodies
of the United Nations system in the field of
energy (Economic and Social Council resolution
1996/44) 19/
New and innovative ideas for generating funds
Documentation Report of the Secretary-General on all aspects
of new and innovative ideas for generating
funds for globally agreed commitments and
priorities (Economic and Social Council
resolution 1996/48) 19/
Item 2. Macroeconomic policy questions
(a) Financing of development, including net transfer of resources
between developing and developed countries
Documentation Report of the Secretary-General on the
implementation of General Assembly resolution
50/93 as related to the preparations for the
convening of an international conference on
the financing of development
Report of the Secretary-General on global
financial integration and the strengthening of
collaboration between the United Nations and
the Bretton Woods institutions (draft
resolution A/C.2/51/L.50)
(b) Trade and development
Documentation Report of the Trade and Development Board
(General Assembly resolution 1995 (XIX)) 19/
Report of the Secretary-General on the
implementation of General Assembly resolution
50/96 on economic measures as a means of
political and economic coercion against
developing countries
Report of the Secretary-General of the United
Nations and the Secretary-General of the
United Nations Conference on Trade and
Development on specific actions related to the
particular needs and problems of landlocked
developing countries (General Assembly
resolution 50/97)
Note by the Secretary-General transmitting the
report of the Secretary-General of the United
Nations Conference on Trade and Development
(draft resolution A/C.2/51/L.16/Rev.1, sect.
III, para. 14)
(c) Science and technology for development
Documentation Report of the Secretary-General on progress in
the implementation of General Assembly
resolution 50/101
(d) External debt crisis and development
Documentation Report of the Secretary-General on the
implementation of draft resolution
A/C.2/51/L.24/Rev.1
Item 3. Sectoral policy questions
(a) Industrial development cooperation
Documentation Report of the Secretary-General on the
implementation of General Assembly resolution
50/94 on the Second Industrial Development
Decade for Africa
(b) Business and development
Documentation Report of the Secretary-General (General
Assembly resolution 48/180)
(c) Food and sustainable agricultural development
Documentation Report of the Secretary-General on the
implementation of the World Food Summit Plan
of Action (draft resolution A/C.2/51/L.47)
Note by the Secretary-General transmitting the
report of the Director-General of the Food and
Agriculture Organization of the United Nations
on the outcome of the World Food Summit19
(General Assembly resolution 50/109 and draft
resolution A/C.2/51/L.47)
Item 4. Sustainable development and international economic
cooperation
(a) Agenda for development
(i) Agenda for development
No documentation requested
(ii) Renewal of the dialogue on strengthening international
economic cooperation for development through partnership
Documentation Report of the Secretary-General on the
implementation of draft resolution
A/C.2/51/L.52
(b) Implementation of the Programme of Action for the Least
Developed Countries for the 1990s
Documentation Report of the Secretary-General on the
implementation of General Assembly resolution
50/103
(c) Population and development
Documentation Report of the Secretary-General on the
implementation of draft resolution
A/C.2/51/L.43
(d) International migration and development, including the
convening of a United Nations conference on international
migration and development
Documentation Report of the Secretary-General (General
Assembly resolution 50/123)
(e) Implementation of the outcome of the United Nations
Conference on Human Settlements (Habitat II)
Documentation Report of the Commission on Human Settlements,
including the report of the Commission on the
implementation of the Global Strategy for
Shelter to the Year 2000 (General Assembly
resolutions 32/162, 43/180 and 43/181)19
Report of the Secretary-General on the
implementation of draft resolution
A/C.2/51/L.15/Rev.119
Report of the Secretary-General containing an
assessment of the United Nations Centre for
Human Settlements with a view to its
revitalization (draft resolution
A/C.2/51/L.15/Rev.1)
(f) First United Nations Decade for the Eradication of Poverty
Documentation Report of the Secretary-General on the
implementation of draft resolution
A/C.2/51/L.51, including the overall
assessment of the implementation of the
programme for the observance of the
International Year for the Eradication of
Poverty
(g) Women in development
Documentation Report of the Secretary-General on the
effective mobilization and integration of
women in development (General Assembly
resolutions 42/178 and 50/104)19
(h) Human resources development
Documentation Report of the Secretary-General on the
implementation of General Assembly resolution
50/105
(i) Cultural development
Documentation Report of the Secretary-General and the
Director-General of the United Nations
Educational, Scientific and Cultural
Organization on progress in the implementation
of the World Decade for Cultural Development
(General Assembly resolutions 41/187, 44/238,
45/189, 46/157 and 49/105 and Economic and
Social Council decision 1996/206)19
Item 5. Environment and sustainable development
Documentation Report of the Governing Council of the United
Nations Environment Programme (General
Assembly resolution 2997 (XXVII))19
Note by the Secretary-General on international
conventions and protocols in the field of the
environment (General Assembly resolution 3436
(XXX))
Oral report of the Secretary-General on the
implementation of General Assembly resolution
50/110
(a) Implementation of decisions and recommendations of the United
Nations Conference on Environment and Development
Documentation Relevant section of the report of the Economic
and Social Council on the work of the
Commission on Sustainable Development at its
fifth session (General Assembly resolution
47/191)
(b) Implementation of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious
Drought and/or Desertification, Particularly in Africa
Documentation Report of the Secretary-General on the
implementation of General Assembly resolution
50/114 on desertification and drought, and
draft resolution A/C.2/51/L.39
(c) Protection of global climate for present and future
generations of mankind
Documentation Report of the Secretary-General on the review
of the arrangements for administrative support
to the secretariat of the United Nations
Framework Convention on Climate Change
(General Assembly resolution 50/115)
Note by the Secretary-General transmitting the
report of the Executive Secretary of the
United Nations Framework Convention on Climate
Change on the results of the Conference of the
Parties to the Convention (draft resolution
A/C.2/51/L.33)
(d) International Decade for Natural Disaster Reduction
Documentation Report of the Secretary-General on progress
made in the implementation of General Assembly
resolution 50/117 B
Report of the Secretary-General on the format,
substance and timing of the final event of the
Decade (draft resolution A/C.2/51/L.42)
(e) Convention on Biological Diversity
Documentation Note by the Secretary-General transmitting the
report of the Executive Secretary of the
Convention on Biological Diversity on the
results of the Conference of the Parties to
the Convention (draft resolution
A/C.2/51/L.31)
(f) Implementation of the outcome of the Global Conference on the
Sustainable Development of Small Island Developing States
Documentation Progress report of the Secretary-General
(draft resolution A/C.2/51/L.35)
(g) Special session for the purpose of an overall review and
appraisal of the implementation of Agenda 21
Documentation Report of the Secretary-General on the special
session (draft resolution A/C.2/51/L.41)
Item 6. Operational activities for development
(a) Operational activities for development of the United Nations system
Documentation Relevant chapter of the report of the Economic
and Social Council
(b) Economic and technical cooperation among developing countries
Documentation Report of the High-level Committee on the
Review of Technical Cooperation among
Developing Countries (General Assembly
resolution 33/134)19
Report of the Secretary-General on the
implementation of General Assembly resolution
50/118 on cooperation between the United
Nations and the Southern African Development
Community
Report of the Secretary-General on the state
of South-South cooperation (General Assembly
resolution 50/119)
Item 7. Training and research
United Nations Institute for Training and Research
Documentation Report of the Secretary-General (draft
resolution A/C.2/51/L.27/Rev.1)
Note by the Secretary-General transmitting the
report of the Joint Inspection Unit on
training institution programmes and activities
of the United Nations system (draft resolution
A/C.2/51/L.27/Rev.1)
Item 8. Permanent sovereignty of the Palestinian people in the
occupied Palestinian territory, including Jerusalem, and of
the Arab population in the occupied Syrian Golan over their
natural resources
Documentation Report of the Secretary-General on the
implementation of draft resolution
A/C.2/51/L.30/Rev.2
1998 20/
Item 1. Report of the Economic and Social Council 21/
United Nations Population Award
Documentation Note by the Secretary-General transmitting the
report of the Executive Director of the United
Nations Population Fund on the United Nations
Population Award and Trust Fund (Economic and
Social Council decision 1982/112)
Public administration and development
Documentation Report of the Secretary-General on public
administration and development (General
Assembly resolution 50/225)19
Item 2. Macroeconomic policy questions
(a) Financing of development, including net transfer of resources
between developing and developed countries
Documentation Report of the Secretary-General on the
implementation of draft resolution
A/C.2/51/L.53
(b) Trade and development
Documentation Report of the Trade and Development Board
(General Assembly resolution 1995 (XIX))19
Note by the Secretary-General of the United
Nations transmitting the report of the
Secretary-General of the United Nations
Conference on Trade and Development on the
implementation of draft resolution
A/C.2/51/L.25
(c) Commodities
Documentation Note by the Secretary-General transmitting the
report of the Secretary-General of the United
Nations Conference on Trade and Development on
world commodity trends and prospects (draft
resolution A/C.2/51/L.49)
Item 3. Sectoral policy questions
(a) Industrial development cooperation
Documentation Report of the Secretary-General on the
implementation of draft resolution
A/C.2/51/L.46
Note by the Secretary-General transmitting the
report of the United Nations Industrial
Development Organization on best practices and
lessons learned in the field of industrial
development (draft resolution A/C.2/51/L.46)
(b) Business and development
Documentation Report of the Secretary-General on the
implementation of draft resolution
A/C.2/51/L.37
Item 4. Sustainable development and international economic
cooperation
Documentation Report of the Secretary-General and the
Director-General of the United Nations
Educational, Scientific and Cultural
Organization on the implementation of General
Assembly resolution 50/130 and draft
resolution A/C.2/51/L.45 on communication for
development programmes in the United Nations
system
(a) Implementation and follow-up to major consensus agreements on
development
(i) Implementation of the commitments and policies agreed
upon in the Declaration on International Economic
Cooperation, in particular the Revitalization of Economic
Growth and Development of the Developing Countries
(ii) Implementation of the International Development Strategy
for the Fourth United Nations Development Decade
Documentation Report of the Secretary-General on the
implementation of the Declaration on
International Economic Cooperation, in
particular the Revitalization of Economic
Growth and Development of the Developing
Countries, and on the implementation of the
International Development Strategy for the
Fourth United Nations Development Decade
(General Assembly resolutions 45/199, 47/152,
48/185 and 49/92 and draft resolution
A/C.2/51/L.32)
(b) Integration of the economies in transition into the world economy
Documentation Report of the Secretary-General (General
Assembly resolutions 48/181 and 49/106 and
draft resolution A/C.2/51/L.17)
(c) First United Nations Decade for the Eradication of Poverty
Documentation No documentation requested (draft resolution
A/C.2/51/L.51)
(d) Cultural development
Documentation Report of the Secretary-General and the
Director-General of the United Nations
Educational, Scientific and Cultural
Organization on the follow-up to the report of
the World Commission on Culture and
Development (draft resolution A/C.2/51/L.34)
Item 5. Environment and sustainable development
Documentation Report of the Secretary-General on products
harmful to health and the environment (General
Assembly resolution 34/173)19
(a) Implementation of the decisions and recommendations of the
United Nations Conference on Environment and Development
Documentation Relevant section of the report of the Economic
and Social Council on the work of the
Commission on Sustainable Development at its
sixth session (General Assembly resolution
47/191)
(b) Implementation of the outcome of the Global Conference on the
Sustainable Development of Small Island Developing States
Documentation Report of the Secretary-General on the plans,
programmes and projects for the sustainable
development of small island developing States
that have been implemented in response to the
Programme of Action for the Sustainable
Development of Small Island Developing States
(General Assembly resolution 50/116 and draft
resolution A/C.2/51/L.35)
Relevant chapter of the report of the Economic
and Social Council containing the views of the
Committee for Development Planning on the
report of the Secretary-General on the
vulnerability index (draft resolution
A/C.2/51/L.35)
Item 6. Operational activities for development
Documentation Report of the Secretary-General on
preparations for the special session of the
General Assembly to review the achievement of
the goals of the World Summit for Children
(draft resolution A/C.2/51/L.44)
(a) Triennial policy review of operational activities for
development of the United Nations system
Documentation Report of the Secretary-General on the
triennial policy review of operational
activities undertaken by the United Nations
development system (General Assembly
resolution 50/120)19
Item 7. Training and research
United Nations University
Documentation Report of the Council of the United Nations
University
Report of the Secretary-General (draft
resolution A/C.2/51/L.20)
-----
Notes
1/ A/51/3 (Parts I-III); to be issued in final form as Official
Records of the General Assembly, Fifty-first Session, Supplement No. 3
(A/51/3/Rev.1).
2/ A/51/135-E/1996/51.
3/ The representative of Eritrea subsequently indicated that he had
intended to vote in favour, and the representative of Colombia stated
that had he been present he would have voted in favour.
4/ Report of the United Nations Conference on Environment and
Development, Rio de Janeiro, 3-14 June 1992, vol. I, Resolutions
Adopted by the Conference (United Nations publication, Sales
No. E.93.I.8 and corrigendum), resolution 1, annex II.
5/ Ibid., annex I.
6/ A/51/116, annex I, appendix II.
7/ Ibid., annex II.
8/ United Nations, Treaty Series, vol. 75, No. 973.
9/ A/49/180-S/1994/727, annex.
10/ A/51/135-E/1996/51.
11/ E/1991/31/Add.1.
12/ See E/1996/99.
13/ See E/1996/106.
14/ A/51/3 (Parts I-III) (to be issued in final form as Official
Records of the General Assembly, Fifty-first Session, Supplement No. 3
(A/51/3/Rev.1)), chaps. I, III, IV, V (sects. B-E and H) and VII.
15/ A/51/379.
16/ A/51/534.
17/ The Second Committee will, in accordance with established practice
and in pursuance of General Assembly decision 38/429, hold a general
debate each year at the beginning of its work.
18/ The list of questions and documentation under this item
corresponds to requests for reports from the General Assembly. The
list will be finalized after the Economic and Social Council completes
its work in 1997.
19/ Report submitted to the General Assembly through the Economic and
Social Council.
20/ The programme of work and documentation list for 1998 will be
updated in 1997, taking into account the decisions of the General
Assembly at its fifty-first session.
21/ The list of questions and documentation under this item is only
indicative of requests for reports from the General Assembly. The
list will be finalized after the Council completes its work in 1997.