Sixth Committee (Legal) — 69th session
United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law (Agenda item 77)
- Authority: resolution 68/110
Documentation
Summary of work
Background (source: A/69/100)
The United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law was established by the General Assembly at its twentieth session, in 1965 (resolution 2099 (XX)), to contribute towards a better knowledge of international law as a means of strengthening international peace and security and of promoting friendly relations and cooperation among States. The Assembly authorized the continuation of the Programme annually until its twenty-sixth session, biennially until its sixty-fourth session and annually thereafter (resolutions 2204 (XXI), 2313 (XXII), 2464 (XXIII), 2550 (XXIV), 2698 (XXV), 2838 (XXVI), 3106 (XXVIII), 3502 (XXX), 32/146, 34/144, 36/108, 38/129, 40/66, 42/148, 44/28, 46/50, 48/29, 50/43, 52/152, 54/102, 56/77, 58/73, 60/19, 62/62, 64/113, 65/25, 66/97, 67/91 and 68/110).
In the performance of the functions entrusted to him by the General Assembly, the Secretary-General is assisted by the Advisory Committee on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law, the members of which are appointed by the Assembly.
At its sixty-eighth session, the General Assembly approved the guidelines and recommendations contained in section III of the report of the Secretary-General on the Programme of Assistance and authorized the Secretary-General to carry out the activities specified in his report in 2014 and 2015, as well as to award a minimum of one scholarship under the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea in 2014 and 2015. The Assembly authorized the Secretary-General to continue and further develop the United Nations Audiovisual Library of International Law as a major contribution to the teaching and dissemination of international law around the world and to continue to finance the activity from provisions in the regular budget, as well as, when necessary, from voluntary financial contributions.
At the same session, the General Assembly reiterated its request to the Secretary-General in accordance with resolution 67/91, in particular paragraph 7 thereof, to provide to the programme budget for the biennium 2014-2015 the resources necessary for the Programme of Assistance to ensure the continued effectiveness and further development of the Programme, in particular the organization of United Nations Regional Courses in International Law on a regular basis and the viability of the United Nations Audiovisual Library of International Law. The Assembly requested the Secretary-General to periodically invite Member States, universities, philanthropic foundations and other interested national and international institutions and organizations, as well as individuals, to make voluntary contributions towards the financing of the Programme of Assistance or otherwise to assist in its implementation and possible expansion. The Assembly also requested the Secretary-General to report to it at its sixty-ninth session on the implementation of the Programme of Assistance in 2014 and, following consultations with the Advisory Committee on the Programme of Assistance, to submit recommendations regarding the Programme in subsequent years. The Assembly concluded that voluntary contributions had not proven to be an adequate method for funding activities of the Programme of Assistance specified in the report of the Secretary-General and in resolution 67/91, in particular the United Nations Regional Courses in International Law and the United Nations Audiovisual Library of International Law, and that, consequently, there was a need to provide more reliable funding for those activities, taking into account the conclusion of the Advisory Committee at its forty-eighth session (resolution 68/110).
Consideration at the sixty-ninth session
The Sixth Committee considered the item at its 13th, 14th, 22nd and 24th meetings, on 17, 20, 29 and 31 October 2014 (A/C.6/69/SR.13, 14, 22 and 24).
For its consideration of the item, the Committee had before it the report of the Secretary-General (A/69/516 and Add.1), as well as a letter dated 29 August 2014 from the Permanent Representative of Mauritania to the United Nations addressed to the Secretary-General, in his capacity as the then representative of the current Chair of the African Union (A/69/524).
During the 13th meeting, the Chair of the Advisory Committee on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law introduced the conclusions and recommendations of the Advisory Committee, as contained in paragraphs 7 to 12 of the addendum to the report of the Secretary-General (A/69/516/Add.1) (A/C.6/69/SR.13). The Chair noted that these had been carefully negotiated in a spirit of common commitment, cooperation and compromise.
The Chair explained that paragraph 7 of the Addendum reflected the concern of the Advisory Committee with the continued insufficient funding for the Programme of Assistance, in particular the cancellation of the Regional Courses for Asia-Pacific and for Latin America and the Caribbean in 2014, and reiterated the Advisory Committee’s conclusion that voluntary contributions have not proved to be a sustainable method for funding the activities under the Programme of Assistance. The Advisory Committee noted that there was a need to provide more reliable funding for all its activities through the regular budget or through voluntary contributions.
In paragraph 8, the Advisory Committee recalled the relevant paragraphs of previously adopted resolutions in which the Assembly had requested the Secretary-General to provide the necessary resources to the programme budget for the Programme of Assistance, in particular for the organization of the Regional Courses in International Law and the Audiovisual Library of International Law. The Advisory Committee noted with serious concern that those provisions had not been implemented. The Chair observed that as a result of insufficient resources, several of the planned activities for 2014 were not implemented. Therefore, in paragraph 9, the Advisory Committee recommended that the General Assembly be invited to revisit the matter of funding under the programme budget for the current biennium 2014-2015 for the Programme of Assistance, in particular the Regional Courses and the Audiovisual Library for the year 2015.
The Chair then turned to paragraph 10, in which Advisory Committee recommended that the General Assembly specifically request the Secretary-General to include additional resources in the proposed programme budget for the next biennium 2016-2017 for the organization of the Regional Courses in International Law for Africa, for Asia-Pacific and for Latin America each year and for the continuation and further development of the Audiovisual Library of International Law in 2016 and 2017. In this regard, the Chair noted that the additional resources needed to implement these activities included funding and staff, as indicated in the relevant sections of the report of the Secretary-General.
Turning to paragraph 11, concerning the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea, the Chair observed that there were concerns about providing adequate funding to ensure the award of at least one fellowship a year and recalled that there had been instances in the past when this had not been possible due to insufficient voluntary contributions. He also explained that the mandate for this fellowship established by the General Assembly specifically provides that it should be funded by voluntary contributions and that there was currently no mandate for regular budget funding for this fellowship. Consequently, the Advisory Committee recommended that the Assembly request the Secretary-General to include in the regular budget, for the General Assembly’s consideration, the necessary funding for the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea with effect from the biennium 2016-2017, should voluntary contributions be insufficient for granting at least one Fellowship a year.
The Chair further explained that in light of the failure to implement requests for additional resources in the programme budget for the Programme of Assistance in previous years, the Advisory Committee recommended, in paragraph 12, that the Secretary-General be requested to report on the implementation of the provisions of the resolution to be adopted under the agenda item.
Statements were made by the representatives of the Plurinational State of Bolivia (on behalf of the G77 and China), the Lao People’s Democratic Republic (on behalf of the Association of Southeast Asian Nations (ASEAN)), South Africa (on behalf of the African Group), Costa Rica (on behalf of the Community of Latin American and Caribbean States (CELAC)), the European Union, also on behalf of its Member States (the candidate countries The former Yugoslav Republic of Macedonia and Serbia, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, as well as Ukraine, the Republic of Moldova, Armenia and Georgia aligned themselves with the statement), Sudan, the Russian Federation, Argentina, Ethiopia, Brazil, Malaysia, Australia, the United Republic of Tanzania, Uruguay, Nigeria, Algeria, Belarus, Norway (also on behalf of Iceland), Sri Lanka, Pakistan, Ireland, the United States of America, Tonga (on behalf of the Pacific Small Island Developing States (PSIDS)), Thailand, China [in English], Guatemala, New Zealand, Qatar, France, Kenya, Trinidad and Tobago, Lebanon, Chile, Portugal, Sierra Leone and Saudi Arabia.
Delegations welcomed the report of the Secretary-General (A/69/516 and Add.1) and stressed the vital role of the Programme of Assistance for developing and developed countries, particularly to strengthen international peace and security, to ensure friendly relations and cooperation amongst States, and to support the rule of law. Delegations underlined the importance of the Programme in capacity-building and in enhancing the knowledge and understanding of international law, particularly for developing countries. They commended the work of the Office of Legal Affairs and in particular that of the Codification Division.
Delegations expressed concern about the financial situation of the Programme, with several delegations emphasizing again the unsustainability of the Programme under voluntary contributions and the importance of providing adequate resources for the Programme. They welcomed, in this regard, the recommendations of the Advisory Committee (A/69/516/Add.1), with some delegations recalling the relevant paragraphs of previous resolutions on the funding of Programme of Assistance activities, and expressing regret that they had not been implemented. Delegations expressed their appreciation for those States who had made voluntary contributions to the activities of the Programme and some delegations encouraged States to continue and enhance the making of such contributions. Some delegations noted that voluntary contributions had not been an adequate method of funding, and that such contributions had declined in recent years. They expressed the hope that practical and sustainable financing solutions would be established soon.
The Audiovisual Library of International Law was commended by several delegations as a very important resource to assist in achieving the goals of the Programme. In this regard, some delegations noted their concern of its potential discontinuance due to insufficient resources. The large number of international law focused websites maintained by the Codification Division was also praised.
Appreciation for the International Law Fellowship Programme was expressed by several delegations. Delegations also expressed their strong support for the Regional Courses in International Law and noted their deep regret over the cancellation of Regional Courses for Asia-Pacific and for Latin America and the Caribbean. They expressed their hope for their organization in the future and commended Ethiopia, Uruguay and Thailand for agreeing to host Regional Courses in their respective regions. Several delegations expressed specific thanks to Australia for its voluntary contribution for the Regional Course for Africa in 2014.
With respect to legal publications and study books, several delegations noted the importance of these materials produced by the Codification Division and regretted the discontinuation of the desktop publishing of the Division. The necessity of having the summaries of the decisions of the International Court of Justice in all official languages of the United Nations was stressed.
Several delegations recognized the importance of the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea and some delegations welcomed the Advisory Committee’s recommendations with respect to funding of this scholarship.
Action taken by the Sixth Committee
At the 22nd meeting, on 29 October, the representative of Ghana, on behalf of the Bureau, introduced a draft resolution entitled “United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law” (A/C.6/69/L.7). At its 24th meeting, on 31 October, the Committee adopted draft resolution A/C.6/69/L.7, without a vote.
Under the terms of the draft resolution, the General Assembly would reaffirm that the Programme constitutes a core activity of the United Nations and recognize the Programme’s important contribution to the furtherance of the United Nations rule of law programmes and activities. The Assembly would, inter alia, note with serious concern that the provisions of paragraph 7 of resolutions 66/97, 67/91 and 68/110 have not been implemented, and therefore decide to revisit the matter of funding for the Programme of Assistance under the programme budget for the biennium 2014-2015, in particular the Regional Courses in International Law and the Audiovisual Library of International Law for the year 2015. It would request the Secretary-General to include additional resources under the proposed programme budget for the biennium 2016-2017 for the organization of the Regional Courses in International Law for Africa, for Asia-Pacific and for Latin America and the Caribbean each year, and for the continuation and further development of the Audiovisual Library of International Law. It would also request the Secretary-General to include in the regular budget, for consideration by the Assembly, the necessary funding for the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea with effect from the biennium 2016-2017, should voluntary contributions be insufficient for granting at least one fellowship a year.
Subsequent action taken by the General Assembly
This agenda item will be considered at the seventieth session (2015).
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