Sommaire: 12 November 2009, New York – Explanation of Vote on behalf of the European Union by the Permanent Mission of Sweden to the United Nations, 64th Session of the General Assembly Third Committee, draft resolution L.48 GA64: Equitable geographical distribution in the membership of the human rights treaty bodies
Mr. Chairperson,
I have the honour to speak on behalf of the EU.
The following countries align themselves with this statement:
The candidate Countries Turkey, Croatia*, the former Yugoslav Republic of Macedonia*, the Countries of the Stabilisation and Association Process and potential candidates Albania, Montenegro, Serbia and the EFTA Country Norway, member of the European Economic Area, as well as Ukraine and the Republic of Moldova.
Although the European Union fully recognises the importance of the principle of equitable geographical distribution, including in the composition of human rights treaty bodies, the EU is opposed to the draft resolution contained in L.48, for the following reasons:
The human rights treaties contain provisions that prescribe the composition of their treaty bodies, i.e. through elections of nationals of States Parties. Some treaties do make reference to the fact that consideration shall be given to equitable geographical distribution, as well as to principal legal systems. However it is not up to the General Assembly to modify these provisions; nor should the General Assembly be pushing States Parties to do so.
The draft resolution is particularly prescriptive, in an uncalled for manner, when it touches on the establishment of a quota distribution system in OP4. The European Union strongly opposes the idea of a quota system and does not wish to follow-up on it in the context of this GA resolution.
Furthermore, the European Union strongly objects to OP6 of the present resolution, which requests the Chairpersons of the human rights treaty bodies to present specific recommendations for the achievement of the goal of equitable geographical distribution. There are two things fundamentally wrong with this paragraph: (1) It is not for the GA to make any request to Chairpersons of treaty bodies, who have been elected as independent experts to serve in their personal capacity and (2) it is not up to Chairpersons of human rights treaty bodies to consider or recommend a quota system. If anything, this is an issue that needs to be discussed by States Parties.
The European Union regrets that the delegation of Cuba has not incorporated more constructive suggestions on how to achieve a better balance in human rights treaty bodies, without resorting to the establishment of a quota system. The European Union also regrets that this year again no informal consultations were convened to enable further constructive discussion resulting in a more acceptable text.
However, the text being as it is, the European Union will be voting against.
* Croatia and the former Yugoslav Republic of Macedonia continue to be part of the Stabilisation and Association Process.
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