Oct. 28, 1996

Statement by H.E. Professor David Rubadiri Ambassador and permanent representative of Malawi to the UN

Mr. Chairman,

[...] We have studied very carefully the Report of the Preparatory Committee as contained in Supplement No. 22 (A/51/22). It is now our wish to make the following comments and observations:

a) We endorse fully the conclusions of the Preparatory Committee. We attach particular importance to delegations having full powers to negotiate with a view to producing a draft consolidated text. It is our sincere hope that the draft resolution on this matter will contain an express provision in this regard. From our experience during the August session of the Preparatory Committee, we believe such a provision could last in expediting our work.

b) We find the identification of the topics to be discussed very appropriate. While commending some flexibility, we are convinced that early discussion, hopefully leading to some understanding or agreement, on the question relating to complementary and trigger mechanism, has greater chances for some substantial progress in the work of the Preparatory Committee. The completion by the International Law Commission of its work on the draft Code of Crimes against the Peace and Security of Mankind should surely provide some fresh impetus to this problematic aspect of the statute. At any rate, it would be helpful for planning purposes to agree on the issues that will be dealt with at a particular session of the Preparatory Committee. Informal consultation conducted in advance have proven helpful in the past. These consultations could conducted by the Chairman of the Preparatory Committee, or indeed the Legal Counsel, as he has ably done on the work programme of the Sixth Committee.

c) We believe, coming as we do from a developing country, that the General Assembly should give serious consideration to ways and means of assisting developing countries so that they are able to send the relevant experts to attend the sessions of the Preparatory Committee. For some of us it has been particularly difficult to attend all the Sessions of the Preparatory Committee because of financial constraints. [...] We have had the opportunity of studying the draft resolution proposed by the Chairman of the Preparatory Committee. We have taken onto account the difficulties that other proposals which would have been more suitable to us seem to present. We therefore lend our support to his proposal on this very point.

d) Last, but not least, we believe that it is realistic to regard the holding of a diplomatic conference of plenipotentiaries in 1998 as feasible. In fact, it is important that we should set for ourselves the possible dates for the convening of this all important conference. [...]