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67th Session of the UNGA,3rd Committee: on the Draft Resolution Entitled: “Extrajudicial, summary or arbitrary executions”

Thursday, 20 December 2012
Presenter: 
H.E. Ambassador Raymond Wolfe
Location: 
New York

Thank you, Mr Chairman,

 

I take this opportunity to explain Jamaica’s position on the resolution entitled Extrajudicial, summary or arbitrary executions, which has been tabled as document L.36.

 

At the outset, let me state categorically that Jamaica condemns all forms of extrajudicial, summary or arbitrary executions whenever and wherever they occur, in any context and on any basis. Furthermore, Jamaica supports efforts to combat such acts whether at the domestic, regional or international levels.

 

At the same time, Mr Chairman, Jamaica wishes to express reservations on preambular paragraph 9 and some elements in operative paragraph 5.

 

Although Jamaica voted in favour of the draft resolution as a whole, it is our view that the way in which the text is drafted in both paragraphs, imply that the use of the death penalty automatically amounts to extrajudicial, summary or arbitrary execution. The suggestion is that death penalty and extrajudicial killings are one and the same thing. This is an interpretation that Jamaica does not share.

 

Furthermore, we do not support calls upon States which retain the death penalty, which is done in some texts considered in this Committee because this call fails to reflect the universal responsibility of all States. We therefore find such references unbalanced and unhelpful.

 

Jamaica’s perspective is that the imposition of the death penalty is not arbitrary and does not run counter to domestic or international law. In fact it is applied in accordance with due process of law and judicial safeguards t the domestic level, and is provided for under international law.

 

Jamaica recognizes that the text of the resolution addresses an important issue against the violation of a person's basic rights under almost all legal systems. This is the basis for our support for the resolution because the Government of Jamaica does not support impunity.

 

Mr Chairman,

With regard to operative paragraph 6 (b), our reservation on goes beyond the issue of sexual orientation and gender identity, which was the subject of today’s vote. We hold the view that a more holistic approach is required in the context of this paragraph. We find the paragraph cumbersome, and unwieldy. We do not believe it was necessary to include what amounts to a “shopping list” of categories that is not exhaustive. There are several other categories of vulnerable persons that have been left out of the paragraph which could have been included. Instead, the focus should have been the broad concept of preventing discrimination against all vulnerable persons. This is a general principle which everyone can support.

 

It is our hope that in future negotiations on this text, the co-sponsors would consider a more general reference to all vulnerable groups without any distinction.

 

Mr Chairman,

Given the importance of this matter in the context of human rights, the resolution should, therefore, not include politically divisive issues which impose on a country's national system/beliefs. It should be expressed in a manner that does not impose one value system over another, thus respecting the human rights concerns of all.

 

We request that this statement be included in the records of the Committee.

 

I thank you for your attention.