21 November 2024 :
18 November 2024 - United Nations. 79th Session, 52nd & 53rd Meetings
Death Penalty Moratorium among 9 Draft Resolutions Approved by Third Committee
The Third Committee (Social, Humanitarian, and Cultural) approved 9 draft resolutions today, including texts on trafficking in women and girls, forced marriage, extreme poverty and the moratorium on the death penalty.
The Committee approved the draft resolution titled “Moratorium on the use of the death penalty” (document A/C.3/79/L.37/Rev.1), as amended, by a vote of 131 in favour, 36 against, with 21 abstentions. By the text, the General Assembly would call on all States to establish a moratorium on executions, with a view to abolishing the death penalty, as well as to respect international standards that provide safeguards guaranteeing protection of the rights of those facing the death penalty and ensure that any trial leading to the imposition of the death penalty complies with internationally recognized fair trial guarantees.
Introducing the draft “rooted in the principles of human dignity and the right to life”, Italy’s delegate recalled that 75 years ago when the Universal Declaration of Human Rights was adopted, only 10 countries had abolished the death penalty. Today, over 2/3 of countries have done so in law or in practice. “This demonstrates a growing global momentum, with a universal character,” he stressed, citing this text as “instrumental” in supporting this trend.
In 2023, the number of countries that carried out executions reached the lowest figure on record, he continued, adding that retentionist countries — even though “extremely vocal in this room” — are increasingly isolated worldwide. Underscoring that the abolition of the death penalty is not a matter of “culture” or “tradition”, he said this draft is crucial for promoting the right to life and addressing irreversible justice errors. He also stressed that the text does not call for any constitutional change or revision of national legislation.
Prior to the vote, the Committee approved by a vote of 105 in favour to 65 against, with 13 abstentions an amendment to the draft (document A/C.3/79/L.54), which would add the operative paragraph “Reaffirms the sovereign right of all countries to develop their own legal systems, including determining appropriate legal penalties, in accordance with their international law obligations” before operative paragraph 1.
“The text of the amendment is neutral, simple and constructive,” said the representative of Singapore in introducing the revision, noting that the paragraph added has repeatedly been voted back into the resolution with an overwhelming majority, whose opinions are dismissed by its deletion.
Many delegates echoed that sentiment, noting that the amendment's proponents are repeatedly forced to reintroduce it to be voted into the biennial moratorium resolution. The amendment is very direct in emphasizing that States, in including the death penalty in their legal systems, are only exercising their sovereign rights in accordance with their obligations under international law, they asserted.
However, other delegates countered that the amendment attempts to distract from the draft's main focus, urging States to consider applying a moratorium on executions. The proposed amendment, meanwhile, implies that States can use sovereignty as an excuse to disregard the universality of human rights and consider this call to action null and void.
After the approval of “L.37/Rev.1”, as amended, numerous speakers underscored that today’s vote clearly demonstrates the continued momentum to realize the commitment to abolish capital punishment, with a delegate stating: “The growing support for the resolution solidifies the emerging international consensus and understanding that the death penalty is a cruel, inhuman and degrading punishment that is incompatible with the inalienable right to life and human dignity.”
https://press.un.org/en/2024/gashc4431.doc.htm
