Distr.

GENERAL

CERD/SP/47
11 January 1994

Original: ENGLISH

Provision of Sufficient Resources : . 11/01/94.
CERD/SP/47. (Meeting of States Parties)

Convention Abbreviation: CERD
MEETING OF THE STATES PARTIES
Fifteenth meeting
New York, 12 January 1994
Item 6 of the provisional agenda

PROVISION OF SUFFICIENT RESOURCES TO ENSURE THE EFFECTIVE
FUNCTIONING OF THE COMMITTEE ON THE ELIMINATION OF RACIAL
DISCRIMINATION

Report of the Secretary-General

1. The purpose of the present report is to set out the modalities for the financing of the activities related to the Committee on the Elimination of Racial Discrimination as from 1 January 1994.

2. It will be recalled that, in accordance with article 8, paragraph 6, of the Convention on the Elimination of Racial Discrimination, States parties to the Convention are responsible for the expenses of the members of the Committee on the Elimination of Racial Discrimination while they are in performance of Committee duties. The Committee normally holds two sessions a year of three weeks' duration each.

3. As agreed by States parties, the expenses of the members of the Committee are apportioned among the States parties on the following basis:

- 50 per cent apportioned equally among all the States parties;

- 50 per cent apportioned proportionally on the basis of the scale of assessment applicable to the United Nations regular budget.

States parties have been assessed in advance annually, based on estimates of the expenditures to be incurred during a particular year. Adjustments attributable to the difference between estimated and actual expenditures for any particular year were made two years later against assessments for that year.

4. Over the years, a number of States parties to the Convention have failed to fulfil their financial obligations. This has resulted in a shortage of funds and has led to the cancellation of a number of sessions of the Committee on the Elimination of Racial Discrimination in the recent past. Despite numerous appeals made both by the Secretary-General and the General Assembly to the States parties to honour their financial obligations under the Convention, a number of States parties are still not fulfilling their obligations.

5. It is further recalled that on 15 January 1992, the Fourteenth Meeting of States Parties to the International Convention on the Elimination of All Forms of Racial Discrimination adopted without a vote an amendment proposed by Australia to replace paragraph 6 of article 8 of the Convention with a new paragraph and to add a further paragraph, as article 8, paragraph 7. The amendment as adopted is as follows:

Article 8, paragraph 6: "The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the Convention."

Article 8, paragraph 7: "The members of the Committee established under the present Convention shall, with the approval of the General Assembly, receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide."

6. The meeting of States parties also recommended that the General Assembly approve the amendment at its forty-seventh session and decided that the amendment should enter into force after it had been approved by the Assembly and accepted by two thirds of the States parties, which shall have so notified the Secretary-General as depositary.

7. By its resolution 47/111 of 16 December 1992, the General Assembly endorsed the above amendment to the International Convention on the Elimination of All Forms of Racial Discrimination, and requested the Secretary-General to take the appropriate measures to provide for the financing of the Committee on the Elimination of Racial Discrimination from the regular budget of the United Nations for the biennium 1994-1995 and to take the necessary measures to ensure that the Committee meets as scheduled until the amendment enters into force.

8. Acting in his capacity as depositary, the Secretary-General communicated the amendment to all States parties on 1 March 1993. It will be recalled that at their Fourteenth Meeting, the States parties decided that the amendment would enter into force when accepted by a two-thirds majority of States parties which had so notified the Secretary-General as depositary. As at 31 December 1993, notifications of acceptance had been received from 5 out of 132 States parties to the Convention.

9. In the light of the above General Assembly resolution, the Committee on the Elimination of Racial Discrimination shall be financed under the regular budget of the Organization as from 1 January 1994. To this purpose, estimated provisions have been included in the proposed programme budget for the biennium 1994-1995 and were approved by the General Assembly. Accordingly, the current funding arrangements will be discontinued as of 31 December 1993. At the same time it will be recalled that in paragraph 7 of its decision taken in January 1992, the Fourteenth Meeting of States Parties emphasized that the entry into force of the amendments cannot in any way be interpreted as relinquishing the obligation of those States parties to meet in full any arrears in payments of their contributions.

10. The status of contributions as at 31 December 1993 is contained in the annex to the report.



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