DOCUMENTS

Why we abstained on latest UN vote on Ukraine - DIRCO

Dept says resolution sadly brings us no closer to laying the foundations for a durable peace [with text]

Explanation of vote on Resolution A/ES-11/L.7 on Ukraine during the 11th UNGA ESS, Thursday, 23 February 2023

23 February 2023

South Africa continues to express its deep regret that the war in Ukraine, which marks its first anniversary, continues to destroy innocent lives and critical infrastructure, as well as displacing millions.

This is a war whose impact has resonated across the globe, affecting the livelihoods of the most vulnerable, and heightening the current debilitating global food, fuel, and finance crisis.

South Africa wishes to stress its unwavering belief in the Purposes and Principles of the UN Charter. We believe that sovereignty and the territorial integrity of all States should be sacrosanct, and this also applies to Ukraine.

We are also firm in our resolve that urgent actions are needed to end the war. However, it is a sad indictment of our efforts that we as the international community have been unable to come up with concrete proposals to create the conditions to do so. As South Africa has stated before in this Assembly, diplomacy and dialogue is the only path that will lead to a sustainable and peaceful resolution of the conflict.

This resolution on the war in Ukraine, which comes amidst an influx of arms to the region, perpetuating greater acts of violence and increased human suffering. This, together with the threat of nuclear war makes peace seem less attainable.

Over the last year, the UN General Assembly has adopted a series of resolutions on Ukraine. As we have asked the Assembly before, are our words and actions focused on the maintenance of peace OR creating further divisions that make the attainment of immediate peace less likely?

While we support the present resolution’s focus on the principles of the Charter and international law, it sadly brings us no closer to laying the foundations for a durable peace and bringing an end to the devastation and destruction.

What we need is a firm unequivocal commitment to peace, from all parties. A resolution calling for peace without firm action will ring hollow.

Statement issued by DIRCO, 23 February 2023

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Text of the resolution:

United Nations A/ES-11/L.7

General Assembly          Distr.: Limited

16 February 2023

Original: English

Eleventh emergency special session

Agenda item 5

Letter dated 28 February 2014 from the Permanent

Representative of Ukraine to the United Nations addressed to the President of the Security Council (S/2014/136)

Albania, Andorra, Argentina, Australia, Austria, Bahamas, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Costa Rica, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Guatemala, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liberia, Liechtenstein, Lithuania, Luxembourg, Malta, Marshall Islands, Micronesia (Federated States of), Monaco, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Palau, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, Türkiye, Ukraine, United Kingdom of Great Britain and Northern Ireland and United States of America:* draft resolution

Principles of the Charter of the United Nations underlying a comprehensive, just and lasting peace in Ukraine

The General Assembly,

Recalling the purposes and principles enshrined in the Charter of the United Nations,

Recalling also the obligation of all States under Article 2 of the Charter of the United Nations to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations, and to settle their international disputes by peaceful means,

Reaffirming that no territorial acquisition resulting from the threat or use of force shall be recognized as legal,

Recalling its relevant resolutions adopted at its eleventh emergency special session and its resolution 68/262 of 27 March 2014,

Stressing, one year into the full-scale invasion of Ukraine, that the achievement of a comprehensive, just and lasting peace would constitute a significant contribution to strengthening international peace and security,

Recalling the order of the International Court of Justice of 16 March 2022, 1

Deploring the dire human rights and humanitarian consequences of the aggression by the Russian Federation against Ukraine, including the continuous attacks against critical infrastructure across Ukraine with devastating consequences for civilians, and expressing grave concern at the high number of civilian casualties, including women and children, the number of internally displaced persons and refugees in need of humanitarian assistance, and violations and abuses committed against children,

Noting with deep concern the adverse impact of the war on global food security, energy, nuclear security and safety and the environment,

1. Underscores the need to reach, as soon as possible, a comprehensive, just and lasting peace in Ukraine in line with the principles of the Charter of the United Nations;

2.  Welcomes and expresses strong support for the efforts of the Secretary- General and Member States to promote a comprehensive, just and lasting peace in Ukraine, consistent with the Charter, including the principles of sovereign equality and territorial integrity of States;

3. Calls upon Member States and international organizations to redouble support for diplomatic efforts to achieve a comprehensive, just and lasting peace in Ukraine, consistent with the Charter;

4. Reaffirms its commitment to the sovereignty, independence, unity and territorial integrity of Ukraine within its internationally recognized borders, extending to its territorial waters;

5. Reiterates its demand that the Russian Federation immediately, completely and unconditionally withdraw all of its military forces from the territory of Ukraine within its internationally recognized borders, and calls for a cessation of hostilities;

6.  Demands that the treatment by the parties to the armed conflict of all prisoners of war be in accordance with the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949 2 and Additional Protocol I to the Geneva Conventions of 1949, 3 and calls for the complete exchange of prisoners of war, the release of all unlawfully detained persons and the return of all internees and of civilians forcibly transferred and deported, including children;

7. Calls for full adherence by the parties to the armed conflict to their obligations under international humanitarian law to take constant care to spare the civilian population and civilian objects, to ensure safe and unhindered humanitarian access to those in need, and to refrain from attacking, destroying, removing or rendering useless objects indispensable to the survival of the civilian population;

8. Also calls for an immediate cessation of the attacks on the critical infrastructure of Ukraine and any deliberate attacks on civilian objects, including those that are residences, schools and hospitals;

9. Emphasizes the need to ensure accountability for the most serious crimes under international law committed on the territory of Ukraine through appropriate, fair and independent investigations and prosecutions at the national or international level, and ensure justice for all victims and the prevention of future crimes;

A/ES-11/L.7Urges all Member States to cooperate in the spirit of solidarity to address the global impacts of the war on food security, energy, finance, the environment and nuclear security and safety, underscores that arrangements for a comprehensive, just and lasting peace in Ukraine should take into account these factors, and calls upon Member States to support the Secretary-General in his efforts to address these impacts;

10. Decides to adjourn the eleventh emergency special session of the General Assembly temporarily and to authorize the President of the General Assembly to resume its meetings upon request from Member States.

Footnotes:

* Any changes to the list of sponsors will be reflected in the official record of the meeting.

1 See Official Records of the General Assembly, Seventy-seventh Session, Supplement No. 4

(A/77/4), paras. 189–197.

2 United Nations, Treaty Series, vol. 75, No. 972.

3 Ibid., vol. 1125, No. 17512.

ENDS

How the UN General Assembly voted on the resolution: