AN ERROR AT THE U N ON UKRAINE
So this photo was taken when The Bahamas voted to abstain from the Ukraine reparations vote on Tuesday 15 November 2022. But when the vote closed the vote showed up as a no vote.
On Wednesday 16 November 2022 in the House of Assembly, the Minister of Foreign Affairs Fred Mitchell announced that a vote on the question of reparations to be paid by Russia to Ukraine recorded in error that The Bahamas had voted no on the issue. The vote should have been abstain. The Minister read the U N statement into the record of the House of the Caricom position which The Bahamas embraced and supported and which was read into the UN’s record by the Ambassador to the U N Stan Smith. Mr. Mitchell said that The Bahamas had taken steps in the UN system to correct the record. The statement is posted below in full:
11TH EMERGENCY SPECIAL SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY
[RESUMED: 15TH PLENARY MEETING]
EXPLANATION OF VOTE BY
HIS EXCELLENCY STAN SMITH*
PERMANENT REPRESENTATIVE OF THE COMMONWEALTH OF THE BAHAMAS TO THE UNITED NATIONS
ON BEHALF OF
THE CARIBBEAN COMMUNITY
(CARICOM)
ACTION ON DRAFT RESOLUTION A/ES-11/L.6
“FURTHERANCE OF REMEDY AND REPARATION FOR AGGRESSION AGAINST UKRAINE”
GENERAL ASSEMBLY HALL
14TH NOVEMBER 2022
Mr. President,
I have the honour to deliver this statement, on behalf of the 14 member states of CARICOM, in Explanation of Vote on the draft resolution.
CARICOM strongly condemns the unilateral military incursion into Ukraine by the Russian Federation. We maintain the view that the military action by Russia in Ukraine is a flagrant violation of the principles enshrined in the UN Charter, both in word and in spirit.
It undermines the core principles of respect for sovereignty and territorial integrity; the non-interference in the internal affairs of sovereign states and the obligation to refrain from the threat or use of force in international relations. CARICOM considers these principles non-negotiable obligations to which all of us, as Member States of this United Nations, have freely consented to be bound.
Mr. President,
CARICOM subscribes to the principle that for every wrong, there is a remedy. This is a fundamental principle of law and equity, and we believe it to be an equally fundamental principle of international law. Indeed, wherever there are wrongs committed, the victim should be entitled to appropriate remedy, including compensation for injury, loss and damage caused by that wrong.
It is a fact that the nation of Ukraine has experienced injury, suffering and death of many of its people – both military and civilian – as well as damage to critical infrastructure. The world has seen images of the destruction of homes, schools, hospitals and other institutions and buildings causing mass displacement of individuals, businesses, families and communities. We understand that the cost of repairing this damage will be extensive and that, consistent with principles of law and equity, the burden of such compensation should be imposed upon the perpetrator.
CARICOM also gives due recognition to the global community that views – correctly – the United Nations as vital to resolving matters of international consequence, including to promote peaceful co-existence in cases where resolution proves elusive.
Mr President,
At the same time however, while CARICOM supports, in principle, Ukraine’s legitimate claim to reparations for the wrongs committed against it by Russia, we believe that such a process must be pursued through an appropriate mechanism.
What is being proposed in this resolution, contemplates that the General Assembly should endorse a process over which it will have no control, no oversight – indeed, no role to play whatsoever. The resolution, as drafted, asks Member States – having thus given their approval – to then trust that the process will be conducted fairly and objectively, with integrity, transparency and in accordance with the relevant principles of international law.
Mr. President,
CARICOM notes in OP 3 of the text, “the need for the establishment, in cooperation with Ukraine, of an international mechanism for reparation for damage, loss or injury, and arising from the internationally wrongful acts of the Russian Federation in or against Ukraine”.
We also note the recommendation in OP4 for “the creation by Member States, in cooperation with Ukraine, of an international Register of Damage to serve as a record … of evidence and claims information on damage, loss or injury to all natural and legal persons concerned”.
In CARICOM’s analysis of this call to action by the General Assembly, we offer the following observations on certain aspects of the draft:
- The resolution does not provide any guiding principles on how the future mechanism would operate, or how the Register of Damage is to be created or managed. In addition, Member States are being asked to act on these initiatives in the context of an ongoing war with no real ability to predict any future developments or outcomes.
- Noting that while there are ongoing judicial processes addressing the situation in Ukraine, there is, as yet, no established jurisdictional basis for the proposed mechanism nor the Register of Damage. Neither are pursuant to a Security Council resolution, nor an order of the International Court of Justice. Furthermore, it is not within the power of the General Assembly, under the UN Charter, to create these initiatives.
For these reasons, Member States of CARICOM will abstain in their vote on this resolution.
Nevertheless, CARICOM recognizes that the Russian Federation must bear the legal consequences of all its wrongful acts for any violations of international law in or against Ukraine or for any violations of international humanitarian law.
Indeed, Mr. President, CARICOM reiterates its strong support for the principle that Member States have a legitimate right to claim reparations and compensation for injury, loss and damage caused by the wrongful actions of other Member States. This principle is to be applied in the present case as well as other similar cases worldwide. We have sought to make this broader point with regard to a range of issues before the international community, including climate action and, indeed, reparations in connection with the transatlantic slave trade and genocide.
Mass atrocity crimes and gross violations of international law demand scrutiny and justice, without exception for whenever in time they occurred; wherever in the world they occurred; and by whomever they were perpetrated. There will always exist a moral and/or legal obligation to correct injustice including the legacy of past injustice.
In closing, CARICOM reaffirms its strong opposition to any and all actions which instigate the disruption of a peaceful multilateral order. We, therefore, reiterate the call for an end to hostilities; the immediate, complete and unconditional withdrawal of Russian military forces from the territory of Ukraine; and the return to dialogue and diplomacy in good faith to resolve differences in a peaceful and constructive manner.