UN committee vote moves worldwide death penalty moratorium

Social justice news
November 16, 2007

UN committee vote moves worldwide death penalty moratorium
After two days of impassioned debate on the contentious issue of capital punishment, a draft resolution impelling the General Assembly to call for a moratorium on the use of the death penalty was approved November 15 by a vote of 99 to 52 with 33 abstentions.

Co-sponsored by EU states and 60 other countries, the resolution expresses concern for the continued application of the death penalty and urges countries that apply this punishment to "establish a moratorium on executions, looking to abolish them." The resolution must still be submitted to the 192-member general assembly for a vote. If approved, it would be non-binding, but would carry moral weight.

Deliberations were often emotional and intense with UN members states standing firm vis-à-vis their national positions on the death penalty. Some 17 amendments were introduced by countries opposed to the idea of the moratorium, which also saw the draft as an imposition on their sovereignty and right to establish their own legal systems. Despite those efforts, each proposed amendment was defeated, as 18 separate votes inched the text closer to the General Assembly for action.

In a statement following the vote on the resolution on moratorium on the use of the death penalty, the representative of Singapore congratulated the co-sponsors of the resolution on their “pyrrhic victory.” He said the vote had proved that there was no international consensus on the resolution, as almost half of the delegations had not voted in its favour. Co-sponsors had brought the resolution forward fully aware of how acrimonious and divisive the issue was.

The representative of Colombia, a co-sponsor of the draft, said his delegation endorsed the central objective of the resolution, which was to promote a moratorium on executions with a view to abolishing the death penalty. The promotion of all human rights and fundamental freedoms had to be considered a priority objective of the United Nations. He hoped that adoption of the draft would lead to a regional and universal dialogue on executions that would focus on the negative implications of the death penalty vis-à-vis human rights.

The Observer for the Holy See reaffirmed a call for a consistent view to be taken vis-à-vis the right to life. Unequal interpretation of the parameters of that right reduced it to a political tool, he said. Such a right was applicable to all stages of life, and all delegations should adopt that consistent view. In a statement preceding action on the resolution, he said the issue of the death penalty demanded that states exercise true courage in saying no to killing of any kind.

All the same, Cardinal Renato Martino said that the U.N. vote in favor of an international moratorium on capital punishment is "a relevant step" and described himself as "content" with the vote.

Opponents of the resolution, including Antigua and Barbuda, Barbados and Syria, argued that it smacked of moral righteousness and touched on issues of national sovereignty.

The United States, where a challenge to lethal injection has reached the U.S. Supreme Court, said capital punishment was not barred by international law.

"The United States recognises that the supporters of this resolution have principled positions on the issue of the death penalty. But nonetheless it is important to recognise that international law does not prohibit capital punishment," Robert Hagan, the U.S.'s representative in the committee, said after the vote.

Last year at least 1,591 people were put to death in 25 countries, with 91 percent of those executions taking place in just in six states: China, Iran, Pakistan, Iraq, Sudan and the US. China is known to have executed more than 1,000 prisoners in 2006, but the real figure may be closer to 8,000. Twelve U.S. states put a total of 53 people to death last year, but in 2007 the practice has fallen to its lowest level in a decade, stalled at 42 executions, after the Supreme Court decided to hear arguments about the humanity of lethal injection.

Human rights groups welcomed the draft resolution. Amnesty International called the vote "a clear recognition of the growing international trend toward worldwide abolition of the death penalty."

Martino, the president of the Pontifical Council for Justice and Peace said, "I am truly content." He told Vatican Radio: "I was the Holy See's representative at the United Nations for 16 years, and during that time, I saw the attempts made in the '90s in favor of this moratorium.

"I worked a lot, and was disappointed when these proposals were withdrawn because they lacked the necessary votes."

Two proposed death penalty moratoriums previously reached the floor of the general assembly: in 1994 and 1999. The former was defeated by eight votes and the latter withdrawn at the last minute.

"This time, the number was sufficient, and I am very content," Cardinal Martino added. "It is a relevant step, but it is only a moratorium and the decision of the U.N. and the General Assembly is only an exhortation, since it is not a convention to which states must adhere. These decisions from the General Assembly are nonbinding.

"Still, this is already something important and I can affirm with satisfaction that many Catholic organizations have worked for this and have the right to be satisfied."

A total of 133 member states have abolished the death penalty in legislation or in practice, and only 25 states performed executions in 2006.

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