Permanent Mission of Australia
to the United Nations
New York

241118 - Explanation of vote: Moratorium on the use of the death penalty

UNGA79: THIRD COMMITTEE: ACTION ON PROPOSALS: EXPLANATION OF VOTE: MORATORIUM ON THE USE OF THE DEATH PENALTY

STATEMENT BY YUNEI KIM, FIRST SECRETARY, AUSTRALIAN MISSION TO THE UNITED NATIONS NEW YORK

18 November 2024

As delivered

Chair, this resolution calls upon member states to establish a moratorium on executions, with a view to abolishing the death penalty. It does not decide or demand that member states do this. It simply calls upon member states to establish a moratorium.

For the first time in this resolution’s history, with aspirations that Singapore would not table their usual amendment, the co-facilitators demonstrated willingness to include alternative language in the resolution. The compromise language recognised that all countries can develop their own legal systems, including determining appropriate legal penalties, in accordance with their obligations under international human rights law.

However, the co-facilitators withdrew this paragraph, because Singapore again tabled their amendment,  despite the co-facilitators’ compromise language having similar, if not the same, effect as Singapore’s amendment.

This is extremely disappointing given the genuine efforts by the co-facilitators to engage in good faith and constructive debate.

Chair, no one denies that every UN member state has the independence and prerogative to develop their own legal systems, including legal penalties.

This should not, however, be confused with the narrative created on states’ ‘sovereign rights’ in regards to this resolution. The misapplication of this narrative can undermine international law, as well as peace and security. It can undermine the very purpose of this resolution – being the protection and promotion of human rights and fundamental freedoms in accordance with member states’ obligations under international law.

The last time this resolution was adopted, 126 member states voted for the moratorium on the use of the death penalty. This demonstrates that States with different legal systems, traditions, cultures and religious backgrounds support a global push towards a moratorium.

Chair, in 2023 Amnesty International recorded a 31 per cent increase in executions compared to the previous year.  Of these executions, two member states were responsible for 89 per cent of the executions - amounting to more than 1,000 executions. This is just based on known cases.

Member states, we urge you to remember the ultimate purpose of what a moratorium on the use of the death penalty aims to achieve – to better the protection and promotion of human rights, and to uphold the right to life.

We urge you to vote against Singapore’s amendment L.54 and support this resolution.