Mitchell: Bahamas vote on Ukraine erroneously recorded
NASSAU, BAHAMAS — While CARICOM strongly condemns Russia’s military incursion into Ukraine and recognizes Ukraine’s legitimate claim to reparations, the regional bloc believes any remedy must be pursued through an “appropriate mechanism”.
The body opted to abstain from the vote on the draft resolution for the “furtherance of remedy and reparation for aggression against Ukraine” citing the process – if moved forward – did not appear to have adequate oversight, particularly in the context of an ongoing war.
Ministry of Foreign Affairs Fred Mitchell said today that the country’s vote at the United Nations on a draft resolution on Ukraine was erroneously recorded as “no” when it should have been listed as an abstention.
He read a statement in Parliament made on behalf of the 14-member CARICOM bloc explaining its position on the draft resolution for the “furtherance of remedy and reparation for aggression against Ukraine”.
Mitchell said: “We have a photograph of the board reflecting abstain but when the vote closed, the vote recorded as no. We have taken the steps to seek to reflect properly what the record is but we have been advised that in the system of the United Nations, it is not possible to change what is the recorded vote and the procedure is you enter a statement which corrects the record, which we have done.”
The statement was read at the United Nations by Stan Smith, permanent representative of the Commonwealth of The Bahamas to the United Nations. Read the full statement here.
“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,” Smith said.
“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.”
Based on CARICOM’s analysis, Smith said 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. He furthered that 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,” he said.
“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.”
The regional bloc reiterated its strong support for member states to 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,” Smith said.
“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.”
Smith said: “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.”
