STATEMENT BY MR NATHANIEL KHNG, COUNSELLOR (LEGAL), PERMANENT MISSION OF SINGAPORE TO THE UNITED NATIONS, ON AGENDA ITEM 88, ON RESPONSIBILITY OF INTERNATIONAL ORGANIZATIONS, SIXTH COMMITTEE, 11 NOVEMBER 2020

1 We thank the Secretary General for the reports in documents A/75/80 and A/72/282.  However, as made clear in our statements during previous debates generated by the Commission’s work on this topic in 2011, 2014 and 2017, Singapore does not support the elaboration of a convention on the basis of these draft articles.

2 First, Singapore remains unconvinced that the draft articles, taken as a whole, embody consensus views on the law relating to responsibility of international organizations.  The two additional reports prepared by the Secretary-General, which were issued in 2020, do not suggest that there has been any material change in the overall view on the question of the form that might be given to the draft articles since the Sixth Committee last considered this topic in 2017.  They also do not show that the draft articles have been cited by courts and tribunals as reflecting customary international law.

3 Second, we note that consensus has yet to be reached on a convention based on the similar draft articles on responsibility of States for internationally wrongful acts.  Insofar as there remains no consensus on this with respect to the draft articles on the responsibility of States, it would not be appropriate to elaborate a convention based on these draft articles for international organizations.

4 Singapore values the Commission’s contribution to progressive development of the law in the form of these draft articles and their commentaries. However, given the lack of significant developments on the question of the form that might be given to the draft articles, Singapore maintains the view that it is not necessary for this item to be on the provisional agenda of a future session of the General Assembly.

5 Thank you Mr Chair.

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