10 Oct 2011
STATEMENT BY MS. DAVINIA AZIZ, DELEGATE TO THE 66th SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY ON AGENDA ITEM 79, ON THE REPORT OF THE UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW ON THE WORK OF ITS FORTY-FOURTH SESSION, SIXTH COMMITTEE, 10 OCTOBER 2011
1. Mr Chairman, I would first like to join the other representatives in congratulating Your Excellency on your election as Chairperson of the Sixth Committee. On a similar note, I would also like to congratulate the other members of the Bureau on their election. The delegation of Singapore wishes you and the members of your Bureau every success and assures you of Singapore's unqualified support and cooperation during the deliberations of this Committee.
2. Singapore would like to congratulate UNCITRAL for another productive year. We note with satisfaction the successful completion of the forty-fourth Session of the Commission which, among other things, finalised and adopted the UNCITRAL Model Law on Public Procurement. We welcome the completion of the work on this Model Law.
3. The UNCITRAL Model Law on Procurement of Goods, Construction and Services was first adopted in 1994. The world has not stood still since then. Procurement practice has evolved with the use of electronic communication and information technology. It is a testimony to UNCITRAL that it has not rested on its laurels but embarked on the journey to update its 1994 work and to make it more relevant and useful to the world. The UNCITRAL Model Law on Public Procurement provides states with a legislative template and best practices on modern public procurement law. The Model Law is extensive in its coverage. In addition to well known and accepted procurement methods such as tenders, it also contains detailed provisions on electronic reverse auctions, framework agreements and remedies. Singapore is therefore extremely pleased to note that UNCITRAL has finally completed and adopted this important work on procurement.
4. It is however unfortunate that the finalisation of the UNCITRAL Model Law on Public Procurement took an inordinately long time to complete. The Working Group began its work in 2004 and finally completed its work in November 2010. We had observed during our statement to the Sixth Committee last year that such delays are regrettably not unique to a single Working Group. We hope that UNCITRAL and its Working Groups will bear in mind the need to work efficiently and to optimize limited resources.
5. Singapore welcomes the reconvening of the Working Group on Electronic Commerce to undertake work on electronic transferable records. This Working Group has played a leading role in developing key legal instruments for the harmonization of law relating to electronic commerce, namely, the Model Law on Electronic Commerce 1996, Model Law on Electronic Signatures 2001 and most recently, the UN Convention on the Use of Electronic Communications in International Contracts 2005. Singapore has been actively involved in the work of this Working Group. Singapore was the first country to implement the provisions of the UN Convention on the Use of Electronic Communications in International Contracts in our domestic law and we hope that other countries will soon do the same. Singapore re-affirms our commitment to continue our leading role in this Working Group.
6. Singapore welcomes the establishment of UNCITRAL Regional Centres in different parts of the world to further the technical assistance work of UNCITRAL. We note that these Regional Centres can also function as a channel of communication for states in their respective regions to UNCITRAL. We appreciate the generous offer of the Republic of Korea to host the first UNCITRAL Regional Centre for Asia and the Pacific in Incheon. Regional Centres can make important contributions to enhancing the understanding, and therefore possible adoption, of UNCITRAL instruments in various regions of the world, and thereby support UNCITRAL's mission of removing barriers to trade by harmonising trade laws. Singapore is one country that can host such a Regional Centre. We are in the midst of exploring this with UNCITRAL.
7. We recall the previous discussions on the participation and role of NGOs, now called CSOs, in the deliberations of UNCITRAL. That had been a concern of many UNCITRAL members, some of whom were fearful that UNCITRAL as a forum and the UNCITRAL agenda can be hijacked by NGOs to serve their own interests and those of their supporters. These discussions were resolved last year when the statement on UNCITRAL's Rules of Procedure and Methods of Work was approved and accepted by the Commission and by this body. This is an important document as it provides clarity on the responsibilities of member states of UNCITRAL and the extent to which others, especially NGOs, can be of assistance to UNCITRAL in its work. It underscores the fact that UNCITRAL is an organisation of states committed to the promotion of international trade, and that while the participation of relevant NGOs is important to the work of UNCITRAL, the responsibility for its decision-making rests with the member states and not with the NGOs. It is important that the principles that were agreed upon and incorporated in this statement should not be undermined. It is therefore important that the Chairmen of the Commission and its various Working Groups have a clear understanding of the principles to be applied when chairing the deliberations and especially when determining the consensus of the meetings.
8. Singapore notes that a major discussion at the UNCITRAL commission session this year was on the proposed cuts to the UNCITRAL budget. These include cuts to the UNCITRAL travel budget, the main impact of which would be that UNCITRAL Secretariat staff can no longer travel to New York for UNCITRAL meetings. This in effect means the end of the present modality whereby UNCITRAL meetings alternate between Vienna, where the Secretariat is located, and New York, where all UN members have our Missions. As a member state with a mission in New York but not in Vienna, Singapore would be adversely affected if the present system of sessions alternating between Vienna and New York is discontinued. It would mean that our New York Mission will cease to interact with our delegates to UNCITRAL sessions all of whom come from our capital. In such a case, it would then be that much more difficult for our New York Mission to be able to effectively monitor the activities of UNCITRAL and ensure that UNCITRAL is kept in focus among the stakeholders back in our capital. We thus support the proposals made that the present system of alternating meetings between New York and Vienna should continue and we support the suggestion made that the same budget savings can be achieved by reducing the number of weeks of meetings per year from 15 weeks to 14 weeks while still maintaining the present system of alternating meetings between the two locations.
9. Singapore will continue to participate actively in the work of UNCITRAL to the extent that our resources permit. We reiterate our support for UNCITRAL in the work it does to facilitate international trade and we hope that more states would join in and commit resources to this important work.
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