A/31/PV.65 General Assembly

Monday, July 15, 1974 — Session 31, Meeting 65 — Geneva — UN Document ↗

THIRTY-FIRST SESSION
Vote: A/RES/31/12 Recorded Vote
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✗ No (1)
✓ Yes (94)
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1.  t8 Question of Cyprus (concluded)

Last Wednesday a statement was made which I found remarkable for its ingenuity in presenting history. Whatever the one side ever did was right, proper and justified. On the other hand, all actions of the other side were always wrong and malicious. I intend, later on, to refer again to that statement and to try to put straight some of the most important points. At this stage, I find myself compelled to remind the Assembly of a few facts of the recent history of Cyprus which might have been obscured by the speech I have just referred to. 2. On 15 July 1974, President Makarios was overthrown in a coup d'etat engineered by the military dictatorship of Athens. 3. On 20 July, Turkey sent an invading force to Cyprus under the 'pretext of restoring public order and protecting Turkish Cypriots. It should be kept in mind, though, that in the period between 15 and. 20 July, no incident had occurred against the Turkish Cypriots, and Mr. Denktas himself declared that the developments were an internal matter of Greek Cypriots. On 23 July legality was restored in Cyprus, Mr. Clerides being designated interim President of the Republic. At the same time, the dictatorship in Greece had collapsed as a result of its own faults and the pressure of democratic forces. Under these circumstances the Turkish invasion-an act against the law of the United Nations-had no further justification whatsoever and should have been terminated. However, the Turkish troops re- mained in Cyprus in spite of Security Council resolution 353 (1974) of 20 July 1974. 4. In pursuance of this resolution, the Geneva negotiations convened on 25 July 1974, with the participation of Greece, Turkey and the United Kingdom; a declaration was signed on 30 July by the respective Foreign Ministers! providing, inter alia, for the non-extension of the occupied territories. The stipulations of this declaration were ignored Friday, 12 November 1976, . at 3.55 p.m. NIW YORK by Turkey, which continued to violate the cease fire, provided by the relevant resolutions of the Security Council. 5. On 8 August, the Geneva negotiations reconvened with the aim of restoring peace and constitutional order in the island. On 13 August, Turkey submitted at the negotiations a plan for the solution of the Cyprus question, based on the formation of a geographic federation comprising six Turkish cantons covering 34 per cent of the territory of Cyprus. The Greek delegation asked for 36 hours time for reflection and consultation with its Government, but Turkey opposed the request and ordered the advance of its troops, which thus occupied 40 per cent of the territory of the Republic. It is obvious that this second Turkish operation was premeditated and devoid of any justification whatsoever. 6. The results of Turkish invasion were the following, First, the Turkish Cypriots, forming 18 per'cent of the population of the country, are now in control of 40 per cent of the territory of Cyprus and 70 per cent of its resources. Secondly, the Turkish army occupied and continues to occupy illegally a great part of the Republic of Cyprus. Thirdly, 200,000 Cypriots, that is one third of the whole population of the island, were turned into refugees as a result of the Turkish invasion. In the regions controlled by the Turkish Cypriots, a policy of further displacement of Greek Cypriots has been followed. This is because the Turkish Cypriot authorities, through a series of oppressive measures, are forcing the Greek Cypriots to abandon their homes and properties and go south; the numbers are very eloquent in that respect. In -these occupied regions only 15,000 Greek Cypriots had been left; they have been reduced today to 4,500 persons. Fourthly, the transfer of a number of immigrants from Turkey to the districts of Cyprus under Turkish control is now taking place with the aim of changing the demographic character of the island. This is in violation of General Assembly resolution 3395 (XXX). According to the estimates, the number of settlers from Turkey amounts now to 30,000 persons. These are the facts. 7. The meaning of the inclusion of the Cyprus item once more in the agenda of the General Assembly is to review progress in the implementation of the three resolutions issued by the General Assembly in relation to Cyprus. 8. The Secretary-General, in his important report to the Security Council, dated 30 October 1976$2 informs us, among other things, of the existing deadlock in all matters 2 Ibid., Thirty-rust Year, Supplement for October, November and December 1976, document S/12222. 9. We had placed great hopes on last year's resolution [3395 (XXX)J, as wehad on the previous ones adopted both by the General Assembly and the Security Council. Our hopes were encouraged by the fact that General Assembly resolution 3212 (XXIX) was adopted unani- mously, and last year's resolution virtually unanimously with only Turkey voting against it. 10. Has not this august body called upon all States to respect the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus? Did it not urge the withdrawal, without further delay, of all foreign armed forces and foreign military presence and personnel from the Republic, as well as the cessation of all foreign intervention in its affairs? Did it not call for the return of the refugees to their homes in safety? Did it not call for refraining from any unilateral action. including changes in the demographic structure of the island? Did it not call for the immediate resumption in a meaningful and constructive manner of the negotiations between the representatives of the two communities? 11. Yet nothing has happened towards the implemen- tation of these resolutions. This was an exercise in futility and immobility. If anything moved,it has movedin reverse. The foreign armed forces might have been rotated but have certainly not been withdrawn from the island; the refugees have not returned to their homes. On the contrary, action is being taken to change the demographic composition of the island, an action reminiscent of colonialpractices. j 2. What is even more surprising is that no progress whatsoever has been made in the intercommunal talks. Under one pretext or another, Turkey neveragreed tc enter the so-called meaningful and constructive negotiations for the purpose of reaching a solution mutually acceptable to the two communities. In spite of all that the Secretary- General of the United Nations, Mr. Kurt Waldheim, has done and is doing, the representatives of the Turkish Cypriot community are, through various devices, retarding and hampering the conduct of meaningful and constructive negotiations. 13. Turkish destruction of the intercommunal talks goes on indefinitely. First there was the embargo and it was the Greek Cypriots who were made to pay for it. Then, there was the famous question of whichissue was to be discussed first: the territorial or the constitutional. Only after the constitutional question had been decided-in its favour- would Turkey be ready to discuss the extent of territory that would be returned to the Greek Cypriot community. A rather novel idea indeed: you must first proceed to the transaction ~e(ore knowing the price you have to pay. Then 14. Thus, throughout the intercommunal negotiations under the auspices of the Secretary-General, the Turkish side has failed to honour its repeated undertakings to make concrete proposals on the territorial aspect of a Cyprus settlement. 15. During the third round of talks, in August 1975, Mr. Denktas, the Turkish Cypriot negotiator, promised to submit territorial proposals at the next round of talks, but failed to keep his promise. This led to the failure of the fourth round, in September of the same year. 16. At a further, fifth, round of talks in February 1976, it was agreed that an exchange of written proposals on all aspects of a settlement would take place "within the next six weeks", subsequent to which the representatives of the two communities would meet again "with a view to establishing a common basis prior to referringthe matter to mixed committees in Cyprus". 17. In implementation of that agreement, the Greek Cypriot side made comprehensive and concrete proposals in writing. The Turkish Cypriot side, however, again went back on its promise and refused to submit concrete proposals on the territorial issue, stating that "it would not be advisable to mention, in the open, proposals regarding any fixed percentage or area", and insisting that such matters should be discussed in committees without any prior effort to establish common ground. 18. In last Wednesday's statement which I referred to before [61st meeting], it was alleged that Greece has expansionist fantasies and follows the "megali idea". There can be no greater misrepresentation. May I repeat in that connexion what was formally stated two years ago in this hall by the then Deputy Prime Minister and Minister for Foreign Affairs and, since then, repeated many times, and I quote: "Greece has rejected both enosis and the partition of the Island."! 19. As far as the "megali idea" is concerned, the matter is being invoked today by the Turks-possibly-only in order to justify their policies in Cyprus as well as their expan- sionist tendencies. In addition to the above, I would say that it is reckless to accuse other Governments of recklessness. 20. However, how can one explain the resistance of Turkey to the unanimous will of the world community? How can one explain Turkey's disregard of the Charter of the United Nations and other international instruments? How can one explain the contemptuous treatment, for the third time, of resolutions of this Assembly and decision'S of the Security Council? "The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter." It has been contended that this Article applies only to enforcement measures adopted under Chapter VII. 22, Nevertheless, the International Court of Justice, in its advisory opinion of 21 June 1971 relating to the continued presence of South Africa in Namibia decided that, and I quote paragraph 113 of the opinion: "It is not possible to find in the Charter any support for this view. Article 25 is not confined to decisions in regard to enforcement action but applies to 'the decisions of the Security Council' adopted in accordance with the Char- ter. Moreover, that Article is placed, not in Chapter VII, but immediately after Article 24 in that part of the Charter which deals with the functions and powers of the Security Council. If Article 25 had reference solely to decisions of the Security Council concerning enforcement action under Articles 41 and 42 of the Charter, that is to say, if it were only such decisions which had binding effect, then Article 25 would be superfluous, since this effect is secured by Articles 48 and 49 of the Charter."4 23. It would thus appear that it is not for Turkey to decide whether it should abide by the decisions of the Security Council. Turkey seems to have an obligation according to the Charter to carry them out. We expect that sooner or later it will do so, collaborating in good faith in finding a solution beneficial not only to the 18 per cent of the inhabitants of Cyprus but to the whole population. 24. The question arises, How long will this Organization accept the perpetuation of glaringly unjust situations, where naked force can reign supreme and impose its will on small and independent States? 25. I have had the honour to service this Organization during 28 years of my life and I know that, on many occasions, it has been the target of criticism for being unable or unwilling to take stronger action to ensure the implementation of its decisions. The Organization has the power to have its decisions respected and implemented. If the United Nations has not always succeeded in fulfllling the purposes and principles of the Charter, it is because the competent bodies, for various reasons, have refrained from taking appropriate action. As our President, Mr. Hamilton Shirley Amerasinghe, said in his message on the occasion of United Nations Day, 24 October 1976: "If it [the United Nations] should fail, the fault would lie with the peoples of the world and their Governments." 4 Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, f.C.J. Reports 1971, p, 16, para. 113. 27. Lastly, I hope that the statement that is reiterated only too often that the Turkish Government is deeply committed to a peaceful and just solution of the Cyprus problem will soon prove true. But one cannot avoid remembering what was said as far back as 1955 at the Tripartite Conference on the Eastern Mediterranean and Cyprus, held in London, by the late Turkish Foreign Minister Zorlu, who clearly explained the fundamental interest of Turkey in Cyprus. He said: "The island is of vital importance for Turkey for many reasons, the chief one being the requirements of military security; and it constitutes an integral part of the Turkish mainland from the point of view of geopolitics and physical geography." However, we wish to hope that this belongs to history and might not be tomorrow. 28. Before closing, I wish to thank the sponsors of the draft resolution on Cyprus [A/31/L.17 and Add.I] for their important contribution. The Greek delegation will vote for it.
We are once again faced with the question of Cyprus in the General Assembly. My delegation is happy that the Assembly, in keeping with past practice, has allowed representatives of the two com- munities to express their view in the Special Political Committee.s We have listened attentively to the statement made by the representative of the Greek Cypriot com- munity. Had the Turkish Cypriot community representative expressed his views, we also would have listened to him with undivided interest and attention. This would be so as we believe that both parties should be given an equal opportunity to express their views freely at the appropriate level. We have heard the parties during the last two years and, after listening to them carefully, the Assembly adopted resolutions 3212 (XXIX) and 3395 (XXX). The delegation of the Kingdom of Butan supported these two resolutions. We did so in the hope that these resolutions would provide a sound basis for a just and lasting solution to the Cyprus problem. We regret, however, that the Security Council and General Assembly resolutions on Cyprus have not yet been implemented. The prolongation of the Cyprus crisis has only helped to prolong the agony of the people of Cyprus, which now disturbs international peace and security. 31. ·The Secretary-General, in his report earlier this year, warned the Security Council about the increasing, disquiet- ing fmancial problem of the Force. Some of the speakers who preceded me have also described the financial situation of the Force as precarious unless additional support is forthcoming. My delegation feels that we should join the Secretary-General by appealing to all the better-off Member States and to those which are in a position to contribute more to assist the peace-keeping Force in Cyprus with their contributions before it is too late. We believe that the United Nations Force in Cyprus is in line with the principles enshrined in the Charter of the United Nations. 32. My delegation does not believe that the outside presence in Cyprus will help to bring forth a just and lasting solution. Thus we urge all parties concerned to implement the relevant resolutions of the General Assembly and the Security Council. The members of the non-aligned move- ment and the members of the General Assembly demanded the withdrawal of all foreign armed forces and foreign military presence and personnel from the Republic of Cyprus and the cessation of all foreign intereference in its affairs. We believe this would be a good step in the right direction. Cyprus is a sovereign, non-aligned,.independent State. The people of this island must be allowed to solve their own problems without undue outside interference. 33. We have listened carefully to all the speakers who participated in this debate. All the speakers have urged that efforts must be made to solve the problem through negotiations. In this respect, we appreciate the efforts made by our distinguished Secretary-General, Mr. Kurt Waldheim, for bringing the two communities to five rounds of intercommunal talks for the purpose of working towards a mutually acceptable solution. We hope that the Secretary- General will be able to make further efforts with a view to establishing a basis for constructive and meaningful negotia- tions under his auspices. This would be in keeping with General Assembly resolution 3395 (XXX). It is hardly necessary to emphasize the need for the parties concerned to adhere to the agreement in the previous rounds of talks. We were also reminded by the Secretary-General that if the negotiations are to serve a useful purpose, the parties concerned must show flexibility and take into account not only their own interests but also the interests of the opposite side. 34. In conclusion, I wish to quote what my head of State has said in Colombo, Sri Lanka, at the Fifth Conference of Heads if State or Government of Non-Aligned Countries. His Majesty the King said: "Cyprus is a founding member of our movement. It is appropriate, therefore, that we should "all upon all States 35. In view of this, my delegation will be happy to support draft resolution A/31/L.I 7 and Add.I, introduced so ably by the representative of Guyana.
We shall now hear explanations of vote before the vote.
I should like to explain the vote of my delegation before the vote is taken on draft resolution A/31/L.17 and Add.1. We understand that the group of five non-aligned countries has been unable to work out a consensus draft acceptable to both communities. The position of my delegation on the previous resolutions of the General Assembly on the question of Cyprus are well known. It has been our consistent view that the various aspects of the Cyprus question can be settled only within the framework of a negotiated over-allsolution between the two communities. There is no possibility of arriving at a settlement through any other means or procedures. 38. On the other hand, the General Assembly should not, we believe, attempt to influence in one way or the other the Security Council, which has evolved throughout the years delicate concepts in its approach to peace-keeping and in negotiations in connexion with the question of Cyprus. 39. As far as the position of the Turkish delegation is concerned, the crucial question in this and in any Cyprus debate is the participation of the Turkish community in the proceedings of the General Assembly on a basis of equity. 40. The Turkish delegation can in no way be accused of not having demonstrated a spirit of compromise in this regard. At the very beginning of this session, we had proposed the allocation of the question to the Special Political Committee so as to enable the Turkish community to have a significant participation in the debate. Our endeavours to that end were unfortunately thwarted. Later we appealed to the sense of justice of the Assembly and, pointing out the new developments regarding the participa- tion of political entities in the debate, we requested the reconsideration of the procedure adopted for Cyprus. Our proposal to this effect was not accepted. 41. There is a fundamental contradiction between the calls contained in each General Assembly resolution to the Turkish community as one of the negotiating parties and the refusal to enable it to participate in its proceedings. The persistence of this contradiction was not helpful last year and will not be helpful this year. 42. In these circumstances, the Turkish community feels that it has been linjnstly discriminated against. Therefore, the Turkish Cypriot representatives have asked me to state that the Turkish community is unable to feel bound by the resolution to be adopted.
In fact, my delegation would have preferred the postponement of the vote on the draft resolution until Monday. We first saw this draft only this morning, and I am sure that there are many delegations in the same position. We did not wish to submit a formal motion for postponement as we thought that the majority in this hall might be ready to vote this afternoon. Because of that, and in the absence of instructions, my delegation finds that it has no alternative but to abstain in the voting on the proposed draft resolution. We will do that with regret since we are in general agreement with the thrust of the text of the draft resolution. 45. My delegation would like to pay a sincere tribute and homage to the non-aligned countries which worked so hard against impossible odds to produce this draft. r~solution, which is, in our view, the outcome of insight and remarkable patience. 46. My delegation regrets that, purely for technical rea- sons, it is unable to cast an affirmative vote in view of lack of time to secure the proper instructions.
It is my understanding that there is a general desire to postpone the item for today. As members are aware, rule 78 of the rules of procedure provides that: "As a genera! rule, no proposal shall be discussed or put to the vote at any meeting of the General Assembly unless copies of it have been circulated to all delegations not later than the day preceding the meeting". This provision has not been met in the present case, and the correct procedure now is that, if anyone wishes rule 78 to be waived, a motion to that effect must be made.
I move that the vote on draft resolution A/31/L.17 and Add.1 be taken today, and J realize, of course, that, in accordance with the rules of procedure, this motion must be put to the vote.
J call on the representative of Belgium, who wishes to speak on the motion to waive rule 78.
My delegation has instructions to request the General Assembly to defer the vote on draft resolution A/31/L.17 and Add.I. We believe that the text was distributed to most delegations only this morning, whereas it seems to us that fur a vote of this importance-and I am sure the delegation ot Cyprus shares our concern in this respect-delegations should have a few more hours to study The motion to waive rule 78 was adopted by 60 votes to 16, with44 abstentions.
The General Assembly will now vote on draft resolution A/31/L.17 and Add.I. A recorded vote has been requested. In favour: Algeria, Argentina, Australia, Austria, Ba- hamas, Barbados, Benin, Bhutan, Botswana, Brazil, Bul- garia, Burma, Burundi, Byelorussian Soviet Socialist Re- public, Cape Verde, Central African Republic, Chad, China, Colombia, Comoros, Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, German Democratic Re- public, Ghana, Greece, Grenada, Guinea, Guyana, Hungary, Iceland, India, Ivory Coast, Jamaica, Japan, Kenya, Lao People's Democratic Republic, Lebanon, Lesotho, Mada- gascar, Malawi, Mali, Malta, Mauritius, Mexico, Mongolia, Mozambique, Nepal, New Zealand, Nicaragua, Norway, Panama, Peru, Philippines, Poland, Portugal, Romania, Rwanda, Sao Tome and Principe, Senegal, Sierra Leone, Singapore, Spain, Sri Lanka, Sudan, Surinam, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Republic of Cameroon, United Republic of Tanzania, Upper Volta, Uruguay, Venezuela, Yugoslavia, Zambia. Against: Turkey. Abstaining: Afghanistan, Bahrain, Bangladesh, Belgium, Canada, Denmark, Gambia, Germany, Federal Republic of, Iran, Ireland, Italy, Jordan, Kuwait, Luxembourg, Malaysia, Maldives, Mauritania, Morocco, Netherlands, Pakistan, Qatar, Saudi Arabia, Tunisia, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United States of America, Yemen.
A recorded votewas taken.
The draft resolution was adopted by 94 votes to 1, with 27abstentions (resolution 31/12).6
I shall now call on representatives who wish to explain their votes.
The General Assem- bly has just adopted the resolution on Cyprus at the initiative of the contact group of 5 members. My delega- tion and I wish to express to the members of this group our thanks and gratitude for their untiring efforts to carry out competently and conscientiously the difficult role en- trusted to them by the group of non-aligned countries. In 6 The delegation of Equatorial ( in".'! subsequently informed the Secretariat that it wished to have i Vi recorded as having been in favour of the draft resolution. 55. Similarly, the Secretary-General is requested to follow up the implementation of the resolution adopted and report to the General Assemblyat its thirty-second session, in the provisional agenda of which the question of Cyprus will be included in accordance with paragraphs 6 and 7 of the resolution. The inclusion of these paragraphs indicates
Perhaps the reference in the second preambular paragraph of the resolution to the fact that the Cyprus crisis endangers international peace and security might appear excessive. Perhaps the essential point of this resolution is the unqualified appeal it makes to the Secretary-General, and perhaps this essential aspect is not sufficiently clear in the resolution. Nevertheless, we could have considered supporting it. However, in matters of this importance we think that the General Assembly ought at least to have the time provided for in rule 78 of the rules of procedure.
My delegation abstained in the vote on draft resolution A/31/L.l7 and Add.l entitled "Question of Cyprus" because we had not as yet received instructions from our Government. This was due to the fact that we received the draft resolution only this morning, and we regret that the proposal of the representative of Belgium requesting that the vote should be deferred to next Monday was not taken into consideration. The meeting roseat 4.55 p.m.