A/35/PV.34 General Assembly

On behalf of all the members of the General Assembly, I should like to extend to the Government and the people of Algeria our deepest sympathy for the disaster caused by the devastating earthquake at AI Asnam, which resulted in a tragic loss of lives and material damage. 2. With the Assembly's permission, I shall read out the telegram which. as President of the General Assembly, I have sent to the President of the People's Democratic Republic of Algeria: ••In the name of the members of the United Nations General Assembly, I wish to express our deepest sympathy to the Algerian people at the consequences of the earthquake which has devas- tated the AI Asnam area. We have been profoundly moved hy the scope of this catastrophe, and I take this opportunity to extendour support to the Govern- ment and the people of Algeria." 3. I feel certain that all the nations represented in this hall support the views expressed in that message. 4. Mr., BEDJAOUI (Algeria) (interpretation from French): Mr. President it was with profound emotion that I listened to your words of sympathy for the Algerian people who have been so sorely stricken by the natural disaster in the El Asnam region. With your permission, I should like to express the sincere thanks of the Algerian delegation to you and, through you, to all those delegations that have associated themselves with the grief of the Algerian people. The El Asnam region has, once again, been singled out by fate to be stricken by one of the most violent earthquakes ever experienced, one of exceptional scope that gave this tragedy frightening dimensions. 5. Althoughthti1\lgerian Government has mobilized considerable human and material resources in orga- niting first aid'lfor the victims-in which it has been supported by a remarkable upsurge ofsolidarity among the masses of;)t:he people-the efforts to save the wounded are still going on at the present time, making it premature atpresent to assess the number ofvictims ofthe disaster. This mobilization ofeffort on a national scale was swiftlY supported with concrete manifesta- tions of solidarity on the' part of the international community. I should.like here to pay a tribute to the Secretary-General, Mr. Kurt Waldheim, for the speed with which he contacted the Office of the United Nations Disaster ReliefCo-ordinator at Geneva, which is now working in very close co-operation with my Government in order to bring in tile necessary assis- tance and support from the international community. 6. As President Chadli Beniedid said yesterday, Algeria wishes,to pay a tribute to the international solidarity that has been displayed with such sympathy on the occasion of tliis national tragedy. The Algerian people, whose energies are now all focused on tending the wounds of the stricken region, intends to rebuild the city of AI Asnam and to resume the process of development that, like in the other regions of the country, it had started there before this,terrible event. 7. I should like again to thank you, Mr. President, for the sympathy which you have been kind enough to express to the Algerian people. On behalf'of my delegation I should also like'to express sincere condo- lences to the delegations of those countries whose citizens lost their lives in the catastrophe. I would request them to convey to the families of the victims our deeply felt sympathy. It is our hope that ~his common mourning will further strengthen the links of friendship and co-operation that unite our peoples, AGENDA ITEM us Observer status for the Asian-African Legal Consultative Committee In the General Assembly

The Assembly has before it a draft resolution originally sponsored by 18 Members, which were later joined by Gambia, Maldives and Pakistan [A/35/L.3/Rev./]. 9. I call on the representative of India to introduce the draft resolution. 10. Mr. MISHRA (India): Before introducing the draft resolution on the item, may I express my sympathy and that of my delegation to the delegation of Algeria in the catastrophe that has befallen them. Our sympathy goes also to the people and the Govern- ment of Algeria, and in particular to the bereaved 13. Even though the role originally assigned to this organization was that of an advisory organ to its member Governments in the field ofintemationallaw, it soon emerged as an effective and useful body for Asian-African co-operation in .matters before the United Nations. Its activities have been expanded from time to time to keep pace with the needs and require- ments of its member Governments, and this has been especially so in recent years in the field of economic rdations and trade law. 14. The contributions made by the Committee in various fields aresufticiently known not to require much elaboration, but specific mention may be made of its work in the field of refugees, its contribution at the United Nations' Conference on Diplomatic Relations Intercourse and Immunities, held at Vienna in 1%1, and of the outstanding role played by the Committee in assistina to achieve a breakthrough at the United Nations Conference on the Law ofTreaties, hold at Vienna in 1968-1969. During the past 10 years the Committee has been able to take some important ~nitiatives in the negotiations on the law of the sea through pr()moting consultations not only between the developing countries themselves but also between the developed and developing countries. It is a matter of 16. In a programme of rapid industrialization, the \ developing countries would need to rely upon foreign investments in the form ofboth capital and technology, such investments coming either from the countries within the the Asian-African region or from outside. Therefore, the Committee is now actively studying the question of the promotion of stable but flexible relations between investors and the host countries. 17. Almost simultaneously with the establishment of the Committee on a regularfooting, the United Nations evinced considerable interest in the Committee's activities, and close collaboration has been developed not only through inter-secretariat consultations but mittee and the United Nations Commission on Inter- national Trade Law. In addition, the Committee has been working in close co-operation with the Office of the United Nations High Commissioner for Refugees, UNEP, IMCO, FAO and various regional economic commissions of the United Nations. 18. The Asian-African Committee, as the only international organization embracing the two conti- nents of Asia and Africa, has oriented its activities so as to complement the work of the United Nations in.several fields ~t a ~egionallevel. It is our hope that, with the formalization of its observer status, the relations between the United Nations and the Com- mittee will be further strengthened and that it will have an even wider role to play in projecting the Asian- Africanviewpoint in matters before the United Nations and particularly in the evolution of the New Interna- tional Economic Order through the formulation of legal instruments which could balance the interests of developing and developed nations for effective transfer of technology and co-operation in other fields. The real strenlth of the organization lies in the ob- jective nature of its recommendations. We have every reason to hope that the ~"me standard of its work will continue to be maintained in the future. 19. Finally, I should like to introduce the draft resolution in document A/35/L.3/Rev.l on behalf of the sponsors, and of my own country. 20. It will be noted that, with the agreement of the sponsors, the operative paragraph of the draft resolu- tion has been revised, and now reads: "Requests the Secretary-General to invite the Asian-African Legal Consultative Committee to particieate in the sessions and the work of the General Assembly in the capacity of observer." We have deleted the words "and of its subsidiary organs" from the operative paragraph of the original text. This draft resolution, which envisages observer status for the Asian-African Legal Consultative Com- mittee in the General Assembly, needs no further explanation. The sponsors hope that the draft resolu- tion will be adopted by consensus. 21. I should like to conclude by wishing the Com- mittee all success in its various fields of activity.

We shall now take a decision on the draft resolution in document A/36/L.3/Rev.l. May' I take it that the General Assembly wishes to adopt the draft resoultion?

In connexion with this item, a draft resolution has been submitted in document A/35/LA/Rev.l. 24. I call on the representative of Chile to introduce the draft resolution. 25. Mr. DIEZ (Chile)(interpretation from Spanish): Before entering into the substance of my statement, I should like, on behalf of the group of Latin American States, to express to Algeria our solidarity and grief in connexion with the catastrophe it has suffered in recent days. Many latin American countries, espe- cially my own, understand the magnitude of that disaster and the sorrow it causes. We ask Algeria to accept the heartfelt condolences of the countries of the group of Latin American States. 26. I now have the honour of introducing, on behalf of the group of Latin American States, the draft resolu- tion contained in document A/35/L.4/Rev.l, in which it is proposed to the General Assembly that the Latin American Economic System [SELA] participate in its sessions and work, with observer status. 27. This regional body, whose constitutional' agree- ment was signed in Panama on 17 October 1975, was conceived as a co-ordinating mechanism for unifying COmmon positions and for promoting co-operation among Latin American countries at a time when the international situation was characterized by a series of bewilderingpolitical and economic changes. In its five years of existence"SELA. has shown.·itself:·t()··be,,a powerful instrument of ever-increasing importance in the task of structuring Latin American action in the economic sphere, on a basis that is in keeping both with smooth co-operation in accordance with the growing economic dynamism of the countries of the region and with the need for a common front on external matters solid enough to facilitate Latin American participation in the world's decision-making centres and in international organizations. 28. A corollary of this is the agreement adopted several months ago by the Ministers for. Foreign Affairsof the States members of SELA to seek a place for that organization in the deliberations of the United Nations General Assembly. That agreement isreflected • in draft resolution A/35/L.4/Rev.l. . 29. With regard to the wording of the draft, we wish to point out that it is identical in terms to other resolu- tions which allowed for the participation in the ses- sions and work of the General Assembly of other regional bodies concerned with economic co-opera- tion, such as the European Communityand theCouncll for Mutual Economic Assistance. I should add that, .in accordance with assurances given to us by repre- sentatives of the Secretary-General, the group of Latin American States understands that that wording would permit SELA to participate as an observer in the work of the Assembly's subsidiary bodies also. 30. The group of Latin American States hopes that the draft resolution will be adopted by consensus. 31. The PRESIDENT: We shall now take a decision on the draft resolution contained in document A/351

The General Assembly will now consider the first report of the Credentials Com- mittee [A/35/484]. The draft resolution recommended by the Committee appears in paragraph 18 of the report. 33. A number ofcommunications have been received from delegations concerning the report. They have been circulated for the information of all members. In addition, an amendment sponsored by 16members is contained in document A/35/L.5. 34. I now call on the representative of the Lao People's Democratic Republic, who wishes to intro- duce that amendment. 35. Mr. SOURINHO (Lao People's Democratic Republic) (interpretation from French): Thedelega- tion of the Lao People's Democratic Republic wishes first to associate itself with you, Mr. President, and previous speakers who have presented to the Algerian delegation'profound condolences on the recent earth- quake that has so sorely stricken its country. 36. The General Assembly is now considering the first report of the Credentials Committee which is contained in document A/35/484 of 24 September 1980 and concerns the credentials of representatives to the thirty··flfth session of the General Assembly. 37. In accordance with the practice that has been observed for some years now, consideration of the report: of the Credentials Committee,has never engen- dered any lengthy discussion. Normally, if no objec- tion is raised, the General Assembly considers the report and immediately adopts it. But that cannot be so in the case of the document we are now consid- ering, for paragraph 18 of the report recommends that we approve the credentials of a certain number of representatives including those of the representa- tives of the genocidal and criminal Pol Pot-Ieng Sary gang. 38. ',My delegation is fnlly aware that, in accordance with the pertinent rules of procedure of the General Assembly-rules 27 and 28--the Credentials Com- mittee has a purely technical function: merely to consider whether the credentials of representatives have been issued in due form according to the provi- sions of rule 27of the rules of procedure of the General Assembly, which states: "The credentials shall be issued' either by the Head of the State or Govern- mentor by the Minister'for Foreign Affairs." 39. ' My main challenge to the validity of the technical work that has been carried out by the Credentials 41. At least the report should have contained a paragraph or a mention to the effect that the Creden- tials Committee ,also received credentials from the representatives of People's Republic of Kampuchea. Whether it was possible or desirable to consider them is another matter, and one which must now be settled by the General Assembly. 42. The effectiveness and credibility of our Orga- nization in the way it fulfilsits noble objectives hinges essentially on its action regarding all the questions submitted to it for consideration. In our opinion just action must be based on three criteria: first, respect for the Charter of the United Nations; secondly, realities; and thirdly, justice. 43. First, as far as respect for the Charter of the United Nations is concerned, Articles 3 and 4 in par- ticular stipulate clearly that the Members of the United Nations are States-I stress the word "States"-not phantom Governments, and even less gangs of traitors and of the worst kind ofassassins of their own people. To accept such a phantom Government or a gang of traitors and of the worst kind of assassins of their own people as Member of the United Nations would be tantamount to, doing grave damage to our Orga- nization and would shock all peoples that cherish legality, reality, justice and peace throughout the world. 44. Secondly, as far as realities are concerned, despite a defamatory campaign that has been cleverly orchestrated by the leaders of Beijing, in collusion with the imperialists and their lackeys, the real situa- tion in Kampuchea is that the People's Revolutionary Council of Kampuchea exercises total power and effectively controls the country; that fact was recog- nized even by the representative of Singapore, who is an ardent defender of the genocidal Pol Pot-Ieng Sary clique, in the statement that he made before the Credentials Committee, an excerpt from which is to be found in the report before us. 45. Thirdly, as far asjustice is concemed, just a short time ago the whole world was shocked by the genocidal policy which was practised to the utmost against the people of Kampuchea by the Fascist band of Pol Pot- leng Sary which, in the space of less than four years massacred more than 3 million Kampucheans. This crime is without equal in history, because it was genocide practised by a bloody band intent on exter- minating its own nation. ofth~General Assembly. Under rule 27, the credentials shall be issued either by a head of State or Govern- ment or by a Minister for Foreign Affairs. Some members of the Credentials Committee expressed their reservations OR the credentials of three delega- tions. The Committee, however, adopted without a vote a resolution accepting the credentials of all the 68 delegations which had submitted them. The Creden- tials Committee recommends to this Assembly the adoption ofa draft resolution contained in paragraph 18 of the Committee's report. The draft resolution asks this Assembly to approve the first report ofthe Creden- tials Committee. 60. The second document before this Assembly bears, the symbol A/3S/L.S and is dated 3 October 1980. In that document 16 delegations have sponsored an amendment to the draft resolution recommended by the Credentials Committee. The amendment has j~st been introduced by my friend Mr. Sourinho of the LaQ.people's DemceraticRepubhc. The purpose ofthe amendment is that the General Assembly should not approve the credentials of the representatives of Democratic Kampuehea. 61. The approval or disapproval of the credentials of a delegation is normally a technical question. The question is whether the credentials of a delegation have been issued in compliance with rule 27 of our rules of procedure. The first question which I put to this Assembly is therefore this: have the credentials ofthe representatives of Democratic Kampuchea been issued' in accordance with rule 271 The answer, as contained in a memorandum dated 19September 1980, submitted by the Secretary-General to the Credentials Committee is clearly that they are in order. 62. On what grounds, therefore, should this Assembly accept the amendment contained in docu- ment A/3,S/L.S1 Why should this Assembly notapprove the credentials of the representatives of Democratic Kampuchea even though they are in compliance with rule 271 According to the sponsors of that amendment and their. sympathizers, there are two grounds on which this Assembly, should not. approve the "creden- tials ofthe representatives ofDemocratic Kampuchea. The first ground is that the Government of Democratic Kampuchea has been overthrown by the people of Kampucheaand is therefore no longer entitled to represent Kampuchea in the United Nations. It is argued,that'the place of Kampuchea in,this Organiza- tion should betaken by the representatives of the People's Revolutionary Council ofthe People'5 Repub- lic of Kampuchea, In order to rebut this first argument Union and the other sponsors of the amendment condemn the violations of human rights by the Khmer Rouge? The answer is, regrettably, no. On the-con- trary, Viet Nam, the Soviet Union and their 1SUp- porters defended the human rights record ofthe Khmer Rouge until the Vietnamese invasion. ' 67. Consider the following evidence: on J5 Septem- ber J978, the United Kingdom submitted to the Sub- Commission on Prevention of Discrimination and Protection of Minorities, meeting at Geneva, a draft resolution asking for an inquiry into the violations of human rights in Kampuchea and requesting that the matter be given the highest priority. 1 Fifteen members of the Commission voted in favour of the resolution, three voted against and two abstained. All three negative votes were cast by members of the socialist bloc, including the Soviet Union. 68. In the light of the above we are compelled, are we not, to conclude that the tears which Viet Narn, the Soviet Union and their supporters are shedding over the crimes of Pol Pot are crocodile tears. The world must not be deceived by the cynical attitude of these communist countries towards the question of human rights. For them human rights is only a political weapon to beused to beat their opponents. Thus, when Pol Pot was their friend, they denied there was any violation of human rights in Kampuchea. As soon as Pol Pot became their political adversary, they made a U-turn and denounced him as a bloody despot. 69. I have been asked: do the members of the Asso- ciation of South East Asian Nations JASEAN] want to restore Pol Pot to power in Kampuchea? I answer categorically: no, we do not want to -restore Pol Pot to power. If we do not want to restore Pol Pot to power, why are the ASEAN countries fighting to retain the seat of Kampuchea for the representatives of Democratic Kampuchea? Are our two positions not contradictory? 70. I should like to take this opportunity to give a clear explanation of our position. The political ob- jective for which the ASEAN countries are working is emphatically not the restoration ofPol Pot to power. Our political objective is to persuade the Government of Viet Nam to agree to negotiate a political settlement which would include two cardinal points: first, all foreign forces would be withdrawn from Kampuchea; secondly, free elections, under the supervision of the United Nations, would be held in Kampuchea. In such elections, Pol Pot and his Khmer Rouge col- leagues, in the light of their past record, are unlikely to be elected. 7J. But until such time as a political settlement is arrived at, and until a new Government is elected in Kampuchea, under United Nations supervision, it is important for us to retain the seat of Kampuchea for the representatives of Democratic Kampuchea. Let me explain why: first, it is important because the right of Democratic Kampuchea to retain its seat in the United Nations has become conterminous with 72. Secondly, if Democratic Kampuchea were to lose its seat in the United Nations, it would be tantamount to saying that it is permissible for a militarily powerful State to invade its weaker neighbour, overthrow its Government and impose a puppet regime on it. 73. Thirdly, if Democratic Kampuchea lost its seat in the United Nations, Viet Nam's policy of might is right would have prevailed and Viet Nam would have no incentive to negotiate a political solution to the conflict in Kampuchea. 74. The ASEAN countries have also been asked: why not leave the seat of Kampuchea in the United Nations vacant until such time as we have a Kampu- chean Government which commands the support ofthe Kampuchean people? 75. I should like to explain briefly why the ASEAN countries cannot accept the vacant-seat proposal. In our study of science, we all are familiar with Boyle's Law. In case members have forgotten their physics, I may remind them that a layman's explanation of Boyle's Law is that nature hates a vacuum. If a vacuum exists, gas will expand to fill that vacuum. In politics as in science, Boyle's Law can be observed to apply. If a vacuum exists, political forces will move in to fill that vacuum. If the seat of Kampuchea in the United Nations were to be vacated by Demo- cratic Kampuchea, it would not be long before the vacant seat would be occupied by the Heng Samrin puppet regime. In other words, the ASEAN countries reject the vacant seat formula because we see a vacant seat as a prelude to recognition of the puppet regime at Phnom Penh. 76. I hope I have succeeded in clarifying some of the issues involved in this debate. A vote against. the amendment in document A/35/L.5 is a vote in defence of the principles of the Charter of the United Nations. A vote against A/35/L5 is a vote for the State of Kampuchea to recover its lost independence. A vote against the amendment in A/35/L.5 is a vote which willhelp the diplomatic efforts ofthe ASEAN countries to persuade Viet Nam to negotiate a political solution to the conflict in Kampuchea.

Before I address myself to item 3 on the agenda, I should like to take this opportunity to associate myselfwith you, Mr. President, in conveying to the people and Government of the People's Demo- cratic Republic of Algeria our full solidarity and the most sincere condolences of; my delegation for the irreparable loss of life and the very considerable material damage caused by the terrible earthquake that has afflicted that country. May we also extend our sympathy to the families of the Algerian victims and those of other countries in their unprecedented time of sorrow. unde~Ulnding;pf the realities prev~~ling in;Kam~u­ chea,J:ias become more reluctant With every passmg day ,to .support the Pol-Pot-leng S$r.y clique and is more and more.in favour ofthe People's Revolutionary Council of Karilpuchea. ; ,: ..' 79.Who-sa:~aUed Democratic K.~puchea or the People's Republic,of Kampuchea-is'~ntitledto repre- sent Kampuchea at the United Natio.ris, in conformity with the principles and provisions oc'the Charter? ,., •. '1\ 80. A small number ofpeople in poU4ical circles seek unashamedly to preserve atall costs the seatofKampu- chea Jor the Pol Pot-Ieng Sary criminals who were ousted by the Kampuchean people ~# 7 January 1979. Among them are leaders in Peking, ,Washington and Tokyo and certain members of ASEAN. Although supporting thePol Pot .clique, all those countries, with the exception of Peking, have publicly con- demnedit:. On the other hand, many countries strongly support the candidature ofthe People's Revolutionary Council of Kampuchea and are firmly convinced of the soundness of their position, which is fully in con- formity with the precepts of justice-and international law. 81. However, the great majority of the delegations here perhaps find themselves confronted by a great dilemma. Are they to choose the Pol Pot-Ieng Sary clique? By international law, the presence of that clique in the United Nations is quite urUustifiable from every point of view. That clique is infamously illegal for many reasons. 82. First, that clique must answer for the horrible crimes. of lenocide for which it was tried and sen- tenced to death by the People's Revolutionary Tri- bunal in Phnom Penh in accordance with the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. Since then, more light has been sbed on the -monstrous record of those criminals; the atrocities committed by them are worse than those of the. Nazis, themselves. Even today, more than 20 months later, new mass graves are being found and the already long list of their unspeakable crimes is growinllonler: 3 million unfortunate Kampucheans exterminated by the most horrible methods of killing, that ,is to say, nearly half of the total population of Kampuchea. Among them, more than 500,000 Moslems, that is, five sevenths of the Moslem popula- tion in Kampuchea, were exterminated. 83. .It is easily understandable that in such condi- tions the well justified indignation of public opinion in the West has brought strong pressure to bear on Governments and has forced one of the Western coun,tries to withdraw its recognition of that clique of criminals. Here in the United States, while voting in favour of that clique asa resultof their clear collusion with Pekinl, the representatives of that country did so "with very long pincers and holding their noses," as stated by an -American diplomat. This is a quota- tion flOin The Washington Post of 17 September 1980. ~lflted at, a press conference after his fCf,tl,l:m _from .~Jlmpuchea,last July that uliq civilized country, should :rFcognize,tl)e Pol Pot regime since they are murderers Jmd bandits". He, added: _"Pol Pot should not be .~~mitted anywhere except to gaol." And' he said, "fJirther: "To seat Pol Pot in the United Nations is :f~ntamount to installing Hitler". . S5. While considering a similar case in the report of the Credentials Committee in 1970, the General Assembly rejected the credentials of the representa- tives of South Africa [resolution 2636 (XXV)] precisely because of the policy of apartheid of that regime which was in violation of the principles of the Charter and the Universal Declaration of Human Rights. 86. On this point, it is truly regrettable that the representative of Singapore should have deliberately forgotten United Nations history and the work of our Assembly, including its most recent work on this question. 87. Never in the history of the world has there been a State power, except the Pol Pot-Ieng Sary clique, which has systematically exterminated almost half its people. That regime was totally illegal even before it was overthrown-I repeat, even before it was over- thrown-because those cutthroats can in no way represent the aspirations and interests oftheir victims. In fact, they only represent foreign interests which are attempting to achieve the designs of their masters of Peking, that are seeking to turn Kampuchea into a new type of Chinese colony and a spring-board for their hegemonistic polic,y in South-East Asia. 88. Thus, with respect to this first point, and except for Peking, a'l-those who reject the Pol Pot clique as well as those who support it-are unanimous_in condemning it. 89. It is equally undeniable that, while it was still in power, that regime practised a policy of utter xenophobia. It was Ieng Sary himself who in 1975 brutally expelled all United Nations international organizations then operating in Phnom Penh, and his regime systematically boycotted at that time all inter- national organizations, inclUding the United Nations. It cannot be forgotten that that clique committed inadmissible hostile acts of authentic armed aggres- sion against all of Kampuchea's neighbouring coun- tries, Thailand included. Everyone is well aware of the strong protest voiced by the Thai Government on 31 January 1977 at the' attack launched by Pol Pot troops on three Thai villages. I refer to the White Book on the massacre of 28 January ~977, published by the Ministry of Foreign Affairs of Thailand and circulated at-the United Nations in March 1977. 90. What is particularly serious is that that clique has made itself the voluntary tool of the war of aggres- sion launched by Peking against Viet Nam on its south- western flank. From the armed attacks unceasingly launched since 1975, it went on to 'unleash a real war against Viet Nam in April 1977. Large-seale attacks were launched along the length of the frontiers, with incursions 'deep into Vietnamese territory over a 98. The uprising began in 1975. At 'first spontaneous and scattered throughout the country, the process made progress in 1975 and 1976, led to large-scale movements in 1977 and their progressive unification in 1978, giving birth in December 1978 to the United Front for the National Salvation of Kampuchea, which led the Kampuchean people's struggle to a historic victory on 7 January 1979. That uprising had been virtually unknown before the liberation of Kampuchea in view of the fact that communications with foreign countries had been entirely cut off and deliberately kept so by the Pol Pot clique at the time in order to realize quietly and with impunity their sinister designs of genocide, unbeknownst to world public opinion. 99. Therefore, the People's Revolutionary Council of Kampuchea, which was set up after the overthrow of the Pol Pot clique and is an offspring of the United Front for the National Salvation of Kampuchea, derives its legitimacy and legality from the exercise of the Kampuchean people's right to self-determination. That intrinsic legality of the People's Revolutionary Council has been greatly reinforced after 20 momhs of exercising government authority and ,managing state affairs throughout the territory of Kampuchea. The remarkable achievements recorded since January 1979 in the gigantic work of reconstruction of a devastated country and restoration ofan entire.trau- matized people provide evident proof of the unani- mous support that government enjoys from the Kampuchean people. All of Pol Pot's and Ieng Sary's hide-outs inside the country have been wiped out. Famine has been checked, agricultural production has been vigorously promoted and this year's crop, it is hoped, will be doubled; factories and plantations have resumed their operations; schools, hospitals and pagodas have been reopened. Family units have been reconstituted; freedom to marry, freedom. of move- ment and freedom to work have been restore". Nearly I million children,go to school; education and medical care wm from now on be free of charge. The people's administration has all the atTairs of the country well in hand and manages them with efficiency in almost total order and security On the basis of all these successes, the Constitution of the People's Republi~ of Kampuchea is being elaborated and it has been 100. .:With regardto external relations, the remarkable successes thatllave been achieved have constantly heightened the prestige of the People's Revolutionary Councilof Kampuchea. It is worthy of note that since the overthrow of the old regime the country has been opened to thousands of foreigners from the five continents, of different nationalities, political persua- sions and religious beliefs, who have visited Kampu- chea and had an on-the-spot view of the realities prevailing in that country. . 101. The destruction and ruin left behind by the criminal Pot Pot clique was so massive that one wonders how many future generations of Kampu- cheans will have to work hard to overcome and elim- inate all its consequences. The results achieved in the past 20 months in all fields of national rebirth and reconstruction have been more than encouraging. All international and private organizations, such as UNICEF, the International Committee of the Red Cross, OXFAM and so on, which carried out human- itarian aid missions in Kampuchea, have agreed that the stage of emergency food aid is over and that soon there can be a shift to reconstruction aid. 102. The aforementioned international organizations and specialized agencies of the United Nations have stated explicitlythat, thanks to the active and effective co-operation of the People's Revolutionary Council of Kampuchea, they were able to make a successful contribution to the restoration and reconstruction of Kampuchea. Thus we can say that the internal and external situation of the People's Republic of Kampu- cheahas been·fbndamentally stabilized. The martyred Kampuchean people continue to rise vigorously from the ruins left behind by the fallen criminal regime. 103. The People's Revolutionary Councilis therefore asserting itself as the unquestionable authority exer- cisingeffective power over the whole national territory in the name of the entire people of Kampuchea, which is the master of its own destiny. It is this Council and this Council alone that is capable of fulfilling the obligations of a Member State as prescribed in the Charter. It is that Council and that Council alone that is entitled, under the provisions of the Charter, to represent Kampuchea in our Organization. 104. I come now to another aspect of the problem, namely, the presence of Vietnamese troops in Kampu- chea, an element which, according to some, con- stitutes an obstacle to the recognition of the People's Revolutionary Council of Kampuchea. 10S. The question that arises is, why are the Viet- namese troops in Kampuchea? Now, the whole world knows that they came in respone- to an appeal by the Kampuchean people, to assist it in its struggle against the genocidal 'Pol Pot-Ieng Sary regime. They were there also to exercise their sacred right to self- defence, recognized by the Charter, because their territory had for four years been the victim of armed aggression launched by the Pol Pot clique acting on Peking's orders. As we stated earlier, the war unleashed by that clique against Viet Nam was con- tinuouslyintensifiedand becameespecially threatening sidnsof their troops to the 'south-western ftontier of Viet Nam to carry out a decisive plan of attack in the dif~ction 9f Ho Chi Minh .City, while hundreds of tl)Qusands of Chinese troops already massed on the nprt,hern border of Viet Nam were prepared to laucnh a;~imultaneous attack. The danger of Viet Nam's being crushed between the two arms of a pincer was immi- nent. Viet Nam had to react in a timely manner to defend its sovereignty and territorial integrity. It had to.repel and annihilate the Pol Pot forces ofaggression. Which sovereign State would not have acted in the same way in Viet Nam's place? In those tragic times, when genocide was at its peak and when thousands of innocent people were beingkjlledeach day, the United Front for the National Salvation of Kampuchea launched a pathetic call for help from all the forces of peace in the world in its declaration of 2 December 1968, and Viet Nam took it upon itself as a duty to come to the rescue of this people threatened with extinction. 106.Viet Nam hasdonejust as did Indiain 1971 when it came to the help of the people of Bangladesh, or as did Tanzania, which some years ago came to the rescue of the people of Uganda, in keeping with numerous relevant resolutions of the General Assem- bly adopted in the' name of the peoples' right to self- determination. 107. Subsequently, on 18 February 1979, a Treaty of Peace, Friendship and Co-operation was signed between the Socialist Republic of Vi~t Nam and the People's Republic of Kampuchea, reaffirming the agreement between the two Governments on the economic, political and military assistance provided by Viet Nam to Kampuchea. 108. In addition, this is not the first time that Viet- namese troops happen to be in Kampuchea, as well as in Laos. They have already been there twice in the last three decades.and their presence was made necessary by the need to preserve the militant soli- darity of the Indo-Chinese peoples in defence of their freedom and independence against the common enemy-the colonialist and imperialist aggressors- who had turned Indo-China into a single battlefield. It is well known that, once the aggressor h~d been defeated and victory secured, Viet Nam, in both those instances, immediately withdrew its troops from Kampuchea and Laos in strict respect for the sover- eignty and territorial integrity of the two brother countries. These precedents constitute the best guarantee that this time too, as before, the Vietnamese troops, whose presence in Kampuchea is only temporary, will undoubtedly withdraw as soon as the threat from the common enemy has been eliminated, because Viet Nam has never had any territorial ambi- tion with regard to the sister People's Republic of Kampuchea. 109. It is interesting to note that the representatives of those countries that are doing their best to accuse Viet Nam of aggression in Kampuchea happen to be those that waged the most brutal wars of aggression against Viet Nam and other Indo-Chinese countries -namely, the United States of America and the maintenance ofjustice and to respect for international law. U Ill. In the view of my delegation, the least one should do would be to expel without delay from our Organization those who are guilty ofgenocide, that is, the representatives of the illegal Pol Pot-Ieng Sary clique. To allow this gang of criminals, which is unanimously condemned by the whole of mankind, to be seated in our midst in thls Assembly would be tantamount to legalizing the genocide they have com- mitted, in defiance of all the tenets of justice and norms of international law. It would challenge the universal conscience. By accepting the powers of this gang ofgenocidal criminals, who have been prosecuted by their own people and who find shelter only in unlawful sanctuaries outside their country, the United Nations would be creating for the first time since its founding a scandalous precedent which would un- doubtedly damage its prestige as an Organization responsible for the defence ofjustice and international law. 112. Secondly, when we recall the noble purposes enshrined in Charter of the United Nations to con- tribute positively to the defence offundamental human rights and human dignity, there could hardly be any justification for the recognition by the United Nations of the executioners who have trampled underfoot the right to life of 3 million Kampucheans who have been tragically exterminated. Quite to the contrary, justice should be done, so that similar crimes may never again be repeated. 113. Thirdly, as long as the United Nations allows those guilty of genocide to take a seat in its General Assembly, it seriously hampers the efforts of the 4 million surviving Kampucheans to free themselves from their horrible nightmare and to carry out their work of restoration and reconstruction. Such a posi- tion on the part of the United Nations would reinforce the Kampucheans' obsessional fear of the return of their former executioners. 114. Lastly, with regard to the task of the United Nations to contribute positively to the maintenance of international peace and security, the recognition of the People's Revolutionary Council of Kampuchea by the United Nations would help to create favourable international conditions which would allow the young People's Republic of Kampuchea, which is a strong factor for peace and stability in the region, to carry on successfully the work of normalizing the life of its peopl-: and national reconstruction. lIS. At the same time, the recognition of the authen- tic and legal power of the Kampuchean people would put an end to the political fiction ofthis defunct regime and would prevent the Pol Pot clique, the factor causing the troubles, from perpetrating its crimes against Kampuchea's neighbours. bodians still· listen for the once-forbidden sound of Buddhist temple., bells tinkling-the country's most reassuring sign that Pol Pot and his terror have not returned in the night. If we were to maintain the slalllsquo in this Assembly, we should be pretend,..lg that that name and that terror have never gone away fro~ Kampuchea in the first place; - 129. Mr. ZAINAL ABIDIN(Malaysia): At the outset I wish. on behalf of our people and Government to express condolences and sympathy to the Govern- mentand people of Algeria on the tragedy caused by the devastating earthquake·' that ·occurred·in the AI Asnam region a few days ago. We share with our brothers·in Algeria a deep sense of sorrow and we pray that the bereaved families will be given strength and courage in facing that catastrophe. . .- . - -. - ..-..-- --_....- .._- 130. This year, once again, we are Witnessing an attempt by a few Member States to deny another Member State its rightful place in this b~dy~ Only last year,at thethirty..fourthsession ofthe General Assem- bly, we were confronted by a similar move and; after a lensthydebate, we succeeded in clearly pronouncing our views and our decision by endorsing the recom- mertdation contained in the report of the Credentials Committee [resolution 34/2 Al. We thus rejected the move to replace the delegation of' Democratic Kampuchea with that of the ':Ieng Samrin regime ~embers of this unique institution, after witnessing the untold misery and ravages of the Second World War, underlined a number of international principles and ideals to govern international behaviour to save succeeding generations from the scourge' of war. Our Organization and in fact the whole United Nations system and the current world order'are based upon the foundation of those sacred principles. To us who cherish them, to most of us who represent small nations of the world, and to us whose resources are limited and required to be put to productive purposes, the choice is clear: no nation should be allowed to enjoy the fruit of aggression, intervention or inter- ference in the internal affairs ofanother, for if that were allowed or tolerated the world would again be turned to chaos and dissension and the law of the jungle would again prevail among nations. 132. We should therefore not underrate the impor- tance of our present deliberations on the .first report of the Credentials Committee to the current session of the General Assembly. The duty of the United Nations is to ensure strict observance of its Charter by. Member States, and to promote peace, interna- tional stability and the social progress of mankind. It is with those objectives in mind that we should approach the question ofthe credentials of Democratic Kampuchea today. 133. Events in Kampuchea are seen by us in South- East Asia in avery clear perspective. Since the Second World War the region, in particular the Indo-China area, has really known no peace or stability. It became the victim, consciously or unconsciously, of major- Power rivalry. It has been the area of super-Power conflicts and, in.the process, as we all know, untold millions have lost their lives and, property. When peace finally prevailed in 1975, our expectation. was great. This was the opportunity upon which we could build a region that was stable and prosperous, Unfor- tunately that expectation was short lived. Little did we realize that those who suffered most during the war would soon, after a few years, mount another war, victimizing a small nation which has neither the capacity nor the resources to defend itself except by .waging jungl~, warfare. Little did we expect that the legal Government ofKampuchea would be swept away and a new regime; a regime more to the liking of the aggressors, would be installed in its place. 134. We in South-East Asia regard the invasion of Kampuchea 'as a blatant violation of the fundamental principle ,by which countries of the region could coexist and live in peace and harmony for the common good. We hold that the intervention in Kampuchea by hundreds of thousands offoreign forces contains the seeds offuture conflicts which could once again throw our region into a state ofturmoil, We see the contra- vention ofthat sacred principle as the beginning of the destruction ofour hope and aspiration together to build The meeting rose at /./5 p.m.