A/35/PV.35 General Assembly

Once again, it is proposed that we should recognize a gang of murderers as possessing the right to represent the people of Kampuchea in the United Nations. That is both ridiculous and monstrous. Although one can hear, behind the scenes ofthe thirty- fifth session of the General Assembly, voices saying that this is the last time that those who initiated this "decision" will be able to attempt to have it adopted, my delegation has no intention of taking part in this orchestrated farce. 2. Ifinitially, immediately after the people of Kampu- chea had overthrown the Pol Pot clique, some people could still count on the bewilderment of world public opinion and on misinformation, today the essence of the problem we are facing is quite obvious to all. To extend even for a single day the presence within our Organization of private persons from the Pol Pot- Ieng Sary group-which, in pursuing a policy of genocide against the people of their own country, annihilated more .nan 3 million Kampucheans-is totally absurd. 3. It is useless to attempt to justify this conduct by legalistic exercises or lectures on the laws of physics -which, incidentally, we did not hearfrom some ofthe speakers before me during the many years when the Imperialistic militarists were sowing death inthe coun- tries of Indo-China in their long-drawn-out aggressive war. Whether they like it or not, the decision proposed in the first report of the Credentials Committee can be viewed only as an inglorious support for the geno- cidal regime and a futile attempt to restore it in Kam- puchea, an attempt that is unworthy of the United Nations, a desecration of the memory of the regime's 7. As can be seen from the telegrams of the Minister for Foreign Affairs ofthe People's Republic ofKampu- chea, Hun Sen, dated to and 13 September 1980, [A/35/454 and A/35/455], that Government alone has the right to al.t on behalf of the Kampuchean people in international affairs.

Before expressing the views of our delegation on the agenda item under discussion, I should like, Mr. President, to associate myself with your words of I;ondolence addressed to the Algerian delegation in connexion with the tragic natural disaster which afflicted the People's Democratic Republic of Algeria just a few days ago. The Soviet delegation would like to request the Permaneni Representative of Algeria to the United Nations, Ambassador Mr. Bedjaoui, to convey our deepest sympathy to the families of those who died and to the people and Government of Algeria at the great human and material losses sustained because of the ~arthquake. 9. 'In connexi01l with the first report of the Creden- tials Com'1littee' submitted to the General Assembly, the'Soviet deleg~tion would like to make the following statement. NEW YORK victims and an act of discrimination against the people of that country. Incidentally, is it not typical that only the Chinese Maoists have come forward openly in support of the Pol Pot clique? 4. In February this year an official visit was paid to Kampuchea by the President of the Czechoslovak Socialist Republic, Gustav Husak and a communique adopted in the course of that visit states, inter alia: "The situation in Kampuchea remains unchanged. The People's Revolutionary Council of Kampuchea, which controls the whole territory of the State, is the sole authentic and legal representative of the Kampuchean people and the lawful seat of that country in the United Nations and other interna- tional organizations belongs to it alone." 5. On the basis of this position, the Czechoslovak delegation objects to the recommendation that the General Assembly should recognize the credenti'lls of the representatives of the regime of darkness which was overthrown by the Kampuchean people. 15. In the field of foreign policy, the People's Revo- lutionary Council of Kampuchea has been consistently pursuing a policy of friendship and co-operation with all neighbouring countries and is firmly supporting peace and stability in South-East Asia and the strength- ening of international peace and security in accord- ance with the principles of the Charter of the United Nations. 16. The fact that the Government of the People's Republic of Kampuchea has for a long time been actively co-operating with the United Nations and other international organizations in restoring the economy and the social and cultural life in the country is also of considerable importance. Within the frame- work of this co-operation, dozens of representatives of international organizations, including the United 18. The question of who should represent the in- terests of States at the United Nations is an important political problem, the solution to which entails serious consequences for, among other things, the prestige of our Organization. We cannot resign ourselves to the fact that from the rostrum of the United Nations people should be speaking who are hated and not recognized by the Kampuchean people. The preserva- tion within the United Nations of a seat for people who represent no one and who, in addition, are being financed and aided from outside, serves only to under- mine the authority of our Organization. We have to look the facts in the face and recognize that to vote for the approval of the credentials of the so-called "representatives of Democratic Kampuchea", no matter what arguments are adduced in their favour, is tantamount to supporting the criminal Pol Pot clique and can be viewed only as an intention to promote its return. Any other interpretation of such a vote is impossible. 19. The legitimate question arises: whose interests are served by the inadmissible situation where, in the United Nations, we still find people who represent no one but themselves? The answer is clear. This long-drawn-out anomaly plays into the hands only of imperialistic and hegemonistic quarters which are striving to hinder the normalization of the situation in the People's Republic of Kampuchea and to desta- bilize the situation in Indo-China and throughout South-East Asia. These quarters. make unceasing attempts to galvanize the "policial corpse" thrown onto the scrap-heap of history-namely', the Pol Pot regime-and in doing so, they crudely flout the elemen- tary norms of morality and international law. 20. In connexion with the first report o~ the Creden- tials Committee, the Soviet delegation cannot fail to draw attention to a double standard in the conduct of the Chinese P<\ople's Republic, whose Government was deprived for more than 20 years of representation within our Organization and which, with very justifi- cation, and with i:he support of the Soviet Union and other socialist countries, fought for and eventually won its lawful seat in our Organization. Today, how- ever, we see that country-having made a 180·degree turn on the question of representation at the United Nations and characteristically using in essence those very arguments which were used against the restora- tion of its own rights in the United Nations-coming out on the side of the criminal regime which has once and for all been repudiated by its people. 49. The question of representation should be con- sidered in the light of the purposes and principles of, ilie Charter. In deciding the question ofthe representa- tion of Kampuchea, the General Assembly would in fact be passing a serious judgement on whether the People's Revolutionary Council is able and willing to carry out the obligations of Kampuchea assumed under Article 2 of the Charter of the United Nations. It is quite evident that only the People's Revolutionary Council of Kampuchea exercises control over the country's territory, enjoys not only the full support of the people but recognition by a large number of States and is capable of carrying out Kampuchea's interna- tional obligations. I J1 I 50. Therefore, on the international arena, any person not appointed by the People's Revolutionary Council has no right to represent the Kampuchean people. In like manner, no problem affecting the internal or external affairs of Kampuchea. can be resolved in any international bodies, including the General Assembly, without the participation of the duly appointed repre- sentatives of the People's Revolutionary Council of the People's Republic of Kampuchea. To ignore this reality and, even worse, to allow the continued illegal presence in the United Nations of some individuals I f~~e reality, truth and justice, is it not preferable to tbat other kind of interference which consists in not recognizing that the Kampuchean people has already made its choice? Indeed, it is not for us, at least in these deliberations, to take a stand on the conditions in which political power in Kampuchea was assumed. 64. We have all tried to advance more or less tech- nical and legal arguments. Experience, however, has taught us that it is not by rationalizat~on that we have settled the question of the representation of a State, but that we have had to bow to the will of peoples, events and the course of history. It is high time that we left the realm of unreality and put an end to a fiction. 65. Mr. NISIBORI (Japan): First of all, on behalf of the Japanese Government and people, I should like to extend profound condolences to the Government and people of Algeria in connexion with the recent tragic disaster, which has caused heavy casualties and damage. Coming as I do from a country very often visited by earthquakes, I feel truly deep and heartfelt sympathy, in particular with the bereaved families of the victims in Algeria. 66. The first report of the Credentials Committee [AI351484], as introduced by the representative of Costa Rica, recommends to the General Assembly that the credentials of the representatives of the Member States concerned be accepted. 67. My delegation has consistently maintained the position that the competence of the Credentials Com- mittee is limited to ascertaining whether the creden- tials submitted by delegations comply with rule 27 of the rules of procedure of the General Assembly. In this regarC;, the first report of the Credentials Com- mittee has my delegation's full support. .--- - - --_.' 68. However, the amendment to the draft resolution submitted by some Members in document A/35/L.5 singles out and repudiates the credentials of one delegation-namely, that of Democratic Kampuchea. My delegation has no doubt about the validity of the credentials of the representative of Democratic Kam- puchea, which were issued by a legitimate Govern- ment and submitted to the Secretary-General in due form, as is clearly stated in the Secretary-General's memorandum of 19 September 1980. In our view, the delegation of Democratic Kampuchea is the only legitimate representative of that country in the United Nations. -._------- _.-.~_._._.. _._--- ----- 69. It is self-evident that, by proposing the amend- ment, its sponsors intend to unseat the repre~~ntative of the Government of Democratic Kampuche.l in the United Nations, with the eventual aim of seating a representative of the so-called People's Republic of Kampuchea. Although the legal effects of the -1o?,,- tion of the amendment would be debatable, h. ny delegation's view, what should be considered in voting on the amendment is that its adoption could be tlin- tamount to accepting the so-called vacant seat formula, which is unprecedented in United Nations history and .is unacceptable, at least to my delegation. My delegation therefore cannot accept the am~ndment 70. In that connexion, my delegation feels it im- portant to emphasize that Japan's endorsement of the credentials of Democratic Kampuchea on the technical grounds to which I have just referred in no way implies any degree of support or approval of the actions taken by the Government of Democratic Kampuchea in the past. Nevertheless, no matter how deplorable the record of that regime may have been, any attempt to overthrow that regime through the intervention of foreign military forces is totally unjus- tifiable. Furthermore, my delegation calls to the atten- tion of Member States the fact that the repudiation of Democratic Kampuchea's representation in the United Nations would involve the eventual recogni- tion by the international community of the situation in Kampuchea created by the military intervention of foreign forces in that country. 71. The credentials of Democratic Kampuchea were accepted by a majority of Member States at the thirty- fourth session of the General Assembly. During the last 12 months, the political situation in Kampuchea has not changed at all-Vietnamese troops remain stationed in that country in defiance of resolution 34/22, which, inter alia, called for the immediate with- drawal of foreign forces. Under th9se circumstances, my delegation sees no reason why the General As- sembly should change its position by not accepting the credentials of Democratic Kampuchea for the current session. 72. In the next few days, the General Assembly will be taking up once again the agenda item on the situa- tion in Kampuchea. At that time, my delegation will explain its views in greater detail, taking fully into account the elements contained in resolution 34/22 and in the draft resolution contained in document A/35/L.2, in the hope of finding, in co-operation with other peace-loving nations in the world, a political solution to this grave problem.

To judge from the main thrust of the report by the Credentials Committee and from the statements we have heard, this is not a purely technical ques- tion. It is a problem that affects the smooth functioning of our Organization and ho.w we are to be judged by world public opinion. In a word, we are once again in a situation that will directly test the authority and the image of the United Nations. 74. I 'should like to inform the General Assembly of the objections that we have regarding the report. They concern the powers of the so-called delegation of Democratic Kampuchea. We, and a large number of other countries, have on many occasions said that those who claim that they are the representatives of Kampuchea and its people are in fact only usurpers, envoys of the remaining members of the Pol Pot clique. And we are all familiar with the abominable crimes committed by that clique against the unfor- tunate Khmer people. 78. Today we have heard statements from those who, while recommending that we accept the repre- sentatives of Democratic Kampuchea in our midst, have felt-and not without reason-that they should disassociate themselves from the crimes of the Pol Pot regime. What is the good of referring to positions previously taken against violations of human rights in Kampuchea if the very people who have taken that stand are today trying to defend-and thereby to justify-the positions of the Pol Pot group? To attempt to establish'some sort of moral capital on the basis of the past is in vain. We cannot change the fact that giving the Pol Pot regime the stamp of Assembly approval would be tentamount to reconfirming the status ofthose who have murdered millions ofinnocent Kampucheans, and that, to say the very least, would not be in keeping with the spirit and letter of the Charter of the United Nations. We do not believe that anyone could convincingly dispute the basic assertion I have just made, even if such a person were to have recourse to all the subtleties of formal logic.

First of all, my delegation wishes to associate itself with the deep and sincere condolences expressed from this rostrum to the Algerian people following the tremendous loss of human life and the material damage caused by the earthquake. 80. In connexion with the discussion of the report of the Credentials Com~ttee, the General Assembly has once again had its attention focused on the question of the representation of Kampuchea in the United Nations. The General Ass~mbly is witnessing, as it did last year, an attempt to impose upon it a decision approving the credentials'of the representatives·of the criminal Pol Pot regime. Efforts are under way to preserve a situation that is totally unjustified either from the point of view of universally acknowledged norms of international law or from the standpoint of hlliY~' lost their lives. We wish to convey our deep coqdolences and profound sympathy to the brotherly people of Algeria and pray that they may bear the grave loss suffered in this catastrophe with courage and fortitude. We also wish to express our solidarity with them in this hour of national tragedy. 87. The delegation of Pakistan takes this opportunity to qffer its comments on the first report of the Creden- tials Committee [A/35/484] as well as the amendment to the report, [A/35/L.5]. 88. It has been the firm position of principle of the Government of Pakistan that external military inter- vention to overthrow the lawful Government of a country constitutes a graye violation of the principles of the Charter of the United Nations and the norms of international law governing the rights and duties of States. These principles include respect for sover- eignty, territorial integrity and political independence of other States and the principle of the non-use of force in international relations. 89. We approach the question of the credentials of the delegations of Kampuchea and Afghanistan from that policy of principle. We can neither recognize nor acquiesce in the legitimization of situations which are the outcome of foreign military intervention. Such intervention cannot be justified in any circumstances or on any grounds, moral or political. 90. With regard to Kampuchea, while Pakistan deplores the brutalities committed by the Pol Pot Administration against its own people, we are orthe view that considerations of human rights cannot be invoked to justify a foreign military intervention. Accordingly we uphold the right of the delegation of Democratic Kampuchea to continue to represent Kampuchea in this body. Moreover, because of the continuing presence of foreign troops in Kampuchea, we do not find it possible to support the amendment contained in document A/35/L.5, which seeks to confer legitimacy on a consequence of foreign military inter- vention. 91. In consistence with the same position of prin- ciple, the delegation of Pakistan wishes to place on record its reservations concerning the credentials of the representatives of the Kabul authorities to the thirty-fIfth session of the General Assembly. Pakistan has maintained this position at the sixth emergency special session last January and also on subsequent occasions. It may be recalled that in its resolution ES-6/2, the General Assembly declared that the foreign armed intervention in Afghanistan was a clear violation of the Charter of the United Nations and called for the immediate unconditional and total withdrawal of the foreign troops from Afghanistan in order to enable its people to determine their own form of government and choose their economic, political and social systems free from outside intervention, subversion, coercion or constraint of any kind whatsoever. I therefore tAke this'opportunity to reiterate that my delegation's non-ob~ection to the participation of the Kabul delega- tion in the work of the thirty-fIfth session of the General Assembly should not be construed as con- etc~ed on our hearts and minds. 99. It should be recalled that Viet Nam was one of the first countries to give formal recognition to the Government of Democratic Kampuchea, then its ally and comrade-in-arms in the struggle for the com- munization of Indo-China. Once that success had been achieved and when the Kampv.chean nation began to resist in earnest the Vietnamization of Kampuchea, Viet Nam lauL._:Jed its invasion of and imposed a military occupation on the recalcitmnt neighbou., in flagrant violation of the principles of the Charter of the United Nations and international law. 100. We the Members vf the United Nations have voluntarily agreed to uphold the principles :,f the Charter and to respect the rights of other States. The most important among those principles include non-intervention and non-interference in the internal affairs of another State and non-use ;)f force and the peaceful settlement of disputes in international rela- tions. Among the legitimate rights of States are th~ right to sovereign ind(:pendence a'ad territorial integ- rity and the right of the peoples ,,) self-determination. 101. Viet Nam's invasion and military occupation of Kampuchea have violated these generally recognized principles and fundamectal rights. Its continued viola- tion of such rights and principles, despite their reaf- firmation by the General Assembly in its resolution 34/22, must not result for Vietnam or its puppets in any legitimate claim whatsoever. On the contrary, any claim to legitimacy in such circumstances is inad- missible and must be completely rejected. 102. Since the amendment in A/35/L.5 represents a thinly disguised manceuvre to bring about the legit- imization of inadmissible claims, it must be totally rejected. In so far as that amendment, if adopted, would give a superior claim to the puppet regime foisted or Kampuchea by foreign forces, it must be rejected outright. To vote for it would be contrary to General Assembly resolution 34/22 and would under- mine the current efforts to achieve a peaceful §ettie- ment of the Kampuchean conflict that will ensure the sovereignty and independence of Kampuchea, which the large majority of States regard as essential for durable peace and stability in South-East Asia. We must therefore resolutely reject the amendment in A/35/L.5. 103. To vote for that amendment would amount to condoning the aggression against and illegal occupation of a sma;: coun~ry by a more pcwerftd neighbour, thereby endangering the security and well-being of all States. We must therefore vote strongly agains~3mend- ment A/35/L.5. The vote for it would be to deprive the Kampuchean people·of their inalienable right to self- determination and to compromise the sovereignty, m~i~lains and sustains that illegal regime today. 108. My delegation is of the view that any change of regime in Kampuchea should be the result of, and only of, th e implementation of resolution 34/22 on Kampuchea and the outcome of the exercise by the people of Kamf>uchea of their right to self-determina- tion. However, that resolution, adopted last year by the General Assembly by an overwhelming majority, has not been implemented at all. 109.· In view of these considerations and also for reasons already explained by representatives of other Asian countries who have spoken before me, my delegation continues to support the credentials of the representatives of Democratic Kampuchea for this session of the General Assembly. Consequently my delegation will reject the amendment contailled iu document A/35/L.5 and will accordingly vote ay,ainst it.

I ~nould like to convey to the Government and the people ofAlgeria the deep syml?attly and solidarity of the Government of the People's Republic of Angola for the tragic loss of life and for the destruction caused by the earth- quake in El Asnam. A catastrophe of that magnitude affects the entire nation. As firm friends ofthe Algerian pet'ple, the people of Angola mourn those who have lost their lives and wish the Algerian nation a speedy recovery from the effects of the earthquake. Ill. Every year and at every United Nations con- ference we go through the sometimes tedious business ofregistering our right to represent this or that Govern- ~!1d which is the Government that takes upon itself the issuing of credentials to its represent~tives? It is the Government that is in power in the co~ ,;try, that functions as its executive authority, th~r works as its legislative body. It is the Government whose armed forces defend its territory and patrol its skies. H is the Government that is the executive expression of the people of that country. To put it technically, it is the Government that operates out ofthe designated capital of the country, that ccdTies on its day-to-day opera- tions and exercises all the functions of statecraft. 112. Today, in the designated Kampuchean capital of Phnom Penh, there sits a legitimate Government of Kampuchea, the representative of the Kampuchean people. And today, in this hall of the General Assem- bly, sit the representatives of a clique rejected by the Kampuchean people, hence rejected by their history. It is shameful and contrary to diplomatic protocol that unauthorized personnel should occupy the seat that signifies the sovereign status of Kampuchea. The Pol Pot clique was ouste~ from Kampuchea and chased out by the will and fury of its erstwhile victims. Their operating today from hide-outs in jungles in a neigh- bouring country certainly does not entitle them to claim the status of a government. Meanwhile, the real and legitimate Government of Kampuchea works in the capital and waits to be admitted to this hall. 113. Who runs the schools and hospitals of Kampu- chea? Who administers the cities, the provinces and the countryside? Who receives foreign heads of State and their emissaries? Who mints the currency? Who ',;ontrols. the econqmy and finances of Kampuchea? Who commands its armed forces? Who salutes the flag that flies in the capital? The Government that does all this is the legitimate Government of the People's Republic of Kampuchea and it is the representatives of that Government that should sit in the General Assembly at the present session. 114. We have heard a number of delegations state in this hall that they did not condone the genocide and other barbaric ar.:ts perpetrated by the Pol Pot-Ieng Sary clique. And yet they continue to support the presence here of representatives of a group no longer representing Kampuchea. That is not mereIy con- doning, but even tacitly encouraging, and contrary to international law and conventions. 115. If such double standards continue they will set a dangerous precedent. Any individual could walk in here and claim to be the legitimate repre.wntative of his country. There would be chaos and the work of the United Nations would have as much meaning as a circus or a boxing match. 116. As a member of the Credentials Committee I have already and most forcefully made known in the Credentials Committee the views of my Governrnent and delegation. For the record I should like to repeat them: D'!\Y delegation does not accept the credential:~ of the personnel seated in the General Assembly ami claiming to represent Kampuchea. 122. Furthermore, the delegation of Senegal does not believe that removing the legitimate Government of Kampuchea from our Orga.nization·would be in the interest of a peaceful settlement of the present conflict in Kampuchea. Such an ac:t would not promote a negotiated settlement which,. it must be recognized, requires the full and entire participation of the !~git­ imate authorities ef Democratil'" Kampuchea. 123. For these reasons and because those who still occupy Kampuchea have so far not made even the slightest gesture towards withdraw:ng their troops, my delegation will vote against the amendment contained in document A/35/L,5. Such an amendment goes against the resolutions of tbe General Assembly m~ Kampuchea. Moreover, it promotes neither the elimi- nation of the consequences of foreign aggression, nor a just ;:;ettlement of the conflict which would make it possible for the people of Kampuchea freely to choose their own Government and pursue the policies of their choice. 131. The delegation of Zaire has noted with surprise the amendment in docLlmerit A/35/L.5 which certainly goes against the report of the Credentials Committee~ That amendment suggests that we approve the first report of the Committee, except with tegard to the credentials of the representatives of Democratic Kampuchea. Representatives will see that that amend- ment suggests th~' "1e General Assembly take a stand contrary to the s~ .t and letter of its resolution 34/22' of 14 November 1979. Indeed, rejection of the cre- dentials of the representatives of Democratic Kampu- chea, a legitimate Government overthrown and driven from power by foreign troops of invasion and occupa- tion, is an attempt, if not directly at least indirectly, to win endorsement for the Phnom Penn regime ~et up by the foreign troops of invasion and occupation, against the will of and without prior consultation with the people and scorning the principles of international law which govern relations among States. 132. The delegation of Zaire has always felt that legitimacy is to be determined by the people and cannot be granted by the United Nations to a government imposed on a people by foreign troops of invasion and occupation. 133 We have all been moved by statements about violations of human rights by the Pcl Pot regime, but that is not the' po~nt at all. The point is whether a g(.lvcrnment has the right, for any reason, to invade . ,:"other State, overthrow the legally established government and by force set up a government sub- servient to it. In Zaire, we say "no" to such a proposi- tion, and it is fortunate indeed that many Members of the United Nations also reply "no". 134. That is a dangerous trend that must be stopped, a trend towards the politicization of human rights for purposes of destabilization. The day when those who have recelltly discovered their vocation as defenders of human rights send their troops in against the white minority regime of Pretoria, will be the day when they' convince us that they do not intend to use human rights as a permit to intervene in the affairs of other States or to violate the principles of non-resort to force or the peaceful settlement of disputes, which are enshrined in the Charter of the United Nations. 135. As everyone knows, many countries-there really is a great number of them, and justly so-which defend the credentials of the representatives of Demo-. cratic Kampuchea have not had any special relations with the Pol Jot regime, at least that is true of the Republic of Zaire, For our part, we are interested in maintaining the foundations of peace, international security and confidence in international relations. We want to defend the principles' of the Charter of the United Nations. s~.H~~maey on other nations? Article 2 of the Charter o~;I~he United Nations forbids interference in the i~~f;~al affairs of other States and the threat or use o~.fwee against the territorial integrity or political ind'eRendence of any State, or in any other manner inctID. sistent with the purposes of the United Nations. DORyman rights relieve certain States Members of the Unl~ed Nations of their responsibilities under Article 2 of die Charter? The reasons that are being put forward tOO2"'y in favour of r~cognitionof the regime installed by the troops ofinvasion and occupation in Kampuchea are not all the same as those advanced during the thirty- fourth session of the General Assembly. 137. That alone proves the emptiness ofthose claims. It seems that some countries are getting into the habit, increasingly, of justifying their aggressions and inva- siom; by Jeclaring that they were either called to help the people concerned to defend their right to self- determination or had signed a treaty offriendship with the regime which they had set up through the use 'of force. Has the United' Nations ever recognized a national liberation movement of Kampucnea led by Heng Samrin, so as to enable him today to claim legitimacy by virtue of the right to self-determination? What State represented here can say that it has no problems and what is going to happen in the world, what will the future of international relations be if we all allow ourselves to act similarly vis-a-vis our neighbours? Does the signing of a treaty of friendship and co-operation with a regime that they have set up relieve the aggressive invading troops of occupa- tion in Kampuchea of any responsibility for their actions? 138. If the course to anarchy is opened in this way, some countries whic•• h'ck the means to do so today will surely permit themselves such liberties tomorrow when they are in a position to do so, because we can all of u§ find interests to be defended or safeguarded. 139. This world of anarchy and this return to the law 0: the jungle which is proposed by some with as- tounding irresponsibility regarding our common obligations to pe.ace, survival of the world in harmony and peaceful coexistence among peolpes with different economic and political systems, are notiON that we in Zaire categorically reject. Quite obviously the General Assembly, out of (espect for the principles Oil which the United Nations is based and the many resolutions and declarations adopt::.d for the promotion of peace ao\}nternational security, cannot condone the invasion of and aggression against Kampuchea by accepting the amendment in document A/35/L.5. It is in that spirit that we will reject this amendment and vote against it. 140. Mr. LING Qing (China) (translation from Chinese): First of all, I should like, in the name of the Chinese delegation, to express profound sympathy to the Algerian Government and people for the tremen- dous damage they have suffered because of the recent. earthquake and to extend sincere conrlolences and regards to the afflicted families. 141, The Chinese delegation endorses the first report of t~e Credentials Committee and firmly maintains Gov~rnment, that is, all the attributes of the notion ofa State, and whose full name, as is also well known, following the 1979 revolution, is the People's Republic of Kampuchea. 158. Secondly, each and every Member State, as stipulated in Article 4 of the Charter of the United Nations, is required not only to accept the obligations contained in the Charter and to be willing to carry out these obligations but also to be able to do so. Therefore the question posed to us now is which Government is in a position to employ the resources of the Member State, that is, the People's Republic of Kampuchea, and direct the people of that country in the fulftlment of the obligations of membership. The answer to that question is clear. There is no way for the genocidal clique of Pol Pot to be the Government in question, a· clique whose remnants, supported and assisted by imperialist and hegemonistic forces, ar~ doing their utmost to fuel the hotbeds of tension in South~East Asia. Those remnants cannot speak on behalfofthe Kampuchean people, much less authorize anyone to represent them at the United Nations; for it is a long-established rule that nobody can delegate powers which he does not himself possess. The truth is that this criminal regime has been overthrown, divested of authority and chased out of the country by the Kampuchean people, and no one can deny that the Government exercising effective administration over the country and able to implement the Charter obligations is the Government in Phnom Penh, that is, the People's Revolutionary Council. Furthermore, the regime of Pol Pot and leng Sary did not simply violate human rights or· have a bad record in that respect as some of the previous speakers wouI'd have it; it has committed one of the most monstrous crimes against humanity, namely genocide, a crime that is outlawed by international law. 159. For 20 months now .the Government of the People's Revolutionary €'Ouncil, a Government 169. If the people of Kampuchea feel that they are adequately represented" and world opinion recognizes that the Revolutionary Council has been playing a positive role in saving the people and rebuilding the country, in whose name and for what does this Orga- nization-which is supposed to be above bloc and partisan interests-refuse to seat the Penple's Revo- lutionary Government of Kampuchea? 170. From this Assembly the legitimate representa- tives of the people of Kampuchea are excluded. We believe that one' cannot, as so many representatives have done from this rostrum, invoke the presence of Vietnamese troops in Kampuchea to justify the exclu- sion of the People's Republic of Kampuchea from our Organiza.ion without, on the one hand, interfering in the internal affairs of those two States and, on the other hand, reopening the frontiers of Kampuchea to Pol Pot and his army of butchers. 171. That is why the Repl'iblic of Seychelles believes that the People's Revolutionary Government of Kampuchea must be allowed to take the seat which belongs to it in this Organization, to the exclusion of the representatives of the Pol Pot regime, who in no circumstances should benefit from the tolerance or complicity of our Orgarnzation. We therefore do not accept the report of the Credentials Committee in its present form and have sponsored an amendment. 172. In conclC::3ion: the Republic of Seychelles is a non-aligned country. Our policy in foreign affairs is above bloc interests. We strongly take issue with those who today accuse our country of being a communist one and in the USSR camp. I politely and respectfully suggest that representatives deal in facts and not manufacture falsehoods to substantiate their claims.

Let me flfst extend to the Permanent Repre- sentative of Algeria my delegation's deepest condo- lences on the terrible catastrci-'he which has aftlicted his country in El Asnam. We share the grief and suffering of our Algerian brothers and would request their delegation to convey our feelings of sorrow and 179. How~ver that may be, my delegation cannot become an accomplice in similar infringements of the rights of independent sovereign States. 180. Nor can we confuse the purely technical pro- cedure-we would even say bureaucratic procedure- followed by the Credentials Committ~e with the sub- stantive problem, which that procedure ignores: the fact that the credentials of the delegation of Pol Pot were not sent by a Government in power and do not apply to any State; nor Cll,n its spokesmen claim author- ity over even a millimetre of Kampuchean territory. In any case, the Committee could have verified the fa,_ =that the blood of the Kampuchean people spilled by PolPot bad obviously stained the bits of paper which are presented to us as the credentials of a Member State. 18t. My delegation could not, without betraying its principles, accept as representatives of the People's Republic of Kampuchea the implacable butchers of the Kampuchean people: first, because it recognizes the only legitimate Government of that country, headed by Comrade Heng Samrin, and, 'secondly, because it has never joined and will newr join those whohave always been sworn enemies ofthe revolution in Indo-China. The imperialists, who waged awar of destruction unprecedented in its dimensions in the countries ofIndo-Chinaand encouraged the systematic destruction of all forms of life in that area, are today 1%. The content of the report of the Credentials Committee [A/35/484] makes the sound basis of our conclusion sufficiently clear. Of the nine members of the Committee only three, not counting the Pol Pot protector from China, favoured recognition of the credentials of the Pol Pot faction, and two of those condemr.;d the terrorism of the Pol Pot-Ieng Sary clique against the peopie of Kampuchea. However, the representatives of the Chinese hegemonists did not find it possible to condemn that, and they claim to be able to teach lessons about aggression against other States. We heard some things said in the Cre- dentials Committee, and repeated by individual delega- tions even in the plenary Assembly, which sounded blasphemous. These were so-called "arguments" in favour of the recognition of those fictitious creden- tials. These delegations, apparently dazzled by the indecipherable sigmlture and the invalid seal, began to ·talk about the technical aspect of the so-called "cor- rectness" of these documents. Others have made reference to what happened before, as if the com- mission of a flagrant error in the past provides grounds which justify its repetition. However paradoxical it may be, none of those speakers mentioned tile fact that the delegation of the non-existent so-called "De- mocratic Kampuchea" is headed by a criminal, con- demned to death by the People's Revolutionary Tribunal of Kamp1Jchea and subject to extradition to Kampuchea for having committed the crime of geno- cide, in accordance with the Convention on the Pre- vention and Punishment of the Crime nf Genocide [resolution 260 A (Ill), annex]. 193. Kampuchea can be represented in the United Nations only .by the sole legitimate representative of its people, the People's Revolutionary Council of the People's Republic of Kampuchea. 194. The Government of the People's Republic of Kampuchea, on the basis of the over-all support of the people and taking into account its vitai needs, is taking energetic anl;l effective steps at the present time throughout the country to restore economic and social 195. We fail to understand why the Credentials Committee, whose task it is to consider, efficiently and in strict compliance with the provisions of the United Nations Charter and other international legal documents, the juridical validity of the credentials presented to it, in this case, because ofthe tendentious position of certain of its members, did not discharge the functions entrusted to it and made an absurd recommendation which is contrary to existing realities, and we regret this. 197. The delegation ofthe Byelorussian SSR believes that it is the duty of the Assembly to take into account the preservation of the authority ofthe United Nations and to reject the recommendation of the Credentials Committee on the representation of Kampuchea at the thirty-fJtlh session. The Assembly has at its disposal for that purpose a sufficient number of clear and irrefutable facts, which have been mentioned already by the spokesmen of many delegations. 198. We cannot accept as normal reference in official United Nations documents to the name ofa State which almost two years ago now ceased to exist, in accord- ance with the will ofthe Kampuchean people. Anotller totally inadmissible situation is the practically unlim- ited use, by the criminals who represent no one, of the fonner title of the State for the dissemination, through United Nations channels and at the Organiza~ tion's expense, of Hes, slander and billingsgate against sovereign States and also of cynical talk about the ~®.: This is precisely because the root cause of the present difficulties in that country, which the resolu- tion was designed to resolve, still exists. Democratic Kampuchea is still illegally occupied by foreign troops; its people are still unable fully to express their will. 207. We maintain that, unless the people of Kampu- chea are enabled, by some international agreement freely to express their will and their desires on the matter of whether to maintain the governance of Democratic Kampuchea or to change it-we have no legal or moral right to change that people's representa- tion in the United Nations. We all know that delega- tions come and go; with every change we presume an internal event in the expression of a people's will. Change caused by external aggression is anathema to all of us, for it not only would be against the princi- ples of the Charter of the United Nations but would set back the clock to the dreadful days of imperialism and colonialism. 208. A moral argument has been put forward by the proponents of the change with respect to Demccratic Kampucnea. Let us just for the moment admit the gravity of this accusation, that the regime of Pol Pot is guilty of the most heinous crimes against its own people. 209. Notwithstanding that, in the 35 years of the history of the United Nations, never have the cre- dentials of a Member State been nullified because its Government was found guilty ofviolations ofhuman rights. Were that argument to stand, how many delega- tions would be here today to uphold that lofty princi- ple? Is there any provision in the Charter of the United Nations that would link membership in this body with the performance of a Government in rela- tion to its people? 210, Perhap~, it might be said, this is a defect in the Charter which needs correction at some future date. The Philippine delegation has, in fact, been advocating some changes in the Charter, but at the moment I do not see anyone rushing forward to amend the Charter in this connexion. Until it is amended, I do not see how we can expel a delegation on the ground that the Government it represents is not very good to its people. 211. Nevertheless, there is indeed a moral issue at stake here, one that is defmitively spelt out in the Charter. It is the issue of morality in relations among States. The principal issue here is aggression, aggres- sion against a State and a people by another State. It is an issue on which the United Nations has declared itself fully competent to pass judgement and to take decisions so as to resolve il. We are here concerned with a basic principle .of international morality and international Illw, that of non-intelference and non- intervention in the affairs of a State by another State and respe&t for its sovereignty and territorial integrity. It is the open violation of this principle in the case of Democ11ltic Kampuchea that caused the passage of 220. If we were to give credence to that argument, if we were to concede that a country is justified in intruding into another and unseating its Government by claiming that it was called in to do so by the people of that country, then no country, no regime repre- sented in this Assembly, is safe. 221. Another argument used here was that the inva- sion of Kampuchea was necessary in order to save South-East Asia from the so-called Chinese threat. That is equally tendentious. As an observer from a Member State of ASEAN puts it: "The way the Viet- namese are going about saving South-East Asia from the Chinese threat justifiably alarms us". When, in June 1980, the Vietnamese forces entered Thailand and wreaked death and destruction within that country, that same observer commented: "The Vietnamese are intent on fighting the Chinese threat anywhere except on Chinese soil". 222. Let us recall that it was Viet Nam itself that most vigorol1sly objected, at the time of the VietNam war, against the argument that that war was being fought to save South-East Asia from a Chinese and a Soviet threat, charging that it was ~erely a cover for an imperialist design. During that war Viet Nam maintained strong fraternal ties with China, receiving much aid from it and expressing et~rnal gratitude for that aid. Today what does Viet Nam say? "A billion Chinese will be onour cloorst~p for eternity." The Minister for Foreign Affairs of Viet Nam, on 30 May 1980, linked the presence of Vietnamese troops in 223. As for the argument that I heard here today, tt.at we; the countries concerned, the countries of ASEAN and ofAsia, wish to foist the genocidal regime of Pol Pot once again on the Kampuchean people, let us be clearas to the historical record.' It is supremely ironic to say that we wished the Pol Pot regime on the Kampuchean people. That is simply absurd. Those who now make the ch~;ge are also those who accused us of aggression when we were trying to assist in saving regimes in Indo-Chinafrom beingoverwhelmed, as indeed they were, by the new tide .of imperialism that in reality now threatens us anew. 224. Let us be clear: we had no desire to foist Pol Pot on the Kampuchean people; nor do we have any desire today to foist Pol Pot on the Kampuchean people. But that, to us, is irrelevant and peripheral to the issue at hand. It is the desires of the Kampu- chean people that are paramount for us and for the entire international community. Should the Kampu- chean people, acting freely and without external constraints, choose Pol Pot, Heng Samrin or any other leader, then we shall abide by that decision and assist that Government and throu~h it the Kampuchean people to rebuild their lives and their country. 225. Let us be very clear on this question. We have no desire to perpetuate for even one day the travails and the gradual extermination of the Kampuchean people by holding out on the issue of which is the legitimate Governm~nt of ,hat people. If there should be .the slightest possibility of resolving that issue to the satisfaction of the Kampuchean people, we, the countries of ASEAN, and those who feel as strongly about the matter as we do would assist in the effort to reach a solution to the fullest possible extent. As to the humanitarian aspects, which continue to loom large, surely there are many ways to approach that problem. The international community, indeed, has not spared any effort to address it even before a political answer is found, because people continue to sta,.rve.and to get killed. But we are convinced that the humanitarian problem will recur and defy solution for as 1.1;ng as the political solution offered by the United Nations continues to meet with defiance and hostility on the part of the parties most closely concerned. As I). bost country to refugees from that tragic reg.on, we are sceptical about the political "solution" offered in place of the United Nations resolution and the pros- pects in store for the Kampuchean people under that solution. 226. Above all, we are not prepared to sacrifice the principi~s of non-intervention and respect for the sovereignty, independence and territorial integrity of nations in favour of a dubious and pious reference to the human rights of the Kampuchean people. For if we do so now, who knows b~t that we· may set in train a fatal sequence of events that will see us some day, the small and weak nations of the world, not even having the right to exist except under conditions ofbondage and servility. To abandon this struggle now would be a shame and a betrayal of those who, in joining the United Nations, look to this body to live m~sery and subjugation, there are upwards of 200,000 alien troops among them. We see before us a flagrant violation of human rights and of the Charter of the United Nations, a defiance of its decision arrived at I~st year to uphold that Charter and to rescue the Kampuchean people from their depths of despair. In the name of decency, in the name ofcivilization itself, let us all stand fast in our resolve not to allow the tragedy of the Kampuchean people to deepen. Let us defend in these halls the right of that people to live and die in peace, freedom and dignity. 228. In the last analysis, the real issue is the Charter. of the United Nations. There is no other issue. A technical point has, when we examine it more dearly, turned into a premeditated assault on the principles of the Charter and, therefore, on the very foundation of the world Organization. The struggle is between naked physical force and the Charter-our Charter; between tanks, planes, devilish weapons of exter- mination of peoples by slow starvation and tl!~ prin- ciples which give life and infuse vitality into the United Nations. 229. I submit that in defending the right of Demo- cratic Kampuchea to its seat in this world Organiza- tion, we seek to defend the United Nations from those whose cynical acts point in only one direction: t:; the destruction of the Charter. 230. The PRESIDENT: We have heard the last speaker in the debate. Statements will now be limited to explanations of vote. May I remind Members that in accordance with decision 34/401, explanations of vote should be limited to 10 minutes and should be made by delegations from their seats. 231. Mr. ANDERSON (Australia): Before making an explanation of vote b~fore the vote, I should like to express the deep sympdhy and condolences of the Government and people of Australia with the Govern- ment and people of Algeria and with the b~reaved families in the recfmt natural disastLr 'at El Asnam. 232. The principal function of the Credentials Com- mittee is to consider whether the credentials of repre- sentatives have been submitted in proper form and signed appropriately in accordance with the provisions of rule 27 of the rules of procedure of the General Assembly. 233. The task ofthe Credentials Committee is, ~here­ fore, a strictly procedural one. In these circumstances, it would have been neither proper nor appropriate for the Committee to have take!') ,lccount of political considerations in preparing its r\;..t'ort. No evidence-I repeat, no evidence-has been brought forward to suggest that the credentials submitted by Democratic Kampuchea are other than in due and proper form. My delegation therefore considers. that, consistently with established United Nations procedures, the cre- dentials of Democratic Kampuchea must be accept~d in accordance with the report of th~ Credentials Committee.

The GeI7~ ral Assembly will now take a decision on the draft resolution recom- Ir.ended by the Credentials Committee in paragraph 18 of its report [A/35/484]. 273. Thirdly, at the same time, the delegation of Ecuador cannot agree with any actions aimed at legalizing situations brought about by the presence, in the national territory of a State, of invading foreign troops as a substitute for the sovereign expression of the will of the people. Only after the foreign occupa- tion troops withdraw and the citizens of that country are permitted to decide their own destiny in free and fully democratic elections under United Nations super- vision should the international community proceed to give its recognition to decisions thus clearly and openly adopted by that same people. 274. Sir Anthony PARSONS (United Kingdom): The fact that my delegation voted against amendment A/35/L.5 and Add.l does not imply that my Govern- ment supports the authorities issuing the credentials in question or deals with them as a Government. My Government's general views on the substance of the situation in Cambodia will be expressed during the debate on the appropriate agenda item. At this stage I would simply make it clear that, in casting our vote today for wider reasons, we have no intention of contributing to the re-establishment of the authority of the Pol Pot regime, nor do we see any grounds for expecting this to happen. 275. Mr. ALGARD (Norway): My delegation ab- ~!!!~!:9m voting on the amendment concerning Franc~'s position has remained unchanged since last year, nor could it have changed. 290. Mr. BEDJAOUl (Algeria) (interpretation from French): i should like once again to extend the heart- felt gratitude of the Algerian delegation to all those delegations which throughout the day have expressed their sympathy to my country for the disaster it has just suffered. 291. In voting for the proposed amendment, Algeria wished, above all, to show that it is bound by the decision adopted on this subject by the Sixth Con- ference of Heads of State or Government of Non- Aligned Countries, held at Havana in 1979.3 Indeed, in the absence ofall the facts, that Conference avoided taking a hasty decision that might have jeopardized the principles and ideals of non-alignment; hence it declared itself in favour of the seat being unfilled. It is in accordance with that decision that my delegation today voted in favour of the amendment proposed by the Lao delegation calling upon our Assembly to reconsider paragraph 18 ofthe report ofthe Credentials Committee relat;ng to the representation of the Kam- puchean delegation. 292. Mr. PASTINEN (Finland): The Finnish delega- tionjoins in the condolences extended to the delegation ofAlgeria on the tragedy which has befallen the people of Algeria. 293. When the General Assembly considered, last year, the question of the credentials of the delegation of Kampuchea, the Finnish delegation consistently abstained in all votes regarding that question. The e;~venth special session-as well as the assemblies of other international organizations, have successively confirmed those credentials and the legitimate rights of Democratic Kampuchea. That has been true despite the unremitting, cynical and perfidious manreuvres ofthe Hanoi authorities which, failing to have the Viet- namese administration in Phnom Penh accepted, seek to deprive Democratic Kampuchea of its legitimate rights in those organizations through the so-called vacant seat formula. 296. This year again, ourGeneral Assembly has taken up the challenge of the Hanoi authorities by an over- whelming majority which has again summoned them to respect the sacred principles of the Charter and the legitimate rights of Democratic Kampuchea as a Member of our Organization. 297. The preliminary count of the voting a moment ago indicates that there is even more massive sup- port than there was last year for the legitimate rights of Democratic Kampuchea, the victim of aggression. That clearly shows that a growing number of States Members ofour Organization understand mOle clearly with each passing day the substance ofthe Vietnamese manreuvre and the profound causes of Kampuchea's problems. 298. That is a great victmy for those peoples of the world who love peace 8Lnd justice and for the United Nations itselfover the forces ofaggression, expansion and diktat. Thus, our Organization, despite its vicissi- tudes, has once again shown that it is courageous and clear-sighted. And this does it honour. 299. The delegation of Democratic Kampuchea wishes to express its profound gratitude to all the peoples and countries who love peace and justice and to our Assembly for that act of justice: justice because it opposed aggression, the violation of the principles of the Charter and of those governing inter- national relations; justice because it supported the legitimate rights in the United Nations of the victim ofaggression, confirmed the legitimacy of the struggle waged at present by the people and Government of