A/36/PV.92 General Assembly
27. Question of the Comorian Island of Mayotte: report of the Secretary-General
In connection with agenda item 27, a draft resolution has been submitted in document A136/L.54 and Add.l.
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Once again the General Assembly has to consider the dossier on Mayotte. At previous sessions, I described to members the circumstances which led to this distressing problem and regularly informed them of the latest developments in the matter. Today, again, I should like to pa~nt as clear a picture as possible of the situation and thereby inform the Assembly of the actions which the Government of the Islamic Federal Republic of the Comoros continues to carry out in order to hasten and facilitate the settlement of this problem in accordance with the relevant resolutions adopted by the Organization on the matter.
3. Last year when we were debating this problem, I felt bound to affirm, without ambiguity. my Government's position on this specific point. Mayotte is a Comorian land and nothing can shake the wHl of the Comorian people to fight for the resi:oration of the sovereignty of the Islamic Federal Republic of Comoros oveZ' this island. I should like solemnly to restate that position again today.
4. That point of view of the Comorian Government is known to all and it is in no way arbitrary. It is based on legitimacy, on law and justice. Indeed, the former administering Power, France, from the time when it decided to place that territory under its protectorate in 1889, has at 11 times administered the Comorian archipelago with respect for its geographical, social, cultural and political unity. Whenever the French lawmakers or regulating authorities intervened, they did so by considering that the Comoro Archipelago constituted a single entity, made up of four islands: Anjouan, Grande-Comore, Mayotte and Mohcm.
5. By acting in that way, France simply respected the homogeneity of a population which shared the same language, the same culture· and practised the same religion, Islam, which had been established in the Comoros since the coming of the prophet Mohammed. In this connection, a French law dated 9 May 1946 clearly stipulated that the religion of Islam gave to the four islands of the Comoros the necessary unity, just as the local dialect united all the inhabitants of those islands. Since that time, ail the laws and regulations adopted by the French Government regarding the evolution of the administrative and political status of the archipelago of the Comoros have confirmed its unity. It is Oli that basis that the international community has constantly consid- ered that the four islands of the Cornors constitute a sin- gle territorial entity, placed under th~ administration of France.
7. In the same spirit a law was adopted on 23 November 1974 by the French Parliament which set 22 December 1974 as the date for the organization in the Comoros of a popular poll on the accession of the archipelago to independence. The June 1973 agreements clearly stipulated that the results of that referendum would be conG~Jered on an overall basis and not island by island.
8. It was therefore in ~ confident and serene spirit that the population of the Co.noros went to the polls on 22 December 1974. Members know the results: as whh a single voice the Comorians, by almost 95 per cent, chose independence. It only remained for the French Parliament to endorse those results and thus comply with the clearly expressed will of the Comorian people to accede to international sovereignty. Instead of that, on 3 July 1975, Parliament adopted a new law to organize another poll in the Comoros, but this time the results would be counted island by island.
9. Given this unexp\~cted turnabout on the part of the then French Government, the President of the Governing Council of the Comoros at the time, Mr. Ahmed Abdallah Abderemane, who had received a mandate to negotiate independence with France, considered that the law of 3 July 1975 was inadmissible and inapplicable because it ran counter to the commitments previously entered into by France.
10. Then the Chamber of Deputies of the Comoros, meeting in extraordinary session and on the basis of the results of the self-determination referendum of 22 December 1974, unilaterally proclaimed the independence of the Comoros on 6 July 1975. At the same time the Chamber decided to entrust the destiny of the young State to the former President of the Governing Council. Mr. Ahmed Abdallah Abderemane thus became the first Presi- dent of the Republic of the Comoros and the father of independence.
It. The Government of the Republic of France could at that time have opposed the unilateral proclamation of independence by the local Comorian authorities. When the young State of the Comoros was admitted to the United Nations with its colonial boundaries, France could equally have objected then by exercising its right of veto. France did not do so, no doubt considering that to do so would b(, to run counter to the unanimously expressed, will of the Comorian people and its elected representa- tives to emerge from French administration.
12. Nevertheless, while the French Government renounced its sovereignty over the islands of Grande- Comore, Moheli and Anjouan, it continued ~o maintain it over the island of Mayotte. Thus, for the first time since the French protectorate was established in 1889, one of the islands on the territory of the Comora Archipelago was abruptly severed from it.
14. It was in this climate that referendums specific to Mayotte were organized there in February and March 1976. These were, as members know, energetically denounced by the Assembly.
15. The tension and confusion which characterized the three years subsequent to the coup d'etat of 3 August 1975', both from the point of view of internal relations as well as the level of foreign relations, resulted in the increased separation and isolation of Mayotte from its sister islands. Given this situation, the new Comorian leaders, following the changes which had occurred at Moroni in May 1978, believed it necessary, in their legitimate claim over Mayotte, to adopt a realistic but firm attitude likely to cause the matter to evolve along the lines everyone wished. To do so, and on the basis of the recommendations of the Organization of African Unity [OAU] and the United Nations, the Comorian authorities chose di.alogue with France.
16. Convinced that the settlement of the question of Mayotte could be accomplished only by a totally unrestricted resumption of all human, economic, social, cultural and political relations which had prevailed among the Comoriar. islands before independence, the President of the Islamic Federal Republic of the Comoros, Mr. Ahmed Abdallah Abderemane,' requested his French counterpart to review the Mayotte dossier.
17. At the request of the two heads of State, talks were initiated at the ministerial level between the two parties in December 1979. These talks led to specific results. The free movement of persons and goods between Mayotte and the other islands was thus restored. Today, inter-island traffic takes place among the four Comorian islands.
18. We are aware that these measures constitute only a prelude to the settlement of the problem. Although modest, they have nevertheless contributed to lessening tension on the islands and given an opportunity to thousands of families to resume contacts which had been interrupted for many long years. We cannot therefore fail to consider them as encouraging.
19. After the changes which had occurred in France, the Government of the Comoros made contact without delay with the new authorities, first to ascertain their position on the problem of Mayotte and later to indicate its intention to continue to seek a solution by way of dialogue and agreement.
20. On the occasion of an official visit to Paris from 4 to 15 October last, President Ahmed Abdallah Abderemane obtained assurances from President Fran~ois Mitterrand regarding the wish of the French Government to put an end to this Franco-Comorian dispute quickly.
22. Similarly, we appreciate the wish of the French
Gove~ment to base its African policy on the will of the Africans themselves. Concrete measures which reflect this policy have already been adopted in the case of certain problems of concern to Africa, particularly in regard to Cha.d and to the problem of Namibia.
23. As for the Comoros, however, everything is going on as if there was a desire to minimize the problem of Mayotte or as though th(~'quest for a solution to this problem were not urgent, or at least less urgent than other African questions. True, certain difficulties have to be overcome. But we do not believe that it is wise to wait any longer for a final settlement of the problem.
24. Since President Mitterrand has reaffinned unambiguously that his position on Mayotte remains unchanged, we believe that things could proceed more rapidly now and that the necessary measures should be taken without delay by the French Government to transmute this determination into action. This should be all the easier since, when the problem came about, the Socialist Party was the defender of the Comoros and of the maintenance of its unity.
25. It will be recalled that when the French Parliament adoptee! the 10; scelerate of 3 July 1975, calling into question the results of the self-determination referendum and aiming to balkanize the Comoro Archipelago, the French socialist deputies appealed to the Constitutional Council in a letter dated 13 December 1975, in which they stated, inter alia, that by staying in Mayotte by force and starting a specific consultation procedure for Mayotte the French Government had carried out actions that were contrary to its own Constitution.
26. Given the new balance of power with the French Parliament, and since the claims of the Comorian people are so well founded, the H-ench Government could now take the necessary initiatives to correct the injustice committed in the case of the Comoros, as it has, furthermore, in other cases.
27. As the Assembly will have noted, the question of Mayotte is no longer just a Comorian questio.n. Africa and the entire international community, which regularly debates the question, unanimously recognize that Mayotte has been arbitrarily separated from the other Comorian islands 1nd must therefore be reintegrated into the Comorian whole.
28. That conviction is at the root of many of the resolutions adopted on the question by the United Nations, the OAU, the Organization of the Islamic Conference and the non-aligned countries. All those resolutions reaffinn the sovereignty of the Islamic Federal Republic of the Comoros and the need to respect the
S~erra Le-me, at its thirty-fifth regular session. During t:.at meeting a certain number of recommendations and actions were examined with a view to the rapid settlement of the question. The Ad Hoc Committee of Seven, in particular, invited the Government of France to resume and actively pursue negotiations with the Government of the Islamic Federal Republic of the Comoros )Vith a view to the earliest possible return of Mayotte to the Comoro Archipelago [see A/36/671].
29. While awaltmg the implementatiol1 of those, measures, we believe that the international community in general and the General Assembly in particular should intensify and individually and collectively redouble negotiations with the Government of France so that justice may finally be done the Comorian people.
30. The Cc"noros is a small country: its means are less than modes'., and it needs all its vital energies to meet the challenge of development. For its part, the Government of the Islamic Federal Republic of the Comoros has never concealed its desire to maintain its privileged and fruitful co-operation with France. Likewise it has expressed its desire to continue to seek by way of dialogue with France a solution to the problem of Mayotte. But the good will of the Government of the Comoros should not 'be misin- terpreted, and it should not be rewarded with endless postponements.
31. If the Government of France does not speedily take the necessary measures to find a solution to the problem of Mayotte, this will not only jeopardize the future of the Comoros but also contribute to aggravating further the tension now prevailing in the Indian Ocean area.
32. It is therefore in the interest of all of us to neglect no element that can reduce this tension and thus prevent the zone from becoming a sphere of pennanent destabilization, which would endanger the very survival of the coastal States. Thus, faithful to its traditions, and together with the international community, France would contribute to the establishment of peace in this part of the world.
33. That is the situation that exists today. I hope that the information I have just given the Assembly will contribute to the clarity of our debate.
34. My delegation is co-sponsoting a draft resolution on this question [A/36/L.54 and Add.I]. It is based on the relevant resolutions previously adopted by the Organiza- tion on this question. We hope that the Assembly will be able to adopt it.
The question of the Comoros which is before us today is a familiar one to the Members of the Organization; it relates essentially and exclusively to respect for the ter- ritorial integrity of that country.
36. The problem has a dual aspect: on the one hand, the calling int~ question of the territorial integrity of the Islamic Federal Republic of the Comoros, which has been deprived of one of its constituent parts, and, on the other, the determination of the people of the Comoros to recover
37. On 22 December 1974 the population of the Comoros, which had been asked to express its view as to its future in a referendum, declared its unequivocal desire for independence. The referendum was organized in conformity with an agreement concluded between the Comoros and the administering Power, which, in a Joint Declaratior: on the Accession to Independence of the Comoro Archipelago, reaffirmed the political unity and territorial integrity of the Comoros and decided that the referendum on the future of the Comorian people would cover the archipelago as a whole.
38. The participation in the vote was massive; nearly 95 per cent of the voters answered "yes" to independence. The clearly and precisely expressed will of the Comorians to be independent was recognized by the administering Power, which thereupon agreed to submit the results of the vote to its Parliament for ratification.
39. Unfortunately that solemn commitment was not immediately fulfilled, and the ratification procedures that were undertaken subsequently were quite different from those laid down in the Joint Declaration on the Accession to Independence of the Comoro Archipelago. They were no longer applied, as had bet~n agreed, to the results of the referendum on self-determination considered as a whole and on a global basis, but rather endorsed the
resu~ts of a new constitutional referendum which was organized island by island, and this encouraged and favoured Mayotte separatism and enabled it to be detached from the Comorian whole. But neither the Federal Islamic Republic of the Comoros nor the international community has accepted the secession of the island of Mayotte. That is why the General Assembly, in its resolution 3385 (XXX) of 12 November 1975 on the admission of the C{y,noros to the United Nations, reaffirmed the necessity ot respecting the unity and territorial integrity of the Comorian Archipelago, consisting of the islands of Anjouan, Gi"ailde-Comore, Mayotte and Moheli.
40. It should be noted that some months prior to this, the OAU had admitted the Republic of the Comoros to membership as its twenty-fifth session, that is to say, under the same conditions, namely, that it should be made up of the four islands I have mentioned. At the same session, the Council of Ministers of the OAU decided to take up the question of the Comorian island of Mayotte. At its twenty-seventh session, in a desire to calm things down and in order to help the Republic of the Comoros in its efforts by peaceful means to achieve a rapid, just and satisfactory settlement of the problem of Mayotte, the OAU decided to create an Ad Hoc Committee of Seven on the Comorian island of Mayotte. The seven members of the Committee are: Algeria, United Republic of Cameroon, Gabon, Madagascar, Mozambique, Senegal, and the Republic of the Comoros itself, with the Republic of Gabon exercising chair- manship of the Committee.
f ing last month's meeting by the Ad Hoc Committee of Seven.
41. Since its creation, the Ad Hoc Committee of Seven has undertaken unceasing efforts and innumerable mediation activities between the two parties to the dispute, both collectively and through the intermediary of one or more of its members. In this respect, my
42. As representative of the country which holds the chairmanship of the Ad Hoc Committee, it seems to me to be opportune and useful to inform you briefly of the results of that meeting. The Committee undertook an exhaustive examination of the question and called for several steps to be taken, which are the object of a declaration and a recommendation ad.opted on that occasion [see A/36/671]. The declaration affirms the principle of respect for the unity and territorial integrity of the Islamic Federal Republic of the Comoros, and in its paragraph 2 invites the two parties to continue negotiations "with a view to returning the island of Mayotte to the Comoros as soon as possible" [ibid., para. 8].
43. As to the recommendation, it notes "the readiness of the French Government to pursue the dialogue on the question of the Comorian island of Mayotte with a view to returning the island of Mayotte to the Comoros as soon as possible in accordance with the principles of unity, territorial integrity and sanctity of frontiers inherited from colonial times, as laid down in the Charter of the Organization of African Unity", and ··that the Island of Mayotte belongs to the Islamic Federal Republic of the Comoros" [ibid., para. 7].
44. The other provisions of the recommendation call for a certain number of actions and steps with the aim of establishing the necessary contacts to promote dialogue and negotiations. In particular, .it recommends that a mission of the Ad Hoc Committee of Seven and the Secretary-General of the OAU ..contact the French authorities as soon as possible with a view to considering the practical measures for returning the Comorian Island of Mayotte to the bosom ~of the Islamic Federal Republic of the Comoros and, if possible, to set a deadline for such return", and requests "the Ambassadors of the seven States members of the Committee residing in Paris to fol- low developments in that situation closely and to under- take joint representations vis-a.-vis the competent French authorities whenever necessary" [ibid.].
45. Finally, it recommends "that this item remain on the agenda of the meetings of the Organization of African Unity, the United Nations, the non-aligned countries, the League of Arab States and the Organization of the Islamic Conference until Mayotte is, indeed, returned to the Com- oros" [ibid.]. Those are the essential decisions taken dur-
46. The members of the Ad Hoc Committee, the members of the OAU, the Members of the United Nations and the whole international community have no doubt that the good will, mutual understanding and sincere desire to achieve a settlement of the parties concerned will enable us very soon, by negotiation and peaceful means, to arrive at a just and satisfactory solution of the problem of the Comorian island of Mayotte.
48. For all those reasons, my country, Senegal, which has the advantage and the privilege of maintaining exem- plary relations with both France and the Islamic Federal Republic of the Comeros, has always advocated dialogue between the parties concerned. Furthermore, we have the honour of being a member of the OAU Ad Hoc Committee of Seven. The" meeting that it held a few weeks ago at Moroni was more than encouraging, judging by the results. It is fitting to welcome the spirit of open- mindedness and understanding shown by the French and Comorian sides.
49. The strengthening of co-operation in all fields be- tween France and the Comeros is striking proof of the desire of both parties to overcome the technical difficul- ties they now face, and the statement just made in the Assembly by the Foreign Minister of the Comeros gives further encouragement. We can only be pleased that there is a spirit of understanding among the four islands. All these positive elements make us confident and optimistic that a solution will be found in conformity with the inter- ests of the two parties.
50. The Organization, one of whose tasks is to promote peace and mutual understanding among peoples and na- tions, should do more to contribute to the process started by France and the Comeros with a view to finding a de- finitive solution to this problem. Accordingly, in the opin- ion of my delegation, the adoption and implementation of draft resolution N36/L.54 and Add. I are likely to strengthen the historic relations, which have always been friendly and sincere, between France and the Comeros.
I speak on behalf of the Moroccan delegation on the question of the Comorian island of Mayotte with great op- timism and confidence in the future of the brother people of the Comeros and with finn faith in the wisdom of France.
58. It is a matter of deep regret to my delegation that this problem has persisted to date. The negotiation pro- cess, which the Assembly has done everything to encour- age, still does not hold out the prospect of an early settle- ment. However, we cannot and must not give up, for what is at stake is the sovereignty and territorial integrity of the Comeros, a Member of both the United Nations and the OAU. The dismemberment of the Comeros, if tolerated by the Assembly, would constitute" a dangerous precedent, with grave implications for many small and weak countries.
52. Since this question was first included in the agenda of the Assembly, at the thirty-first session, Morocco has continued to give its support to the legitimate aspirations of the Government of the Comeros. The attitude of my country in this regard reflects the expression of African and Islamic solidarity with the brother people of the Comeros and also our concern to defend the principle that the territorial integrity of States must be safeguarded.
53. The Assembly, by virtue of resolutions 3291 (XXIX) and 3385 (XXX), affirmed the unity and ter- ritorial integrity of the Comoros and emphasized that that archipelago was made up of the islands, of Mayotte, An- jouan, Moheli and Grande-Ccmore. On this basis, we be-
54. That is how the island of Mayotte became separated from the Comeros as a whole. In our opinion, that is an unfortunate interpretation of the implementation of the act of self-determination of the Comorians, because it en- dangers the territorial integrity that has always charac- terized their country. The fragmentation of the Comoros is not in conformity with the spirit and the letter of reso- lution 1514 (XIV), paragraph 6 of which emphasizes that ••any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations".
55. What that means is that the brother State of the Comeros has the right to request the restoration of its na- tional unity and territorial integrity.
56. Certain information indicates that at the present time there is a dialogue going on between the Governments of the Comeros and France. My delegation welcomes such negotiations with satisfaction and with great interest and encourages them. We wish to express the hope that they will contribute to ironing out the difficulties now being experienced in Franco-Comorian relations. France can only increase its standing in the eyes of Africa and of the people of the Comeros if it responds positively to the le- gitimate claims of a State with which it is bound by des- . tiny to co-operate in friendship and reciprocal esteem be- cause of their common history.
The question of the Co- morian island of Mayotte has been on the agenda of the General Assembly for quite some time now. The Assem- bly has repeatedly encouraged negotiations between the Governments of France and the Comeros and the finding of a just solution in conformity with the relevant resolu- tions of the United Nations. The OAU, for its part, has undertaken concrete initiatives with a view to accelerating a successful solution of the problem of Mayotte.
59. The present Government of France has displayed a positive attitude and good will towards Africa. My delega- tiol) hopes that' this positive attitude and good will will be reflected, inter alia, in the negotiations with the Govern- ment of the Comeros over the question of Mayotte. We therefore urge that negotiations be pursued with renewed commitment and dedication, which, it is to be hoped, will result in an early, honourable and just settlement.
61. The island of Mayotte is an integral part of the Comoro Archipelago. General Assembly resolution 3385 (XXX), of 12 November 1975, by which the Comoros were admitted to membership in the United Nations, re- affirmed the necessity of respecting the unity and ter- ritorial integrity of the Comoro Archipelago, including the island of Mayotte.
62. What is at issue is defence of a principle upheld by the OAU, by the Organization of the Islamic Conference, by the non-aligned movement and by various United Na- tions resolutions.
63. My delegation expresses its support for the draft resolution before us and hopes that the question will be solved as quickly as possible in accordance with the provisions of that text so that Mayotte may be re-incorpo- rated into the Islamic Federal Republic of the Comoros.
I call on the representative of Singapore, who will speak on behalf of the five countries members of the Association of South-East Asian Nations.
I have the honour to speak on behalf of the five countries of the Association of South-East Asian Nations [ASEAN]-namely, Indonesia, Malaysia, Philippines, Thailand and Singapore.
66. The ASEAN countries are friends of both the Is- lamic Federal Republic of the Comoros and the French Re- public. We maintain the most friendly and co-operative relations with both of them. We therefore wish to make a brief statement on this item in order to avoid any possible misunderstanding of our position.
67. ASEAN would, first of all, like to thank the Secre- tary-General for the report which is before us [A/36/67i]. We should also like to thank the Foreign Minister of the Comoros for the·very useful information that he has pro- vided us to facilitate our deliberations this morning.
68. We have before us a draft resolution [A/36/L.54 and Add.i]. The five ASEAN members, with the overwhelm- ing majority of our colleagues from the third world-and from the non-aligned movement in particular will vote in favour of that draft resolution. Why are we doing so? We are doing so on the ground that a colonial Territory such as the Comoro Archipelago, which has been administered as one integral unit, should not be dismembered. Preced- ing speakers have correctly reminded us that in a free ref- erendum the people of the island of Mayotte voted to re- main with France and not to join the other three islands of the archipelago in independence. The question of prin- ciple before the Assembly is, therefore, whether the prin- I ciple of self-determination should apply only to the popu- lation of a colonial entity as a whole, or whether it should also apply to segments of it.
69. The conflict has sometimes been characterized as a confliCt between territorial integrity and self-determina- tion. In the view of most countries of the third world, including those of ASEAN, the principle of self-determi- nation should apply to the population of the colonial en- tity as a whole, and not to some parts of it. If that were
70. It is for that reaSon that the ASEAN members will support the draft resolution, and we hope that this expla- nation will be understood by our French colleagues.
71. In conclusion, we should like to make reference to the fact that in past years constructive talks have taken place between the Governments of France and the Com- oros. The ASEAN countries welcome those talks; we hope they will contribute to bringing about a peaceful set- tlement of this problem in accordance with the principles contained in the Charter.
The continued ap- pearance on the agenda of the sessions of the Assembly of the question of the Comorian island of Mayotte can only serve to remind us that the Islamic Federal Republic of the Comoros is not fully independent, because part of it is. still colonized. Nothing can hide this fact. No amount of explanation, legal or philosophical, can hide the fact that the island of Mayotte, an integral part of the Comoros, remains a French colony.
73. We are not interested in the sophistries of colonial referendums. Of great interest to us is the fact that May- otte is an integral part of the Comoros and should not have been SUbjected to a referendum as if it were an inde- pendent colonial Territory.
74. The unity and territorial integrity of any country are almost sacred. The, Comoros is no exception. But more than that, France, a country with which we enjoy such happy relations, against which we harbour no malice and for which we have nothing but the greatest respect, will continue to be viewed in a bad light, not only by the people of the Comoros but by' Africa' as' a whole, if we are forced to keep debating the question of the Comorian island of Mayotte in the Assembly.
75. It is not as if there were no way out for France: the reopening of negotiations between France and the Govern- ment of the Comoros can produce a solution to the prob- lem and pave the way for normalization of the situation in the Comoro Archipelago:'The spirit of Assembly resolu- tion 1514 (XV) should not, and will not, be allowed to die until every inch of the African continent is restored to its rightful owners.
76. Once again, therefore, we call upon the French Government to rid itself of the problem of Mayotte and allow the people of the Comoro Archipelago to complete their independence and restore the territorial unity and in- tegrity of their country. If France was able to decolonize all its vast colonies in Africa without losing much face, why should it at this most unholy hour seem to want to hang on to a mere island and run the risk of damaging its image in the African continent?
This year again the island of Mayotte is the sub- ject of an item on the agenda of the General Assembly. My delegation regrets that this question is again being considered in this forum. first." because consideration of this question is in violation of Article 2. pamgraph 7. of the Charter and. further. because we do not believe that this debate is likely to bring us closer to a just and la.~ting solution of the question of Mayotte. which all of us here desire.
Fran~Qis Mitterrand has indicated how much he values an equitable solution. In the last two months the heads of
Stat~ of France and the Comoros have met three times to discuss the question. At the Franco-African summit. which was held in Paris last month and in which Presi- dent Ahmed Abdallah Abderemane participated. President
Fran~ois Mitterrand d.eclared that "France is committed actively to seek a solution to the problem of Mayotte in the context of its national law and of international law".
79. We hope that the solution will be found as quickly as possible and that it. will take into account the geo- gJ;'aphical, ethnic and historical links between the islands
Which constitute the Comoro Archipelago. However, none can expect France rorun counter to a principle sacred. to it, that of self-determination. It is for the inhabitants of Mayotte freely to choose their destiny. It cannot be im- posed on them from outside.
80. The population of Mayotte did not, in 1974, pro- nounce itself in favour of integration into the Republic of the Comoros. France, naturally, took account of the will expressed by the people of Mayotte. Despite that choice, the Government of France has done nothing prejudicial to a rapprochement between Mayotte and the other islands of the archipelago.
81. Mayotte's status is a provisional one. The law adopted by the French Parliament on 24 December 1976 granted Mayotte a special status which does not close the door to any evolution. That status was confirmed by the law of 22 December 1979.
82.. Visas, which had been previously required to travel between Mayotte and the Republic of the Comoras were abolished last year, so that there is now freedom of move- ment between the islands of the archipelago. France en- courages the development of economic, commerical, human, cultural and other relations between Mayotte and the other Comorian islands. Within the framework of the ties of co-operation which we maintain with the Comoros, my country is prepared to give it all necessary support so that the archipelago may develop harmoniously. France relies on the Comorian authorities being willing on their part to adopt the necessary measures making it easier to strengthen their ties with Mayotte.
83. France must object to the draft resolution submitted to us today, but it hopes to continue a constructive dia- logue with the Republic of the Comoros and will doev- erything it can to arrive at a solution consistent with the wishes of the inhabitants of all the islands ofthe archipel- ago.
We shall now proceed to the vote on draft resolution A/36/L.54 and Add.l. A recorded vote has been requested.
A recorded vote was taken.
The draft resolution was adopted by J17 votes to I, with 20 abstell1ions (resolution 36/J05). J
I shall now call on those repre- sentatives who have asked to be allowed to explain their vote after the vote.
Australia abstained in the vote on the resolution just adopted. However, our ab- stention should not be interpreted as in any way compro- mising our long-standing view that colonial Territories should be brought to independence on the basis of unity and territorial integrity.
87. Mr. Amara ESSY (Ivory Coast) (interpretation from French): My delegation voted in favour of the reso- lution because it is convinced that all decolonization, in order to achieve its objective of contributing to peace and international relations, should end with the creation .of economically and politically viable States. Obviously, this implies an effort by the parties to overcome, through dia- logue and agreement, any temporary differences between them. The administering Power' must, in any case, help them in good faith. My delegation's vote can be inter- preted only as encouraging the negotiation process already under way in order to achieve the objective that we all want, namely, the elimination of any cloud hovering over Franco-Comorian relations. The Ivory Coast, faithful to its tradition, will do everything it can to hasten that out- come.
Organization of work
In order to determine how many plenary meetings will be required for agenda item 33, en-' titled "The situation in the Middle East", it is my inten- tion to close the list of speakers in the debate on that item at 5 p.m. today. If there is no objection, I shall take it that the Assembly agrees.
Draft Code of Offences against the Peace and Secu- rity of Mankind: report of the Secretary-General
REPORf OF THE SIXTH COMMITTEE (N361774)
125. Draft Body of Principles for the Protection of All Per- sons under Any Form of Detention or Imprisonment REPORf OF THE SIXTH COMMITTEE (N361784) 89. Mr. VINAL (Spain), Rapporteur of the Sixth Com- mittee (interpretation from Spanish): I have the honour to present to the General Assembly the reports of the Sixth Committee on agenda items III to 114, 118 to 121, 123 and 125.
Mr. Anderson (Australia), Vice-President, took the Chair.
The positions of delegations re- garding the various recommendations of the Sixth Com- mittee have been made clear in the Committee and are reflected in the relevant official records.
105. May I remind Members that under decision 34/401, the General Assembly agreed that when the same draft resolution is considered in a Main Committee and in plenary meeting, a delegation should, as far as possible, explain its vote only once, that is, either in the Commit- tee or in plenary meeting unless that delegation's vote in plenary meeting is different from its vote in the Commit- tee. May I also remind Members that, in accordance with the same decision, explanations of vote should not exceed 10 minutes and should be made by delegations from their seats.
106. May I now invite members to turn their attention to tire report of the Sixth Committee on agenda item III [A/36/774].
107. The General Assembly will now take a decision on the draft resolution entitled "Draft Code of Offences against the Peace and Security· of Mankind" recom- mended by the Sixth Committee in paragraph 9 of its re- port. A recorded vote has been requested.
A recorded vote was taken.
In favour: Afghanistan, Albania, Algeria, Angola, Ar- gentina, Austria,. Bahamas, Bahrain, Bangladesh, Bar- bados, Benin, Bhutan, Bolivia, Botswana, Brazil, Bul- garia, Burundi, Byelorussian Soviet Socialist Republic. Cape Verde, Central African Republic, Chad. Chile, China, Colombia, Comoros. Congo. Cuba. Cyprus. Czechoslovakia. Democratic Kampuchea. Democratic Yemen, Denmark. Djibouti. Dominican Republic. Ec- uador, Egypt, El Salvador, Ethiopia. Fiji, Finland. Gabon, Gambia, German Democratic Republic. Ghana, Greece. Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana. Haiti, Honduras. Hungary, Iceland, India, Indonesia. Iran, Iraq. Ivory Coast. Jamaica, Jordan. Kenya. Kuwait, Lao People's Democratic Republic. Lebanon, Lesotho. Liberia, Libyan Arab Jamahiriya. Madagascar. Malaysia, Maldives. Mali. Malta, Mauritania. Mauritius, Mexico. Mongolia. Morocco. Mozambique. Nepal. Nicaragua, Niger. Nigeria. Norway. Oman. Pakistan, Papua New Guinea. Paraguay. Peru. Philippines. Poland, Portugal, Qatar. Romania, Rwanda. Saint Lucia. Samoa. Sao Tome and Principe. Saudi Arabia. Senegal. Seychelles. Sierra Leone. Sipn"'oore. Somalia. Sri Lanka. Sudan. Suriname. Swaziland ~weden. Syrian Arab Republic. Thailand. Togo. Trinidad and Tobago. Tunisia. Uganda. Ukrainian
Against: None.
Abstaining: Australia, Belgium, Burma, Canada, France, Germany, Federal Republic of, Ireland, Israel, Italy, Japan, Luxembourg, Netherlands, New Zealand, Spain, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America.
The draft resolution was adopted by 129 votes to none, with 17 abstentions (resolution 36/106p·
We now turn to the report of the Sixth Committee on agenda item 112 [A/36/775].
109. The. Assembly will now take a decision on the draft resolut.ion entitled "Progressive development of the principles and norms of international law relating to the New International Economic Order" recommended by the Sjxth Committee in paragraph J3 of its report. The report of the Fifth Committee on the administrative and financial implications of that draft resolution appears in docume!1t A/361799. A recorded vote has been requested. I I I. The draft resolution entitled "United Nations Pro- gramme of Assistance in the Teaching, Study, Dissemina- tion and Wider Appreciation of International Law" rec- ommended by the Sixth Committee in paragraph 9 of its report was adopted by consensus in the Committee. May I take it that the General Assembly also so adopts it? I 12. The PRESIDENT: The Assembly will now con- sider the report of the Sixth Committee on agenda item 114 [A/36/777]. I 13. The Sixth Committee adopted by consensus' the draft resolution entitled "Measures to prevent interna- tional terrorism which endangers or takes innocent human lives or jeopardizes fundamental freedoms and study of the underlying causes of the forms of terrorism and acts of violence which lie in misery, frustration, grievance and despair and which cause some people to sacrifice human lives, including their own, in an attempt to effect radical changes", which appears in paragraph 8 of the report. May I consider that the General Assembly wishes to adopt the draft resolution? I14. The PRESIDENT: I call on the representative of Thailand who wishes to speak in explanation of vote after the vote. I 15. Mr. KASEMSRI (Thailand): My delegation joined in the consensus on the draft resolution in document A/361777 under item 114 of the agenda despite the fact that it did not participate in the adoption of that draft resolution in the Sixth Committee. I16. My delegation therefore wishes at this stagt: to state its understanding of the position with regard, in par- ticular, to the sixth preambular paragraph, which refers to the struggle of national liberation movements. I 17. It is my delegation's position that the contents of the draft resolution apply only to such national liberation movements as are recognized by the United Nations and the regional organizations.
A recorded vote was taken.
The draft resolution was adopted by 113 votes to none, with 32 abstentions (resolution 36/107).3
The draft resolution was adopted (resolution 36/108).
The draft resolution was adopted (resolution 36/109).
We shall now consider the re- port of the Sixth Committee on agenda item 118 [A/36/778].
119. The Assembly will now take a decision on the draft resolution entitled "Peaceful settlement of disputes between States" recommended by the Sixth Committee in paragraph I0 of its report. The Committee adopted that draft resolution without a vote. May I take it that the General Assembly also wishes to adopt it?
The draft resolution was adopted (resolution 36/110).
Next we turn to the report of the Sixth Committee on agenda item 119 [A/36/779].
121. The Assembly will now take a decision on the draft resolution entitled "Consideration of the draft arti- cles on most-favoured-nation clauses", recommended by the Sixth Committee in paragraph 8 of its report. The
We shall now consider the re- port of the Sixth Committee on agenda item 120 [A/36/780).
123. I now invite the Assembly to take a decision on the draft resolution entitled "Review of the multilateral treaty-making process" recommended by the Sixth Com- mittee in paragraph 9 of its report. The report of the Fifth Committee on the administrative and financial implica- tions of that draft resolution are to be found in document A/361796. A recorded vote has been requested.
A recorded vote was taken.
The draft resolution was adopted by /28 votes to none, with 18 abstentions (resolution 36//12).3
We shall now consider the re- port of the Sixth Committee on agenda item 121 [A/36/781] .
Draft resolution 1 was adopted (resolution 36/Jl3).
Draft resolution 11 is entitled "Report of the International Law Commission on the work of its thirty-third session". The Sixth Committee also adopted that draft resolution by consensus. I take it that the General Assembly also adopts it.
Draft resolutwn II was adopted (resolution 36//14).
We turn now to the report of the Sixth Committee on agenda item 123 [A/36/783].
128. The Assembly will now take a decision on the draft resolution entitled "Report of the Committee on Relations with the Host Country" recommended by the Sixth Com- mittee in paragraph 7 of its report. The Sixth Committee adopted that draft resolution by consensus. May I con- sider that the General Assembly wishes to adopt it? 129: The PRESIDENT: We now turn to the report of the Sixth Committee on agenda item 125 [A/36/784]. 130. The Assembly will now take a d.ecision on the rec- ommendation of the Sixth Committee. In paragraph 9 of its report, the Sixth Committee recommends the adoption of the draft decision entitled "Draft body of principles for the protection of all persons under any form of detention or imprisonment". May I take it that the General Assem- bly· adopts that draft decision? NarES
The draft resolution was adopted (resolution 36/115).
The draft decision was adopted (decision 36/426).
The meeting rose at 1.05 p.m.