A/37/PV.38 General Assembly
THIRTY-SEVENTH SESSION
OffICial Records
33. Policies ofapartheid of the Government of South Africa :· (a) Report of the Special Committee against Apartheid; (b) Report of the Ad Hoc Committee on the Draftilllg of an International Convention against Apartheid in Sports; (c) Reports of the Secretary-General
In accordance with the an- nouncement made at the 36th plenary meeting, I should like to draw the attention of the Assembly to the request by the Group of African States,'contained in document A/37/SS2, for the urgent consideration, under agenda item 33, of the application of South Africa for credit from IMF. A draft resolution on the subject has been distributed under the symbol A/371 L.S. I call on the representative of Guinea, in his capacity as Chairman of the Group of African States, to introduce the oraft resolution, on wIlIich the Assem- bly will take a decision tomorrow afternoon. 2. Mr. COUMBA,SSA (Guinea) (interpretation from French): The outrageous and incredibly stubborn attitude of the racist Republic of South Africa, which not only continues to exploit the Coloured South African population but persists in its illegal colonial domination ofNamibia and in maintaining a state ofwar on its. border with and in the southern part of Angola, is a challenge which we cannot pass over in silence. It would be impossible to say too much about the repeated violations ofthe Charterofthe United Nations and the blatant arrogance of those that promote the shameful system of apartheid in South Africa with the support of certain Powers. 3. South Africa's loathsome policy of apartheid and the threat which it poses to international peace and security have prompted the international community to consider a number of enforcement measures, such as the arms embargo, against the racist regime of South Africa. In order to compel South Africa to put an end to its inhuman policy of apartheid, the international community adopted decisions on foreign investments in South Africa in reso~ution 36/112 D and 36/172 0 of 17 December 1981; in the first resolution, the General Assembly requested IMF, inter alia, to terminate loans or credits to South Africa. 4. It is in this context that I have the pleasant duty of introducing, on behalf of the Group of African States, draft resolution A/37/L.S for approval by the
... Resumed from the 14th meeting. ... Resumed from the 36th meeting.
'.
~ .. ' . Assembly. In introducing thisdocumeni, which is moderate in content and simple in form and, which raises no difficulty whatsoever, we'are con:vinced that the Assembly will adopt it by consensus.in'prder once again to express· its support ·for the aspirations of Africa to liberty and .peace.: Indeed, the draft~reso lution, in its four operative paragraphs;simply;stat~s: "1. Again requests the International Monetary Fund to refrain from granting. any, credits or other assistance to South Africa; "2. Urges States members.of the International Monetary Fund to take appropriate action towards that end; . "3. Urges the Security Counc'iI to consid~r.;the matter as soon as possible with a view to taking appropriate action; "4. Requests the Secretary-General to under- take urgent consultations with the International Monetary Fund and to report to the General Ass\:m- bly as soon as possible, on the implementation of the present resolution." S. In relation to this moderate and concise draft resolution on a question of su.:h capital importance as that of the policy of apartheid of the Government of South Africa, Africa-the Group of African States, which represents it in the Urdted ~ations-is entitled to know who are its true friends. I know it has many.
15. Elections to fill vacaneies in principal organs (con- elud,d):· (b) Election of eighteen members 01 the Economic and Social Council
The Assembly will now proceed to the election of 18 members ofthe Economic and Social Council to replace those members whose term of office expires on 31 December 1982. The 18 outgoing members are: Australia, Bahamas, Belgium, Bulgaria, Chile, Ethiopia, Iraq, Italy, Jordan, Libyan Arab Jamahirlya, Malawi, Mexico, Nepal, Nigeria, Thailand, United States of America, Yugoslavia and Zaire. These 18 countries are eligible for 'immediate re-election. 7. I should like to remind the members of the As- semblythat after I January 1983 the following States will remain as members of tbe Economic and Social Council: Argentina, Austria, Banglade5h, Denin, Brazil, Burundi, Byelorussian Soviet Socialist Republic, Canada, China, Colombia, Denmark, Fiji, France, Germany, Federal Republic of, Greece, India,
9.- The required number of candidates which receive the largest number of votes and the majority required will be declared elected. In the CaSf) of a tie vote for the last place,. there will be a restricted ballot limited to those candidates which have obtained an equal
n~mb.er of votes. May I take it that the General Assembly agrees to that procedure? it was.so :decided.
10~ 'T~e PRESIDENT: In accordance with rule 92 of the rules of procedure, the election shall be held by secret ballot and there shaH be no nominations. 11. Ballot papers marked A, B, C, D and E will now be' .distributed. I request representatives to use only those ballot papers and to write on them the
name.~ of the Membe~ States for which they wish to vote in" each Group. Banot papers containing more
na!Oe~ ,than tbenumber assigned to that Group will be'qecJare'd invalid. I call' upon the representative of the Islamic Republic of Iran, who wishes to raise a point of order. 12.. Mr. RAJAIE-KHORASSANI (Islamic Republic of Iran):']'·shou.d like to remind representatives that my' country' maintains its candidacy. In the Group of Asian States two days ago, when we decided to withdraw, it was simply because we had assumed that only four Members would be candidates and that there would' be n~ voting. Since there is to' be voting on the Group's candidates, we maintainourcandidacy. At the invitation 'of the President, Mr. Akhtar (Bangladesh), Mr. Agllilar Frenzel (Honduras), Mr. Craig (Ireland), Mr. MlIrargy (Mozambique) and Mr. Grecu (Romania) acted as tellers. A vote was taken by secret ballot.
0 "., The"PRESIDENT: I propose to suspend the meeting while, the ballots are ,being counted. The mee(ing was suspended at,3.50 p.m. and resumed at 5 p.m. ! 14. The PRESIDENT: The result of the· voting for, the election of 18 members of the Economic a~d Social Council is as follows:
.. : ,:
GROUP A
146o Number of ballot papers: Nu.mber ofinvalid ballots: Niimber of l'alid ballots:
139 137 135 134 131 3 I 1 1
GRoup.B
146o 146 1 145 97
Number ofballot papers: Number ofinvalid ballots: Number of valid ballots: AbsteJlIions: Number ofmembers voting: Required majority: Number of votes obtainetl: Saudi Arabia .............•-.'..... i •••• Lebanon ....••.•.•.••••••.••••• ~ ••-•• Malaysia ........•.• .1 ••••• a . Thailand .•................•...... ~ ..• Iraq ...............•..........•.,.. ~ •.. Iran (Islamic Republic ot) . Sri Lanka .
116 114 107 84 82 40 2 1
............................. Bahrain
GROVPC
146o 146 1 145 97
Number ofballot papers: Number ofinvalid ballots: Number of valid ballots: Abstentions: Number ofmembers voting: Required majority: Number of votes obtained: Suriname ••.••••••••.•••••••• 11 ••••••• Mexico t . Ecuador ~.. if •• Chile 11 •••••••••••••••••••••••• Cuba e ••••••••••••••••
134, 133 129 6 1
GRovpD
Number ofballot papers: Number ofillvt,lid ballots: Number of valid ballots: Abstentions: Number ofmembers voting: Required majority: Number of votes obtained: Luxembourg ...........•.•.•......•.• Netherlands ..............•.......... New Zealand .. : .•.••.••...•.........
I~o 146 8 138 92
United States of America . _.......•.•.
Belgium ......•....•.............•.•. Malta .......•.............•.••..•..• 1
129 126 7 2 1 1 I
Czechoslovakia . Ukrainian Soviet Socialist. Republic .
There remains one vacancy to be filled from Group B. We shall. now proceed, in accordance with rule 94 of the rules of procedure, to a second ballot, restricted to two candidates, Iraq and Thailand, the two countries which were not elected but which obtained the largest number of votes in the previous ballot. - 16. The ballot papers are now being distributed. May I remind representatives to write on the ballot paper the name of the one country for which they wish t9 vote. Any ballot paper containing the name of any State other than,Iraq or Thailand or containing more than one name will be declared ·invalid. At the invitation of the President, Mr. Akhtar (Bangladesh); Mr. Aguilar Prenzel (Honduras), Mr. Craig (Ireland), Mr. Murargy (Mozambique) and Mr. Grecu (Romania) acted as tellers. A vote was taken by secrefballot. 17. The PRESIDENT: I propose to suspend the
mee~ing while the ballot~ are being counted. The meeting was suspended at 5.20 p.m. and resllmed at 5.30 p.m. 18. The PRESIDENT: The result of the voting is as follows:
152 I 151o 151 101·
,Number of'ballot papers: Number ofinvalid ballots: Ni.rnber of valid ballots: Abstentions: Number ofmembers voting: Required majority: Number of votes obtained: Thailand. 11 •••••••••• it •••••••••••••••• Iraq .
79 72
As neither of the two can- didates obtained the required two-thirds majority, the General Assembly will· now proceed to a second restricted ballot. As in the case of the first restricted ballot, only Iraq and Thailand are eligible. Any.ballot papers containing the name~ of other States or more than one name will be declared invalid. Ballot.papers will now be distributed. At the invitation of the Presidentt Mr. Akhtar ! (Bangladesh), Mr. Aguilar Pre Jzel (Honduras), Mr. Craig (Ireland), Mr. !¥!urar.gy (Mozambique) and Mr. Grecu. (Romania) acted as tellers.
151'o 151 1 ISO 100
Number ofballot papers: Number ofinvalid ballots: Number of valid ballots: Abstentions:' Number ofmembers voting: Required majority: Number of votes obtained: Thailand (' .
82 68
I.raq .
Before we proceed to a third restricted ballot, I call on the representative of Iraq on a point of order. 23. Mr. AL-QAYSI (Iraq): To save the Assembly's time and so as not to prolong the election process, I sboulo like to announce that my delegation with- draws from this election. We wish the Thai delegation every success as one of the representatives of the Group of Asian States in the Economic and Social Council.
I call on the representative of Thailand.
My delegation is deeply moved by and most appreciative of the very kind, friendly and brotherly gesture ofthe Iraqi de~ega tion in not pressing the candidature of Iraq and we should like to express our deep appreciation to the Iraqi deiegation.
I should like to thank both representatives for their kind co-operativeness. But, in spite of the withdrawal of Iraq, since this is a question of membership in a major United Nations body we still have to proceed to the third restricted ballot, which this time I presume will be an easy matter. The ballot papers will now be distributed.
At the invitation of the President, Mr. Akhtar (Bangladesh), Mr. Aguilar Prenzel (Honduras), Mr. Craig (Ireland), Mr. Murargy (Mozambique) and Mr. Grecu (Romania) acted as tellers~
A vote was taken by secret ,ballot.
I propose to suspend the meeting while the ballots are being counted.
The meeting was suspe'nded at 6 p.m. and resumed at 6.05 p.m.
The result of the voting is as follows:
149 2 147 9 138 92 Hll\'illg obtained the req'uired two-thirds majority, Algeria, Botswana, Bulgarla, the Congo, Djibouti, Ecuador, the German Democratic Republic, Lebanon, Luxembourg, Malaysia, Mexico, the Netherlands, New Zetiland, Saudi Arabia, Sierra Leone, Surinllme, Thailand mu.1 the United States of America were elected members ofthe Economic and Social Council for a three-year term beginning on I Jllmuuy /983 (see decision 371307). 29. The PRESIDENT: I congratulate the countries which have been elected members of the Economic and Social Council. I also thank the teJlers fer their assis~ance in this el~ction. 30. k now call on the representative of Albania. who I understand wisli:r;s to speak on a point ofclarification. 31. Mr. BALETA (Albania) (interpretation from French): Mr. Plresident, when you announced the results of the voting concerning the election to the Economic and Social Council of two members belonging to the Group of Eastern European States, you sa~d that Albania had received one vote. Ap- parenHy mu~ delegation made a mistake-or perhaps cast that vote deliberately. Hence I want to make it clear and to t~mphasize that Albania is not a member of the Group of Eastern European States. As a matter of fact, Albania does not belong ~o any of the so- called geographical or regionai gr{)1Ups at the United Nations. 32. Ifthe delegation which voted in favour of Albania was not aware of that fact, I wanr• to thank it for its kind sentiments towards my country. However, if that delegation acted with other motives, I want to remind it that elections are to be taken seriously. AGENll)A ITEM 134 Consequences of the prolongation of the armed 41. Last March President Saddam Hussein suggested that the Goodwill Committee of the Organization of the Islamic Conference should set up a commis~ion 33. Mr. AL-QAYSI (Iraq): Since 4 September 1980 of inquiry to investigate the question of which .side Iraq has set forth the causes of the armed conflict started the war. It is worth noting that this suggestion with !Iran on numerous occasions in international was put to us by President Sekou Toure during a forums, including that of the General Assembly. visit with the Committee last year. It was accepted Ever snnce, we have faced a relenUess war of aggres- by Iraq in a letter dated 22 April 1981. So far, we sion imposed upon us by Iran. We were left with no have had no response from Iran. d'ioice but to exercise our inhenmt right of self- defence in.accordance with the Charter of the United 42. On 9 June last the Islamic Goodwill Committee~ Nation!) and the ruks of international law in order to in view of the Zionist aggression against Lebanon, preserve (lur sovereignty, territorial integrity and called upon us and Iran to cease fighting immed;'~tely security,- and face the Zionist aggression. On 10 June the Iraqi Revolution Command Council issued a statement con- '.(4. The item before the General Assembly calls for taining the following points. First, it expressed Iraq's the ccmHideratlon of the consequences of the prolo''nga- immediate readiness to cease fire and put an end to all tion of thl~ armed conflict. Within this contcZ!xt,' it is hostilities as soon as Iran agreed to do so. Secondly, not necessary to repeat in detail {In the facts. What it expressed Iraq's immediate readiness to withdraw is of tht~ utmost importance, however, is to recall within tw~ weeks to the international frontiers all of those th~;t are relevant to our consideration. its military forces from all Iranian territories and cities 35. It IS a well-e§tablished fact that since the early occupied in defertce of Iraqi territory and towns. days 'Df the war Iraq has never ceased to pursue Thirdly, it said that in case a direct agreement with peace; with Ifan ;0 the form of a just and honourable Iran on the issues pertaining to the conflict was not settlement. ! should like to recall that we offered Iran possible through the organizations mediating between peace on 28 September 1980, one week after the the two countries, IrCloq was ready to accept an co~mct between Iran and Iraq 39. Unlike Iran, we participated in the Third Islamic Summit Conference of the Organization of the Islamic Conference, held at Mecca-Taif in January 1981, accepted its decision and worked actively with its Goodwill Committee to achieve an honourable settlement. Up to this date Iran has continued to obstruct those efforts. 40. At the C~nference of Ministers for Foreign Affairs of Non-Aligned Countries bold at New Delhi in February 1981, Iraq promptly accepted the letter and spirit of the decision of th·e Conference on the modalities for settling the conflict. However, the representative of Iran intervened to reject the sub- stance of that decision, which had been worked out in intensive consultation. 49. In the same reply, the Iranian Government has a s!r1ilar point of view concerning Security Council L~sp~ution 514 (1982). It has stated that that resolution is "in complete harmony with the general thrust of the Council's handling of [the] question, which has so far been the disguised support of the aggressor". 50. It is obvious that these claims do not stand the test of objective scrutiny, and they do not offer the Iranian Government any refuge. To begin with, Mem- ber States, in order to ensure pmmpt and effe~tive action by the United Nations, conferred upon tht Security Council in Article 24 of the Charter primary responsibility for the maintenance of international peace and security. They moreover agreed that in the discharge of those duties the Council should act in accordance with the purposes and principles of the United Nations, on. its own behalf, thro~lgh the specific powers granted to it in .Chapters VI, VII, VIII and XII. Chapters VIII and XII do not concern us here as they deal with regional arrangements and the international trusteeship system. This leaves Chap- ters VI and VII, which deal with the pacific settlement of disputes and action with respect to threats to the peace, breaches of the peace, and acts of aggression. The provisions of these two Chapters contain a wide range of powers granted by Members States, including Iran, to the Security Council for the purpose of preventing any dangers or threats to international peace and security and ensuring the maintenance or the restoration thereof. 51. Looking at Security Council resolutions 479 (1980) and 514 (1982), it is significant that the Council referred to Article 24 of the Charter in both resolu- tions. There is, moreover, a reference in both reso- lutions to Article 2 of the Charter. This is a strong indication that while the Council was acting within its primary responsibility as conferred upon it by Member States, including Iran, it did not neglect the purposes and principles of the United Nations, as the Iranian Government aJJeged. In so acting the Council caJJed upon the two parties to the conflict to follow a specific framework of peaceful settlement. This the Council has ample power under Chapter VI to do --in particular on the basis of those very provisions referred to by the Iranian Gov,ernment in its reply to the communication of the Secretary-General to which I have referred. Iraq accepted that framework. The Iranian Government rejected it on baseless grounds, as I have already shown. 52. In essence, the argument of the Iranian Govern- ment boils down to sa.ying that the provisions of the Charter referred to empower a Member State to boycott the action of the Council unless it adopts a resolution on that State's own terms. Indeed, the Iranian Government did say this quite specifically in the penultimate paragraph of its reply. It said that "We stand ready to co-operate with the Council in case in the future it deems it appropriate to take its responsibilities seriously and deal with the realities existing on the scene". I 55. Let us now consider the position of Iran towards resolution 522 (1982) as set out in the note verbale to the Secretary-General from the representative ofIran. 2 In dealing with that position, I shall again set aside the standard Iranian rhetoric and, this t!me also, the inappropriateness of its language and the ignorance it conveys. 56. The Iranian Government considers the Council's resolutions to be non-binding upon it, basing itself on the same arguments as I have already outlined in connection with Security Council resolutions 479 (1980) and 514 (1982) and which I have shown to be baseless. The only additional element which the Iranian Government set forth was the allegation that the region in which the recent military operations had taken place was "well inside the territories" of Iran and that those operations we~e "aimed at liberating Iranian territories occupied by Iraqi forces at the beginning of the war" . 57. . This allegation is not new. The Iranian Govern-' ment has since last June continued to cast doubt ~" to the withdrawal ofthe Iraqi forces to the international frontiers. In this connection, I should like to recall that my Foreign Minister strongly reaffirmed before the Security CounciP on 4 October 1982 that our forces had withdrawn completely to the international frontiers. He stated that Iraq was so sure ofthe legality of its position that it was ready to accept the arbitra- ·tion of the Security Council. The Iranian Govern- ment has so far rejected this proposal and, in view of this rejection of an impartial third-party settlement, it is reasonable to consider the Iranian allegation suspect.and unworthy of serious consideration. 58. It is clear from what I have stated that the grounds upon which th\~ Iranian Government bases its position are mere pretexts,. for c.ontir.uing the w3rr against Iraq. fn pursuing this policy the Iranian Govern- ment aspireg to invade Iraq a!1d set up a new regime in the country. Not only bave there been ample pronouncements from Iranian officials to this effect, .but it is well established also that the Iranian Govern- ment has in fact attempted to carry out such a policy through the large-scale offensives of last July and early this month. Herein lies the real reason why the Iranian Government rejected the action ofthe Security Council. 6~. In his statement of 12 October the Foreign Minister of Iran said that they stand "for close and friendly relations based on mutual respect.. w'ith all the countries of the region". If this is really the policy ofhis Government, how does that fit in with the threats he made to the countries of the region on the basis of so-caned might? How does this fit in with the self- assigned responsibility for the security of the Arab Guif and of the Strait of Hormuz? Is this not the discredited policy of the Shah? 62. In the Arab world deep alarm has been created by the destabilizing and destructive policies of the Iranian Government and profound pain is felt at the coh- tinuation of the war. The Arab countrie'" are now more than ever united against these policies. They affirmed, during the Twelfth Arab Summit Conference, held at FeJ, their desire to live in peace with their neighbours but at the same time they declared their obligation to defend all Arab territories, 'considering any aggres- sion against any Arab country and aggression against Arab countries as a whole [see A/37/696, annex, sect. HI]. It remains now for the Iranian Government to draw the necessary lessons and to prove its allega- tion that it genuinely desires peace and tnmc:uiHity. 63. Within the context of the item before h, it is not difficult for the General Asst.~mbly to draw the neces- sary conclusions on the basis of the well-established facts which we have endeavoured to set forth. 64. An armed conflict has been going on for over two years. The inter-national community has judged it a threat to internatiom'.l peace and security. One party to the conflict ha~ remained all along faithful to its commitment under the Charter to seek a:' peace- ful settlement, based on t~e principles of international 76. First of all, this armed conflict is between two neighbouring States that have many more reasons for rapprochement and co-operation thln for fighting and estrangement. 77. Secondly, this armed conflict has generated grave new threats to and pressures on the security and stability of the whole region of the Middle East. Members are aware of the threats and clangers to which that region is already subjected as a result of another old conflict which has been long-lasting and ~ncreas ingly dangerous. Moreover, this conflict opens wide the door to the intervention and influence of other foreign forces less interested in the stability, security and prosperity of the region than in safeguardnng their own interests, particularly tactical or strategic ones. 78. Thirdly, b0th States are third-world developing States endowed by natU1l~ wit;:t important economic advantages of which many other developing countries are comp~etely deprived and which ~::ould very well be used and exploited in lt~e interest of their economic and social developmeni~. However, as; a result of the long war between those two ~ountrie~, much of their wealth has been wasted in providing for 'the enormous expenditures on ar"!1S and the war effort in general. Moreover, development projects in both countries run the risk of coming to a standstill and sometimes even of being destroyed. 79. Egypt has from the beginning of the hostilities clearly declared its position in respect of the present war between Iraq and Iran, and that position remains firmly established and unchanged. We have always made it clear beyond any doubt that we are opposed to the use of force in settling conflicts among States. We consider that all conflicts should be settled by peaceful means, and in the first place through negotia- tions. We strongly condemn any measure that could result in the loss of lives or destruction of property. 86. I should like to express our views on an expe- rience that is not very unusual in this body. As a matter 80. Moreover, we have always affirmed our deter- of fact, it is the usual practice of all invaders and mination to assist Iraq in the event of its security tyrants, while they invade other countries and within its international boundaries being endangered. collaborate with tyrant regimes, to adopt a very That firm position ofprinciple, as well as other factors, peaceful tune when they speak. stems from the fact that Egypt has always respected its contractual commitments. In this connection, the 87. The representative of Egypt has quoted his Foreign Minister of Egypt, in his statement to the Foreign Minister's appeal to Iran to stop the war. General Assembly, held on 28 September of this It is very interesting that last year while Iraqi troops year, very clearly outlined the position ofEgypt, when, were in our land burning and ra.zing many villages and speaking of the war between Iran and Iraq, he said: cities and destroying many other places important to . . ,our economy, he did not utter one word. But this year, "We know all about the latest of the repeated when, as a mat'i:er of fact, in our own land we have Iranian invasions of Iraq. \Ve are also familiar with captured Egyptian prisoners ofwar and found Egyptian Iran's rejection of aU attempts at a settlement and of ammunition, the representative of Egypt says that all peace mediations. Iran, instead, is deteni15ned we should take the initiative for peace. I thank him to continue the war against Iraq. We do not under- very much. stand why. Iraq has already withdrawn or at least is ready to withdraw from all Iranian territory. Iraq The meeting rose at 7 p.m. has also made public its readiness to accept peace mediations and its responsiveness to efforts fora i l settlement. We call upon the Iranian Government ' J 81. Furthermore, Egypt reaffirms its support for the position taken by the non-aligned countries in respect of this war as reflected in the communique published after the meeting of Ministers for Foreign Affairs of the Non-Aligned Countries and heads of delegation held in New York from 4 lO 9 October 1982 [A/37/540, mllle,x]. 82. In .the light of the withdrawal of the Iraqi forces from .'iranian territory, and since Iraq is ready to begin negotiations with Iran, ourdelegation can only reiterate its appeal to the Iranian Government to respond to this initiative, put an end immediately to the military operations in the territory of Iraq and begin nego- tiations with Iraq to reach an equitable and lasting settlement of all the outstanding dilTerences between the two States. Reprisals and vengeance are no justification for continuing bloodshed and destruction. 83. It may be appropriate here to draw attention to an important fact which is often lost sight of.-namely, that experience has proved and continues to prove that the use of force in international relations may sometimes be successful in achieving some immediate objectives but will never succeed in establishing in the long term lasting peace and justice. For there is no alternative to solutions based on dialogue' and negotiation.
Number of ballot papers: Number ofinvalid ballots: Number of valid ballots: Abstentions: Number ofmembers voting: Required majority:
I call on the representative of the Islamk Republic of Iran, who wishes to exercise his right of reply.
I am replying to the representative of Egypt. We shall reply to the Iraqi allegations tomorrow, in our statement on this item.
f...... ....-