A/37/PV.48 General Assembly

My delegation is concerned at the fact that almost four years after Vietnamese forces illegally crossed the Kampuchean border ~ so little has been done to mitigate the incredible suffering of the people of Kampuchea, in spite of the great efforts of the international community, especially within the framework of the Uuited Nations, to that end. 2. My country condemned the Vietnamese invasion in 1978, although it put an end to one of the most odious regimes in history, the cvmmunist Pol Pot regime, which had until then, paradoxically, relied on the unconditional support of the invaders and of some other States that today so enthusiastically denigrate the Khmer Rouge. 3. We c,Qndemned the invasion at the time as a violation of the most sacred principles of interna- tional law-the principles of fovereignty, indepen- dence and non-interference and non-intervention in the internal affairs of other StateL, just as today we condemn even more strongly the continued military occupation of Kampuchea by those same invading troops. The prolongaHon of that occupation casts doubt on the already time-worn excuse that the ob- jective of the invasion was to "liberate" the country from a bloody dictatorship. 4. The suffering of the Kampuchean people did not end with the violent collapse of the Pol Pot regime. In 1980, massive international aid was needed-it was provided mainly by Western nations and coun- tries of the developing world-in order to avoid wide- spread famine, which might have caused another holocaust comparable only to that which followed the tragic "depopulating" of the urban areas of Kampuchea in 1975. 5. It was the generosity of the international com- munity, not the compassion of the Ho Chi Minh regime, that then saved the people of Kampuchea, which had been obliged to live in exile and to migrate to foreign lands in order to escape the scourges of both war and hunger. 6. Although it seems that today the latter scourge has been lessened, the evil of war continues in Kam- puchea, with all its atrocious consequences. Further- more, the occupying forces have not hesitated on 8. We fully share the Secretary-General's conclu- sions, and we make a special appeal to the Viet- namese Govenlment to make--on the basis of t!le Declaration of the International Conference on Kam- puchea,t which was held at Headquarters in July 1981 and in which we took part-an active contribu- tion to reaching a broad agreement restoring harmony [~nd tranquillity to the Indo-Chinese peninsula, an area afflicted for many decades by the horrors of war. 9. The recent establishment of a tripartite Coalition Government of Democratic Kampuchea under the presidency of Prince Norodom Sihanouk is a positive step in that it more appropriately represents the people of Kampuchea and thus can engage in negotia- tions that may lead to such an agreement, though we still have serious reservations about the participa- tion in that Government of elements of the Khmer Rouge, which we have never supported or recognized. 10. Draft resolution A/37/L.1/Rev.l and Add.1 includes important provisions which, if agreed to and implemented by all the parties concerned, may lead to a solution of the conflict in Kampuchea. In par- ticular, we believe it would be highly useful to again convene the International Conference on Kampuchea and to allow the Ad Hoc Committ ;e to continue its work. We should like to congratul~te that Committee on the work it has already done, which is covered in its report. 2 In the present circumstances it is essential that there be a broad and permanent institutional structure which can assist the parties concerned to start a dialogue that may in the near future lead to a comprehensive political solution to the problems ofthe region, making it possible to establish a zone of peace and neutrality in South-East Asia, as well as to reconstruct Kampuchea. 11. For these reasons, my delegation is one of the sponsors of the draft resolution, and it appeals to all NEW YORK A/37/PV.48 13. The Islamic Republic of Mauritania continues to have the same posit~on of principle on this ques- tion, with respect to the use of armed force in flagrant contradiction of international law and with respect to the settlement ofdisputes between the political regimes of two neighbouring countries. 14. In the case with which we are concerned today, and which is of concern to the entire international community, a number of reasons are being used to justify a large-scale military expedition that can only be termed interference in the internal affairs of another State, whatever failures to observe interna- tional laws in the sphere of human rights can be ascribed to its leaders. 15. In view of this distortion of the Charter of the United Nations and the rules of peaceful coexistence between States, our country has, on a number of occasions, condemned the violation ofthe international frontiers of Kampuchea and the continued occupation of its national territory. Our country and our Govern- ment remain gravely concerned at this abnormal situat.ion, which dangerously disturbs peace in South- East Asia. 16. This year we have welcomed the constitution of the coalition of national forces of Democratic Kampu- chea under the presidency of Samdech Norodom Sihanouk. We have also reiterated our position on the problem before us; that position is essentially unchanged. 17. .First, our country is more than ever attached to General Assembly resolutions 34/22, 35/6 and 36/5, as well as to the Declaration on Kampuchea and resolution 1 (I) adopted at the International Con- ference on Kampuchea. 1 Secondly, we condemn the continued illegal occupation of Kampuchea, and we urgently appeal for the total and unconditional with- drawal of all foreign troops from the national terri- tory of that country. Thirdly, the Islamic Republic of Mauritania reaffirms its support for the inalienable right of the Khmer people freely and democratically to run their own affairs and to maintain the integrity of their national territory. 18. Our delegation believes that taking account of these decisions and respecting these principles will lead all parties concerned !o engage in the negotiations that are essential for a gen~ral, genuine settlement of this grievous conflict. Hence, we once again appeal to those who have refused to subscribe to this far:" reaching international consensus to set out sincerely upon the only j\lJst and reasonable course that will put an end to the Kampuchean tragedy and t~e sore trials that for 40 years have been faced by the three courageous peoples of Indo-China. 19. That, at least, is the hope of the delegation of the Islamic Republic of Mauritania, and that is the 21. The Mongolian delegation fully endorses the views expressed here by a number of delegations to the eff~ct that this discussion is an act of direct inter- ventior.: in the domestic affairs of a sovereign and independent. country and completely at variance with the Charter of the United Nations. This was made possible by the ongoing unseemly manreuvres and underhanded machinations ofthose who are attempting to alter the status quo in Indo-C'lina, the situation that has ari~en as a l',;sult of many years of joint struggle by the peoples ofViet Nam, Laos and Kampu- chea fer the freedom and independence of their coun- tries and against imperialist aggression. 22. It is a fact that in recent months a growing clamour has arisen about the so-called Kampuchean issue and about non-existent "Democratic Kampu- chea". Unrestrained propaganda and slander have been utilized to discredit the People's Republic of Kampuchea and to whit~wash the Pol Pot criminals. Under the patronage of imperialist, hegemonist and reactionary circles, quite recently, somehow or other, the so-called Coalition Government of Democratic Kampuchea was concocted, made up of the betrayers of the vital interests of the Kampuchean people: 23. That act, which is profoundly hostile to the sovereignty and independence ofthe People's Republic of Kampuchea, is intended to hinder the efforts of the Kampuchean people to bring about national resurgence and has further complicated the situation in South-East Asia. That political farce was needed by those that are hostile to Kampuchea to deceive world public opinion, to lend some semblance. of respectability to the fiendish countenance of the remnants of the Pol Pot clique and to preserve the place they have usurped here in the United Nations. 24. The final objective of all these despicable acts is essentially to impose that genocidal regime once again on the Kampuchean people, with the support of imperialist and hegemonist forces. It is quite plain that the Kampuchean people has totally rejected that group of criminals. It has not forgotten, nor will it ever forget, the bloody misdeeds of the Pol Pot clique, which barbarically slew one quarter of its own people and reduced to nothing the ~.,;onomic, political and cultural life of the country. If it had not been for the victory of the people's revolution in 1979, the Kampuchean people would probably have by now disappeared from the face of the earth. That long- suffering people recalls very well what forces prompted the Pol Pot clique to carry out such a monstrous experiment, and whose far-fetched ideas inspired it when it engaged in brutalities unparalleled in history. Today, the self-same forces, which have refused to give up their insidious plans, are still trying to use the situation that has arisen in Kampuchea in order to prevent the People's Republic of Kampuchea from j~ against draft resolution A/37/L.l/Rev.l 2!ld Add.I. 31. Mr. ZARIF (Afghanistan): This is the fourth ses- sion at which the General Assembly i'3 considering the so-called situation in Kampuchea without any regard for the strong and legitimate objections of the Government of the People's Republic of Kampuchea. During the past four years, we have had ample opportunity to express our views on t1}e matter. This year, we should like to underline some of the legal and political considerations on which our position of principle is based. With regard to Kampuchea, certain questions have been dealt with by delegations. Our response to those questions will clarify the position of the Democratic Republic of Afghanistan. 32. The first question is whether or not the Govern- ment of the People's Republic of Kampuchea is a legitimate and lawful Governinent. Our answer to that question is emphatically yes. The heroic people of Kampuchea, who had fought valiantly against colonialist and imperialist invaders and felldalist oppressors of the p~st, found themselves trapped in the hands of a tyrannical, bloodthirsty clique which, being guided by out-of-this-world illusions, forced them into labour concentration camps and eventually mass graves. Their natural reaction to the attempts to annihilate them was to rise up and fight for their very survival. Thus, the uprising of the Kampuchean people was not only because of the strong objection to the inhuman policies pursued by the gang of Pol Pot, Ieng Sari and Khieu Samphan, but also to prevent the total extermination of their race. Their struggle, .' great Powers in their struggle for influence and hegemony, the underpinning of their foreign policies, in cases where they do not directly intervene. It is dangerous, lastly, because the threat or use of force poses an outright danger to the international peace and secunty which, the Organization is responsible for safeguarding. It vnolates the territorial integrity and the independence of States which are its victims. In this practice, nothing counts but the concept of force, which defies reason, conscience and ethics; moral and political values are ignored and disregarded. The only thing that counts is the desire to dominate and subjugate States and to attempt to destabilize their Governments. 45.. It is against this tightly woven background of political complexity that the tragic events taking place in South-East Asia, the Middle East, Latin America and Africa must be viewed. Regardless of the geo- graphical region involved, these events have a com- mon denominator: the obvious tendency and declared will of the antagonists readily to resort to force to settle disputes. It is within this twisted context that we view the current situation in Democratic Kampuchea, which is now before the General Assembly. 46. Three years ago that country, a Member of the United Nations as well as of the Movement of Non- Aligned Countries, saw itself.-without any declara- tion of war which might have justified the aggres- sion-invaded and massively occupied by the army of another State, and not the smallest of States, also a 49. By adopting all these resolutions, the United Nations, seriously concerned at the situation in that part of the world and sensitive to the enormous tragedy of the Kampuchean people, wished to find a final solution to the conflict by an overall political settlement. Moreover, it wished to reaffirm its role as the guarantor of international peace and security by recalling the purposes and principles of the Charter, such as respect for the territorial integrity, indepen- dence and sovereignty of States. 50. And lastly, by demanding the withdrawal of foreign troops from Democratic Kampuchea, the inter- national community, by a majority vote, implicitly and categorically condemned the use offorce in the settle- ment of disputes among States. That decision en- hances the mission of the United Nations and has repercussions on the national level for each Member State. Such a decision has great moral value and deep political significance. That value and significance take effect only when, in the harmony of community life, where it is the greater interests of an that prevail, where solidarity is conceived of ami viewed as an obvious need, each component of the large interna- tional family must respect the rule of the majority and heed the decisions of the General Assembly. Any other course of action is isolationist. At the level of collective and universal responsibility for the main- teJ)ance of international peace and security, Member States must respect and apply these decisions. Thus, Viet Nam must withdraw all its troops from the terri- tory of Democratic Kampuchea, even if those troops are described as foreign troops. 51. Faced with aggression, occupation and foreign invasion, against which it is struggling stalwartly and resolutely, the Kampuchean people have r&llied in a surge of national feeling and a vast liberation move- ment to organize the fight, to galvanize and mobilize 52. Today, a Coalition Government, the reflection of the will of the people of Democratic Kampuchea, including all political trends, whose legitimacy we believe should be subject to no speculation, no sub- jective challenge---except perhaps in the sad minds of its enemies and detractors-has been created and placed under the presidency of Prince Norodom Sihanouk, a well-known patriot and important political figure, widely recognized internationally. A catalyst in establishing a national balance, a force of modera- tion, President Sihanouk will make a valuable and important contribution to the establishment of the genuine peace that Democratic Klmpuchea most needs for its vast work of reconstruction. 53. Can there be any more representa~ive, any more credible verdict than that handed down in all inde- pendence and sovereignty by the Kampuchean people in this choice? Is there any voice more legitimate than that which has spoken out in the creation of that Government, Ha Government of the people and for the people~'? Who would dare to call it into question? Who? 54. The occupation and invasion of Democratic Kampuchea by Viet Nam have nojustification. Hence, Viet Nam must withdraw its troops in accordance with the resolutions of the United Nations. 55. Faithful to its policy of peace, of freedom and of independence, whkh constitutes the indelible seal ofits diplomacy, the Central Mrican Republic is firmly and staunchly opposed to the use or the threat of force in the settlement of disputes between States. That is why my delegation will vote in favour of the draft resolution which is before the General Assembly.

I should like to begin my statement by remarking that the member countries of ASEAN do not harbour any hostility towards the Socialist Republic of Vie:t Nam. We hold the view that the countries of South-East Asia have a right to choose their own social and economic systems and their ideological orientation. We believe that coun- tries can coexist peacefully and co-operate to their mutual advantage in spite oftheir ideological~political and economic differences. I 57. The second point which I should like to make is that the ASEAN member countries do not take and have no intention of taking sides in the conflict be- tween the Socialist Republic of Viet Nam and the Peop:e's Republic of China. The leaders of Viet Nam know in their hearts that there is not one iota of truth in the propaganda that the ASEAN member countries have acted in collusion with China. On the intim~datingthe electorate. 62. Viet Nam has argued that it is necessary for its troops to remain in Kampuchea in order to prevent that country from being used by any foreign power as a base from which attacks against Viet Nam can be launched. This concern of Viet Nam has also been addressed by the Declaration. One of the essential elements of an overall political settlement would be guarantees to ensure that Kampuchea will never pose a threat to any of its neighbours, including Viet Nam. We have therefore taken due account of the legitimate national security concern of Viet Nam and would be prepared to discuss with it the modalities for the implementation of this objective. 63. The ASEAN member countries believe that the Declaration contains a just and balanced framework for negotiating a political settlement to the conflict in 68. We recall the disregard for Kampuchea's neutrality evidenced by those who remained silent when the then legitimate Government headed by Prince Norodom Sihanouk was overthrown by Lon Nol and his supporters. We also recall the interna- tional community's outrage at the excesses com- mitted in the name of the Pol Pot regime. We also, most assuredly, remember the calls for us, the mem- bers of the international community, to do something in the name of humanity to save the lives of the people of that very troubled nation. 69. Finally, we also recall the shame which befell the international community when it failed to act in some- what similar circumstances five decades ago. At that time, the internal pogroms which some labelled "the internal affairs of sovereign States" evolved into the horrors of international campaigns of genocide and another world war. Such was the world's subsequent revulsion at that failure to act that the Organization, its humanitarian values and the concept of collective security were born. 70. To us, it is truly regrettable that one of Kampu- chea's neighbours felt compelled to act, and to act by itself. We still believe that the States Members of the United Nations must, in deed and in word, respect and strengthen this institution and its processes. Perhaps it would have been better to wait until an ofus could agree on a single course ofaction to resolve what no one can deny was an extremely severe situa- tion in Kampuchea, which had spilled across the borders of neighbouring countries. We honestly do not know the answer. However, it is safe to assume that those who were the 310St immediate victims of a regime which, from all available evidence, practised auto-genocide, certainly did not enjoy the luxury of waiting for an international consensus on a single course of action. 71. Are we also some day to condemn the three nations which are now seeking to help the people and Government of Lebanon to restore peace and tranquillity to their country? We would hope not, for, without such an initiative at this time, the toll in human suffering and misery could be much higher. 72. There is no doubt that what has happened in Kampuchea is one of mankind's great tragedies. Vanuatu is a country that will never be pleased with solutions that are primarily military in nature, just as it will never be pleased with Governments :hat are primarily military in nature, regardless of the ideo- logical cloak in which they might appear. We do not believe that what we have seen and heard up to this point merits so strong a condemnation of a country which has itself suffered so much at the hands of out- siders and which today shares with Kampuchea similar social and economic problems. 80. We refrained from participating in this pointless debate, but I should like to set OlAt briefly the meaning of the vote that Congo intends to cast. 81. There is no doubt that the Kampuchean people suffered a great deal under Pol Pot and his henchmen,

Nicaragu.a will vote against the draft resolution, because it contains elements that do not correspond to the facts and, moreover, constitute clear interference in the internal affairs of the People's Republic of Kampuchea. 93. Nicaragua's vote signifies a rejection of any attempt to re-establish the criminal Pol Pot regime and its clique of assassins. We are and shall remain against any such attempts, because of the nature of the regime ano everything it represents for us, who ourselves suffered from the effects of institutionalized genocide. 94. It is impossible to forget the horror and the pain suffered in the past by the people of Kampuchea at the hands of their executioners, in notorious con- trast to the huge efforts made by the People's Repub- lic of Kampuchea to rebuild the nation and bind the wounds of its people. 95. We maintain that a just and comprehensive political solution to the problem must inevitably be based on non-interference in the internal affairs of a sovereign State-in this case, the People's Republic of Kampuchea, whose representatives should occupy the seat in this Assembly that belongs to the Kampu- chean people. Any other representation would be that of a non-existent entity, which we cannot recognize as valid. 96. We entirely support the genuine aspiration to transform South-East Asia into a zone of peace; indeed, all the regions of the world should -be so transformed. This requires the efforts and determina- tion of the parties concerned. We are in favour of the gradual reduction of tension that would lead to a comprehensive political solution, involving the with- drawal of all foreign forces and guaranteeing respect for the s('vereignty, independence and territorial 114. Finally, Viet Nam has been accused of turning a deaf ear to the appeals of the international com- munity and stubbornly disregarding the relevant reso- lutions of the United Nations on Kampuchea. In.this connection, my delegation would like to reiterate the position of the Socialist Republic of Viet Nam, as follows. As long as the United Nations continues to keep within its midst the representatives of the criminal, genocidal Pol Pot clique in any form what- soever-and I should particularly like to stress this point for the benefit ofthe representative of Singapore, who was kind enough to make an appeal to us a few months ago-and as long as the United Nations seeks to impose on the Kampuchean people unilateral resolutions which run counter to its legitimate interests and its national and fundamental rights, thus flying in the face of the essential principles of the Charter, Viet Nam, like the other countries of Indo-China, wilJ be unable to subscribe to such resolutions, and the United Nations will continue to be incapable ofplaying the peace-making role it should play at this time in establishing peace, stability and co-operation in South- East Asia.

I should like first of all to thank the Secretary-General for the report on the re- vised draft World Charter for Nature {A/37/398 and Add.}] and for his efforts during the past three years in connection with this question, in accordance with the relevant resolutions of the General Assembly. The question of the World Charter for Nature was raised for the first time in 1979, at the thirty-fourth session, as a prelude to the introduction one year later, in my letter of 2 June 1980,3 of a draft charter for consid- eration by States. 116. In that letter, introducing the explanatory memorandum required under rule 20 of the rules of procedure of the General Assembly-at the same time as the question of the historical responsibility of States in preserving nature was introduced, and I assume this was based on similar considerations- I explained the goal and the purpose of the submission of the draft World Charter for Nature to the General Assembly and Member States for their consideration, and I stressed in particular that the entire philosophy underlying the text revolved around the idea that States, in the exercise of their permanent sovereignty over their natural resources, should conduct their 118. On the eve of the thirty-sixth session, 50 Mem- ber States had transmitted their comments on the draft World Charter for Nature, in accordance with the report ofthe Secretary-General.4 Moreover, during the thirty-seventh regular session of the Council of Ministers of the Organization of Mrican Unity [OAU], the 50 States members of the pan-African organiza- tion, on the basis of the relevant provisions of the Lagos Plan of ActionS on the protection of nature and the environment, adopted resolution CM/Resl 852 (XXXVII), concerning the draft World Charter for Nature, which was subsequently endorsed at the eighteenth regular session of the OAU Assembly of Heads of State and Government. 119. In that resolution, the African States asked the Group of African States in the United Nations to follow the question closely, and recommended the adoption of the draft World Charter for Nature by the General Assembly, aware, on the one hand, that life on earth forms part of nature and that it depends on the uninterrupted functjoning of natural systems and, on the other, convinced that the benefits which can be derived from nature depend on conservation and maintenance of natural processes and on the diversity of life forms, and that those benefits are jeopardized by the abusive exploitation and the destruction of natural habitats. 120. The Extraordinary Meeting of Ministers for Foreigp Affairs and Heads of Delegation of Non- Aligned Countries to the General Assembly at its thirty-fifth session, which was held in New York from 2 to 3 October 1980, chose the question of the World Charter for Nature as one of the priority ques- tions that should be considered by the General Assembly. 121. If we think of the number of delegations that f expressed concern about the protection of natural . systems and the balance of nature during the thirty- fifth and thirty-sixth sessions of the General As- sembly, those who communicated their observations to the thirty-sixth session, those who have just done so at the thirty-seventh session [ibid.] and those who took a stand on this question in the OAD and the Movement of Non-Aligned Countries, we will quickly see that more than 100 States Members of the United 123. The text of the revised draft World Charter for Nature was submitted to the thirty-sixth session as an annex to the leport of the Secretary-General.4 In reso- lution 36/6, the General Assembly invited States Members which had not yet done so to transmit their views and comments to the Secretary-General and again asked the latter, in co-operation with the Inter- national Union for Conservation ofNature and Natural Resources and UNEP, to complete if necessary, on the basis of observations received from Member States the revision of the draft World Charter for Nature and to transmit to States Members the revised draft text and the report of the Ad Hoc Group of Experts so that they could be considered and so that the draft World Charter could be adopted at the thirty- seventh session. That is why agenda item 21 is entitled "Consideration and adoption of the revised draft World Charter for Nature". 124. In the observations that we transmitted to the Secretary-General pursuant to General Assembly resolution 35/7, we stressed that our objective was not to put an end to progress nor to prevent anyone from taking necessary development measures. Nor does the World Charter ask that we focus our action on any particular project or any particular activity in a given country. What it does is emphasize the balance of the ecosystems which must be maintained and protected if we are to safeguard the life and quality of our species. This opinion has been expressed by many people throughout the world, north and south, east and west, and the large amount ofcorrespondence that we have received since 1979 in this connection attests to this. 125. Like other developing countries, the Republic of Zaire is making every effort to ensure the progress of its people and to acquire the skills and capacities that will better allow us to master the environment and transform it to meet the country's essential needs -in other words, its development-but with a com- plete awareness of the need to refrain from anything that will cause irreversible damage to the balance and quality of our natural systems. 126. The United Nations Water Conference, held at Mar del Plata in March 1977, clearly underscored the duty of each of us towards our fellow man in the management and protection of nature in each country. The fact of living up-river does not exonerate one from responsibility in water management or from the duty of solidarity with those who live down-river. This example illustrates the principle of international 128. I have already had many opportunities to state and demonstrate that the principle of full and permanent sovereignty of States over their natural resources cannot contradict, and does not contradict. the joint or agreed steps or initiatives designed to correct the mistakes of the past and of the present, steps and initiatives which promote international co- operation, especially in order to safeguard the balance of ecosystems and the quality of nature, because this is precisely the philosophy underlying that principle. 129. During the past three years, all of those who felt that they should make comments on this draft World Charter for Nature have done so. They had ample time for that, and we requested and took enough time to enable everyone to make comments. The revised draft World Charter for Nature, which includes the latesl improvements suggested by the Secretary- General in paragraph 4 of his report, is the result of many exchanges of view and of intense work done by the most highly qualified experts in the field on the basis of observations received and of consultations. This work, need we recall, began in 1975. Full account was taken of all existing documents and instruments in this field, dealing with the problem of nature and natural resources management. FlOm the technical standpoint, the draft cannot be considered contro- versial. 130. I would stress here that the draft text which is now before us is a United Nations draft, an interna- tional draft that takes into account various parameters of the problem. There can be no shadow of a doubt that paragraph 5 ofthe report ofthe Secretary-General, in which he recommends that the revised draft text be given favourable consideration, is also based on this fact. 131. For all those reasons, I have the honour to introduce draft resolution A/37/L.4 and Add.1, on behalf of the following countries, which are co- sponsors: Belgium, Benin, Burundi, Cape Verde, the Central African Republic, Chad, Comoros, Costa Rica, Djibouti, Egypt, Equatorial Guinea, Gabon, Gambia, Guinea, Guinea-Bissau, Haiti, the Ivory 137. In our view, the adoption by the United Nations of the World Charter for Nature will be an event of considerable significance and will open up an im- portant area of responsibility for the Organization, in which co-operation among Member States needs to be strengthened. 138. The purpose of the revised draft World Charter for Nature is to restore the balance between man and nature. In earlier epoch~, man considered himself to be a child of nature and lived in harmony with it. The industrial revolution, however, seems to have brought with it an obsessive desire in man to be' the master of nature. The consequences of altering nature and exploiting it recklessly, heedless of the forces that constitute nature, have brought irreparable damage to the earth's environment. I need only mention the erosion of the top soil in our arable lands as an example. The revised draft World Charter for Nature seeks an equilibrium between the uses ofnature and its conservation. 139. Pakistan's conservation strategies are now being modelled on the principles set forth in the revised draft World Charter for Nature. The flora and fauna, soil conservation, afforestation and the arresting 141. Before con~luding, permit me to pay a special tribute to the Government ofZaire for having taken the important initiative for the adoption of a world charter for nature-which Pakistan has fully endorsed and supported since its enunciation last year. Conservation of nature, which is the central theme of the draft Charter, is a noble cause in whose advancement every State, indeed every individual, has a vital stake. 142. As a follow-up of the adoption of this draft Charter, my delegation proposes that the Secretary.: General be requested to review the progress make in its implementation on an annual basis.

The prob- lem ofprotection ofthe environment, like other world- wide problems, can be tackled only if concerted and serious efforts are made by all States in an atmosphere of very close and equitable co-operation. At the same time, it is possible to give full effect to such co-operation, to arrive at global programmes and to find the funds required to put them into practice only in conditions of detente by halting the arms race. The protection of the environment and of nature in the broadest sense of the term is closely related to finding a solution to the most important problem of the day-that of halting the arms race and averting a world-wide military conflict. f 144. At the present time, nature is being tremen;. dously, possibly irreparably, damaged by military preparations and the arms race, which is taking on ever greater dimensions. Therefore, as the General Secretary of the Central Committee of the Communist Party of the USSR, President of the Presidium of the Supreme Soviet ofthe USSR, Leonid I1yich Brezhnev, has said: 153. In 1973, the European Community adopted its first programme of action for the protection of the environment, followed in 1977 by the second pro- gramme of action. These action programmes contain, inter alia, measures for the avoidance of water and air pollution, as well as a directive for the protection of birds within the European Communitj. In January 1982, a regulation prohibiting the import of cetacean products for commercial purposes took effect within the Community. 154. Nature is the common heritage of mankind, and we all share the responsibility for its preservation. Economic development over the past 200 years has nourished the hope that mankind can overcome the narrow limitations which nature had set for the con- ditions of physical life of earlier generations. The aspirations of economic and tec.hnical development to master the forces of nature have, however, in certain periods oftime> been accompanied by a neglect of the side effects of ecoi1omic development on the natural environment. Today, with the knowledge and experience of the past, we are aB aware that the long- term aspirations to economic and social develop- ment, both in developed and developing countries, can be realized only if human endeavours respect the interrelationship between man and nature. 156. In accepting draft resolution A/37/LA and Add.l, the annex of which contains the draft World Charter for Nature, we conclude our intervention by expressing the hope that the Charter wiH effectively support the World Conservation Strategy. The mem- ber States of the European Community will continue to play their part in these efforts.

The efforts towards the adoption of a world charter for nature have been inspired by concern for the preservation of mankind's natural living condi- tions, which today are exposed to a variety of ri8ks. It is therefore necessary to exert all efforts in or:ler to live up to the historical responsibility of States for the preservation of nature for present and future generations. 158. No one giving serious thought to the matter can ignore the fact that today mt'lnkind possesses the means not only to destroy itself through an atomic war, but also to extinguish all life on earth. But it should also be noted that the possibilities exist for preventing a nuclear catastrophe. In particular, the Soviet Union's solemn undertaking not to be the first to use nuclear weapons and its new proposals aimed at eliminating the dangers of nuclear war-such as those relating to the immediate cessation ofall nuclear- weapon tests and to the safe development of nuclear energy, as well as the nuclear disarmament pro- gramme wilich was put forward by that country at the second special session devoted to disarmament- open up to the people living on our planet the prospect ofa peaceful future and ofseeing their natural environ- ment preserved. 159. The German Democratic Republic shares the anxiety of millions of people in the world who are wondering how much longer valuable natural re- sources are to be wasted on armaments, and how much longer wars, exploitation and oppression will con- t~nue to upset the life and development of entire peoples and rob them of their life-sustaining foundations. 160. My delegation holds the view that the pre- I vention of a nuclear catastrophe, as the main prob- lem of the present time, must also be the main concern of the General Assembly at its current ses- sion. The draft World Charter for Nature therefore cannot be separated from the fundamental tasks of the United Nations: the pr~servation of world peace, the strengthenir:J of international security, the ending of the arms race and the achievement of effective disarmament measures. Fulfilment of these tasks will bring about the necessary conditions for the successful protection and conservation of nature. We would have liked these important ide"s to have found a clearer reflection in the draft World Charter for Nature, since they are indispensable to the practical application of the principles embodied in the Charter. 162. My delegation has carefully studied the revised draft World Charter for Nature and, on the whole, supports its general principles and aims. 163. The Constitution and pertinent laws of the German Democratic Republic guarantee for all its citizens the right to participate in the decision-making process on environment protection rnethods. This right is exercised, above all, throngh the people's e'ected representative bodies at the local and national levels. The people and the Government of the German Democratic Republic are awa;e that any effort in this field will be futile unless the arms race can be stopped and the funds thus released used to meet the needs of the peoples. 164. Both the past and the present show that the relatioD:ihip between man and na~~~re cannot be optimal as long as an increasing portion of natural resources is being wasted on armaments, or as long as, through neo-colonial exploitation, the natural riches of many countries are being consumed excessively, especiaBy by transnational corporations. 165. The 'Jerman Democratic Republic has out- lined its position on these and other questions in its comments on the revised text of the draft Norld Charter for Nature [see A/37/398/Add.l]. My delega- tion supports draft resolution A/37/L.4 and Add.l, in the hope that this ~.',1i1l lead to the strengthenIng of the peaceful co-operation of peoples and heip States meet their historical responsibility for the preserva- tion of nature for present and future generations.

The activities of the United Nations in the field of the environment and the protection of n"lure, in our view, deserve wide sur/port and appreciation. 167. Over the past several years, a number of docu- ments and decisions have been adopted by the United Nations a~d its specialized organs concerning the protection of the human environment. United Nations documents such as the Stockholm Declaration7 the Nairobi Declaration,6 and General Assembly reso- lutions 35/8 and 36/7 on the historical responsibiHty of States, which were submitted bv the Soviet Union, contain, in particular, a number ofuseful and important recommendations for enhancing the responsibility of individual countries and Governments in tile pro-~ tection and improvement of the natural environment that, in our opinion, would not only serve mankind but would also avert the serious threat of a nuclear war. 175. It is also my delegation's view that, in this respect, the draft World Charter for Nature should be viewed as being intricately linked and interdependent 168. The revised and amended draft World Charter with the relevant United Nations decisions and for Nature submittt\d at the current session represents, instruments regarding the restructuring of interna- in our view, a new and significant step forward in tional economic rt;>~ations and the establishment of a United Nations activities in this field. new international economic order. " ~~L:~::=C~""~~~:2:::C~'::::'2:"~"'~_<~"~F:"~ !!! & ~ Al' '1., 183. It is now recognized that, for developing and developed countries alike, in order to achieve sound economic and social development, it is necessary to adopt, in accordance with the respective domestic conditions, effective policies and measures to protect nature and natural resources. In order to achieve this, efforts by one or two countries or regions only are insufficient; we must rely on the joint actions of all countries, in the interest of all mankind. 184. The initiative taken by President Mobutu of Zaire for the formulation of a world charter for nature is an excellent reflection of such a need. Therefore, the Chinese delegation has supported it from the very beginning. In our view, a world charter for nature should be a set of legal norms and a code of conduct for mankind in its treatment of nature. It should be possible for all countries to abide by it. At the same time, we believe that this Charter should be in con- formity with the principle of respect for the permanent sovereignty of countries over their natural resources. i85. The Chinese Government, for many years now, and particularly since 19;8, has been devoting in- creasing attention to the protection of the natural environment and resources. We have taken various measures, including the following. 186. First, we have improved and strengthened the leadership and management machinery for the protec- tion of the environment. We have established urban and rural departments for the protectionofthe environ- ment in construction work, so as to co-ordinate con- struction with protection of the environment. And we have established corresponding subsidiary organs at the provincial, municipal, district and county levels.- 187. Secondly, we have established national laws and rules and regulations for protection of the environ- ment as a legal code for the protection and the u~e of nature. This calls for the exploration and use of nature to be linked with the preservation and protection of the environment. 188. Thirdly, we feel that the rate of population growth has a great im,act on the protection of nature and natural resources. In view of the situation that now exists in our country, we have been pursuing a policy ofplanned population control. This is conducive to the rational exploration, use and protection of nature and natural resources. ~99. Mr. KAMANDA wa KAMANDA (Zaire) (inter- pretation from French): I do not wish to give the impression of engaging in polemics with my colleague from the United States, but we have been waiting three years for a consensus and it is not our fa~'lt if the United States delegation has not been in a position for the past three years to submit its comments, which could have been taken into consideration by the Ad Hoc Group of Experts. 200. Furthermore, it is not a question of talking to Mr. Kamanda wa Kamanda. What has this got to do with me? This text, as I have said, is a United Nations text. It is an international text, which has been worked out by the experts from various ~ountries who revised the initial text. So how can Mr. Kamanda wa Kamanda undertake the responsibility of reviewing what United Nations experts have adopted and recom- mended to the General Assembly pursuant to the relevant resolutions of the Assembly? 201. I repeat what I have already said: we want a decision on this matter at this session, here and now, in order to settle this matter once and for all. 202. The PRESIDENT: I call on the representative of the Central African Republic on a point of order. 203. Mr. KIBANDA (Central African Republic) (interpretation from French): It was not on a point of order that I asked to be allowed to speak. I wished to say that in intIoducing the draft resolution now before us, the representative of Zaire, with charac- teristic eloquence, gave us the entire genesis of the World Charter for Natu're that we are now considering. 204. As he stated, this question was raised for the first time at the thirty-fourth session. At the .thirty- fifth session, the General Assembly adopted its first

What is before the Assembly now is the procedural point of whether or not we shQuld take a vot.;; today on the draft resolution. The sponsors have asked that the vote be taken today. 208. On that procedural point, I call on the repre- sentative of Denmark.

As my ce1c- gation has just had the opportunity to rec'~mmend the World Charter for Nature for adoption, I should like to express our concern over the turn which the consideration of this agenda item seems to be taking. 21l\ Speaking on behalf of the member States of the European Community, I should like to reiterate the readiness of the member States of the Community to see the text of the World Charter adopted as it now stands. On the other hand, we also hold the opinion that the influence that we think the adoption of the World Charter will have on the preservation of nature will be severely diminished if it is not adopted by consensus. 211. Against that background, we recommend that the sponsors of draft resolution A/37iL.4 and Add.l give positive thought to the postponement of the consideration of the draft resolution with a view to initiating consultations whkh should make it pos- sible to ensure that later in the session, this important document will be adopted by consensus.

The sponsors of the draft resolution wish a decision to be taken on it today. But a motion has been formally moved by the repre- sentative of the United States that the decision should be postponed. We must vote first on that motion. 213. I therefore now put to the vote the motion by the United States that a decision on draft resolution A/37/L.4 and Add.l be postponed. A recorded vote has been requested. 221. The developing countries as a whole, the Amazonian countries among them, are committed to the eradication of poverty and to the process of economic and social development. In this context, it is imperative to recall that throughout history the developed countries have been not only the main polluters of our world but also the main contributors to the damage done to nature. This is a fact that the Amazonian countries feel has not been taken into account at all in the text of the draft World Charter for Nature. 222. On the other hand, the Amazonian countries are of the opinion that the draft World Charter for Nature fails to address adequately the paramount issue of the damage caused to nature by the destruc- tion resulting from war and warfare, which of neces- sity is one of the main (;oncerns of mankind. 223. The draft World Charter for Nature is there- fore yet another link in a chain of documents which, because they contain only principles, lead to a dis- persion of efforts, and, because of their complete lack of objective conditions for the achievement of results, might lead to being relegated to the archives. 224. For the record, then, the Amazonian countries want to state unequivocally that they consider the draft World Charter for Nature non-mandatory, whatever language it may contain. They will there- fore treat its contents merely as a general indicatipn of intentions, which, individually or jointly, they might take into account, but only if such guidelines are in conformity with their national legislation, their practice and their accepted international obligations. The only obligations, therefore, that they recognize are those deriving from their own domestic laws and from the treaties to which they are party. In their activities in matters related directly or indirectly to the •

I am sorry to interrupt you, but your time is up. Please finish as soon as you can. 232. Mr. CORREA da COSTA (Brazil): Mr. Presi- dent, I beg you to bear in mind that I am not using the time of one delegation, but of eight delegations. Simple multiplication should absolve me. 233. The PRESIDENT: Please continue.

In any event, the Amazonian countries have strong reserva- tions on such undefined concepts as "the beSt avail- able technologies that minimize significant risks to nature or other adverse effects, shall be used, for this would amount to making them indefinitely dependent upon the technologies of developed countries, which, 243. We shall now vote on draft resolution A/37/ LA and Add. I. A recorded vote has been requested. A recorded vote was taken. In favour: Afghanistan, Angola, Australia, Austria, Bahrain, Bangladesh, Barbados, Belgium, Benin, Bulgaria, Burundi, Byelorussian Soviet Socialist Republic, Canada, Cape Verde, Celltral African

I shall now call on those reoresentatives who wish to explain their vote.

My delegation voted in favour of the draft resolution because my country supports the general principles, functions and imple- mentation of the World Charter for Nature. In this connection, my delegation wishes to express its deep appreciation to the President of Zaire for broaching in 1975 the idea of drawing up a charter to serve as a code of conduct for managing nature and natural resources. However, my delegation is obliged to make clear its position on certain parts ofthe preamble to the World Charter. 246. First, subparagraph (b) of the fourth preambular paragraph states that: " ... failure to establish an appropriate economic order among peoples and among States, leads to the breakdown of the economic, social, and political framework of civilization". My country basically supports the existing international economic order. Although we recognize the necessity of working steadily to improve that order, we-are unable to accept the notion that failure to change the present ecopomic order will result in the breakdown of civilization. Moreover, since the aforem.;ntioned passage has no direct bearing on the protection of nature, my delegation fails to see any reason why it should be included. 247. Secondly, subparagraph (c) of the same pre- ambular paragraph states that: "the conservation of nature and natural resources . . . cannot be achieved until mankind learns to live at peace with itself and forsake war and armaments". According to this 249. My Government considered the initiative on the drafting of this Charter most laudable and it supports the basic principles embodied in it. That is why the Argentine delegation joined in the consensus, at pre- vious sessions, that led to the drafting of this World Charter. However, my delegation abstained in the vote because, as the Argentine Government noted at the thirty-fifth session [49th meeting] in its comments on the draft text, we feel that certain of the operative portions of the Charter are not entirely satisfactory, since, in some cases, they touch on subjects which are dealt with more specifically in existing instruments and conventions. Furthermore, in other cases, such as that of the precautions to prevent the discharge of nuclear waste, they touch on questions that fall within the purview of other United Nations organs. 250. Finally, the text on which we voted does not distinguish between the environmental problems of the developed and those of the developing countries, which we understand call for different treatment. 251. Miss FORD (Canad::): Canada voted in favour of the resolution and the adoption of the World Charter for Nature because we support the general principles it contains on the preservation and enhance- ment of the global environment. Indeed, my Govern- ment's continuing and firm support for the protection of nature was earlier demonstrated in our co- spon~orship of resolution 35/7, which introduced the initial text of the draft World Charter for Nature in 1980. 252. That said, however, we believe the World Charter would have benefited from further refine- ments, and we would have welcomed informal con- sultations on it prior to its adoption by the Assembly. In particular, as the purpose of the World Charter is to set out general principles to guide citizens and Governments in conserving nature, we would have preferred a number of stylistic changes to the text so that it would havle better reflected its aspirational character. . 253. Thus, we beUtwe that the verb "shall", which appears in almost every paragraph, could appro- priately have been replaced by "shall endeavour to", or "should". This drafting comment applies in parrticular to paragraph 14 of the World Charter,~ which, in its cmnmt form, is not fully in keeping'· with the principle of State sovereignty. 254. Mr. PURUSHOTTAM (India): My delegation has gone along with the resolution which has just been adopted, although we would have preferred more consultations in respect of the World Charter for Nature in order to resolve the few difficulties that submi~ that neither the United Nations nor man can prevent natural disasters. We think that the intent may well have been "the effects of natural disasters", and we would have hoped for a little more precision in language. Trlit was the kind of thing that we were after. 261. Regarding paragraph 24, which begins "Each person has a duty to act in accordance with tite provi- sions of this Charter", we wonder how this World Charter purports to create obligations for individuals. Our courts have held that even the Charter of the United Nations, an international agreement, does not create self-executing individual rights, let alone obligations. These are just two areas of concern. The meeting rose at 7 p.m. NOTES 1 See Report of the International Conference on Kampucheli (United Nations publication, Sales No. E.81.1.20). 2 A/CONF.I09/6. 10 United Nations, Treaty Series, vol. 1001, No. 14689, p. 3. 11 World Conservation Strategy: Living Resource Conservation for Suitable Development, prepared by the International Union for Conservation .,f Nature and Natural Resources, with the advice, co-operation and financial assistance of. the United Nations Environment Programme and the World Wildlife Fund and in collaboration with the Food and Agriculture Organization of the United Nations and the United Nations Educational, Scientific and Cultural Organization, 1980. 12 The delegations of Liberia, Mexico and Viet Nam sub- sequently informed the Secretariat that they had intended to vote in favour of the draft resolution.