A/37/PV.68 General Assembly

The General Assembly has been debating the policies ofapartheid year after year for the past three decades with a view to freeing the peoples of South Africa from injustice and oppression and enabling them to exercise their political, social and economic rights. 2. The Asserr,bly usually concludes its discussion by adopting resolutions and perhaps forming committees and convening conferences to implement the contents of those resolutions. The majority of Member States that usually participate in these debates vote in favour of the r(:solutions, condemn apartheid, call for its elimination and sometimes even appeal to the Security Council to impose sanctions on the racist Government of South Africa in acco;dance with Chapter VII of the Charter. However, we mllst note regretfully that the detailed and prolonged debates have no pmcticrll effect and the objective resolutions are never implemented. Rather, they are added to the many earlier resolutions adopted by the General Assembly since the inception of the Organization. 3. Iraq has, since the creation of the United Nations, supported the struggle of peoples against colonialism in all its forms; it has supported and will continue to support their legitimate right to freedom, dignity and independence. We are constantly strengthening our solidarity with all those who endeavour to ensure the elimination of racism and apartheid, whether these efforts are made within the United Nations or within the non-aligned movement. 4. Iraq considers its solidarity with the struggle of the African peoples to be one of the corner-stones of its consistent foreign policy. On the basis of this traditional concern, Iraq always takes care to participate effectively in all the conferences that are convened with the 'object of dealing with the crime of apartheid and doing away with all its causes. 5. It is often asked why the United Nations has not so far succeeded in implementing its resolutions aimed at the elimination of this crime and at pl1tting an end to the inhuman policies that the dominant 11. It would be unwise to ignore the evil role the Zionist entity is playing in intensifying racism and apartheid in South Africa through the strengthening of the Pretoria regime and through increased cooperation between the two regimes in economic. political, trade, cultural and diplomatic relations, especially with regard to military relations, including the exchange ofnuclear expertise and the sophisticated equipment needed to develop nuclear arms and to achieve certain military objectives, and involvement in the extraction and manufacture of uranium. 12. These two regimes, in South Africa and in occupied Palestine, are two faces of the same coin, linked together by their policy of aggression as wel1 as by the strategies of and belief in the practice of racism. This has motivated the General Assembly to regard apartheid as a crime and zioni£m as a form of racial discrimination. While the Pretoria regime, with its Nazi roots, carries out steady aggression against the front-line African countries with European and American encouragement, the Zionist Fascist regime also receives similar encOl'ragement in its systematic aggression against the Arab nation. Thus. colonialism has guaranteed for itself bases for intervention and for acts of sabotage which threaten the peace and security of the African and Arab peoples. 13. A few days ago, speaking before this Assembly, the representative of the Zionist entity deliberately attacked the Special Committee against Apartheid and criticized its members, accusing them of a lack of objectivity and of dishonesty. He took it upon himself to intervene and interfere in the internal affairs of other countries merely because they had succeeded in unmasking some of the dangerous relations that exist between the Zionist entity and the racist regime of South Africa, as is stated in the addendum of the Special Committee's report [A/37/22/Add.1]. 14. While condemning those unethical practices, for which the Zionist entity is notorious, the Iraqi delegation proclaims its appreciation of the Special Committee and praises its members for their sacrifices and for their objective efforts aimed at revealing the truth and enlightening world public opinion with regard to the savage brutality of the crimes per- ~etrated by the two Fascist regimes of Tel Aviv and Pretoria. Our delegation extends particular thanks to 16. I do not believe that our opinion that those new reputation and that most mouthpieces for zionism, u to its advocates for the pu and the Zionist entity a nation and its culture and exerting pressure on the American politicians to Zionist entity and increase aid to it. Those newspaper part of the Zionist lobby th throughout the European It is unthinkable therefo should condemn zionism w 17. The Zionist represe recognize any fact that co of falsification and distort validity of the quotations drawn from the publicatio I wonder if he had hoped would turn instead to the Ha'aretz. Haolam Hazeh papers? It.. In hIS statement, the that his Government is com resolution 418 (1977), wh refrain from providing the r with arms and war materi explain, however, why a report from Jerusalem date an appeal made by the Zi to the United States to re them in exporting weapon and various countries in th 19. How can the Zionist Radio Israel announcem 12 December 1980 of the agreement with South A , entity would obtain a loan a three-year period in retu regime to invest $45 milI Palestine? The Zionist e approval for the selling o lion in South Africa. How the Zionist entity explain Times of London in Mar authors wrote a book on and South Africa ofa rocke 21. It is common knowledge that the Zionist entity is regarded as the second largest world market for diamonds imported from South Africa, some of which are imported direct and some through a third party. 22. The diamond-cutting and polishing industry is second to the arms industry in the Zionist entity and the Tel Aviv Government has allocated $100 million to develop that industry in order to enable it to compete with the European and American markets. 23. The volume of trade between the two regimes is not important in itself; what is important is that the Pretoria regime depends on the Zionist entity to defeat the resolutions on boycotting, that the Tel Aviv Government evinces its readiness to get round these resolutions, and that the Zionist entity imports m:<nufactured and semi-manufactured products from r .Jth Africa and then ;:rocesses them and exports them to international markets, including the European Common Market and the United States market. As a result of a number of financial and trade agreements between the two regimes, there is a special arrangement between them governing dual taxation, non-convertible foreign currencies and customs tariffs. 24. It may be useful to point out here that the two regimes own two maritime transport companies through which the Zionist entity can divert oil tankers to South Africa. It is quite apparent that it is a very dangerous W;ly of circumventing the United Nations resolutions aimed at the boycotting of trade relations with South Africa. 25. I must say something about the arms relationships between the two Fascist regimes because they endanger stability and security on the African continent and peace throughout the world. The Institute of Strategic Studies in London and reports in The Economist, The Financial Times and The Washington Post show that the Zionist entity continues to expand the capacity of the Pretoria regime's fleet by providing it with high-speed vessels equipped with Gabriel airto-air missiles, ground-to-ground missiles, lOS-millimetre guns, anti-tank rockets and Scorpion aeroplanes manufactured in occupied Palestine, as well as sophisticated electronic equipment for the purposes of war. 26. The most dangerous aspect of this relationship on arms between the two regimes is the nuclear cooperation and the conducting of nuclear tests in the southern part of the Atlantic. The United States Central Intelligence Agency [CIA] was well aware of those tests. The co-operation continues and as a result er from rldwide remain g space zionism e Arab I as for iD and ith the IOlitical portant spread tinents. ;papers fact. cannot pattern :st8 the tee has lioned, Imittee Davar, newsve said ~ouncil ries to Africa lid not 7tional Itioned onomy g with Africa lin the m on !ancial ~ionist s over retoria cupied obtain ~5 millive of unday Israeli Israel miles, 30. All peace-loving peoples miss President Brezhnev. On th afresh our commitment to the p mament, detente and decolo which President Brezhnev dedi 31. In speaking during this di nial question ofthe policies ofap ment of South Mrica, I should Chairman of the Special Commi Mr. Maitama-Sule of Nigeria, a the Committee for their tireles in mobilizing international action system of apartheid. 32. The year 1982 has been p sembly International Year of M tions against South Africa [ As we draw near the end momentous period, Uganda sa ples of South Africa and Narit ~h d st ~e e- ~a 34. In the face of the peoples' united and determined opposition to apartheid and colonialism, the racist Pretoria regime, in desperation, has further tightened the bolts of the repressive State apparatus; it has continued to buttress and entrench its war machine in the illegally occupied Territory of Namibia and has intensified its wars of aggression and destabilization against the independent neighbouring countries of the region. Hence, the practices and policies ofthe Pretoria regime are multi-dimensional. ~y st er ir ~e at nle al st iet ae- le et 35. Despite its attempts to project an image ofchange and relaxation of the apartheid system, the racist minority regime in Pretoria is relying more and more on barbaric forms of repression, in a futile attempt to halt and subvert the forward movement of the liberation struggle. Trade unions are trampled upon. The indefinite detention without trial of patriots has assumed unlimited dimensions, with hundreds ofthem languishing and some perishing in prisons. ~s st st ln e is- 1- :r d 1- 36. A large number ofwomen and children have been forcibly evacuated from urban areas and dumped into barren and inhospitable parts of the country, where their fate is abject poverty. Through this systematic movement ofthousands ofthe black majority, the racist minority's control over the land and wealth of the country has been consolidated. Communities have been disrupted and their capacity to resist the apartheid system undermined. 37. For the victims of apartheid, the dislocation of population has serious implications. The enforced moves mean greater distances from work and loss of access to land; for many it means the start of a life as migrant workers; and for large numbers of individuals and families the effects have been poverty and hunger. Under such conditions not only under-nourishment but many types of diseases flourish. 11 w ro 1- le r, If 38. The forcible removal and evacuation of large numbers of the population by the apartheid regime must be viewed in the context of its policy of transforming South Africa into a white man's country by , depriving the entire African people of their citizenship. The removal and resettlement of large numbers of black people has always been bound up with the establishment and maintenance of the system of racial domination in South Africa. The current policies of relocation are closely geared to the regime's desperate but ultimately futile attempts to perpetuate its Fascist rule in the face of growing national resistance and the advancing forces of liberation. 11 s :I s ID to the issue "I occupation of in flagrant violaof the Security deed, the wish of he prevarication nentation of the ndependence of md undermines :outh Africa is ~ts in Windhoek. med its represa and continues my provocation :ates, especially lla. larcel bomb in Dartheid's most member of the Africa [ANC], creeping interf violence and tes and against ave intensified. : and intensity. ign is only one Iy to transform ttleground. The i system by the mtries and the of those coun- Intext. It is not toria regime to posed to apartip in them but t propaganda of 45. The people united shall always win.

It is often with pride that we refer to many of the achievements of our civilization in the twentieth century. It is with pride that we review the history of the human race, which has struggled through the centuries to establish equitable large-scale sodo-economic and political systems befitting its particular needs in the various parts of the world. And it is with pride that we note the evolvement ofvalue systems oriented towards respect for the dignity of the individual. The human race, as one indivisible unit, despite internal conflicts which have at times resulted in mass catastrophes, has reached the stage where it can look back and appraise the history of civilization as a collective achievement. 47. We, as indiv;dual constitutellt members of the human race ana as members of the international community of nations, have every right to feel pride in the progress we have made. At the same time, however, we share a collective responsibility for our failures and the heavy burden of rectifying the evils which mar our past and our present. ~ ill-fated South 11 of Seychelles this pattern. )ite of the per- ~ illegal occupavars of aggres- 1artheid regime ertain Western 48. The evils of our civilization are numerous. But on this particular occasion, ID regard to agenda Item 33 53. It is lamentable South Africa have foun policy of apartheid d external pressure. It regretted, that the So secured the support, an lusion, of a, fortunately 54. The failure of the decision imposing com South Africa has allowe its brutal repression in sion, subversion and responsibility ofthe Go 56. We believe that the unity and dignity ofthe human race, the moral strength of our civilization and the determination to eiiminate the monstrosity that is apartheid, both as a theory and as an active politicoeconomic system, will prevail in the near future. We believe that the suffering of oppressed fellow human beings in South Africa and Namibia will soon come to an end and that their dignity, as well as ours, will shortly be restored.

Since the demise of Nazi Germany, few, if any, institutionalized social systems have attracted such international condemnation as the policy ofapartheid ofthe Government of South Africa has done. The Australian Government believes that it is right and proper that South Africa should be so condemned for its abhorrent apartheid policies. We do not believe that South Africa or anyone else can argue that for the United Nations to consider the policies of apartheid is interference in the internal affairs of that country. The practices of the apartheid regime are so offensive and their consequences so damaging, not only for the inhabitants of South Africa itself but for the stability of the whole Mrican continent that it is imperative that the United Nations continue to involve itself in the struggle against apartheid. 58. But merely to condemn apartheid is not enough. Over the years the United Nations has adopted countless resolutions in which it has condemned the Government of South Africa and called on it to cease its policies of apartheid, but these have had little or no impact. Few questions so unite the international community. But, in the current regime in Pretoria, the international community is faced with perhaps the most obstinate, blinkered and amoral Government in the world today. We are forced to the unhappy conclusion that the more the international community unites in its condemnation of South Africa, the more the ruling white minority Government seems to unite in thumbing its nose at the rest of the world. 59. The Australian Government fully supports the. legal and moral arguments aiready advanced in this debate against the continuation of the policies of apartheid. We wonder, however, whether a slightly different approach to the problem might not find more receptive ears in Pretoria; and if we are to leave open the option of peaceful change in South Africa, we believe we must not ignore those opportunities which present themselves. 61. Because of the socia equities that are an essen contains within itself the se The great fear of the Austr in that destruction not on Africa will suffer. The po strife both within South A Africa and its neighbours i shed can be to no one's adv hope of my delegation that t ment can be brought to re now pursuing so obstinately It should also realize that would not be the Armage fears. 62. The vision of' a multira in harmony with its neig moment be further from r is convinced that a large including many in the wh Africa, are aware of the po cause of the political sys they have not been able to pr towards its realization. Le that the strict application o has the unquestioning !mp community in that country. 63. We would not normall Prime Minister of South A call to the white South it must "adapt or die". B mean small adaptations at impact of apartheid rema needed is deep, fundamenta some indication of slightcha However, when one looks a South Africa at the same t think that the small chan 64. There is a place for South Africa in the international community. For the last 20 years it has forfeited that place. The international community will readmit South Africa to its company only when deep and abiding changes take place within that country. The international community does not enjoy isolating South Africa. Nothing would give the entire international community, and in particular the African continent, greater pleasure than to have a multiracial, egalitarian South Africa sitting in this chamber. My delegation does not wish to see such change brought about by bloodshed. It is within the capacity ofthe South African authorities themselves to do what is necessary for their readmission. We do not play down the internal difficulties involved. It is probably true that apartheid cannot be abolished overnight. But neither can the call for its abolition be satisfied by the sort of changes at the margin which the present authorities in South Africa have deemed sufficient for the moment. S and more al inid, it ction. s that South and South )loodrvent lvernit is esult. roach rently 65. The vision of South Africa working in fruitful co-operation with its neighbours is an exciting one. To many here it may seem hopelessly unrealistic. We understand that despair, but we are convinced that there must be an alternative to terrible bloodshed in the region. The onus is on South Africa-not on its neighbours. South Africa needs only to look around its borders to see examples of hedthy, working multiracial societies. Zimbabwe is of course the most exciting recent example of this. If South Africa feels that the international community is set against it at the moment, it is because by its actions South Africa has forced the international community into such a stance. Irking t the :ation Juals, iouth Jt beuntry )help elves 'theM white

At the outset I cannot refrain from once again expressing here publicly and forcefully my delegation's and my country's abhorrence at the apartheid system, which has been indicted from this rostrum by representatives of peace-loving countries and will continue to be indicted until it has been brought to an end. As an exi'stentialist might say, "I am free only as long as my fellow man is free". Africa cannot consider itself free as long as part of its soil remains wretchedly enslaved. II the e his that J not ~ full at is been :tion. :dby ) but : for 67. The President of ANC, Mr. Olivier Tambo, was saying precisely that when he said in Paris on 25 May 1982, on the occasion of African Liberation Day: "Southern Africa will not know eitherpeace or stability until apartheid has been destroyed." 76. That is true o tions of the Genera cil, continue to ma tions with South A justice cancels out that observe the sa the reign of aparthe 77. In this connec note that despite G (XVII) of 6 Novem lutions subsequentl South Africa and creased during the 78. In the milita country has enable Power. That co-op disturbing extent s Vorster to Israel i Africa has had deli military equipment and that advisers h that country into a tary equipment and nuclear club. There Africa today boasts arms to African Sta in the exposition of recently took place that country had no 79. Furthermore, its warlike adventu 418 (1977) had not States. The concre have therefore rem later the Security C attempted-in vain the deft.ciencies of ening the measures interests prevailed with the South Afr from committingag bouring States, w testing the arms an factured. 80. That behavio international comm suffering for the op efforts on the part o 81. All that show economic pressure lifeline of its factor of oil. That idea is trat a meeting w Nations Headquar mittee and the oil-ex ition of resolu· Security Counj military relace of law and >y those States the ending of import~mce to esolutioll 1761 relevant resolHons be;tween ve greatly inion with that world military ncreased to a 'rime Minister lCt that South , sophisticated lry technology e have turned ums and miliission into the ing that South :he supplier of ave taken part Jipment which Jovernment of ent it. have stopped lcil resolution rtain Member d in that text . Three years on 473 (1980), s to overcome ) by strengthe again selfish I co-operation did not flinch lendent neighladmitted-of it had manu- "Although Africa has been the victim of many acts of aggression and has lived for centuries in servitude, it does not base its life on enslaving others but, rather, on the burgeoning of its own creative genius, on its faithfulness to its essential values and on respect for those of others. That is why the message which it will give to the world as it gradually consolidates its independence and seeks progress will be a' message of peace, freedom, justice and solidarity." .ppointed the .and pointless ty and greater dom fighters. 88, Mr. SAHNOUN (Algeria): When look at the world today, we are indeed discourag - , so much misery and injustice and all sorts of cl. - .•ets which pit man against man. Yet we are also, as we look back at the history of man, encouraged by the ability he has displayed in facing and overcoming these challenges. , increase the :utting off the on deliveries I understand re at United ipecial Coming countries. 89. Not so long ago, one such challenge, which brought us even to the point of despair, was the phenomenon of nazism, an evil with few parallels in 91. Today, we look at t continent and see noth non in every aspect, in e The only thing that surpr us is the incredible repet ness displayed by the sa 92. Is it really necess means today to the milli it in their daily lives? I daily humiliation and brethren in South Africa ments, freedom fighters escape have given ampl apartheid and underline regimes. Only people wh see; only people who d hear. 93. We are shocked w and have seen ofaparth deaf talk of so-called p reform, of so-called monstrosity ofthe so-cal is portrayed to us as credible naivety, to say 94. In fact, Pretoria's the whites, the Coloured in three separate bodie the antique system of th this case, the indigeno slaves of history, with and they face the same tation. 95. I should like, on b to pay a tribute from and heroines inside Sou (- break these chains and end this inhuman system to a symbol of this stru Mandela, captured 20 ye ber of African States, imprisoned, with many o 96. If some are still b this evil system operate Africa, no one can cl scale aggression and S bouring countries. No South Africa's illegal a Namibia. No one is military adventures in A Seychelles and subvers and Zimbabwe. 97. The parallel with clear when we consider ~ue impeding change and encouraging aggression. 101. Their selfish interests lead them to increase every year their investments in South Africa and Namibia, because of the high profits derived from the slave system run by apartheid. The intematiC'nal community must impose comprehensh'e and mandatory sanctions ~ainst the Pretoria regime, including an effective embargo on military and nuclear co-operation with South Afr;ca, if we are seriOUSly to express our abhorrence, of and opposition to apartheid. The ml'lndatory arms embargo against South Africa imposed by Security Council resolution 418 (1977) has had litHe effect in preventing the supply of military equipment to South Africa. Israel, for instance, has totally ignored thh resolution and :1as supplied large quantities of 30phisti<.. d equipment, including missile-carrying vessc.}s. 102. Tbe continued supply by major Western Powers of so-caned dual-purpose equipment, technology and components has enabled South Africa to co&.tinue to use equipment it acquired earlier and to develop and manufacture new military equipment. 103. As I stated in the Security Council last month,2 the reinforcement and effective monitoring ofthe arms embargo is imperative. The Commiitee established by the ;Security Council in its resolutIon 421 (1977) must be reactivated and provided with all necessary , services and support by the Secretariat, under the guidance gf the Secretary-General himself, since the ·1977 resolution was the first ever adopted under Chapter VII of the Charter. 104. We attach equal importance to an effective oil embargo against South Africa as a complement to and, indeed, as an integral par. of the arms embargo. Th~ commitment of almost all major oil-exporting countries to prohkoit the supply of their oil to the racist Af;ENDA ITEM 122 Peaceful settlement of disputes between S 109. Ms. BERBERI (Sudan), Rapporteur Sixth Committee: It is my great honour and 111. In connection with the item, the Sixth Committee had before it section II of the report of the Special Committee [A/37/33], entitled "Draft Manila declaration on the pea~eful settlement of international dispntes", which was submitted by the Special Committee for consideration and adopHon. 112. In paragraph 10 of its report, the Sixth Committee recommends to the G~neral Assembly the adoption of the draft resolution contained therein and the Manila Declaration on the Peaceful Settlement of International Disputes annexed thereto, which was initially sponsored by 40 Memher States. I have just been informed by the delegation rf Panama that it wishes to join the sponsors of tbat ,;';raft resolution. 1i3. In its preamble, the draft resolution provides that the adoption of the Manila Declaration should enhance the observance of the principle of peaceful settlement of disputes in the relations between States and contribute to the elimination of the danger of recourse to force or to the threat of force, to the relaxation of international tensions, to the promotion of a policy of co-operation and peace and of respect for the independence and sovereignty of all States, to the enhancing of the role of the United Nations in preventing conflicts and settling them peacefully and, consequently, to the strengthening of international peace and security. 114. In the operative part of the draft resolution, the Manila Declaration on the Peaceful Settlement of International Disputes is approved; appreciation is expressed to the Special Comm',tee on the Charter for its important contribution to the elaboration of the text of the Declaration; the Secretary-General is requested to inform the GDvernments of the States Members of the United Nations or members of the specialized agencies, the Security Council and the International Court of Justice of the adoption of the Declaration; and, finally, it is urged that all efforts be made 80 that the Declaration becomes generally known and is fully observed and implemented. J15. The text of the Manila Declaration on the peaceful settlement of international disputes appears as an annex to the draft resolution. In the preamble, the principles of the Charter of the United Nations relating to the peaceful settlement of disputes, the non-use of force in international relati{"O""'.' and the equal rights and self-determination of ,0pIes are reaffirmed, as wen as the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordanr,; with the Charter of the United Nations. JJ7. Section 11 of the operative part tion provides, inter alia, that: first, reaffirm the important role conferred Assembly by the Charter of the Un the field of peaceful settlement and str it to discharge effectively its respo condly, Member States should strength role of the Security Council in the are ofdisputes or ofany situation the contin is likely to endanger the maintenance peace' and security; thirdly, States aware of the role of the International C their attention is drawn to the facili the Court for the settlement of legal cially since t.he revision of the rules of fourthly, the Secretary-General shoul of the provisions Qf the Charter of the concerning the responsibilities entrus should perform such other functions a to him by the Security Council or Assembly. 118. Finally, the Declaration urges observe and promote in good faith th the declaration in the peaceful sett international disputes and stresses th cordance with the Charter of the U t(' continue efforts to strengthen the peaceful settlement of disputes throu

I now draw the attention of the General Assembly to the recommendation of the Sixth Committee contained in paragraph 11 of its report. May I take it that the General Assembly decides to include in the provisional agenda of its thirty-eighth session the item entitled "Peaceful settlement of disputes between States"? It was so decided (decision 37/407). 123. .The PRESIDENT: The adoption by consensus of the Manila Declaration on the Peaceful Settlement of International Disputes will no doubt be recorded as an important contribution to promoting international co-operation in the political field and encouraging the progressive development of international law and its codification, in oursuance of Article 13 of the Charter of the United Nations. The Manila Declaration fully corresponds to the major requirement contained in Article 2, paragraph 3, of the Charter, according to which an Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. It is firmly based on one of the basic principles of the Charter, and contains a comprehensive set of provisions on this subjectmatter. 124. It is significant that the Manila Declaration , reaffirms the principle of the non-use offorce in international relations, reiterates the principle of non-intervention in the internal affairs of any other States and, last but nOt least, underlines again the paramount importance ofthe principle ofthe equality and the right of self-determination of peoples. 125. I should like to express my sincere conviction that the adoption of this Declaration will be ranked among the major decisions of the General Assembly 127. Mr. ROMULO (P extends its sympathy to Union on the passing of I. Brezhnev. The First Mrs. Imelda R. Marcos and attended the funeral join the rest of t~e wor dolences to the people of 128 The Philippines and believe in the potential of that the General Assemb Manila Declaration on t International Disputes. In marks an important ste Nations and the internat in our efforts to enhance Nations for peace-makin often, it is all very well achieve a cease-fire betwe mean little if the United N the dispute by peaceful m most of the unresolved di spots of the world and United Nations has been 129. The Manila Declar step, but only a step, to the situation, a signpost travel if we are to achiev world. It is a beginning, n The Declaration will serv mental and public opinion representative body in th new~d emphasis, attentio perfecHng the means for p national disputes. 130. Peace-making, peac form the three-legged stoo stool that must rest on equity and justice. Only m along any course without along the others. The Ma major and tangible fruit o Committee on the Charte on the Strengthening of th Both I and the Philippin l31. In my remarks welcoming the Special Committee to the International Convention Centre at Manila, I declared that many have come to believe that it is better to strengthen themselves and their capacity for war than to think of strengthening the United Nations. I also stated that a ..viable international community has certain irreducible requirements, among which are the requirement of peaceful settlement ofdisputes, the requirement of commonly agreed peace-keeping machinery, the requirement of fair and equitable representation in all the decision-making processes of the community and the requirement of equity and justice in the economic and political rights of the community." es who e adop- Ihom is ippines, of the egation Soviet Leonid ppines, foscow :md we Ir con- 132. The adoption of the Manila Declaration will unquestionably strengthen the first of these requirements, which has also been the most neglected. Just as we have adopted major and imponant elaborations of the provisions of the Charter in the Definition of Aggression and in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, among others, so this Declaration before the Assembly can assist in promoting peace-making and providing the necessary emphasis in that area. We anticipate further progress in this area in the Special Committee and in other fOlUms. Indeed, the Declaration atselfstresses the need to continue efforts to strengthen the process of the peaceful settlement of disputes through progressive development and codification of international law and through enhancing the effectiveness of the United Nations in this field. se who rejoice red the lent of aration United nerally United ad too ions to atmay 'esolve marks :rouble ch the 133. For these reasons, the delegation of the Philippines is particularly glad to be able to cnmmend the General Assembly for having adopted the Manila Declaration on the Peaceful Settlement of International Disputes, to express appreciation to the Special Committee, to request the Secretary-General to inform the Governments of the States Members of the United Nations, the specialized agencies, the Security Council and the International Court of Justice of its adoption and to urge that all efforts should be made so that the Manila Declaration will become generally known and fully observed and implemented. d as a lent of : must in this 1ation. overnemost lat re- ,0 into ,inter- 134. As States resort increasingly to negotiation or to assistance through the United Nations and its associated bodies, trust in and reliance on peaceful settlement procp.dures will grow and eventually, if followed in go.. . faith, become the norm, as they already are within all of our domestic societies. I can see no alternative if this world is to avoid eventual catadysmic disaster. I believe that the Manila Declaration is very much in the spirit of the appeal made to us by the Secretary-General in his magnificent report on the work of the Organization [A13711] ament 'ife-a nomic made :>gress e first pecial IS and ation. oured

On behalf of Socialist Republic of Romania how very pleaseu we are that has adopted by consensus the the Peaceful Settlement of Inte 137. The adoption of this Dec dinary significance in the effort ensure respect for the purpose United Nations, to strengthen and, above all, to eliminate the and promote the peaceful sett between States-which constitu facing the Organization and t ties. Meeting as it does the co report of the Secretary-Ge which a large number of delega selves during the general deba sembly-this document is of pa the present international situa characterized by an increase in sions and open conflicts, by t policy of the use and threat of f tendency to resort to violence problems. i38. The initiative taken by cerning inclusion in the agend sembly at its thirty-fourth sess the peaceful settlement ofdispu the preparation of a universal tional document, the logical out preoccupation of the foreign po endeavours of Romania and Ceausescu. has become even m international situation now co ization and mankind. The resol the highest level, and the effor President, to ensure that all d of tension and conflict betw resolved exclusively by poli negotiations, in order compl policy of force and interference 139. The adoption by consens ration on the Peaceful Settle Disputes, an extremely importa its content and, even more, nificance it acquires in the ligh situation, leads us to hope th solemnly proclaims and the co defines will b~ effectively follo States, and that the future ac izadon aimed at preventing a disputes and conflicts will beco effective, thus fulfilling condi peace and security and meetin peoples. m he ay ly m lrto ~e ly :e es m 'ile t~ ns- in is 142. The preparation anG adoption of the M~nila 149. Accordingly Declaration on the Peaceful Settlement oflnternattonal to address this As Disputes, which is one in a long line of major !egal.and African States, on political documents adopted by the Orgamzatlon smce the peaceful settl the signing of the Charter, would not hav~ been pos- The General Asse sible without the efforts and co-operation of the emnly to adopt the delegations of a great many countries. ful Settlement of 143. The Romanian delegation, which was responimportant milesto sible for this initiative, takes this opportunity to Nations. We recal thank warmly the delegations of the countries that Nations and tbe sponsored the draft Manila declaratiol',. the spons~rs tion, as enshrined of draft resolutions on the peaceful setlIement of dlsthat refraining from putes between States adopted since 1979, .and all the of resolving confli delegations which, in a spirit of co-operation, played ment of all dispute an active and constructive role in this process. peaceful means a 144. The preparation of the Declara~ion and its Charter. adoption by consensus proves once agam that when 150. In 1970, we we work in a spirit of co-operation, inspired by a ciples of Interna desire to arrive at generally acceptable solutio~s, in Relations and Cothe interest of the maintenance of peace and of mterdance with the Ch national co-operation, and with full respect for the also calls for the legitimate rights and interests ofall peoples, agreement The United Natio is possible on the most difficult of problems. ciples governing 145. We hope that the implementation by all States Manila Declaration of the provisions of the Manila Declaration on the those principles, a Peaceful Settlement of International Disputes will peaceful coex!sten contribute to strengthening world peace and security 151. For their p and give new impetus to United Nations efforts to ful- I which have been fi} its supreme mission, that of saving present and of force, contrary future generations from the scourge of war. ter-have given the 146. Mr. WABUGE (Kenya): The Charter of the of disputes betwee United Nations bears testimony to the sad fact that national relations. the scourge of two successive world wars in the first Organization 'of A half of this century brought with them numerous that organization a deaths and untold human suffering. It also contai~ls putes through peac an unqualified renunciation of war as a means of has established a M settling disputes between States, save and except in the tion Commission u 11- le Ig al Is- )f d 1- Ig It le 'e lit ts IS e h le I- II If ,-, d it it If 1- Ye 1I f characteriz~d , have caused Iman suffering the wars we {e come about s not provide 1S for settling lecause States se or threat of 'e remind ournay create can : States them- 153. The Manila Declaration on the Peaceful Settlement of International Disputes reaffirms an important principle of the Charter of the United Nations; we welcome its adoption by consensus by the Assembly. 154. Mr. ZACHMANN (German Democratic Republic), Chairman ofthe Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization: It is an honour fer me to speak on the occasion of the adoption of the Manila Declaration on the Peaceful Settlement oflnternational Disputes. I regard it as a chance to express special appreciation for the efforts made by all the members of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, who, after more than three years of intensive work, were able to present to the General Assembly at its thirty-seventh session a very positive result of their activities. Ileasure today : the group of t question of loal disputes. in order solon the Peace- :s. This is an f the United )f the United ~ its foundaill be recalled brce as a way nd the settleively through ciples of the 155. For the first time since the Specia: Committee came into being, a substantive result of its work could be submitted to the Assembly in the form of a draft declaration. An essential pre-condition for the completion of that remarkable document has been the willingness ofall members ofthe Special Committee to work together constructively, on the basis of the Charter, to adopt a realistic approach to the problems facing them and to make necessary compromises while respecting the legitimate interests of all groups of States. It was thus possible, despite the tense international situation, to find solutions to complicated questions which were acceptable to all parties. ItiOD on Prining Friendly les in accorations, which of disputes. idopted prin- :Iations. The lffirmation of erve to foster 156. I have already had occasion in the Sixth Committee cordially to thank all delegations for the constructive spirit which marked the work of the Special Committee and for the seriousness, energy and imagination, as well as good will, with which they endeavoured to overcome the serious difficulties standing in the way of agreement. I take the opportunity today to pay a special tribute to the delegations of Romania and the Philippines, to the Special Committee's Vice-Chairman and Rapporteur, as well as to the experienced and well-qualified representatives of the Secretariat for the untiring efforts they es-many of threat of use of the Char- [ul settlement in their interlarter of the members of tIe their dis- 1d, the Ot\U and Arbitracharter. The 161. I should now lik representative of the G 162. I Wish to place the Manila Declaratio consensus. My delegati of sponsors of the draf elaboration and adoptio outflow of the policy at peace, security, dete 164. The lessons which my country has drawn from the German and European history of this century include the realization that the ensuring of international security is inseparably connected with the duty to settle all international disputes solely by peaceful means. 165. The Manila Declaration ta~es its place among the large number of documents adopted by the Organization, such as the Declaration on the Strengthening of International Security, the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, the Declaration on the Dt-:epening and Consolidation of International Detente, and others, all of which tlim at consolidating and reinforcing the political and legal foundations of peaceful coexistence. We emphatically support the urgent call on all States in the Manila Declaration to observe and promote in good faith the provisions thereof. This would contribute to strengthening the only real basis for the settlement of accumulated international problems, that is, negotiations on the basis of mutual respect for the independence, sovereignty, equality and legitimate interests of all countries. In this way, solutions could be found in conformity with the Charter that would enhance the effectiveness of the United Nations. 166. Mr. ABDEL MEGUID (Egypt) (interpretation from Arabic): The General Assembly celebrates today the adoption of the Manila Declaration on the Peaceful Settlement of International Disputes, an important historical event for the consolidation of the principles of peace and justice in the contemporary world. It is also a positive step towards achieving the objectives of this international Organization, especially those embodied in the provisions and principles of Chapter VI of the Charter of the United Nations. The Declaration is a real expression of the desire-in fact, of the political will-of all States to halt the deterioration in international relations which we are experiencing at this time. It is also a declaration of the good faith of States and peoples and their desire ations, world among sents a aw and presses e estabetail. respect , which visions, es and eprovinust be ples of "good such a tionally 173. The Manila Declaration contains all the principles for and outlines all the ways and means of resolving international disputes, and we feel that we should stress the following points. First, in its international relations, Egypt adopts the policy of nonalignment and opposes all forms of hegemony, colonialism and racism. It is firmly convinced of the need to ensure justice and equality for all peoples. Hence, Egypt has always been careful to maintain a policy of non-intervention and the non-use of force in its international relations and has implemented both in spirit and in action the principle of the peaceful settlement of disputes which we are celebrating today. Secondly, Egypt attributes great importance to the right of selfdetermination, in accordance with the Charter and other international agreements, such as the Declaration on Principles ofInternational Law concerning FriendlY Relations and Co-operation among States in accordance with the Charter of the United Nations. We appeal to all countries to settle all international disputes by peaceful means, through negotiation, mediation and arbitration, and so on. The ways and means stipulated in the Manila Declaration are exampies, It is also important to highlight and emphasize that this does not affect the right of peoples to fight for self-determination and the necessity of continuing to give them support and aid in accordance with the established principles of the Charter. Thirdly, Egypt is convinced of the importance of the role entrusted to the General Assembly in the field of the peaceful settlement of disputes, in accordance with the provisions of the Charter, and the necessity of its discharging that responsibility in a more effective manner. Fourthly, Egypt also considers it important to strengthen the role of the Secretary-General so as to make use of all the powers mandated to him within the provisions of the Charter and to revitalize his role within the framework of the General Assembly and the Security Council, as required by the letter and the spirit of the Charter. Perhaps the Secrf"tary- General's report [A/37/J] submitted to the Assembly at the beginning of this session is t3e best evidence of the importance of strengthening this role in order to help the United Nations carry out its political tasks more effectively and overcome the huge obstacles which now face it, dealt with by the Secretary-General frankly and in detail in his report. For this he deserves our appreciation and encouragement. Fifthly, the Manila Declaration has established a suitable balance between the mle of the Security Council, which is the main body responsible for the maintenance of world peace and security, and the role of the General Assembly, which is the democratic body representing all nations, large and small, on an equal footing. e expe- ~ations of the ization. langers {in the its use ipment nd any nits or ited or imited, •. That of the IJstifies It is in ce into :es. of the we are nforce iltional ay be- :nt cne of the Jnited of the all the Declaeepest I deleion of :)0 the eneral Ltional iati.ve, In has Corn- 176. Mr. HELSKOV (Denm the 10 member States of th In joining the consensus on on the Peaceful Settlement o the members of the Comm they consider the adoption o crete and positive step whic was able to take as a result This result, which was gene sensus in the Special Com subject of the peaceful settle ~ncourage it to pursue the s this and other fields of its m 177. In our view, the Decla in the first place as a reaffi States of their obligations It is our hope that States w the Manila Declaration as gu settle international disputes b 178. Mr. GONZALEZ GA pretation from Spanish): Th in any attempt to strengthen ful settlement ofdisputes in g in particular, are directly rela the international community ticipating in the drafting of after year we have witne world still governed in im drawn up on the basis of d small number ofcountries, th have represented Western th of that has been ~! kind of r of those countries that hav process, which took forms r to affirm their international to the traditional rejection settling disputes. But I shoul to put it to this Assembly changed. 179. The process of codific period, and especially since significant-I would even s tance. Now it can be said areas of activity governed b of general application. Reg change has not been reflect majority of countries. They that the strengthening of th the best defence-some w defencl~-of the territorial in pendence of those countries 180. Therefore, my delegation, together with others, has insisted that the subject of the peaceful settlement of disputes should be kept on the General Assembly's agenda. even of ~pest the the cess 181. At the 1978 session of the Special Committee, when Mexico, together with the Philippines and Romania, proposed the adoption of a declaration on this subject, my country listed a number of conditions required for the adoption of a document of that kind. Now, four years later, I should like to remind the Assembly of some of them: first, the reaffirmation of the commitment to settle all disputes by peaceful means; secondly, the inclusion of a clause specifyin~ the exclusion from the appE::ation of the declaration of all matters already governed by vther agreemellts on the peaceful settlement of dis}'utes; i:hirdiy, an express proviso that the order of procedure set forth in the declaration to be adopted does not imply any particular order of priority, and the parties may ad'1pt whatever orderofpriority they deem most approp.:ate; fourthly, the proposal that when there is disagreement among the parties to a conflict as to whether a matter is one of internal jurisdiction, the question shall be referred to the International Court of Justice; fifthly, the reaffirmation of the validity of the Calvo doctrine, mentioning the need not to make diplomatic representations to protect nationals or tu invoke internalional jurisdiction for that purpose, especially when the said nationals have means of recourse to competent nati(JOaI courts available to them; and, lastly, a reference to all the options set forth in Article 33 of the Charter of the United Nations, with a note that in the· opinion of my delegation that is one of the requirements for any further progress. It is regrettable that many of those requirements have not been fulfilled. For that reason, we should like to repeat what we said at the beginning of the whole process, namely, that the Declaration is only a first step towards the possible codification in the form of a treaty of the rules applicable in this area. lfof nity. tion utes, that conittee ions. conrlant ould ts in rves :1' to law. IS of ts to Iterered ace- ~ar.s hleh par- (ear dent ules 'ya that mce part that tion ;hts, ; of 'ect, has 187. The adop resents an impo its thirty-seventh arduous process forward in the coexistence as Members of the tion of disputes 182. The Declaration that we have just adopted is an important step if it is compared, for example, to the definitiCifi of the principle ofthe peaceful settlement of disputes which is set forth in the annex to General Assembly resolution 2625 (XXV), entitled "Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in .accordance with the Charter of the United Nations". In addition, it has certain features that should be , mentioned" First, it opens the way for the Security Council to deal not only with matters which might endanger peace, but also, as paragraph 4 (b) of section 11 says, "any dispute or any situation which might lead to international friction or give rise to a d;spute". Secondly, it includes good offices as one of the means of the peaceful settlements of disputes, although they are not specifically recognized in the Charter. Thirdly, it outlines certain specific areas towards which the General Assembly should direct its 188. Now, the , putes is one of non-alignment. the strengthenin It was at the S or Government Cairo in Octobe settlement of di one of the sourc on Principles ofI Relations and C war rery )01'- tant ons tant the iom t is lole ldened now like to say n his Manual of of the few areas United Nations ecting machinery complete failure e disputes. And work. with this, they port of the Secanization, where tral role and its and serve as a lavejustadopted ;eful Settlement on welcomes the lnited Nations, t importance to lity to implement 11 settlement of lt the provisions duties of States Yugoslavia has Ilited Nations to ement of inter- Organization a lective security. e belief that all If complex, can wided there is s to the dispute of the interna- >eclaration rep- :he Assembly at lit of a long and feel it is a step lctive peaceful mitment by all e political solu- Iternational dis- If the policy of )st pertinent to tional relations. Heads of State ntries, held at tion of peaceful . This text was :he Declaration erning Friendly tates in accor- 194. That should be the point of departure if we are to achieve the peaceful settlement ofeach international 196. It is for this r of the Charter of th peaceful 'Settlement Article deals with th of force. The Secre indicated that rede Charter should comm of disputes. 197~ The Manila D and timely reaffirma must be settled by tantly, it describes implement that prin which States give ef and goals of the Un 198. The Declarati of thei:' obligation Council; the reaffirm tional Court of Just offact-finding arid th General to make full striking examples o to the needs descr Secretary-General. O compromises. It is explicit as we would settlement and the be iJ;lvolveo at an e dispute. A consensu East and West, N promise from all co promise that led to ration should itself the spirit of co-op conduct of us all. 199. We must not the Special Committ of a Declaration a eration and which adopt today. We a of perceptiveness, operation will, if Committee, lead to other areas of con gratitude for the Dec of Mexico, the Phili f im~ ,:diments which afflict all nations today, particlllarly the developing countries. The fact that, in tandem with the increased heightening of global tension, the world's economy has continued to deteriorate can only underscore the important relationship which exists between economic development and world peace. My delegation is therefore convinced that in order to reinforce our commitment to the "Today there unilateral force the scheme and the Organizatio and 138.] 207. It is this m and purposes of about a crisis of co nization to maintai General, in his an procedures and me blithely ignored an , parochial interests settlement of dispu 208. My delegati newed effort, repr towards the prohib and the settling ofa by peaceful mean Government of Sie inscription on the sion of the Assem 210. Over the years, regional organizations such as the OAU have come to play an increasing role ill the maintenance of irternational peace and security and in the pacific settlement of disputes in their respective regions. The Declaration gives recognition and encouragement to such regional bodies for their efforts. 21 I. In short, under the Declaration, States may resort to any of the pacific means fl'r the settlement of their disputes with due regard to their mutual interests and in conformity with the principles of justice and international law. The Declaration is therefore an important useful legal instrument which not onlY reaffirms the high principles of the Charter but should help to bring about international peace and stability, given the present tempo of international life. 212. In conclusion, my delegation would like to propose that, given the importance of this Declaration, which is a reaffirmation of the high principles underlying the Charter, and the solemnity of its adoption, the Manila Declaratinn should be open for signature as evidence of our determination to abide by it.

In approving the Manila Declaration on the Peaceful Settlement ofInternational Disputes, the General Assembly has taken a step of profound and historic importance. Coming after the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, the Declaration on the Inadmissibilitv of Intervention in the Domestic Affairs of States and the ProtectIon or Their Independence and Sovereignty [resolution 36//03. annex] and other related instruments, the adoption of the Manila Declaration represents a landmark in the contributions to the efforts of the Organization to maintain and strengthen international peace and security and to develop friendly relations among States. ;',," L~I z."""",~AauaQ t1kA)f,PSM;;t!\tUM4U ( AGENDA United Nations Conference respect of State Property, of the Secretary-General 216. Ms. BERBERI (Suda Committee: I have the h General Assembly the repo on agenda item 124 [A/37/5 217. Representatives will sixth session, the General A 36/H3 of 10 December 19 conference of plenipotentia draft articles on successio State property, archives a International Law Comm session, and to embody th international convention an as it might deem appropria therefore, the General A various questions relating convening of the conferenc 218. Paragraph 9 of the mittee, contains a draft re sored by 38 Member Stat adopted by consensus and by the General Assembly. I invitation extended by the hold the conference at Vien tion, and it is decided tha held there from I March t resolution refers to the Un on Succession of States in R Archives and Debts, as th consideration, the draft arti national Law Commission. organizational questions, su ti~s to be invited to attend tains various requests add General, including one fo * Resumed from the 61st meetin btt2!Mi&& a Sd costs Jraft ecial ecohave and ution bility even eans us; it 230. We look forward to the adoption of our amendment so that my delegation will be able to join in the adoption of this draft resolution by consensus. As I noted previously, we favour the convening of the Conference at hand. However, if the proposed amendment, or an improved version, is not incorporated into the draft resolution before us, my delegation will call for a vote on the draft resolution as a whole and vote agains~ it, because the fiscal integrity of the Organization must be accorded a far higher priority than it has thus far received. are nviesupsion and omtates f the

My delegation, on behalf of the nonaligned movement, wishes to put on record the position of that group of countries with respect to the amendment proposed by the United States [A/37/ L.25]. The non-aligned countries, at a meeting held this morning, decided that the amendment was not acceptable to our delegations because it creates difficulties both of a technical and political nature. ~tary ~the fthe sting 232. As representatives know and as has been sa;d in this hall today, at its thirty-sixth session the A8- sembly adopted by consensus resolution 36/113, whereby it was decided that an international conference of' plenipotentiaries should be convened in 1983 to consider the draft articles of succession of States in respect of State property, archives and debts, prepared by the International Law Commission. By the same token, the Sixth Committee adopted by consensus during the present session draft resolution A/C.6/37/L.3, by which it decided that that Conference would take place at Vienna beginning on 1 March 1983. Moreover, the Fifth Committee approved, by 62 voles to 3, with 10 abstentions, the additional appropriation that would be required for the Conference [see A/37/603, para. 3]. ainst fore ould mof )araoses isely we lard the apthat elof nme ures 233. There is therefore no justification for (he amendment proposed by the United States. Indeed, it would only create technical difficulties for the work of the Secretariat, which is bound by the constraints of time, documentation and resources, generally speaking, to such an extent that the holding of the Conference cannot be ensured in these conditions, It is obvious that this amendment revokes what is approved in the rest of the draft resolution. Obviously, the amendment also creates political difficul- Our v or cesions In ities narther agelods and 235. For the aforesaid reaso tries have decided to vote and to ask that it be rejec sembly.

T proceed to take a decision recommended by the Sixth Co ment thereto. The report of the administrative and finan draft resolution appears in accordance with rule 90 of I shall first put to the vote th just been introduced by the U [A/37/L.25]. A recorded vote

I shall now read out the names of the candidates nominated by each regi(\nal group. There are five candidates nominated by the group of African States-Algeria, the Central African Republic, Egypt, Nigeria and the United Republic of Tanzania: three from the group ofAsian States-China, Japan and Singapore; two from the group of Eastern ment thus. in in the appro- [)tion of such had the effect the United the Austrian Vienna. The ver, requires :duled date of rnment thus General Ashe necessary le!egation felt It. ';ans and other fnited NatRons aw ~ssembly ,.will mbers of the J Manual of Internation D.E. Brown. 6th edition, M 4 The de!e~ations of Sam informed the Secretariat tha the draft resolution.