A/38/PV.54 General Assembly

Before calling on the first speaker, I propose that the list of speakers in the debate on this item be closed today at 1 p.m. It was so decided. 2. The PRESIDENT (interpretation from Spanish): I call on Mr. Mohamed Farouk Adhami of the Syrian Arab Republic, who, in his capacity as Rapporteur of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, will introduce the report of that Committee. 3. Mr. ADHAMI (Syrian Arab Republic), Rapporteur of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Grant- ing of Independence to Colonial Countries and Peoples: On behalfof the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries aild Peoples, I have the honour to introduce to the Assembly Chapter XXVI of the report of the Special Committee, relating to the question of the Falkland Islands (Malvinas) [A/38123]. 4. The Special Committee considered the question at its 1238th and 1239th meetings, on 31 August and 1 September 1983 [AIAC.I09IPV.1238 andAIAC.I091 PV.1239]. In so doing, the Special Committee was guided in particular by paragraph 12 of resolution 37/35 of 23 November 1982, in which the Assembly requested the Special Committee "to continue to seek suitable means for the immediate and full implementation of General Assembly resolu- tion 1514 (XV) in all Territories that have not yet attained independence and, in particular: "(a) To formulate specific proposals for the elim- ination of the remaining manifestations ofcolonialism and to ~port thereon to the General Assembly at its thirty-eighth session". The Special Committee also took into account the pro- visions of resolution 3719 of 4 November 1982 concerning the Territory. . 5. In connection with its consideration of the Falkland Islands (Malvinas), the Special Committee heard state- ments on the item by the representatives of the United Kingdom and Argentina, as well as statements by mem- bers of the Executive and Legislative Councils of the Territory and two other petitioners. 6. Following its consideration of the item, the Special Committee, at its 1239th meeting, on 1 September 1983, NEW YORK adopted the resolution set out in paragraph 16 of chap- ter XXVI of the report, by which the Committee, inter alia, requested the resumption of negotiations between the two Governments concerned and expressed its support for the renewed mission of good offices undertaken by the Secretary-General. 7. Mr. AGUIRRE LANARI (Argentina) (interpretation from Spanish): Argentina and the rest of Latin America have requested this debate in view of the persistence of British colonial domination of the Malvinas Island, South Georgia and South Sandwich, as well as the militaristic and expansionist policy of the United Kingdom in the South Atlantic and the intransigent refusal of London to comply with the obligations of the Charter of the United Nations and the resolutions of the General Assem- bly on the question of the Malvinas Islands, in particular resolution 37/9. 8. It is unnecessary for me to reiterate the just historical and legal titles on which Argentina bases its claim to the Malvinas Islands, South Georgia and South Sandwich. They have been repeatedly expressed in this and other international forums by successive Argentine representa- tives, whose declarations I am reaffirming now. However, I wish to recall that the Argentine rights over the Malvinas Islands have been expressly recognized by the vast major- ity of countries, including especially the countries of the Latin American region-the region of which the Malvinas Islands, South Georgia and South Sandwich are an integ- ral part-and the non-aligned movement. 9. The existence of adequate title to justify the Argen- tine claim has moreover been admitted by the General Assembly in its resolutions 2065 (XX), 3160 (XXVIII), and 31/49 and by four consensuses. These decisions con- stitute a framework for the decolonization of the Mal- vinas Islands that cannot be ignored. I will remind the Assembly what that framework is. 10. First, the Malvinas Islands are included among the colonial territories subject to the process of decoloniza- tion. It is not superfluous to make such an obvious point because the highest British authorities, even in Parlia- ment, insist on declaring that the Malvinas Islands, South Georgia and South Sandwich are "sovereign British ter- ritory". This means that the United Kingdom now seeks to annex a portion of Argentine territory situated more than 10,000 kilometres from London. In 1946, this region had been included by the British Government itself on the list of territories to be decolonized, thus recognizing their colonial condition and the absence of a territorial title upon them. 11. Secondly, the General Assembly, in 1965, recog- nized that there was a colonial situation on the territory covered by resolution 1514 (XV), which had to be ended through negotiation on the sovereignty dispute between the Governments of the United Kingdom and the Argen- tine Republic. The term "sovereignty dispute" must be understood within the context of the process of decoloni- zation. It refers to the origin of the colonial situation- the 1833 British occupation-and explains why the Gen- eral Assembly admitted that in this sovereignty dispute there were only two parties, the Argentine and British . th~ i';IJuent s~~sion. 64. My Govemment hopes that the United Kingdom authorities will ~mderstand on~e and for all that the continuance and e.1l:acerbation of ~he present confronta- tion with Argentin'a is neither realistic nor viable. The occupation of the Malvinu, South Georgia and South Sandwich Islands is as iIIfJgal today as it was in 1833, especially since this is a Territory in the process ofdecol- onization, an irreversible status it acquired as a result ()f its inclusion in the list of Territories under Chapter XI of the Charter of the United Nations, pursuant to the colonial definition adopted in General Assembly resolu- tions 2065 (XX), 3160 (XXVIII), 31/49 81Id 37/9, and because the United Kingdom accepted this solution in its note of 3 February 1967 addressed to the Secretary- General.2 65. The background I have outlined justifies ne\'" action by the Assembly, because the present conduct of the United Kingdom, which seeks to modify the colonial status of the Islands, is null and void. The least my country is entitled to ask is the active resumption of negotiations for the purposes indicated by the General Assembly. 66. Finally, I should like to point out that, as I had forecast to this body, on 30 October the Argentine people chose their Government in fair elections and with absolute freedom. A Government with sound popular support and the political pluralism shown in the composition of the Governmen~s,with the good offices of the Secretary- General of the United Nations in the context of the relevant resolutions of that Organization, particularly General Assembly resolution 37/9, is the proper way of settling that dispute on a fair anq permanent basis. "I know that our cause will continue, as in the past, to enjoy the unwavering solidarity and support of the peoples of Latin America and other countries of the world whose attitude has earned the gratitude of all Argentines." [A/38/578.] 68. This is the message of the peaceful negotiating will of the Argentine people, supported by our Latin Amer- ican brothers. Argentina is confident that it will have the understanding and support of the General Assembly in the just cause that inspires us. 69. The PRESIDENT (interpretation from Spanish): I now call on the representative of Mexico to introduce the draft resolution in document A/38/L.12, sponsored by the delegations of 20 Latin American countries. 70. Mr. MUNOZ LEDO (Mexico) (interpretationfrom Spanish): A year has elapsed since the General Assembly adopted resolution 37/9 on the question of the Malvinas Islands, sponsored by 20 Latin American countries and decisively supported by the overwhelming majority of the States Members of the Organization. 71. Bearing in mind the seriousness of the events that had just taken place in the South Atlantic as a result of the persistence of a colonial situation and the unjustified delay in the biiateral negotiations, the Governments of Argentina and the United Kingdom were urged to resume said negotiations and find as quickly as possible a peace- ful settlement ofthe sovereignty dispute over the Malvinas Islands. 72. The developments we have noted during this period are far from being encouraging. The negotiating process could not be started because of the reluctance of one of the parties to abide by the terms of the Assembly's deci- sion. We are faced with a lack of compliance with the provisions of the Charter of the United Nations, espe- cially with regard to the obligation of States ta settle disputes by peaceful means. 73. Maintenance of interna.tional peace and security is a fundamental principle of the Charter. To that end, it is essential that all Member States, without any exception whatsoever, comply WIth the decisions of the competent organs of the United Nations. 14. Resolution 37/9, which we adopted last year, expressed the will of the overwhelming majority of the international community for our Organization to partici- pate in the search for a negotiated solution. In this con- nection we requested the Secretary-General to underta:.e. a renewed mission of good offices in order to assist t1.'-" parties. 75. The results of that action aredescdbed in a report [A/38/532], which mentions the initiatives taken by the Secretary-General, including meetings with the President should yield to the arguments c £' "'eason and international law. That is the appeal which tl~e Latin American coun- tries make to the United Nations. 92. Our peoples are being pushed to the very brink of tolerance. We do not agree to rmr rights, our lands, our resources and our sovereignties being outraged to serve the purposes ofglobal conflict or strategic j,..,~ ~rests which owe much to imagination and even more tt... 'rrationality. 93. We Latin American countries are persisting in our determination to achieve denuclearization, and we want disarmament. We are undertaking great efforts to furt!v~r development and the democratic process. We offer viable and well-balanced solutions to the problems ofthe region. We are united on what is basic, despite interferences and even threats. We want independence and freedom. We must achieve them. 94. Our future, and that of all developing countries, requires the elimination of colonialism and all its vestiges. That is the central obj,:.five of our struggles and the basic reason for our militaIll.:Y in this Organization. 95. For the first time since we subscribed t~ the Charter of the United Nations, we are faced with 1.4. clear risk of a historical regression. Our aspirations for detente, peace- ful coexistence and international co-operation are being flatly thwarted by the resurgence of arm.'::d aggression, economic injustice and hegemonistic strategies that are no longer disguised. dr~.ft resolution just introduced by the representative olf Mexico which calls upon the two parties to a territorial dispute to negotiate their differences in a peaceful manner. 130. In close solidarity with the Government of Argen- tina and as one of the 20 Latin American countries, Ecuador is sponsoring the draft resolution jUilt introduced on item 25 of the agenda, as we sponsored a similar draft resolution last year,6 because we are convinced of the justice of the cause of the sovereignty of a sister State and the territorial integrity of Latin America, which is afflicted today by illegal colonial enclaves in a manner inadmissibl~ in the era of the United Nations. 131. The President of our country, Mr. Osvaldo Hurtado, addresstng the current session of the General Assembly, reaffirmed that "Ecuador lu!s maintained, and will continue to advocate, the imperative need for an end to colonial intervention in the Malvinas Islands . . ." [12th meeting, para 20.] 132. In that regard, the Government of Ecuador has always rejected the acquisition of territory by force and, in calling for the withdrawal of the forces of occupation of various countries and territories-a question which is on the agenda of the current General Assembly-has pointed out that no occupation can legitimatize situations or change the law, no matter how long that occupation- which is really usu~'pg,tion-has lasted. 133. With regard to the definition of the territorial positions of the Latin American Republics, the interna- tionalists of our region adhere to the principle of uti possidetisjuris of 1810, a.ccording to which every country that actJeved independence early in the nineteenth century had to comprise everything included in the corresponding colonial district, in accordance with the territorial delim- itations ofthe time. This prevented any division, separa- tion, or dismemberment of the former Spanish jurisdictions. Thus, the Spanish governors of the Mal- vinas were succeeded after 1773 by the Argentine military commanders and governors in a.process of continuity clearly based on that principle. 134. Itis furthermore intolerable for a Latin American country,'within its own continent, which clearly defined in fundamental instruments such as the Inter-American "Reaffirming the purposes and principles of the Charter of the United Nations relating to the duty of all States to refrain from the threat or use of force against the sovereignty-" 152. T~e PRESIDENT (interpretationjrom Spanish): I must inform the representative of the United Kingdom that the 10-minute limit is up. You will have the occasion to speak at an appropriate time. 153. Mr. MUNIZ (Argentina) (interpretation from Spanish): Due to the late hour, I shall not respond in detail to the remarks by the representative of the United . Kin8dom. I wish only to state clearly that the opinion expressed by th~ Minister for Foreign Affairs of Argen- tina is shared by the entire people of my country-by all political sectors-and has also been clearly expressed by the new President of the nation. It is a national sentiment, upheld not only by Argentinians but also by all Latin American countries, which have clearly confirmed their unconditional support for this matter, not only last year in the General Assembly but also at the current session of the General Assembly by co-sponsoring the draft resolution. 154. Tomorrow I shall refer to the comments made by the representative of the United Kingdom. 155. Sir John THOMSON (United Kingdom): The representative of Argentina has just made a more impor- tant statement than perhaps he realizes. My Government is well aware of the general attitude of the population of Argentina. But we do not believe that every Argen- . tine Government would behave like the present military NOTES 1See C'lficiolRecordsofthe GeneralAssembly, Twenty-first Session, Annexes, agenda item 23, document Al6628, para. 13. 2Ibid., Twenty-second Session, Annexes, agenda item 23, docu- ment A/6662. 3Ibid., Twenty-third Session, Plenary Meetings, 1744tb meeting, para. 35. 4United Nations, Treaty Series, vol. 634, No. 9068, p. 326. 5See OfficialRecords ofthe GeneralAssembly, Thirty-seventh Ses- sion, Supplement No. 1, p. 2. 6Ibid•• Thirty-seventh Session, Annexes, agenda item 135, docu- ment A./37/L.3/Rev.1. 'United Nations, Treaty Series, vol. 21, No,. 324, p. 93.