A/38/PV.59 General Assembly

The people and Government of Bolivia have constantly and faithfully supported the Argentine cause in regard to its claim of sovereignty ovc;r the Mal- vinas Islands. This support does not stem from a mere rhetorical solidarity between two sister peoples linked by geography and history; rather, and above all, it stems from the conviction that there are no legal, political or moral bases for continued possession by the United King- dom of these islands, which were occupied by the use of force. 2. We maintain that the British occupation of the Mal- vinas Islands constitutes a vestige of colonialism which must be removed. The Government ofBolivia hopes that the United Kingdom will accept the General Assembly resolution in which the occupation of these islands is declared to be a colonial sit1,lation subject to the Trustee- ship System and the principles of resolution 1514 (XV) must therefore apply to it. While I am at this rostrum, I take the opportunity of reminding the Assembly that Bolivia worked with the rest of Latin America to ensure the adoption of resolution 1514 (XV), in the preamble to which the General Assembly recognized that "all peo- ples have an inalienable right to complete freedom, the exercise of their sovereignty and the integrity of their national territory". We maintain that self-determination is thereby granted to the original population ofa Territory and that in no case can this be converted into a right of inhabitants, or their descendants, artificially implanted by a Power that removed the original population by force of arms in order to consolidate its territorial aggression. We fully understand the concern ofthe United Kingdom about the fate of the population of the islands. We are convinced, however, that the well-being and happiness of that popuiation will not be affected by the return of the Malvinas Islands. 3. I do not believe it is necessary at this time to go into the historical and legal background of the problem, since that has been done with great clarity by the representatives who have already spoken. 4. I express my gratitude to the Secretary-General for the efforts he has made in fulfilment ofGeneral Assembly resolution 37/9, and I regret that so far, as we note in do.cument A/38/532, the negotiations have not resumed. 5. At the thirty-seventh session [84th meeting], the.Pres·· ident ofBolivia stated in this Assembly that the reintegra- tion ofthe Malvinas Islands into the Argentine Republic was a continental and international cause. I would add that if this dispute is to be solved in accordance with the *Resumed from the 57th meeting. NEW YOlK principles of the Charter of the United Nations it is essen- tial that the parties involved undertake negotiations aim- ing at a peaceful settlement. To that end, it is essential to use the good offices of the Secretary-General to enable a constitutional and democratic Argentina to meet at the negotiating table with the United Kingdom. 6. The Organization of American States, in its resolu- . tion 595, expressed its support for General Assembly resolution 37/9 and called on the Governments of the Argentine Republic and the United Kingdom to resume negotiations in order to find a peaceful solution to the sovereignty dispute as rapidly as possible. 7. The installation in the Malvinas Islands of military bases with a nuclear potential is a constant concern to Bolivia. We believe that this constitutes an affront not only to the Argentine Republic but also to the Latin American community and is a threat to international peace and security. 8. As a country that is a sponsor of draft resolu- tion A/38/L.12, Bolivia is convinced that the Govern- ments of Argentina and the United Kingdom will reach an agreement that will make it possible to find ajust and lasting solution, in conformity with the principles ofinter- national law. 9. Mr. ALBAN-HOLGUfN (Colombia) (interpretation from Spanish): The return to Argentina of effective sov- ereignty over the Malvinas Islands is a cause suppor~ed by all Latin America, including Colombia. 10. It is well known that the Declaration on the Grant- ing of Independence to Colonial Countries and Peoples, contained in resolution 1514 (XV), was a basic landmark and a decisive instrument in the decolonization process. In the context of that resolution, the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples considered the question of the Malvinas Islands for the first time in 1964. On that occasion Argentina, with indisputable justitication, demanded the re-establishment ofits territorial integrity through the return ofihe Malvinas Islands. It maintained that the indiscriminate application of the right to self- determination to Territories inhabited by nationals of the colonial Power that had occupied those Territories ille- . gally, by force, should not be used to transform illegal possession into full sovereignty. It stated also that it took into particular consideration the material interests and the well-being of the population of the islands. 11. The recommendations and conclusions adopted by the committee on decolonization were repeated by the General Assembly ~n its resolution 2065 (XX), adopted by an overwhelming majority in December 1965. In that resolution the Assembly reiterated that an end must be put ever.ywhere to colonialism in all its forms; it noted the existence of a dispute between Argentina and the United Kingdom concerning sovereignty over the Mal- vinas Islands; and it invited the two parties to proceed without delay to negotiations, bearing in mind the pro- visions and objectives of the Charter of the Un~ted Nations and the interests ofthe population of the islands. , ,.Any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and prin- ciples of the Charter of the United Nations." 13. On the basis of that ;~esolution, the two countries agreed to hold conversations, which took place in London in July and November 1966 and continued in 1967. In August 1968, the two delegatiiJns drew up the final text of a memorandum of understanding which established the recognition of Argentine sovereignty on the part of the United Kingdom, as soon as the guarantees and safe- guards-which the Argentine Goverment undertook to. provide to the island population-were consid~redsatis- factory. The United Kingdom, however, rejected the memorandum, and this rejection brought the negotiations to a standstill for five years. 14. Various resolutions have been adopted since that time. In December 1973, the General Assembly adopted resolution 3160 (XXVIII), in which it stated its concern over the lack of substantial progress, and declared once again the need to accelerate the negotiations between the two Governments. All these documents, in their operative part, recall the respect for the territorial integrity of Argentina. 15. In similar terms, General Assembly resolution 31149, adopted in 1976, for the first time reflected the decisions taken by the Non-Aligned Movement, a Movement which since 1975 has given its unfailing support to Argentina's claim for the restitution of a territory of which it had been robbed. 16. The opposition to colonialism is a constant element in th~ foreign policy of Colombia. No substantive rea- sons, no considerations of defence, no argument, how- ever plausible, could be advanced to persuade modern man that it is acceptable to maintain colonialist enclaves anywhere in the world. Indeed, the logic of the historical and political past has always pointed to and will finally result in their total elimination. 17. The work of the United Nations in the historical process of eliminating colonial empires has been very fruitful. This stems from the letter and the spirit of the Charter and meets one of the great aspirations of the international community. Both in the Unitl:.d Nations and in the regional organization of the American States, Colombia has defended the principle of the non-use of the threat or use of force in international relations, and of the peaceful solution of disputes between States. Our delegation is concerned with the intention to establish permanent military bases and installations in the islands, because this may lead to inadmissible PHlposals for a prolongation of the colonial situation that will convert these bases into part of a global strategic system and create a further source of East-West confrontation, in open violation of the resolutions of the General Assembly and of international treaties in force for Latin America, and in conflict with the interests, the aims and the wishes of the peoples of Latin America. We are still convinced that a peaceful agreement is possible through constructive negotiations directed to a just, lasting and satisfactory 36. There is therefore no need for me to reiterate the historical and legal bases on which Argentina's aspiration to recover its sovereignty over the Malvinas is founded and to which other delegations have made reference. I should merely like to recall that at the very moment it gained independence Argentina inherited, \\ith no break in continuity, the territorial jurisdiction and sovereignty which since the sixteenth century had been exercised by the Spanish Administration. At no time did the new State renounce that right. When the United Kingdom occupied the islands militarily in 1833 the ArgentineAdministration demanded, as it has continued to do since that time, restitution of its territories. 1 donal community undertook to maintain peace and to solve the problem. The Security Council adopted resolu- tions 502 (1982) and 505 (1982), while the General Assem- bly adopted resolution 37/9. 52. General Assembly resolution 37/9 contains, in the view of the majority of Member States, including Yugo- slavia, all the fundamental principles upon which a just and lasting solution to the problem of the Malvinas Islands should be based. Starting from the fact that this territory is on the list of non-self-governing territories of the committee on decolonization, it stresses that the main- tenance of colonial situations is incompatible with the United Nations ideal of universal peace. It requests the two Governments to find as soon as possible a peaceful solution to the sovereignty dispute through negotiations, with the assistance of the Secretary-General, taking due account of the interests ofthe population. Previous rele- vant resolutions of the General Assembly are recalled, as well as the principles of the Charter of the United Nations concerning non-use of force and peaceful settle- ment of international disputes. 53. This indeed constitutes the only possible, acceptable and realistic way to solve the problem. Further confir- mation of this view was given at the Seventh summit Con- ference of Non-Aligned Countries, held in March this year in New Delhi, where Heads of State or Government expressed themselves in favour of th~ same procedure and the same principles. They reiterated their firm support for the right of Argentina to have its sovereignty over the Malvinas Islands restituted through negotiations and they urged that these negotiations between the Govern- ment of Argentina and the Government of the United Kingdom be re-opened with the participation and good offices of the United Nations Secretary-General, and they reaffirmed the need for the parties to take due account of the interests of the population of the islands. 54. The-report of the Secretary-General [A/38/532], in pursuance of resolution 37/9, shows that in spite of his renewed mission of good offices and the extensive 1~"7. 1:1 conclusion, my delegation will vote against this dIu~t resolution because it is contrary to the Charter of the United Nations and because in this day and age it shows an unacceptable contempt for the wishes of the people concerned. 148. . .le PRESIDENT (interpretation from Spanish): Before proceeding to the voting I have to jnform the Assembly that the Secretary-General has indic2ted that he does not foresee financial implications in tht' imple- mentation of draft resolution A/38/L.:i2 and that ~hould a change in circumstances require the incurring ofexpend- iture he would, with the concurrence of the Advisory Committee on Administrative and Budgetary Question.s, seek the necessary provision of funds under the resolution on unforeseen and extraordinary expenses. 149. The Assembly will now take a decision on draft re:;- olution A/38/L.12. A recorded vote has been requested. A recorded vote was taken. In favour: Afghanistan, Albania, Algeria, Angola, Argentina, Austria, Benin, BoliviaD Botswana, Brazil, Bulgaria, Burundi, Byelorussian Soviet Socialist Repub- lic, Cape Verde, Central African Republic, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cuba, Czecho- slovakia, Democratic Kampuchea, Democratic Yemen, DominicanRepublic, Ecuador, Egypt, El Salvador, Equa- torial Guinea, Ethiopia, Gabon, German Democratic Republic, Ghana, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, India, Indonesia, Iran (Islamic Republic of), Iraq, Ivory Coast, Japan, Lao People's Democratic RepubJ!~, Libyan Arab Jamahiriya. Madagascar, Malaysia, Mali, Malta, Mauritania, Mexico, Mongolia, Morocco, Nicaragua, Nigeria, Pakistan, Pan- ama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Romania, Rwanda, Spain, Suriname, Syrian Arab Republic, Togo, Tunisia, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Republic of Cameroon, United Republic ofTan- zania, United States of America, Upper Volta, Uruguay, ~ppropriate confidence-building measures, such as an t.:<ficial declaration on the cessation of hostilities, might pave the way for such negotiations. 1,70. Ms. ~UALA (Samoa): We believe that the par- ties to any dispute should be encouraged to negotiate settlements of their difficulties. However, we abstained last year in the voting on the Falklands resolution because we did not feel that the negotiations envisaged in that resolution took sufficient account of issues we consider to be of major importance. We refer in particular to the need to assess the genuine wishes of the people of the Falklands with regard to their future. 171. We have abstained again this year for the same reasons and with even greater reservations on this score. 172. Mr. KURODA (Japan): The basic position of the Government of Japan with respect to the question ofthe Falkland Islands (Malvinas) can be summarized in the following three points: first, the parties concerned should seek a peaceful settlement of the conflict through negoti- ations; secondly, the principle of non-use of force should be observed; and thirdly, my Government is not in a position to make a judgement on the claims of territorial rights. 173. My Government supported the draft resolution which was just put to the vote because, like last year's resolution on this issue, it accords with Japan's funda- mental position that any international conflict should be settled through peaceful means. 174. Japan strongly believes, however, that the attempt made in April last year to settle the sovereignty dis- pute concerning the Falkland Islands (Malvinas) by for.:e must never be repeated. Japan thus attaches particular importance to the latter part of the eighth preambular paragraph and the tenth preambular paragraph of the resolution, and on this occasion once again strongly appeals to Argentina to respect the principle of non-use of force. 175. Resolution 38/12 crJls for the settlement of the dispute through negotiations. Japan recognizes, however, that if these negotiations are to be genuinely fruitful, it will be necessary to create a more favourable atmosphere in which the parties to the dispute can hold their talks peaceably. We hope that the parties concerned will work in good faith towards this end. 176. Mr. AL-SABAH (Kuwait) (interpretation from Arabic): My delegation abstained in the voting on draft ~wo Governments, with the good offices of the Secretary- General, constitute the proper way of settling this dispute on a fair and permanent basis. The reaffirmation of the principle of non-use of force and peaceful settlement of disputes underscores what we assume to be the firm intention of the freely elected Government of Argentina to seek a diplomatic solution to its differences with the United Kingdom. 180. The time has come for both parties to make a fresh attempt to settle their conflict over the islands peacefully. In the light of Argentina's stated recognition that hostil- ities in the area have come to a close, my Government feels entitled to turn to the other party to the dispute and ask the Government of the United Kingdom to be pre- pared to negotiate seriously with Argentina with a view to reaching a diplomatic solution to the differences, in the spirit of the Charter of the United Nations. 181. In this regard my Government welcomes the report of the Secretary-General, in which he clearly reiterates his readiness to assist both parties to resume a dialogue that can contribute to a normalization of the situation in the South Atlantic, thus opening the way to a lastii1~ solution of the problem. 182. We do recognize, however, that the people of the Falkland Islands should be able to exercise, at an early stage, their right of self-determination in accord- ance with the Declaration on the Granting of Independ- ence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV). The Charter of the United Nations and the Declaration provide the only authoritative guidance on the process of decolonization. In this respect my Government welcomes Argentina's readiness to include in the draft a reference to the interests of the islands' population. 183. The Netherlands looks forward to reconciliation between two countries with which we entertain close and deep-rooted bonds of friendship. 184. Mr. JAMAL (Qatar) (interpretation/rom Arabic): The State ofQatar firmly believes in the principle of non- use of force in international relations, a principle that has a direct bearing on the maintenance ofinternational peace

The events which lie at the root of the question just concluded,'to wit, the action by the armed forces of Argentina on 2 April last

TheAssemblywill now resume its considerationofagenda item 37. 215. The item entitled "Question of peace, stability and co-operation in South-East Asia" which was included in the agenda on the initiative of Viet Nam and which we have been considering for the past several years, should have been regarded as an important item with profound and lofty objectives. My delegation would have no diffi- cultyin supporting these objectives because we all aspire to and dream of lasting peace in our region. There could be no objection to the principles and ideals clearly enun- ciated in the Charter of the United Nations. 216. Who could object, for instance, to the principle of respect for the independence, sovereignty and territo- rial integrity of each country in South-East Asia and for non-aggression, equality, co-operation and coexistence among them? It is when one scrutinizes the situation in South-East Asia today, particularly the situation in Kam- puchea, and how these principles are being applied in practice, that difficulties arise. For can we honestly now talk of peace, security and co-operation in the region when the sovereignty, independence and territorial integ- rity of a sovereign State among us have been violated? Can we be genuine in our desire for stability and co- operation when the people of Kampuchea have been deprived of their fundamental rights to choose freely their own form of government and their own domestic and foreign policies? Indeed, if we all seriously desire to discuss the question of peace, stability and co-operation in South-East Asia realistically, then the situation in Kampuchea resulting from foreign aggression and con- tinued foreign 'llilitary occupation, which are the root cause of the present tension and instability, would have first to be removed. 217. The goals of peace, stability and co-operation in South-East Asia lie at the heart of the proposal of the countries members of ASEAN for the zone of peace, freedom and neutrality. Such a zone of peace, in our view, would eliminate super-Power rivalry for spheres of influence, thereby preventing the region from being embroiled once again in conflicts which are not of our own choosing, and would provide for the region the necessary framework for national and regional security and for progress and development. But before this could be achieved there must be readiness on the part of all to live up to the lofty ideals ~d principles of international relations, inter alia, the security of national sovereignty, territorial integrity, the non-use of force andpeaceful settlement ofdisputes. These are fundamental ingredients necessary to facilitate the development of mutual trust and confidence among ourselves. The invasion of Kam- puchea by Viet Nam delivered a set-back for such trust and confidence and undermined directly the basic tenets enshrined in the concept of peace, freedom and neutrality. 218. The communique on South-East Asia contained in the Political Declaration issued by the Seventh Con~ ference of Heads ofState or Government of Non-Aligned Countries, held at New Delhi from 7 to 12 March 1983, recognized the deteriorating situation and urged the States in the region to undertake a dialogue which would lead to the resolution of differences among themselves. It should however be clearly recalled that the Heads of State or Government also urged the withdrawal of foreign forces and the right of self-determination of the Kampu- chean people [A/38/132, annex, chap. I, paras. 112-113]. Ifthe recommendation of New Delhi is implemented in toto we would have removed the main impediment to peace, stability and co-operation in South-East Asia. We therefore urge Viet Nam to implement this communique in its entirety. We cannot ignore the existing source of tension in South-East Asia which emanates from the continued presence of foreign forces in Kampuchea. . 219. Recently the ASEAN Foreign Ministers, in their desire to restore peace and stability in our region, issued 00 appeal for Kampuchean independence [A/38/441, annex] in which they stressed that the central issue in the Kampuchean problem is the survival ofthe Kampuchean nation and the restoration ofits independence and sover- eignty. ASEAN has called upon Viet Nam and other interested parties to join it in intensifying efforts to achieve a just solution and has proposed possible initial steps that could be taken in pursuit of such a compre- hensive political settlement. This appeal, which con- stitutes a realistic framework within which a durable solution to the Kampuchean problem can be worked out, has been well received by the Kampuchean people and by the international community at large. 220. The appeal called upon the international com- munity, and particularly Viet Nam and the five perma- nent members of the Security Council, to make concerted efforts to seek expeditiously for a just solution to the Kampuchean problem so that that country could once again emerge as a truly independent and sovereign nation. In the appeal the ASEAN Foreign Ministers urged all countries concerned to refrain from all interference, direct or indirect, in the internal affairs of Kampuchea, which is essential and relevant to the legitimate security concern of all countries in the region. It is only through this approach that peace, stability and co-operation in South- East Asia can become a reality. We hope that Viet Nam and Laos will examine this appeal and recognize its constructive elements. 221. We are all aware of the formation of the Coali- tion Government of Democratic Kampuchea under the leadership of Prince Norodom Sihanouk. The Coalition is significant for a number of reasons. It signalled the unity of the Kampuchean people in liberating their coun- try from foreign invaders. It nullified the claim that the regime of Heng Samrin is in complete control of Kam- puchea. But, more importantly, it set up the basis from which co-operation and compromise between the dif·· ferent political groups in Kampuchea can be encouraged to work towards the goal of national reconciliation. This fact is recognized by a large majority of nations, to the extent that the credentials of Democratic Kampuchea to the thirty-eighth session of the General Assembly were for the iust time unchallenged. We see this as a positive sign indeed. region, reqUIre most of all peace and secunty. Here IS another field where the United Nations can make its contribution. This presupposes, above all, recognition of the realities and the removal of unfounded distrust and ofignorance and hostility. In order to remedy the situa- tion it is imperative to adopt an approach based on the legitimate interests of all the States and peoples in the region. 235. Regrettably, the world Organization has failed to measure up to this task so far. In the United Nations .the Government of the People's Republic of Kampuchea is still denied the possibility of taking its rightful seat as the sole legitimate representative of Kampuchea. 236. The continued participation of the representatives ofa reaction~"Y coalition in the General Assembly marks the memory of the millions of victims of Pol Pot's terror. 241. If a sense of patience, realism and responsibility prevails on all sides, this policy is capable of leading to the establishment of a zone of peace, stability, friend- ship and co-operation in South-East Asia. Mr. Illueca (Panama) resumed the Chair. 272. My delegation wishes to pay a tribute to the Sec- retary-General for the personal, patient and tenacious efforts that he persistently makes to promote the opening of a dialogue and constructive negotiations between the countries of Indo-China and those of ASEAN. At the same time, we appeal to all the States Members of the United Nations to encourage between the two groups of The meeting rose at 7 p.m. NOTE