A/38/PV.68 General Assembly

This morning the Assembly will hear a statement by the President of the Republic of Cyprus. 2. The representative of Turkey wishes to speak on a point of order. 3. Mr. KIRCA (Turkey) (interpretation/rom French): This is the first time a speaker has twice during the same session addressed the General Assembly as a Head of State. Turkey does not accept this practice and considers that it should not constitute a precedent, particularly since the person who has asked to be allowed to speak is not the Head ofthe State whose allegiance he claims. At most, he is the President of the Greek Cypriot Administration. 4. The Cj·)riot Constitution and the agreements of 16 August 1960 established a bi-communal Republic. That Constitution was signed both by the representatives ofthe Turkish Cypriot community and by the represent- atives of the Greek Cypriot community. Towards the end of 1963, the Greek Cypriot community sought unilaterally to amend the Basic Articles of that Constitution, which are governed by one of the same Basic Articles, despite the fact that another Basic Article stipulates that they cannot be amended. Moreover, the state ofaffairs estab- lished by the Basic Articles of the Constitution is guar- anteed by a treaty to which Cyprus, Greece, the United K\ngdom and Turkey are conttacting parties. Further- more, one of the same Basic Articles declares that the Treaty of Guarantee of 16 August 1960 1 is an integral part of the Cypriot Constitution of I!MO. s. The so-called amendments of 1963 are, therefore, contrary not only to the Constitution but also to the Treaty of Guarantee. The Basic Articles of the 1960 Constitution are not part of the domain reserved to the Republic of Cyprus; they are at the same time rules of international law. Thus, the so-called amendments of 1963 constitute a coup d'etat against the constitutional order of the Republic OY Cyprus; and at the same time they constitute a serious violation of international law that is the only real cause of the Cypriot problem. 6. By that coup d'etat, the Turkish Cypriot commu- nity was deprived ofits rights as co-founder ofthe Repub- lic, and its representatives were turned out of all the seats allocated to them under the 1960 Constitution in the legislative, executive and jurisdictional bodies of the Republic, for the sole benefit of the Greek Cypriot community. 7. Tb~ t;)erson who today claims to speak on behalf of the ~.~public of Cyprus symbolizes that act of usur- pation of the rights of the Turkish Cypriot community. Allowing such a usurper to speak from the rostrum of the General Assembly is an unacceptable act, trampling under foot principles as sacred as that of the superiority Wednesday, 23 November 1983, at 10.55 a.m. NEW YORK of the rule of law and that of the inviolability ofin.terna- tional treaties. 8. The PRESIDENT (interpretation/rom Spanish): lbe statement by the representative of Turkey will appear in the verbatim record of this meeting. 9. On behalf of the General Assembly, I have the honour to welcome to the United Nadons Mr. Spyros Kyprianou, President of the Republic of Cyprus, Md to invite him to address the Assembly. 10. Mr. KYPRIANOU: I am grateful for the privilege, which I understand is without precedent, of &ddressing the General Assembly at the same session twice. But the abominable crime committed against Cyprus, wmch com- pels me to appear before you for the second time in less than two months, is also without parallel precedent. 11. The Republic of Cyprus, a small State Member of the United Nations, a victim ofaggression and occupation by a miIitariIy powerful neighbour, Turkey, is now facing an attempted secession and dismemberment. The whole world has been shocked by the illegal and immoral act of the Turkish Cypriot leadership and the Turkish Gov- ernment. The bogus entity set up by Turkey in the occu- pied area has, naturally, legally no territory except the territory controlled by the Turkish occupation troops. It is therefore the offspring of aggression and the result of a continuing criminaIity against my country and our people. The purported declaration ofindependence ofthe occupied part of Cyprus has been universally condemned, but this is not enough in view of the perpetrators' habit ofsystematically ignoring the expressed will ofthe inter- national community and continuing unchec~ed their plans against our country, exploiting to the full the lack of effective action by the United Nations. 12. I felt that it was my duty not only tow2I'ds my country, which is struggIing for its very survival, but also towards the United Nations, whose very raison d'@tre is being so provocatively challenged, to appear today before you and appeal to you from this rostrum to act quickly and effectively, both collectively and individuallyp for the reversal and complete neutralization ofthis new Turkish attempt to destroy the unity, sovereignty and territorial integrity of Cyprus. I appeal to all of you to stand fIrmly on our side, on the side of freedom and justice, at this most crucial period in the entire history of Cyprus. 13. I appeal to you all to reject in practice, and not ill theory alone, the law of the jungle and to enforce the rule of law and the principles of the United Nations as enshrined in its Charter and enunciated in its resolutions. I appeal to all of you to do everything within your power to save Cyprus and, at the same time, the cause of the United Nations and of humanity. I appeal to all of you not to conime yourselves merely to condemning'this crime, but to act decisively to redress·the situation and restore the unity and territorial integrity of the Republic ofCyprus. I ask you all to consider seriously what might happen one day to your own countries if, through toler- ance and lack ofdecisiveness, you permit the creation of such a terrible precedent. 15. It is not my inte::t;oD today to deal with the various aspects of the Cyprus problem, of which all Members of this Assembly are well aware. I shall confine myself to the present situation. 16. The Security Council, in resolution 541 (1983) of 18 November 1983, has already deplored in unequivocal terms the declaration purporting to establish the so-called Turkish Republic of Cyprus and declared it "legally invalid". The Council has also called upon &1l States to refrain from any recognition of this ille~al entity and has demanded the reversal of this illegal act. The only coun~ try which recognized it is Turkey, the guarantor of the 1960 Constitution of Cyprus, of which I am sure you have heard, which, inter alia, ensures the unity, sovereignty and territorial integrity of Cyprus and also in connection with which there is a Treaty of Guarantee 1 under which Turkey, in addition to Greece and the United Kingdom, solemnly undertook to respect the sovereignty and unity of the Republic of Cyprus; and you have perhaps the greatest deceit of all times: a country involved in the 1960Constitution and yet destroying it. I takf: this oppor- tunity to call upon Turkey and other guarantor Powers to take action in accordance with the Treaty of Guarantee to restore the 1960 Constitution and the unity, sovereignty and territorial integrity of Cyprus as provided for in the 1960Constitution, and this is an official open challenge. 17. As I said, the only country that recognized it, the country that undertook to guarantee the unity of Cyprus, the country that recognized the secession, is Turkey, the country which through its aggression against Cyprus in 1974 and its continued occupation of 37 per cent of our territory, has been systematically pursuing, by uprooting the population from their homes and lands, by implanting settlers from Turkey in the homes and lands of those expelled, by usurping properties, by other illegal and immoral acts of which you are well aware, is systemati- cally pursuing its policy of changing the demographic character and structure of the occupied area. Why? To further its long-standing partitionist plans, which it is now finally attempting to finalize and legalize. And there is no sign-indeed, that is clear even today-up to now, up to this moment, of any intention on the part of Turkey to reconsider its stand, despite the international outcry and the mandatory nature of the Security Council's res- olutions. The whole world is at fault except Turkey. The whole world sees the situation in the wrong way except Turkey. 18. It is therefore, I submit, imperative to start consider- ing what must be done next in order to ensure the reversal and neutralization of this illegal act. The international community shou ~ j both collectively ~nd individually start examining specific measures for tht. ~'eversal of this act and for precluding the creation of a highly dangerous precedent for most of the countries of the world-includ- ing Turkey, in the final analysis-because if the argu- ments used by the Turkish Cypriot leadership and Turkey to justify this act, namely, the invoking of separate self- detennination for ethnic communities or groups within the boundaries of independent and sovereign States, were to be endorsed, a great number of Members of tbis

A year ago, as in previ~ ous years, the General Assembly, in resolution 37/37 of 29 November 1982, called for the withdrawal of foreign troops from Afghanistan and addressed an appeal to all countries involved to proceed urgently to a political solu- tion; an appeal was also made to alleviate the plight of Afghan refugees. 27. Some steps have been undertaken, but the crisis in and around Mghanistan continues unabated. It is increas- ing tension in that region and it has negative implications for the state of peace and security in the world. 28. We cannot but conclude once again that the illusion still prevails that problems of this kind can be solved by force. It is clear again this year that there can be only a political solution on the basis of the United Nations resolutions and on the basis ofthe principles of the Char- ter of the United Nations. 29. The demand for the withdrawal of foreign troops and the call for a political solution is based on the fun- damental principles of the Charter, is contained in the decisions of the Seventh Conference of Heads of State or Government of Non-Aligned Countries. held in New Delhi from 7 to 12 March 1983 [seeA/38/132 andCorr.l anol2, annex, sect. 1, paras. 114-115] and is the substance of the Declaration on the Inadmissibility of Interven- tion and Interference in the Internal Affairs of States contained in General Assembly resolution 36/103 of 9 December 1981. There are inrpany parts of the world ever more frequent cases of use of force against the independence, sovereignty and territorial integrity of countries, particularly the non-aligned countries. Those cases are a product of and a testimony to the intensified bloc rivalry and attempts at expansion ofdomination and influence of the stronger over the weaker. There are manifold attempts to justify and explain the use of mili- tary force by what is called security reasons, what is called vital interests, or just by disagreement with the political system of a country which is the object of foreign inter- vention and foreign interference. 30. We note a dangerous increase of the unilateral use of force, for so-called security reasons, vital interests, or the acceptability of a political and economic system in any given country. In this unending chain of the use of force and ofintervention, we see a dangerous development that is pushing the world towards a larger conflagration. 31. We would like to repeat here once again that the encroachment upon the freedom, sovereignty and terri- torial integrity of any independent State, wherever it may be located, is unacceptable regardless of all pretexts and attempts at justification. There is no acceptable excuse for intervention and interference, be it on whatever con- tinent or region, or anywhere in the world. 32. Arbitrary violation of the inalienable right ofevery people and country to be independent and freely to decide its destiny and way of life is impermissible. The denial of that right leads to the undermining of the basic values and non-interference. 40. The Heads of State or Government of the nOil- aligned countries once again reaff'mned the right of Afghan refugees to a safe and dignified return to their homes, and demanded an !mmediate solution !If this immense humanitarian proNem. They particularly demanded such a solution which would ensure that the 47. India's voice has been raised consistently in favour of moderation. We have persistently and consistently stressed the need to prevent the escalation of tensions in South-West Asia and to take all action to defuse them. We shall achieve nothing by confrontationist attitudes or policies. We shall achieve nothing by sitting in judge- ment or apportioning blame. What we most urgently need to do is to work for the evolution of a political solu- tion based on a dialogue between the parties directly involved, whose co-operation is essential to prevent the situation from escalating. Such an approach should look towards an eventual settlement taking into account all factors relevant to the present situation. Above all, such a political solution should be based on certain commonly acceptable elements, of which tile most important are the complete cessation of all interfere'lce and intervention in the internal affairs of States, opposition to the presence of foreign troops in any country, and the furnishing of reliable and complete guarantees against all forms of interference. 48. The Heads of State or Government of non-aligned countries, at their Seventh Conference, held in New Delhi in March 1983 [ibid.), agreed that the situation in South- West Asia carried dangerous consequences for the peace and stability ofthe region. While reviewing the situation, they reiterated their support for a political settlement on the basis of the withdrawal of foreign troops and full respect for the independence, sovereignty, territorial integrity and non-aligned status of Afghanistan, and strict observance of the principles of non-intervention and non- interference. They urged all concerned to work towards such a settlement, which would ensure that the Afghan people would determine their own destiny free from outside interference, and would enable the Afghan refu- gees to return to their homes. 49. The Heads of State or Government of non-aligned countries also expressed their appreciation of the sincere efforts made in the search for a political settlement of the situation in Afghanistan, and extended their support to the constructive steps taken in that regard by the Secretary-General. They regarded the discussions through the intermediary ofthe Secretary-General as a step in the right direction and urged their continuation with a view to promoting an early political settlement ofthe problem in conformity with the ideas and principles of the Move- ment of Non-Aligned Countries. They called on all States to exercise restraint to avoid further endangering the peace and security of the region and to take such steps as would lead to the creation of conditions conducive to stable and harmonious relations among the States of the region, based on the Non-Aligned Movement's principles of peaceful co-existence, respect for sovereignty, national independence and territorial integrity, and non-interven- tion and non-interference in the internal affairs of States. The consensus on South-West Asia adopted by the sum- mit Conference continues to remain valid and provides the guidelines for action. SO. My delegation noted with satisfaction last autumn that the discussions ofthe Secretary-General himself, and his personal representative, Mr. Diego Cordovez, had led to thy" definition of the content and scope of the issues to be/considered,; namely, the withdrawal of foriegn troops, non-interference in the internal affairs of States, pl~hensivesettlement which would lay the foundation for the promotion of good-neighbourly relations and co- operation among the States in the area and for strength- ening international peace and security in the region. 52. My delegation has examined draft resolution A/38/ L.17. Much to our disappointment, this draft resolution is more or less along earlier lines. The sponsors have desired to emphasize, as in previous years, only one uspect of the comprehensive solution, while ignoring others which are equally important and worthy of serious con- sideration. The adoption of such a one-sided resolution may again prove counter-productive. My delegation, therefore, would not be in a position to support the present draft resolution. 53. We believe that the only solution to this problem lies in following a policy of restraint and moderation and pursuing a comprehensive approach. The prospect for a satisfactory solution lies in the success of the Secretary- General's efforts. We \\<ish him success. 54. Mr. FERM (Sweden): Respect for international law is an important component of international security. For the security ofsmall and medium-sized States, respect for international law is essential, the more so if th~ smaller State is the neighbour of an overwhelmingly stronger Power. 55. A fundamental principle of international law is expressed in Article 2, paragraph 4, of the Charter of the United Nations: "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations." 56. May I point out that the principle thus expressed is not subject to contextual interpretation but is absolute. My Government views as highly dangerous any act com- mitted by any State-in contravention of that principle. Sweden has consistently spoken up in condemnation of such acts that, regrettably, have become more and more frequent. The Secretary-General warned in his report last year on the work ofthe Organization ofa new ~9. This is a flagrant example ofthe abuse by a stronger Power of its military superiorit"j in order to impose on a weak neighbour a regime or political system of the stronger Power's choice. 60. In addition, this invasion has been one of the main events which over the last few ye;;aIs have caused the deterioration of international relations to a point which is frightening to all of us. 61. The Swedish Government condemns, as it has from the beginning, the anned intervention by the Soviet Union in Afghanistan. The resolutions adopted over the years by the General Assembly identify the elements that are necessary fo: a Just solution. Above all, the right of the Afghan people to determine its own form of.government must be respected, all foreign forces must be withdrawn and the sovereignty and territorial integrity of Afghani- stan must be upheld. The millions of Afghan refugees must be enabled to return to their homes in safety and honour. 62. The most promising practical approach for the attainment ofa political solution along the lines that have been drawn up by the Assembly is represented by the diplomatic process initiated by the Secretary-General. The past year has seen some progress in those efforts. However, as the report of the Secretary-General indi- cates [A/38/449], crucialdifficulties remaintobe resolved. SwedenfullysupportstheeffortsbytheSecretary-General. My Government urges those concerned, including, nota- bly, the Government ofthe Soviet Union, to make use of the opportunity afforded by this diplomatic process. The alternative ;1) continued bloodshed, continued destruction and the continued exile of possibly a quarter ofthe entire population of Afghanistan. 63. May I reiterate in this context my Government's appreciation of the humanitarian assistance work carried out by the United Nations High Commissioner for Ref- ugees, WFP and several other agencies and non-govern- mental organizations. Continued large-scale assistance from the international community remains necessary in order to give relief to this very large refugee population and in order to ease the burden on Pakistan, which has already shown great generosity in admitting and assisting these refugees. beiweenthe continuation ofits present strategy of aggres- sion and illegal intervention and a political solution. 72. In the meantime, the tragic suffering ofthe Afghan people continues. It finds its most visible expression in the unending flow of refugees from Afghanistan into neighbouring Pakistan and Iran. Providing them with food, shelter and security places a great strain on the resources of those countries. We appreciate the sacrifices which both countries are making in extending their help to a sorely afflicted people. 73. As an expression of its solidarity with the Afghan people, the Federal Republic of Germany has made, and will continue to make, contributions towards alleviating the suffering of these people and easing the burden on the host countries. We reject all attempts to vilify this humanitarian aid. 74. We have followed with great interest the persevering efforts of the Secretary-General and his personal repre- sentative, Mr. Cordovez. We fully support the search for a political solution in accordance with the relevant resolu- tions ofthe General Assembly. We appreciate the efforts undertaken so far. Unfortunately, there has been no positive reaction from the Soviet Union 'to the decisive question which the Soviet Union has to answer in any responsibi~for the very serious deterioration in the inter- national situation, which today is a matter of concern for mankind as a whole. The persistence ofthe Soviet Union in maintaining its invasion ofAfghanistan gives us a good idea of that country's perception of the development of international policy. Jean-Fran~is Revel says \Yith unan- swerable logic that: "Territorial imperialism is being renewed, is becoming stronger and seeks to justify itself, because the further the empire extends the more threatened it is and, con- sequently, the further it must expand in order to aVllid new threats". 93. In invading Afghanistan, the Soviet Union will now automatically feel threatened by Pakistan, a country with which it formerly had no common border. This has been called the Soviet fear of encirclement, which Revel, in his book How Democracies Perish, describes as "the fmest strategic farce of modem times". Mr. Bwakira(Burundi), Vice-President, tooktheChair. 109'/iWe are convinced that the Soviet Union would haye nothing to fear from an independent and non-aligned Afghanistan. We see no reason why such an Afghanistan mitm~nt to the principle of the sovereign e.:)uality of States. This is the fourth year in which the regular session of the General Assembly has debated the situation in Afghanistan, a situation which has deeply shaken not only the peace and security ofthe region but international peace and security as well. 115. My delegation has consistently maintained that the continuing armed intervention in Afghanistan i~nstitutes a serious violation of the principle that all Members of the United Nations shall refrain in their international relations from the threat or use of force against tlle ter- ritorial integrity or political independence of any State. Moreover, the principle of self-determination of peoples, including the right to choose their own political and social system, and the principle of non-interference in the inter- nal affairs ofStates have been seriously infringed. Finally, the events in Afghanistan have also resulted in a refugee problem of considerable proportions which has ~oen causing serious difficulties to the neighbouring States, particularly Pakistan. 116. There is another aspect ofthe situation in Afghan- istan which has been the cause ofserious concern. It has gravely disturbed the relations between the two major Powers and thus aggravated the international climate. Prospects for international co-operation which would enable us to concentratejointlyon urgent global problems have been impaired. In this atmosphere, renewed and determined efforts to imd a political settlement of the Afghan question assumes greater urgency. 117. The basic elements of a political settlement include a reafrmnation and implementation of the fundamental principles which govern the orderly and peaceful conduct certainI~·reflects the extent to which the hopes and ideals accepted at the founding ofthe United Nations havebeen brushed aside. 123. It is without doubt an ominous development when a permanent member of the Security Council, a State which bears a speci?J responsibility for strengthening world peace and security, intervenes militarily in the affairs of a small, non-aligned State. The inalienable, sovereign right of every State to determine freely its political, sodal and economic systems must remain a cardinal principle of intemational law if the world com- munity is to enjoy peace, stability, and progress. 124. The fierce resistance of the Afghan people illus- trates without any shadow of a doubt their rejection of the foreign domination imposed upon them. Backed by few resources, besides courage and the determination to be free, they continue to defy the powerful forces and weapons of a super-Power. 125. The strong evidence of tlte use of chemical weap- ons against the Afghan freedom fighters adds to the inhumanityofthe cruel war ofoppression directed against them. The creation of a catastrophic refugee situation in Pakistan and other neighbouring countries is, of course, ~~tates directly involved, the Democratic Republic of fi\.fghanistan and Pakistan, initiated through the good offices of the Secretary-General, must be seen as a step in the right direction. Such negotiations open up wide perspectives for a political settlement of the existing prob- lems. What matters now is to promote this process and to prevent anything that might have a negative impact on it. At the same time, we should like to express the view that the most effective and the shortest way to achieve a solution ofthe problems would be for both sides involved to enter into direct negotiations. 143. We know very well from our own experience what sacrifices have to be made to enable social progress to be victorious over the resistance put up by imperialism. The successes won by the Afghan people in consolidating and expanding the achievements of the April 1978 revo- lution, as well the persistently growing international rec- ognition of the Democratic Republic of Afghanistan, confrrm our opinion th&i nobody will succeed in turning back the wheel of history. 144. The people and Government of the German Dem- ocratic Republic follow with great interest and sympathy the developments in Afghanistan. We can proudly say that the relations between our two States and peoples are successfully developing along the lines of the Treaty of Friendship and Co-operation that was concluded last year. W(~ should also like to take this opportunity to assure the people of Afghanistan of the active solidarity of the German Democratic Republic in their sacrifice in 158. In this context, the efforts made by the Secretary- General and his personal representative in the process of indirect negotiations between the Ministers for Foreign Affairs of Afghanistan and Pakistan have been described as very positive and appreciated by all the parties con- cerned. My delegation would like to express its deep appreciation to the Secretary-General and his personal representative. It would be desirable for the parties to c0- operate fully with the Secretary-General by demonstrating goodwill and realism, so that his efforts may be fruitful, pending direct negotiations between them. It is the task of all of us to create a favourable atmosphere and favour- able conditions for that. 159. With the President's permission, my delegation would liketo return for a momenttowhatwasstated bythe representative ofthe United States yesterday [67th meet- ing). In her statement, the representative of the United States repeated, as the present United States leaders have never stopped doing, slanderous and unfounded accusa- tions about the so-called use ofchemical weapons by the Soviet Union and some countries of South-East Asia. On this point, the whole world, including the American peo- ple, still remembers the United States chemical war in Indo-China. That vile crime having been committed and their hands already stained with the blood of several tens of thousands ofinnocent people, the United States impe- rialists, no matter what lies are uttered by their represent- atives, can never absolve or whitewash themselves, nor can they ease their conscience, if they have one. What the delegation of a small country such as mine rmds disappointing is that the representative of the greatest Power of the capitalist world should stoop to such gossip. 160. In conclusion, my delegation would like to state its opinion on draft resolution A/38/L.17. Like General Assembly resolution 37/37 of 29 November !982, it is one-sided and therefore unbalanced and lacking in objec- tivity and realism. It omits an essential point, that is, calling upon the parties concerned to embark on frank, serious and sincere negotiations in order to find a just and lasting solution of the problem. Furthermore, my delegation considers that the Assembly should henceforth remove this item from its agenda and leave it to the Secretary-General to pursue actively the diplomatic pro- cess already embarked on with the parties concerned. For these reasons, my delegation will vote against this draft resolution. The meeting rose at 1.15 p.m. NOTES 6/bid•• Thirty-sixth Year. Supplementfor July. August and Septem- ber 1981, doctunent S/I4649.