A/38/PV.82 General Assembly

My delegation has studied very carefully the report of the Committee on the Exer- cise of the Inalienable Rights of the Palestinian People [A/38/35] and other documents on this item. I wish to pay a well-deserved tribute to Mr. Sarre, of Senegal, the Chairman, and to the members of the Committee for their untiring efforts aimed at the restoration of the inalienable rights of the Palestinians. 2. For over 36 years, the General Assembly has con- tinued to deliberate on the question of Palestine. Num- erous resolutions have been passed calling for the res- toration of the inalienable rights of the Palestinians. Considerable efforts have been exerted to find a peaceful solution to the conflict in the Middle East, of which the question of Palestine is the core. All these efforts have been unsuccessful preciselybecause ofIsraeli intransigence. 3. General Assembly Resolution 181 (11) of 1947, from which Israel derives its existence, required the establish- ment of a Palestinian Arab State. Israel was required by the United Nations, as a condition of its creation, to agree to the United Nations partition plan for Palestine. How- ever, right from its inception, Israel deliberately began violating the undertakings it had freely entered into. It has since then pursued a policy of expansion and aggres- sion against the neighbouring Arab States and undertaken a campaign to liquidate the Palestinian people and their cause. The Israeli design has been to swallow up all the lands the United Nations partition plan had earmarked for the Palestinians. 4. Ever since the invasion of Lebanon by Israel last year, the situation in the Middle East and the occupied Arab territories has continued to be tense and turbulent. Taking advantage of the international community's preaccupa- tion with events in Lebanon, Israel has been implementIng measures aimed at annexing the territories. The scope and depth of human rights violations by the occupying authorities have increased. There exists a vicious circle in which Israeli repression provokes resistance which, in turn, results in further repressive measures. 5. Israel has launched a total effort to erode the Arab character of the territories. Through expulsion, depor- tation and other repressive measures, the indigenous Arab population is being forced to abandon its lands, which are then expropriated and used for establishing massive Israeli settlements. The Israeli leaders do not bother to hide their plans for increasing the number of Israeli Monday, 5 December 1983, at 11 a.m. NEW YORK settlers in the occupied Arab territories. By the end of 1982, they numbered 140,000. According to existing plans, the population of Israeli settlers will increase to 400,000 in five years and to lA million by the end of the century. This points to a clear intent to annex the Palestinian territories. 6. The lesson of the Israeli invasion of Lebanon is that brute force cannot extinguish the spirit of freedom which inspires the Palestinians in their struggle for their in- alienable rights. Despite the ferocious Israeli onslaught, the objective of which was to provide a final solution with regard to the Palestinians and their cause, the struggle spearheaded by the Palestine Liberation Organization [PLO] cind supported by all peace-loving States continues unabated. 7. In the past, Israel pretended that it was only holding on to the Arab territories for bargaining purposes. It claimed that it was ready to return the occupied Arab and Palestiulan lands in the context of a comprehensive solu- tion in return for recognition and genuine peace. Clearly, the annexation of Jerusalem and the Golan Heights and the current policy of settlement in the West Bank and in the Gaza Strip have unmasked Israel's true designs. Apparently, the only solution Israel desires is one which would confer on Israel title to the lands it has illegally grabbed. The international community can no longer be hoodwinked by Israeli protestations of peace. 8. We meet in the aftermath of a momentous confer- ence in the history of the Palestinian struggle. The International Conference on the Question of Palestine, held in Geneva from 29 August to 7 September 1983, gave a valuable opportunity to the international community to deliberate on all aspects of the problem. The Con- ference was successful in that it increased international awareness of the plight of the Palestinians and their just cause. It succeeded in keeping the question high on the international agenda. The Geneva Declaration on Pales- tine I and the Programme of Action for the Achievement of Palestinian Rights, I both of which were adopted by acclamation, icpresent an important landmark. They are a clear message to Israel and its supporters that the international community will not countenance its tramp- ling on Palestinian rights. The main decision contained in the Declaration is the convening of an international peace conference on the Middle East in which all the parties concerned, including the PLO, would participate on an equal basis. We believe that this is a positive step. We would build on the momentum created by the Con- ference to achieve further progress. 9. The Arab countries and the P,LO, by adopting the proposals made at the Twelfth Arab Summit Conference at Fez in September 1982,2 demonstrated courage and their willingness to address the genuine concerns of Israel. Furthermore, other world leaders have put forward pro- posals for a peaceful settlement. It is to us a matter of deep regret that the response of Israel to the various proposals has been negative and provocative. We believe that the conference caHed for in the Declaration offers a good opportunity for finding a lasting and just peace. consolid~\tethe Islamic front. 32. As the Holy Koran says (all Moslem countries should remember the verse): "Oh, you who believe, take not for friends and protectors those who take your faith for a mockery or joke, whether among those who received the Scripture before you or among those who reject faith." [Surah V;. 57.} Remember the verse. Surat AI-Ma'edah goes on to say that whoever takes them for a friend, he is one of them, and God does not guide him because he is unjust and God does not guide the unjust. But there are some who try to find excuses for deviation from the Islamic norm in their foreign policy. As the Holy Koran says: "But you will see those in whose hearts is a disease, how eagerly they run about amongst them saying 'We fear lest a change of fortune bring us disaster'." [Ibid.: 52.] They can be seen now rushing towards the United States, toward~ England, towards France, towards Russia, to- wards every centre of infidelity. Why? Because, devoid of faith in God, they do not hesitate to befriend the enemies of God. They give excuses-that they want Mirages, Super-Etendards, AWACS aircraft, Scud mis- siles, loans and whatever. They literally depend on them and take them for friends. Therefore, they are of them. 33. God has ordered all the Muslim countries, from Bangladesh to the Western Sahara, to follow the follow- ing verse: "And why should you not fight in the cause of God and those oppressed men, women and children whose cry is: 'Our Lord! Rescue us from this town, whose people are oppressors, and raise for us from Thee one who will protect and raise for us from Thee one who will help.' " [Surah IV;· 75.] The Islamic duty is explicit and explicitly defined: "If, then, anyone attacks you, attack him in like manner as he attacked you, fear God and know that God is with those who restrain themselves to His obedience." [Surah I/: 194.} It means the Zionist enemy has occupied your Muslim land and has forcefully expelled your fellow Muslims from the homeland. The enemy has killed you inside 51. This has been the position of the Movement of Non-Aligned Countries, a position fully shared by the Government of the Republic of Cyprus, which has spared no effort in extending all possible support to the th~ expropriation of land and property situated thereon, and in particular the so-called "Basic Law" on Jerusalem and the proclamation of Jerusalem as the capital of Israel; sixthly, the right of all States in the region to existence within secure and internationally recognized boundaries, with justice and security for all the people, the sine qua non of which is the recognition and attainment of the legitimate inalienable rights of the Palestinian people, as stated in the first guideline to which I have referred. 59. The Conference considered that an essential element for achieving a comprehensive, just and lasting solution to the Arab-Israeli conflict was the establishment of an independent Palestinian State in Palestine. 60. The Government and people of the Republic of Cyprus will continue to lend their full support to these guidelines and to the just cause of the Palestinian and Arab people until Israel withdraws unconditionally from all Arab and Palestinian territories occupied since 1967, until the Holy City of Jerusalem is returned to Arab sovereignty and until the Palestinian people are allowed to exercise their inalienable and fundamental rights to self-determination and national independence in their homeland, Palestine. 61. The PRESIDENT (interpretation/rom Spanish): In accordance with General Assembly resolution 477 (V), I now call on the Observer of the League ofArab States. 62. Mr. EL-FARRA (Observer, League of Arab States) (interpretation from Arabic): The Assembly's delibera- tions on the Palestinian question at this session are ap- proaching their conclusion. I wish to express on behalf of the general secretariat of the League of Arab States our gratitude and appreciation to you, Mr. President, and to the members which have chosen to champion justice and fairness on an issue that represents, without exag- geradon, the most complex and acute problem of our time. It is a tragedy of the twentieth century that was inherited by the United Nations at its inception. 63. Allow me also to put forward some points, with regard to the deliberations on the Palestinian question, in which I have participated throughout many successive years, which are drawn from the lessons of the long history of this question. 64. The first point is that the question of Palestine is a pivotal issue in all the tension that has existed and all 77. Will the General Assembly that recommended the establishment of one State for the Jewish minority and another one for the Palestinian majority now stand idly by, watching its resolutions being totally disregarded? Or is it high time that the General Assembly and the Secu- rity Council put an end to Israeli arrogance, expansion, and denial of the rights of the majority? If Weizmann rejected the secular State in Palestine because, as he claimed, it would not achieve justice for 700,000 Jews, most of whom came illegally to the land of Palestine, will the international community and the States with special responsibilities in the Security Council consent to the subjection of millions of Palestinians to oppression, injustice and terror? Will the Security Council refuse to shoulder its primary responsibility for maintaining inter- national peace and security, or is it time for it to embark on the implementation of resolutions and of the Pro- gramme of Action for the Achievement of Palestinian Rights? 78. It is necessary to take clear positions in the implem- entation of this Program, otherwise anarctij will prevail in the region, more hatred will be sown, and the region will remain subject to violent convulsions that will lead to instability and ramifications the extent of which we cannot know. For the challenges and acts of aggressions to which the Palestinian people is subjected will only strengthen its faith, solidarity and determination in its struggle. 79. The implementation of the Programme of Action adopted at Geneva on 7 September 1983 is an opportunity that we all hope not to lose so that a just, durable and comprehensive peace may be achieved in this region which has suffered for so long and endured many tragedies and much pain.

In previous years, the Assembly has customarily taken note of the report of the Secretary-General on the work of the Organization. The report submitted to this session [A/38/1J has been referred to with great interest on several occasions in the course of the session. If I hear no objection, may I consider that the Assembly wishes to take note of that report? It was so decided (decision 38/410).

I now call on the Under-Secretary-General for Legal Af- fairs, Mr. Carl-August Fleischhauer. 83. Mr. FLEISCHHAUER (Under-Secretary-General for Legal Affairs): I have the honour to introduce agenda item 24, on co-operation between the United Nations and the Asian-African Legal Consultative Committee. This item was included for consideration by the Gen- eral Assembly at its thirty-sixth session in response to the request of 25 members of the Committee 3 on the occasion of the commemoration of the twenty-fifth anniversary of the Asian-African Legal Consultative Committee. On that occasion, the Assembly, in reso- lution 36/38, recognized the Committee's highly com- mendable work in promoting interregional and inter- national co-operation supportive of the efforts of the United Nations. The Assembly requested the Secretary- General to carry out consultations with the Secretary- General ofthe Asian-African Legal Consultative Commit- tee with a view to further strengthening the co-operation between the two organizations and widening the scope of that co-operation. 84. At its thirty-seventh session, the General Assembly, in resolution 37/8, noted with deep satisfaction the ongoing and effective co-operation between the United Nations and the Asian-African Legal Consultative Com- mittee in the field of progressive development and codi- fication of international law and other areas of common interest, and requested the Secretary-General to submit to the Assembly's thirty-eighth session a report on the state of their co-operation. In response to this request, the Secretary-General has prepared a report which is contained in document A/38/491. 85. As referred to in that report, on the basis of con- sultations between the Asian-African Legal Consultative Committee and various offices of the Secretariat, and in the light of the Committee's expertise and interests, a framework has been established covering such aspects as representation at meetings and sessions, exchange of documentation and information, and co-ordination of work programmes. This framework would ensure that the Committee will continue to take part in the work and activities of the various bodies and organs of the United Nations and the specialized and related agencies. 86. Close and valuable co-operation has been carried out particularly between the Asian-African Legal Con- sultative Committee and the Office of Legal Affairs, as well as the Office of the Special Representative of the Secretary-General for the Law of the Sea. The scope and content of the co-operation are described in paragraphs 5, 6 and 7 of the Secretary-General's report. Continued efforts are being made to identify additional areas of common interest so as to strengthen and widen our co- operation. It is clear that all these efforts will ensure the continuation of a fruitful relationship between the Asian- African Legal Consultative Committee and the United Nations in furthering the work of the Organization. 87. The PRESIDENT (interpretation from Spanish): In accordance with General Assembly resolution 35/2 of 13 October 1980, I now call on the Secretary-General of the Asian-African Legal Consultative Committee, Mr. B. Sen. 88. Mr. SEN (Secretary-General of the Asian-African Legal Consultative Committee): Please permit me, Sir, 116. Its work in such areas as the law of treaties; State succession, the new international economic order, the environment, and space law has been of great relevance to the work of the United Nations. The Committee has also forged close links with various United Nations bodies, such as the International Court of Justice, the International Law Commission and UNCITRAL. Ever since the Committee was admitted as an observer at the United Nations, in 1980, it has been participating actively in the work of the General Assembly, particularly in the work of the Sixth Committee. In this regard, the Asian- African Legal Consultative Committee has rendered valuable assistance to its member States by providing them with briefs and with opportunities for consultations on various agenda items before the Sixth Committee. 117. In addition, during the current session of the General Assembly, the Committee organized consulta- tions among legal advisers from the Foreign Ministries of its member States on some important matters of concern both to Asian and African States and to the United Nations. These consultations dealt with questions of sovereign immunity; the role of legal advisory services in member Governments on international law problems; the role of the International Court of Justice, with par- ticular reference to the possibility of seeking advisory opinions on certain questions and to the wider use of its jurisdiction; the promotion of wider acceptance and ratification of major conventions concluded under the auspices of the United Nations; and modalities for the consideration of work before the Sixth Committee, the International Law Commission, and United Nations conferences of plenipotentiaries. 118. We are grateful for the excellent documentation provided to legal advisers by the Committee's secretariat to enable them to discuss these matters in depth. The Secretary-General of the Committee, Mr. B. Sen, and the Under-Secretary-General and Legal Counsel of the United Nations, Mr. Carl-August Fleischhauer, have also contributed greatly to the .dialogue of legal advisers by providing them with useful information, helpful clari- fications and stimulating ideas. Although these consul- tations were short in duration, they yielded a wealth of information and ideas. The consultations were commend- able, and a typical example of the close and effective co-operation between the United Nations and the Asian- African Legal Consultative Committee that has grown 1981, and now of China, the membership of the Asian- African Legal Consultative Committee has grown to 41. 120. Mr. KAHALEH (Syrian Arab Republic) (interpre- tation/rom Arabic): My delegation takes a keen interest in the question of co-operation between the United Nations and the Asian-African Legal Consultative Com- mittee in the field of the progressive development and codification of international law. The Committee has already participated in the activities of various bodies and organs of the United Nations and of other committees. In particular, it has taken part in the work of the Inter- national Law Commission and UNCTAD. It has assisted in the endeavours to define the work of the United Nations in the field of the progressive development of international law and the settlement of economic and commercial disputes through the application of the UNCITRAL Arbitration Rules. It has also taken part in laying the foundations for the new international economic order and in promoting the work on the United Nations Convention on the Law of the Sea. 121.. My delegation is proud to recall the past achieve- ments of the Asian-African Legal Consultative Commit- tee, and particularly its effective contribution to the work of important United Nations conferences that were re- sponsible for the conclusion of international conventions on diplomatic relations, the law of treaties, State succes- sion, and the international sale of goods, as well as the law of the sea. My delegation also pays a tribute to the Committee for its efforts to encourage States to accede to and ratify various United Nations conventions and treaties, and for its organization of training programmes and seminars on issues of general concern. 122. We would refer in particular to the useful meet- ings, held here at United Nations Headquarters from 25 November to 1 December by the Committee's legal advisers, who discussed very important legal issues. Foremost among those issues was the current application of the 1976 United States law concerning privileges and immunities, the organization of legal consultations on questions of international law among member States, the encouragement of the signing and ratification of par- ticularly significant international conventions, the sim- plification of the procedure for requesting advisory opinions of the International Court of Justice, and the rationalization of the work of the Sixth Committee and the International Law Commission, as well as conferences of plenipotentiaries. 123. In conclusion, my delegation thanks you, Mr. Pres- ident, for giving us this opportunity to speak on this item. We extend our thanks also to the Secretary-General of the Asian-African Legal Consultative Committee, Mr. Sen, for his efforts in the field of co-operation with the United Nations for the development of international law, and especially for his efforts in the preparation of legal studies on items on the agenda of the General Assembly, as well as other questions. 124. Mr. WAHEED (Pakistan): My delegation has read with great interest the report of the Secretary-General and has listened to the comprehensive statement made by the Secretary-General of the Asian-African Legal Consulta- tive Committee, Mr. Sen. The meeting rose at 1.15 p.m.