A/39/PV.40 General Assembly

I call on the representative of Malaysia, who wishes to introduce draft resolution A/39/L.3. 2. Mr. ABDUL KADIR (Malaysia): I stand here today before the Assembly again to bring to the attention of the international community the open aggression committed by 3. relatively new Member of the United Nations, Viet Nam, against Democratic Kampuchea in December 1978, aggression commit- ted against a helpless neighbour in open defiance of all international principles and decency, and in blatant disregard of the Charter of the United Nations. 3. Today I move the adoption of draft resolution A/39/L.3 on behalf of an ever increasing number of countries, this time 54. As Chairman of the Standing Committee of the Association of South-East Asian Nations [ASEAN], Malaysia wishes to record its deepest appreciation to the fellow sponsors of said draft. 4. It will be clear that the sponsors of this draft resolution represent a broad cross-section of the membership of the United Nations; this underscores the continuing concern of the international commu- nity about the flagrant violation by Viet Nam of Kampuchean independence and sovereignty. The present draft resolution adheres closely in substance to the resolution which the General Assembly adopt- ed last year [resolution 38/3]. I shall not, therefore, go into it in any detail beyond drawing the Assembly's attention to the operative paragraphs which reiterate the conviction that the withdrawal of all foreign forces from Kampuchea, the restoration and preser- vation of its independence, sovereignty and territori- al integrity, the right of the Kampuchean people to determine their own destiny and the commitment by all States to non-intervention in the int~rnal affairs of Kampuchea are the principal components of any just and lasting resolution of the Kampuchean problem. 5. The 54 sponsors submit this draft resolution for the consideration of the General Assembly and earnestly hope that, like the previous ones, it will receive the overwhelming support of its members. NEW YORK We are, of course, aware that, despite the clearly expressed will of the United Nations in past years, peace and freedom have not yet returned to Kampu- chea. 6. The consequences of these facts of invasion and military occupation must also not be forgotten. For Kampuchea they have meant the continued violation of its independence and territorial integrity, contin- ued interference in its internal affairs and continued denial to its people of their right to choose their own Government and their own way of life. For the other countries of South-East Asia they have brought instability and danger to the region. For the interna- tional community they represent a threat to peace and security and a gross violation of rights which are sacred to all countries and which are enshrined as basic principles of the Charter. 7. There have, of course, been continuous attempts by the aggressor to obscure and confuse the issue and, in a continuing futile exercise, to erect a front ofself- righteousness and reasonableness. But the facts that remain are glaring, plain and simple. First, Kampu- chea today is completely controlled by the invading Vietnamese forces, numbering nearly 200,000, which sustain a puppet regime which they installed in December 1978. No one even pretends to deny this truth: Remove the Vietnamese troops and the Phnom Penh authorities would simply crumble and I.jisap- pear-unmourned, I might add, by the Kampuchean people. The torment of this subjugated people can be measured by a simple yardstick: In w~at direction is the movement of refugees flowing? Despite the great dangers and hardships, thousands of refugees con- tinue to flee by sea and by land to areas outside the control of the Vietnamese and their surrogates. Secondly, a most disturbing development is the Vietnamese attempt to "Vietnamize" Kampuchea. After six years of occupation, the Vietnamization process appears to be well under way. Kampuchea today is progressively being transformed into a permanent vassal State of Viet Nam, not only through control of the Kampuchean leadership and through economic integration with Viet Nam, but also through massive transfers ofVietnamese settlers who, according to the Coalition Government of Democratic Kampuchea, already number 640,000. Thirdly, the Government of Viet Nam has made a series of announcements about partial troop with- drawal from Kampuchea. At first, the countries members of ASEAN noted this development with interest, as we had hoped that it would initiate movement towards a political solution. But unfortu- nately our optimism was short-lived, because all that happened was that Viet Nam subsequently brought in fresh troops and upgraded its infantry and mecha- nized air units for use against the nationalist forces of Kampuchea. Alas, for "partial withdrawal" we must ~als do not provide a basis for a solution, for they 14. While a political solution to the conflict is an Ignore and even deny t~e core of the I?roblem: urgent and critical issue, we should also not forget namely, the presence of VIetnamese forces In Kam- those who are caught in this devastating war. My puchea. delegation wishes to express its most heartfelt thanks 10. The ASEAN Ministers for Foreign Affairs for to donor countries, the United Nations and its their part have continued their search for an accept- agencies and the many humanitarian and voluntary able political solution which will take into account all agencies which have provided assistance to the the relevant factors, including-let me emphasize- Kampuchean refugees. But more still needs to be the fears and concerns of Viet Nam as well as the done, particularly for those on the Thai-Kampuchean internal political situation in Kampuchea. Their border, as well as those awaiting resettlement in proposals are embodied in the Appeal for Kampuche- refugee camps. The international community must an Independence issued at Jakarta on 21 September do its utmost to ensure that food relief and medical 1983,2 which calls for national reconciliation, con- resources reach those most in need. We must plead tains provisions for peace-keeping forces and observ- that nations open their borders to speed up the er groups and is aimed at creating a momentum resettlement process. We must resolve to provide towards the total withdrawal of all foreign forces and continued assistance to those Kampucheans awaiting a comprehensive and lasting political settlement. a safe return to their homes, so that in all these ways These indeed are the serious issues for dialogue. The Kampuchea and its people will be assisted to survive ASEAN countries continue to welcome a dialogue on their present ordeal. them which will ensure harmony within .Kampuchea 15. For all these efforts, political as well as humani- and peace between Kampuchea and VIet Nam. tarian, my delegation would like to take this opportu- 11. However, again in relation to dialogue, the nity to pay a warm tribute, first of all, to the question also arises, dialogue with whom? The SecL.'etary-Genera! for his careful, diligent and unre- ASEAN countries have played an active role in this mitting efforts in the cause of peace and justice in the question becG.use we care for the Kampuchean peo- region and to his dedicated and able associates; to pIe, because whqt has happened in Kampuchea Mr. Rafeeuddin Ahmed, Under-Secretary-General affects the long-term peace and stability in South and Special Representative of the Secretary-General Asia and because important principles of internation- for Humanitarian Affairs in South-East Asia and to al conduct are at stake. Nevertheless, it is obvious Mr. Tatsuro Kunugi, Special Representative of the- pin~s, Malaysia, Indonesia, the People's Republic of the occupiers or their Phnom Penh puppets are ChinJ, Hong Kong, Macao, Japan, the Federal thrown into abominable prisons or simply disappear Reputlic of Germany, Great Britain, Belgium, Swit- without any trace. And it is those people, masters and zerland, the Netherlands, Canada, Italy, Austria, servants, who ask that they be allowed to heal the Senegal and elsewhere. wounds of our compatriots who are in bondage. 32. Rejection of the "Vietnamese protectorate" is 36. Furthermore, we are witnessing the great diplo- therefore almost unanimous among the people of matic manoeuvres of Mr. Nguyen Co Thach, Minis- Kampuchea, while the puppet "administration" and ter for Foreign Affairs of Viet Nam, who goes from its small armed units, the soldiers of which are often one capital to another in his attempt to persuade onstrate~ the contIn~ed c~ncern of .t~e ll~ternatIonal meeting], such intervention not only is contrary to community at the SituatIOn prevallmg m Kampu- the purposes and principles ofthe Charter, but could, chea. As everyone knows, that concern ste!Ds from if it were tolerated, engender generalized conflicts our commo.n u.nreserved adherence to the Ideals of with incalculable consequences. pea~e and J.ustIce as defin.ed Ill; t~e Chart;er of the 71. Because of what is at stake, the Assembly Umte~ NatIon~ and enshnned In InternatlO~~llaw. should once again this year do everything in its Th~t IS why, smc~ the ou~brea~ <?f that cnsls~ the power to honour the juridical and political commit- Umted NatlO!1s, faIthful.t~ l.tS pnncIJ?les and d~slrous ments that it has assumed for the settlement of this of stre~gthenmgItS ~redlb~lIty, h,!s nghtly ~e~lded to question. It should use all appropriate means to ~eal With th~t questlO.n With a view to arnvmg at a ensure that practical effect is given to the decisions of Just and lastmg solutIOn. the International Conference on Kampuchea, which 67. The chosen framework for that purpose was the it has endorsed in its relevant resolutions. At the Internati0ll;al Conference .on Kampuch~a, held in same time, it should turn to the best possible New York In July 1981. It IS worth recallmg t~at that advantage certain positive gestures or declarations by conference. was m~rked. not ~y confrontatIOn but the parties interested or involved in the conflict. rath~r by dialogue m which ~ll Ideas were acc~J?tap!e EssentiallY, these are the following: the proposals prOVided they ~ould help bnng about reconCIlIatIOn made by the Coalition Government, led by Prince and understandmg amon~ all segments of the Kam- Norodom Siha.nouk; the declarations by one of the pucheaI~ people. Bette~ stIll, that conference gave the interested parties on the withdrawal offoreign trC?ops mtern~tl(~nal comm~mty an opportunity to reaffirm from Kampuchea; the proposals made by the MIms- the pr~nclples to WhICh we are all wed~ed, namely: ters for Foreign Affairs of the countries members of the pnmacy of law over force, wh~rever It may c0l1l;e ASEAN at their annual meeting in Jakarta on 9 July fro~; t~e nght of peoples and natIOns to ch<?ose.thelf 1984 [see A/39/352, annex]; the five-point declara- polItIcal and economIc.systems free of foreIgn l!1ter- tion of the Chinese Government; the remarks and ference; respect for the Ind~pend~f!ce and sovere~gnty opinions ofcertain countries anxious tc? s~e u!1ity and of States regardless of their polItIcal, geographIc or peace restored in Kampuchea; and the mItiatIves and economic dimensions in the international arena. efforts of the Secretary-General, to whom we pay a 68. It was on the basis of those universal principles tribute for his ceasele.ss efforts to fin~ a satisfactory that my country agreed to participate in that confer- and honourable solutIOn to the questIOn of Kampu- ence, especially since its purpose was not to condemn chea. one State or absolve anothr.r. It may be remembered 72. The Ad Hoc Committee of the International that the Conference estabhshed the following objec- Conference on Kampuchea, established by the Inter- tive conditions as indispensable elements of a just national Conference on Kampuchea, over which my and therefore lasting settlement of the question of country has the honour to preside, has tried to make Kampuchea: first, the withdrawal ofall foreign forces its modest contribution, in keeping with its mandate, from Kampuchea; secondly, the restoration and to the search for a solution on the basis of the preservation of the independence, sovereignty and aforementioned facts. Therefore, a mission of the territorial integrity ofKampuchea; thirdly, a commit- Committee this year visited Senegal, Nigeria, Yugo- ment by all countries not to interfere in the internal slavia, New Zealand, Australia and Thailand and met and external affairs of Kampuchea; fourthly, the the Ministers for Foreign Affairs of the countries organization, under the auspices of the United members ofASEAN. In the course ofthose visits, the Nations, of free elections in that country; fifthly, mission held in-depth consultations with the interest- finally, the establishment ofa zone of peace, freedom ed Governments on the situation in Kampuchea and and co-operation in that region. the prospects for an overall political settlement, 69. It was also on the basis of those principles that bearing in mind develop~ents since the adoptiop of my country, Senegal, agreed to take part in the work General t\ssembly resolutlon.38/3. It was explamed of the Ad Hoc Committee of the' International that the aIm of the consultatIon was to reaffirm the Conference on Kampuchea, over which it has the continuing concern .of the in~ernational community honour to preside, being convinced that it is its duty a!1d to secu~e t.he WIdest pOSSIble suppo~ for e~C?rts and responsibility to ensure that law, peace and alme~ at bnngmg ab<?ut !he comprehenSIve polItIcal justice prevail wherever they are threatened. Far solutIOn of the conflict m Kampuchea. from being directed against any State, that attitude is, 73. As in previous years, the mission of the Ad Hoc rather, the result of the adherence of the diplomacy Committee declared that one of the main objectives reco~st.ruction and rehabilitation of Ka~puchea. "On behalfofthe Government and the people of ~he JOInt appeal als,? ca~led for the exercIse of the the People's Republic of Kampuchea and on my nght of self-determmatlOn by, and the natIOnal own behalf I extend to you the most distinguished recon~iliation of, all Kampuchean.fac.tions. ~SEAN greetings.' sub~ltsthese proposals to. the partle~ I~ conflIct as a "Having learned that the present session of the pOSSIble framework for dIrect negotIatIOns between General Assembly of the United Nations has once and among them. again allowed the Pol Pot genocidal criminals and 89.. It is re~etted tha! the.se p~oposals have fa.iled to the disguised Po~potists under the banner of so- receIve a senous heanng In Vlet Nam. DespIte the called 'DemocratIc Kampuchea' to occupy illegally lack of real progress towards genuine and serious the seat of Kampuchea at the United Nations, and negotiations on the problem, the ASEAN member that it has included in its agenda an item entitled States will nevertheless continue to keep the door 'The situation in Kampuchea', I must express the 0I?en to constructive propos~ls from Viet Nam which profound indignation and strong protest. of our wIll enable ASEAN to prOVIde the necessary means Government and our people at such mIsguided and assistance for serious negotiations between the decisions of the United Nations. This represents a immediate parties to the conflict to begin at an early serious affront to the memory of more than three date. million ofour fellow countrymen who were massa- 90. The Philippines, in concert with other States cred ~y Pol Pot and his clique in ~n act contrary to members ofASEAN entertains no other desire but to the dIctates of the human conSCIence, the funda- attain a comprehen;ive political settlement in Kam- mental rights of nati~ns, inter,nationallaw a~d. the puchea which will ensure for all Kampucheans their Charter of the Umted NatIOns. The. de~lslons right to self-determination free from foreign influ- concern~d, taken a.s a.result of the mac~matlons of ence and intervention and their right to live in peace !he Pekl.ng ex~ansl0!1I~ts and hegem!lmsts and the and prosperity in a free, independent and sovereign InternatIOnal Imp~nahst and .rea,?h!lnary ~orc~s, homeland. Short of this, genuine peace cannot pre- merely furthe~ theIr goal of.malntaln!ng.tt:nslon In vail in South-East Asia. Sout~-East ASIa anq are sen~)Usly prejudICIal to the 91. My delegation earnestly hopes that draft resolu- prestIge of the Umted NatIons. tion A/39/L.3 will receive the unanimous support of "On behalfof the qovemment and the people of the Assembly. the People's Repubh~ of K;a~pu.chea,. I would 92 M VONGSAY (La P I , D t' R _ reaffirm our unswervIng pOSItIOn In thIS respect: . r. 0 eop e s emocra IC e "1 Th PI' d h d' . d PI' public) (interpretation from French): The delegation . e 0 potIsts an t e !sgUlse 0 potlStS of the Lao People's Democratic Republic is very u~de.r the banner of DemocratIc Kampuchea a~e disappointed to see that this year again the pseudo- cnmmals c0!1demned by t~e Phnom Penh people s question of the so-called situation in Kampuchea is court for cnmes ,?f genOCIde and condemned by being considered by the Assembly. The cause for our p.rogresslve mankmd as a whole. They have no disappointment is known, and we shall return to it nght to represent the Kampuch.ean people and presently. sh~uld be expelled f~om the l!~lted NatIOns. 93. It may be recalled that on 20 October [34th . The only authentIc and legltI~ate represent~- meeting], my delegation, speaking on behalf of the hve of. the Kampuchean people IS the People s delegation ofthe Socialist Republic ofViet Nam and Repubhc of Kampuchea. of course, of the Government of the People's Repub: . "2..Th~ debates at t~e United Nations on the lic of Kampuchea and its courageous people, entered sltl;latlon In our country In the a~sence of represen- its express reservations regarding the report of the tatlve.s of the Peopl.e s Repubhc. of Ka~puchea Credentials Committee which scorning the funda- constItute a gross mterference In the mternal mental principles of internatio~allaw. morality and affairs of th~ Pe,?ple's ~e~ublic of Kampuchea and justice, has allowed the representatives of the genoci- a.flagrant VIolatIOn of ItS mdependence and 8Over- dal Pol Pot band and other reactionary Khmer elgnty. factions, hiding under the title of "Coalition Govern- "3. Any resolution concerning Kampuchea ment of Democratic Kampuchea", illegally and im- adopted at the United Nations without the repre- pudently to occupy the seat in the United Nations sentation and agreement of the People's Republic which rightly belongs to the sole, authentic and of Kampuchea is considered null and void. Europ~an C.ommunity will continue to assist in r~lief 114. We are aware of the increasing strength of the operatIons m the area as long as the need persists. armed forces ofthe Coalition Government of Demo- Mr. Farah Dirir (Djibouti), Vice-President, took the cratic Kampuchea. Those forces have been able to Chair. stand with moral and military strength in defence of 106. The Ten attach great weight to the preserva- their country against threatening foreign military tion of the Kampuchean people and respect for their forces. identity. It is high time that their suffering ceased 115. My delegation also notes with satisfaction the and that they regained their right to self-determina- General Assembly's historic decisions in the struggle tion without disruption, intimidation or coercion. It of the Kampuchean people for their national libera- should not be impossible to find a solution which tion. Such actions confirm the right of small and accommodates the legitimate concerns of all interest- weak countries to pursue their own destiny without ed parties. being coerced by the big and the strong. They 107. The Ten welcome the report of the Secretary- sy.mbolize the value.of !he ~om~itmentof all coun- General on the Kampuchean issue [A/39/576] and tnes to peace and JustIce m thiS world. have noted with appreciation the Secretary-General's 116. Maldives is concerned about the reported continued determination to use his good offices in demographic changes which are being imposed in the search for a peaceful solution. Kampuchea by the foreign occupying forces. We are 108. As they have repeatedly stated, the Ten are greatly distur~ed t~at fighting still continues in that ready to support any initiative aimed at establishing COU!1try1 makmg I~ unsta~le, and t~at. people are a democratic Government in a neutral and indepen- fleemg mto the nelghbounng countnes m search of dent Kampuchea, maintaining friendly relations with food and safety. all States in the region. They are convinced, however, 117. We believe that to achieve the noble objective that the key requirement for any just and lasting of stable and lasting peace in South-East Asia and to solution to the Kampuchean question remains the avoid threats to international peace and security, the complete withdrawal of Vietnamese f{)rces. Effective international community must seek with urgency a measures must also be taken to ensure that no armed sound political solution to the Kampuchean problem. group either seizes power by force or uses the threat We are convinced that all States must adhere to the of force to intimidate the people of Kampuchea and provisions ef the Charter of the United Nations, so deprive them of their right to sovereignty and the which calls upon us all to respect the national exercise of free choice in determining their own independence, sovereignty and territorial integrity of future. all States and the principles of non-intervention and 109. The Ten will support the draft resolution on non-interference in the internal affairs of States, the the situation in Kampuchea, submitted by the ASE- non-use of force or the threat.of the use of force and AN countries, as they have supported their resolution the peaceful settlement of disputes. on this issue at each session of the General Assembly 118. We reaffirm our conviction that the withdraw- since the item was first inscribed on the agenda in al of all foreign forces is the first essential in order to 1979. safeguard the independence, territorial integrity and 110. As ASEAN recognizes, there can be no politi- sovereignty <?f the Kampuchean people. y!e b~lieve cal solution without the participation and co-opera- that.a solut~on can ~e. found a~d that It. wIll be tion of all those concerned in the conflict in Kampu- conslst.ent With the le~ltlmate natIonal secunty of all chea. The Ten, therefore, ,,,ould like to see all parties countnes of that region. concerned prepared to play their part in the search 119. My delegation expresses its appreciation ofthe for a negotiated political settlement that would fully efforts made by the Special Representative of the use the framework of the United Nations resolutions Secretary-General and is happy to associate itself in seeking a lasting solution for the Kampllchean with the positive recommendations contained in the people. report of the Secretary-General. 111. Mr. HUSSAIN (Maldives): The situation in Kampuchea raises several disturbing questions which are of a political and humanitarian nllture. The root cause ofthat situation is well known and requires no further elaboration. 112. My delegation has on many occasions ex- pressed its policy on issues involving foreign military interventions and invasions. We have condemned them. The United Nations resolutions that call for NOTES