A/47/PV.71 General Assembly

It is my sad duty to inform members of the death of Mr. Kaysone Phomvihane, President of the Lao People's Democratic Republic. On behalf of the General Assembly, I should like to convey our heartfelt condolences to the Government and the people of the Lao People's Democratic Republic and to the bereaved family. I invite representatives to stand and observe a minute of silence in tribute to the memory of the late President of the Lao People's Democratic Republic. The members of the General Assembly observed a minute of silence.

I now call on the representative of Mauritius, who will speak on behalf of the Group of African States.

I have the honour, on behalf of the Group of African States at the United Nations, to express our sincere condolences to the Government and people of the Lao People's Democratic Republic on the death of Mr. Kaysone Phomvihane, the late President of the Lao People's Democratic Republic. Our s., pathy also goes to his family at this difficult moment. We are familiar with the qualities of the late President, who also served as Prime Minister of his country, and with his great contributions to its development. The international community is saddened by the untimely loss of a great statesman, whose untiring efforts were dedicated to the welfare of his people. He will be greatly missed, but the memory of his accomplishments will stand as an example. I would also like to extend the deep sympathy of the African Group to the delegation of the Lao People's Democratic Republic.

I now call on the representative of the United Arab Emirates, who will speak on behalf of the Group of Asian States. Mr. SAMHAN (United Arab Emirates) (interpretation from Arabic): On behalf of the Asian Group, which I have the honour of chairing this month, may I extend heartfelt condolences to the Government and people of the Lao People's Democratic Republic over the death of the late Mr. Kaysone Phomvihane. We share their grief over the loss of a great leader and freedom-fighter, who worked hard to liberate his country from foreign occupation, and contributed to the promotion of peace and of social and economic development in his country. The record of the late President highlights the pioneering and leading role he played since he was a student, in his country's struggle for independence and for its deserved place at the regional and international levels. He was in the vanguard of fighters who gave their lives in the service of their country and the aspirations of their nation. We, in the Asian Group, given the historic and geographic ties, and the relations of cooperation and friendship that exist between us and the Lao People's Democratic Republic, which is a member of the Asian Group, would like to extend, once again, to the Government, the people and the delegation of the Lao People's Democratic Republic, our sincere condolences over the loss of the late President. We hope that these sentiments will be conveyed to the Government and to the people of the Lao People's Democratic Republic and to the family of the late President.

I now call on the representative of Azerbaijan, who will speak on behalf of the Group of Eastern European States. Mr. HASSANOV (Azerbaijan) (interpretation from Russian): It was with profound grief that we learned of the passing of the President of the Lao People's Democratic Republic, Mr. Kaysone Phomvihane. Mr. Kaysone Phomvihane was the leader of the Lao People's Democratic Republic for many years and made great efforts for the rebirth and the development of his people and his country. Under his guidance the Lao People's Democratic Republic made great progress and became one of the active members of the world community and a member of a number of authoritative international organizations. An eminent politician in South-East Asia and in the world community, Mr. Kaysone Phomvihane made a significant contribution to the attainment of peace and cooperation among countries. Speaking as Chairman of the Group of Eastern European States, I should like, on behalf of all of the countries in our Group, to express profound condolences to the people of the Lao People's Democratic Republic on their sad loss.

I now call on the representative of Venezuela, who will speak on behalf of the Group of Latin American and Caribbean States. Mr. ARRIA (Venezuela) (interpretation from Spanish): On behalf of the Latin American and Caribbean Group, we should like to extend our heartfelt condolences to the bereaved family, to the Government and to the people of the Lao People's Democratic Republic on the passing of President Kaysone Phomvihane. From the time h§ was a student, President Phomvihane devoted his entire life to his country's independence and national liberation and to the creation of the Lao People's Democratic Republic. The Latin American and Caribbean Group wishes to express its sincerest condolences on his passing.

I now call on the representative of Spain, who will Mr. YANEZ BARNUEVO (Spain) (interpretation from Spanish): I am speaking on behalf of the Group of Western European and Other States, of which Spain is Chairman for this month. We join previous speakers in expressing condolences to the Government and the people of Laos on the recent death of His Excellency Mr. Kaysone Phomvihane, President of the Lao People's Democratic Republic. I would ask the delegation of the Lao People's Democratic Republic to convey our condolences to Mr. Kaysone Phomvihane's family. Throughout his life, Mr. Kaysone Phomvihane was dedicated to the cause of the independence and development of his country. In these sad circumstances we stand with the people of Laos and wish them the best for the future.

I call on the representative of the United States of America, who will speak on behalf of the host country. Miss TAHIR-KHELI (United States of America): On behalf of the host country I should like to extend our condolences to the people of the Lao People's Democratic Republic on the death of President Kaysone Phomvihane. His leadership over the years led the people of Laos to better relations and closer cooperation with the peoples of many other countries, including the United States. We offer our deep sympathy.

I call on the Permanent Representative of the Lao People's Democratic Republic to the United Nations. Mr. KHAMSY (Lao People's Democratic Republic) (interpretation from French): My colleagues in the delegation of the Lao People's Democratic Republic and I are deeply moved by the words of sympathy and condolence expressed here to the Government and the people of Laos and to the bereaved family of the late President of the Republic, His Excellency Mr. Kaysone Phomvihane, who died on 21 November at Vientiane following a long illness. The late President Kaysone Phomvihane was born in 1920 at Savannkhet, capital of the central province of Laos. He studied at the University of Hanoi at a time when all of Indo-China was under French colonial administration. He devoted virtually his whole life to the struggle for national independence and to strengthening the unity of the multi-ethnic Lao people. After our homeland's total liberation in 1975 and to his dying day, he dedicated himself, first as Prime Minister then as Head of State, to meeting the difficult challenge of national defence and reconstruction and to strenthening cooperation between our young republic and all other countries, and particularly with our immediate neighbours. With the death of President Kaysone Phomvihane, our country has lost one of the greatest citizens in contemporary history. I wish on behalf of the Government and the people of Laos to ask representatives to transmit to their Governments our profound gratitude at this sad moment.

Before we hear the first speaker in explanation of vote on draft resolution A/47/L.20/Rev.1, I would remind delegations that, in accordance with General Assembly decision 34/401, explanations of vote are limited to 10 minutes and should be made by delegations from their seats.

Before proceeding with my statement in explanation of vote, I want to join you, Mr. President, and other delegations in conveying my sincere condolences to the delegation of the Lao People's Democratic Republic. I wish to put on record the position of Japan, which abstained in the vote on draft resolution A/47/L.20/Rev.1. First, Japan still has some doubts as to whether a discussion in the General Assembly can actually be conducive to resolving in a constructive way the question of the United States embargo against Cuba. Secondly, various countries have expressed their concerns about the Cuban Democracy Act, as it contains some provisions that could affect the rights and interests of third nations. Japan fully understands such concerns. Those points illustrate the very complex nature of this question. Japan wonders whether the draft resolution adopted this morning as resolution 47/19 can in fact properly address that complexity. If it cannot, the question will remain unresolved until a better way is found to achieve an appropriate solution.

In the specific case of recent legislation applying to Cuba, which has possible extraterritorial effects, the Swedish Government has expressed its position of criticism based on certain principles of international law. The third preambular paragraph of the resolution adopted this morning is of a general character and seems to cover not only specific measures against Cuba but also a whole range of other measures with extra-territorial effects. Sweden thinks that the broader question of extraterritoriality is a complicated legal issue that can be thoroughly examined only in an appropriate context. Sweden therefore abstained in the vote on draft resolution A/47/L.20/Rev.1. We note that 21 Ibero-American countries have requested the inclusion of a new agenda item concerning extraterritoriality, and that the General Assembly has decided to refer that item to the Sixth Committee.

My delegation abstained in the vote on

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 39? It was so decided.

I should like to propose that the list of speakers in the debate on this item be closed half an hour from now. It was so decided.

I therefore request those representatives wishing to participate in the debate to inscribe their names on the list of speakers as soon as possible. I call on the representative of Venezuela, who will introduce draft resolution A/47/L.23. Mr. ARRIA (Venezuela) (interpretation from Spanish): In 1990, in accordance with the request of the Provisional Government of Haiti, the General Assembly adopted resolution 45/2. This resolution made it possible for the United Nations to assist in the electoral process which, on 16 September, of that year, led to the democratic election of President Jean-Bertrand Aristide, who obtained almost 68 per cent of the votes. That event initiated an unprecedented stage in the history of the Haitian people, which, almost from the moment it achieved independence as a sovereign State, had been misgoverned and tyrannized by de facto regimes that were directly responsible for the impoverishment of this long-suffering and noble people which contributed so much to the cause of the freedom, independence and dignity of very many countries of Latin America and the Caribbean. Seven months after President Aristide took office he was overthrown by the military coup of 30 September 1991 at the precise moment of his return to the country after having addressed the General Assembly of this Organization. This coup d'etat not only prevented the Haitians from fulfilling their aspiration to establish a democratic system, but also dashed the hopes of this people, afflicted with poverty and economic and social disequilibrium, that it would be able to reverse its country's terrible historical pattern of uncertainty and anarchy. (Mr. Arria, Venezuela) The efforts the Organization of American States has been making to resolve the Haitian political crisis and to face the long-term challenges involved in the democratic and socio-economic development of that country deserve our gratitude, but there is no doubt that they will require the full cooperation and backing of the international community.

The coup d'etat that overthrew President Jean-Bertrand Aristide on 30 September 1991 moved world public opinion and in particular that of Latin America. Until that moment, and for the first time this century, Haiti had enjoyed an undeniably democratic Government, the result of free elections in which the Haitian people had spoken overwhelmingly in favour of the winning candidate. In this way, the people of that country demonstrated its rejection of the political repression and violation of human rights practised by earlier dictatorships. The coup d'etat also interrupted a process of democratization that was unprecedented in all of Latin America. That, together with the hopes that had been placed in the recently installed Government of Haiti which promised the socio-economic conditions of the people produced deep regret and concern throughout our region. That is why the Permanent Council of the Organization of American States (OAS) on that same day approved a resolution condemning the coup d'etat and those who had planned it and demanding respect for the Constitution and rights of the Haitian people. On 3 October 1991, the meeting of Foreign Ministers of the OAS adopted a resolution recommending the diplomatic, economic and financial isolation of the de facto authorities in that country and the suspension of all assistance not strictly humanitarian in nature. On 11 October 1991, the General Assembly of the United Nations adopted resolution 46/7 by consensus, condemning the attempted illegal replacement of the constitutional President of Haiti, the use of violence and the violation of human rights, and requesting the Secretary-General to consider providing support sought by the Secretary-General of the Organization of American States in implementing the mandates arising from resolutions adopted by the regional organization. Since then the Organization of American States (OAS) and the United Nations have been exerting great efforts to restore constitutional order and respect for human rights in Haiti. To that end, talks between the representatives of the deposed Government and of the de facto Government have been held under the auspices of the OAS in Cartegena de Indias, Caracas and Washington. High-level missions have been sent to Haiti to meet with the authorities in power. The most recent mission, which was led by the Secretary-General of the OAS and in which a representative of the Secretary-General of the United Nations participated, visited Haiti from 18 to 21 August 1992 and met with various sectors of Haitian society. That mission reached an agreement on the dispatch of 18 civilian observers from the OAS, who were given the task of visiting various parts of tne country to help reduce violence, promote respect for human rights, facilitate the distribution of humanitarian assistance and evaluate the progress achieved towards solving the crisis. All the efforts made by the international community and by the OAS, in particular, have failed thus far to achieve the desired results. My country believes that the restoration of democracy and respect for human rights in Haiti are two indispensable conditions for solving the problem. The draft resolution submitted by the Latin American and Caribbean Group to the General Assembly for consideration reflects that opinion. For that reason, my delegation supports that draft resolution and hopes it will be adopted by consensus.

I call on the representative of the United States on a point of order. (Mr. Ayala Lasso. Ecuador)

Under rule 77 (a) of the General Assembly's rules of procedure, I should like to present a motion to suspend the meeting for a brief period so that we can make efforts to achieve a better in fact a perfect result on the draft resolution that is before the Assembly.

I call on the representative of Haiti on a point of order.

The delegation of Haiti regrets that it must oppose the motion to suspend the meeting.

I shall suspend the meeting for 20 minutes. The meeting was suspended at 5.45 p.m. and resumed at 6.35 p.m.

As presiding officer, I believed that it was in the best interests of these proceedings to maintain order, and as it was unclear under which rule we were operating - to suspend the meeting briefly. I apologize if this may have caused any misunderstanding or delay.

I am grateful to you. Sir, for the time you have allowed us to hold consultations with interested delegations on the text of the draft resolution we are now considering. As a result of these consultations I should like to propose, with the assent of all the parties concerned, the replacement of the seventh preambular paragraph of draft resolution A/47/L.23 with the following text, which I shall read in English. The replacement text, which has the agreement of all the delegations concerned and which we submit to the General Assembly for consideration, reads: (spoke in English) "Concerned that the persistence of this situation contributes to a climate of fear of persecution and economic dislocation which could increase the number of Haitians seeking refuge in neighbouring Member States and convinced that a reversal of this situation is needed to prevent its negative repercussions on the region", (spoke in Spanish) With these amendments we trust that the text of draft resolution A/47/L.23 will be agreeable to Member States and that it can be adopted by consensus.

Before proceeding to take action on draft resolution A/47/L.23, as orally revised, I wish to announce that Canada has become a sponsor. May I take it that the Assembly decides to adopt draft resolution A/47/L.23, as orally revised? Draft resolution A/47/L.23. as orally revised, was adopted (resolution 47/20).

Before calling on representatives who wish to explain their position on the resolution just adopted, I remind them that, in accordance with General Assembly decision 34/401, explanations are limited to 10 minutes and should be made by delegations from their seats. Mr. SABALAT (Haiti) (interpretation from French): My delegation joins the representative of Venezuela in expressing on behalf of the people and Government of Haiti its sincere gratitude for, and deep appreciation of, the Assembly's speedy response in considering the draft resolution submitted at the current session. On this memorable day of the adoption by the world community of a commitment to the restoration of democracy to our country, my delegation is happy to express its most sincere thanks for the support of all the delegations which voted in favour of this historic resolution. It would be tedious - and indeed impossible for me to give a complete account of the Assembly's friendship, generosity and solidarity extended to us on this occasion. However, we must not fail to discharge the pleasant duty of emphasizing the exceptional commitment of the representatives of Latin America and the Caribbean in being with the Haitian delegation until today's successful outcome. The delegation of Venezuela and its Chairman, the countries of the Caribbean Community and the other delegations that sponsored the draft resolution can be assured of the underlying gratitude of the people and the constitutional Government of Haiti. Mrs. TAHIR-KHELI (United States of America): The United States remains committed to the restoration of the democratic process and the rule of law in Haiti and to a negotiated settlement that will return constitutional government to that country. My Government's condemnation of the coup d'etat which overthrew President Aristide on 30 September 1991 was swift and unequivocal. We have supported unconditionally the resolutions of the meetings of the Foreign Ministers of the Organization of American States (OAS) of 3 October 1991, 8 October 1991 and 17 May 1992. We support the OAS in calling for financial and commercial sanctions to pressure the illegal regime to conclude o political settlement and restore the legitimate Government to office. The United States does not recognize and does not conduct routine business with the illegal government in Port-au-Prince. The United States has condemned in the strongest terms the violence and the violations of human rights that occurred in Haiti following the coup and which have occurred with disturbing frequency in the ensuing months. The United States delegation urges all parties in Haiti to refrain from further violence, whether against individuals or institutions. We urge all parties to respect their obligations to abide strictly by the Universal Declaration of Human Rights and to observe fundamental principles of human decency. It has become clear that any settlement must include guarantees and assurances that the rights all parties will be protected. Acting now to (Mr. Sabalat. Haiti) respect and protect those rights in practice will help substantially to create an atmosphere conducive to meaningful negotiations. The United States applauds the efforts of the Secretary General of the Organization of American States to promote dialogue aimed at resolving the Haitian crisis. We applaud the support given those efforts by the Secretary-General of the United Nations. OAS Secretary General Baena Soares led a large delegation to Haiti from 17 to 21 August. His efforts resulted in agreement on talks between the two Haitian parties and the deployment of an OAS civilian mission in Haiti. Meetings that took place under Ambassador Baena Soares's auspices in Washington in early September led to agreement to ask former Jamaican Prime Minister Michael Manley to serve as a facilitator in further discussions between the Haitian parties. Nevertheless, we remain concerned that these talks have not made greater progress. We are dismayed that the resolution we have just approved does not specifically highlight the importance of these talks, and we urge that negotiations proceed expeditiously. The United States calls on all members of this body to urge the two sides to enter into meaningful and constructive discussions. These discussions must be aimed at a mutually acceptable political settlement at the earliest possible date. Further delay serves no one's interest. On the contrary, delay can only harden positions and cause further hardship for the long-suffering people of Haiti. Mindful of this suffering, the United States has provided substantial humanitarian assistance to the Haitian people. It is our intention to continue to do so. We also call on all Member States to increase humanitarian aid to Haiti. Finally, the United States remains concerned that the failure to implement OAS and United Nations resolutions on Haiti prolongs tension and contributes to the economic dislocation that encourages the migration of the Haitian people. This migration is a potentially destabilizing element for other States in the region. The United States has given asylum to large numbers of Haitians during the last year. We have also received thousands of applications from Haitians applying for refugee status at our Embassy in Port-au-Prince. But the United States cannot do all this alone. Our facilities have been overwhelmed. We call on others to assist in what is clearly an international problem. In fact, the United States has approached many countries, but the responsibility has not been assumed. The region has thus far failed to respond »ith solutions to the problems.

We have thus concluded this stage of our consideration of agenda item 22. TENTATIVE PROGRAMME OF WORK

I should like to make an announcement with regard to our programme of work for the morning of Monday, 30 November. At that meeting the General Assembly will take up the following: the report of the First Committee on agenda item 60, agenda item 150 and agenda item 40. Tho meeting rose at 6.45 p.m. (Mrs. Tahir-Kheli. United States)