S/36/PV.103 Security Council
Official Ilecords
Page
III the absence of the Presidellt. Mr. Roa Kour! (Cuba). Vice-Presidellt. rook the Chair.
My Government has firmly and consistently opposed all forms of racial discrimination, and it has time and again demanded that the Government of South Africa abolish its abhorrent policies of apartheid. Japan has supported numerous resolutions on this item and has extended maximum co-operation in the efforts of the international community to eradicate apartheid. We cannot, however, support the view that would seek a solu- tion to the problem of apartheid in the context of de- colonization. As a matter of principle, we refuse to en- dorse the notion of the United Nations encouraging armed struggle, no matter what the context is, and we believe that assistance to a national liberation movement should not include military assistance.
3. Some paragraphs of the resolutions mention and criti- cize particular Member States; we believe that this ap- proach does not contribute in a positive way to joint inter- national efforts to achieve the desired'end. In our view it is essential to seek a peaceful solution of the problem through talks among all racial groups in South Africa and, in order to induce changes within South African so- ciety,' to apply to South Africa, in a realistic and practical manner, as much international pressure as nossible.
4. While my delegation appreciates the main thrust of the work of the Special Committee against Apartheid, we cannot accept some of the conclusions and recommenda- tions contained in its reI-lOrt in document A/36/22 and Corr.l. For example, in appendix V it mentions a Jap- anese bank which in August 1980 allegedly underwrote, with six other banks of various countries, Eurobonds pub- licly issued for a financial institution in South Africa. An intensive investigation conducted by the monetary author- ity in Japan, however, has found that the company is in fact a iocal corporation established under local laws and regulations of the country concerned and is supervised by the authorities of the host country. The description con- tained in the report gives the erroneous impression that the Japanese bank was involved in this particular market I transaction. .
5. My delegation wishes once agair: to emphasize the well-known fact that the Government of Japan, respecting the relevant United Nations resolutions, has long and steadfastly called upon Japanese foreign exchange banks and their branches abroad which are under Japanese juris- diction to refrain from extending any loans to South Af- rica.
7. My delegation supported the six draft resolutions contained in documents A/36/L.39 and Add. I, 42 and Add.1 to 44 and Add. I, 48 and Add. I and 49 and Add.l. However, our affirmative votes should not be construed as positive support for all the paragraphs of those six resolu- tions. For reasons which my delegation has made clear, we have reservations on some of the paragraphs of these resolutions, and I should like to mention some of them for the record.
8. My delegation voted in favour of draft resolution A/36/L.42 and Add. I, although we do not support the sixth preambular paragraph, which mentions and criticizes two Member States. My delegation also has reservations on operative paragraph 4.
9. Although we voted in favour of draft resolution A/36/ L.39 and Add. I, we have reservations on the second part of operative paragraph I, as well as on some other parts.
10. My delegation once again points out that it has long been Japan's national policy to adhere to strict principles on the arms embargo, and Japan has accordingly prohib- ited the provision by Japanese nationals or corporate bodies of arms and related equipment, not only to South Africa but to the rest of tt:e world. In addition, the Gov- t:rnment of Japan has strictly implemented resolution 418 (1977) ever since it was adopted by the Security Council. With regard to the arms embargo against South Africa, with which draft resolution A/36/L.39 and Add.1 is con- cerned, Japan is determined to maintain its current policy of the prohibition of the export of arms to South Africa and to continue to implement the arms embargo in ac- cordance with resolution 418 (1977).
I have the honour to speak on behalf of the five Nordic countries: Denmark, Finland, Iceland, Sweden and Norway.
12. The Nordic countries' condemnation of apartheid and all forms of racial discrimination has been voiced in the Assembly on many occasions. We repeat it today. Our rejection is based on the traditional Nordic concepts of justice, freedom and democracy and our belief in the equality and dignity of every hllman being.
l3.'Our commitment to these goals is also demonstrated by our continued humanitarian assistance to the victi11,1f. of apartheid and by the measures taken by the Nordic coun-
15. First, the Nordic countries consider universality one of the basic principles of the Organization, and we can- not, therefore, accept any formulation that in one way or another seems to put this principle in doubt.
16.. Secondly, the United Nations was established in order to promote peaceful solutions to international prob- lems. Therefore, we cannot accept endorsement by the United Nations of the use of armed struggle.
17. Thirdly, the Nordic countries deplore the inappropri- ate and arbitrary singling out of individual countries and groups of countries. This year we have seen a marked increase in such formulations. We believe this is un- justified and counterproductive. It makes it more difficult than before to maintain the international consensus in the struggle against apartheid.
18. Fourthly, bec~use of the strict adherence of the Nor- dic countries to the provisions of the Charter we must generally reserve our position with regard to formulations whirh fail to take into account that only the Security Council can adopt decisions binding on Member States.
19. Fifthly, the implementation of some of the resolu- tions would encroach upon the constitutional freedoms and rights of Nordic citizens and private organizations.
20. Sixthly, the Nordic countries consider that only a free, democratic process based on one man, one vote can deterinine who can represent the South Africa people.
21. Those are the considerations on which most of our reservations are based. They apply, in particular, to draft resolutions A/36/L.34 and Add.!, concerning the situation in South Africa, A/36/L.37 and Add.!, concerning com- prehensive and mandatory sanctions against South Africa and A/36/L.38 and Add.!, concerning military and nu- clear collaboration with South Africa.
22.. All the Nordic countries- participated in the Interna- tional Conference on Sanctions against South Africa. On the basis of the outcome of this important Conference it is proposed in draft resolution A/36/L.35 and Add. 1 lO pro- claim 1982 as the International Year of Mobilization for Sanctions against South Africa. The Nordic countries voted in favour of this draft resolution. However, we would like to point out that the resolution does not take into account the guidelines for international years estab- lished by the Economic and Social Council. We partici- pated in the consensus on the Paris Declaration with some reservations, which are found in the report. We could not and cannot endorse the recommendations from the politi.: cal and technical commissions of the Conference, as called for in draft resolution A/36/L.37 and Add.!. These recommendations were not part of the consensus.
23. With regard to draft resolution A/36/L.38 and Add.!, I would like to emphasize, especially on behalf of
24. Furthermore, the Nordic countries voted in favour of draft resolution A/36/L.40 and Add. 1, concerning the question of an oil embargo against South Africa. We are prepared to join in a mandatory oil embargo imt'Osed by. the Security Council. Only such a decision can make the transport of oil to South Africa internationally illegal. Our affirmative vote must be seen in the light of this basic attitude. No~ay, the only net oil-exporting Nordic coun- try, has a policy of not selling oil to South Africa.
25. With regard to draft resolution A/36/L.42 and Add.!, on academic, cultural and sports boycotts, the Nordic countries wish to state that no Nordic Government is promoting or participating in the type of collaboration or exchange mentioned. In accordance with the Joint Nor- dic Programme of Action against South Africa a number of restrictive measures ha\',~ been taken in this respect. However, we must clearly reserve our position with regard to certain elements in this resolution which infringe on the constitutional rights enjoyed by Nordic citizens.
26. In this connection, we would also like to comment on draft resolution A/36/L.45 and Add.!, concerning pub- lic action and the role of mass media. In the Nordic coun- tries the mass media are continuously preoccupied with the abhorrence of the apartheid system. Our Governments also contribute to the promotion of information on the subject. However, governmental interference in this area that contradicts the freedom of the press would run coun- ter to the provisions of our Constitutions. Some aspects of the Berlin Declaration referred to in this resolution create problems for us in this respect.
27. All the Nordic countries voted against draft resolu- tion A/36/L.46 and Add. 1, concerning relations between Israel and South Africa. Such singling out of one indi- vidual country is highly inappropriate in this context. It must be deplored that this draft resolution has been intro- duced once again, as it seriously detracts from the main thrust underlying the other resolutions before us.
28. In conclusion, I wish to repeat that the Nordic coun- tries have supported most of the resolutions and sponsored some of the texts just adopted. This is in line with our consistent opposition to the system of apartheid in all its forms and manifestations. Our commitment to combat ac- tively the evil of apartheid remains firm.
29. Miss de BRUYNE (Belgium) (interpretation from French): The representative of the United Kingdom ex- plained the vote of the 10 States of the European Commu- nity. My delegation would like to explain that the intro- duction of useless or offensive elements has prompted Belgium to abstain in the vote on or vote against certain draft resolutions. Belgium's reserv.ltions in this regard are very well known. My delegation will therefore confine itself to explaining its vote on draft resolution A/36/L.39 and Add.1 on an arins embargo against South Africa.
30. Belgium scrupulously respects the arms embargo imposed by the Security Council, and so we voted in favour of that draft resolution. Nevertheless, my delega- tion is obliged to express certain reservations on this text. The indirect references that it contains to co-operation that
The Samoan delegation abhors apartheid as a philosophy, and we support boycotts and general . censure of. that l1!~st blatant practitioner of apartheId, South Afnca. PolIcIes based on racist philoso- phies not only violate acceli~~d standards of human de- cency but also result automatically in arbitrariness and to- talitarianism in the behaviour of Governments.
32. We look forward to the day when such policies are
~o longer practised in any corner of the globe. We be-
l~eve that that can come about only when genuine en-
hghtenmen~ of the peoples of the world is bolstered by the goodwIll and corresponding actions of their Govern- ments. Underlying all this must be a deep commitment on the part of both peoples and Governments to the basic principles of freedom.
33. We are in favour of the broad objectives of all the resolutions just adopted. We abstained, however: on draft resolution A/36/L.42 and Add. I because we bdlieve that the singling out of States in that resolution was neither necessary nor exhaustive. Similarly, we abstained in the vote on other resolutions which level serious accusations at specific countries. We are not at all sure that the accu- sations made are justified in the case of all the countries mentioned; nor are we convinced that the listings are ex- haustive.
34. .Mr. RICARDES (Argentina) (interpretation frqm Spamsh): The delegation of Argentina abstained in the
~ote on draft resolution A/36/L.46 and Add. I, on rela- tIons between Israel and South Africa, because we do not agree with the selective approach that it takes. At the same time, for similar reasons-and although this has not prevented us from giving our support to all the other draft resolutions which have been adopted-we wish to express our reservations regarding the references to various coun- tries which appear in some of the texts. As we have stated on s~veral occasions, the specific reference, by name, to certaIn countries-in addition to being unfairly discrimi- natory, in some cases-militates against support and, consequently, against the effectiveness of decisions adopted by the General Assembly.
35. The delegation of Argentina wishes to reserve its position on the following: first, the references to armed struggle in the eighth preambular paragraph and operative paragraph 13 of draft resolution A/36/L.34 and Add.1 ~cause t~at implies support for means of action not pro: vIded for In the Charter; secondly, references contained in the twelfth preambular paragraph and operative paragraph 14 of the same text, for the reason that the Government of Argentina abstained in the vote on article 44 of Additional Protocol I to the. 1949 Geneva Conventions concerning, combatants and pnsoners of war, which is still being stud-·
i~d by the .Argentine authorities; thirdly, we should lIke to ~ake. It.clear that.in Argentina's opinion, as stated on earher slmtIaruccaslons, Member States cannot be asked to comply with some of the measures contained in draft ~solution. Aj36/L.3,7 and ~d. 1 until the Security
~ouncd, the pnnclpal U~lted Nations organ with power to Impose mandatory sanctions against a State, has adopted the relevant resolutions. .
olu~i(:>ns in confor~~ty with my Government's strong op- pOSItion to the pohcles of apartheid of the Government of South Africa. The Assembly will recall that in the past my Government has consistently condemned that abhor- rent practice of racial discrimination; we will continue to do so until it is eliminated.
37. Although the Thai delegation voted in favour of draft resolution A/36/L.42 and Add. I, we have some res- ervations <?n the sixth preambular paragraph, which makes speCific references to certain countries. In singling out only two countries the General Assembly appears to have neglected other cases where sports contact with South Africa is still maintained. Moreover, the Assembly seems to overlook the fact that the New Zealand Govern- meQt was opposed to the Springbok tour and that New Zealand can claim a long record of opposition to apartheid.
38. My delegation believes that the international com- munity has more to gain from a common and collective
st~nd in dealing with this problem. The naming of coun-
tne~ on. a se~ective basis makes it impossible for this res- olution and mdeed some others to enjoy as broad a con- sensus as they fully deserve.
Jamaica voted in favour of all the draft ~solutions. in keeping with our strong opposition to the pohcies of apartheid of the regime of South Africa. However, we have done so with some reservations because of the approach taken in a few of the draft resolutions in which there has been a selective naming of countries for condemnation. wllen the factual basis for the charges is not clear. ThiS was the case particularly in draft resolu- tions A/36/L.38 and Add.l and. A/36/L.46 and Add.l.
~o. Ho~ever, in view of our support for strong interna- tional action against the apartheid regime of South Af- riqa, we voted in favour of all the draft resolutions.
41. Mr..MAUALA (Solomon Islands): My delegation reaffirms ItS total condemnation of apartheid as a crime
a~ainst humanity and its .total rejection of all policies de- Signed to perpetuate that mhuman svstem. We continue to believe that the task. of the United Nations is to devise
pr~ctical ways in which the international community can bnng about early but peaceful change in South Africa.
42. We understand the frustrations that are felt over the slow progress towards genuine change in South Africa. However, my delegation is not happy with the singling out and naming of certain countries for criticism, and there- fore we abstained on draft resolution A/36/L.34 and Add. I and A/36/L.42 and Add. I. In our determination to achieve practical results on the question of apartheid, let us not be divided and thus inhibit the effectiveness of the United Nations.
43. Mr.. AD~OYI (Togo, (interpretation from French): Once agam thiS year the Togolese Government, as in the past, wishes to express its indignation over the apartheid policy of ;- ·.th Africa.'
45. The South African people, represented by the Af- rican National Congress lANe], have the right to exist- ence and to dignity. For that reason my delegation voted in favour of all the draft resolutions, which would create the necessary conditions for that existence and for that dignity.
46. An appeal must be made to the entire international community, to all States, to put an end to this policy of apartheid. That is why, in connection with the wording of paragraph 4 of draft resolution A/36/L.37 and Add.l and paragraph 1 of draft resolution A/36/L.38 and Add.l, my delegation wonders whether the countries mentioned in those paragraphs are the only ones deserving of condem- nation. In this regard, my delegation would like to recall its position of priniciple, which is well known. My dele- gation feels that there is no need to mention countries by name if we are not certain of providing an exhaustive list of all the countries involved. This is a question of justice and of equity.
47. For that reason, my delegation abstained in the vote on paragraph 1 of draft resolution A/36/L.38 and Add.l. My delegation considers that the wording of paragraph 4 of draft resolution A/36/L.37 and Add. I and paragraph I of draft resolution A/36/L.38 and Add.l should have been formulated differently. Thus we have reservations concern- ing these two paragraphs.
My delegation voted in favour of draft resolution A/36/L.42 and Add. I. However, if there had been a separate vote on the sixth preambular paragraph, we would have expressed reservations on it.
My delegation was a sponsor of most of the draft resolutions on apartheid just adopted and supported all of them, because it is in full agreement with their purpose and spirit.
50. However, in addition to its reservations concerning operative paragraph I of draft resolution A/36/L.38 and Add. I, which was voted upon separately this morning, my delegation would also like to express its reservations on certain paragraphs oi the draft resolutions which selec- tively condemn or deplore the actions of certain countries, particularly operative paragraphs 3 and II of draft resolu- tion A/36/L.34 and Add. I, the sixth preambular para- graph and operative paragraph 4 of draft resolution A/36/ L.37 and Add.1 and the sixth preambular paragraph of draft resolution A/36/L.42 and Add.l. Therefore, if the aforementioned paragraphs had also been voted upon sep- arately, my delegation would have abstained on them, al- though in substance we support the draft resolutions.
72. Special economic and disaster relief assistance: (a) Office of the United Nations Disaster Relief Co- ordinator: report of the Secretary..General; (b) Special economic assistance programmes: report of the Secretary-General; (c) Implementation of the medium-term and long- term recovery and rehabilitatiO&l programme in the Sudano-Sahelian region: report of the Secretary-General REPORf OF THE SECOND COMMITTEE (PARrS I AND 11) (A/361737 and Add.I) 114. Mr. OULD SID'AHMED (Mauritania), Rapporteur of the Second Committee (interpretation from Arabic): I have the honour to present to the General Assembly the reports of the Second Committee on agenda item 12 [A/36/6911Add.2], item 69 as a whole and subitems (b), (d), (e), (j), (g), (i), (J), (0) and (p) thereof [A/36/694/ Add.1, 4, 5, 6, 8, 9 anil 12], item 70 [A/36/812] and item 72 [A/36/737 and Add.l]. Pursuant to rule 66 of the rules of procedure, it was decided not to discuss the reportsof the Second Commit- tee.
Vote:
31/37
Consensus
The delegation of Brazil voted in favour of the 16 draft resolutions. I wish to state, however, that, with regard to draft resolution A/36/L.34 and Add. I. we believe that the language used in some of its provisions could have been improved, so as to gamer even wider support.
52. As regards draft resolution A/36/L.37 and Add. I, on comprehensive mandatory sanctions, we have doubts
53. As regards draft resolution A/36/L.38 and Add.l, on military and nuclear collaboration with South Africa, we believe that some of its provisions should have been drafted in a more balanced manner.
54. In connecti0n with operative paragraph 2 of that draft resolution, my delegation wishes to state once again my Government's steadfast opposition to any kind of mili- tary alliance involving South Africa.
My delegation voted, as was its duty, in favour of all the draft resolutions relating to the policies of apartheid of the Government of South Africa. By doing so my delega- tion wished to express once again its solidarity with the people of South Africa and to reaffirm its condemnation of the apartheid system.
56. Furthermore, my delegation was a sponsor of most of the draft resolutions on which the General Assembly has just voted. My delegation was not able to endorse or sponsor all the draft resolutions, because it has a certain number of reservations on the wording of some para- gr:-'i·hs of some of the texts which are discriminatory and with which my delegation cannot agree.
My delegation's affir- mative vote on draft resolutions A/36/L.34 and Add. I to 45 and Add. I and A/36/L.47 and Add.l to 49 and Add. I, just adopted, represents and strengthens the commitment of the Bahamas Government to the just and legitimate struggle of the black majority of southern Africa against the inhuman system of apartheid, which has long been recognized by the United Nations as a crime against hu- manity and an affront to the dignity and conscience of mankind.
58. My delegation is also aware that many States and private organizations are now re-examining measures, col- lective ar.d unilateral, which may be taken to make South Africa realize that the world can no longer tolerate the hypocritical philosophy of bantustanization, its continued acts of aggression against the neighbouring States and its efforts to increase its nuclear capability.
59. However, it is disconcerting to my delegation that statements during the debate indicate that there is no unanimity on the view that effective eradication of apartheid and violations of human rights also calls for the implementation of action-oriented measures against the South African regime in the areas of economic and social development.
60. Having said this, we feel that it is regrettable that certain countries and regional groups are singled out for censure on these matters, and in addition it is fair to as- sume that the tone of the language contained in some of the texts makes it virtually impossible to gain the kind of universal support that would make the elimination of this abominable crime a reality in the near future.
61. Despite- the frustrations we all must feel regarding South Africa's intransigence and the need to seek harsher measures, my Government expresses the hope that the long overdue solution to this grave dilemma can be reached through peaceful means, as outlined in the Char-
The delegation of Suriname has voted in favour of the draft resolutions, condemning the policies of apartheid of the Government of South Africa. In this way, my delegation expressed its support for the underlying principles as contained in the various resolutions adopted in the General Assembly.
64. With regard to draft resolution A/36/L.37 and Add.1, however, the delegation of Suriname wishes to place on the record that it would have preferred another wording of operative paragraph 4 of that resolution. Had a separate vote been taken on that paragraph, my delegation would have abstained.
The delegation of Chile voted in favour of most of the draft resolutions adopted this morning. We did so because we abhor all racial discriminatory practices and, in partic- ular, the system of apartheid. None the less, we felt obliged to withhold our support from some of the texts introduced here because we have serious reservations as to whether they really contribute successfully to the struggle agaill'3t apartheid.
66. First of all, we reaffirm our opposition to the prac- tice of singling out States by name in dealing with the question of collaboration with South Africa. Furthermore, we would like to express our disagreement with the policy of asking Member States to take extreme measures against South Africa, not only because this is irreconcilabie with a free system and falls within the internal jurisdiction of States but also because the adoption of such measures de- volves exclusively upon the Security Council.
67. We were particularly troubled by the gratuitous and baseless allusion made to a so-called joint military agreement of the South Atlantic, in which South Africa is alleged to participate. We reject, as Latin Americans, any imputation of that sort, as many countries from our region have already firmly done.
68. Finally, we should like to say that we are in dis- agreement with the wording chosen in the drafting of cer- tain provisions of some draft resolutions, for we· feel that the spirit that should infuse those that draft s\)~h resolu- tions should always embody a search for the broadest possible consensus, in order to indicate very clearly that the international community rejects racism and wishes to see the system of apartheid disappear.
The delegation of Peru voted in favour of the draft resolu- tions, in keeping with our constant position of firmly reject- ing and condemning the system of apartheid which exists in South Africa. None the less, our delegation must ex- press some specific reservations on the paragraphs of sev- eral resolutions in which certain Member States are con- demned by name. We consider that those resoiutions may be interpreted as being selective, and, therefore, discrimi- natory.
Vote:
31/100
Consensus
Sri Lanka has voted in favour of all the draft resolutions and was, in fact, a sponsor of four of them.
72. Sri Lanka's support for the elimination of apartheid in South Africa is too well known to require repetition here. However, my delegation would have preferred there to have been no specific condemnation by name of coun- tries with which Sri Lanka has diplomatic relations. It was for this reason that Sri Lanka abstained on the sepa- rate vote on operative paragraph 1 of draft resolution A/36/L.38 and Add.I. Nevertheless, Sri Lanka voted in favour of all the draft resolutions.
The delegation of Ecuador, faithful to its con- stant policy of·reje.;;ting any type of racial discrimination, and in particular the shameful form which this takes in the policy of apartheid of the Government of South Af- rica, has voted in favour of all the draft resolutions sub- mitted on this item. My delegation, however, would like to place on record the following considerations.
74. ,First, Ecuador has always rejected apartheid most categorically as a crime against humanity, and, in keep- ing with the International Convention on the Elimination of All Forms of Racial Discrimination, it was the first Latin American State to sign the International Convention on the Suppression and Punishment of the Crime of Apartheid.
75. Secondly, the Government of Ecuador maintains no official relations whatsoever with the Government of South Africa and refrains from promoting any type of trade with it in spite of our .free ulterprise system. We shall spare no effort in preventing transactions from tak- ing place between South Africa and Ecuador.
76. Thirdly, according to the Political Constitution of Ecuador, approved by a popular refe~ndum in 1978, this policy was ratified as· follows:
"Article 4. The State of Ecuador condemns all forms of colonialism, neo-colonialism and discrimination or racial segregation. We recognize the right of peoples to free themselves from such systems of oppression . . .
"Article 9, paragraph 4. Any discrimination on grounds of race, colour, sex, language, religion, lin- eage, political or other opinion, social origin, economic position or birth is prohibited."
77. Fourthly, we agree with the contents and meaning of draft resolution A/36/L.34 and Add. 1, but we think that the wording of its operative paragraph 3 is not fair or appropriate. That is why we would have abstained on that paragraph had there been a separate vote on it. We ab- stained for the same reason on operative paragraph 1 of draft resolution A/36/L.38 and Add.1.
78. Fifthly, with regard to draft resolution A/36/L.45 and Add. 1, we supported it on the clear understanding that it does not in any way affect the principle of ,freedom of information contained in article 19 of the Universal
79. Regarding the recommendation concerning a pub- licitycampaign to mobilize the international public against apartheid, Ecuador supports this as an appeal, like the one made to all the information media in the Committee on Information with regard to other priority areas of United Nations action, and for more informa- tion on the Organization itself, so that the attention of the world may be better focused on third world countries to ensure economic, social and cultural development.
Mr. O,.n (Sweden), Vice-President, took the Chair.
Costa Rica's position on apartheid is well known and has been reiterated firmly year after year, and this was also made clear during the voting on the draft resolutions on apartheid in South Af- rica.
81. I should like to recall that Costa Rica participated actively in the Special Committee against Apartheid for a period of seven years following its establishment and acted as Vice-Chairman for many months on various oc- casions.
82. We agree that, as has been said here, apartheid denies the very essence of man. We supported all the draft resolutions-with the exception of draft resolution A/36/L.46 and Add.l. We abstained on that draft resolu- lion because we could not agree to singling out one coun- try and devoting an entire text to it. We do not think that contributes to a proper study of the agenda item, and that is what concerns us today above all else.
83. With regard to the other draft resolutions, we voted in favour of them because we are in favour of all efforts made by the United Nations to get rid of apartheid, which is a crime against humanity, as stated by the United Nations, both as a State policy and as an inhuman and detestable ideology. None the less, we must indicate Ihat we cannot go along with some paragraphs and con- cepts contained in some of the draft resolutions adopted, such as A/36/L.34 and Add. 1, 37 and Add.l, 38 and Add. 1, 42 and Add.l and 45 and Add.l, because they contain elements which we do not accept and which do not seem to us to be appropriate. For example. we could not accept the wording of paragraphs I and 2 of draft resolution A/36/L.38 and Add.l. We abstained in the sep- arate vote on operative paragraph I of that draft resolution for that reason.
84.. Consequently, Costa Rica's position on the various draft resolutions is consistent with its position on the ten- dency to single out certain countries only.
85. With regard to draft resolution A/36/L.42 and Add. 1, we have reservations on the fifth preambular para- graph, which we feel is inappropriate and unjust, and on operative paragraph 3 of that text. In Costa Rica sports do not come under the jurisdiction of the State, thus the State cannot dictate to sporting organizations concerning their activities, travel or contracts. In the same way, Costa RIca cannot accept the legitimacy of requesting States to impose certain sanctions and limits on individuals, as that would be a violation of the Costa Rican Constitution and
86. The Costa Rican delegation bases its reservations on three main points: first, the mention of certain sanctions against individuals, because that would go against our own political Constitution; secondly, the naming of some countries, because it is unacceptable to mention some and leave out others; and thirdly, the mention of declarations and conferences that are outside the orbit of the United Nations, because in some cases these would seem to in- volve political propaganda and they include documents adopted without Costa Rica's agreement, such as the Berlin Declaration and the Paris Declaration, the first of which is mentioned in paragraph 3 of draft resolution A/36/L.45 and Add. I , and the second referred to in draft resolution A/36/L.34 and Add.1 and A/36/L.41 and Add. I.
87. Notwithstanding these reservations, Costa Rica reit- erates its support for all efforts by the United Nations to eliminate the policy of apartheid in South Africa.
Vote:
32/95
Consensus
I call on the representative of the Gennan Democratic Republic, who wishes to speak in ex- ercise of his right of reply.
In their explanations of vote two representatives, in con- nection with the International Seminar on Publ icity and Role of Mass Media in the International Mobilization against Apartheid, referred to "East Berlin", but the only East Berlin I know is a place situated in the environs of New York City. As far as the Seminar is concerned, 1 must recall that that event took place in Berlin, German Democratic Republic, as can easily be seen by reading the text of draft resolution A/36/L.45 and Add. I carefully.
Owing to an unfortunate over- sight, the Chairman of the Special Committee against Apartheid, who had requested to speak at the end of the consideration of agenda item 32, was not invited to speak. I regret this misunderstanding and wish to infoon the Assembly that the statement he intended to make on behalf of the Special Committee will be issued as a docu- ment of the General Assembly [see A/36/849].
Vote:
31/169
Consensus
3. Credentials of representatives to the thirty-sixth session of the General Assembly (concluded):* (b) Report of the Credentials Committee
I invite members to turn their attention to the draft resolution recommended by the Credentials Committee in paragraph 12 of its second report [A/36/517/Add.J]. I call on the representative of Pakistan to speak in explanation of vote.
With regard to the second report of the Credentials Committee, my delegation wishes to record its formal reservations concerning the credentials of the representatives of the Kabul authorities to occupy the seat of Afghanistan at this session. This position is consistent with the principled
93. My delegation also wishes to make it clear that the fact that the Pakistan delegation has not considered it necessary to raise any objection to the credentials of the Kabul delegation should in no way be interpreted as recognition of the regime in Kabul or acquiesence in foreign military intervention in Afghanistan.
94. With ~lat reservation, my delegation supports the recommendations of the Credentials Committee.
Vote:
32/97
Consensus
The Credentials Committee adopted the draft resolution in paragraph 12 of its report without a vote. May I take it that lthe General Assembly wishes to do so also?
The draft resolution was adopted (resolution 36/2 B).
I shall now call on those delegations wishing to explain their position.
Vote:
361180
Consensus
I should like to stress very briefly that the fact that my delegation has not objected to the credentials of the delegation of Afghanistan does not mean that my Government regards the Babrak Karmal regime as a Government.
98. Miss de BRUYNE (Belgium) (interpretation from French): I wish to make it clear that the fact that my delegation did not raise any objection to the credentials of Afghanistan should not be interpreted as recognition by us of the present regime in Afghanistan, which was imposed from outside upon the Afghan people.
The fact that my delegation has not·challenged the credentials of the Afghan delegation must be viewed in relation to our understanding of the competence of the Credentials Committee. We have always held the view that that Committee has solely the technical task of examining whether the credentials of a delegation are formally in order. Since we do not want our position regarding the Babrak Karmal regime to be misunderstood, I should like to place it on record that the fact that we do not protest against the Credentials Committee's report does not mean that we recognize the legitimacy of a regime installed and kept in power by foreign intervention.
100. Mr. LoGoGLU (Turkey): The delegation of Thrkey has consistently supported all United Nations resolutions on Aighanistan calling for the withdrawal pf foreign forces from that country and upholding the right of its people to determine its own future without outside interference. The position of Turkey with respect to the presence of Afghanistan in the United Nations at this time should therefore be understood within that context.
My delegation associates itself with the statement made by the representative of * Resumed from the 69th meeting. Pakistan and expresses its reservations regarding the ** Resumed from the 77th meeti'lg.
Notification by the Secretary-General under Article 12, paragraph 2, of the Charter of the United Nations
May I take it that the General Assembly takes note of document N36/503, containing a note by the Secretary-General?
It was so decided (decision 36/436).
10. Report of the Secretary-General on the work of the Organization
It has been customary for the Assembly merely to take note of the annual report of the Secretary-General. This year's report has been referred to with great interest on several occasions during the present session. Unless I hear any objection, I shall therefore take it that the Assembly wishes to follow the usual practice. AGENDA ITEM II Report of the Security Council
It was so decided (decision 36/437).
The report of the Security Council for the period 16 June 1980 to 15 June 1981 is contained in document N36/2. May I consider that the General Assembl~ takes note of the report of the Security Council?
It was so decided (decision 36/438).
17. Elections to till vacancies i'n subsidiary organs (con- tinued):* (e) Election of the members of the Board of Gover- nors of the United Nations Special Fund for Land-locked Developing Countries
Since no candidate has been put forward, I suggest that the General Assembly decide to defer until its thirty-seventh session the election of the members of the Board of Governors of the United Nations Special Fund for Land-locked Developing Countries. If I hear no objection, I shall take it that that is the wish of the Assembly.
It was so decided (decision 36/319).
18. Appointments to till vacancies in subsidiary organs and other appointments :** (g) Appointment of six members of the Joint Inspection Unit; (h) Appointment of the members of the Peace Observation Commission;
We shall take up first subitem (g), dealing with vacancies in the Joint Inspection Unit. I invite· members to turn their attention to two notes by the President [A/36/698/Rev,1 and Rev.lIAdd.l]. As a result of consultations, including consultations with the President of the Economic and Social Council and with the Secre- tary-General in his capacity as Chairman of the Admin- istrative Committee on Co-ordination, I have drawn up the following list of candidates for appointment as mem- bers of the Joint Inspection Unit for a five-year term be- ginning on 1 January 1983: Mr. Mark AlIen (United Kingdom of Great Britain and Northern Ireland); Mr. Alexander Sergeevich Efimov (UnioD of Soviet Socialist
~epublics); Mr. Toman Hutagalung (Indonesia); Mr. Mohamed Salah Eldin Ibrahim (Egypt); Mr. Nasser Kad- dour (Syrian Arab Republic); and Mr. Norman Williams (Panama).
107. May I take it that it is the wish of the General Assembly to appoint thos~ candidates?
It was so decided (de~!sion 36/320).
We turn next to subitem (h), relating to the appointment of the members of the Peace Observation Commission, which was established by the General Assembly on 3 November 1950 ~mder its resolu- tion 377 A (V). The present 12 members of the Commis- sion are: Czechoslovakia, France, Honduras, India, Israel, New Zealand, Pakistan, Sweden, the Union of Soviet So- cialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America and Uruguay. The two-year term of office of all those mem- bers will expire on 31 December 1981.
109. I call on the representative of Kuwait.
110. - Mrs. AI-MULLAH (Kuwait): My delegation would like to propose formally that consideration of this item be postponed until tomorrow.
Ill. The PRESIDENT: In accordance with rule 78 of the rules of procedure of the General Assembly, I suggest that the consideration of this item be postponed until to- morrow.
It was so decided.
We turn now to subitem (j). In his note relating to the confirmation of the appointment of the Executive Director of the United Nations Special Fund for Land-locked Developing Countries [A/36/816] , the Secretary-General states that he is not submitting an ap- pointment for confirmation by the General Assembly. May I take it that the General Assembly decides to ta.~e note of document A/36/816? •
It was so decided (decision 36/321).
13. Report of the Internationai Court of Justice
The repmt of the International Court of Justice covering the period from 1 August 1980 to 31 July 1981 is contained in document A/36/4. I pro-
The positions of delegations re- garding the various recommendations of the Second Com- mittee have been made clear in the Committee and are reflected in the relevant summary records. .
116. I should ljke to remind members that, by the terms of its decision 34/401, the General Assembly agreed that when the same draft resolution is considered in a Main Committee and in plenary meeting a delegation should, as far as possible, explain its vote only once, that is, either in the Committee or in the General Assembly, unless that delegation's vote in the plenary meeting is different-from
117. I invite members to turn their attention to part III of the report of the Second Committee on agenda item 12 [A/36/69l/Add.2]. The Assembly will now take decisions on the recommendations of the Second Committee.
118. The draft resolution in paragraph 7 is entitled ..Permanent sovereignty over national resources in the oc- cupied Palestinian and other Arab territories". The report of the Fifth Committee on the administrative and financial implications of that draft resolution is contained in docu- ment A/36/834. A recorded vote has been requested.
A recorded vote was taken.
The draft resolution was adopted by 115 votes to 2, with 24 absentions (resolution 36/173). I
The Second Committee also recommends the adoption of the draft decision contained in paragraph 8 of its report. May I take it that the General Assembly adopts that draft decision?
The draft decision was adopted (decision 36/440).
I call on the representative of Chile, who has asked to speak in explanation of vote.
121. Mr. BAZAN (Chile) (interpretation from Spanish)~ The delegation of Chile voted in favour of the draft reso- lution on peI.:J.anent sovereignty over national resources in the occupied Palestinian and other Arab tenitories because
We turn now to the report of the Second Committee dealing with agenda item 69 as a whole, entitled "Development and international economic co-operation", and subitem (b) thereof [A/36/694/Add.l]. The Assembly will now take decisions on the draft reso- lutions recommended by the Second Committee.
123. Draft resolution I, entitled "Co-operation between the United Nations and the Agency for Cultural and Tech- nical Co-operation", was adopted by the Committee with- out a vote. May I take it that the General Assembly also wishes to adopt it?
Draft resolution I was adopted (resolution 36/174).
We turn now to draft resolution 11, entitled "Specific action related to the particular needs and problems of land-locked developing countries". A separate, recorded vote has been requested on operative paragraph I.
A recorded vote was taken.
I now put to the vote drafl reso- lution 11 as a whole. A recorded vote has been requested.
Against: None.
Abstaining: Burma, Chile, India, Lebanon, Pakistan, Sierra Leone.
Draft resolution 1/ as a whole was adopted by 137 votes to none, w!th 6 abstentions (resolution 36/175).3
We come now to draft resolu- tion Ill, entitled "Expansion of the conference facilities of the Economic Commission for Africa at Addis Ababa". The administrative and financial implications of that draft resolution are to be found in the report of the Fifth Com- mittee tA/36/714, para. 3]. Draft resolution III was adopted by the Committee without a vote. I take it that the General Assembly wishes to do the same?
Draft resolution 1/1 was adopted (resolution 36/176).
Draft resolution IV is entitled "Transport and Communications Decade in Africa". The administiative and financial implications of that draft res- olution are to be found in paragraph 6 of document N361714. The Second Committee adopted the draft reso- lution without a vote. May I take it that the General As- sembly wishes to do the same?
Draft resolution IV was adopted (resolution 36/177).
Draft resolution V, entitled "Multinational Programming and Cperational Planning Centres", was also adopted by the Second Committee without a vote. May I take it that the General Assembly wishes to do the same?
Draft resolution V was adopted (resolution 36/178).
Draft resolution VI was adopted (resolution 361179).
Draft resolution VII, entitled "Special measures for the social and economic develop- ment of Africa in the 1980s", was also adopted by the Committee without a vote. May I take it that the General
As~embly also wishes to adopt it?
Draft resolution Vll was adopted (resolution 361180).
The Second Committee recom- mends the adoption of a draft decision in paragraph 44 of its report. I take it that the General Assembly wishes to adopt it.
The draft decision was adopted (decision 361441).
I call on the representative of Brazil, who has asked to speak in explanation of vote.
Vote:
A/36/694/
Consensus
Brazil voted in favour of both operative paragraph I of draft resolution 11 and of the text as a whole. We wish in this context to reaffirm our belief that the lack of access to the sea poses prob- lems for the economic development of the land-locked de- veloping countries. Bilateral agreements between land- locked developing countries and transit countries can sig- f,'ificantly reduce the scope of ~uch problems. The agree- ments which Brazil has entered into with its land-locked neighbours assure them, therefore, of free access to the sea and freedom of transit.
134. I turn now to draft resolution VI and should like to state that on 24 July 1981, in the Economic and Social Council,4 the Brazilian delegation commented on the sub- ject of the interrelationships between resources, environ- ment, people and development. The statement we made then still stands in its entirety. We also indicated in the Council that we e~pected to have a more thorough discus- sion of this subject in the General Assembly. Unfortu- nately, this did not occur.
135. We did not fUlly share the views of the Director- General for Development and International Economic Co- operation, as expressed in document El1981165 submitted to the Economic and Social Council, just as we do not fully share his views in the annex to document A/36/571 submitted to the General Assembly. We had felt in addi- tion that in response to Council resolution 1981/51 the Brazilian Government would have been formally con- sulted on this subject; it was not. Explanations have been given, and we are now formally consulting the Secretary- General on this specific point in order to avoid future misunderstandings.
136. Let me make clear that we have no difficulty with the explicitly ~tated objectives of the work programme on interrelationshIps "to enlarge and improve the capacity of the international community to prepare for the future of humankind" [AI361571 , annex, para. 5]. In this con- text, the work programme is welcomed, and that is why we worked for and joined the l.onsensus on this resolu- tion.
138. We feel that the Director-General must agree with that and recognize such facts. Let me emphasize in this context that the last preambular paragraph in draft resolu- tion VI, which we have just adopted, recognizes that the formulation of relevant integrated national policies! and strategies is the prerogative of Governments and not, as implied in paragraph 13 (b) of the annex to document A/36/S71, something that might fall outside such pre- rogative.
139. Also, the Brazilian Government does not share some other concepts such as thuse of "global accountabil- ity" and "international responsibility" referred to in the same document. They clearly go beyond the scope of the proposed programme of work, and we hope that no inter- national organization or secretariat will embark upon paths which have not yet been covered and exhausted at the intergovernmental level.
140. The Brazilian Government expects to be consulted on the basis of paragraph I (h) of the resulution just . adopted, and we shall then elaborat~ further on this sub- ject. However, we wanted to have on record, as we did in the Economic and Social Council,' some of the reserva- tions that we have in respect of some of the premises of the work programme which. the Director-General for De- velopment and International Economic Co-operation is now authorized to pursue. The Brazilian Government will formally revert to them in the near future, therefore, when consulted.
I now invite members to turn their attention to part V of the report of the Second Com- mittee on agenda item 69 covering subitem (d), entitled "Industrialization" (AI361694IAdd.4]. The Assembly will take decisions on the draft resolutions recommended by the Second Committee.
142. Draft resolution I concerns the revision of the lists of States eligible for membership in the Industrial Devel- opment Board. It was adopted without a vote in the Sec- ond Committee. May I take it that the General Assembly wishes to do the same'?
Draft resolution I was adopted (resolution 361/8/).
Draft resolution 1I is en!itled ••Industrial development co-operation". The report of the Fifth Committee on the administrative and financial im- plications of that draft resolution is contained in document A/36/829. The Second Cpmmittee adopted the draft reso- lution without a vote. May I take it that the General As- sembly wishes to do the same?
145. The 15 outgoing members are: Australia, Burundi, China, Germany, Federal Republic of, Guatemala, Iraq, Malaysia, Malta, Mexico, Nigeria, Panama, Poland, Togo, Turkey and United Kingdom of Great Britain and Northern Ireland. Those members are eligible for immedi- ate re-election.
146. J should like to remind members that after 1 Janu- ary 1982 the following States will still be members of the Industrial Development Board: Argentina, Austria, Belgium, Brazil, Central African Republic, Czechoslo- vakia, Denmark, Ecuador, France, Gabon, German Dem- ocratic Republic, Guinea, India, Indonesia, Italy, Japan, Kenya, Madagascar, Mongolia, Morocco, Netherlands, Pakistan, Romania, Sri Lanka, Sweden, Switzerland, Trinidad and Tobago, Union of Soviet Socialist Republics, United States of America and Zambia. Therefore, those 30 States are not eligible for election.
147. May I remind members that, in its decision 34/401, the General Assembly agreed that the practice of dispens- ing with the secret ballot for elections to subsidiary organs when the number of candidates corresponds to the number of seats to be filled should become standard, un- less a delegation specifically requests a vote on a given election.
148. The chairmen of the regional groups have informed me of the following candidatures: for six seats from list A: Afghanistan, China, Iraq, Lesotho, Liberia, Malaysia and Sierra Leone; for five seats from list B: Australia, Germany, Federal Republic of, Spain, Turkey and United Kingdom of Great Britain and Northern Ireland; for three seats from list C: Mexico, Panama and Venezuela; for one seat from list D: Poland.
149. With reference to the six seats from list A, the number of candidates endorsed for the three vacancies for African States corresponds to the number of seats to be filled. However, regarding the three vacancies for Asian. States, the Chairman of the group of Asian States has informed. me that although the candidatures of Afghanistan and Malaysia were' endorsed by the group of Asian States, the group could not reach :.li.' agreed slate of candidates.
150. Since the number of candidates for the three vacan- cies from list A for African States and those for the va- cancies from lists B, C and 0 correspond to the number of seals to be filled in those groups, I declare the follow- ing candidates elected members of the Industrial Develop- ment Board for a three-year term beginning op 1 January 1982: Australia, Germany, Federal Republic of, Lesotho, Liberia, Mexico, Panama, Sierra Leone, Spain, Turkey, Ukrainian Soviet Socialist Republic, United Kingdom of Great Britain and Northern Ireland and Venezuela.
151. I apologize to members of the Assembly. There seems to be a mistake in my notes. They contain the name of Poland for list 0, but it is suggested that the seat should go to the Ukrainian Soviet Socialist Republic. I would ask the Chairman of the regional group represented in list 0 to inform the General Assembly which is the
To avoid any misunderstanding, I shall again read out the list of countries that have now been elected members for the new period: Australia, Ger- many, Federal Republic of, Lesotho, Liberia, Mexico, Panama, Sierra Leone, Spain, Turkey, Ukrainian Soviet Socialist Republic, United Kingdom of Great Britain and Northern Ireland and Venezuela.
154. Since in list A there are more candidates than va- cancies for the group of Asian States, the Assembly will now hold a ballot for that group. In accordance with exist- ing practice, the required number of candidates which re- ceives the largest number' of votes and not less than the majority required will be declared elected. In ca~e of a tie vote for the last place, there will be a restricted ballot limited to those candidates which have obtained an equal number of votes. May I take it that the General Assembly agrees to that procedure?
It was so decided.
The ballot papers will now be distributed. I would request members of the Assembly to use only those ballot papers and to write the names of the three States for which they wish to vote. Ballot papers containing more than that number will be declared in- valid.
156. I would remind members that the following Asian States will still be members of the Board after I June 1982 and are therefore not eligible for election: India, In- donesia, Mongolia, Pakistan and Sri Lanka. I would also remind members ~hat, for the three seats, the four candi- dates put forward by the regional group are: Afghanistan, China, Iraq and Malaysia.
157. The representative of Afghanistan has asked to speak. I would remind him that we are in the process of balloting and that no statement may be made unless it refers to the actual balloting.
Mr. President, I wish only to seek some clarification. You referred to a letter from the Cnairman of the group of Asian States. I would ask you to read out that letter.
The Chairman of the group of Asian States has informed me that although the candidates of Afghanistan and Malaysia were endorsed by the Asian group, the group could not reach an agreed slate of candi- dates.
Be(ore we start the vote. may I have some clarification? Which group is the ballot on?
The present ballot is on the Asian candidates in list A. where the number of candi- dates exceed~ the number of seats. That is why a ballot is necessary.
Does that mean that we have one group within another group?
As we understand it, list A includes Yugoslavia, in addition to the Asian and African countries. Where do we put Yugoslavia? What does the Legal Counsel say about that?
If it is agreeable to the repre- sentatives, I shall answer the question about Yugoslavia after consultation with the Legal Counsel. If members agree, we could proceed with the balloting that we had already started for the Asian seats.
166. The letter to the President of the General Assembly from the current Chairman of the group of Asian States, the Permanent Representative of Pakistan, reads as fol- lows:
"In my capacity as Chairman of the Asian group for the month of Nov~mber 1981, I have the honour to inform you that for the three Asian vacancies in the Industrial Development Board the following countries have announced their candidatures: Afghanistan, China, Iraq, Malaysia. Although the candidatures of Afghanistan and 'Malaysia were endorsed by the Asian group, the group could not reach an agreed slate of can- didates for the Industrial Development Board. In view of this, the matter may be resolved through an open election."
That is the suggestion of the Chairman of the group of Asian States-that we have an open election on the four Asian candidates for the three Asian seats. I would there- fore ask the Assembly to proceed with the balloting.
At the invitation of the President. Mr. Galka (Byelorus- sian Soviet Socialist Republic). Mr. Cabello Sarubbi (Par- aguay) and Mr. Hattinga van't Sant (Netherlands) acted as tellers.
A vote was taken by secret ballot.
I shall suspend the meeting briefly while the ballots are counted.
The meeting was suspended at 5.20 p.m. and resumed at 5.40 p.m.
The result of the voting IS as follows:
147o 147 1 146
Number of ballot papers: Invalid ballots: Number of valid ballots: Abstentions: Number of members voting:
Having obtained the required majority, the following three States from list A have been elected members of the Industrial Development Board for a three-year term beginning on 1 January 1982: China, Iraq and Malaysia.
Australia. China. Germany. Federal Republic of, Iraq. Lesotho. Liberia. Malaysia. Mexico. Panama. Sierra Leone. Spain. Turkey. the Ukrainian Soviet Socialist Re- public. the United Kingdom of Great Britain and North- ern Ireland and Venezuela were elected members of the Industrial Development Board for a three-year term be- ginning on 1 January 1982 (decision 36/322).
On behalf of the General AG- sembly, I wish to congratulate the countries which have been elected members of the Industrial Development Board and to thank the tellers for their assistance in this election.
171.. I now invite members to turn their attention to the report of the Second Committee on items 69 (e) and if) [A/36/694/Add.5]. The Assembly will'proceed to take ac- tion on the recommendations of the Committee.
172. Under subitem (e), the Second Committee recom- mends for adoption the draft resolution entitled "United , Nations Financing System for Science and Technology fer Development". The administrative and financial implica- tions of that draft resolution are set forth in paragraph 3 of the report of the Fifth Committee [A/36/827]. The Sec- ond Committee adopted that draft resolution without a vote. May I take it that the'.General Assembly wishes to do the same?
Vote:
32/413
Consensus
The draft resolution was adopted (resolution 36/183).
The Second Committee also recommends, under subitem (e), the adoption of draft de- cision I, entitled "Science and technology for develop- ment". May I take it that the General Assembly wishes to adopt draft decision I?
The draft decision was adopted (decision 36/442).
The Second Committee also recommends the adoption of draft decision 11, under sub- item (j), by which the Assembly would take note of tlle report of the Secretary-General on multilateral develop- ment assistance for the exploration of natural resources. May I take it that the General Assembly wishes to adopt that draft decision?
The draft decision was adopted (decision 36/443).
With reference again to item 69 (e), I should like to invite the attention of th~ Assembly to the report of the Fifth 'Committee [A/36/827]. In para- graph 4, the Fifth Committee decided without objection to recommend the adoption of a draft resolution entitled "Secretariat of the United Nations Financing System for
I now call on the representative of the United Kingdom, who has asked to make a state- ment to explain the position of a number of delegations.
I have the honour to speak on behalf of the European Community and its member States, on behalf of whom it was pointed out at the 10th meeting of the Second Committee that science and technology for development wag one of the most important items on the agenda of the General Assembly at its thirty-sixth session. The Community has taken an active and, we hope, constructive part in the subsequent discussions, at this session.
178. We are happy that solid progress has been made and that a c~nsensus has emerged. The long-term ar- rangements for the Financing System are to be launched on 1 January 1982, even if important aspects remam to be worked out. This seems to be a wise balance.
179. Throughout the negotiation of the draft resolution recommended by the Second Committee, the Community was guided by a desire to see a financing system estab- lished which would be viable, command wide support and bring maximum benefit to all. In this context, we are glad to note that the Financing System is to be organized on a voluntary and universal basis, and is to be open to the participation of all countries as full members. We wel- come these points.
180. It has been stated often, and it remains our posi- tion, that the funding of the Financing System should be voluntary in principle. To succeed, the System will need to be acceptable to and attract support from all those in a position to provide it. Additionally, any institutional ar- rangements should not prejudice the role of the United Nations Development Programme and its Governing Council in relation to the operational activities of the United Nations system.
181. We are glad to note that the impetus given at this session to work on the Financing System will continue in the new year. We look forward to the two meetings of the Ad Hoc Intergovernmental Group on the United Nations Financing SyStem for Science and Technology for Devel- opment scheduled to be held in -March and April 1982 in preparation for the fourth session of the Intergovernmental Committee on Science and Technology for Development.
We now turn to the report of the Second Committee on agenda item 69 (g) [A/36/694/ Add.6]. The General Assembly will now take action on the recommendations of the Committee.
183. Draft resolution I, entitled "Report of the World Food Council", was adopted by the Second 'Committee without a vote. May I take it that the General Assembly wishes to do the same?
Draft resolution I was adopted (resolution 36/185).
Draft resolution II, entitled "Situation of food and agriculture in Africa", was also adopted by the Second Committee without a vote. May I take it that the General Assembly wishes to adopt that draft resolution?
The draft decision was adopted (decision 36/444).
I call on the representative of Australia who has asked to speak in explanation of his delegation's position.
Australia was pleased to join in the consensus on draft resolution I, just adopted.
188. Nevertheless, while welcoming the acknowledge- ment, in the tenth preambular paragraph, of the "need for adoption by all countries of policies designed to avoid disruption of international trade", we are very disap- pointed that this resolution contains no explicit recogni- tion of the fact that export subsidization policies today are a major destabilizing element in international trade in ag- ricultural products. Those pursuing such policies force the whole burden of adjustment onto the world market and undermine the prospects for the harmonious development of world trade. More specifically, subsidy systems not only increase world price instability and generally depress the prices received by exporters on all exports, but also cause efficient producers to leave the market. The income losses thus caused to developed and developing countries alike (l.~ considerable.
189. It should not be forgotten that agricultural exports are a major source of the export income of developing countries. The effect of agricultural protectionist measures on the export incomes of developing countries is well documented. If agricultural protectionism did not exist, then, on the basis of studies by UNCTAD, financial flows to the developing world would be increased by $30 billion a year. That would release great resources for other devel- opment projects. In this sense, the problem is of interna- tional significance and should be of concern to developed and developing countries alike.
190. For its part, Australia will continue vigorously to pursue this issue in all appropriate forums, whether bilat- erally, in GATT, or here in the General Assembly. We have been encouraged by the fact that this year's consulta- tions have revealed a growing awareness among many countries of the issues involved, and we hope that in time this will be translated into appropriate and substantive ac- tion.
Next-we have the report of the Second Committee on agenda item 69 (0 [A/36/694/ Add.8]. The Assembly will now take a decision on the draft resolution recommended by the Committee, entitled "Restructuring of the economic and social sectors of the United Nations system".
192. The draft resolution was adopted by the Committee without a vote. May I take it that the General Assembly wishes to do the same?
The draft resolution was adopted (resolution 36/187).
Vote:
32/98
Consensus
The Second Committee also recommends the adoption of two draft decisions. Draft decision I is entitled "Draft resolution on the implementa-
The draft decision was adopted (decision 36/445).
Draft decision n is entitled ··United Nations pledging conferences for development activities". May I take it that the Assembly adopts that draft decision?
Vote:
32/99
Consensus
The draft decision was adopted (decision 36/446).
I now invite members to turn their attention to the report of the Second Committee on agenda item 69 (j) [A/36/694/Add.9]. The Assembly will now take action on the draft resolutions recommended by the Committee.
196. Draft resolution I is entitled "Problem of remnants of war". A recorded vote has been requested. In favour: Afghanistan, Albania, Algeria, Angola, Ar- gentina, Bahamas, Bahrain, Bangladesh, Barbados, Ben- in, Bhutan, Bolivia, Botswana, Brazil, Bulgaria, Burma, Burundi, Byelorussian Soviet Socialist Republic, Cape Verde, Central African Republic, Chile, China, Colom- bia, Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Djibouti, Dominican ~epublic, Ecuador, Egypt, El Salvador, Ethi- opia, Fiji, Gabon, Gambia, German Democratic Re- public, Ghana, Grenada, Guatemala, Guinea, Guinea- Bissau, Guyana, Haiti, Honduras, Hungary, India, Indo- nesia, Iran, Iraq, Jamaica, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya~ Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Mozambique, Nepal, Nicaragua, Nigeria, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, l>eru, Philippines, Poland, Qatar, Romania, Rwanda, Saint Lucia, Samoa, Sao Tome and Principe, Saudi Arabia, Si- erra Leone, Somalia,5 Sudan, Suriname. Swaziland, Syr- ian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian Soviet Socialist Re- public, Union of Soviet Socialist Republics, United Arab Emirates, United Republic of Cameroon, Uruguay, Van- uatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe. Against: None. Abstaining: Australia. Austria, Belgium, Canada, Den- mark. Finland, France. Germany, Federal Republic of, Greece, Iceland, Ireland, Israel, Italy, Ivory Coast, Japan, Luxembourg, Malawi, Morocco, Netherlands, New Zea- land, Niger, Norway, Portugal, Senegal, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland, United States of America. Upper Volta. '
A recorded vote "vas taken.
Draft resolution I was adopted by J15 votes to none. with 29 abstentions (resolution 36/J88).
Draft resolution 11 is entitled ••Session of a special character of the Governing Council of the United Nations Environment Programme". The ad- ministrative and financial implications of that draft resolu- tion are contained in the report of the Fifth Committee
Draft resolution 1I was adopted (resolution 36/189).
Draft resolution In is entitled "Implementation in the Sudano-Sahelian region of the Plan of Action to Combat Desertification". It too was adopted witho'"t a vote. May I take it that the General Assembly wishes to adopt it?
Draft resolution III was adopted (resolution 36/190).
Draft resolution IV, entitled "Study on financing the Plan of Action to Combat Des- ertification", was adopted by the Second Committee without a vote. I take it that the General Assembly also wishes to adopt it.
Draft resolution IV was adopted (resolution 36/191).
Draft resolution V, entitled '·in- ternational co-operation in the field of the environment", was also adopted without a vote in the Second Commit- tee. I take it that the General Assembly also wishes to adopt it.
Draft resolution V was adopted (resolution 36/192).
I call on the representative of the Federal Republic of Germany, who wishes to speak in explanation of vote.
It is the understanding of my Government that op- erative paragraph 6 of draft resolution V, which we have just adopted, does not prejudge the agenda, in accordance . with the consensus on draft resolution n, of the session of a special character of the Governing Council of UNEP. It is also the understanding of my Government that the addi- tional resources mentioned in operative paragraph 7 of the same resolution will be made available through existing channels.
We now turn to the report of the Second Committee (0) and (p) of agenda item 69 [A/36/694/Add.J2]. The Assembly will now take action on the recommendations of the Committee.
204. Draft resolution I is entitled "United Nations Con- ference on New and Renewable Sources of Energy". The administrative and financial implications of that draft res- olution are contained in the report of the Fifth Committee [A/36/830]. The Second Committee adopted draft resolu- tion I without a vote. May I take it that the General As- sembly wishes to do the same?
Draft resolution I was adopted (resolution 36/193).
Draft resolution 11 is entitled "United Nations Conference on the Least Developed Countries". The administrati'le and financial implications of that draft resolution are contained in the report of the Fifth Committee (A/36/828). Draft resolution II was adopted without a vote in the Second C?mmittee. Ma~ ,I take it that the General Assembly also WIshes to adopt It!
Draft rl:o>Jlw;on 11 was adopted (resolution 361194).
In paragraph 17 of its report, the Second Committee recommends the adoption of two
I call on the representative of France.
Vote:
32/100
Consensus
Following the adoption of draft resolution 11, the French delegation would like to express its satisfaction at seeing the Assembly endorse the conclu- sions of the United Nations Conference on the Least De- veloped Countries.
209. As the President of the Conference, Mr. Jean- Pierre Cot, himself said, following its work, the Con- ference concluded with solemn and unanimous commit- ments by the _international community towards those countries. My delegation notes with satisfaction that those undertakings have been confirmed by the consensus adop- tion of draft resolution 11. The results were made possible by the spirit of co-operation' which prevailed in Paris and which continued to prevail in the work of the Second Committee.
210. Thus our commSll will to contribute to the solution of problems facing the most disinherited of the developing countries has been reaffirmed. My delegation hopes that the provisions of the Substantial New Programme of Ac- tion for the 1980s for the least developed countries, now that they have been endorsed by the Assembly, can be implemented as speedily as possible. This applies in par- ticular to the follow-up procedure. which is one of the novelties of the Programme and which, globally and within each country, is aimed at ensuring the realization of the undertakings entered into at the Conference.
211. Lastly, I should like to express my Government's appreciadon for the provisions of operative paragraph 2, introduced en the initiative of the Group of 77 and adopted by the Assembly. My delegation will not fail to inform our authorities of this and they will be very appre- ciative of the honour done them and the confidence thus expressed in them. Nevertheless, it is quite certain that the positive results of the Conference could not have been obtained without the co-operation of all its participants, and thus of all Member States. We should like to thank them, therefore, on behalf of my 'Government.
The Assembly will now con- sider the report of the Second Committ~e on agenda item 70 [A/361812].
213. I call on the representative of Ecuador, who wishes to explain his vote before the vote.
I refer specifically to draft resolution VI, en- titled "United Nations Development Programme", on which we shall vote in favour, to state quite particularly that our support stems from the fact that, in case of a Programme as important as is this positive North-South action within the United Nations system, we support the appeal to all countries for an average annual increase of their contributions of at least 14 per cent; this has been endorsed by the developing countries, those of Latin America in particular, and that is very significant.
Vote:
32/101
Consensus
The Assembly will now take a decision on the recommendations of the Second Commit- tee.
217. I put to the vote draft resolution I, entitled "United Nations Special Fund for Land-locked Developing Coun- tries".
Draft resolution I was adopted by 119 votes to none, with 22 abstentions (resolution 361195).
Draft resolution 11 is entitled "United Nations Capital Development Fund". The Sec- ond Committee adopted that draft resolution without a vote. May I take it that the Assembly wishes to do the same?
Draft resolution Il lmS adopted (resolution 361196).
Vote:
35/94
Consensus
Draft resolution III is entitled "United NatiJns Children's Fund". The Second Commit- tee adopted that draft resolution without a vote. May I take it that the General Assembly wishes to do the same?
Draft resolution III lmS adopted (resolution 361197).
Draft resolution IV is entitled "United Nations Volunteers programme". The Second Committee adopted that draft resolution without a vote. May I take it that the General Assembly wishes to do the same'!
Draft resolution IV lmS adOPted (resolution 361198).
Draft resolution V is entitled "Operational activities for development". The Second Committee adopted that draft resolution without a vote. May I take it that the General Assembly wishes to do the same?
Vote:
33/173
Consensus
Draft resolution V was adopted (resolution 361199).
Draft resolution VI is entitled "United Nation~ Development Programme". The Second Committee adopted that draft resolution without a vote. May I take it that the General Assc;:mbly wishes to do the same?
Draft resolution VII was adopted (resolution 36/201).
Vote:
39/192
Consensus
Draft resolution VIII is entitled "Target for World. Food Programme·pledges for the pe- riod 1983-1984". The Second Committee adopted that draft resolution without a vote. May I take it that the General Assembly wishes to do the same?
Draft resolution VIII was adopted (resolution 36/202).
The Second Committee also recommends the adoption of a draft decision entitled '~s sistance by the United Nations system to regional inter- country techni~al co-operation institutions". May I take it tfiat'the General Assembly wishes to adopt that draft deci- sion?
Vote:
351/97
Consensus
The draft decision was adopted (decision 36/449).
The Assembly will now con- sider parts I and 11 of the report of the Second Committee on agenda item 72 [A/36/737 and Md.l].
227. Draft resolution I in part I of the report is entitled "Implementation of the medium-term and long-term recovery and rehabilitation programme in the Sudano- Sahelian region". The Second Committee adopted that draft resolution without a vote. May I consider that the General Assembly also wishes to adopt it?
Draft resolution I was adopted (resolution 36/203).
Vote:
40/143
Consensus
Draft resolution 11 is entitled
'~ssistance for the reconstruction, rehabilitation and de- velopment of Equatorial Guinea". The Second Committee adopted that draft resolution without a vote. May I take it that the General Assembly also wishes to adopt it?
Draft resolution II was adopted (resolution 36/204).
Next, draft resolution Ill, en- titled '~ssistance for the reconstruction and development of Lebanon". The Second Committee adopted that draft resolution without a vote. May I consider that the General Assembly also wishes to adopt it? 23{}. The PRESIDENT: Draft resolution IV is entitled '~ssistance for the reconstruction, rehabilitation and de- velopment of the Central African Republic". The Second Committee adopted that draft resolution without a vote. May I take it that (he General Assembly wishes to do so also?
Vote:
40/144
Consensus
Draft resolution III was adopted (resolution 36/205).
Draft resolution IV was adopted (resolution 36/206).
Draft resolution V is entitled
'~ssistance for the development of Liberia". The Second Committee adopted that draft n~solution without a vote. May I consider that the General Assembly wishes to do the same? ,.
Vote:
36/219
Consensus
Draft resolution V was adopted (resolution 36/207).
Draft resolution VI was adopted (resolution 36/208).
Vote:
55/108
Consensus
Draft resolution VII is entitled "Assistance to Sao Tome aEd Principe". The decision of the Fifth Committee on the administrative and financial implications of that draft resolution is contained in para- graph 2 of its report [A/36/795]. The Second Committee adopted the draft resolution without a vote. May I con- sider that the General Assembly wishes to do so also?
Draft resolution VII was adopted (resolution 36/209).
We now turn to draft resolution VIII, entitled '~ssistance to Chad", to which amend- ments .have been submitted by Chad and Kenya [A/36/L.57].
235. In .accordance with the rules of procedure, i shall first put to the Assembly the amendments contained in document A/36/L.57. The decision of the Fifth Commit- tee on the administrative and financial implications of those amendments is contained in paragraph 5 of its re- port. A recorded vote has been requested.
Vote:
40/233
Consensus
A recorded vote was taken.
Draft resolution Vlf. as amended. was adopted (resolu- tion 36/210).
Draft resolution IX is entitled
'~ssistance to Cape Verde". The Second Committee adopted that draft resolution without a vote. May I take it that the General Assembly also wishes to adopt it?
Vote:
40/234
Consensus
Draft resolution IX was adopted (resolution 36/2lJ).
Draft resolution X is entitled
"Assistanc~ to th~ Comoros". It was adopted by the Sec- ond Commi~tee without a vote. May I take it that the General Assembly also wishes to adopt it?
Draft resolution X was adopted (resolution 36/212).
Draft resolution XI is entitled
'~ssistance to Nicaragua". The Second Committee adopted the draft resolution without a vote. May I take it that the General Assembly also wishes to adopt it?
Draft resolution XI was adopted (resolution 36/213).
Draft resolution XII is entitled
'~ssistance to Zambia". The Second Committee adopted it without a vote. May I take it that the General Assembly also wishes to adopt it?
Draft resolution XII was adopted (resolution 36/214).
Draft resolution XIII is entitled ''Assistance to Mozambique". It was adopted by the Sec- ond Committee without a vote. May I take it that the General Assembly also wishes to adopt it?
Draft resolution XIII was adopted (resolution 36/215).
We now turn to draJt resolution XIV, entitled '~ssistance to Djibouti'·. The Second Com- mittee adopted it without a vote. May I take it that the General Assembly wishes to do likewise?
Draft resolution XIV was adopted (resolution 36/216).
Draft resolution XV is entitled "Special economic assistance to Guinea-Bissau". It was adopted by the Second Committee without a vote. May I take it that the General Assembly al;m wishes to adopt it?
Draft resolution XV was adopted (resolution 36/217).
Draft resolution XVI is entitled
'~ssistance to Uganda". The Second Committee adopted it without a vote. May I take it that the General Assembly wishes ~o do likewise?
Draft resolution XVI was adopted (resolution 36/218).
Draft resolution XVII is entitled
'~ssistance to Lesotho". The Second Committee adopted it without a vote. May I take it that the General Assembly wishes to do the same?
Draft resolution XVil was adopted (resolution 36/219).
Draft resolution XVIII was adopted (resolution 36/220).
We turn now to draft resolution XIX, entitled ''Assistance to the drought-stricken areas in Djibouti, Ethiopia, Kenya, Somalia, the Sudan and Uganda", which the Second Committee adopted without a vote. May I take it that the General Assembly also wishes to adopt it?
Draft resolution XIX was adopted (resolution 36/22/).
Draft resolution XX, entitled
'~ssistance to Botswana", was also adopted by the Sec- ond Committee without a vote. May I take it that the General Assembly wishes to do likewise?
Draft resolution XX was adopted (resolution 36/222).
Draft resolution XXI, entitled
'~ssistance to Zimbabwe", was adopted by the Second Committee without a vote. May I take it that the General Assembly also wishes to adopt it?
Draft resolution XXI lmS adopted (resolution 36/223).
I now invite members to turn their attention to the draft resolutions recommended by the Second Committee in part 11 of its report.
251. Draft resolution I, entitled "Expression of appre- ciation to the United Nations Disaster Relief Co-or- dinator", was adopted by the Second Committee without a vote. May I take it that it is the wish of the General Assembly to adopt it?
Draft resolution I lmS adopted (resolution 36/224).
I now put to the vote draft reso- lution 11, entitled "Strengthening the capacity of the United Nations system to respond to natural disaste~ and other disaster situations". A recorded vote has been re- quested.
A recorded vote was taken.
Draft resolution II was adopted by /28 votes to 9. with 6 abstentions (resolution 36/225).
I shall now call upon those rep- resentatives who wish to speak in explanation of vote after the vote.
My delega- tion would like to make the following statement in expla- nation of vote on draft resolution 11 contained in part 11 of the report.
255. The position of my country in regard to the role and function of UNDRO was clearly stated at the 27th meeting of the Second Committee. Since its est,3blishment in 1971, UNDRO has made considerable and effective contributions, through the mobilization ",nd co-ordination of relief activities of various organizations of the United Nations system, in response to requests for disaster relief from disaster-stricken States.
256. My country supports the improvement of the effec- tiveness of UNDRO in response to natural disasters. Nev- ertheless, my delegation abstained in the vote on the draft resolution as a whole. and if operative paragraphs 8, 9 and 10 had been put to the vote separately my delegation would have voted against them. My delegation's vote is based on a position of prio":ple. First, the wording of operative paragraphs 8, 9 and 10 in general, and such concepts as "complex disasters" and "emergencies of ex- ceptional magnitude" in particular, are ambiguous and may give rise to different interpretations, which may af- fect the sovereignty of disaster-stricken countries and re- sult in interference in their internal affairs. Secondly, this draft resolution touches on a series of complicated and controversial questions which requFre further consideration by all Governments. My delegation is of the opinion that owing to its particular importance this draft resolution should have the agreement of all countries concerned. alld that therefore the action taken on it at this stage is pre- mature.
257. Mr. GOKc;E (Turkey): My delegation voted in favour of draft resolution 11, contained in part 11 of the report. However. we wish to make the following inter- pretative statement. Regarding operative paragraphs 8/ 9 and 10. all related activities to be undertaken within the United Nations system and by the resident co-ordinator and other appropriate entities in Turkey. within the frame- work of draft resolution 11. can only be carried out sub- ject to the prior request and prior consent and under the full control of the Turkish Government.
258. Further. regar~ing operative paragraph 10, my del- egation is of the opinion that ''\tithin the general context of
259. Finally, regarding the concept of "affected coun- try", my delegation's view is that this would comprise not only those countries affected directly by a given disaster situation, but also neighbouring countries that could also be affected thereby in many different ways.
I wish to refer to resolution VIII, in part I of the report. The Governmeilt of the Federal Republic of Ger- many shares the deep concern of the international com- munity about the massive destruction of property and the serious damage to the economic and social infrastructure of Chad during the past 15 years. My Government is therefore prepared to support, to the best of its abilities, the efforts made by the Government of Chad in the recon- struction, rehabilitation and development of the country. It was in this spirit that the Government of the Federal Re- public of Germany participated in the meeting of donor countries and financial institutions held in Paris on 12 and 13 November 1981. It announced there that it had 55 mil- lion German marks, that is, more than $20 million. avail- able for projects in the field of financial and technical co- operation, 10 million marks of which were for immediate disbul"sement in the form of goods and equipment.
261. In view of the difficult situation of Chad, my dele- gation voted in favour of draft resolution VIII. However, it feels that it is too early to hold a pledging conference in the first half of March 1982. My Government will not be able to make any additional pledge then.
I now call on the representative of Chad, who has asked to be the last speaker on this item.
Once again the Members of the United Nations have dem- onstrated solidarity with my r Juntry by unanimously adopting draft resolution VIII. I should like to thank .whole-heartedly all delegations present. in particular those that were kind enough-to sponsor the draft. My delegation thanks the sister delegation of Benin, which, as Chairman of the group of African States for November. introduced the draft resolution in the Second Committee.
264. As my delegation has frequently emphasized, 15 years of civil war ended in the destruction of the entire economic and social infrastructure of Chad. Since the end of the last battle at N'Djamena. we have actively been trying tu restore the country with the generous support of some friendly brother States and also with the participa- tion of some organizations within the United Nations sys- tem; we should like to pay a tribute to them for their assistance. But. laudable as those efforts are. they are still inadequate in view of the immensity of the work still to be done. Our own means are virtually non-existent be- cause of th~ destruction caused by the war. and interna- tional assistance is still limited. Those people who left the country during the hostilities are now returning by the thousands, but it is still very difficult for them to secure their minimum requirements. It is to help those people that in operative paragraph 3 of the resolution there is an appeal to the international community to provide emer- gency assistance to the Government of Chad.
266. In conclusion, my delegation would like to take this opportunity to make a new appeal to the international community and particularly to Member States, interna- tional organizatio!1s, governmental and non-governmental organizations to give increased assistance to the people of Chad, who have suffered so horribly from war, and to participate in the scheduled pledging conference so as to help Chad finance its plan for national reconstruction.
33. The situation in the Middle East: report of the Secretary-General (concluded)*
The Assembly will now resume its consideration of agenda item 33, ~he debate on which was concluded on 15 December. I call on the represen- tative of Cuba to introduce draft resolutions N36/L.59 and A/36/L.60.
On behalf of the sponsors, including my own delegation, I have the honour to introduce to the General Assembly draft resolutions A/36/L.59 and A/36/L.60, concerning the situation in the Middle East.
269. As is customary, both draft resolutions were drafted in the group of Arab States and the working group on the Middle East and Palestine of the non-aligned movement. This means that, in addition to representing the views of the sponsors, the draft resolutions we are now introducing in plenary meeting represent a consensus on the part of a large number of countries which, together with the rest of the international community, share a sim- ilar concern over the progressive deterioration of the sit- uation in the Middle East and at the same time are con- vinced of the absolute necessity of finding a compre- hensive, just and lasting peace for the conflict in that re- gion.
270. In the drafting of these two draft resolutions ac- count was taken of the Secretary-General's report [A/36/655J, the d~bate on the item in the Assembly and the information available regarding the most recent events in the Middle East. This has enabled us to note that since the matter was considered at the thirty-fifth session, that dangerous focus of tension, a constant threat to interna- tional peace and security, has continued to deteriorate steadily.
271. In spite of repeated resolutions of the United Na- tions, Israel persists in its aggressive and expansionist policies and practices, which are translated into an inten-
272. For the sponsors and also for the other delegations that contributed to the drafting of both draft resolutiops, this growing Israeli aggressiveness and intransigence are closely linked to the encouragement received by the Tel Aviv Government through the promotion of separate agreements and treaties, the failure of which is becoming increasingly clear, and also the protection, support and political, diplomatic, economic and military assistance of- fered to it by its main ally, the United States, with which it recently signed a treaty on strategic co-operation.
273. Accordingly, as representatives may see, in the preambular part of draft resolution A/36/L.59, the Assem- bly expresses its concern over the development of the sit- uation in the Middle East and reaffirms and reiterates the relevant resolutions of the United Nations, the principles of the Charter of the United Nations and the Geneva Con- vention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949.
274. The operative part reiterates the principles con- tained in many of the resolutions adopted by the United Nations, emphasizing the need for a comprehensive, just and lasting peace in the Middle East under the auspices of the United Nations and states that this should be based on the unconditional withdrawal by Israel from the territories occupied since 1967 and the exercise of the inalienable national rights of the Palestinian people, under the lead- ership of the Palestine Liberation Organization [PLO], its sole legitimate representative, including its right of return, self-determination, national independence and the estab- lishment of its own sovereign State in Palestine. In addi- tion to rejecting the policy of partial agreements and sepa- rate treaties, the operative paragraphs condemn the Israeli annexationist policies in the occupied territories and the criminal attacks against Lebanon, and express the convic- tion that the treaty of strategic co-operation between Israel and the United States will encourage the expansionist and aggressive tendencies of Israel. Lastly, the Secretary-Gen- eral is requested to report periodically to the Security Council on the development of the situation and to report to the General Assembly at its thirty-seventh session.
275. As to draft resolution A/36/L.60, after expressing the concern of the General Assembly over Israel's deci- sion to extend its laws to the occupied Syrian Arab ter- ritory of the Golan Heights, and reaffirming the relevant principles of the Charter of the United Nations, interna- tional law and relevant United Nations resolutions, it de- clares, among other things. the Israeli action null and
void; determines' that the Geneva Convention of 12 Au- gust 1949 continues to apply to the Syrian territory oc- cupied by Israel since the 1967 war; calls upon all States, specialized agencies and other international institutions not to recognize Israel's decision; requests the Security Council to invoke Chapter VII of the Charter in the event
276. In connection with this item, I should like to recall that on 14 December the countries of the non-aligned movement, in a plenary meeting held in New York, con- demned in the most forceful terms this Israeli action and expressed its full solidarity with the Government and peo- ple of the sister Syrian Arab Republic.
277. Approval by the General Assembly of these two draft resolutions and the subsequent implementation of them will, in our view, constitute an important contribu- tion by the international community to the cause of peace and justice in the Middle East.
278. On behalf of the sponsors and of my own delega- tion, I urge the Assembly to lend maximum support to these objectives by supporting both draft resolutions.
279. In connection with draft resolution A/36/L.60, we would like to state that operatIve paragraph 7 should read as follows: "Requests the Secretary-General to report to the General Assembly and the Security Council on the implementation of the present resolution." In other words, the last phrase, "not later than 21 December 1981", is deleted.
I shall now call on represen- tatives who wish to speak in explanation of their vote be- fore the vote. I remind representatives that explanations 0f vote are limited to 10 minutes and should be made from their seats.
281. Mr. de PINIES (Spain) (interpretation from Span- ish): My delegation has taken an active part in the debates in the plenary meetings on the question of Palestine and in the Special Political Committee concerning UNRWA, as well as on Israeli practices in the occupied territories, in- cluding Israeli excavations in areas of historic value in Jerusalem, and the digging of a canal linking the Mediter- ranean and the Dead Sea.
282. I should like now to state in general that Spain's position with regard to these questions has been governed by one irrefutable principle: the right of all States now existing in the area, or which may be established, to live in peace within secure and recognized boundari~s. This principle, arising from Security Council resolutions 242 (1967) and 338 (1973), sufficiently developed, would cover all the problems of the area. On the one hand, there is the question of Palestine, on resolutions relating to which we have voted recently. Here it is a question of solving at the same time both a short-term and a medium- term problem. The urgent need is to improve the lot of the almost 2 million Palestinians who for more than three decades have been living in conditions of deprivation which only their desire for a national identity has enabled them to survive. In order to achieve this objective, no more direct path is to be found than that of ensuring the survival of UNRWA, to which Spain is a principal con- tributor. The appropriate working group must find a way to solve its finan~ial difficulties before next February. 289. Nicaragua, like the immense majority of countries, is fully convinced that a just and lasting peace can never be achieved while attempts are made to ignore or deny, 283. In the medium term, we must take the political invoking so-called "vital interests", the essential element route, in which all the parties concerned are represented, in the situation, which has given rise to a series of wars in order to reach a solution which will allow the States in and caused the deterioration of the region. The question the area to live within secure boundaries. This solution of Palestine is the core of the Middle East problem. A will be possible only if there is an end to the Israeli prac- settlement of the Palestine problem will lay the necessary
284. Secondly, it is necessary to put a halt to the armed conflicts that are gradually destroying the area, such as those which are taking place between Iran and Iraq and in Lebanon. In this connection I should like to reaffirm my country's support for UNIFIL and the important work it is doing.
285. Lastly, there is the question of the withdrawal from the territories occupied since 1967, one of which, the Golan Heights, has just been the subject of a new vio- lation of international law by Israel, which is being stud- ied by the Security Council now. In that organ my coun- try has defended the just cause of the Syrian Arab Republic in opposing the annexation sought by the Israeli Government. Without prejudicing our actions in the Council, my country will vote in favour of draft resolu- tion A/36/L.60, which declares the legal and admin- istrative measures adopted by Israel in the occupied Syr- ian Arab territory of the Golan Heights to be null and void. Those measures run counter to the principles of in- ternational law and the Geneva Convention, not to men- tion Security Council resolutions 242 (1967) and 338 (1973).
286. My delegation, similarly, will vote in favour of draft resolution N36/L.59, since we consider that it ade- quately reflects the overall problem of the Middle East, although in connection with operative paragraph 12 I must state that the language used prevents our endorsing the statements therein.
The Dominican Republic will abstain in the vote on draft resolution N36/L.59. We consider that the agreements rejected in its operative para- graph 5 constitute true contributions in the lengthy pro- cess of the search for peaceful solutions to the Middle East problem. Since we feel that the rejection of those agreements is unjustified, we cannot vote in favour of the draft resolution. Howeyer, we shall vote for draft resolu- tion N36/L.60.
We should like to state our posi- tion and explain our vote on one of the most important items before the General Assembly. The international community has expressed its concern over this issue on a great many occasions, in view of the threat which it poses to international peace and security. The crisis in the Mid- dle East, which is the result of the denial of the funda- mental rights of the Palestinian people, has persisted for 14 years. The vital importance of this issue makes the search for a comprehensive, just and lasting solution in that troubled area the main priority.
291. All of this is in accordance with the commitments of the General Assembly with its legal and historical obli- gations in defenc~ of the inalienable rights of the Pales- tinian people to return to their occupied territory, to self- determination, national independence and the creation of a Palestinian State on Palestinian soil.
292. Furthermore, the non-aligned movement has since its foundation reiterated its commitment to the Palestinian people. It has condemned the persistent violation of the fundamental rights and freedoms of the inhabitants in the Arab and Palestinian. territories by Israel and the policy of colonization practised by Israel.
293. It is to be regretted that, despite all the appeals made by the General Assembly, the non-aligned move- ment, other international organizations and the Arab world, Israel, with assistance from its allies, is continuing its aggressive policies in contempt of international opin- ion. The reply of the Zionists to efforts made is to step up their attacks on Lebanon, replying with bombing and the destruction of cities and towns. The constant violation of the sovereignty, independence, territorial integrity and public security of Lebanon, and the bombing of the Iraqi nuclear reactor, flouting all the norms of international law, is further proof of how the Israelis are thinking and using their policies. Furthermore, we have witnessed the per- petual provocation in the violation of Arab airspace by Israel. Therefore my delegation will vote in favour of draft resolutions A/36/L.59 and A/36/L.60.
294. The recent annexation by Israel of the Golan Heights has underscored the validity of tt,ese draft resolu- tions and the thesis supported by ,he great majority of the international community, and particularly the members of the non-aligned movement, to the effect that the core of the problem in the Middle East is the denial of the in- alienable rights of the Palestinian people and Israel's ag- gressive measures to perpetuate this illegal and unjust sit- uation, sheltered by the immunity made possible by the political, economic and military support of a super-Power.
295. We shall vote for these draft resolutions because Nicaragua considers Israel's conduct to be unacceptable and intolerable, just as we consider that failure to punish such conduct is unacceptable. The threat or the use of force deserves at least condemnation by the international community. The Arab people knows this well; on many occasions it has been the subject of Israeli aggression. The people of Nicaragua are also well aware of this, threatened as they are today by the principal ally of Is- rael, as are other peoples in our area who are the victims of the military co-operation between ISlael and the dic- tatorships of Latin America.
The delegation of Ecuador will abstain in the vote on one of the draft resolutions on the situation in the Middle East, not because of the principles mentioned therein and the declarations rejecting aggression, annexa- tionist practices, occupation and the retention of territories by force and violations of the sovereignty, independepce and territorial integrity of a country. The abstaining vot.e refers in particular to operative paragraphs 5 and 12 of draft resolution A/36/L.59, since these are unilateral and prejudge understandings and agreements freely contracted by sovereign countries, with the full endorsement of the public opinion of the peoples concerned and with the con- crete result, encouraging for international law, of returning territories to the State of original sovereignty.
298. Ecuador hopes, pursuant to its constant policy of rejecting invasion by force and the acquisition of rights through the use of force, that any initiative tending to bring about the withdrawal of military forces from all the occupied territories will bear fruit.
299. We believe that the attitude of the United Nations, expressed in its resolutions, should be to promote the peaceful settlement of disputes. We consider that both the Palestinian people as well as the State of Israel should, through their representatives, mutually negotiate and therefore take part at the negotiating table on an equal footing in order to reach an understanding that wc·uld free the world from a world war which could result from the great tensions in the area.
300. Ecuador is in favour of any step to promote peace- ful solutions in the Middle East, where it has cordial rela- tions with all the countries of the area.
301. We have voted in favour of various other draft res- olutions on the case of Palestine at this same session. In connection with the occupation and the declaration of Is- rael's legal incorporation of the Golan Heights, Ecuador will vote in favour of draft resolution N36/L.60, which invokes the principle of the inadmissibility of the acquisi- tion of territory by force, in accordance with the Charter of the United Nations, the principles of international law and relevant resolutions of the Organization.
302. The delegation of Ecuador hopes that despite the
prevailif'~ tension it will be possible to find formulas for understanding in order to reach final solutions in the area and that the peoples will be able to express freely their decisions on their future without pressure, beginning with the withdrawal from territories occupied by force and fol- lowing with the elimination of the climate of violence that is preventing the normal development of life in peaceful coexistence among the peoples of the Middle East.
My delegation wishes to state that it will vote in favour of the draft resolutions which are before us and which express the concern of the General Assembly over the continued threat to peace posed by the grave situation in the Middle East. We wel-
304. No one can contest the illegality, the arrogant im- perialism and the inhumanity of those policies. The world community must continue to condemn them and to de- mand that they be stopped and reversed.
305. No judgement on international affairs has been so often repeated as the one that the Palestinian question is at the heart of the Middle East problem. My delegation heartily welcomes the fact that recognition of the justice of the Palestinian cause is world-wide and that the vast majority of Member States have joined in demanding the restoration to the Palestinian people of its inalienable rights to self-determination and to statehood in Palestine. We strongly believe that a Middle East settlement can be achieved only with the participation on an equal footing of all the parties to the conflict, including the PLO, the sole representative of the Palestinian people, and we wel- come the reaffirmation of that principle in the draft reso- lution.
306. We have long been famili:lr with Israel's denial of Palestinian rights, its illegal annexations, particularly that of Jerusalem, and its inhuman and terrorist policies di- rected against the Arab populations in occupied territories and in neighbouring States.
307. To this disgraceful record has been added the steady escalation of Zionist aggression and expansionism over the past year. The world community has already con- demned on an individual basis such shocking jnternational crimes as the destruction by aerial attack of Iraq's nuclear reactor, the callously inhuman bombing of the civilian population in Lebanon, which resulted in widespread death and destruction, and, most recently of all. the typ- ically arrogant. announcement of the extension of Israeli laws to Syria's Golan Heights. These actions have earned even the condemnation of Israel's closest supporters. It could hardly be otherwise, when the irresponsible actions of Israel's leaders undermine the principles and provisions of Security Council resolutions 242 (1967) and 338 (1973) and obstruct the path to a Middle East peace.
308. We hope that the Security Council will take action commensurate with the gravity of Israel's flagrant vio- lation of international law with regard to the Golan Heights, the agenda item which it is now considering. ,
309. In the light of Israel's histOlical intransigence and its increasingly belligerent policies, it can hardly be doubted that Israel's lip-service to the peace process is calculated to mask the cynical opportunism of its expan- sionist policies.
310. We often hear a call from Zionist and other circles for so-called balanced resolutions on the Middle East,' as though the General Assembly were handing out tokens in
31 ! . Of course, condemnation has never served to deter Israel from its expansionist policies. My delegation there- fore attaches particular importance to the call voiced in draft resolution A/36/L.59 to all States to put an end to the flow to Israel of any military, economic and financial resources which would encourage and support the Zionist State in its transgressions of international law.
The General Assembly has be- fore it draft resolutions A/36/L.59 and A/36/L.60. Let me deai with the first of these drafts first.
313. In my statement at the 95th plenary meeting I sug- gested that representatives should look at the Middle East as a whole, since the name of the item before us is liter- ally "The situation in the Middle East". I suggested that they would do well to look at the many trouble-spots throughout that endemically and chronically unstable area.
314. By way of an overview, I pointed to the brutally repressive behaviour of the ruling tyrant in Iraq, Saddam Hussein al Takriti. I recalled Iraq's brutal treatment of its minorities, particu!arly the Assyrians, the Jews and the Kurds, since that country attained its independence iQ the 1930s. And I drew attention to Iraq's ongoing war of ag- gression against Iran, which has already created a refugee problem of huge dimensions, about which the United
Nat~ons has done nothing.
315. I pointed to the situation on the western flank of the Middle East, where Colonel Muammar AI-Qadhafi, the notorious quartermaster and paymaster of the "ter- rorist international", tried to annex in the course of this year the country of Chad and also attacked the Sudan. I observed that a mUitary -arsenal of a kind and size far beyond Libya's capacity to use had been put at its dis- posal by the Soviet Union, the super-Power which over the last quarter century and more has worked consistently to destabilize the Middle East.
316. I also referred to President Hafez al Assad of Syria and the brutality, repression and corruption with which he and his brother Rifa'at try to keep their minority regime in power. I alluded to the continuing Syrian rape of Lebanon, including the lengthy siege this year of the town of Zahle and also to Syria's strategic alliances with the Soviet Union on the one hand and Libya on the other.
317. Turning southwards, I drew attention to the highly unstable situation of an almost feudal society in posses- sion of staggering wealth, which has made Saudi Arabia a threat not only to the Middle East but, indeed. to the world as a whole. In particular, I adduced some examples of how Saudi oil wealth is being parlayed into arms pur- chases in quantities per capita virtually unknown in human history. And I stressed that Saudi Arabia had in the last few years done everything in its power, which, given its wealth, is not inconsiderable, to frustrate the peace process in the Middle East.
319. As a result, the draft resolution before the Assem- bly is largely a synopsis of the political resolutions which were adopt~d at the 93rd meeting under agenda item 31, together with a long series of hobby-horses ridden so hard year in, year out, by a certain group of States in the As- sembly. In addition, it has become a convenient catch-all for a highly selective list of matters, somehow not cov- ered by the resolutions on item 31.
320. Its purpose is precisely the same as in those reso- lutions-namely, to impede the peaceful solution of the Arab-Israeli conflict. Like those resolutions, it is an anti- peace resolution. As such, it should be rejected.
321. The language of the draft resolution basically fol- lows and exacerbates the formulatio:ls which have been advanced year after year on this item. It only goes to prove that its drafters have fallen captive to their own ob- sessions and slogans and are incapable of producing any fresh ideas, certainly any approaches that might contrib- ute constructively to anything in the Middle East.
322. One of the novelties we see here is the rewording of the paragraph concerning Lebanon in last year's resolu- tion on the Middle East. We had no difficulty in voting for the paragraph on Lebanon's sovereignty last year. But this year, the draft resolution speaks of "regional" en- dorsement of that sovereignty, which in plain language means the perpetuation of the Syrian occupation of Lebanon. This we cannot support.
323. In the tradition of resolutions on this item, the draft contradicts the provisions of Security Council reso- lution 242 (1967) and the foundations on which it rests. That resolution was and remains one of the few positive contributions which the Organization has made to the cause of peace in the Middle East. It is the only basis for a negotiated settlement of the Arab-Israel contlict. The sponsors of the draft resolution before us appear to be~ grudge the Organization that contribution and hence seek to undermine it. .
324. In sum, this draft resolution, like the ones adopted last week on agenda item 31, is in flagrant violation of the Charter and all it stands for. It turns the United Na- tions against its very raison d'etre: the prevention of war and the promotion of peace.
Mr. Naik (Pakistan). Vice-Presidell1. took the Chair.. 325. It goes without saying, therefore, that States which hold aloft the ideals of peace and of the United Nations in general should dissociate themselves from this draft reso- lution.
326. As regards draft resolution A/36/L.60, Israel's position on this subject was fully set out in my statement to the Security Council yesterday, 16 December. 7 Let me therefore say very briefly that the draft resolution suffers from a fundamental flaw: it ignores Syria's persistent ag- gression against the State of Israel since the very day it
327. In this connection, let me recall Article 12, para- graph I, of the Charter. Titat Article states:
"While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests."
The Security Council is currently considering the matter dealt with in draft resolution A/36/L.60. Under the provi- sions of the Charter, and as long as the Security Council is seized of the matter, the Assembly is precluded from adopting any resolution on the mat~er contained in the present draft resolution. Should such a resolution be adopted it will clearly be in open violation of the Charter.
The delegation of Brazil will vote in favour of both draft resolutions on the situa- tion in the Middle East inasmuch as they generally reflect its overall position on the several issues they deal with. We wish, however, to state our doubts on some parts of draft resolution A/36/L.59, the language of which could be made more appropriate and precise.
My delegation has had some difficulty in accepting some of the ideas enun- ciated in draft resolution A/36/L.59. We refer in particU- lar to paragraph 5 of that draft resolution. While there is much of a positive nature in draft resolution A/36/L.60, in our view that positive impetus has not been fully trans- ferred to draft resolution A/36/L.59.
330. Therefore, the Bahamas will support draft resolu- tion A/36/L.60 but will abstain on draft resolution N36/L.59, without prejudging the deliberations of other bodies, in particular those of the Security Council. The Bahamas favours any measure which will '')romote a last- ing solution to the problems of the Middle East, in partic- ular the cause of the Palestinian people, ar j welcomes the reaffirmation of this prospect by the Ge ,Ieral Assembly.
Tht position which Austria takes on the situation in the Middle East was made clear once again in the Austrian statement during the debate on this question (95th meeting). Austria will now abstain in the vote on draft resolution A/36/L.59. That draft resolution partly meets the position of the Aus- trian Government and contains elements which we also regard as necessary for a peaceful and negotiated settle- ment of the Middle East conflict. Several other elements, however, which are of equally vital importance, are miss- ing, first and foremost a reference to Security Council resolution 242 (1967) and to the right of all States in the area, including Israel, to exist within safe and secure boundaries.
332. Austria will vote in favour of draft resolution N36/L.60. as we regard the recent decision of the Israeli Government to apply Israeli law to the occupied territo- ries of the Golan Heights as a very serious violation of international law. in particular of the Geneva Convention relative to the Protection of Civilian Persons in Time of War. This measure will have grave consequences for the situation in the area and will further jeopardize the efforts
The Assemt\y will now proceed
~fJ take a decision on draft resolution A/36/L.59 and Add. I. A separate recorded vote has been requested on operative paragraph 8 of that draft resolution. In favour: Afghanistan, Albania, Algeria, Angola, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Benin, Bhutan, Bolivia, Botswana, Brazil, Bulgaria, Burundi, Byelorussian Soviet Socialist Republic, Canada, Cape Verde, Chad, Chile, China, Colombia, Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Denmark, Djibouti, Dominican Republic, Ec- uador, El Salvador, Ethiopia, Fiji, Finland, France, Gabon, Gambia, German Democratic Republic, Germany, Federal Republic of, Ghana, Greece, Grenada, Guinea, Guyana, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Ivory Coast, J3pan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Lux- embourg, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Nepal, Netherlands, New Zealand, Nic- aragua, Niger, Nigeria, Norway, Oman, Pakistan. Pan- ama, Papua New Guinea, Peru, Philippines, Poland, Por- tugal, Qatar, Romania, Rwanda, Saint Lucia, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden, Syrian Arab Republic, Thailand, Togo, Tunisia, Turkey, Uganda, Ukrainian So- viet Socialist Republic, Union of Soviet Socialist Re- publics, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United Republic of Cam- eroon, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe. Against: Israel. Abstaining: Burma, Egypt,S Guatemala, Haiti, Trinidad and Tobago, United States of America, Upper Volta. Operative paragraph 8 was adopted by 132 votes to /, with 7 abstentions.
A recorded vote was takf'n.
The Assembly will now vote on draft resolution A/36/L.59 and Add.1 as a whole. A re- corded vote has been requested.
A recorded vote was taken.
The draft resolution as a whole was adopted by 94 votl!S to /6. with 28 abstentions (resolution 36/226 A).
Next I put to the Assembly draft resolution A/36/L.60 and Add.l. A separate re- corded vote has been requested on operative paragraph 6.
A recorded vote was taken.
The draft resolution as a whole was adopted by 121 votes to 2. with 20 abstentions (resolution 36/226 B).
I shall now call on those dele- gations wishing to explain their votes.
The Swedish delegation abstained in the vote taken on draft resolution A/36/L.59 and Add.I. In addition to the general lack of balance that caused my delegation to abstain on the corresponding res- olution last year, the text includes new elements which we cannot accept. Our views on the conflict in the Middle East have been put forward in the recent debate under this agenda item [95th meeting], as well as in an explanation of our vote under agenda item 31, on the question of Pal- estine [93rd meeting]. I need not, therefore, reiterate them once again.
339. My delegation particularly regrets not having been able to support draft resolution A/36/L.60 and Add. I, dealing with the recent illegal Israeli measures regarding the GC'!an Heights. The reason is the fact that the spon- sors have found it necessary to include language in oper- ative paragraph 6.of that resolution which cannot be rec- onciled with-the provisions of the Charter. My delegation supported resolution 36/147 E on the same subject adopted by the General Assembly under agenda item 64, after having abstained from voting on the same text at the 46th
"The decision yesterday by the Israeli Parliament to apply Israeli law and administration to the Golan Heights means, in practice, that the area is annexed by Israel. The Swedish Government deeply deplores that decision. The measure reduces the possibilities of achieving a comprehensive peace in the area. Any at- tempt to change unilaterally the status of the Golan Heights b in clear violation of international law and of Security Council resolution 242 (1967)."
341. Mr. MrBARNETTE (Trinidad and Tobago): The delegation of Trinidad and Tobago voted in favour of the two draft resolutions as a whole. Our positicm on the question of Palestine is clear and does not need to be stated at this time. My delegation would like, however, to indicate for the record that we have reservations on these resolutions because of certain elements in the operative parts.
The delegation of Chile voted for both draft resolu- tions.
343. Our positive vote on draft resolution A/36iL.60 and Add. I reflects my Government's concern at the Israeli action with regard to ~he Syrian Golan Heights. Chile's position on this, which is well known. is that one of the essentiai factors for peace in the Middle East is Israel's withdrawal from all territories occupied since 1967. Simi- larly, we have unswervingly supported the applicability of the Geneva Convention relative to the Protection of Civil- ian Persons in Time of War, to the situation of all the territories occupied since 1967. Despite that, we have res- ervations on operative paragraph 6 of that draft resolution, in which the General Assembly exceeds its powers, since it is pronouncing itself on a question which only the Se- curity Council is entitled to determine. For that reason, my delegation has just abstained in the separate vote on that paragraph.
344. Our positive vote on draft resolution A/36/L.59 and Add.l stems from the fact that it contains elements which we endorse in connection with the solution to the problem of the Middle East. However, we should have preferred it if, together with recognition of Palestinian rights, it had placed on record the right of all States in the area, including the State of Israel, to live within se- cure and recognized boundaries. to this end, we believe that mention should have been made of the relevant reso- lutions of the Security Council. With regard to operative paragraphs 5 and 12, we consider that States have the sovereign right to conclude whatever agreements they deem necessary, in accordance with international law, and the General Assembly does not have the power to ques- tion their validity. In connection with this draft resolution, we should also like to state our position that the General Assembly should not grant exclusive representativity of the Palestinian people until that people has exercised its right to self-determination. However, we reaffirm our
I '-''Jition that the PLO should be associated in any negotia-
i'" 1S on the. future of the Palestinian people. Finally, re- garding operative paragraph 7, we must place on record our disagreement with the language used in its drafting.
346. The United States voted against this resolution also because it contains several elements which we find es- pecially objectionable. For example, we cannot accept the characterization of the recent agreement on strategic co- operation between my Government and the Government of Israel. The purposes of that agreement were made known publicly and are entirely consistent with the Char- ter of the United Nations. We vigorously reject this chal- lenge by the General Assembly to our sovereign right to enter into this agreement and to its propriety.
347. I must also repeat our firm and continuing support for the Camp David peace process, which is once again unjur,;tJy criticized by oblique reference in this resolution. ThaI' nrocess, the only path to peace agreed to by any of the t1arties in the Arab-Israeli dispute, provides ample scope for negotiations leading to a just and lasting ..\,:f le- ment. To reject nf1 .. as this and r ~her resolutions have done, is simply irrespuuilsible.
348. This resolution contains tendentious and harsh lan- guage. The characterization of Israeli practices as "ag- gression" in the cr~~rative paragraphs is an especially ob- jectionable abuse of language. The call for an end to all forms of aid t!' !~rael in effect is a demand for sanctions, and as such 4~ bt:yond the competence of the General As- sembly. The /} .~',embly should instead be seeking ways to reduce animm:(;es on both sides and to acknowledge the legitimate rights of all parties.
349. The most glaring defect of all is the total absence of any recogn 1tion of Israel's right to live in peace with its Arab neighbolllrs or the need for peaceful negotiations based on Security Council resolutions 242 (1967) and 338 (1973) as the only sure path to peace. Only when such balance is found in General Assembly resolutions on this subject will they have my Government's support.
350. With respect to the part which deals with the Golan, namely, paragraph 8 of draft resolution A/36/L.59 and Add.1 and draft resolution A/36/L.60 and Add.I, I should like to make the following comments.
351. My delegation abstained in the vote on operative paragraph 8 of draft resolution A/36/L.59 and Add. I be-' cause it is inappropriate for the General Assembly to pass judgement on an issue which is at present being consid- ered in the Security Council. My delegation voted against draft resolution A/36/L.60 and Add.1 because operative paragraph 6 invokes Chapter VII of the Charter and be- cause, according to Article 12 of the Charter. it i.. im- proper for the General Assembly to make any recommen- dations with regard to a situation before the Security Council. .
353. I should like to make one final comment on draft resolution A/36/L.59 and Add. I. We strongly support the call in operative paragraph 10 for strict respect for the territorial integrity of Lebanon and the restoration to the Lebanese State of its authority over all its territory.
354. My delegation has repeatedly stressed that we do not regard the Arab-Israeli conflict as an immutable fact of history. We are strongly convinced that a just and last- ing settlement between Israel and its Arab neighbours is possible. For this reason we strongly oppose any efforts to single out Israel for censure. S:Jch efforts CI~ not bring Arab-Israeli peace any nearer; on the contrary, they de- tract from serious efforts to resolve the problems which have been addressed under this and other items for the last few weeks.
The Libyan Arab Jamahiriya voted in favour of draft resolution AJ36/L.59 and Add.l. The reso- lution contains very positive paragraphs, but that does not in any way mean that we agree with all the resolutions adopted by the United Nations-for example Security Council resolutions 242 (1967) and 338 (1973), which we do not recognize.
I speak on be- half of the 10 member States of the European Commu- nity.
357. In connection with the voting on draft resolution A/36/L.60 ard Add. I. the 10 States wish to re-emphasize strongly their position as set out by their Foreign Minis- ters on 15 December Isee A/36/848) regarding the deci- sion of the Government and the Knesset of Israel to extend Israeli law, jurisdiction and administration to occupied Syrian territori in the Golan Heights. The mem- bers of the European Community strongly deplore this de- cision and consider such an extension, which is tanta- mount to annexation, to be contrary to international law and therefore invalid in their eyes. They also assert that the Israeli step prejudices the possibility of the implemen- tation of Security Council resolution 242 (1967) and is bound to complicate further the search for a comprehen- sive peace settlement in the Middle East, to which the Community remains committed.
358. Hence, it will be clear that all the 10 member States of the European Community would have wished to support this resolution, and they in no way condone the Israeli action. However, they regret that they were unable to support operative paragraph 6. in view of the reference to Chapter VII of the Charter of the United Nations, and they would point out that the Security Council is in any case currently considering the complaint by the Syrian Arab Republic on the situation.
The Australian Gov- ernment deplores Israel's decision to enforce IsraeJi law on the Golan Heights. As the Australian Foreign Minister
360. Had draft resolution A/36/L.60 and Add.1 not in- cluded operative paragraph 6, Australia would have voted for it. For reasons which are well known, however, Aus- tralia is unable to support calls for action by the General Assembly under Chapter VII of the Charter. Such action belongs to the Security Council alone. For this reason Australia voted against operative paragraph 6 and ab- stained in the vote on the resolution as a whole. This vote in no way qualifies our opposition to the latest move by Israel.
The Uruguayan delegation voted for draft reso- lution A/36/L.60 and Add. I, since it answers its purpose, which is the defence of the principle of the non-use of force in international relations. On this score, we wish to put on record our deep disagreement with the occupation of territories by force; in this case in particular we must also place on record with our positive vote our disagree- ment with the decision taken by Israel to apply its legisla- tion to the occupied territory of the Golan Heights.
362. Nevertheless, we al30 wish to place on record our reservation on operative paragraph 6, which led to our abstention in the separate vote on that paragraph. We con- sider that the Assembly has no mandate to recommend the application of Chapter VII of the Charter, which clearly confers this power on the Security Council.
I should like to explain my delegation's votes on both draft resolutions.
364. Earlier this week, when my delegation considered draft resolution E submitted to the Assembly in the report of the Special Political Committee (see A/36/632/Add./I, it registered Canada's strong opposition to the extension of Israeli law to the occupied Golan Heights, which we con- sider to be contrary to international law. We view this unilateral action by Israel with great concern, particularly in the context of other Israeli act!v:Js. We believe that it adversely affects the peace process, which so many of us hope will lead to a just, lasting and comprehensive settle- ment in the Middle East.
365. In view of this position, I should like to place on record that we were in agreement with the general thrust of draft resolution A/36/L.60 and Add.l. We could not, however, support this draft resolution because of our op- position to the content of operative paragraph 6. which we voted against.
366. Our delegation would also like to explain its vote in favour of operative paragraph 8 of draft resolution A/36/L.59 and Add. I, referring to Israel's annexation of the occupied Golan Heights. Although we voted in favour of this paragraph, we do not believe that the facts sub- stantiate several of the allegations made regarding Israeli actions with respect to Syrian citizens located in the Golan Heights.
368. The Peruvian delegation has always supported any steps in the Security Council and the General Assembly aimed at achieving a just solution to the problem of the Middle East. In this connection it has always been in favour of the exercise of the inalienable rights of the Pal- estinian people, withdrawal from the occupied Arab ter- ritories, respect for the international status of Jerusalem, strict respect for the territorial integrity, sovereignty 'and political independence of Lebanon and rejection of ag- gressive and annexationist practices and policies against the people in the occupied Arab territories.
369. Therefore, we should like once again to express our conviction that confrontation and conflict can be over- come through a political process which, with the par- ticipation of all parties concerned, could leave behind decades of painful confrontation and usher in a new era of peace in the region.
The Turkish delegation voted for the two draft resolutions.
371. However, it would have preferred that operative paragraph 12 not be included in draft resolution A/36/L.59 and Add. I, which deals with the existing con- flicts between the countries of the Middle East area.
372. Nevertheless, my delegation hopes that everything necessary will be done to ensure that Israel is not in any way able to consider the agreement mentioned in that paragraph as encouragement for its basically negative pol- icy and its aggressive conduct vis-a-vis the Arab States and the Pd~estinian Arab people.
My delegation voted in favour of draft resolution A/36/L.59 and Add.1 as a whole. However. had there been separate votes on oper- ative paragraphs 5, 12 and 13, the Philippines would have expressed reservations on them.
New Zealand's position on the territories occupied by Israel since 1967- and these include the Golan Heights-is perfectly clear. We regard Israel's continued occupation and any move to change the nature or status of these territories as illegal, contrary to the provisions of Security Council resolution 242 (1967) and a major obstacle to the negotiation of a peaceful settlement in the Middle East.
375. It was for these reasons that New Zealand voted in favour of draft resolution E concerning the Golan Heights, which was adopted by the General Assembly un- der item 64. New Zealand fully supports the thrust of draft resolution A/36/L.60 and Add. I. on Israel's move to annex the Golan Heights as well. but we have strong res- ervations about -operative paragraph 6. on which we regis- tered a negative vote. and. regretfully. this obliged us to abstain on the draft resolution as a whole.
My delegation voted for the two
377. 'Mr. GONZALEZ CESAR (Mexico) (interpretation from Spanish): My delegation of course voted for draft resolution A/36/L.59 and Add.l. However, I should like to make it clear that, had there been a separate vote on operative paragraph 5, my delegation would have ab- stained.
I shall now call on those repre- sentatives who have asked to speak in exercise of the right of reply.
I would not have wished to take up the time of the General Assembly, since it is already late, but I should like to exercise my right of reply in response to the tendentious allegations made by the representative of the Zionist entity.
380. That representative, as is his custom, diverted at- tention from the real cause of the problem we are now discussing. It is very ironic that the Zionist entity should accuse us of terrorism. If he means to say we are ter- rorists because we support the l1beration movements of the world, then we accept the accusation, but if he con- siders the word "terrorism" in its real meaning, then we must say that he is the terrorist.
381. What are we to call the decision of the Zionist en- tity to make Jerusalem its capital? Is that not a terrorist action? How else can we describe the aggression of the Zionist entity and its unceasing actions against the Pales- tinian people in the occupied Palestinian territories and elsewhere-for example, in the Palestinian refugee camps in Lebanon? Is that not a terrorist operation? How else can we describe the expropriation and seizing of land, the establishment of settlements, the assassination attempts and other terrorist, aggressive and repressive measures? They are violations of the Charter of the United Nations and _the principles of international law and international agreements. Is this not terrorism?
382. How else can we describe the annexationist pol- icies of the Zionist entity in the occupied Syrian Golan Heights, the establishment of settlements, the confiscation of land, the diversion of water, the actions against Syrian citizens and the imposition of Israeli nationality on those Syrian citizens? Is this not terrorism?
383. How are we to describe Israeli actions against Lebanon, the constant bombing and destruction of Lebanese towns and villages? Is this not terrorism?
384. How else can we describe the violations by the Zionist entity of the airspace of various Arab countries? Is this not terrorist action? P')w else can we describe the bombing of the King David Hotel and the massacre of innocent men, women and children ordered by the teror rorist Begin? How else can we describe the Deir Yassin massacre and the bombing of the Iraqi nuclear power plant? Are these not all terrorist actions?
385. It is strange that reality should be so distorted that a peaceful approach is called terrorism and terrorism is called peaceful conduct.
386. These are some facts which prove beyond a doubt how the Zionist entity conducts itself and which show that
387. The Zionist representative forgets that the world has learned something very important from history- namely, that all racist regimes such as his own can sur- vive only through terror and massacre.
388. In supporting the PLO and the people of Palestine in their efforts to free their land and regain their rights, the Libyan Arab Jamahiriya is merely carrying out its duty. The entire world recognizes that the Palestinian peo- ple should enjoy the same rights as all other peoples in accordance with the Charter of the United Nations.
389. Regarding Chad, the arrogance of the Zionist rep- resentative is unbounded. He should bear in mind that in Africa we can solve our problems ourselves. We do not need his advice. There is a very important difference between going into a country to drive out the inhabitants and to adopt a practice of plunder, occupation and mas- sacre, and going into a country at the request of its legiti- mate Government to put an end to a civil war there.
390. We should like to remind the representative of the Zionist entity in occupied Palestine that our forces with- drew from that country a long time ago, at the request of the legitimate Government of Chad and after my country had done its duty with regard to that country and had made considerable sacrifices to ensure peace and to put an end to the civil war. This shows the whole world the positive role played by my country in support of peace and security in Africa.
I too would like to apologize to the Assembly because it is very late, but I shall be brief.
392. I should like to respond briefly to the represen- tative of Israel. In exercising his right of reply the repre- sentative of Israel claimed that PresideQt Qadhafi of the Libyan Arab Jamahiriya had, in pursuit of what he de- scribed as a terrorist policy, attacked Chad.
393. I think that the Libyan representative has re- sponded quite correctly to the Israeli representative. For my part I would say to him and to the Assembly that the attack on Chad by Libya of which the Israeli represen- tative has spoken exists only in his imagination. Chad and Libya are two neighbourly, fraternal countries, and they have an excellent relationship of good-neighbourliness. This is all the more true in that at a time when the Gov- ernment of Chad was facing an armed rebellion that re- ceived considerable help from outside, the Government of the Libyan Arab Jamahiriya responded favourably to the appeal made to it by the Government of Chad and thus enabled the la~ter to triumph over the rebel forces on 15 December 1980. Moreover, since the end of the war Lib- ya has been participating actively in the reconstruction undertaken by the Transitional National Union Govern- ment.
It is very disturbing and odd that at a time when the international community is calling for the witharawal of the Zionist entity from the occupied Arab territories,
395. The actions of the Zionist entity in recent years and especially, during this year, its aggression against Lebanon and Iraq demonstrate the extent of Israel's ar- rogance and are an insult to the United Nations and a defiance of world public opinion.
The observer for the Palestine Liberation Organization has asked to make a statement. I call on him in accordance with General Assembly resolu- tion 3237 (XXIX) of 22 November 1974.
The Assembly, with 94 affirmative votes, has adopted draft resolution A/36/L.59 and Add. I, including operative paragraph 5. To characterize that acceptance as irresponsi- ble is insulting. When 94 States accept that paragraph, they are not irresponsible; they are confirming their full sense of responsibility towards the international commu- nity. Let us see what operative paragraph 5 says. It says that the General Assembly "rejects all partial agreements and separate treaties in so far as they violate the recog- nized rights of the Palestinian people". That is what the international community has accepted. It has rejected par- tial agreements and separate treaties that violate the recog- nized rights of the Palestinian people and contradict the principles of just and comprehensive solutions. The repre- sentative that claims that this is irresponsible is the repre- sentative that does not want to have peace, does not want to have a comprehensive solution and still insists on vio- lating the recognized rights of the Palestinian people.
398. Again, that same representative, when referring to operative paragraph 13, said that its provision is tanta- mount to sanctions. That paragraph "calls upon all States to put an end to the flow to Israel of any military, eco- nomic and financial resources that would encourage it to pursue its aggressive policies". If the representative of the United States is not happy with that, he can continue to encourage Israel to pursue its aggressive policies; "he can still supply them with billions of dollars of the United States taxpayers' money; he can still send them F-15s and F-16s; he can still support them so that they can drop cluster bombs and other such things on refugee camps. We know exactly what the United States stands for on this issue. Of course, the representative of the United States told us something nice, that the President of the United
399. It has been mentioned that the Arab-Israeli conflict is not a historic conflict. I am glad somebody said that. There was no such thing as an Arab-Israeli conflict. The Jews and Arabs have lived together for centuries. It only started when the colonization by the Zionist movement began and was backed by the imperialists, b" the Kaiser, by all those colonial Powers. It is known as the coloniza- tion of Palestine-it is not known as the return, or any- thing like that-and colonization it was.
400. Reference has been made to the agreement which is referred to in paragraph 12 of the resolution. That para- graph deals with strategic co-operation. The preamble 'to the American-Israeli agreement states that "the parties recognize the need to enhance strategic cooperation to de- ter all threats from the Soviet Union to the regioQ". Whether there is a threat to the region can only be de- cided by the peoples and the Governments of the region, not by someone who is oceans away and someone who is illegally in possession of that region. If the peoples and Governments of that region cannot decioe whether there is a threat, then the Security Council can determine the exist- ence of any threat to international peace and security. It is very clear from reading the text of the American-Israeli agreement that is directed against the area, because article I B states that the two parties are to "provide each other with military assistance for operations of their forces in the area that may be required to cope with this threat". Who is going to decide where the threat comes from and where it ends?
401. Naturally, the position of the Government of the United States on the issue of the human rights of the Pal- estinian people and in support of Israeli aggression and violations is very well known and the delegation of the United States has no need to prove it.
The meeting rose at 8.15 p.m.
NarES
1 The delegations of Greece and Samoa subsequently infonned the
S~cretariat that they had intended to vote in favour of the draft resolu- tion.
2 The delegations of Benin, Egypt, Mozambique and Samoa subse- quently infonned the Secretariat that they had intended to abstain in the vote on the paragraph; the delegations of Iran and Thailand that they had intended to vote against it.
3 The delegation of Iran subsequently infonned the Secretariat that it had intended to abstain in the vote on the draft resolution; the delegation of Samoa that it had intended to vote in favour.
S The delegation of Somalia subsequently infonned the Secretariat that it had intended to abstain in the vote on the draft resolution.
6 The delegations of Djibouti and Singapore subsequently infonned the Se.:retariat that they had intended to vote in favour of the amend- ments.
S The delegation of Egypt subsequently infonned the Secretariat that it had intended to vote in favour of the draft resolution.