GENERAL ASSEMBLY IS TOLD RWANDA TRIBUNAL, SMALLER THAN COUNTERPART FOR FORMER YUGOSLAVIA, IMPORTANT FOR NATIONAL RECONCILIATION

8 December 1997

Press Release
GA/9376

GENERAL ASSEMBLY IS TOLD RWANDA TRIBUNAL, SMALLER THAN COUNTERPART FOR FORMER YUGOSLAVIA, IMPORTANT FOR NATIONAL RECONCILIATION

19971208 Delegates Contend Work of Both Bodies Should Presage Permanent International Criminal Court; Situation in Central America also Discussed

The International Criminal Tribunal for Rwanda played an important role in national reconciliation in Rwanda and in the political stabilization of the Great Lakes region, the General Assembly was told this morning as it considered the report of the Tribunal.

Introducing the Tribunal's second annual report, its President, Laity Kama, said criticism following the Office of Internal Oversight investigation of the Tribunal overshadowed its good work. In 1997, three trials had begun and the first verdicts were expected by early next year. Twenty-four detainees, including those who had held administrative and military posts in Rwanda, had been indicted.

Compared with the Tribunal for the Former Yugoslavia, the Rwandan Court was "a cottage industry", he said. Although the holding of two trials simultaneously since September had sped up proceedings, the Tribunal needed more judges as well as space, computerized library facilities and access to the most advanced forms of communication and research, including the Internet.

Speaking on behalf of the European Union and associated countries, the representative of Luxembourg welcomed the implementation of internal control measures, although the Tribunal's functioning was still not fully improved. Public awareness in Rwanda and in the donor community had to be raised on the Tribunal's mandate, and the Court must be given adequate financial backing.

A number of speakers said the work of the Rwanda and Yugoslavia Tribunals should be the prelude to the establishment of a permanent international criminal court.

Also this morning, the representative of El Salvador introduced a draft resolution on the situation in Central America. Speaking also on behalf of Costa Rica, Guatemala, Honduras and Nicaragua, he said that in 1997 Central America was free of armed conflict and had returned to democracy, the rule of law and good

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governance. The end of armed conflict was a decisive factor in strengthening regional stability. Globalization and interdependence required more creativity to integrate the region's countries into the international arena.

Introducing a draft resolution on the mandate of the United Nations Verification Mission in Guatemala (MINUGUA), the representative of Mexico said that in the last 10 years the countries of Central America had moved towards peace, democracy and development. The political support of the United Nations and the international community were key components in the positive change that had taken place in Central America.

The Assembly decided to defer consideration of the item entitled, "Elimination of coercive economic measures as a means of political and economic compulsion" and include it in the provisional agenda of its fifty-third session.

Statements were also made by the Netherlands, Norway, Italy, Malaysia, Dominican Republic, Japan, Brazil and Spain.

The Assembly will meet again at 10 a.m. tomorrow, 9 December, to take up the reports of its First Committee (Disarmament and International Security).

Assembly Work Programme

The Assembly met this morning to consider the Report of the International Criminal Tribunal for Rwanda. It was also expected to consider the situation in Central America. It had before it the second annual report of the Tribunal, as well as two reports of the Secretary-General on the situation in Central America, along with a related note by the Secretary- General and two draft resolutions.

Rwanda Tribunal

The Assembly had before it a note by the Secretary-General (document A/52/582), transmitting the second annual report of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January and 31 December 1994, submitted by the Tribunal President in accordance with article 32 of its statute.

According to the report, the Tribunal consists of two Trial Chambers and an Appeals Chamber, the Office of the Prosecutor and the Office of the Registrar. The Secretary-General on 1 October 1996 appointed Judge Louise Arbour as the new Chief Prosecutor for both the International Criminal Tribunal for Rwanda and the International Tribunal for the former Yugoslavia, replacing Judge Richard Goldstone.

Since the submission of its previous report to the Assembly, the judicial activities of the Tribunal have increased substantially, the report states. So far, 14 indictments against a total of 21 individuals have been confirmed and warrants of arrest have been issued against the accused, with some accused featuring in more than one indictment. Twelve out of those indicted are currently in custody in the Tribunal's Detention Facility in Arusha, United Republic of Tanzania, while one is being held in the United States. Two suspects are in custody in Cameroon, awaiting transfer to the Tribunal's Detention Unit. From January 1997 onwards, the two Trial Chambers began trials in three cases. In addition, both Trial Chambers have adjudicated a large number of motions.

In response to a request by the Assembly and following complaints from Member States and staff members, auditors of the Office of Internal Oversight Services undertook an extensive investigation into affairs of the Tribunal. As detailed in its report (document A/51/789, annex), the Office uncovered serious operational deficiencies and mismanagement in the Tribunal's administration. Further, it found a lack of cooperation between the Registry and the Office of the Prosecutor, and stated that the Tribunal's effectiveness had been affected by short-term funding and lack of a proper infrastructure in the Arusha and Kigali offices.

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The oversight report puts forward 26 recommendations for improving the situation, some of which have been implemented or are in the process of being implemented. Based on its findings, the Secretary-General on 26 February appointed Agwu U. Okali as the new Registrar, replacing Andronico Adede. On 20 March, he appointed Bernard Muna as Deputy Prosecutor, replacing Judge Honore Rokotomanana. Further measures for reorganization of the Tribunal's administrative structure and the replacement of staff members were undertaken by the new Registrar.

The report of the Tribunal states that, in order to strengthen its relationship with the Rwandan Government, the President of the Court, Laïty Kama -- accompanied by Vice-President Yakov Ostrovsky and Judge Lennart Aspegren -- travelled to Kigali and met with the President of Rwanda, Pasteur Bizimungu, and apprised him of the current judicial activities of the Tribunal and the difficulties faced by it. In addition, the Tribunal continued to receive a large number of visitors, reflecting the growing public interest in its activities. Among the most prominent visitors were then President of the General Assembly, Ismail Razali, First Lady of the United States, Hillary Clinton, the Prime Ministers of Uganda and the United Republic of Tanzania, and the Ambassador of Rwanda to that country.

The report states that several Governments have made very valuable contributions to the Tribunal's Trust Fund and donations in kind, including the Tribunal's library, which has been established through a donation from the Danish Government. Also, in June, the Tribunal issued its first newsletter, containing information about the activities of the Tribunal. The Tribunal also has a monthly update of events.

The Tribunal's Victims and Witnesses Protection Unit, which is primarily engaged in providing protection to witnesses during the period of their testimony at the trials, became fully operational in November 1996 with the recruitment of its staff. Following their testimony, the Unit also monitors the security situation on their return to Rwanda.

Under the Headquarters Agreement signed on 21 August 1995 between the Tribunal and the United Republic of Tanzania, the Registrar has held regular meetings with representatives of the Tanzanian Government concerning matters such as the security of the premises of the Tribunal, communication, privileges and immunities, the report states. Further, the Registrar maintained close contact with governments on which the Tribunal's warrants of arrest have been served and with those States which were able successfully to identify, arrest and transfer the accused to the Tribunal - notably Belgium, Cameroon, Côte d'Ivoire, Kenya, Switzerland and Zambia.

There are a number of appendices annexed to the report, including one on cash contributions by governments to the Trust Fund and another containing crimes falling under the jurisdiction of the Tribunal. Also listed are appendices on details of offences with which the detainees are being charged,

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a list of assigned counsel, and recent developments since the drafting of this report.

Situation in Central America

The Secretary-General's report on the situation in Central America (document A/52/344) discusses the Central American peace process, regional cooperation and integration, and extra-regional cooperation. It states that in El Salvador, the United Nations Office of Verification (ONUV), and the smaller support unit that replaced it, continued verifying implementation of the peace agreements until 30 June. However, the implementation of a number of the peace accords, particularly in the socio-economic area, was still incomplete.

The report states that the United Nations Verification Mission in Guatemala (MINUGUA) was in the process of verifying the second phase of the implementation of the Guatemalan peace agreements, which emphasized social spending, modernization of State institutions, reform of public administration and the tax system, rural development and the restructuring of public security and national defence. Late 1997 would be a crucial time for Guatemala.

The United Nations activities in Central America included support for peace and consensus-building, the strengthening of democratic institutions, the reintegration of ex-combatants and the demobilization of the war-wounded, and the resettlement of uprooted populations with respect for the identity and rights of indigenous peoples. The United Nations Development Programme (UNDP) has focused on economic and social development. Finally, the United Nations has supported activities aimed at protecting and restoring the environment in Central America.

The report goes on to state that, with the successful resolution of the negotiations in Guatemala, Central America is free of armed conflict for the first time in over three decades. The countries of the region can now pursue economic growth, social justice and democratization. The initiation of a process leading towards a Central American Union was seen as a positive step.

The Secretary-General's report on the United Nations Verification Mission in Guatemala (MINUGUA) (document A/52/554) says the Assembly authorized extending the Mission's mandate for one year until 31 March 1998. The Mission's objective during that period is to verify the peace agreements signed by the Guatemalan Government and the Unidad Revolucionaria Nacional Guatemalteca (URNG) in December 1996.

The report discusses in detail the implementation of the Definitive Ceasefire and the Mission's structure and staffing. The Mission's primary functions are to serve as guarantor of the full implementation of the agreements and to support the strengthening of Guatemala's institutions. It also has the important task of instilling confidence in the peace process,

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contributing to national dialogue and reconciliation. The Guatemalan Government and the URNG have stressed that international verification is essential for the implementation process, and have requested that the Mission's mandate last from 1997 to the end of 2000, so as to ensure continuity and provide an opportunity for adequate administrative and financial planning within the regular budget for the biennium 1998-1999. In his report, the Secretary-General recommends that the General Assembly authorize renewing the mandate of MINUGUA beyond 31 March 1998 until 31 December 1999, subject to regular reports on progress in implementing the peace agreement. He also recommends that the Mission be provided with the required resources.

A related note by the Secretary-General (document A/52/330) transmits the seventh report of MINUGUA on human rights in Guatemala, covering the period from 1 January to 30 June 1997. It states that the Government has, in general, complied with its commitment to respect the autonomy and safeguard the freedom of action of the judiciary and the Public Prosecutor's Office, and that both institutions showed moderate signs of improvement. There was also a steady drop in the number of violations by public officials. However, verification revealed little progress regarding the observance of due process, and that most unlawful acts went unpunished.

Respect for procedural guarantees remained erratic, and discriminatory situations persisted with respect to indigenous peoples' access to the justice system, the report states. It also notes the participation in anti-kidnapping operations of institutions with no authority to engage in them. Although such operations might be used to counter organized crime, that was a serious violation of the commitment to ban illegal security forces. The report concludes that overcoming institutional weaknesses requires political will and a gradual strengthening of capabilities. The steps taken to establish the Commission on the Strengthening of the Justice System and the creation and deployment of the new National Civil Police were encouraging.

By the terms of the draft resolution on the situation in Central America (document A/52/L.31), the Assembly would ask the Secretary-General, the United Nations and the international community to continue verifying implementation of all the peace agreements in Guatemala signed under United Nations auspices and to support MINUGUA. The Secretary-General would also be asked to continue supporting the efforts of Central American Governments to consolidate peace and democracy through a new, comprehensive sustainable development programme and the initiative to establish the Central American Union.

The Assembly would reaffirm the importance of international cooperation, particularly with the United Nations system and the donor community, in consolidating peace and democracy in Central America. It would urge them to continue supporting Central American efforts to achieve those goals. It would also encourage Central American Governments to implement the social programme to overcome poverty and unemployment, establish a more just and equitable

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society, improve public safety, consolidate a modern and transparent public administration, and eliminate corruption, impunity, acts of terrorism, and drug and arms trafficking.

In addition, the Assembly would commend the efforts of the peoples and governments of Central America to re-establish peace and democracy and promote sustainable development by implementing the agreements adopted at summit meetings, and support their Presidents' decision that the region should become one of peace, freedom, democracy and development. It would recognize the need to support national and regional efforts to overcome the underlying causes of armed conflict, avoid reversals and consolidate peace and democracy, and promote the objectives of the Alliance for the Sustainable Development of Central America.

The Assembly would also welcome the signing of the Agreement on a Firm and Lasting Peace and the entry into force of the other agreements between the Guatemalan Government and the Unidad Revolucionaria Nacional Guatemalteca (URNG) and their implementation. It would urge Guatemalan society to consolidate peace.

The draft is sponsored by Argentina, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, the Netherlands, Nicaragua, Norway, Panama, Paraguay, Romania, Sweden, Spain, Uruguay and Venezuela.

By a draft resolution on MINUGUA (document A/52/L.19/Rev.1), the Assembly would decide to authorize renewal of the Mission's mandate from 1 April to 31 December 1998. It would call on the parties to the Comprehensive Agreement of Human Rights and the other peace agreements to continue implementing their commitments under them. The parties and all sectors of Guatemalan society would be urged to strengthen consensus building, reconciliation and development, with particular attention to the most vulnerable sectors of society.

The Assembly would ask the international community to continue supporting peace activities in Guatemala through voluntary contributions to the Trust Fund for the Guatemala Peace Process established by the Secretary- General. It would also ask the Secretary-General to submit an updated report to its fifty-third session, with his recommendations on the Mission's structure and staffing after 31 December 1998.

The draft is sponsored by Colombia, the Dominican Republic, Guatemala, Ireland, Italy, Luxembourg, Mexico, the Netherlands, Norway, Portugal, the Russian Federation, Spain, Sweden, the United States and Venezuela.

Rwanda Tribunal: Statements

LAITY KAMA, President, International Criminal Tribunal for Rwanda, said that last year the Tribunal had been the subject of severe criticism following the Office of Internal Oversight investigation. Those accusations had been

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largely unfounded, he said, but regrettably they overshadowed the good work that had already been done. The Tribunal's administrative services had been improved, thanks to the new administration named in February. The working conditions of the judges had been improved. There had been quantitative and qualitative growth in the Tribunal's legal activities. Since 9 January three trials had begun. The first verdicts were envisaged by early next year. The 24 detainees who had been indicted included those who had held administrative and military posts in Rwanda.

He went on to outline the difficulties facing the Tribunal since it began its work in Arusha. In the beginning, the Tribunal had only one temporary Hearings Chamber and lacked proper equipment. The present Chamber was still inadequate, given the number of detainees. There had been delays in the progress of the trials because of the lack of space. The Tribunal's two Chambers had been forced to take turns because the United Nations administration could make only one room available. Since September, the holding of two trials simultaneously had made it possible to speed up proceedings. The Secretary-General had made that progress possible by giving the necessary instructions to the Secretariat.

He said it was time to increase the number of judges. A third trial Chamber might later be located in the second permanent hearing room, whose construction was about to begin. If that solution were not possible, ad hoc judges could be appointed to review indictments. Some detainees had been held for more than two years and they had to be brought to trial soon, and in any case before the end of the judges' first mandate in May 1999. A new prosecution strategy to combine trials was no guarantee that the judicial process would be speeded up. An increase in the number of judges was the only solution, if justice were to be successfully concluded.

The Tribunal needed computerized library facilities and access to the most advanced forms of communication and research, including the Internet, he said. Compared with the Tribunal for the Former Yugoslavia, the Rwanda Tribunal was "a cottage industry". It needed more legal assistance for the judges. The United Nations could not do everything, States should help. Some had provided the Tribunal with technical assistance. There had been strengthened cooperation with States, particularly with Rwanda which had transferred detainees to Arusha. Cameroon had also agreed to transfer two detainees. Belgium, Switzerland and Côte d'Ivoire had all arrested and transferred accused persons. He said Kenya deserved special thanks for organizing with the prosecutor's office the "Na-Ki" operation which had made it possible to arrest important figures presumed to be connected with the Rwanda genocide, including the former Prime Minister of the Interim Government. Tanzania had constantly supported all Tribunal activities. Many States were adapting their internal legislation to conform to the mandate of the Tribunal.

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He said Article 26 of the Tribunal's statute stipulated that prison sentences would be carried out in Rwanda or in a designated State. So far, fewer than a dozen States had indicated their intention to house those sentenced. Norway and Sweden were among them. The matter was urgent because the first verdicts were expected next year. The security conditions in which the Tribunal operated were still not adequate. The Tribunal played an important role in national reconciliation in Rwanda and in the political stabilization of the Great Lakes region.

JEAN-LOUIS WOLZFELD (Luxembourg) spoke on behalf of the European Union, as well as Estonia, Hungary, Lithuania, the Czech Republic, Romania and Cyprus. He said the report on the Office of Internal Oversight Services investigation had revealed serious operational deficiencies and mismanagement in the Tribunal's administration, as well as frequent violations of United Nations rules. The Union welcomed the strong measures taken in conformity with the recommendations of the auditors, including strengthened communication between the Tribunal's organs and the International Tribunal for the Former Yugoslavia. It also welcomed the implementation of adequate measures of internal control in order to oversee the application of United Nations rules -- namely, those applicable to personnel, financial and procurement issues, and the reorganization of the Registrar's Office. However, the goal of improving the Tribunal's functioning had not been fully achieved, and serious personnel problems remained. More than 20 per cent of the vacancies were in core sectors. The implementation of a dynamic recruitment policy was crucially important for the Tribunal's future.

He said the Union was concerned that 10 accused persons had been detained without judgment for more than a year, and in certain cases for more than two years. A quick remedy was needed. In order to carry out its task with impartiality, the Tribunal must conduct its activities in a way that was totally independent. The Union, which had been providing important legal and logistical assistance to the Tribunal would, therefore, refrain from commenting on the cases before it. All States and parties should cooperate with the Tribunal, so it could fulfil its mandate efficiently. Substantial progress had been made, but much remained to be done. Individuals against whom arrest warrants had been issued remained free and would have to be apprehended. It was of paramount importance that the Tribunal continue its efforts to inform the public about its work. Public opinion -- first in Rwanda, as well as in the donor community -- had to be made aware of the Tribunal's mandate. The Tribunal must also be given adequate financial backing.

JAAP RAMAKER (Netherlands) said the serious financial and managerial problems which had threatened to jeopardize the implementation of the Tribunal's mandate had become all the more clear in February of this year with the report of the Office of Internal Oversight Services. It had spoken of serious operational deficiencies in the management of the Tribunal, as well as the negative impact of short-term funding arrangements, the geographical

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separation between its various offices and the lack of adequate infrastructure. The future of the concept of the universality of international criminal jurisdiction could be called into question at a time when it was finally taking shape in the form of a proposed international criminal court. He said universal crimes such as genocide, crimes against humanity and war crimes must be met with universal adjudication. The Netherlands, as the host country of the Tribunal for the former Yugoslavia, and also of the joint Appeals Chamber and Prosecutor of that Tribunal and the Rwanda Tribunal, actively monitored developments in efforts to improve the functioning of the Rwanda Tribunal and of its offices in Kigali and Arusha. Serious efforts had been made by all parties involved to redress the deficiencies hindering the full and effective fulfilment of the Tribunal's mandate.

He said closer coordination had been established among the substantive departments at United Nations Headquarters, and between those departments and the Tribunal. The process of reshaping the Registry had started putting the Tribunal back on track. However, in view of the magnitude of problems in Kigali, not all problems had yet been solved. Unless the Tribunal were allowed to operate in the best possible way it could lose its credibility. Its ultimate success would be measured by its ability to show that justice prevailed, that inhumanity did not occur with impunity, that civilization would be preserved, and that the international community did care. He said the report of the Tribunal did not set itself clear and well defined targets for finalizing its reorganization. Its draft 1998 budget, however, did contain "performance indicators". It was his delegation's view that such indicators should have been included in the report as well, to allow for an assessment of the progress made. He also wondered why the main body of the report was issued at such a late date.

The Netherlands, he went on, wanted to draw full attention to the question of cooperation of States with the Tribunal. Only a few had passed legislation enabling such cooperation. The location of many of the leaders responsible for the horrible crimes committed were well known, but only a limited number were imprisoned and only a few were in the hands of the Tribunal. His country attached great importance to breaking the circle of crime and impunity which had reigned in Rwanda and recognized the importance of arrests indicated in the report. Every effort should be made by all States in a position to do so to arrest suspects and enable the Tribunal to act in accordance with its mandate. Financial support for the Tribunal was needed, and Member States must be prepared to share that responsibility, both on the international and domestic level.

M. JAKKEN BIORN LIAN (Norway) said the international community could not have remained silent about the genocide in Rwanda. The Security Council had acted to create the International Criminal Tribunal for Rwanda -- the second such ad hoc body created by the United Nations. Norway also lent its full support to the creation of the international criminal court. It was vital for the international community to provide for the success of the Tribunal in

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Rwanda. His country had acted promptly with necessary legislation required for its full cooperation with the Tribunal and also contributed to its Voluntary Fund. It was now crucial to examine and evaluate the judiciary activities of the Tribunal. The measures taken to implement the recommendations proposed by the Office of Internal Oversight Services were welcome.

The question to be asked now was what contributions Member States could make to help overcome the Tribunal's difficulties, he said. There had to be trust in the Tribunal's capacity to establish sound management so as to utilize all of its resources. In addition, States could actively cooperate with the Tribunal, providing assistance in such areas as the identification and pursuit of individuals, and their detention and transfer to it. The sound functioning of the Tribunal also depended on cooperation with the Rwandan authorities. There was also a need to construct a network to disseminate information to those in Rwanda and the rest of the international community.

FRANCESCO PAOLO FULCI (Italy) said that both the Rwandan and Yugoslav Tribunals were to be considered fundamental laboratories, and their experience and achievements remained essential for the establishment of a permanent international criminal court. When the institutional framework to dispense international criminal justice was complete, the permanent court should replace the ad hoc Tribunals.

He commended the progress of the Rwanda Tribunal in carrying out its judicial activities; the positive developments demonstrated the hard work and dedication of the Tribunal members and the Office of the Prosecutor. The adequate protection of witnesses during their testimony at the trials, and on their return to Rwanda, was essential for the Tribunal's functioning. He noted that the Tribunal's Victims and Witnesses Protection Unit had become fully operational.

He welcomed measures adopted following an investigation conducted by the Office of Internal Oversight Services to improve the administrative management of the Tribunal, and to ensure that relevant United Nations rules and regulations were fully respected. The Tribunal's credibility must not be put at risk by failure to operate in accordance with the most rigorous standards of good administration. Despite progress, the Tribunal still faced various difficulties, arising especially from insufficient resources, equipment and staff. Additional investigators were needed in the Prosecutor's office. The cooperation of States was also crucial, both at the level of enacting legislation to implement the statute and of complying with the Tribunal's requests. He said Italy was confident the International Criminal Tribunal for Rwanda would continue to operate in an effective manner, and to meet the expectations that persons responsible for genocide and other serious violations of international humanitarian law be brought to justice.

MARZUKI MOHD NOOR (Malaysia) said that for a body which had been confronted by a range of problems, the positive developments in the collective

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efforts through the Rwanda Tribunal to bring to book the perpetrators of genocide was welcome. He commended those countries which had rendered their full cooperation and assistance to the Tribunal to bring about the arrest and transfer of key figures suspected of having participated in the Rwanda genocide. Those developments demonstrated that the Tribunal was determined to reinforce its credibility and achieve its goal of bringing justice with respect to those involved in the genocide. The Tribunal must mete out justice rapidly to facilitate national reconciliation between the Hutu and Tutsi in Rwanda.

In Rwanda, as in most countries emerging from conflict and oppression, reconciliation was impossible without justice, he said. While the Tribunal could not repair the damage, it could help prevent another genocide by ensuring that there was an end to wanton bloodletting with impunity. Fair trials of those deemed to have been the intellectual authors of the genocide, conducted in accordance with international standards of due process, would have a liberating effect within Rwanda, while breaking important new ground internationally.

It was Malaysia's hope that the problems pertaining to the lack of cooperation between the Registry and the Prosecutor's Office, and the lack of a proper infrastructure for the offices in Arusha and Kigali would be effectively addressed, he said. In addressing inefficiencies and operational deficiencies, it was hoped that efforts would be made both in the field and at headquarters. Administrative impediments should not be allowed to deter the Tribunal's important work. The Rwanda Tribunal and the country's somewhat reconstituted criminal justice system were at a critical point. They must receive the full financial, political and moral support of the international community. Malaysia unequivocally supported the work of the Tribunal and stressed the need for it to be given the necessary support to carry out its task.

Situation in Central America: Statements

RICARDO CASTANEDA (El Salvador), for the Central American Group (Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua) introduced the draft resolution on the situation in Central America (document A/52/L.31). He said Austria, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Jamaica, Japan, Luxembourg, Peru, Portugal, Russian Federation, United Kingdom and the United States had joined the list of co-sponsors. The year 1997, he went on, had witnessed a Central America that was free of armed conflict. It had seen a region return to democracy, democratic institutions and the re-establishment of the rule of law and good governance. The end of armed conflict was a decisive factor in strengthening regional stability.

He said globalization and interdependence had brought about the need for more creativity by countries of the region to ensure the soundness of their integration into the international arena. He reaffirmed the commitment by regional Presidents in the Nicaragua Declaration, signed in February 1997, to

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emphasize the launch of the Central American Union which was considered indispensable in the region's quest for sustainable development.

GUSTAVO ALBIN (Mexico) introduced the draft resolution on the United Nations Verification Mission in Guatemala (document A/52/L.19). He said Argentina, Austria, Belgium, Canada, Chile, Denmark, Finland, France, Germany, Greece, Jamaica, Singapore, United Kingdom and Costa Rica had joined the list of co-sponsors.

He noted that in the last 10 years the countries of Central America had moved forward positively in their pursuit of peace, democracy and development and were assured of Mexico's support in those efforts. The political support of the United Nations and the international community were also key components in the decisive positive change that had taken place in Central America. Mexico issued a cordial greeting to Salvadorean society to close ranks and finalize the historic peace process.

He said that when there was a decisive political will to achieve positive success, the United Nations could play a definite role in ensuring that the parties concerned achieved the desired results. He commended the high level of efforts by Presidents of the Central American countries vis-a-vis integration, and initiatives in the region towards sustainable development.

CRISTINA AGUIAR (Dominican Republic) said that as a sponsor of both draft resolutions before the Assembly, her country associated itself fully with the statements made by the representatives of El Salvador and Mexico. The achievement of democracy and the restoration of peace in Central America had reached a milestone, probably the most important milestone of the latter part of the twentieth century. Cooperation between the United Nations system and the countries of the region had been strengthened. Central America was united on the path towards justice and democracy. Support by the international community was necessary for the achievement of its goals. The people of Central America were prepared to sacrifice to preserve stability in the region. The region was developing a lasting network of reciprocal cooperation for development.

The Dominican Republic was aware that the stability and credibility of a region depended on a range of political, economic, social and cultural factors, she said. Her country had become a member of the Central American Integration System and was working with the Central American Group to address its people's need for full development. The Declaration of Santo Domingo, adopted at the recent meeting of Central American Ministers of State and Government, defined specific actions aimed at setting up an expanded and more competitive market. Countries of the region had decided to pool efforts to tackle common problems, including drug trafficking, and they were prepared to translate those good intentions into action.

She said the goal of the Central American countries was to realize the hopes of those who had placed their trust in the peace agreements. It was important to secure stable and lasting peace and security in the region. It

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was also important for the United Nations to continue to monitor implementation of agreements signed in Guatemala and for MINUGUA to continue its work.

JEAN-LOUIS WOLZFELD (Luxembourg), speaking for the European Union and associated countries of Eastern and Central Europe and Cyprus, welcomed the willingness of the parties in Guatemala to honour the peace agreements signed by the Government and the URNG, despite persisting difficulties. The Secretary-General's report noted the Government's willingness not to tolerate impunity for those guilty of human rights violations. The dismantling of counter-insurgency support structures had also led to some progress.

Nevertheless, he continued, the situation remained precarious, given the weakness of institutions which were responsible for preventing, investigating and prosecuting crimes and serious human rights violations. The Guatemalan authorities and concerned institutions should cooperate fully with the Commission charged with investigating human rights violations set up by the Oslo Agreement in 1994.

He said the European Union was also concerned about institutional weakness, at a time when the creation of solid institutions was an important precondition for the success of the peace process. The Union supported, without reservations, the activities of MINUGUA and welcomed its restructuring. It was essential that in the coming months the parties, the national institutions and society should cooperate to ensure that their commitment to build a democratic society based on the rule of law in Guatemala became a reality.

On the situation in El Salvador, he said the peace process had allowed for democratic participation and important progress towards national reconciliation, as well as a new climate of tolerance. The work of the National Council for the Defence of Human Rights was important and the consolidation of the National Civil Police and the presence of an independent Supreme Court of Justice were major achievements. However, the public seemed increasingly discontented with the administration of justice, given the levels of common criminality. That weakness was a fundamental impediment to true democratization. Additional public security reforms were necessary, particularly in the development of the national police and national security academy, institutions to which the European Union gave technical and financial aid. Additional reforms in the electoral system were also needed.

AKIO TANAKA (Japan) said he was deeply gratified that, as a result of the Agreement on a Firm and Lasting Peace by the Government of Guatemala and URNG signed one year ago, peace and democracy were taking root in that country. Although peace and stability could finally prevail throughout Central America, many social and economic problems remained. Japan welcomed the fact that countries in the region were working together to foster relations of mutual trust and cooperation for development. The Central American Integration System in particular was playing an invaluable role in strengthening the stability and

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development of the region. It gave cause for optimism that the democratization process and the development of market economies would continue throughout Central America.

The international community must continue to extend cooperation to ensure that the peoples of Central America could pursue their livelihoods in peace and freedom and could look forward to a more prosperous future, he said. Japan was extending bilateral cooperation for democratization and economic reform. As of fiscal year 1996, it had extended a total of $230 million to countries in the region. Also, to strengthen mutual understanding and cooperative relations, it was convening periodic meetings between Japanese and Central American leaders to discuss a wide range of issues of common concern.

CELSO AMORIM (Brazil) expressing support for the two drafts before the Assembly, said Guatemalan society now had the critical task of tackling the second phase of the implementation of the peace agreements. It was necessary to ask whether the procedures used in the case of MINUGUA, apart from their significance for Guatemala and Central America, had set an important precedent for other situations. He referred specifically to cases in which the Organization gave social, economic and political support to national peace processes through efforts which were still loosely defined as post-conflict peace-building. The Assembly was in the best position to authorize mandates in such situations. One should therefore ask whether some issues dealt with by the Security Council could not be transferred to the Assembly.

For the first time in a decade, no country in the Central American region was suffering the effects of internal conflict, he said. Perhaps there was no region or subregion that had so greatly benefited from the ending of the cold war. Today, the challenges facing the countries of the isthmus were no different from those facing the rest of Latin America. The success of the peace process in the region and the lessons learned from it represented experiences which could benefit the rest of the world.

INOCENCIO F. ARIAS (Spain) said his delegation fully associated itself with the statement of the European Union. Spain was a member of the "Group of Friends" of the Guatemala peace process. Like the rest of the international community, it was also committed to MINUGUA's four-year mandate to implement, complete and verify the peace agreements. It was hoped that the verification process would be completed within the time-frame established by the parties. Spain would have preferred for the Assembly to extend the Mission's mandate in accordance with the recommendations of the Secretary-General.

He stressed the importance of efforts aimed at reconstruction, which should be shared by both the Government and people of Guatemala. National institutions, along with society in its entirety, must act to ensure that their common objectives became a reality.

General Assembly Plenary - 16 - Press Release GA/9376 66th Meeting (AM) 8 December 1997

SVEIN AASS (Norway) said that as a member of the "Group of Friends", his country welcomed the progress made in implementing the peace accords in Guatemala since the Final Peace Agreement was signed last year. It was particularly encouraging that the demobilization process went smoothly and according to schedule. It was also satisfying that the Commission set up by the Oslo Agreement of June 1994 to investigate human rights violations during the conflict had embarked on its complicated task. Norway had this year contributed $1.25 million to the work of that Commission. In total, Norwegian assistance to Guatemala would reach approximately $15 million in 1997.

He said his country attached great importance to the work of MINUGUA and continued to support it. The Mission addressed an important range of questions, with a focus on human rights issues connected with the implementation of the peace accords. Guatemala still faced serious challenges in the implementation of all the elements of the peace accords and in creating a society which met the aspirations of the Guatemalan people. That task would continue to require great efforts by the Government, and all sectors of the Guatemalan society, with the continued support of the international community. The momentum of the implementation process should be maintained, so that the pending and necessary reforms might be introduced and carried out.

During the more than five years since the signing of the Chapultepec agreements, there has been a fruitful process of peace-building in El Salvador, he said. The role of the United Nations in that process had been of paramount importance. With the aim of consolidating that process, Norway had supported and contributed to the United Nations presence and efforts in El Salvador. It also continued participating in the training of the National Civilian Police. Considering that some form of international presence in El Salvador was still required, Norway supported the continuation of the support unit within the framework of UNDP, to ensure the needed follow-up of elements of the peace accords yet to be implemented.

HU ZHAOMING (China) asked for clarification on a technical point regarding draft resolution A/52/L.19/Rev.1. In the sixth operative paragraph of the English text, the date given for the extension of the mandate of the United Nations Verification Mission in Guatemala was from 1 April to 31 December 1998. In the Chinese language text, the date given was to 31 December 1999. He noted that some delegations had mentioned that latter date in their statements. PABLO MACEDO (Mexico), responding, said the correct date was 31 December 1998.

The Vice-President of the Assembly, HERBERT YOUNG (St. Vincent and the Grenadines), said action on the draft resolutions would be taken at a later date to allow time for consideration of programme budget implications.

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