IMPORTANCE OF STATE SOVEREIGNTY, NEED TO ADDRESS HUMAN RIGHTS VIOLATIONS, COUNCIL REFORM, DISCUSSED IN ASSEMBLY

Press Release
GA/9633

IMPORTANCE OF STATE SOVEREIGNTY, NEED TO ADDRESS HUMAN RIGHTS VIOLATIONS, COUNCIL REFORM, DISCUSSED IN ASSEMBLY

The important principle of national sovereignty must not be used as a curtain behind which human rights violations were carried out with impunity, the representative of Sweden said this afternoon as the General Assembly continued its consideration of the Secretary-General's annual report on the work of the Organization.

The United Nations Charter had established a system of collective security, but security did not first involve States but also individuals, he said. Too often State security was used to undermine the security of individuals. The Secretary-General's reference to a "collective conscience of humanity" had implied an obligation to act wherever the security of individuals was imperilled, and the United Nations was the obvious forum to take such action.

The Security Council must find a way of bypassing the impasse- creating and consensus-blocking veto, the Malaysian representative stressed. He also said that sanctions -- that powerful instrument of coercion -- had unfortunately often resulted in dire consequences for ordinary people such as in Iraq. Following seven years of the most punitive sanctions ever imposed on a people, the Council bore the burden of ameliorating the suffering of the Iraqis people, even as it grappled with issues related to peace and security in that region. Sanctions should be imposed only when absolutely necessary, and bear the stamp of specific objectives and timeframes, he added.

The Cuban representative said that while he understood the reality of a globalized world, the "unipolar and neo-liberal" nature of that world, financial blackmail against the United Nations, and the double- standards of the Security Council and tyranny of some of its members made it "suicidal" for his country to endorse the right of global intervention as already exercised in Kosovo. The United Nations, itself, was in urgent need of democratization: the General Assembly must exercise its power, even in conflicts; and the Security Council must be expanded to include the equitable representation of developing countries.

The ailing financial health of the Organization was addressed by the representative of Belgium, who said that States currently in

General Assembly Plenary - 1a - Press Release GA/9633 32nd Meeting (PM) 8 October 1999

arrears were causing harm to the international community as a whole, preventing the Organization from carrying out its mandate and dangerously complicating its reform.

Statements were also made by the representatives of the Philippines, Senegal, Oman, Algeria, Republic of Moldova, Pakistan, Norway, Peru, New Zealand, Sudan and Spain.

The Assembly will continue its consideration of the report of the Secretary-General at 10 a.m. Monday, 11 October.

Assembly Work Programme

The General Assembly met this afternoon to continue its consideration of the report of the Secretary-General on the work of the Organization (document A/54/1).

Statements

BRUNO RODRIGUEZ PARRILLA (Cuba) said there was no country with a greater will for change or with greater determination for confronting old and new problems than Cuba. The challenges of globalization and current times should not be met with stereotypes of the past, he stressed. Since 1959, no State had changed more or sought the change of "this unsustainable and unjust world order with more courage and dedication than Cuba", he added.

The dilemma of developing countries was whether, in the future, under certain circumstances and procedures, to accept or to stop being subject to intervention by a handful of Powers that had economic and military monopoly, he said. Cuba wished to express that it would never be intervened in, because that was the sovereign will of its people.

Cuba understood the reality of a globalized world and would work hard toward the globalization of justice, development and solidarity. But under conditions of "a unipolar and neoliberal world order", financial blackmail against the United Nations, the Security Council's double standards and tyranny by some members, among other issues, Cuba felt it would be suicidal to endorse the right to global intervention already exercised in Kosovo. To be able to act, the United Nations must urgently democratize itself. The General Assembly must resolutely exercise its powers, even in the field of conflicts, and the Security Council must be expanded with equitable representation from developing countries.

Stressing the absolute validity and inviolability of the United Nations Charter, he said the concept of so-called humanitarian intervention, as displayed in Kosovo, was a violation of the Charter and of international law. Cuba rejected any acts of force not supported by the Charter. While Cuba agreed with the importance of creating a culture of prevention at the United Nations, the first step was for all Member States to reach mutual a understanding on the practical implications and methods to be applied to embark on that culture. Not enough had been said on the principle of consent and too much on the imposition of peace, he said. In a world where justice and equity prevailed, peace could not be imposed, but was attained through development, equal opportunities for every citizen, the absence of corruption, and the ensurance of people's true participation in designing their own destiny.

MARIA LOURDES V. RAMIRO LOPEZ (Philippines) said that what seemed to be envisioned in the Secretary-General’s report was a more intrusive role of the United Nations, one not limited to facilitating a compromise political settlement among contending parties but the resolution of certain underlying causes of conflicts, the setting-up of conditions for political participation such as elections, the training of civil servants and the police. In more serious cases, the United Nations might even assume part of the governmental administration.

Preventive diplomacy and peace-building interventions would tend to involve the United Nations far more deeply than before in the internal affairs of States, she said. Her delegations position on the issue had been laid out in the General Assembly by the Foreign Secretary of the Philippines: State sovereignty is important; it will always be”. She said, however, that her delegation agreed with the Secretary-General that it was necessary to be more innovative in approaches to problems relating to massive and systematic human rights violations.

Turning to humanitarian challenges, she said that while humanitarian assistance was an immediate response, it was at the same time a necessary step towards full recovery, rehabilitation and development. Attacks on humanitarian personnel continued to pose major problems and all efforts must be exerted by countries, particularly host countries, to ensure the safety of all personnel involved in humanitarian assistance.

In noting the intention of the Secretary-General that savings derived from efficiency measures would be placed in the Development Account and made available for additional projects, she stressed that the transfer of resources associated with productivity gains into the Development Account should not be a budget reduction exercise, should not result in involuntary separation of staff and should not affect the full implementation of all mandate programmes and activities. Regarding the critical financial situation of the United Nations, she called upon Member States, in particular the major contributor, to settle their arrears without further delay and to pay their future assessments in full and on time.

DIRK WOUTERS (Belgium) said the forces of globalization and international cooperation, as the report emphasized, required an in-depth adaptation of the Organization. Equally important was the Secretary-General's readiness to give back to the Organization its central role in the pursuit of peace and security. Also critical were efforts to transform the United Nations into a more integrated and sharply focused organization. Adapting it to the modern world required a rapid and unequivocal response by Member States. The report had rightly highlighted certain global responses which were flawed, fragmented or narrow-minded. The Organization's role in preventing conflicts needed to be sharpened, and the essential links between its political objectives and development work needed to be further developed.

He drew attention to five other aspects of the report: natural disasters; the new global environment; the Organization's financial health; Security Council reform; and the advancement of peace and sustainable development in Africa. A stronger response to natural disasters required the further development of early warning systems. The new global environment required more systematic cooperation between the United Nations and protagonists engaged in advancing political and economic security on all levels, including those beyond State borders. In that respect, progress made in the dialogue between the Organization and the Bretton Woods institutions was welcome.

On the financial health of the Organization, which had not improved over the past year, he said that States currently in arrears were causing considerable harm to the international community as a whole, preventing the Organization from carrying out its mandate and were dangerously complicating its reform. The process of Security Council reform should avoid unproductive confrontations and persistent procrastination. On the situation in Africa, his delegation supported the appeal for more organized and outgoing efforts.

HANS DAHLGREN (Sweden) said the Secretary-General had rightly emphasized the humanitarian challenge facing the Organization. Indeed, the world had witnessed many catastrophes in the past year, including violence in East Timor; ethnic cleansing in Kosovo; and the thousands of children in Sierra Leone who had been mutilated by rebels, abducted from parents, and forced to use drugs or serve as soldiers. The United Nations had been founded to save succeeding generations from the scourge of war, and its Charter had established a system for collective security, but security was not only a matter of States, but of individuals. The lives of too many had been threatened, and too many had been persecuted and oppressed.

He said the important principle of national sovereignty could not be used as a curtain behind which violations of human rights were carried out with impunity. Individual security was as important as State security. Too often, the security of a State was used to undermine the security of a people. The Secretary-General had referred to the collective conscience of humanity. To Sweden, that conscience also implied an obligation to take action where the security of individuals was imperilled. The United Nations was the obvious forum for dealing with such situations. In the field of conflict prevention, it already had several instruments at its disposal.

The more difficult question was how the international community should treat violent disputes if those occurred within a country, he went on. It needed to balance respect for national sovereignty with seeking to improve individual security everywhere. Security threats within State borders should not hinder the Organization from taking action, as an internal dispute might well constitute a threat to international peace and security and warrant action by the Security Council under Chapter VII of the Charter. In that connection, the Security Council should have taken a decision to halt the actions of President Slobadon Milosevic. A common framework must be found as a basis for action by the United Nations to curtail a humanitarian catastrophe.

He said his delegation supported ongoing efforts to restore the Council's authority and to expand its membership, in order to better serve the interests and security of all peoples. The time had come to turn that widely shared belief into concrete action.

IBRA DEGUENE KA (Senegal) said that currently, more than ever, global efforts needed to be guided toward peace and stability, and conducted in cooperation to create a climate conducive to understanding between peoples and nations. With regards to that solidarity, Senegal felt that States needed to increasingly hone their abilities in preventing crises and tragedies. It was also up to the international community to care for the needs of victims of wars and disasters by acting effectively and without discrimination, there had to be a genuine culture of communication which would allow effective responses to humanitarian crises.

The Security Council must become more credible and democratic, he said. Only the United Nations could respond in a diplomatic manner in situations of conflict. Senegal stressed its faith in the United Nations in the conduct of peacekeeping operations around the world. His country also believed that strengthened interaction between the United Nations and regional organizations could reduce the occurrence of conflicts. He recommended integrating the concept of the culture of peace in attempts to rebuild following conflicts. Efforts should be made to redouble investments and growth to eliminate developing countries' debt problems in an arena of globalization, he added.

HASMY AGAM (Malaysia) said that the Security Council must find a way of circumscribing the frequently “impasse-creating”, and “consensus-blocking” effect of the veto. It was necessary to secure the authorization of the Security Council for any use of force against States. At the same time, the principle of intervention, if approved, should be applicable across the bound -- for both developing and developed countries.

He said that comprehensive sanctions remained a powerful instrument of coercion on States, which, unfortunately often resulted in dire consequences for ordinary people. Such was the situation in Iraq, where, following seven years of the most punitive sanctions ever imposed on a people, there existed a grave humanitarian situation. The international community and the United Nations, in particular the Security Council, bore a heavy responsibility to ameliorate the suffering of the Iraqi people, even as it grappled with the important issue of peace and security in that region, as well as other important but unresolved issues of the Gulf War.

Sanctions should be resorted to with extreme care and only when absolutely necessary, when all other peaceful measures provided for in the Charter had been applied, he said. They should have specific objectives, be clearly targeted, have specified time-frames, and should be completely and formally lifted as soon as they were no longer necessary -- as should have been done in the case of Libya.

Turning to disarmament, he said the United Nation’s disarmament machinery had not been fully utilized during the year. He noted that three years after the decision of the Advisory Opinion of the International Court of Justice there had not been any movement to pursue in good faith and conclude negotiations leading to nuclear disarmament. The Conference on Disarmament continued to be stymied by fundamental differences among its members and to shy away from constituting the Working Group on Nuclear Disarmament.

He also expressed his concern about United Nations personnel in the field. The United Nations had an obligation to ensure that they were able to safely carry out their missions in responding to the needs of civilians in armed conflict. It would be fitting for the United Nations to pay tribute to the courage and sacrifices of those humanitarian workers in the way that it honoured its uniformed peacekeepers.

FUAD MUBARAK AL-HINAI (Oman) agreed with the Secretary-General that there was no higher purpose for the United Nations than preventing armed conflict, for which purpose it had been established. Preventive diplomacy was a precious tool that could defuse tension and prevent wars. As sanctions had become the means of collective intervention, and such measures lost focus and became measures for repression and punishment, the United Nations should reconsider the method of their operation. Coercive measures did more harm than good in the long-term, and he endorsed the recommendation that their design and implementation must be improved. Conflicts were the culmination of years of tension and mistrust, and preventive measures, such as mediation, conciliation and negotiation, were needed to address their root causes.

In an interdependent world, he said, development remained a challenge for many countries that could only be met through collective efforts by international organizations. Oman hoped to join the World Trade Organization (WTO) soon, and hope to fully participate in that organization’s activities. His country had a “clean and prompt record” in paying its United Nations dues, and he called on other Member States to pay their contributions in full and without conditions so the Organization could carry out its mandates. He also called on the Secretary-General to continue his work restructuring the Organization, and trusted that restructuring would extend to the creation of a more culturally and politically diverse Security Council. Dialogue among nations should constitute the basis for the Secretary-General’s proposals for improving the Organization, and time and effort should be spent planning a Millennium Summit of the fifty-fifth Assembly that would mark a new beginning to deliver the United Nations’ goals and objectives for the years to come.

ABDALLAH BAALI (Algeria) said that in many cases the United Nations had been successful in alleviating conflict situations through peacekeeping operations or other means. However, in other instances, failure was evident since perhaps because the Parties could not agree or the United Nations itself could not handle the situation. He noted that since all situations were unique and needed to be addressed differently, the Security Council must play its role by demonstrating its determination and firmness in conflict situations. The sovereign will of States must be crystallized in accordance with the Charter, he added. The consensus of States was crucial whether they were talking about preventive diplomacy or peacekeeping.

It would be unacceptable for legal standards to be created without States involvement, he said. The International Criminal Court must play a dissuasive and preventive part, but Algeria would like to avoid over- liberalism of that court system. It should not replace national courts, he stressed. Its credibility involved full respect for State sovereignty. International law must neither become the hostage of politicians nor should it become something for larger Powers to accept when they wanted and change when they did not.

He said the Council should, in all situations, aim to reduce or eliminate the effects of sanctions on vulnerable populations. In view of that, Algeria called for the lifting of sanctions imposed on Iraq and Libya, which had fully cooperated with the United Nations.

He said that globalization erased differences and removed borders. However, universal civilization did not seem to be offended by extensive poverty or by the multiplicity of those who did not have access to social services. Globalization was both irreversible and irresistible. It carried risks of marginalization. Instead of being a factor of inclusion, it could become one of exclusion for the less developed countries, he noted.

ION BOTNARU (Moldova) said that, as the Secretary-General’s report made clear, the humanitarian challenge was a consequence of the internal and inter- State conflicts and natural disasters that had disturbed the international community this year. Countries that were afflicted by war suffered from economic decline. Inequalities among groups, rather than poverty, generated tension and conflict in societies. The impact of market-oriented reforms and structural adjustments without compensating social policies could lead to conflict and also undermine democratization in the newly-independent States. The United Nations should also give special attention to conflicts caused by aggressive separatist movements supported from outside.

Disagreements within the Security Council about the relationship between national sovereignty and human rights had impeded it in discharging its responsibility for international peace and security leading to just criticism, he said. However, enforcement actions without Council authorization threatened the core of the international security system. Moldova encouraged discussion on how humanitarian intervention could conform with the maintenance of international peace and security.

The Secretary-General’s report registered the United Nations first positive results in dealing with the problems caused by globalization, he said. In this connection, it was imperative that countries with economies in transition benefit along with developing countries to avoid their marginalization. Moldova supported the Secretary-General’s emphasis on strengthening the international legal order, and would ratify the Rome Statute of the International Criminal Court early next year.

MUHAMMAD SIDDIQUE KHAN KNAJU, Minister of State for Foreign Affairs of Pakistan, said more thought should be given to the Secretary-General’s proposals on the building of a global culture of conflict prevention. The proposals should be viewed within certain fundamental parameters: State sovereignty and non-interference and non-intervention in the internal affairs of States must be respected. The principle could not, however, cover the struggle by people under colonial rule, foreign occupation or alien domination regarding their inalienable rights to self-determination.

The central role of the General Assembly must be maintained and strengthened, he said. There should also be no encroachment by the Security Council on the role of other United Nations bodies. The Security Council must operate strictly within its mandate of discussing issues of peace and security. A clear distinction must be maintained between humanitarian crises resulting from wars, conflicts or disputes and other human rights issues.

International humanitarian intervention as a preventive measure could only be credible if applied to all situations, he said. The underlying causes of conflicts and disputes must be addressed. The Secretary-General should play a more active role in situations where massive violations of human rights occurred against people under colonial rule or foreign occupation. Pakistan supported the Secretary-General’s call for the creation of an effective early warning system for disaster prevention as well as adequate international emergency response capabilities. Strategies should be evolved to meet the diverse goals of international peace and security.

He said immediate action should be taken by the international community to check the adverse effects of globalization on the economic and social development of developing countries. All countries should play a role in promoting sustained development of developing countries. The United Nations must play a central role to ensure that the process of globalization was based on equity and justice and involved all members of the international community. The best way to promote adherence to universally agreed human rights norms was through the implementation of the right to development and poverty eradication.

OLE PETER KOLBY (Norway) said humanitarian action could not be viewed in isolation from efforts for conflict resolution and peacekeeping. Economic development included issues of debt relief, external assistance, good governance and human rights. That interdependence represented a challenge both to national governments and the United Nations system. He stressed that improved coordination of the large number of bodies in the Organization that dealt with humanitarian emergencies, the environment, climate change and man- made disasters within the Organization could lead to better understanding of problems and their solutions.

With regards to conflict resolution and peace-building, he said that it was obviously less costly, both financially and in human terms, to prevent than to repair. He called attention to the Fund for Preventive Action to which his Government had made a contribution -- it had been a useful mechanism in a number of preventive diplomatic efforts. The conflicts in Kosovo, East Timor and Sierra Leone had cost immeasurable suffering and placed new burdens on the United Nations response system. However, the Organization had been able to rise to those demands. Particularly important to Norway was the issue of mine clearance, he added. Additional ratifications of the Ottawa Convention would be most welcome.

MANUEL PICASSO (Peru) underlined the need for international assistance in preparing for natural disasters. He stressed the need for a global approach to humanitarian crises, which implied clear priorities, particularly prior planning and an effective and efficient action by the agencies on the ground. However, in spite of the size of the efforts, there was still insufficient response. There was a worrying sectoral and geographical imbalance in humanitarian aid that must be corrected to revert the present tendency, he said.

He said the use of force in conflict resolution was only applicable in the scope of article 51 of the Charter, since resorting to it, even when inspired by the noblest of causes, would eventually lead to an increase in violence, and was unlikely to be the means to achieve a lasting solution for any problem. In that regard, he reiterated that the Security Council was the sole body that could authorize the use of force. The unilateral use of force, ignoring the jurisdiction of the Council, undermined the foundations of civilized coexistence between States in the modern world.

He also underlined the importance of international cooperation for development with regard to security. He regretted that the funds of agencies that offered help to developing countries continued to show a negative growth that would substantially affect the neediest of countries in which security problems were often detected, basically because of a lack of resources to handle a minimum of needs.

MICHAEL POWLES (New Zealand) said that massive abuses of human rights, whether in Rwanda or Kosovo or East Timor, had the potential to endanger international peace and security and were the proper business of the Security Council. The debate about “national sovereignty” versus the “right of humanitarian intervention” was a sterile one which had unfortunately taken on much of the baggage of the North-South stand-off. No useful conclusion was likely to come of it. The way ahead was rarely illuminated by antagonism and particularly not by pitting one highly abstract concept against another. Delegations should rather put their faith in the common-sense and compassion of the people who were ultimately responsible for sending them to the Assembly.

In this age of rapidly increasing inter-connectedness, he said, there was a much wider awareness of events around the globe. Publics demanded that their Governments act, through the Security Council if necessary, to try to put a stop to outrageous, wide-scale abuses of human rights, wherever they might occur. If the Council failed to act, it risked losing its reason for being, and become irrelevant in the eyes of the public. That was the political reality. The challenge for Member States was to ensure that the Charter was implemented in such a way as to meet the realistic expectations of people around the world in whose name the Charter had been written. New Zealand was fully supportive of the Secretary-General’s efforts, which had already delivered tangible improvements in the overall management of the United Nations. It looked forward to continued development of the results- based budgeting approach, including the prototype budget to be submitted shortly.

ELFATIH MOHAMED AHMED ERWA (Sudan) said in view of the events of the past year, more serious debate needed to be undertaken in the United Nations with regard to conflict and disputes. Those could be divided into groups that included internal strife; complicated conflicts between several nations within a region; or conflict in a State where there was no leader. The international community should adopt a comprehensive approach to deal with all the main causes. It should not concentrate on force as a means to tackle those conflicts. Rather, regional efforts could be employed to eradicate situations of conflict. If the political will existed, especially in developing countries, it could lead to the resolution of conflicts, without intervention by force.

The danger existed that political differences would be influenced by media coverage of those crises, he said. For example, in Somalia, the incidence of hungry children had forced the United States to send assistance during that crisis. However, later, due to horrible images displayed by the media, that support had been withdrawn. The media, particularly CNN, could be regarded as the sixteenth member of the Security Council.

It had become clear that the concept of humanitarian security needed more research and examination, he said. The Assembly was the ultimate forum to assume that task until consensus was reached. Until that was done, Sudan could not implement the concept. Concerning other aspects related to humanitarian questions, especially with regard to conflict and disasters, he said that while his Government appreciated the difficult situation that made it inevitable to meet the humanitarian needs in Europe, that did not justify the declining assistance to African States experiencing similar crises. The actions of the donor community must be based on an equitable basis.

INOCENCIO F. ARIAS (Spain) said it was true that respect for sovereignty was a vital and basic principle in international relations. It was necessary to react to massive and brutal violation of human rights, and that was imperative in the moral, as well as in the legal sense. He pointed out that when those two principles collided, as in the case of the occurrence of a humanitarian catastrophe within a State, humanitarian intervention should be within the framework of international law. The right to interfere must be authorized or supported by the Security Council, he stressed.

However, based on that argument, several questions could be raised, he continued. For example, he wondered what happened when the Security Council found itself paralysed. Or, should the international community in the twenty-first century become resigned to remaining passive when facing a blatant atrocity being committed due to the use of veto by a Council member? He stressed that the General Assembly should have the power to deal with those issues.

* *** *