Chile

It is the tradition of the General Assembly that its President carry out the important duties assigned to him in a forthright spirit of equa-nimity and impartiality. My Government trusts that this valuable tradition, so well respected by his pre¬decessors, will be maintained during the deliberations that are beginning today. 127. I wish to take this opportunity to express our gratitude to Mr. Kittani of Iraq for the dedication and energy with which he discharged his functions during his presidency. 128. This is also an appropriate opportunity to pay a tribute to the Secretary-General, Mr. Javier Perez de Cuellar, for the zealous, devoted and skilful per¬formance of his duties in the brief period of less than a year since he was chosen to shoulder this great responsibility. We must express the deep satisfaction with which we welcomed his election as Secretary- General. This once again highlighted his great personal and professional talents and was a clear demonstration of the confidence which the international community feels in a distinguished representative of Latin America and a worthy son of the Republic of Peru—a factor of particular significance to our region. We offer our warmest wishes for his success and once more reiterate our sincere willingness to co-operate with him in the fulfilment of his important and sensitive responsibilities. 129. Chile comes to the General Assembly with feelings of deep concern about the delicate interna¬tional situation, which is affecting and impairing world peace and the very foundations of the Organization. 130. This recently inaugurated session is taking place while the military occupations of Afghanistan and Kampuchea persist and the war between Iraq and Iran continues. No solution has yet been found for the Namibian situation. Lebanon has been practically destroyed by the war being waged on its territory by foreign nations. The Palestinian people remain without a physical territory in which to grow and develop as a nation. And, finally, the cowardly practice of terrorism, international subversion and foreign intervention to gain political or ideological objectives continues to spread with impunity in Central America and other regions of the world. 131. The armed confrontations and conflicts and the systematic violation of the principles of the Charter and of international law have worsened dangerously, while juridical and political mechanisms remain ineffective, not having the necessary power to impose real and just solutions. 132. Our people note with great disillusionment the inability of world organizations to keep the peace and to create a climate of consensus in order to advance along the road of co-operation and progress. Un¬fortunately, confidence in the international system is waning in a way that could become irreversible, especially in the Organization, which was created to promote harmonious and peaceful coexistence among States. We must face the reality of this situation with vigour, a sense of responsibility and decisiveness and work intensively to achieve the necessary convergence of views, so as to restore the world's faith in the principles and objectives embodied in the Charter. We are facing a situation which demands all our capabilities and efforts since at stake is the very future of mankind, of the international system and of respect for the obligations which all Member States have contracted and to which our respective nations are in honour pledged. 133. We have affirmed in various forums that one of the elements which guide the foreign policy of Chile is its unwavering support for the principle of the peaceful settlement of disputes and its rejection of the threat or use of force in international relations. Today more than ever we reaffirm our political will to abide by the principles of international law. We call upon the conscience of the world for the abandon¬ment of mere declarations and decisive support for the development of legal instruments that will give these principles the quality of mandatory standard for the international conduct of States. 134. These essential norms, explicitly laid down in Article 2, paragraphs 3 and 4, of the Charter, find their practical application in Chapter VI, devoted to the obligations of the parties to a dispute and the powers and attributions of the Security Council. In a similar manner, numerous later instruments prepared within the framework of the Organization have repeated them and expanded their scope. Outstanding among these are: the draft Declaration on Rights and Duties of States, prepared by the International Law Com¬mission in 1949 the Declaration on Principles of International Law con¬cerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, adopted in 1970; the Declaration on the Strengthening of International Security, also adopted in 1970; the Definition of Aggression, adopted in 1974; and, most recently, the draft Manila Declaration on the Peaceful Settlement of International Disputes, finalized by the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization at its meeting in Geneva in March of this year. 135. In the American region the principle of the peaceful settlement of disputes has been very clearly established in three of the most important documents of the regional system: the Inter-American Treaty of Reciprocal Assistance concluded in Rio de Janeiro in 1947; the charter of the Organization of American States of 1948;? and the Pact of Bogota of the same year. 136. The unrestricted application of the principle and its full doctrinal implications have not been sufficiently developed, especially during the past 30 years, despite the fact that it was contemplated in the documents I have mentioned and in many other documents of a bilateral and multilateral nature. At its current session the General Assembly has the important task of adopting the draft Manila Declara¬tion, thereby giving a strong impetus to the vitalization of the system of the peaceful settlement of disputes. 137. Within this context, I should like to stress before the Assembly the special relevance and priority that my Government attaches to the obligation of Mem¬ber States to settle disputes by peaceful means and the obligation to abstain from recourse to the threat or use of force in their international relations. These two obligations constitute the basic pillars of international relations. Repeated and systematic non-observance by some States has led to the creation of the present turbulent international situation—a situation which is diminishing the credibility of the United Nations. 138. Taking into account these and other norms con¬cerning the peaceful settlement of disputes, we believe that these should be put into treaty form so as effectively to facilitate their practical application. As I have already noted, we believe that the surest guarantee of the preservation of peace among nations would be the existence of agreements and instruments making recourse to the settlement of disputes by peaceful means obligatory under international law, in order to eliminate for ever the risk of a conflagration. What better guarantee could there be for our peoples than the protection afforded by the procedure of peaceful settlement, thus sparing them the constant fear of a confrontation, with incalculable conse¬quences? What better way could there be to demon¬strate dedication to and respect for the law as peace- loving Members of the Organization than by being bound by treaties and agreements which establish the means of effectively preserving peace? We feel that the United Nations, as the supreme body entrusted with the preservation of international peace and security in our time, cannot remain aloof from this noble task. 139. Unfortunately, events of recent years have shown that the failure to apply the norms and pro¬cedures for the peaceful settlement of disputes provided for in Chapter VI of the Charter results in the Security Council's being charged with the responsi¬bility of acting once hostilities have broken out, when the solution becomes much more complex because of the loss of human lives and the natural exacerba¬tion of feelings. In other words, there is no effective and rapid fulfilment of the obligations the Member States assume in accordance with Chapter VI or the functions entrusted to the Security Council under Chapter VII. How much more better it would be if the Organization could carry out the preventive and dissuasive role assigned to it by the Charter, reduce the sources of conflict and guide countries towards a peaceful settlement of their disputes. We are particularly pleased that the Secretary- General, in his report on the work of the Organi¬zation, concurs with the observations that Chile has been making throughout this year, particularly in the Security Council and at the second special session of the General Assembly devoted to disarmament. This task cannot be deferred and we believe that the Organization and the regional systems are especially qualified to draw up and agree upon some procedure for preventive vigilance which could lead the parties concerned in a dispute towards the effective applica¬tion of the means of settlement available, or to pursue the development of a procedure to prevent the frustra¬tion of efforts and the creation of an irreversible situation. 140. A discouraging and disquieting world economic situation has been added to the increase in interna¬tional tension. The common and almost unmanageable problem of inflation has been accompanied by a slow rate of growth, unemployment and governmental budget deficits, to which has been added external indebtedness. This last, which fundamentally comple¬ments the financing of the economic growth of almost all developing countries, has made more difficult the solution of urgent problems, owing to the high cost of money. This is particularly serious in the social sector, since there is a daily increase in the millions of human beings who have been left out of the mainstream of the progress which scientific and technological know¬ledge has brought to much of mankind. 141. The search for easy solutions to the problems has resulted in rising budgetary imbalances in many countries, including the industrialized nations with market economies, and the worsening of their dif¬ficulties over the medium term. 142. The legitimate attempt by some developed States to find basic solutions to their internal problems has caused a slump in economic activity. This in turn has resulted in the reduction of the prices of practically all raw materials, severely affecting the developing countries which are the principal exporters of such materials. 143. The international crisis has buffeted the weakest economies with a force hitherto almost unknown, and few countries have escaped its effects. Its mag¬nitude is such that however forceful internal efforts to combat the problem the effects can be only tempo-rarily minimized and in no case has there been com¬plete recovery and progress for such economies. The international economic co-operation which could have mitigated the effects of this crisis has also decreased with the reduction of the resources devoted to that end. 144. In view of this situation, we must stress that the world economic order must be reformed, in a spirit of co-operation and with complete international solidarity. While recognizing that the present world political climate may not be the most propitious for beginning such an exercise, we believe that the cost of maintaining the present situation would exceed that of initiating global negotiations, even in conditions which, in our view, are not the most desirable from the point of view of the developing countries. 145. The international community has a duty to study solutions within the existing institutions in order to facilitate the efforts and possible modifications that should be made by developing countries deeply affected by the international crisis, a phenomenon not foreign to the Latin American region. 146. In the mean time my Government has well- founded hopes that the forthcoming ministerial meeting of GATT will achieveconcrete steps towards liber¬alizing international trade, and putting an end to existing protectionist measures which, we are certain, can only contribute to further aggravation of current difficulties. 147. We trust, likewise, that the economic co¬operation between developing countries formally begun in 1981 at the meeting at Caracas will begin to bear fruit and permit alleviation of the situation in many of our countries. 148. I cannot refrain at this time from referring to certain specific instances which constitute persistent focal points of world tension and which are dete¬riorating despite resolutions adopted by the Security Council and the General Assembly. 149. Unfortunately, we have noted that the efforts of the Organization to find a solution to the problem facing the people of Afghanistan have proved sterile, despite the fact that another year has passed since three fourths of the Member States voted in favour of General Assembly resolution 36/34. 150. We again condemn the flagrant aggression from which the people of Afghanistan are suffering and we reiterate our support for those who are struggling to re-establish that country's complete sovereignty. We add our voice to that of the inter¬national community, as we did in commemorating the day of Afghanistan, and demand the immediate with¬drawal of Soviet occupation forces. We likewise wish to express our sorrow over the situation affecting numerous inhabitants of that land who have had to seek refuge beyond their borders in order to escape foreign oppression. 151. A year has also passed since the adoption of Assembly resolution 36/5, insisting on respect for the territorial integrity, independence and right of self- determination of Kampuchea, together with the with¬drawal of invading forces, and that resolution has likewise been flagrantly disobeyed. 152. Chile, which gave its support to the efforts of the /M Roc Committee of the International Con¬ference on Kampuchea to find a comprehensive political solution of the problem, now expresses its satisfaction with regard to the recent formation of the Government headed by Prince Norodom Sihanouk. 153. The tense and unstable situation now prevailing in the Korean peninsula confirms our conviction that inter-Korean negotiations are the only practical way of resolving through peaceful means and without foreign intervention, a problem that has been dragging on for almost 40 years. 154. The situation in the Middle East continues to represent a threat to international peace and security. During the thirty-fifth and thirty-sixth sessions of the General Assembly, I emphasized that our rejection of the use of force as a means for settling disputes, controversies or conflicts is the principle which, for a country like Chile, has necessarily assumed the highest priority. For this reason we emphasize the need for a realistic solution based on the withdrawal of Israel from all occupied territories, with recognition of the right of all States of the region, including Israel, to live within secure and internationally recog¬nized borders, and the full exercise by the Palestinian people of their inalienable rights, including the right to the establishment of a sovereign State—all this in accordance with the pertinent resolutions of the United Nations, especially Security Council, reso¬lutions 242 (1967) and 338 (1973). 155. The tragic crisis involving Lebanon today has shaken the not always alert sensitivity of the interna¬tional community. We are deeply concerned over the situation affecting that country, with which we are linked by so many ties of friendship and co-operation. The grave problems besetting the Middle East have, unfortunately, resulted in the clashes between the various parties taking place on Lebanese soil and at the expense of its people. We insist on the withdrawal of all foreign forces from Lebanon and demand complete respect for the territorial integrity and political independence of that nation. 156. We cannot but express our grief over the base attack upon the President-elect of Lebanon, Mr. Bashir Gemayel. We condemn also most energetically the inhuman and brutal massacre of the Palestinian refu¬gees in the Sabra and Shatila camps. We view with horror the terrorism which has struck down yet more victims, breeding hate and loss of confidence among a people which was naturally longing for peace and prosperity after long years of misfortune and des¬peration. 157. We trust that these reprehensible crimes will not hinder the pacification process of that noble country, which now faces the challenge of starting its own reconstruction in order to seek the good fortune it deserves. We therefore wish President-elect Amin Gemayel the greatest success in his management of the difficult tasks of government that he has under¬taken. 158. Chile, in its dedication to peace and love of justice, has supported all initiatives designed to bring about a just and lasting solution to the complex and delicate situation in the Middle East. In this context we applaud the peace plans of the President of the United States and those of the Arab nations emanating from the Twelfth Arab Summit Conference at Fez. We call upon the States of this disturbed area to consider the proposals which can contribute effectively to the cause of peace and offer hope for the productive development of all its people, in a climate of under¬standing and good neighbourliness. 159. My country, as a member of the Special Com¬mittee on the Situation with regard to the Implementa¬tion of the Declaration on the Granting of Independence to Colonial Countries and Peoples and of the United Nations Council for Namibia, has participated actively in the process of self-determination and independence that has been developing in recent years. For this reason we note with special attention the negotiations under way to find a peaceful solution that will permit the people of Namibia finally to achieve independence in accordance with its interests. In this regard, my Government firmly supports Security Council resolu¬tions 385 (1976) and 435 (1978). We hope that a solu¬tion will be found to ensure a stable peace in the region and the withdrawal of all foreign forces from the zone. 160. Chile is a country with strong feelings of loyalty to the American continent. It is proud to belong to a young and forceful continent which has given proof throughout its history of its genuine spirit of co¬operation and world solidarity. For this reason, we observe with concern the crisis affecting the inter- American system, the result of feelings of frustration and disenchantment among the American nations themselves resulting from the various conflicts and divisions within the confines of our continent. l63. The Government of Chile reaffirms from this rostrum the urgent need for the nations of the con¬tinent to strengthen their regional coexistence on the basis not only of the continent's legal system, but also of an essential political consensus that will enable us to recover an appropriate position in the international community. 164. This year, Latin America was shaken by the outbreak of the Anglo-Argentine conflict over the Malvinas Islands. The deep impact on the hemisphere of this unfortunate confrontation reflects our natural concern about the problems which trouble the Latin American community, especially the loss of faith in the effectiveness of the mechanisms of the inter-American and world systems. Faithful to its tradition of respect for the norms and principles of international law, my Government, together with 19 other Latin American countries, sponsored a request to include an item on the Malvinas Islands in the agenda of the present session of the General Assembly and we make an urgent appeal for the peaceful settlement of the dispute between Argentina and the United Kingdom under the auspices of the United Nations. 165. Faced with the present uncertain world pan¬orama, it is necessary to continue fighting tirelessly in order to attain the positive goals which will strengthen the Organization. In this respect we attrib¬ute special importance to the development of the new international law of the sea, to the efforts being made on disarmament and on the exploitation of outer space for peaceful purposes. 166. After nine long years of negotiations which established consensus as the method of legislating on international affairs, the Third United Nations Con¬ference on the Law of the Sea has adopted a con¬vention which should be a cause of pride to the world community. The Secretary-General of the United Nations has described it as one of the greatest achievements of the century. The law of the sea Con¬vention, which brings together important institutions and principles, such as classic maritime law, the rules governing the sea-bed and for the peaceful settlement of disputes and other no less significant matters, constitutes the new international law of the sea. These norms are designed to cover the activities of mankind on two thirds of this planet. 167. Special reference should be made to take eco¬nomic zone of 200 miles. This concept, which was originally framed by the Governments of Chile, Ecuador and Peru in 1952, is based on the legitimate right of States to their natural resources for the benefit of their respective populations. Latin America has gradually made this new maritime space its own, to the point of transforming it into one of the pillars of Latin American law of the sea and then into general interna¬tional law. 168. We believe that the significance and scope of the law of the sea Convention make it advisable that all member countries of the international community should participate in it. We must make every effort to achieve this and to avoid looking for alternative schemes lacking legal foundation and validity, and therefore not deserving of international recognition. It is important that the Convention be ready for signature on the date scheduled, that the Preparatory Commission established by the Conference* start functioning and that this decisive instrument enter into force as soon as possible. 169. In June of this year I had the honour of ad¬dressing the Assembly at the twelfth special ses¬sion, the second special session of the General As¬sembly devoted to disarmament [gee 77/Meefwg]. In stating the position of my country on that occasion, I pointed out that Chile, as a peace-loving nation, respectful of the law, condemned the use of force in any of its manifestations. Those principles, I added, constituted the basis of our foreign policy and deter¬mined our conduct in the difficult Held of interna¬tional relations. For that reason, we are concerned over the arms race in which today certain nations are involved, which is increasing tension and the threat of destruction hovering over mankind. Disarmament is closely tied to development and for that reason it will be most difficult for nations to find the path to progress if they have not first established effective and lasting peace. That is why we have supported demilitarization by regions, under the control of the United Nations, supporting valuable proposals, such as that made by the Japanese Government, which seek to neutralize the conventional and nuclear arms races. Chile, moreover, favours the strengthening of IAEA so that, through universal acceptance of its monitoring of nuclear facilities and the comprehensive use of its technical assistance capabilities, nuclear energy can be directed towards those objectives which seek to expand development and consolidate world peace. 170. Among the challenges to the improved develop¬ment of nations is the exploitation and utilization of outer space for peaceful purposes. Its condition as the common heritage of mankind must be safeguarded so that its exploration and exploitation can be conducted for the benefit of all peoples. We believe also that in order to preserve that condition it would be highly useful to have a world authority to administer the resources that may derive from exploitation, ade¬quately channelling applications of technology and indirectly preventing the militarization of outer space. 171. At the regional level, Chile has supported the establishment of a Latin American space agency which could serve to obtain the greatest advantages of the uses of space and improve expectations of well-being. We are happy to see that this initiative was favourably received by the Second United Nations Conference on the Exploration and Peaceful Uses of Outer Space. 172. Within this context of promising perspectives I believe it would be appropriate to comment on the interesting developments taking place in the area of the Pacific basin. Various indicators have shown that we are in the presence of a process of growing economic interdependence between the coastal nations of that Ocean, where transportation and communica¬tions, trade, investments and the general flow of goods, services and people have been growing more than in any other area of the world during the past decade. As a result of these positive developments, various initiatives, especially from the academic and private business sectors, have been moving forward around a structure of regional integration and co-operation plans. Although this involves a vast basin, with many dissimilar racial, linguistic, religious, political and development factors, they frequently complement each ether and provide incentives, together with the phenomenon of interdependence I have already described, for establishing a course towards a future economic community in the Pacific. 173. Chile, a maritime country which attaches great importance to its diplomatic, economic and cultural activities in the Pacific region, decisively supports such initiatives. My Government therefore upholds the concept of a continuing interchange of ideas and consultative mechanisms for a common Pan-Pacific dialogue and, more particularly, the South-South co¬operation, which is feasible among Latin America, the islands of the South Pacific and the members of the Association of South-East Asian Nations. 174. The Chilean Government, faithful to its un¬wavering tradition of resolving disputes through peaceful means under international law, and its con¬sistent respect for treaties and international instru-ments, is continuing its attempt to settle its existing differences with the Republic of Argentina in our southern waters. We reiterate our faith in and full support for the noble mission undertaken by His Holiness Pope John Paul II in his capacity as mediator. His providential intercession permitted the staving off of a dangerous crisis between our two nations at the end of 1978. The happy initiative of this distinguished mediator has already yielded valuable results which allow us to hope for the final and complete success of his efforts. We are certain that the final agreement to be achieved will contribute to the greater strengthening of the deep historical ties which have joined the two republics together since the dawn of their independence. 175. It is my very pleasant duty to reiterate to the Assembly the gratitude of the people and Government of Chile to a man who, as Vicar of Christ on earth, is engaged in such a noble undertaking in a world convulsed by violence. 176. As I stated at the beginning of my inter¬vention, the Chilean Government brings to the General Assembly a deep concern about the sensitive situation facing the world today. We agree with the Secretary- General when he states in his report that "We are perilously near to a new international anarchy... one symptom of which is the crisis in the multilateral approach in international affairs and the concomitant erosion of the authority and status of world and regional intergovernmental institutions". In order to avoid such anarchy, my country considers it essential to deal firmly with the situations which today constitute the principal sources of interna-tional tension, employing the means available to the Organization to ensure that States conform to the principles set forth in the Charter, in particular refraining from the threat or use of force, the peaceful settlement of disputes and international co-operation in every area. An act of collective creativity is required which, with imagination and realism, will enable us to find agreed legal formulas to banish the apocalyptic phantom of war and to prepare for a future of world coexistence. To do so, we must not allow the Organ¬ization to become merely a body to which States bring their differences and problems. We must arrive at a sufficient consensus to enable us to avoid the outbreak of armed clashes, because once such a clash begins, it is almost impossible to stop it. To achieve that aim, we reaffirm the need to change the pro¬cedures for the peaceful settlements of disputes, and give them the necessary mandatory character. 177. In the course of this statement, I have stated the fundamental principles upon which our foreign policy is based, namely, respect for the individual and for the law. Our Government, maintaining a clear and consistent position, is applying those same prin¬ciples to its domestic life. With the broad support of its citizens, it is carrying out a process of institu¬tionalization designed to modernize the country in every sphere and to give its people greater oppor¬tunities for spiritual and material development. 178. Chile is prepared to continue along the road of peace and respect for the law, a tradition which is deeply rooted in its national character.