128. Mr. President, permit me to congratulate you on your election to the high office of President of the General Assembly. My delegation is convinced that, under your leadership, the twenty-first session will make a significant contribution towards the reduction of international tension and the strengthening of friendly relations among States. I should also like to take this opportunity to pay my tribute to the Foreign Minister of Italy, His Excellency Mr. Amintore Fanfani, for the great skill and statesmanship with which he guided the work of the twentieth session.
129. I should now like to turn to the various issues which the present session will be discussing. On behalf of the Government of the Republic of Kenya, I shall examine African issues and some international questions about which my Government feels strongly. I shall begin with the African issues.
130. Southern Africa today is the most critical area on our continent. The problem of Southern Africa is threefold: (a) colonialism in Rhodesia and the Portuguese Territories of Angola and Mozambique; (b) the Mandate over South West Africa; and (c) apartheid in South Africa.
131. The Court decision on South West Africa was an attempt to avoid the substantive matter. We all know the manoeuvres which led the President of the International Court of Justice, Sir Percy Spender, to act in the way he did by casting his vote against the plaintiffs. It is interesting to examine some of the methods which were employed in order to disqualify some of the Judges that should have taken part in making a decision on this case. United Nations legal experts could usefully undertake this exercise to ascertain whether the Judgment of the International Court makes it now necessary for the United Nations General Assembly to ask the Court to give an opinion on the actual merits of the case.
132. Apart from the necessity of a legal opinion, action is simultaneously required to seek the approval of the General Assembly to revoke the Mandate. This is why Kenya, in collaboration with Afro-Asian and other friendly countries, has co-sponsored a resolution to this effect. Once this is done, Kenya would like to see effective machinery established by the United Nations which will guide that territory to independence.
133. Before leaving this question of South West Africa, my delegation would like to draw the attention of the General Assembly to the composition of both the International Law Commission and the International Court of Justice. Kenya supports the enlargement of these two bodies to reflect geographical representation. But much more important than this enlargement, Kenya would like to emphasize that when the time comes for the General Assembly to elect the new Judges, efforts should be made to ensure that men of the utmost integrity are chosen. We must try to avoid electing to the International Court of Justice Judges whose decisions will be influenced by policies of their national Governments or ideological considerations. We are surprised to find that the Government of Australia is determined to put up another candidate for election to the International Court of Justice.
134. The next question which faces the General Assembly is that of Rhodesia. It is nearly a year since Smith and his followers rebelled against Her Majesty's Government. The General Assembly has had occasion to discuss the Rhodesia question. At the time when the Smith regime seized independence illegally Kenya and other African States advocated a certain course of action. We wanted to see full economic and mandatory sanctions applied. If these failed, we said that force should be used to bring down that illegal regime. But Britain refused to co-operate. Today, this unilateral declaration of independence is still with us. This is why it is important that a proper solution should be found to this question if the problem of race relations in Africa is going to be solved.
135. Recently, Mr. Harold Wilson, the British Prime Minister, said:
"Constitutionally and legally, the problem we face is a problem of a colony in revolt."
The British Government has, in the past, faced many revolts and has not failed in almost every instance to use force. One instance of this was the War of Independence when the American colonies revolted against Britain. The British Commonwealth countries and the Organization of African Unity have exerted enormous pressures on the British Government to find a solution to the revolt in Rhodesia.
136. The Commonwealth Prime Ministers Conference in London ended, on 14 September 1966, with the following decision on Rhodesia:
"(a) After the illegal regime is ended a legal government will be appointed by the Governor and will constitute a broadly based representative administration. During this interim period the armed forces and police will be responsible to the Governor. Those individuals who are detained or restricted on political grounds will be released and normal political activities will be permitted provided
that they are conducted peacefully and democratically without intimidation from any quarter;
"(b) The British Government will negotiate, with this interim administration, a constitutional settlement directed to achieving the objective of majority rule, on the basis of the six principles;
"(c) This constitutional settlement will be submitted for acceptance to the people of Rhodesia as a whole by appropriate democratic means;
"(d) The British Parliament and Government must be satisfied that this test of opinion is fair and free and would be acceptable to the general world community;
"(e) The British Government will not consent to independence before majority rule unless the people of Rhodesia as a whole are shown to be in favour of it."
Further:
"The British Government have also agreed at the London Commonwealth Prime Ministers Conference to seek further support from the Security Council for the application of selective mandatory sanctions."
137. The only hope now is that in the event that Smith's regime rejects the British proposals, pressure through all forms of mandatory sanctions should be exerted to bring down the illegal regime. Limited economic sanctions are unlikely to succeed unless the British Government is prepared to face the full consequences, even to the extent of the disruption of its trade with South Africa, which Is said to amount to £1250 million annually.
138. The blame for the Rhodesian crisis lies fairly and squarely on the British Government. For the time being the British Government has succeeded in gaining time. But sooner or later that Government must come to a choice between betraying the Africans or adopting stronger measures to topple the Smith regime. Mr. Wilson's failure to use mandatory sanctions, and even force, when the Smith regime carried out the unilateral declaration of independence, restricted his freedom for manoeuvres. The Smith regime, with the assistance of South African and Portuguese Governments, is determined to consolidate its illegal control.
139. Independent African States cannot tolerate this situation. These African States have expressed their views on Rhodesia in the United Nations and through the Organization of African Unity. The African States are not prepared to see the continuance of this form of independence in Rhodesia and, therefore, the extension of white domination in Southern Africa. The situation that obtains in South Africa today is an anachronism in the eyes of the world. And we will not allow the extension of a similar system of oppression and suppression to the African people of Rhodesia.
140. We are told by apologists for the Smith regime that the problem in Rhodesia Is made more difficult because of the presence of two communities — African and European. But the fact that we have a mixed community in Rhodesia should not be an excuse for refusing to take decisive action. I speak as a representative of a country that has a mixed population — African, European, Asian, and Arab. In Kenya the European was led to believe, as his Rhodesian counterpart does today, that he would rule Kenya for ever. This led to a terrible conflict resulting in a war that lasted seven years. But, because of a change in policy by the British Government at that time, the decision was made that Kenya should be free and ruled by the majority of its people. Once this decision was made, the diehard Europeans, who were not prepared to live under a democratic rule, decided to leave the country. This paved the way for a harmonious multi-racial community. Independence was therefore granted to my country under majority rule, And this is what we want for Rhodesia.
141. Today, in Kenya, we have respect and cooperation among the various communities. The British Government must therefore convince the 4 million Africans in Rhodesia that the United Kingdom sincerely believes in and will implement a policy which will give the people of Rhodesia as a whole the right to govern themselves democratically.
142. The problem of race relations in Southern Africa will never be solved until apartheid in South Africa and Portuguese colonialism in Angola and Mozambique have been brought to an end. Today it is the white racialists in South Africa and the Portuguese colonialists who maintain the Smith regime in Rhodesia. We have reached a time in human history when Africa must ask those Powers in the Western world which support and sustain the regimes in South Africa and Portugal by apology and rationalization to declare unequivocally whether these Western Powers are on the side of democracy and human decency, or whether they will remain supporters of the oppressors of the African people, Kenya will continue to work with other independent African States until colonialism and racialism are removed from the face of Africa.
143. The international situation has not changed for the better during the past year, In some ways the situation has become worse. The Viet-Nam war is now being fought with renewed fury. Kenya believes that this war could lead to a third world war, which would be fought with some of the most devastating weapons known to mankind. My delegation feels that the General Assembly cannot, and should not, remain passive when world peace is being threatened. This is why my delegation would like to see the General Assembly make an appeal to, or even call on, all combatants to stop fighting and negotiate a peaceful settlement on the basis of the Geneva Accords of 1954 and 1962.
144. This is no time for apportioning blame while thousands of Viet-Namese are being killed. My delegation would like to see the American offer to stop bombing North Viet-Nam and withdraw all foreign troops under international supervision taken up and considered seriously. We believe that there is no military solution to this problem in sight. Since the war has turned into an ideological battle, the alternative to negotiations can be only more suffering.
145. The big Powers, when engaging in ideological conflict, do not seem to have time for the sufferings of many innocent people who become the victims of such a conflict. I should like to appeal to all Viet-
Namese leaders to think of their country first. Secondly, I wish to appeal to the Powers directly' involved in this conflict to think of the human sufferings which their actions, direct or indirect, are inflicting on the Viet-Namese. I appeal to them to scale down their war activities so that peace may return to that unhappy country. Thirdly, let me appeal to the General Assembly as a whole to speak out In clear terms as to where this body stands on the Viet- Nam question. It is the belief of my delegation that all representatives who speak during the General Assembly session could influence the events in Viet-Nam for the better.
146. Disarmament and non-proliferation of nuclear weapons have been the subject of discussion in this Assembly and by the Eighteen-nation Disarmament Committee for some time. The attitude of my Government is that all the five nuclear Powers — Britain, the People's Republic of China, France, the United States and the Union of Soviet Socialist Republics — should take part in the negotiations. Secondly, we are opposed to the spread of nuclear weapons beyond the five countries which already possess them. Thirdly, we would like all non-nuclear States to be protected against nuclear blackmail by a treaty accepted by all the five nuclear Powers.
147. My delegation would like to record its disappointment at seeing that the Eighteen-nation Disarmament Committee has not made much progress from the time it was asked by the twentieth session of the General Assembly to resume its work of negotiation. We should like to see that Committee do more and produce more significant results before the next session. The future of mankind hinges on an agreement which will allow all States, big and small, to live in peace without fear of nuclear attack.
148. A problem which I hope this Assembly will take note of is the large-scale dumping of arms by the big nations, which is causing anxiety in many small countries. That attitude among the big nations in some cases stems from the belief that force can and will inevitably succeed. That totally disregards the moral principles of right and wrong. Some small countries seem to regard guns more essential than butter. History has recorded the failure of such a theory.
149. Kenya fully subscribes to the principles of international law concerning friendly relations and co-operation among States. It does not need any crystal-gazing to realize that no peace can be secured without respect for the principle that States shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State. It is equally imperative that States should resolve all their disputes by peaceful means. Cases where there is unsolicited and unwarranted intervention in the domestic affairs of another State generate friction and ill-feeling which eventually assume the sinister form of being a threat to world peace. Unless States co-operate with one another at all levels in this world of interdependence, and unless good faith is demonstrated in inter-State dealings and transactions, the objectives of the United Nations Charter can never be achieved. Furthermore, it is futile to believe that peace, justice and friendly relations can be promoted when millions are still under racist minority servitude. We cannot reverse the tide of history by perpetuating the existence of colonialism and neo-colonialism.
150. It is true that the legal content and scope of some of these principles is controversial and lacks universality. It is, therefore, not surprising that the Government of Kenya enthusiastically welcomed the establishment by the General Assembly [resolution 1966 (XVIII)] of the Special Committee on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations. Although the Committee in its sessions in Mexico and New York covered a lot of ground on the legal content and scope of those principles, consensus of a partial nature was reached only in relation to the principles of sovereign equality of States and of peaceful settlement of disputes. The Government of Kenya hopes that further progress, which is bound to be slow and gradual if past experience is. considered, will be reached at future sessions of the Committee if the General Assembly decides to renew its mandate.
151. I should like now to make a few observations on economic matters. We have reached the midpoint of the United Nations Development Decade. It is therefore timely to assess what progress has so far been made.
152. Before doing so, let me state my Government's views on the question of development in developing countries and economic aid from the developed countries. Kenya would like to see a greater part of development undertaken by developing countries themselves. We in the developing world must learn to make some self-sacrifice. Whatever the amount of economic aid we might receive from the developed countries will make no difference, for unless this aid is put to proper use there will be very little development. Our task should therefore be to do as much as we can for ourselves and then ask for aid and trade. I would go further and suggest that the trade between developing countries should be further expanded to maximize self-help on our part.
153. We in Kenya would like to see the developed countries help in two important ways. Since most of the developing countries are primary producers, it is important that the prices for our goods should be stabilized. This can be done through an international agreement. Secondly, we should like as much as possible to receive aid from any country provided such economic aid is free from political strings. One way of removing the political strings would be to channel as much aid as possible through the international multilateral agencies.
154. Having said this let me revert to the question of the Development Decade. The General Assembly in 1961 launched the Development Decade and two basic goals were set:
(a) The achievement of a growth rate of at least 5 per cent a year in the national income of developing countries by 1970; and
(b) An annual transfer of development capital and assistance to developing countries equivalent to 1 per cent of the gross national product of the developed countries.
155. Those were lofty and notable declarations of intent. Let us look at the performance so far. According to the experts, the rate of growth in developing countries is lagging behind the target and the aid received from the developed countries is far from 1 per cent of their gross national product. That means that both the developing countries must redouble their efforts and the developed countries should have a look at their aid programmes again. Talking about aid programmes, I wish particularly to pay tribute to the Governments of Canada and the Scandinavian countries, which| are evolving aid programmes that are bound to prove beneficial both economically and politically to the developing countries.
156. My delegation feels that a large measure of responsibility for the failure to achieve the goals of the Development Decade can be placed on the developed countries. Experts, again, say that affluent countries have been getting more affluent. During the past four years, for example, the combined output of goods and services of the developed countries has increased by 32 per cent, whereas, during the same period, the economic aid from those same countries to the developing countries has remained static.
157. The United Nations Development Programme Administrator repeats the same story of lack of capital for development. He has estimated that in 1965 there was an effective net flow of $6,000 million of capital and assistance from the industrialized to low-income nations. Although that figure might look impressive, the International Bank for Reconstruction and Development has pointed out that the developing countries could have usefully absorbed another $3,000 million or $4,000 million. There is still a big gap.
158. It is the view of my delegation that the various United Nations agencies should receive support from all nations. They are best suited to help the developing nations because of their international character. The creation of the United Nations Development Programme during the last General Assembly session was a step in the right direction. It has already demonstrated that it is out to help. The Committee on Shipping, an offspring of the first United Nations Conference on Trade and Development, has also undertaken vital studies on freight rates which will have important consequences. And this session of the General Assembly is due to take an important final step in launching the United Nations Organization for Industrial Development. This is international co-operation which we should like to see take shape. It is because of the belief that the United Nations agencies are bound to lead to constructive development and international co-operation that my country has offered to house the headquarters of the United Nations Organization for Industrial Development in the capital city of Nairobi.
159. Before concluding my speech, I should like to refer to three other matters.
160. First, I wish to welcome on behalf of my delegation the new State of Guyana. Kenya is always delighted when the area of freedom and national independence is extended. We therefore salute the new State. We also look forward to welcoming the States of Barbados, Botswana and Lesotho when they attain their independence this year, It is the hope and desire of the Government and people of Kenya that, by the end of this decade, all forms of colonialism will have been defeated everywhere. Let the General Assembly redouble its efforts.
161. Secondly, I wish to state that Kenya will support the candidature of U Thant, should he reconsider his decision. We in Kenya understand his feelings and assessment of the international situation. We believe that he should be allowed to make up his mind. And once he has done so the General Assembly will be able to elect a Secretary-General for the coming period.
162. And finally, I wish to reiterate the position of my Government and one of the questions appearing on the agenda — that is, the restoration of the lawful rights of the People's Republic of China. Kenya will support the admission of that country inhabited by 750 million people. It is the view of my country that all independent States, regardless of their social systems, should be Members of the United Nations. It is only after we have achieved this universality of membership that we shall become a truly United Nations.