Poland

I extend congratulations to His Excellency Ambassador Samuel Insanally of Guyana on his election to the presidency of this session of the General Assembly. May I also thank His Excellency Mr. Stoyan Ganev of Bulgaria for his contribution to the success of the previous session. In addition, I should like to stress the deep appreciation of the Polish Government for the work and accomplishments of the Secretary-General of the United Nations over the past year. Let me first speak about some of the timely goals and tasks of our Organization. I should like to start by discussing the role of the United Nations in organizing peace after the cold war. In the post-cold-war era, the United Nations is facing growing expectations and responsibilities. That trend will continue over the coming years. In an increasingly interdependent world the United Nations, despite its shortcomings and limitations, offers the best avenue for addressing those global problems that are still unresolved and for meeting new challenges as well. The Organization faces the task of creating a better, more democratic and just world. In fact, we badly need a vision of such a world. More often than not, we have to ask ourselves these questions: Are we rising to the occasion? How should we resolve the present crisis of leadership, both within individual States and on the international level? The United Nations provides an appropriate platform for shaping the vision I am talking about. To begin with, it should be based on the assessment of geopolitical and geoeconomic conditions, in particular on the assumption that the world has become pluralistic, whatever the size and weight of States in international affairs. It should also reflect an increased awareness of the need for a multilateral approach to solving problems. Four years have elapsed since the end of the cold war. We must not merely adjust to the new situation, but mould it, in order to arrive at a comprehensive solution. The present crisis has many facets. Today, its primary source is unresolved economic and social issues, as well as such political problems as territorial disputes and ethnic tensions. But we have to remember that the process of finding answers to these issues will unavoidably lead in the future Forty-eighth session - 28 September l993 37 to a new alignment of power among States and, as a result, we shall then face the prospect of recourse to force. That question has been partly addressed by the Secretary-General in his "Agenda for Peace." The matter has very broad ramifications, and we still have not elaborated a grand strategy of democratic transformation. I think that the United Nations should start exploring, in a more systemic manner, its role in the world as it is now and as it will be beyond the year 2000. One of the preparatory steps might be the preparation of a report on the United Nations as a leader of global change and the promoter of a new world order after the cold war. Such an assignment could be entrusted to most-knowledgeable individuals, research institutes, transnational corporations and others. The report would serve as a basis for spelling out the future responsibilities of the United Nations and the Member States. We need a thorough re-examination of the priorities of the United Nations and, consequently, of the whole United Nations system. The main purpose of reform would be to adapt the United Nations to the requirements of peace after the cold war. Reform should take into account ongoing changes in Member States. This applies, in particular, to countries in transition, not only in Central and Eastern Europe but also in various parts of other continents. Let me take this opportunity to add that Poland is firmly and irreversibly committed to the political and economic transformation it started in 1989, and that its foreign policy has stable priorities. The fate of the countries in the process of transformation is not their problem alone. Their success or failure is unavoidably going to exert a strong impact on other States. The international community should not fail to back up the transformation process and to assist the new democracies in their continuing efforts to achieve reform, economic recovery, social progress and full participation in international exchanges. Such an approach would assist them in their swifter integration into the world economic system. The military factor of security retains its significance, although it differs from that of the cold-war era. The United Nations has developed a disarmament agenda. The signing of the chemical weapons Convention by almost 150 States shows how the new political climate facilitates long-awaited agreements and brings us closer to a world free of weapons of mass destruction. We hope that there will be similar positive developments in nuclear disarmament. The initiation of negotiations on a comprehensive ban on nuclear testing constitutes a big step in that direction. The United Nations should also deal with the threat posed by the possible spread of nuclear-weapon capabilities and the proliferation of other weapons of mass destruction. Poland attaches great importance to thorough and constructive preparations for the 1995 Review Conference of the Parties to the Non-Proliferation Treaty. I should now like to turn to the subject of human rights. There are a number of reasons why, after the Vienna Conference, the Organization should devote much of its attention to human rights. In doing so, I believe, it should reflect on these words used by Secretary-General Boutros Boutros-Ghali in addressing the high-level segment of the Economic and Social Council: "The United Nations is, by its very essence, universal, global and inclusive. It is made up of sovereign States, yet crucially concerned with the well-being of individuals. Its concern with individuals, with their societies and with world society is not, as some would claim, inherently contradictory." There are differences of opinion on the scope of human rights, on State responsibilities in regard to their observance and on the role of the international community in monitoring them. The United Nations organs must expand their negotiating and mediatory capacities and show much skill in overcoming these divergences. The essential criteria are morality, the inherent dignity of the human person and the rule of law. Human rights must express the common values of the international community. Their implementation is becoming one of the preconditions of worldwide stability and security. Fundamental human rights are universal; their substance is absolute and unrelated to circumstances. But saying this does not mean that we are closing our eyes to the existence of many different cultures and traditions in the historical development of the various regions of the world. This should be duly taken into account; however, it cannot justify any violations of human rights or non-execution of the relevant instruments. There is no room for treating criticism of such unlawful policies and lawful attempts to redress them as an infringement of the sovereignty of States. In promoting, developing and effectively defending human rights, the United Nations should make these activities part of its cooperation with States. International peace and security, sustainable development and human rights are the three closely related areas on which the United Nations should concentrate. "An Agenda for Peace", Agenda 21 and the forthcoming agenda 38 General Assembly - Forty-eighth session for development should, in my view, be complemented by an agenda for human rights. With the results of the Vienna Conference kept in mind, the Agenda for Human Rights would constitute a plan of action for setting standards and implementing rights and preventing violations. Individuals need better and easier access to international protection of their rights and freedoms. The Organization should revise the grievance procedures and make them more universal. While assuming that the Second and Third Committees will merge into one Economic and Social Committee, Poland would suggest the establishment of a Human Rights and Humanitarian Affairs Committee as one of the main Committees of the General Assembly. We recommend expanding the responsibilities, competence and rank of the Commission on Human Rights. We also support, as a matter of urgency, the proposal to create an office of the High Commissioner for Human Rights. Further, we should explore means of promoting human rights on a regional level. A small bureau, which might be located in Warsaw, could be entrusted with monitoring human rights observance in Eastern Europe. This is a sensitive region. Such a bureau would be part of the Geneva office. I have suggested Warsaw because bodies of the Conference on Security and Cooperation in Europe and the Council of Europe already operate there, a fact that could facilitate cooperation between the United Nations and the European institutions in that field. The region provides much insight into how democracy and human rights are being implemented in States that are undergoing democratic transformation. One aspect of human rights has become very critical of late. I am referring to the increasing violations of humanitarian law in armed conflicts, whether international or domestic. As the President of the International Committee of the Red Cross emphasized during the recent International Conference on the Protection of Victims of War, held in Geneva, the practice has undergone a change for the worse. With even greater frequency, civilian populations are becoming the hostages and primary targets of fighting warlords. Each and every day the mass media bring us scenes of the atrocities of war. We in the United Nations must not be indifferent to these facts. Poland joins the call for urgent action to revive the observance of humanitarian law and to uphold the authority of the Geneva Conventions as well as their additional Protocols. The Polish Government strongly endorses the Declaration adopted by the Conference on the protection of war victims. In our view, the international community should pay particular attention to the observance of human rights and humanitarian standards in internal strife. War crimes should not go unpunished. The third task to which I wish to draw the attention of the General Assembly is development. The growing gap between rich and poor nations is a significant source of tensions and conflicts. Even Europe has not been spared, threatened as it is by the emergence of a new "curtain", this one economic. I am confident that the agenda for development under preparation will comprehensively deal with the various aspects of this potential danger. We need a new development paradigm that is people-oriented: human rights have their economic dimension. Economic and social difficulties have a decisive impact on international security and global stability, and often lead to human rights violations. The main thing is to create a spirit of partnership and solidarity. We expect the World Summit for Social Development, to be held in Copenhagen in 1995, to specify the necessary tasks in social development and thereby reinforce sustainable economic development. I shall now discuss some procedures and methods which are particularly topical in view of the goals and tasks I have enumerated. I will speak first of the settlement and management of disputes. The new world situation calls for renewed and growing attention to international law, its implementation and application. Poland welcomes the enlargement, limited though it still is, of the compulsory jurisdiction of the International Court of Justice. It would also be highly desirable if further withdrawals of reservations to the jurisdictional clauses of treaties followed. Poland supports the Secretary-General’s call upon all Member States to accept the compulsory jurisdiction of the Court before the end of the United Nations Decade of International Law in the year 2000. By means of its advisory jurisdiction, the Court might deal with such questions as the legal components of political decisions, the review of administrative action or the relationship between some of the main organs of the United Nations. The peaceful settlement of disputes requires a new approach. Traditional means, as listed in Article 33 of the Charter might, depending on the merits of each case, be combined with peace-keeping, peace-building or even enforcement measures. We must distinguish between various phases or component parts of the same conflict where each phase will require a different approach or a different procedure. And let us not forget that there are a growing number of conflicts which cannot simply be "settled", at any rate in the foreseeable future. They should, Forty-eighth session - 28 September l993 39 rather, be "managed". All this opens up new vistas for the skilful use of various United Nations mechanisms. Now I wish to say a few words about peace-keeping. It is a subject that is high on the United Nations agenda. The success and therefore the image of the United Nations are at stake here. The "Agenda for Peace" has set out a conceptual framework. Preventive diplomacy, peace-keeping, peacemaking and, in particular, enforcement require sound guidelines, procedures and detailed planning in operational terms. Though a great deal of work has already been accomplished, much more remains to be done. The problems with the clarity of the mandate of the peace-keeping operations, their time frame, management and frugality also require the special attention of the United Nations. Bearing in mind the alarming number of casualties among both military and civilian peace-keepers, Poland fully supports the idea of the expeditious elaboration of a universally binding legal instrument, possibly in the form of a convention on the safety and security of the personnel of peace-keeping operations. The United Nations should not undertake new operations without clearly identified objectives. What is involved is trust in the Organization and its prospective contribution to the security of all of us. Regional conflicts figure prominently on the United Nations agenda. In specific cases regional institutions could be helpful, as not all regions have such ready mechanisms for dealing with conflict situations. However, they could strive to establish them. The Security Council, also, could play a role in appropriate instances. The importance of the regional effort is particularly relevant to Africa, which is facing many specific difficulties and problems. We should devote more attention to that continent. Poland supports the initiatives and programmes that aim at the peaceful settlement of conflicts and at the creation or strengthening of democratic institutions in Africa. In view of the fundamental constitutional reforms now under way in the Republic of South Africa, Poland favours the lifting of sanctions and other restrictions imposed on that country. Recent developments in the Middle East have shown a genuine will to arrive at a compromise and achieve a peaceful settlement. Poland shares the view that it would be appropriate for the General Assembly to endorse the peace process and call for regional cooperation in the Middle East. At the same time, the Assembly should refrain from repeating such resolutions as could harm this delicate process. We believe that the present scale of the conflict in Bosnia and Herzegovina could have been avoided had the international community, especially Europe, reacted when there was still time. Obviously, I am aware of the fact that in a conflict whose components are both internal and international, the influence of non-parties is rather limited, and the solution must finally come from within. Poland rejects the policy of appeasement and imposed territorial settlements. Finally, there is the issue of sanctions. I should like to draw your attention to the implementation of Article 50 of the Charter. I think that Member States which suffer heavy economic losses as a result of applying sanctions should be entitled to something more than mere consultations and a general - hence ineffective - appeal to the international community to take account of their burden. As sanctions have now become more frequent, the resulting problem of economic losses by third countries cannot be ignored, as, in fact, it now is. A satisfactory mechanism should be worked out as a matter of urgency to resolve this issue. In conclusion, the United Nations, like the world around it, is experiencing a dynamic period of transition influenced by fundamental reassessments and re-evaluations of the potential for peace, development and cooperation among nations. The Organization is gearing itself to contribute its share towards forging a better future for the world and improving the human condition. It has every opportunity to establish a comprehensive agenda within the trinity of peace and security, sustainable human development, and democracy and human rights. It can thereby fulfil the Charter promise "to be a centre for harmonizing the actions of nations in the attainment of these common ends".