The delegation of Guatemala attends the General Assembly once again, inspired by a profound faith in the principles and purposes of the United Nations, and by those same ideals and desire for co-operation which it entertained at the San Francisco Conference and at the previous sessions of the General Assembly.
126. The Government and the people of Guatemala are solid in their support of the United Nations, convinced as they are of its will and ability to maintain peace and security in the world, to prevent the triumph of arbitrary force and aggression in any part of the world and to guarantee human rights and fundamental human freedoms in all latitudes and at all times. They are also firm in their conviction that only the will of the nations, co-ordinated under the auspices of the United Nations, will be able to free humanity from the scourge of war.
127. The Government and the people of Guatemala also have faith in the success of the United Nations in its attempt to raise the standard of human life in all spheres by co-ordinating the efforts of all nations. This is a most difficult task, upon which my Government is already engaged.
128. It has often come to pass that when a Government, interpreting the latent desire of its people for a betterment in the standard of living, calls upon capital and obliges it to contribute its share, the owners of capital feel that they have been wronged and direct all their economic power against the government which has dared to allow human misery to occupy its thoughts. It is then that the truth is deformed and the sensational newspapers overflow with falsehoods. Human misery and the distress of the peoples are fertile soil for the growth of extremist doctrines.
129. Fortified by these reasons and these convictions, the Republic of Guatemala has lent and will continue to lend its entire co-operation to the United Nations in its efforts to promote peace and security and the welfare of the human race.
130. I do not wish to tax the patience of this Assembly. But a moment ago a friend told me that the success of a speech lies in its brevity, that one must start loudly and end quietly, so as not to awaken those who have fallen asleep. I shall not take up the Assembly’s time by reviewing the items on our agenda. Nevertheless it is my intention to state my Government’s position clearly on some of the items which it considers of greater importance than others and at the same time make one or two observations with regard to those matters.
131. Korea: with regard to the aggression against the Republic of Korea — a State set up and organized with the aid of the United Nations — Guatemala fully supports the timely and vigorous resolutions of the Security Council and asserts its firm intention to co-operate fully and resolutely in giving effect to these resolutions and in the efforts of the United Nations to re-establish peace in Korea, even as the Guatemalan Government stated in its immediate reply to the communication from the Secretary-General informing it of the Council’s decisions.
132. The Republic of Guatemala does not concur with the view held in certain quarters that the Security Council’s action is illegal. Relying on the Charter and on the rules of procedure of the Security Council, we are firmly convinced that such decisions are legal since the anti-democratic privilege of the veto cannot be allowed to paralyse the work of the United Nations simply because one of the permanent members of the Council voluntarily absents itself from the meetings.
133. It has been clearly established that this privilege can paralyse the action of the Security Council only if one of the members entitled to exercise this right does so expressly by attending and casting a negative vote.
134. It has also been said that these resolutions are illegal because the accredited representatives of the Chinese Nationalist Government who took part in the vote do not represent China, which is one of the permanent members of the Security Council.
135. Without going into the question of which delegation has a better right to represent China in the organs of the United Nations, Guatemala considers that the Council itself settled the question of China’s representation by a vote which was entirely in accordance with its rules of procedure.
136. In view of these two facts, we reaffirm our conviction that the decisions taken by the Security Council at the extremely important meetings of last June and July are fully legal and binding. We rejoice in the fact that by taking these decisions the Security Council saved not merely the prestige but the very existence of the United Nations, for the June crisis put to a severe test the United Nations’ ability to oppose armed aggression. We rejoice further that the United Nations is mastering this difficult situation with such ease; and as a token of admiration I ask the Assembly to applaud the soldiers of the United Nations who are bravely fighting in Korea.
137. I also beg the Assembly to rise and to observe a minute of silence for those who have fallen in Korea in defence of the principles of the United Nations.
138. Human rights: the Guatemalan delegation will continue to give its support to the United Nations in any action likely to ensure effective protection of human rights and fundamental freedoms, without distinction as to sex, race or colour, and to prevent violation thereof in any part of the world. The work of the United Nations in this most important field will be, beyond any doubt, its crowning glory.
139. Eritrea: Guatemala was a member of the United Nations Commission for Eritrea. Its delegation gave the closest consideration to this delicate matter in a completely objective and impartial spirit and, after taking the many complicated aspects into account, submitted its proposal for the independence of the territory following an agreed period of United Nations trusteeship, a proposal which was supported by the delegation of Pakistan. This proposal involves a question of principle, and does not infringe in any way rights or interests of any kind. It is also in conformity with the wishes of a considerable section of the territory’s population and is in the best interests of the population as a whole. Thus, it is based on the soundest and firmest principles of the San Francisco Charter, providing as it does for the establishment in that part of Africa of a new democratic, sovereign and self-governing State. The delegation of Guatemala framed this proposal having regard to the interests of Ethiopia and its just claims to an adequate outlet to the sea. It felt, and still feels, that free and easy transit for Ethiopian products through Eritrean ports may be ensured by the conclusion of economic agreements between the States of Eritrea and Ethiopia, and by the establishment of free zones in the two Eritrean ports.
140. The Republic of Guatemala continues to maintain on this question the position outlined by its delegation in the Commission’s report; it continues to believe that this resolution raises a question of cardinal importance involving the prestige of the United Nations, and represents the best solution for the future of that territory, the peace in East Africa and the well-being and prosperity of its inhabitants.
141. Jerusalem: As regards the problem of Jerusalem and the Holy Places, while deploring the failure to carry out a General Assembly resolution, Guatemala feels that intervening events have borne out the position taken by its delegation at the last session when it firmly opposed plans for the internationalization of the city of Jerusalem under pretext of protecting the Holy Places of three of the world’s most important religions. Our delegation considered the proposal to be impracticable and pointed out certain other defects. The lengthy discussions of the Trusteeship Council have shown that internationalization in the form in which it was proposed in General Assembly resolution 303 (IV) is not practicable and we are now once again faced with the problem of providing for the protection of the Holy Places.
142. My delegation believes that there is no need for the establishment of complicated machinery for the internationalization of that Mediterranean city, and that the United Nations could adopt a special statute for the protection of the Holy Places ensuring completely free access to them while retaining direct responsibility for their protection with the assistance, if necessary, of the States directly concerned. These States would undoubtedly be ready and willing to lend their assistance in favour of a solution which, without hurting their interests, would provide an effective guarantee under the direct administration of the United Nations, which would set up an independent international authority.
143. Non-Self-Governing Territories: the Guatemalan delegation will also continue, as in previous years, to support any step which may tend to improve the political, economic, social and cultural conditions of peoples of territories which are still dependent or under the Trusteeship System. Guatemala does not believe that the colonial system is the best way to educate people or to guide them towards independence and self-government. We think, on the contrary, that the colonial period already belongs to history, and that the subjugation of some peoples to others can no longer be admitted in the world of today. The remnants of colonialism still remaining in some parts of the world are a source of disturbance and constant disputes.
144. Belize: with reference to this question, although incidentally, I should like to remind the Members of the United Nations that Guatemala still maintains her age-long claim to the territory of Belize, which is unjustly and illegally held by a European power, my Government still hopes that, in accordance with the principles which now prevail in world affairs, it may be possible to reach a fair and friendly understanding with the Government holding the territory, in order to put an end to a controversy which affects the whole American continent.
145. South-West Africa: in relation to the matter of dependent territories, it is satisfactory to note that the opinion of the International Court of Justice on the case of South-West Africa, concurs with the argument upheld by the Guatemalan delegation at previous sessions of the General Assembly. My delegation hopes that, in view of this most valuable opinion from the highest international tribunal, a satisfactory solution to this delicate problem may be found at the present session so that the people of that territory may, as soon as possible, obtain the protection of the United Nations and enter upon a stage of effective preparation for self-government and independence.
146. New Members: it is also satisfactory to my delegation to find that another opinion of the International Court of Justice, namely, that referring to the admission of new Members, agrees with the opinion expressed by the Guatemalan delegation at previous sessions of the Assembly, in the sense that an applicant State cannot be asked to fulfil any requirement or condition above or beyond those clearly established in Article 4 of the Charter. My delegation will continue to insist that the above mentioned Article 4 should be strictly applied in an objective manner in the admission of new Members.
147. Spain: with regard to items 2 and 10 included in the supplementary list of items for the agenda [A/1332] which show a marked inclination to open the doors of the United Nations to the regime maintained by General Francisco Franco in Spain, I must clearly and firmly re-state Guatemala’s position on this matter.
148. The Franco regime was emphatically repudiated by the United Nations as early as the San Francisco Conference. It has always been considered as the last stronghold of the nazi-fascist forces which threatened the world in 1939, and the direct creation of the war criminals Hitler and Mussolini, who brought about the largest wholesale slaughter ever suffered by mankind. A change of attitude by the United Nations at this time in favour of the Franco regime would be a heavy blow to democratic ideals and a negation of the lofty principles in whose defence so much blood was shed and such great sacrifices made. We request that these items which are favourable to the Falangist movement in Spain should be removed from the agenda of the fifth session of the General Assembly as, in the present circumstances, any decision which might be taken to mitigate or to supersede previous decisions could serve only to rob the United Nations of its prestige and to bring about a state of inconsistency between the principles of the Charter and its application.
149. Reservations to agreements: Finally I should like to make some comments on item 57 of the provisional agenda [A/1293] referring to reservations to multilateral conventions. There is a new tendency to place difficulties in the way of including reservations in multilateral conventions and to make such reservations nugatory by demanding general acceptance of them by the other contracting States.
150. My delegation cannot accept this principle: reservations to multilateral conventions are sovereign acts of the States making them, and so long as these reservations do not constitute a change of substance in such conventions they cannot be subject to the wishes of the other contracting States.
151. The special reservations made by each State should not be a subject for discussion or for voting in an international organization, and even less should they be subject to acceptance or rejection by the other contracting parties. Naturally, any State can object to or refuse to accept a reservation made by a given State; nevertheless the argument which would deny the force and even the existence of such reservations, unless they are accepted by all the contracting States, is in itself a repudiation of the legitimate right of States to safeguard important interests that might be prejudiced by the general tenor of the text, or even more simply it is a repudiation of the desire to maintain a policy or rules of domestic legislation an amendment of which is not thought opportune.
152. For these reasons, my delegation will oppose the adoption of any resolution which may tend to weaken the essential nature of reservations or to prevent States directly or indirectly from exercising their right to make them.
153. Legal sovereignty and equality are the basis of the existence of States. The great States are in duty bound to respect these two principles and the small States to fight for their maintenance. The harmony and the conviction of the United Nations require this.
154. In conclusion, the Guatemalan delegation desires to express its earnest wish that the work of this fifth session of the General Assembly may be crowned with success. The whole world is watching proceedings in this Assembly hall and is hoping earnestly that the tragic portents looming on the horizon may not be fulfilled.