Libya

At the outset, I would like to congratulate the President on his unanimous election to the presidency of the General Assembly at its fifty-sixth session. His choice to assume this high post is a reflection of Member States' appreciation of him personally and their confidence in his ability to conduct the deliberations of this session in a manner that would enable it to reach conclusions that would contribute to the strengthening of stability and the promotion of development all over the world. I would also like to seize this opportunity to express our gratitude and appreciation to his predecessor, Mr. Harri Holkeri, President of the previous session of the Assembly, which witnessed many activities that have gone a long way towards responding to the common concerns of the international community. Our great appreciation also goes to Mr. Kofi Annan, Secretary-General of the United Nations, who continues to perform his duties with dedication and renewed vigour, even under very difficult 9 circumstances. His re-election to a second term at the helm of the Organization and the fact that he was awarded the Nobel Peace Prize, together with the United Nations, this year is testimony to the appreciation of his work and the confidence in his ability to further enhance the role of the United Nations and to make it more effective in facing the challenges of the new millennium. On 11 September, several American cities, including the City of New York, which hosts our Organization, were subjected to terrorist attacks to which thousands of innocent people fell victim. Once again I express to the people of the United States and the families of the victims, who lost their loved ones, my deepest sympathies. We in Libya, having been subjected to various forms of terrorism, including State terrorism, realize better than others the cruelty and the depth of feelings that the American people suffered and the psychological impact, particularly on the families of the victims. My country has therefore condemned those painful events, emphasizing our firm position, which denounces terrorism in all its forms and manifestations and calls for the eradication of this phenomenon, which endangers the independence of States and the lives of peoples. We, in Libya appreciate the measures taken by the international community to uproot terrorism, including the number of agreements made the most important of which we are already party to, and the rest of which we are in the process of acceding to. Nevertheless, it is very evident that there is an urgent need to take other measures to confront the challenges posed by this phenomenon. This will necessitate seeking and eradicating the roots of terrorism. It is also imperative to take effective action to put an end to terrorist practices and to eliminate all the reasons and motives that stand behind terrorism. Before achieving this, we must agree on a uniform definition of terrorism to determine ways of combating it. We cannot condemn terrorism and fight it when it hits one country and turn a blind eye when it hits other countries and peoples. It is also very dangerous to link terrorism to a certain religion or nationality, as terrorism has no nationality and no religion. Further, it is unacceptable to label as terrorism the struggle of peoples to protect themselves or to attain independence while ignoring real terrorism, which has several faces and is practised in different ways. Occupation, provocation and aggression against peoples, like that against Libya in 1986, is all terrorism. The establishment of military bases on the territories of others is terrorism. Fleets that roam the seas are stationed off the coasts of other States and violate their territorial waters are forms of terrorism. The downing of civilian aircraft, like the Libyan aircraft that was hijacked and destroyed over Sinai in 1973, is terrorism. Mass massacres are terrorism. The training of extreme elements in certain countries and facilitating their arrival in other countries to carry out criminal acts, including assassinations, as happened in my country in 1984 and 1993, is terrorism. The acquisition of weapons of mass destruction and the threat of their use is terrorism. The imposition by one State of unilateral, coercive measures against other countries and the enactment by the same State of laws to punish others who maintain relations with these countries is also terrorism. Exploiting the Security Council to impose sanctions against peoples without any justification or evidence is terrorism. Preventing the Council from adopting measures to protect those who are subjected to killing and displacement constitutes support for and encouragement of terrorism. Due to these considerations, we believe it has become important and necessary to take international action to combat terrorism at all levels. We think that such action could be effective if undertaken under the umbrella of the United Nations, in accordance with the purposes and principles of its Charter. My country was among the first to act in this context when, in 1992, we called on the Secretary-General of the United Nations to request the convening of a special session of the General Assembly devoted to the consideration of the means of combating terrorism. Today, we renew this call out of a conviction that this is the best way to study the question of terrorism with a view to arriving at an accurate definition of terrorism far removed from selfish and subjective classifications. We are also convinced that this is the best way to deal with this phenomenon in all its political, economic and social aspects and, consequently, to take the necessary measures to fully uproot it. Every year, we gather here to review and assess our achievements. Despite the tragic events of 11 September, we notice that the previous year witnessed a number of important developments. The General Assembly held more than one special session. Two 10 high-level conferences were held within the framework of the United Nations, one of which was devoted to the situation of the least developed countries and the other, to our common struggle against racism and xenophobia. In the declarations and programmes of action resulting from these conferences, there was a rededication and commitment to the purposes and principles of the United Nations, aimed at maintaining international peace and security and developing friendly relations among States. It was also affirmed that more efforts would be made to implement priorities such as the promotion of development, the provision of shelter for all, the eradication of want and diseases, the ending of injustice and unfairness and the uprooting of discrimination in all its forms. The Libyan Arab Jamahiriya participated in all these forums, and we are happy to have contributed to their successful results. Like other Members of this Organization, we have an interest in the establishment of peace, the realization of justice and the support of sustainable development. Notwithstanding all these achievements, it is abundantly clear that there is a need for further efforts so that we may be able to address the additional challenges facing all Members of the United Nations. One such challenge is the environmental degradation that threatens life on Earth, our common home. Violence and armed conflicts also rage in several regions. Millions suffer from abject poverty in many places in developing countries. Diseases, particularly HIV/AIDS, threaten the lives of entire communities. There are still those who challenge the collective will and cling to unilaterally enacted laws, applying them to all. Old ideological barriers have been replaced with new barriers, including impeding access of many developing countries to the technology necessary for their development and advancement. Moreover, our world is still not free of criminal activity, including the illicit trade in small weapons and narcotics and transnational organized crime. The United Nations is the tool of our common work in our efforts to face these challenges. Undoubtedly it has made many efforts, but it could certainly be more effective in carrying out its duties if drastic structural reforms were made to its organs and if new working methods were developed for its various mechanisms. Many proposals have been submitted over the past few years in this regard, but, unfortunately, they did not resonate with certain Powers that care only for their narrow selfish interests. This makes it incumbent upon the other Members of this Organization that have a real stake in reform to unify their efforts and capacities to effect inevitable change, if we want our Organization to succeed, consistent with the spirit of the times, and to meet the needs of the people. For our part, we wish once again to reaffirm that such change should be aimed at achieving the following. First, it must enhance and develop cooperation among the principal organs of the United Nations, and between these organs and other bodies and agencies of the United Nations system, with a view to resolving international problems in all their aspects. Secondly, it must enhance the role of the General Assembly, making it more effective, so that it can carry out the functions entrusted to it by the Charter, including contributing to the adoption of measures to maintain international peace and security. The Assembly should have the authority to control and to hold accountable other United Nations organs, including the Security Council, which should be accountable to the Assembly. Thirdly, it must establish a mechanism affiliated with the General Assembly to follow up the implementation of Assembly resolutions. We cannot wait indefinitely for the implementation of resolutions, most of which were adopted more than 50 years ago. Fourthly, it must accelerate the introduction of radical reform to the Security Council membership in order to apply the principle of equitable geographic distribution and thus do justice to the disadvantaged regions in Africa, Asia and Latin America that are under-represented in the Council. Reform should also apply to improving the Council's working methods to ensure transparency in its work and democracy in its decision-making. Fifthly, the privileges emanating from victories of the Second World War must be withdrawn, the most important being the right of veto, which has become obsolete. Therefore, there is no longer any justification for maintaining it, not only because it contravenes the principle of the sovereign equality of States, but also because it has been used to protect aggressors from 11 condemnation. It is also being used to prevent the adoption of measures to protect those subjected to aggression, killing, displacement and other acts of genocide. Seeking to establish peace and enhance stability is among the major purposes of the United Nations. This Organization certainly cannot perform all these functions alone. Member States can establish effective mechanisms to resolve the most intractable problems. In this context, we in the Libyan Arab Jamahiriya have made consistent efforts to assist countries suffering from conflicts and disputes. Talks held last June, under the auspices of the Qadhafi Charitable Organization, between the Government of the Philippines and the Moro Front, led to the signature of the Tripoli Peace Agreement, ending a bitter conflict and meeting the aspirations of both parties for the restoration of security and stability in southern Philippines. We have participated effectively in various negotiations that have resulted in the settlement of the Ethiopia-Eritrea dispute and the conclusion of the Arusha Agreement, ending the conflict in Burundi. Together with other African countries, we are intensifying our efforts to support reconciliation in Somalia and the restoration of peace to the Democratic Republic of the Congo on the basis of the Lusaka Agreement, emanating from the agreement signed in the city of Sirte in September 1999. Currently, intensive efforts are being made to implement the Libyan-Egyptian initiative, in coordination with the initiative of the Intergovernmental Authority on Development, to achieve broad-based national reconciliation in the Sudan so that its people can live in harmony and stability, based on the unity and territorial integrity of that sisterly country and equality among its people. We take great pride in our contributions and achievements. But above all, Libyans from all walks of life men and women greatly cherish the historic event that took place in March of this year, when African leaders announced the establishment of the African Union at the second Sirte summit. This was followed by the thirty-seventh summit of the Organization of African Unity, held last July, which took progressive practical measures to strengthen the fundamentals of this Union, which is an important transformation in the history of Africa, realizing as it did, the dream of the forefathers of a unified Africa. It was the culmination of the efforts of the great African leaders whose objective has always been the unity of the continent so that it could enhance its security and progress and build its future. It is a new phase in an African renaissance that will eliminate rifts that divide the continent and will establish one bloc for all Africans, capable of confronting various challenges in a world of large groupings. The fact that Africa has taken all these initiatives and steps sends a clear message to other countries of the world that Africa fully realizes that resolving its problems and developing its abilities is primarily the responsibility of the Africans. Yet we must emphasize that there will be no peace, security or stability in the world as long as Africa suffers from problems and disturbances. For that, the United Nations and all countries must assist in the efforts of African countries to establish peace throughout the continent and to enhance security in all its corners. This requires primarily support for Africa's dispute-settlement mechanisms, assistance in eradicating the poverty of millions of its people and the elimination of diseases, particularly HIV/AIDS, which threatens the lives of more than 30 million Africans. Moreover, a solution must be found to the problem of external debt, which devours most of Africa's earnings. Moreover, an end must be put to consequences of colonialism, the cause of Africa's underdevelopment and the obstacle to its progress. The only way to do justice to the peoples of Africa is for those States that conquered their land, looted the continent's resources and built their progress at its expense to apologize to the peoples of Africa for these practices and to pay them full compensation for the losses and damages caused by colonialism. The international community has thus far failed to resolve the Palestinian problem, which is almost as old as the United Nations itself. This is essentially due to disregard of the core of the problem, which is that a land was usurped and its people were expelled from their homeland. Thus, Palestine remained occupied. Most of its people became refugees in various parts of the world, and those who stayed were made into prisoners in their own homes, deprived of the most basic human rights. The Palestinian people are being subjected to the most heinous crimes committed against any people in contemporary history. Palestinian children and young and elderly people are assassinated, their land is confiscated, their farms are burnt and their 12 houses are demolished to be replaced by houses of settlers who came from various parts of the world in pursuit of unbelievable and illogical myths. Old and new developments of the Palestinian question are sufficient proof that ending the suffering of the Palestinians under occupation cannot be achieved through plans that are never implemented. It has also been cogently proven that the problem will not be resolved by the resolutions that the United Nations has been reiterating for more than five decades. In the light of those irrefutable facts, the solution that should be sought, and on which all efforts must focus, lies in what my country has said before and reaffirms now: the Palestinian people must return to their homeland, from which they were expelled, and a democratic, non-racist State must be established in which all citizens are equal irrespective of religion or ethnicity, a State similar to the one that has been established in the Republic of South Africa. Any other solution would be a fantasy that would serve only to perpetuate the Palestinian tragedy. Speaking of the situation in the eastern Arab region, my country reaffirms its unlimited support for sisterly Syria and Lebanon in their steadfastness in the face of Israeli aggression. We condemn all attempts to provoke those countries, and we uphold their right to recover all their territories under occupation. Turning to the current situation in Iraq, we condemn the daily violations of Iraqi sovereignty and the continuous aggression to which Iraq is subjected. We call on all peace-loving countries to work towards the lifting of the sanctions imposed on the Iraqi people and towards putting an end to all schemes aimed at destroying their capacities and at dividing their land. Tireless efforts have been made in the field of disarmament. My country is a party to most international disarmament agreements and is in the process of acceding to the remaining ones, including the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction and the Comprehensive Nuclear-Test-Ban Treaty. But we firmly believe that general and complete disarmament cannot come about without a change in current norms and in the approach to disarmament issues. What we see today is a growing trend towards the control of small arms and light weapons rather than of the weapons of mass destruction that pose a greater threat to international peace and security and to human life. That is why we wonder about the sharp focus on the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction, even though it addresses only simple, limited weapons that small and weak countries need to defend their borders against powerful countries that possess aircraft carriers and aeroplanes that can be refueled in the air. Why should we not focus our efforts on the destruction of chemical and biological weapons and of ballistic missiles? Why are nuclear-weapon States not serious about practical measures to destroy their nuclear stockpiles? Why are certain countries falsely accused of acquiring weapons of mass destruction while there is silence about the Israelis, who, as everybody knows, possess hundreds of nuclear warheads and other weapons of mass destruction and conventional weapons? Moreover, Israel continues to defy the will of the international community, which has called on it to accede to the Treaty on the Non-Proliferation of Nuclear Weapons and to place its nuclear facilities under the safeguards of the International Atomic Energy Agency in order to help ensure that the region is free of nuclear weapons. We want the important question of disarmament to be dealt with in a comprehensive and non-selective manner. Efforts should be concentrated first and foremost on the adoption of practical measures to destroy nuclear and other weapons of mass destruction. That should apply to all those that possess such weapons without exception; they should cease insisting on the development of new defensive systems that could threaten the world's strategic stability and trigger a new arms race. Unless the matter is addressed in that way, disarmament efforts will be meaningless; they will remain a great fraud perpetrated on all the peoples of the world. During the past nine sessions of the General Assembly, we have reviewed developments in the dispute between my country and a number of Western countries over the United States aeroplane that crashed over Lockerbie. During the past two sessions, we have focused on the Libyan Arab Jamahiriya's cooperation with the Scottish court that has been meeting in the Netherlands since the two Libyan suspects decided voluntarily to appear before it. On each occasion, we have reiterated our request that the Security Council lift the sanctions it imposed on the Libyan people, 13 because Libya has fully responded to the requirements of Council resolutions 731 (1992), 748 (1992) and 1192 (1998). That was confirmed by the report of the Secretary-General to the Security Council, submitted in conformity with paragraph 16 of Security Council resolution 883 (1993). We are obliged once again to broach this question, and for a valid reason: the developments of earlier this year. As members know, on 3 May 2000 the Scottish court began its trial of the two Libyans suspected of being linked to the Pan Am aircraft incident. During the trial it became very clear that the judges were not convinced of the truth of testimony from the three witnesses offered by the other party as witnesses for the prosecution. The court concluded that the principal witness in the case, Mr. Abdul Majid Giaka, was lying, as were Tony Gauci and Edwin Bollier. In paragraph 45 of its opinion, the court stated: We have assessed carefully the evidence of these three witnesses ... relating to the MST-13 timers .... All three, and notably Mr. Bollier, were shown to be unreliable witnesses. [Their various statements were] at times in conflict with each other ... On some occasions, particularly in the case of Mr. Bollier, their evidence was self- contradictory. It was thus fully expected that the Scottish court would acquit both suspects for lack of evidence. But the decision of 31 January 2001 ran counter to those expectations. The court convicted one of the suspects, Mr. Abdelbaset Ali Mohmed Al Megrahi, and acquitted the second, Mr. Al Amin Khalifa Fhimah. That judgement came as a surprise to all political analysts and jurists, for whom it raised many questions, including why one of the suspects was convicted when the two principal prosecution witnesses were proven to have lied and when the court found the third unreliable. How could the court's decision to convict one man and acquit the other be explained, since they were both suspected on the basis of the same assumptions? The only answer to those questions is that, at the last moment, the court departed from applying the law and instead took a political decision. The first to indicate this was Robert Black, an architect of the Lockerbie court, who said that the elements of the case against Al Megrahi were very weak. And Hans Kˆchler, a university professor appointed by the Secretary-General as an international observer of the trial, issued a report dated 3 February 2001, which included many comments, including the following. [The Opinion] is totally incomprehensible for any rational observer when one considers that the indictment in its very essence was based on the joint action of the two accused in Malta. The Opinion of the Court is exclusively based on circumstantial evidence and on a series of highly problematic inferences. As to the undersigned's knowledge, there is not one single piece of material evidence linking the two accused to the crime. In such a context, the guilty verdict in regard to the first accused appears to be arbitrary, even irrational. ... This leads ... to the suspicion that political considerations may have been overriding a strictly judicial evaluation of the case. In placing these facts before the United Nations membership, we want to stress that the conviction handed down by the court on 31 January 2001 was a political decision that had nothing to do with the law. The Libyan citizen Mr. Al Megrahi was kidnapped for political reasons, as confirmed in resolutions and statements adopted by a number of regional organizations, including at the Lusaka summit of the Organization of African Unity, the twenty-eighth ministerial session of the Organization of the Islamic Conference held at Bamako, and the meeting of Foreign Ministers of the League of Arab States held at Cairo earlier this year. Our gratitude goes to the members of those organizations and to others that have shown solidarity with us from the outset for standing on the side of right. We call on all Members of the United Nations that support right and justice to take the necessary action to meet the demands of those organizations. The first is the immediate release of Mr. Al Megrahi, who was convicted for political reasons that have nothing to do with the law. His continued detention amounts to hostage-taking under all relevant laws and customs. The second element of those demands is categorical rejection of the stubborn blockage of the lifting of the sanctions imposed on Libya, which ignores the provisions of paragraph 16 of Security Council 883 (1993) and the findings of the report of the Secretary-General in that regard. The Security Council 14 should immediately, totally and permanently lift the sanctions imposed on Libya, in view of the fact that Libya has met all the requirements of the relevant Security Council resolutions, including resolution 1192 (1998). The third element is support for the legitimate right of the Libyan Arab Jamahiriya to receive fair compensation for the material and human losses it has incurred as a result of the sanctions.