It is almost a truism that one of the most fundamental values of history, considered from a scientific point of view, lies in the experience which the past — and even the present — contribute to the development and shaping of future events. Experience is wisdom. History is reality. Thus, wisdom unites with reality to offer its rich fruits to the future. The more complex the problems to be solved or the greater the difficulties to be overcome, the more useful will its contribution be.
2. This is why we need at frequent intervals to go over the path by which we have come, to note the difficulties of the journey and to point out the mistakes that have been made in order to remedy them and prevent their recurrence.
3. The need for such a course, which is always a sign of prudence, becomes much greater as the importance of the undertaking grows and difficulties and responsibilities multiply.
4. There is no need for me to apply the principles I have just set forth to the entire achievement of the organs of the United Nations; however, I can refer to one aspect of this achievement, and to do so I shall choose, as an example, one of its finest organs, namely the International Court of Justice, an organization intended to give each one his due in international matters, just as the courts of justice in the various States do within the bounds of their respective sovereignties.
5. In this connexion, I note with regret that, of the sixty States making up the United Nations, only half, approximately, have accepted the compulsory jurisdiction of the Court in accordance with paragraphs 2 to 5 of Article 36 of its Statute, although the desirable, natural and logical thing would have been unanimous acceptance or, at least, a far higher proportion of adherents.
6. Our ideal is that the various organs of the United Nations should act untrammelled in their respective spheres, so that they may devote all their powers to the achievement of their objectives and may carry out to the full, without restriction or curtailment, the functions for which they were set up.
7. Moreover, it is somewhat extraordinary that, of the fifteen judges of the Court, only seven come from countries which have accepted the jurisdiction of the Court (Canada, China, El Salvador, France, Norway, the United Kingdom and Uruguay), while the other eight judges, who constitute the majority, belong to countries which have not accepted the jurisdiction of the bench on which they serve — a paradoxical situation in which certain States consider themselves entitled to judge the problems of other States, but would not submit their own problems to the judgment of the latter.
8. I should like to emphasize this point particularly, because my country has a long tradition — of which it is proud — of having been and of continuing to be the most fervent champion of legal methods for the pacific settlement of international disputes, to such an extent, indeed, that it has embodied this policy in an explicit provision of its Constitution, which, thus vested with the super-legality referred to by Hauriou, is ineluctably binding on all its Governments.
9. To these points, which I regard as highly significant, I can add others no less revealing. Of the States which have not made known any decision on this matter, not one has abandoned this negative position during the last year, while, on the other hand, one which had recognized the Court’s jurisdiction has resolved not to renew its undertaking as its term expired, which means that not only have we made no advance in this respect but we have in fact regressed.
10. During the same period, one Government (Honduras) renewed its acceptance and another (Turkey) prolonged its undertaking for a further five years, but three other States have not renewed their undertakings so far, despite the fact that the term of their acceptance has expired.
11. Nevertheless, against these rather discouraging facts we may note that, two States which are not Members of the United Nations (Japan and San Marino) have become parties to the Statute of the Court, in accordance with Article 93, paragraph 2, of the Charter, and that a number of treaties registered with the United Nations Secretariat contain clauses conferring jurisdiction on the International Court in certain cases, while certain agreements, also registered with the Secretariat, contain clauses giving the President of the Court the power to appoint members of the boards of arbitration envisaged in the agreements.
12. I note these encouraging facts with pleasure, just as I noted the others with distress. But be that as it may, when the final balance-sheet is drawn up, it gives no room for optimism; indeed, we feel obliged to draw attention to these facts in the hope that, in the future, they will receive the attention they deserve, both in themselves and as unmistakable symptoms of this lack of balance between political and legal matters which is constantly appearing in international problems.
13. I fully realize that the United Nations must be the achievement of perseverance and time, but we must try to speed its progress, to establish confidence and to act disinterestedly. In this way, its benefits will be greater and its final success will be much more speedy and worthy of respect. If we are trying to organize “a system of true and universal international co-operation” we cannot refuse our own support to the work which we are trying to do.
14. The Uruguayan delegation would also like to express its point of view briefly with regard to certain other matters.
15. In connexion with the case of Guatemala, I should like to draw special attention to, and to support, a point of view which the Secretary-General put forward in his report to the Assembly [A/2663, p. xi], where he says that “a policy giving full scope to the proper role of regional agencies can and should at the same time fully preserve the right of a Member nation to a hearing under the Charter”.
16. My country combines membership in the United Nations with membership in the Organization of American States, in the belief that the principles of the regional system and the safeguards which it offers cannot be invoked in order to prevent States from having direct and immediate access to the jurisdiction of the United Nations or to deprive them, no matter how temporarily, of the protection of the agencies of the world community. The legal protection afforded by both systems should be combined, never substituted for one another.
17. The negative decision adopted by the Security Council constitutes a very serious precedent for the countries of America since its result must be to diminish or delay, so far as they are concerned, the respective application of the juridical safeguards against aggression established in the Charter of the United Nations and in subsequent resolutions, such as the 1950 resolution on “Uniting for peace” [377 (V)].
18. In the face of the Security Council’s unlawful refusal to act, recourse was had to the Inter-American Peace Committee. This agency, which lacks the power to intervene in cases of aggression and to stop them, could provide no solution to the problem.
19. Without prejudice to an examination of other aspects of this matter in due course, the delegation of Uruguay considers that any protest to the United Nations against aggression is entitled at least to a hearing.
20. Another matter of immense importance and far-reaching implications is the problem of disarmament, on which great efforts have been spent without, unfortunately for the peace of the world and the progress of mankind, any agreement having been reached on specific formulae which would lessen the tremendous waste of a suicidal armaments race now crushing the nations under a burden of expenditure which, if it were directed to purposes of culture, health and productivity, would make an invaluable contribution to human welfare and happiness.
21. In this connexion, the statement made at the eighth session of the General Assembly on 8 December 1953 [470th meeting] by the President of the United States of America, calling attention to the perils of atomic warfare and proposing gradual solutions to diminish these grave risks, together with the preparation of plans of international co-operation to facilitate the employment of atomic power for peaceful purposes, is, we consider, of the highest importance.
22. My country will follow any progress which may be achieved in this direction with the greatest goodwill, in the hope that the power which now terrorizes mankind through its immeasurable potential for destruction may be transformed into a splendid instrument to promote the well-being of mankind.
23. I should like to say also a few words on the subject of colonialism. As descendants of the former Spanish colonies in America, now free and independent thanks to the heroic efforts of our ancestors, we have always regarded with the liveliest sympathy the struggles of other nations in any part of the world for their own freedom and independence.
24. Inspired by such considerations, Uruguay will support any suggestions and resolutions which may help, in a practical way and by means of peaceful settlements between the parties, to solve the disputes which the desire for self-government and independence of peoples not yet enjoying this natural right submit to world opinion.
25. We consider that, in this respect, United Nations action can render effective service in legitimate causes submitted to the study and consideration of the General Assembly. Provided that there is serenity of judgment, without either ill-advised haste or prejudicial delay, we are confident that the United Nations can find satisfactory solutions for these problems, which are of the liveliest interest to all because of their human importance, through the peaceful paths of understanding and co-operation, which — and in particular the principle of equality of rights and the self-determination of peoples — are sources of justice and international progress. These principles take on a special significance for us when they touch upon such situations on the American continent.
26. As the Secretary-General says [A/2663, p. xii] : “The many issues in this sphere which regularly confront the United Nations call for a balance between vision and restraint, recognizing the fundamental right to self-determination as well as the fact that the exercise of self-determination may be self-defeating if not wisely and carefully prepared. The manner in which such issues are dealt with will have a serious bearing also upon the future course of world events.”
27. In the last resort, we consider that the problem is, generally speaking, one of timing and procedure.
28. We are in sympathy with the item [55] proposed by Saudi Arabia, Egypt, Iraq, Lebanon and Yemen in connexion with the translation of certain official documents of the General Assembly into the Arabic language and we hope that this language, as well as others which serve vast areas of the world and peoples and cultures of long tradition and history, can be given the place it deserves in the activities of the international Organization; these views have already been upheld by Uruguay when dealing with the question of the adoption of Spanish as a working language, in which we had the support of the Arab countries.
29. Among the economic and social problems dealt with by the United Nations, Uruguay has devoted special attention to the activities and services of the United Nations Children’s Fund (UNICEF). The Government of Uruguay has co-operated to the full with the Fund since its inception, when it made a contribution of one million dollars.
30. Uruguay has been a devoted member of the Fund’s Executive Board. This body reflects in the United Nations the policy that has been carried on in Uruguay since soon after the beginning of this century and that has characterized all my country’s activities, especially in the economic and social fields. This policy is firmly rooted in the redressing of social wrongs and could be defined as economic democracy in modern times. It has had immediate repercussions on the statistical indices of Uruguay. Infant mortality has been considerably reduced, as can be seen from the place held by Uruguay in world demographic statistics, and it is still the lively concern of the Government and people. The improvement of family economic conditions, through the implementation of the rights of the workers, has also made it possible so to deal with problems relating to public education and social culture that statistics of illiteracy have been substantially reduced throughout the country.
31. Following the same policy externally, in the form of our activities within the United Nations, my Government considers that the most important duty of our Organization is to bestow upon all children who are victims of the results of a bad economic situation in any part of the world the care which we give to our own children in our own country. My delegation therefore considers that among the economic and social problems for which this Organization has assumed responsibility, in accordance with the Charter, the activities of UNICEF should continue unabated.
32. We hold exactly the same views in regard to two other items to which my country has given special attention: I refer to the item on technical assistance and the item concerning aid to the economically underdeveloped countries. In both cases, the United Nations seeks to encourage progress, work and production, and to secure, first and foremost, an improvement in the standard of living in those countries, in order wherever possible to abolish poverty which constitutes an antisocial ferment with the gravest repercussions on the problems of our times.
33. These are the ideas and aims of Uruguay in regard to certain of the items on the agenda of the United Nations General Assembly. Both in the General Assembly itself and in its Committees we shall work faithfully along lines traditionally followed by Uruguay, in favour of peace, democracy and the rule of law.