6. On behalf of the Government of the Republic of Ecuador and on my own behalf, I am happy to congratulate you most warmly on the high and well deserved distinction that has been conferred upon you, in just recognition of the qualities which make you so admirably suited to discharge the exacting duties of President of the General Assembly.
7. I should like to follow your example, Mr. President. I should like to be allowed to speak a language of the utmost frankness, which is the only language capable of achieving understanding among men in the discussion of the various international problems, particularly those affecting this Organization.
8. Under Your Excellency's expert guidance, this session opened in an atmosphere of hopeful expectation. I should like to add that it was an atmosphere of genuine, promise, but despite the optimism which we all feel we cannot but realize that there are some very serious threats to world peace.
9. There is no doubt that we are going through a period of transition characterized, among other visible phenomena, if not by the collapse of the outmoded concept of absolute State sovereignty, at least by an adaptation of that concept. This is indeed essential if we wish to live in the present era, which is marked by such amazing and disconcerting scientific and technical advances that there is no knowing how the human mind may react — with terror or with pleasure. Everything depends on the goals to be attained by mankind in the future: survival or destruction and the total annihilation of life.
10. This transitional stage is also marked by the emergence of a basic principle of international authority which has resulted in the struggle against colonialism and its immediate corollary, the birth of new independent States. Despite this, there are still many obstacles which impede progress towards the final goal.
11. There are many age-old prejudices barring the way to true universal understanding. This situation is faithfully reflected in the political work of the world Organization. There is no lack of idealism and good intentions, but we must acknowledge that there are very few achievements.
12. For years and years the same problems have been discussed without so far having been solved. But we must not let this discourage us; little by little something is being accomplished. At least this periodic exchange of views help us to know one another better and to clear up misconceptions or misunderstandings in an endeavour to achieve a better future for all mankind.
13. I should like to take this opportunity to reaffirm Ecuador's unswerving support for the principles enshrined in the United Nations Charter. Only absolute respect for the principles underlying the statute of our Organization will enable us to attain the desired goals. Only when the sovereign equality of all States, the genuine fulfilment of the obligations assumed under the Charter, the peaceful settlement of international disputes, the prohibition of the threat or the use of force and the other principles stated in Chapter I of the Charter become a reality will it be possible to live in a world of peace, in which justice and law guarantee the normal development of relations among all peoples of the earth.
14. Accordingly, the criterion that will determine the attitude of the Ecuadorian delegation in the discussion of all the items on the agenda of this General Assembly will be the proper application of the provisions of the Charter in seeking equitable solutions to the problems confronting the Assembly.
15. The maintenance of peace is the fundamental problem and the highest of man's aspirations. Under Article 24 of the Charter, the Members of the United Nations have conferred — but not exclusive — responsibility for the maintenance of international peace and security on the Security Council, whose authority is limited to the functions defined in Chapters VI, VII, VIII and IX of the Charter. According to Article 11, however, the General Assembly may discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the United Nations or by the Security Council.
16. In the course of the past year there have unfortunately been several breaches of the peace, in which the United Nations has been unable to halt the conflict. We can note with satisfaction, however, that in the dispute between India and Pakistan United Nations intervention enabled an effective start to be made on the settlement of a conflict of incalculable proportions.
17. Although Chapter VII of the Charter provides for the measures to be adopted by the Security Council to restore peace, action by that organ has in many cases been paralysed by various factors, mainly of a political nature, which have prevented its timely intervention. So long as the United Nations lacks sufficient authority to enforce its decisions, and so long as certain Powers continue their aggressive practices, the world Organization can do nothing to prevent an outbreak or a continuation of armed conflict.
18. The policy of the Government of Ecuador is completely autonomous and independent. It does not accept patronage of any kind. Consequently, it is bound to condemn aggression wherever that may occur, considering it a violation of the most fundamental principles of international law.
19. The success of the tasks entrusted to the world Organization depends fundamentally upon the attitude of Governments concerning the application of the principles of international law. The Government of Ecuador attaches particular importance, in the international conduct of States, to the principle of good faith in fulfilling obligations assumed under the Charter. It considers that this principle is the basis of the entire international legal system and that without it there can never be any genuine ties of friendship and co-operation among peoples.
20. If States are not prepared to act, at the international level, with the profound conviction that they must give their disinterested assistance for the attainment of human well-being and if they are guided only by the hope of deriving profit for themselves, even at the risk of harming others, the entire system which we have devised to achieve peaceful and civilized coexistence will be of no avail.
21. The spirit of peaceful coexistence, which has been stressed in recent years in all the speeches which have been heard in the world Organization, will never become a reality until we have achieved a collective conscience, if not among all men, at least among all the leaders of the world. During the past two years, as a result of this spirit, some international crises which in another age would have led to a conflagration have been settled satisfactorily without its having been necessary to resort to force.
22. During this past year the United Nations has witnessed a dangerous situation which very nearly destroyed our most cherished ambitions and hopes. Fortunately the goodwill of the principal Powers which were at the brink of a perilous confrontation, saved the United Nations from paralysis.
23. The crisis through which the United Nations is passing is far from being of a purely financial nature. This crisis, which in outward appearance is financial, is basically a manifestation of profound divergencies of a political and juridical nature concerning the competence and powers of the principal organs of the United Nations. We cannot therefore disguise the fact that the solution which we are now trying out is only an emergency solution.
24. As the Minister for Foreign Affairs of Ecuador stated in 1964, at the nineteenth session of the General Assembly [1298th meeting], the spirit of peaceful coexistence cannot be reduced to a passive or neutral attitude in which States merely tolerate each other, but must take the active form of mutual co-operation, as the creative expression of human solidarity. Unfortunately, as in all human activities, negative factors always gain more notoriety than positive deeds. We thus hear daily of the conflicts which arise between States and seldom is any mention made of the many co-operative programmes which are being put into effect day after day. The United Nations should therefore be especially commended for having designated this year "International Cooperation Year”, the sole purpose of which is to draw attention to the benefits to be derived from joint efforts by all peoples.
25. The Government of Ecuador attaches vital importance to international co-operation as a means of diminishing tension and remedying the factors that cause large-scale conflicts. In many cases the only source of war is hunger, unemployment and market competition. The purpose of international co-operation is precisely to combat these causes.
26. Indeed, one of the great transformations of our century is the resurgence of international cooperation. With the mere creation of the United Nations, the prosperous and developed peoples have realized that if they do not extend co-operation to the poorer or the weaker, there can be no human solidarity and therefore no hope of peace on earth.
27. Peace must be based on the supremacy of law, applicable to all States large and small, as an inviolable rule of conduct and course of action. It would not be right, however, to wish for a peace imposed at any cost. Peace cannot be achieved at the cost of an injustice, which is the way weak States have often been obliged to make peace with powerful States.
28. Ecuador wishes to declare once again that it has been the victim of an aggression which resulted in the amputation of a vital part of its territory. States which, like Ecuador, have obtained peace at this price should unite their efforts to make the international community proclaim as a prerequisite for the maintenance of peace the settlement of outstanding conflicts, in conformity with the principles of justice and international law.
29. In this connexion the Government of Ecuador attaches fundamental importance to the work of the United Nations International Law Commission, which is studying the codification of the law of treaties, and to the work being done by the Special Committee on Technical Assistance to Promote the Teaching, Study, Dissemination and Wider Appreciation of International Law and the Special Committee on Principles of International Law concerning Friendly Relations and Co-operation among States. Such principles are the very backbone of the Organization, which is clearly based on the prohibition of the threat or use of force against the territorial integrity or political independence of any State, on the peaceful settlement of international disputes, on the principle of non-intervention and free determination of peoples and on the sovereign equality of all States.
30. So far as the first of these principles is concerned, the Government of Ecuador entirely agrees on the need for States to refrain from the threat or use of force to resolve territorial disputes and frontier problems. In addition to this principle, however, it is necessary to proclaim the principle of non-recognition of any territorial acquisitions which have been obtained by force, for otherwise a higher principle of justice would be threatened. Moreover, this principle, thus supplemented, should have full force not only for the future but also for any conquests made under the rule of force in the past.
31. I am happy on this occasion to praise the valuable work being done by the International Law Commission concerning the nullity of territorial acquisitions made by force. In articles 33, 34, 35, 36 and 37 of the draft convention on the law of treaties, the Commission establishes that one of the fundamental prerequisites for the validity of a treaty is the free consent of the parties. Consequently, it states that reasons invalidating the consent — error, coercion and fraud — make the instrument void ab initio. In addition, it admits as a cause of nullity a treaty's incompatibility with one or more of the peremptory norms of international law (jus cogens). While Article 103 of the Charter gives highest priority to the obligations contracted by States under the Charter, the doctrine of article 37 of the draft convention, by recognizing on an equal footing the existence of peremptory norms and sanction in the event of their violation (nullity of the treaty), represents a step forward of inestimable importance.
32. In this way, by giving new life to the dictates of traditional international law, the International Law Commission has restored their pristine value to Chapters I and VI of the Charter, which state that international disputes or situations which might lead to a breach of the peace must be settled by peaceful means and in conformity with the principles of justice and international law.
33. In line with its traditional juridical and pacifist leanings, the Government of Ecuador supported the inclusion in the agenda of the General Assembly of the item on the peaceful settlement of disputes proposed by the United Kingdom of Great Britain and Northern Ireland in a letter dated 19 August 1965 addressed to the Secretary-General. This idea is closely linked to the prohibition of the threat or use of force since, as the United Kingdom Government stated, such a prohibition necessarily requires that the United Nations should devote all its efforts to establishing methods and machinery whereby international disputes may be settled by peaceful means. This should also be the aim of the efforts being made to reach agreement on peace-keeping operations. The Ecuadorian Government considers that the question of the peaceful settlement of disputes is of such importance that it should be studied separately, in order not only to determine the general principles applicable but also to examine methods and machinery whereby this, aim may be attained.
34. The Government of Ecuador is therefore particularly interested in the peaceful settlement of international disputes. In addition, it is firmly convinced that the day will come when the law will have full force for all States and justice will prevail in international relations. This firm conviction led it to submit to the Second Special Inter-American Conference, to be held at Rio de Janeiro a draft inter-American system caused by the lack of a flexible and simple legal instrument to promote the rapid and appropriate settlement of international disputes on the American continent.
35. The principle of non-intervention is the cornerstone both of the world Organization and of the inter-American system. The Ecuadorian Government has maintained and will zealously continue to maintain the most faithfully respect for this noble axiom.
36. The strength of the principle of non-intervention in Latin American circles is due to the fact that it is rooted in the very origin of the nationhood of the peoples in this part of the continent. The founders of our nations proclaimed it when they proclaimed independence from foreign domination; since that time, it has been shaped into a substantial part of inter-American law. For this reason, Ecuador must state its formal rejection of any initiative designed to encourage unilateral military intervention, whatever its motive. If such an initiative were to become the norm of a new policy of the American States, this would bring about a serious threat to peaceful coexistence among the peoples of the continent and a return to the application of procedures which should be considered superseded, since the subjective evaluation of the international conflicts which arise in States could lead to culpable and indiscriminate intervention in the countries of the hemisphere, through the action of military forces.
37. In view of this, in the case of the Dominican Republic — which was heatedly discussed within the United States itself — the Government of Ecuador was obliged to vote, in the Organization of American States, against the unilateral intervention by that country in the Dominican Republic, while acknowledging that the American nations are bound by contractual instruments to prevent interference by international communism in their respective territories, because' we consider such interference to be an equal threat to the principle of non-intervention. Indeed, this is one of the contradictions of the regional system of the OAS: on the one hand, we have the ideals enshrined in its Charter and in other commitments and, on the other hand, the presence in the American world of dark threats and realities which were unknown a few years ago. I think that we must urgently seek the legal instrument or instruments which, while saving the sacred principle of non-intervention from being shipwrecked once and for all, will provide flexible methods and legal machinery for the immediate elimination of totalitarian subversion from the internal lives of our countries.
38. In this connexion, I feel it necessary also to state clearly the position of Ecuador regarding the competence of the world Organization in regional disputes. So far as the American countries are concerned, they have all the rights and means of recourse established both in the Charter of the United Nations and in the Charter of the OAS.
39. In conformity with the instruments in force in the inter-American system, the States of the new continent should preferably submit their disputes for settlement to the regional agencies. Nevertheless, in accordance with article 102 of the Charter of the OAS and article 10 of the inter-American Treaty of Reciprocal Assistance, none of the provisions of such international instruments shall be construed as impairing the rights and obligations laid down in the Charter of the United Nations. One of the fundamental rights of all the States Members of the United Nations is the right to bring any dispute or any situation which might lead to international friction
or give rise to a dispute to the attention of the Security Council of the General Assembly, without any restriction being placed on the exercise of this right. Consequently, it is inadmissible that membership of a regional agency should prevent a State from exercising a right conferred upon it by the Charter of the United Nations.
40. One of the most urgent problems confronting the world today is that of preventing the proliferation of nuclear weapons. Accordingly the designation of non-nuclear zones is a Latin-American aspiration which Ecuador has supported since the subject was first discussed in the General Assembly, in 1962. Together with Brazil, Bolivia, Chile and Mexico, it signed the agreement to undertake the denuclearization of Latin America appearing in the declaration issued by the Heads of States on 29 April 1963 and was one of the sponsors of resolution 1911 (XVIII) adopted by the General Assembly on 27 November of the same year. It co-operated enthusiastically in both the Preliminary Meeting held at Mexico City in 1964 and the meetings of the Preparatory Commission. I now reaffirm, on behalf of my Government, its firm determination to contribute to the search for the best methods of achieving the conclusion of a treaty which will prevent the manufacture, storage or testing of nuclear or thermo-nuclear weapons in Latin America but will leave the way clear for the use of nuclear power for the economic development and well-being of its population.
41. In this matter, I must pay a well-deserved tribute to those who drew up and agreed on the draft of the preamble and of the articles on control, inspection and supervision — the representatives of all Latin America who met at Mexico City a short time ago. The Government of Ecuador considers it proper that efforts should be made to seek, not an academic definition, but a pragmatic determination of what is to be considered the Latin American non-nuclear zone; it expressed this view through its representative at the second session of the Preparatory Commission and it welcomes the unanimous invitation to Jamaica and Trinidad and Tobago to take part in the work of the Commission. I can state that my Government will examine with the greatest interest the draft documents to which I have referred and that it hopes that the Powers responsible, de jure or de facto, for administering Non-Self-Governing Territories in the Americas will accept their responsibilities and that the nuclear Powers will underwrite the future treaty.
42. The promotion of industrial development in the countries which have not yet achieved it demands enormous supplies of power. In his speech of 31 August 1964 to the Third Conference on the Peaceful Uses of Atomic Energy, held at Geneva, the Secretary-General, U Thant, to whom I pay a tribute for his devotion to the cause of humanity, spoke of the magnitude of this problem and said that only nuclear power — including, perhaps, power produced by nuclear fusion — could meet such enormous requirements. During the debate at that Conference, Australia, Czechoslovakia, Denmark and Pakistan revealed the efforts they are making to produce electricity from nuclear energy. The work being done by the International Atomic Energy Agency is also praiseworthy.
43. Nevertheless, in comparison with the use of nuclear energy for warlike purposes, the efforts of the great Powers to find means of using nuclear energy to produce the electric power which the developing States need so badly look very insignificant, particularly in view of the fact that if they were all to attain higher levels of industrialization, available resources of hydro-electric or thermo-electric power would be entirely inadequate. It is my sincere hope that the power released from the atom may be used to improve human life instead of constituting a threat of total annihilation. In this connexion, I must sincerely applaud the United States proposal, explained by Mr. Arthur Goldberg, its Permanent Representative, in his statement on the 23rd of this month [1334th meeting], to convert 60,000 kilogrammes of uranium 235, from the fissionable materials in nuclear weapons, to peaceful uses if the Soviet Union agrees to convert 40,000 kilogrammes of weapons of their choice for the same purpose.
44. The Republic of Ecuador reaffirms its unswerving adherence to the principle of self-determination for peoples. The Government of Ecuador has maintained, and will continue to maintain as an invariable feature of its international policy, its unreserved support for the right of all the peoples of the world to choose their own form of government and to pursue their economic, social and cultural development in freedom. My country has therefore condemned and still wholeheartedly condemns colonialism, in whatever form it manifests itself. I take this opportunity to welcome the three new Members of the United Nations: the Maldive Islands, Singapore and the Gambia.
45. The Republic of Ecuador bases its position on- the principle it has upheld since 1953, that the administering Powers do not exercise sovereignty over the Territories under their control. The attributes of sovereignty are maintained in a latent state, as the exclusive property of the non-self-governing peoples, to be converted into a real and effective right when they attain independence. It is therefore not possible to concede the exception claimed by some administering Powers on the grounds that such territories constitute an integral part of their geographical heritage and that, in consequence, their independence cannot be discussed without infringing the principle of non-intervention.
46. Naturally, the self-determination of peoples must be applied in conjunction with the other principles of the United Nations Charter. It is therefore subject to certain limitations, which are determined by the applicability of the other fundamental principles of international law. By virtue of this, it cannot be invoked to violate the territorial integrity or political unity of a State.
47. In analysing the principle of the sovereign equality of States, it must be borne in mind that that equality does not mean merely the recognition that all States have equal rights and equal obligations, but that it is essential to ensure that all States have sufficient power to make that right effective.
48. The rise of Africa as a community of independent sovereign nations is an event for which there is perhaps no historical parallel. Our Organization may legitimately pride itself on the fact that, thanks to the work of the United Nations and the tenacious struggle of the African peoples, independence has been attained by the great majority of African nations, which now exercise their rights as Members of this community and have made an effective contribution to the strengthening of the Organization. It is also noteworthy that, whereas in the past the birth of new nations required several generations of sacrifice and bloodshed, it has now become possible, generally speaking, thanks to the action of the United Nations and the administering Powers, to secure the emancipation of Non-Self-Governing Territories in an atmosphere of peace and harmony which provides the opportunity for international co-operation to help the new States to begin the planning of their economic and social development.
49. The Government of Ecuador reaffirms its rejection of the dependent position in which the more developed countries are striving to keep the less developed countries through behaviour which, in practice, contradicts the theoretical declarations of technical assistance and mutual aid. It is not superfluous to draw attention once more to the injustice implicit in the problem of primary export commodities, the prices of which are declining day after day, as compared with the high cost of manufactured products. Fortunately, the developing countries have managed to combine their efforts in calling for the principle of equity in their trade relations with the industrialized countries, as was demonstrated at the United Nations Conference on Trade and Development in March 1964, when those countries formed an indivisible bloc. When a suitable balance between the prices of primary products and those of industrial products is evolved, the wide gap which now separates the poor and the rich nations can be considerably reduced. In the meantime, the programmes of financial assistance are no more than drops of water which barely meet the basic needs of the poor nations.
50. One of the fundamental problems facing mankind is the lack of sufficient natural resources to meet the needs of a growing population. This imbalance is becoming apparent in all aspects of life and has assumed truly alarming proportions in the sphere of food supply. The United Nations, in co-operation with the Food and Agriculture Organization has initiated the World Food Programme in an endeavour to relieve the hunger from which millions of people in various parts of the world are suffering. It is to be hoped that the negotiations now in progress with a view to making disarmament possible will enable the enormous resources at present spent on a reckless arms race to be released gradually and devoted to improving man's living conditions, as Brazil proposed at the Eighteen-Nation Disarmament Committee [166th meeting] at Geneva and in the Disarmament Commission [79th meeting].
51. The agenda for the present session includes, as in previous years, the item "Draft International Convenants on Human Rights". Nothing gives Ecuador more satisfaction than to proclaim its unlimited support for any endeavour to improve international protection for human rights. The most delicate section of the Covenants, that referring to the measures to be adopted for the application of the principles set forth in them, has yet to be approved. The Government of Ecuador reaffirms its support for the adoption of measures to put these instruments into effect, since without them the Covenants will have no practical value and no real effectiveness.
52. States must be induced to take steps to protect human rights by making the Universal Declaration a contractual agreement the terms of which are morally and legally binding and enforceable. While speaking of human rights, I must also point out that Ecuador has at all times condemned all forms of racial discrimination. Thus it has spoken out strongly against the policy of apartheid and has advocated the granting of self-governing to South West Africa by the Republic of South Africa in conformity with the decisions of this Assembly and of the International Court of Justice.
53. I should like to conclude my statement by recalling that in a few days’ time this rostrum, from which the world’s most eminent figures have delivered their messages of peace, will be honoured by the presence of His Holiness Pope Paul VI, whose work for understanding among men is recognized by all rulers.
54. On behalf of the Government and people of Ecuador, I earnestly hope that the words of His Holiness will provide a new torch to light the way to hope, concord and peace, for which our suffering and sorrowing human race longs so ardently.