Spain, 1982

Sir, in congratulating Mr. Hollai on his

unanimous election to the presidency, I wish to

express the confidence of the Spanish delegation

in his experience and knowledge of the questions

that we shall be discussing and assure him of our

co-operation to ensure that this thirty-seventh

session will be crowned with success.

199. I should also like to congratulate the

outgoing President, Mr. Kittani, who conducted

the work of the Assembly during the past year

with a sense of impartiality and wisdom that we

all should recognize and appreciate.

200. For the first time in the history of the

Organization, the responsibility of conducting

the work of the Secretariat has fallen to a Latin

American. Spain shares the satisfaction and

legitimate pride of Peru and all the peoples of

Latin America. Today we reiterate our confidence,

already confirmed by the facts, in the political

skill of Mr. Perez de Cuellar. His experience and

ability, well known to us, have been manifested

in recent months during critical times at which

he has shown himself capable of placing his full

efforts at the service of the cause of peace with

patience, wisdom and dedication.

201. During the year that has elapsed since

the beginning of the last session of the

Assembly, it could not be said that the United

Nations has reached the goals of international

co-operation and coexistence laid down in the

Charter. In addition to problems inherited from

the past, we have seen new tension and conflicts

emerge with their tragic sequel of loss of human

lives, irreparable damage, suffering and the

development of potentially still more dangerous

situations. Unfortunately, all this casts greater

discredit upon the Organization. Both in

disarmament and in the progress of economic

co-operation, two serious questions, progress has

been practically nonexistent.

202. My country has been a member of the

Security Council for some two years. From this

position of responsibility we have been able to

take an active part in the consideration of

matters such as the Middle East conflict, the

situation in southern Africa, the crisis in

Lebanon and the problem of the Malvinas.

203. In each case, we have maintained an

absolutely independent position, based on the

application of principles of our foreign policy

in defence of the Charter and of the resolutions

adopted in the United Nations. We have constantly

endeavoured to ensure that the action of the

Council was sufficiently prompt and effective to

prevent open confrontations and loss of human

life.

204. The Spanish delegation has taken part

both in the deliberations of the Council and in

negotiations among its members and interested

parties in the solution of conflicts. When we

have felt that our initiative was necessary, we

have placed before the Council draft resolutions

inspired by those principles and by humanitarian

reasons.

205. At times our efforts have led to the

adoption of resolutions. At other times, they

have been blocked. Unfortunately, some countries

have placed greater trust in victory by arms than

in the fruits of dialogue and negotiation. We are

at least left with the satisfaction of knowing

that we have put forward appeals and proposals

for peace, negotiation and compromise when there

was still time to prevent bloodshed. Still, a

minimum of lucidity suggests that once again,

this year, the reason of force has made more

headway than has the force of reason.

206. During the past year, Spain has pursued

its course towards full membership in the

political, economic and defence institutions of

the world to which it belongs. It has done so

faithful to its European and Western vocation and

aware that the defence of its national interests

and of international peace and progress required

the full normalization of its presence in its

natural forums and aware also that through that

normalization it was serving the objectives of

equality and absolute and uncompromising defence

of its own sovereignty. These are objectives

which are best served by participation rather

than by maintaining anomalous positions of

dissociation and indirect links with those

forums. This was required by our history, our

culture and our own geographical situation and

made possible by the full restoration of the

political values of freedom and pluralistic

democracy.

207. We are taking our place in Europe and the

West. We are doing so in conditions of equality

and respect for our sovereignty, overcoming the

merely indirect relationship which previously

existed. We have done so aware that it does not

diminish but rather enhances our independence for

outside action and our capacity for activity in

the world; good proof of this has been our

involvement with the Security Council.

208. We have done so with the certainty that

our action is not directed against anyone but

only in favour of our national interests and

rightsóaware, finally, that the historic

restitution of Spain to a position of equality

with the rest of the West enriches and gives

meaning, depth and coherence to the other innate

and profound dimension of our historical being,

the Latin American dimension, and at the same

time encourages our involvement in other forums

of particular relevance, such as relations with

the Mediterranean, Arab and African nations.

209. In recent years, our relations with the

brother peoples of America have grown

spectacularly in the area of economic, commercial

and technical exchanges, cultural and educational

co-operation and Spain's presence, contacts and

full participation in the institutional framework

being shaped by that community of nations.

210. Thus, we have now become members of ECLA

and observers in the Andean Pact and we have, as

full-fledged members, subscribed to the Andres

Bello Convention this year and the Hipolito

Inanue and Simon Rodriguez conventions in 1981.

It is clear that greater involvement by Spain in

its environment enables its presence in the

Americas and the Americas' presence in Spain to

have greater depth, impetus and promise.

211. But, above all, we maintain with Latin

America a common political will, seeking to

ensure that in the United Nations and in other

international forums to which Spain belongs we

can advance and defend tin problems and just

causes of those brother nations which Spain

defends as its own.

212. These months of crises and international

problems have been particularly difficult for

Latin America. The grave situation in Central

America, with its tragic spiral of violence and

tension which threaten to spill over the borders

of the States of that region, is taking on

alarming proportions. The instability is growing

through the deterioration of national economies;,

aggravated by adverse international economic

factors and a lack of understanding on the part

of the economically powerful countries, which

reduce to cold figures the treatment of issues so

basic to Latin America as trade of commodities,

on which the development and survival of entire

peoples depend.

213. Various plans and peace proposals for

Central America have not attained the objectives

set. The coherent and reasonable plan of

President Lopez Portillo of Mexico, proposals for

Central American meetings emanating from Panama

have not reached a stage of maturity and

execution because the common horizon is darkened

by misunderstanding and violence.

214. Spain is continuing to give priority

attention to and show greater concern for the

development of the Central American tragedy. We

consider it necessary to design a pattern of

solutions based on a number of basic ideas, which

in our judgement could be the following:

rejection of so-called military solutions, which

lack effectiveness; reliance on political

negotiations involving all national forces; an

appeal to the principle of non-intervention,

which must be applied strictly in Latin America

to ensure that each people can determine its own

fate; a willingness to assist in the

consolidation of democratic and pluralistic

alternatives, convinced of the need to organize

peaceful coexistence on the basis of a respect

for life and freedom and the requirements of

social justice; and unequivocal and

indiscriminate condemnation of the violation of

human rights, without any territorial or

ideological exceptions.

215. In affirming these ideas the Spanish

Government will always be ready to contribute its

efforts and determination, as we have said before

in United Nations forums and as we publicly

proclaimed in the Bogota Declaration last August.

Spain understands the deep roots of the problems

of these nations. We feel these problems as our

own, and we know that it is unrealistic to trust

that the course of time or unilateral formulas

will resolve them, because the Central American

situation needs solutions urgently, before it

deteriorates into a conflict affecting the entire

area and becomes one of the major focal points of

world crisis.

216. The renewed Central American tragedy is

even more regrettable in that it is avoidable.

All that is necessary is a collective commitment

to respect borders; to give Central American

States the assurance that there will be no

interference and that there will be

self-determination for their peoples; to refrain

from sabre-rattling, which makes neighbouring

countries nervous and causes them to give the

acquisition of weapons precedence over the

satisfaction of social needs; to make the

necessary effort to modernize their societies and

encourage scrupulous respect for human rights. If

we all dedicate ourselves to the task of

encouraging the restoration of social and

political balances, facilitating negotiation

between democratic and representative forces and

avoiding the possible dead-end of armed

confrontation and political polarization, we

shall have embarked upon a road leading to peace

and stability in the entire zone. The Spanish

Government whole-heartedly desires that peace and

stability and is prepared to co-operate fully,

together with sister republics of Latin America,

in the achievement of that noble objective.

217. Another focal point of tension in Latin

America has been in the South Atlantic, where a

colonial situation has led to bloodshed and a

tragic war. The Spanish Government has followed

with concern and anxiety the development of the

armed conflict in the Malvinas, a confrontation

which should never have happened and which could

have been avoided if appeals for dialogue and

negotiation, insistently repeated by Spain, had

been heeded. It is well known that my country

made a number of attempts, both bilaterally and

internationally, to halt the escalation towards a

senseless and anachronistic war, in an effort to

avoid bloodshed, the enormous material losses and

the opening of a huge abyss of resentment and

misunderstanding between Latin America and

Europe. The Secretary-General and other countries

joined in this effort, but our appeals were not

heeded, with the disastrous consequences of which

we all know.

218. It is now our duty, since it was

impossible to avoid war, to redouble our efforts

to ensure peace in the future. To that end Spain,

which opposed the use of force as a means of

settling international disputes from the

beginning of the crisis, considers it

indispensable that negotiations on the substance

of the problem be opened, the substance being

none other than decolonization of the Territory,

in order to achieve a diplomatic solution which

would contemplate the restoration of the

territorial integrity of Argentina and

safeguarding and guaranteeing the legitimate

interests and rights of the population of the

Malvinas. This is the only way we can

definitively eliminate the roots of a conflict

which would otherwise become a permanent source

of tension and destabilization throughout the

region, with the foreseeable negative impact on

relations between Europe and Latin America, which

we believe must be harmonious and must be

improved.

219. In recent months the situation in the

Middle East has continually worsened. Despite the

existence of some positive elements, such as the

recovery of the whole of the Sinai by Egypt,

other developments, such as the illegal

annexation of the Golan Heights and, more

recently, the brutal armed intervention by Israel

in Lebanon, with its consequent tragedies, have

posed a constant challenge to the international

community and have seriously disturbed the

conscience of mankind.

220. Spain has co-operated actively in the

Security Council in the search for a solution and

humanitarian activities to alleviate the

sufferings of the Lebanese and Palestinian

peoples. The results achieved have been modest.

The resolutions of the Security Council, which

are binding upon all Member States, have remained

ineffective. We have seen the powerlessness of

the Organization to prevent the invasion of

Lebanon, the assault upon Beirut and, in a

context in which the horror of the deed was much

greater than any political consideration, the

sacrifice of hundreds of innocent victims in the

Palestinian refugee camps, an act of barbarism

such as we had thought was a thing of the past.

221. In the ruins of Beirut and the renewed

tragedy of the Palestinian people, however, some

elements can be perceived that would seem to

point towards the beginning of a solution. For

many years Spain has stated in this forum that

any solution to the Middle East conflict must

necessarily include recognition of the national

rights of the Palestinian people.

222. The principles of Security Council

resolution 242 (1967) remain valid and include

withdrawal from all the occupied territories and

the right of all States of the area to live in

peace within secure and recognized boundaries, a

right which Spain accepts, recognizes and

respects and from which it excludes none. But

together with this recognition it is necessary to

view the Palestinian phenomenon in its full

dimensions. Spain welcomes the new proposals,

especially the Arab plan prepared in Fez, with

optimism. These are gaining growing acceptance as

containing all the political elements necessary

to ensure a just, lasting and comprehensive

solution to the Middle East problem.

223. Spain seeks to intensify its co-operation

with all the countries of Africa, being closely

involved with the problems affecting that

continent. We feel ourselves linked with those

countries, more especially the northern African

countries, for reasons which go beyond immediate

geographical proximity, including the old

historical and cultural ties which unite us with

the Arab nation.

224. Spain's determination to maintain

permanent and fruitful co-operation with the

neighbouring countries of the Maghreb is well

known, as is our desire to ensure that the

problem of Western Sahara is solved to the

satisfaction of all parties, in accordance with

the principles and resolutions of the United

Nations and the OAU and the expression of the

will of the people.

?25. We believe that a decisive role must be

played by the OAU in the solution of the problems

of the continent and in eliminating the tension

existing today. Spain's determination to

co-operate in the African continent, expressed

both in our political statements and in our

growing links of co-operation wit: various

countries of that continent, is of signal value

in the case of the Republic of Equatorial Guinea,

a Spanish-speaking African nation now going

through a vital stage of renovation of its

political institutions with the approval by

referendum of a new constitution and is making

great efforts for economic development and

reorganization. Spain views with satisfaction the

convening, under the auspices of the United

Nations, of a pledging conference for that

Republic, a conference in which it took an active

part. It will continue to enhance its links of

co-operation with that nation, always adapting

them to the will expressed by the people and

Government of that nation, in strict respect for

its options, its independence and its sovereignty.

226. With respect to the problem of Namibia, we

view with concern the fact that our hopes for an

imminent settlement are now meeting with new and

growing difficulties. Spain considers necessary

the immediate implementation of the plans for the

independence of the Territory contained

essentially in Security Council resolutions 385

(1976) and 435 (1978), whose principles and

provisions we support.

227. We reiterate our rejection of the heinous

practice of apartheid which constitutes not only

a flagrant violation of human rights but a source

of grave tension endangering peace and security

in the Region and representing a permanent

challenge to the Organization.

228. With regard to the problem of Cyprus, we

favour the continuation of all efforts to

relaunch, under the auspices of the Organization,

the intercommunal dialogue upon which the future

of peaceful coexistence favouring the economic

development of the Cypriot people must be based,

in order to ensure that a satisfactory solution

may be achieved on the basis of respect for the

sovereignty, independence and territorial

integrity of Cyprus.

229. In other areas of the world there remain

tension and armed confrontations to which the

Organization must attempt to put an end. The war

between Iraq and the Islamic Republic of Iran, to

cite only one example, has now lasted for more

than two years, with enormous losses of human

lives and suffering for both parties. The Spanish

Government views with distress and concern this

conflict between two friendly countries and is

prepared to support every effort designed to

achieve a solution.

230. With regard to Afghanistan, three years

after the invasion there is still no glimpse of a

solution to this foreign armed intervention which

we have repeatedly denounced. We must continue to

insist on the exercise of international pressure

to bring about the liberation of Afghanistan.

Therefore we hope that the General Assembly will

reiterate its resolutions demanding the

withdrawal of the foreign military forces and

calling for the restoration of Afghanistan as a

free and independent country.

231. In Gibraltar there persists a situation

which must be brought to an end according to the

recommendations of the United Nations, through

negotiation between Spain and the United Kingdom.

This principle has been accepted by the British

Government, which, in signing the Declaration of

Lisbon^ committed itself to resolving through

negotiation with Spain all differences concerning

Gibraltar, in a spirit of friendship and in

conformity with relevant resolutions of the

United Nationsóa commitment that was reiterated

on later occasions.

232. The climate of dialogue and

understanding, the favourable climate which must

necessary precede or accompany a negotiation

which for us is of decisive importance, was

modified by subsequent events which have brought

about postponements. There have been

circumstances that have affected negatively the

intensity, the earnestness, the seriousness and

the depth which these negotiations require. The

course of authentic negotiation is the course

that Spain has long since chosen, in conformity

with the United Nations decisions and parallel

with activities in other forums, it is also the

only possible course. We are convinced that the

persistence of a situation such as this is

contrary to the purposes and principles of the

Charter, as the Assembly has repeatedly declared.

We also believe that two democratic countries

such as Spain and the United Kingdom must resolve

this problem by the civilized method of dialogue

and negotiation. However, the negotiation must be

authentic and conducted m good faith, and cover,

of course, all the elements of the problem and

essentially the one constituting the very root of

the dispute: the question of sovereignty. Any

attempt to avoid that element because of

temporary circumstances, however strong the

passions aroused, would constitute a grave

responsibility and could endanger the process of

resolving the problem as it has been set forth.

233. With regard to the population of

Gibraltar, I wish to reiterate once more that

Spain accepts the idea that its interests must be

borne in mind and fully safeguarded in the

negotiations and that the preservation and

promotion of their well-being and the protection

of their rights must also be part of the solution

of the problem. The Spanish Government has no

hostility towards that population, nor has it any

intention of interfering with its citizenship or

any other questions of that nature in its

relations with the United Kingdom.

234. Spain has the irrevocable objective of

restoring its territorial integrity by

recovering? through negotiations with the United

Kingdom, that portion of its territory, while

preserving the interests, rights and well-being

of the population. This has been the doctrine of

the United Nations, according to which the

principle of territorial integrity, enshrined in

paragraph 6 of the Declaration in Assembly

resolution 1314 (XV), is applicable in this case,

taking precedence over any other criterion. This

doctrine has been estate listed by the United

Nations in an irreversible dear and manifest

manner for the solution of this problem.

233. I wish to refer to various matters which

demonstrate both the essential nature of the work

we are doing in the Organization and the lack of

effectiveness -chat the Organization has,

unfortunately, had in recent years.

236. The first is the matter of human rights,

which by its very nature is the ultimate goal of

all political activity and of all organizations

such as this one. Proper observance of human

rights is the key to the peaceful solution of

national and international problems.

237. Spain values respect for these rights

nationally and internationally, with the

intensity and passion of one who has recovered

something he lost. The constitutional recognition

of the value of international and European claims

in this matter, the acceptance of all mechanisms

for monitoring at the international and European

levels, the full participation and assumption of

initiatives in every facet of the work of the

Council of Europe, the United Nations and other

bodies in these fieldsóthese are clearly well

known and demonstrate the sincerity of our

position. There remains a great deal to be done

in the protection and safeguarding of human

rights, removing this question, as I have said

before, from the geographical or ideological

limitations with which it is sometimes viewed,

limitations which because of their basic

insincerity prevent effective progress from being

made.

238. The first human right is the right to

life, a right which is being infringed every day

by terrorists. Terrorism crosses all borders and

there must be international co-operation in order

effectively to combat it. On previous occasions

we have spoken of that necessity and, more

specifically, I stated the following to the

Assembly at the thirty-sixth session:

"... we cannot compromise with terrorists without

endangering peace. No one can claim to be

persecuted for political reasonsóan allegation

all too often made by the terroristóif that

person is free in a free political society.

Wherever political change can be sought without

risk through regular elections allowing free

expression of every option, none can claim to be

persecuted for political reasons. There are no

political offenders in a real democracy: if it is

a democracy they do not exist; if they exist it

is hot a democracy.

"It is abnormal to impose by force a nonexistent

and brutal 'right' to kill and to seek protection

outside one's borders, claiming that political

freedom is needed when it already exists."

239. That co-operation for which I appealed

last year is something that we have called for

and sought firmly and emphatically, in all its

dimensions and in all forums in which we are

represented. In European and Western forums, as

in international organizations, we have

contributed to creating sensitivity to and

arousing awareness of the immoral and obnoxious

character of terrorism and of its serious social

and political aspects. The progress achieved,

however, should not lead us to forget the

continued existence, in increasingly isolated

cases, of indifference or lack of solidarity, the

explanation of which can only lie in

short-sighted and suicidal egoism, and which is

particularly serious and painful when the

countries concerned have common borders.

240. Another aspect which an international

organization must constantly bear in mind in

dealing with human rights is the situation of

immigrants. If there is a group of human beings

who, together with refugees, deserve

international understanding and protection they

are immigrants. Spain will continue to work for

the adoption of a set of clear and precise rules

effectively protecting the rights of immigrants

and foreign workers, who need legal protection,

social solidarity and economic security. The

Government of Spain has presented specific

proposals and working documents to the General

Assembly designed to bring about a speedy

international agreement guaranteeing the rights

of migrant workers.

241. Not only has the international economic

picture failed to improve but all indicators

suggest that it may deteriorate still further in

coming months. The financial crisis which

threatens to distort the entire international

monetary system and imbalances in commodity

markets which affect the most vulnerable

economies are leading the least developed

countries into increasingly untenable situations.

242. Spain favours global negotiations conducted

within the framework of the United Nations. The

preparations for the negotiations should be open

to all States concerned to avoid the danger of a

repetition of the problems that arose in

connection with the North-South dialogue. The

experience of recent years has demonstrated the

interdependence of the different economies, which

are affected by global problems which can only be

solved through proposals and negotiations in

which all the interested parties are involved.

243. It is obvious that one of the reasons for

the economic difficulties is the arms race. In

this field Spain, as is evident and is recognized

by all, has made national defence, politically,

internationally and militarily, genuine defence,

without threatening anyone, and proclaims its

concern about the arms race as well as the

evasiveness and insincerity of those who really

could contribute to disarmament.

244. The Government of Spain has taken many

initiatives in this field and supports all

initiatives which, based on realism and the

effective preservation of security and balance

and not on Manichean consideration or the desire

to spread propaganda, could lead to progress in

this field.

245. On 12 October the decade that will

culminate in 1992, the date which will mark the

five-hundredth anniversary of the discovery of

America, will begin. When on that dawn in 1492

the three Spanish vessels reached the coast of

America, communication was established between

the old lands of Europe and a fabulous new

continent which its discoverers called the New

World. The earth became round and history became

universal.

246. Let me recall that event to the

Organization the very aim of which is

universality. The role played by Spain in that

discovery justifies my mentioning to the Assembly

now a proposal by the Dominican Republic that the

Assembly declare the year 1992 the year of the

five-hundredth anniversary of the discovery of

America. The Spanish Government supports and

welcomes that initiative without reservation.

247. We believe that the responsibility for

commemorating the five-hundredth anniversary of

the discovery should be universal, so as to bring

to every comer of the world and to the mind of

all the memory of the American past, its present

reality and its future promiseóa future in which

Spain sees one of the great hopes of our time.