Libya, 1994

On behalf of my country and

in my own behalf, it gives me great pleasure to congratulate

you, Mr. President, on your election to the Presidency of

the General Assembly at its forty-ninth session. The fact

that you belong to our beloved continent, coming as you do

from a country bound with my own by bonds of

brotherhood and relations of friendship and cooperation is

a source of added pride to us in your assumption of this

high office. My delegation is confident that, familiar as

you are with the work of the United Nations, and with your

extensive experience in the field of international relations,

you will be able to steer this session to a successful

conclusion. I should also like to seize this opportunity to

express my delegation’s appreciation of your predecessor,

His Excellency Ambassador Insanally, for the wisdom he

displayed, the efforts he made and the initiatives he took to

reform the United Nations and enhance its role. Further, I

wish to express our gratitude to Mr. Boutros Boutros-Ghali,

the Secretary-General, for his tireless efforts to strengthen

our Organization so as to enable it to face the numerous

crises that beset the international community.

The international situation witnessed many

developments during the forty-eighth session. The will of

the people of South Africa has triumphed after a long

struggle and great sacrifices. It is indeed heartening to

see in our midst today the delegation of South Africa,

representing a united, democratic and non-racial country.

Brotherly Yemen has survived its transient crisis and

remains one united country, whose citizens are working

with more determination and greater expectations, to build

the modern State of Yemen. Along with these

developments, tangible progress has been recorded in the

implementation of the Peace Accord in Mozambique.

Moreover, the artificial tension in the Korean peninsula is

now subsiding. We are hopeful that the difficulties

relating to the reunification of the Korean peninsula will

be overcome through dialogue to be entered into on equal

footing.

Such developments are a source of satisfaction and

we greatly welcome them. However, they do not mask

the gloomy points of the wider picture of the international

situation. Many disputes still await a solution. The

outbursts of nationalist passions, ethnic chauvinism and

power struggles in the absence of any power among the

people, have led to the outbreak of new regional conflicts.

Although some of these conflicts are getting closer to a

solution, as is the case in Liberia, where the conflict is

heading towards a permanent solution, the international

community must still support national reconciliation

efforts in Afghanistan, overcome the setbacks to the peace

efforts being undertaken in the Balkans, consolidate the

role of the United Nations in establishing peace in that

region and guarantee the legitimate rights of the parties to

the dispute there.

The international community is also called upon to

renew its efforts aimed at reaching a satisfactory solution

to the problem of Cyprus. It must encourage peace talks

on Angola and support work towards a negotiated

solution in sisterly Somalia, in addition to demonstrating

increased solidarity to alleviate the tragedy of the

Rwandan people. It must also make more efforts to solve

the problem of Kashmir on the basis of bilateral

agreements and the relevant United Nations resolutions in

particular.

In the interest of stability in the Persian Gulf region,

my country stresses the importance of the unity and

territorial integrity of Iraq, and calls for an end to all

interference in its internal affairs. We also consider that

the sanctions imposed on Iraq, which cause suffering to

the Iraqi people, should be lifted, since the reasons for

these sanctions are no longer valid. Their continuation

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can only mean a grave injustice aimed at the destruction of

the Iraqi people and the extermination of large groups of its

population.

The United Nations has adopted many resolutions on

the Question of Palestine, all of which acknowledge the

right of the Palestinian people to return to their homeland

and to exercise the right of self-determination. Although

the United Nations has repeatedly reaffirmed these

resolutions for more than 40 years, the Palestinian question

still awaits a solution, the Palestinian people remain

displaced and their rights are systematically and

continuously violated. This proves that the so-called

ongoing peace process lacks the elements necessary for any

comprehensive settlement. This also shows that the

resolution of the Palestinian question and the establishment

of comprehensive peace in the Middle East cannot be

realized merely by returning Gaza back to its status as a

municipality and adding Jericho to it, but must rather come

about through the liberation of all occupied Arab territories

including the Syrian Golan and the acceptance of a

democratic solution that would meet all the rights of the

Palestinian people, including their right to return to their

homeland and establish their own independent State.

A few months ago, we celebrated the historic victory

of the people of South Africa. It is no coincidence that the

struggle of the Palestinian people is in many ways similar

to that of the people of South Africa, and that many of the

acts of heroism of both peoples echo each other. The

solution that made it possible to build a united, democratic

and non-racial state in South Africa offers a model for

resolving the question of Palestine through the

establishment in Palestine of a democratic non-racial State

with Al Quds as its capital, where Arabs and Jews can live

together. This is the proper solution, without which it

would be impossible to reach a just and lasting peace that

serves the interests of both Jews and the Palestinian Arabs.

The numerous changes witnessed by the world after

the cold war have created opportunities to build a more

stable and secure world. However, the hopes of the

peoples of the world for greater and better understanding

and for wider cooperation have started to wane. The

experience of the past few years has caused deep concern

regarding some developments. Some States have begun to

try to impose their control and to expand their hegemony,

using their power and influence in utilizing international

organs to implement their plans, and using them,

particularly the Security Council, as a tool to punish those

countries which abide by their principles and adopt

independent policies and positions. This was the very

context of the dispute between my country and France,

Britain and the United States of America in what has

become known as the Lockerbie crisis. This problem was

raised, pushed arbitrarily through the Security Council,

and dealt with under Chapter VII of the Charter, which is

not applicable in this case since Libya has not threatened

anybody and has never acted in a manner that jeopardized

international peace and security. The whole issue is

merely the suspicion that two Libyans may be connected

to the Pan Am flight 103 incident.

Aware as it has been all along of the motivation

behind this entire issue, my country has shown sincere

readiness to cooperate in uncovering the truth and

circumstances of that incident. We have taken the

necessary judicial measures consistent with the Charter of

the United Nations and international law, with only one

proviso, that they do not involve any violation of Libya’s

sovereign rights.

Although the Security Council was pushed into the

adoption of resolution 731 (1992), Libya did declare its

readiness effectively to cooperate in the implementation

of that resolution. In that respect Libya took practical

steps that were widely welcomed by numerous

organizations, including the League of Arab States, the

Organization of African Unity, the Organization of the

Islamic Conference, and the Non-Aligned Movement. It

was our hope that the three States concerned would take

that into consideration and respond positively to the

requests of Libyan authorities for cooperation in

completing the investigation. However, the three States

concerned responded in an entirely different way. Instead

of accepting the initiatives calling for dialogue and

negotiation, and showing flexibility in dealing with the

other aspects of the crisis, by reconsidering Security

Council resolution 748 (1992) with a view to lifting the

sanctions imposed on the Libyan people, instead, they

resorted to the Security Council once again and, using

their influence, managed to persuade it to adopt resolution

883 (1993), tightening the sanctions imposed by

resolution 748 (1992).

The argument invoked by the three States concerned

to justify maintaining the sanctions and the threat even to

tighten them further, is that Libya has not complied with

the requirements of Security Council resolution 731

(1992). And when these States are confronted with the

fact that the Jamahiriya has really complied with these

10

requirements, their officials, and particularly British and

American officials, answer with the words "Libya knows

what is required of her". Officials in both countries have

repeatedly used this phrase to such an extent that we are

convinced that the aim behind the raising of the Lockerbie

incident is not to uncover the truth and the circumstances

of the issue but rather to achieve premeditated political

objectives. Indeed, if the aim had really been to bring

Libya to comply with the requirements of resolution 731

(1992), that aim has been fully realized. Libya has taken

the legal measures necessary to pinpoint responsibility for

the terrorist acts perpetrated against both American and

French planes. Libya has requested the three States

concerned to cooperate in completing the investigation in

this respect. Libya has even invited neutral bodies to

follow it up and international and humanitarian

organizations to monitor its fairness. My country has

cooperated with the French judge in charge of the

investigation aimed at determining responsibility for the

explosion aboard French UTA flight 772. Contacts in this

respect still continue. My country has also cooperated with

the Government of the United Kingdom in trying to

uncover certain elements accused by the British

Government of involvement in terrorist acts. To this end,

several meetings were held between the Libyan and British

sides. Today, we are very glad to see that negotiations

have already started between Britain and the political and

military wings of the Irish Republic Army (IRA) and that

an agreement has been signed by the two parties. Now the

leaders of the IRA are being received and welcomed at the

highest level in both London and Washington with a view

to holding negotiations with a view to ending the dispute

and all its side effects.

Libya has condemned international terrorism in all its

forms and declared its readiness to commit itself to

whatever measures are adopted by the international

community to combat this scourge. Libya has also severed

all its relations with all groups and organizations suspected

of being involved in terrorist acts. Libya has emphasized

that it will not allow its territory, citizens or institutions to

be used for such acts whether directly or indirectly. We

have declared our readiness to punish severely whoever is

proved to be involved in any terrorist acts. Libya has also

declared that there are no terrorist training camps on its

soil. It has repeated its invitation to the Security Council,

or any international body mandated by the Council, to

verify this. All these practical measures confirm the extent

of my country’s seriousness in stamping out the

phenomenon of international terrorism. This seriousness

has been reflected in the call by the Jamahiriya for the

convening of a special session of the General Assembly to

be devoted to the study of the causes and dimensions of

this problem and its support of the proposal to convene an

international conference to define terrorism, including

State terrorism, and the means to eradicate it in all its

forms. It is State terrorism with which Libya is now

being threatened at the hands of a State which is a

permanent member of the Security Council. That State

has abducted Libyan prisoners of war from Chad and is

now training them and equipping them to undermine the

security and stability of Libya. This is the same terrorism

to which Libya fell victim in 1973 when Israeli planes

intentionally shot down a Libyan civilian airliner, killing

all 108 passengers aboard; and also when the United

States of America in 1986 bombed Libyan cities while

people were asleep in their beds and caused great loss of

life and damage to property. Later it was revealed that

the acts used by that State as a pretext for its aggression

were unfounded.

The Libyan Arab Jamahiriya has spared no effort in

trying to resolve the dispute, including trying the two

suspects in the Pan Am flight 103 incident, although the

matter has been predetermined by the 1971 Montreal

Convention which gives Libya the right to try the two

suspects itself. However, the refusal by Britain and the

United States of America to abide by this Convention, to

which they are both parties, has prompted Libya to seek

other ways of holding the trial. Thus, Libya offered to

resort to the International Court of Justice or to surrender

the two suspects to the United Nations office in Libya for

investigation. Libya has also proposed that the Secretary-

General of the United Nations should establish a fact-

finding legal commission to verify the seriousness of the

accusations, including carrying out a comprehensive

investigation. Competent Libyan authorities referred the

matter to the basic popular congresses which constitute

our legislative authority and they in turn made the

decision that they had no objection to letting the two

suspects stand trial before a fair tribunal to be agreed

upon. Proceeding from this, my country declared its

readiness to enter into negotiations with the States

concerned under the supervision of the Secretary-General

of the United Nations on the trial to be held in a place

agreed to by all parties concerned where full guarantees

would be available to establish the truth, indeed the very

aim of Security Council resolution 731 (1992).

Recently, new information on the American aircraft

incident has been uncovered, including a book entitled

Tracking the Octopus by Coleman and Donald and the

statements by the manager of a Swiss electronics

company. These new revelations obliterate the central

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element on which the accusations against the two Libyan

citizens was based. Despite all this, Libya maintained its

cooperation in trying to identify all the circumstances

surrounding the incident. On this basis, Libya accepted the

proposal of the Council of the League of Arab States

contained in its resolution 5373 of 27 March 1994. That

proposal called for trying the two suspects by Scottish

judges under Scottish law at the seat of the International

Court of Justice. Even after new information was revealed

by the Palestinian citizen, Yousef Shaaban, before a

Lebanese Court, Libya did not hesitate to go ahead with the

trial and did not waver in its declared readiness to accept

any verdict emanating from such a trial.

This, once again, underlines the fact that the Libyan

Jamahiriya has no objection to the trial of the two suspects.

All that Libya wants is for the trial to be fair and just, free

from any emotional or media influences, and with the

availability of all guarantees consistent with the norms of

legality and international law, which Libya has observed

and applied. The International Court of Justice (ICJ) can

testify to this, since that Court has considered, over the past

10 years, three cases to which Libya was a party. The ICJ

decided the case relating to the continental shelf between

Libya and Tunisia, and both parties fully implemented the

ruling of the Court. The same happened in the case of the

continental shelf between Libya and Malta; once again the

two parties implemented the ruling of the International

Court of Justice. This year, the Court decided the territorial

dispute between the Jamahiriya and Chad. Though the

ruling rejected Libya’s demands, the Jamahiriya did

implement it in a constructive spirit that was welcomed and

appreciated by both the Security Council and the Secretary-

General. This shows the extent of my country’s

commitment to and respect of international legality,

something that great powers pay lip service to but never

apply. These States refuse even to appear before the ICJ,

since they believe in the legality of force and not the force

of legality.

Most international and regional organizations have

renewed their appeal to the three States to accept the

initiatives calling for dialogue and negotiation, with a view

to reaching a peaceful settlement to the crises. Those

organizations, including the 11th Ministerial Conference of

the States Members of the Non-Aligned Movement and the

60th Session of the Council of Ministers of the

Organization of African Unity, welcomed Libya’s

acceptance of the Arab League’s proposal. This august

Assembly, which includes all States represented in those

organizations, is now called upon to show its appreciation

of Libya’s position, Libya’s steps and initiatives and the

proposals that we have accepted. It should call on the

three States concerned to show flexibility and enter into

dialogue with the Jamahiriya with the aim of reaching a

peaceful settlement to this problem. This Assembly is

also called upon to express its support of these demands,

so that the Security Council will reconsider its resolutions

on the crisis and lift the unjust sanctions. It is absurd and

ignorant to depict the sanctions as being against the

Libyan Government, because in Libya there is no

Government as such. The power is in the hands of the

people, who now suffer the consequences of these

sanctions - for example, the crash of a Libyan civilian

aircraft in 1992, leading to the death of all 157 civilians

aboard, as a result of the ban on spare parts.

Furthermore, 1,622 people have been killed in car

accidents, and 350 people, most of whom were children,

old men and women died as a result of delays in moving

them abroad for medical treatment. These sanctions have

also caused economic damage estimated at $4.5 billion.

These damages are detailed in official document

S/1994/921.

Before the Second World War, and following the

end of that war, the Libyan people suffered and continue

to suffer all sorts of pressure, troubles and pains. We

have been subjected to colonialism in its worst form: a

Fascism that wreaked havoc in our country, killing,

displacing and exiling countless numbers of our citizens.

Against our will, we had to be a theatre of war between

the colonial powers, a war that was fought on our soil

and for which we were the fuel. That war’s mines are

still buried in our soil, in our farms and under our homes.

From time to time, these mines explode and kill innocent

people. In previous sessions of this Assembly, my

country has repeatedly called on the States concerned to

cooperate with us in removing these mines. Today,

7 October, coincides with the commemoration of the

Libyan people of the 25th anniversary of the evacuation

of the last Fascists who had settled in Libya and

oppressed its people. Once again I repeat my call and

urge the States concerned to respond positively to the

resolutions of the General Assembly, instructing them to

provide the necessary information on mines, give

technical assistance in removing them, and pay

compensation for the losses they have caused. This may

also be a good opportunity to remind the imperialist states

that occupied our lands for over 40 years that we have

not forgotten the ruin and destruction they left behind.

I should also like to announce that my country,

through this Assembly and other forums, will seek to

compel colonialist states to pay fair compensation for the

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resources they have looted and the wealth and money they

have plundered from our country. The peoples of the world

are called upon to adopt a historic resolution, through this

Organization, condemning colonialism and forcing former

colonial powers to compensate their former colonies, in

order to prevent the re-emergence of colonialism and

prevent the powerful from once more blackmailing and

oppressing the weak.

The Libyan Arab Jamahiriya welcomes efforts aimed

at enhancing security and cooperation in the Mediterranean

region. We voice our satisfaction with the initiatives whose

objective is to enhance economic, social, cultural and

environmental cooperation in the region. Libya calls for

taking all measures necessary to remove all causes of

tension in the area, especially through the withdrawal of

foreign military fleets whose continued presence jeopardizes

peace and security in the Mediterranean, which in turn are

closely linked to international peace and security. The

Arab Maghreb Union has achieved tangible progress on the

road towards economic integration among its countries and

towards the consolidation of the underpinnings of

development in these countries. It has also opened new

channels of cooperation with organizations in the areas to

which we belong both geographically and culturally. Libya

welcomes those steps and expresses the hope that the

Maghreb Union will succeed in playing a similar role with

its counterpart organizations on the other side of the

Mediterranean, beginning with the intensification of

contacts and meetings, as well as active dialogue with the

institutions concerned, on a basis of equality and common

interests in a manner capable of responding to the concept

of joint development and the collective responsibility for

maintaining peace and strengthening cooperation on the

shores of the Mediterranean.

In view of the stability of the political system in the

Jamahiriya and its importance as an economic market, it

would be impossible to marginalize or ignore its role in any

cooperation between the shores of the Mediterranean if

such cooperation is achieve its objectives, at the forefront

of which is serving the peoples of the region and achieving

their prosperity.

Some progress has been registered recently in the field

of disarmament. This is a welcome development. Libya

looks forward to more international cooperation with a view

to destroying nuclear, chemical and biological weapons, as

well as other weapons of mass destruction. We look

forward to the banning of the development, stockpiling and

use of all such weapons. My country also hopes that more

efforts will be made to conclude a treaty on making Africa

a nuclear-weapon-free zone and the activation of the

initiative aimed at making the Middle East region free

from weapons of mass destruction. The Libyan Arab

Jamahiriya is a party to the nuclear Non-Proliferation

Treaty. We hope that the preparatory committee for the

1995 review conference will, in its next session, reach an

understanding that takes into consideration the concerns

of all parties to the Treaty, especially as regards its

extension. My country still has some difficulty in

accepting an indefinite extension of the Treaty, because

such an extension does not take into account several of

our concerns, including the unavailability of credible

security guarantees for non-nuclear-weapon states.

Furthermore, the area in which we live suffers from a

security imbalance, resulting from Israel’s acquisition of

nuclear weapons and its non-adherence to the

non-proliferation regime. It has not acceded to the

Treaty, nor has it signed a safeguard agreement with the

International Atomic Energy Agency (IAEA). That is

why my country would like to emphasize that it is

essential to address these concerns at the time of

considering the extension of the Non-Proliferation Treaty

in 1995.

Respect for and protection of human rights is one of

the fundamental underpinnings of Libyan policy. This

has been demonstrated in various forms which included

the setting up of the International Committee for the

Qaddafi Human Rights Prize and the adoption of the

green document on human rights and basic human

freedoms. Libya is determined to support and contribute

to all international efforts aimed at guaranteeing the

effective enjoyment of human rights. We thus welcome

the conclusions of the Vienna Conference, which

constitute a step on the road to the support and

enhancement of human rights. That human rights

Conference rejected the manipulation of human rights and

their use as a tool of political pressure. This universally

adopted principle must be respected, especially by States

that selectively raise problems related to human rights.

The international community must stand up to any

attempt by any State or group of States to exploit human

rights as a means of interfering in the internal affairs of

other States. It must also oppose any attempt by any

State or group of States to distort the principles and

values of other peoples or to promote the principles and

values of such States or groups of States as the only

proper values that should be embraced by all peoples.

The international community’s hopes for a secure

and stable world cannot be realized without addressing

economic problems, particularly in the developing

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countries, where economies continue to face difficulties as

a result of the aggravation of the problem of external debts,

the application of protectionist trade policies, the imposition

of harsh conditions for their importation of advanced

technology, the deteriorating prices of raw materials and the

continued attempts to impose new taxes, such as the carbon

tax, which could hurt not only the economies of the oil-

exporting States but also those of oil-importing countries.

We believe it is impossible to solve these problems

effectively unless the international community deals

seriously with and puts an end to the erroneous practices

that continue to characterize international economic

relations. Such practices include coercive economic

measures, such as the freezing of assets and the

confiscation by certain developing countries of the property

of a number of developing countries, including my own.

Such measures constitute an impediment to growth, aside

from the fact that they run counter to the Charter of the

United Nations, norms of international law and the

resolutions of the General Assembly.

The General Assembly is the natural place for

Member States to exercise their rights and express their

views on the initiatives aimed at reforming the United

Nations. In the course of the last session, we followed with

keen interest everything that was achieved in this regard.

My country expresses its satisfaction at the progress made

towards revitalizing the activities of the General Assembly

and the establishment of an effective working relationship

between the Assembly and the Security Council. We hope

future efforts will result in an increase in the membership

of the Security Council based on equitable geographical

distribution. To our mind, this process must be

accompanied by measures to remove obstacles to the proper

functioning of the Council, such as the privilege of veto

power, and improvements in its working methods so that it

can function in accordance with the principles of the

Charter and, eschewing double standards, deal consistently

with all issues.

If we examine past Security Council practices we shall

find that while the Council showed interest in trying to

secure commitment to the nuclear Non-Proliferation Treaty,

it has turned and continues to turn a blind eye to Israel,

which has not acceded to the Treaty and actually possesses

200 nuclear warheads. Furthermore, the Security Council

has insisted on invoking Chapter VII of the Charter in cases

to which it is not applicable, while at the same time failing

to invoke Chapter VII in the case of Israel, despite its

defiance of United Nations resolutions and its continued

occupation of the territories of States Members of the

United Nations. The Council kept silent on the Israeli

refusal to withdraw from southern Lebanon and on the

massacres perpetrated against the Palestinians, such as the

one in Hebron’s Al-Haram Al-Ibrahimi Al-Sharif - the

Mosque of Abraham - where, in an act of terrorism, a

fanatical Zionist settler, trained in an American camp,

killed over 50 Palestinians while they were praying.

My country believes that, in the context of reforming

the Security Council, the Council must be neutral and

give none of its members a chance to dominate it or steer

it towards serving its own interests, as has been the case

in so many instances, the latest of which was the

Council’s granting of permission to one of its permanent

members to invade an independent State Member of the

United Nations, the Republic of Haiti. It has been said

that the objective of that action was to restore democracy

and protect human rights. If this were true, why was

there no such action in the past, when the people of that

country were suffering under the yoke of a repressive

regime, subjected to the most vicious violations of their

human rights? What happened was a flagrant violation of

the Charter, an act of aggression against the inviolability

of an independent country. It also establishes the

dangerous precedent of giving permission to a State,

unhappy about waves of immigrants reaching its shores,

to occupy the land where the immigration originates.

Libya cannot afford to overlook this invasion or

keep silent about it, first, as a matter of principle and,

secondly, because Haiti has a special place in our history.

Forty-five years ago Haiti played a decisive role in a

matter of interest to us. Its deciding vote won the

adoption of the General Assembly resolution on Libya’s

independence.

At this time next year, the celebration of the fiftieth

anniversary of the United Nations will begin. While

developments in recent years have revealed some

weaknesses in some of the United Nations organs’

handling of dispute settlement and crisis management, this

cannot be attributed to the Charter but, rather, to the

tendency by certain Powers, insisting that their approach

alone should be adopted, to impose their hegemony on the

handling of international matters.

This question should be the focus of attention in the

next session because it will mark the demise of the old

order and the building of the new order that will replace

it. The Libyan Arab Jamahiriya intends to participate

with others in building this new order to ensure that it

will be an order based on justice and equality that

respects peoples’ political and economic options, secures

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full commitment to international law and full respect for the

Charter of the United Nations and stands up to those who

would push the United Nations towards the fate of the

League of Nations. The new order we need is one that

enhances and protects human rights and eradicates poverty,

suffering, division, conflicts, disputes and wars. It must be

an order in which no State seeks to impose its hegemony

and abuse its influence, an order that supports the

settlement of disputes among States by peaceful means, not

by arbitrary and coercive means. We need a new order

under whose umbrella all peoples can look optimistically to

a future where security, peace and stability prevail.