Libya, 2001

At the

outset, I would like to congratulate the President on his

unanimous election to the presidency of the General

Assembly at its fifty-sixth session. His choice to

assume this high post is a reflection of Member States'

appreciation of him personally and their confidence in

his ability to conduct the deliberations of this session

in a manner that would enable it to reach conclusions

that would contribute to the strengthening of stability

and the promotion of development all over the world.

I would also like to seize this opportunity to

express our gratitude and appreciation to his

predecessor, Mr. Harri Holkeri, President of the

previous session of the Assembly, which witnessed

many activities that have gone a long way towards

responding to the common concerns of the

international community.

Our great appreciation also goes to Mr. Kofi

Annan, Secretary-General of the United Nations, who

continues to perform his duties with dedication and

renewed vigour, even under very difficult

9

circumstances. His re-election to a second term at the

helm of the Organization and the fact that he was

awarded the Nobel Peace Prize, together with the

United Nations, this year is testimony to the

appreciation of his work and the confidence in his

ability to further enhance the role of the United Nations

and to make it more effective in facing the challenges

of the new millennium.

On 11 September, several American cities,

including the City of New York, which hosts our

Organization, were subjected to terrorist attacks to

which thousands of innocent people fell victim. Once

again I express to the people of the United States and

the families of the victims, who lost their loved ones,

my deepest sympathies. We in Libya, having been

subjected to various forms of terrorism, including State

terrorism, realize better than others the cruelty and the

depth of feelings that the American people suffered and

the psychological impact, particularly on the families

of the victims. My country has therefore condemned

those painful events, emphasizing our firm position,

which denounces terrorism in all its forms and

manifestations and calls for the eradication of this

phenomenon, which endangers the independence of

States and the lives of peoples.

We, in Libya appreciate the measures taken by

the international community to uproot terrorism,

including the number of agreements made the most

important of which we are already party to, and the rest

of which we are in the process of acceding to.

Nevertheless, it is very evident that there is an urgent

need to take other measures to confront the challenges

posed by this phenomenon. This will necessitate

seeking and eradicating the roots of terrorism. It is also

imperative to take effective action to put an end to

terrorist practices and to eliminate all the reasons and

motives that stand behind terrorism.

Before achieving this, we must agree on a

uniform definition of terrorism to determine ways of

combating it. We cannot condemn terrorism and fight it

when it hits one country and turn a blind eye when it

hits other countries and peoples. It is also very

dangerous to link terrorism to a certain religion or

nationality, as terrorism has no nationality and no

religion. Further, it is unacceptable to label as terrorism

the struggle of peoples to protect themselves or to

attain independence while ignoring real terrorism,

which has several faces and is practised in different

ways.

Occupation, provocation and aggression against

peoples, like that against Libya in 1986, is all

terrorism. The establishment of military bases on the

territories of others is terrorism. Fleets that roam the

seas are stationed off the coasts of other States and

violate their territorial waters are forms of terrorism.

The downing of civilian aircraft, like the Libyan

aircraft that was hijacked and destroyed over Sinai in

1973, is terrorism. Mass massacres are terrorism. The

training of extreme elements in certain countries and

facilitating their arrival in other countries to carry out

criminal acts, including assassinations, as happened in

my country in 1984 and 1993, is terrorism. The

acquisition of weapons of mass destruction and the

threat of their use is terrorism. The imposition by one

State of unilateral, coercive measures against other

countries and the enactment by the same State of laws

to punish others who maintain relations with these

countries is also terrorism. Exploiting the Security

Council to impose sanctions against peoples without

any justification or evidence is terrorism. Preventing

the Council from adopting measures to protect those

who are subjected to killing and displacement

constitutes support for and encouragement of terrorism.

Due to these considerations, we believe it has

become important and necessary to take international

action to combat terrorism at all levels. We think that

such action could be effective if undertaken under the

umbrella of the United Nations, in accordance with the

purposes and principles of its Charter. My country was

among the first to act in this context when, in 1992, we

called on the Secretary-General of the United Nations

to request the convening of a special session of the

General Assembly devoted to the consideration of the

means of combating terrorism.

Today, we renew this call out of a conviction that

this is the best way to study the question of terrorism

with a view to arriving at an accurate definition of

terrorism far removed from selfish and subjective

classifications. We are also convinced that this is the

best way to deal with this phenomenon in all its

political, economic and social aspects and,

consequently, to take the necessary measures to fully

uproot it.

Every year, we gather here to review and assess

our achievements. Despite the tragic events of 11

September, we notice that the previous year witnessed

a number of important developments. The General

Assembly held more than one special session. Two

10

high-level conferences were held within the framework

of the United Nations, one of which was devoted to the

situation of the least developed countries and the other,

to our common struggle against racism and

xenophobia. In the declarations and programmes of

action resulting from these conferences, there was a

rededication and commitment to the purposes and

principles of the United Nations, aimed at maintaining

international peace and security and developing

friendly relations among States. It was also affirmed

that more efforts would be made to implement

priorities such as the promotion of development, the

provision of shelter for all, the eradication of want and

diseases, the ending of injustice and unfairness and the

uprooting of discrimination in all its forms.

The Libyan Arab Jamahiriya participated in all

these forums, and we are happy to have contributed to

their successful results. Like other Members of this

Organization, we have an interest in the establishment

of peace, the realization of justice and the support of

sustainable development. Notwithstanding all these

achievements, it is abundantly clear that there is a need

for further efforts so that we may be able to address the

additional challenges facing all Members of the United

Nations.

One such challenge is the environmental

degradation that threatens life on Earth, our common

home. Violence and armed conflicts also rage in

several regions. Millions suffer from abject poverty in

many places in developing countries. Diseases,

particularly HIV/AIDS, threaten the lives of entire

communities.

There are still those who challenge the collective

will and cling to unilaterally enacted laws, applying

them to all. Old ideological barriers have been replaced

with new barriers, including impeding access of many

developing countries to the technology necessary for

their development and advancement. Moreover, our

world is still not free of criminal activity, including the

illicit trade in small weapons and narcotics and

transnational organized crime.

The United Nations is the tool of our common

work in our efforts to face these challenges.

Undoubtedly it has made many efforts, but it could

certainly be more effective in carrying out its duties if

drastic structural reforms were made to its organs and

if new working methods were developed for its various

mechanisms. Many proposals have been submitted over

the past few years in this regard, but, unfortunately,

they did not resonate with certain Powers that care only

for their narrow selfish interests. This makes it

incumbent upon the other Members of this

Organization that have a real stake in reform to unify

their efforts and capacities to effect inevitable change,

if we want our Organization to succeed, consistent with

the spirit of the times, and to meet the needs of the

people.

For our part, we wish once again to reaffirm that

such change should be aimed at achieving the

following.

First, it must enhance and develop cooperation

among the principal organs of the United Nations, and

between these organs and other bodies and agencies of

the United Nations system, with a view to resolving

international problems in all their aspects.

Secondly, it must enhance the role of the General

Assembly, making it more effective, so that it can carry

out the functions entrusted to it by the Charter,

including contributing to the adoption of measures to

maintain international peace and security. The

Assembly should have the authority to control and to

hold accountable other United Nations organs,

including the Security Council, which should be

accountable to the Assembly.

Thirdly, it must establish a mechanism affiliated

with the General Assembly to follow up the

implementation of Assembly resolutions. We cannot

wait indefinitely for the implementation of resolutions,

most of which were adopted more than 50 years ago.

Fourthly, it must accelerate the introduction of

radical reform to the Security Council membership in

order to apply the principle of equitable geographic

distribution and thus do justice to the disadvantaged

regions in Africa, Asia and Latin America that are

under-represented in the Council. Reform should also

apply to improving the Council's working methods to

ensure transparency in its work and democracy in its

decision-making.

Fifthly, the privileges emanating from victories of

the Second World War must be withdrawn, the most

important being the right of veto, which has become

obsolete. Therefore, there is no longer any justification

for maintaining it, not only because it contravenes the

principle of the sovereign equality of States, but also

because it has been used to protect aggressors from

11

condemnation. It is also being used to prevent the

adoption of measures to protect those subjected to

aggression, killing, displacement and other acts of

genocide.

Seeking to establish peace and enhance stability

is among the major purposes of the United Nations.

This Organization certainly cannot perform all these

functions alone. Member States can establish effective

mechanisms to resolve the most intractable problems.

In this context, we in the Libyan Arab Jamahiriya have

made consistent efforts to assist countries suffering

from conflicts and disputes. Talks held last June, under

the auspices of the Qadhafi Charitable Organization,

between the Government of the Philippines and the

Moro Front, led to the signature of the Tripoli Peace

Agreement, ending a bitter conflict and meeting the

aspirations of both parties for the restoration of

security and stability in southern Philippines.

We have participated effectively in various

negotiations that have resulted in the settlement of the

Ethiopia-Eritrea dispute and the conclusion of the

Arusha Agreement, ending the conflict in Burundi.

Together with other African countries, we are

intensifying our efforts to support reconciliation in

Somalia and the restoration of peace to the Democratic

Republic of the Congo on the basis of the Lusaka

Agreement, emanating from the agreement signed in

the city of Sirte in September 1999.

Currently, intensive efforts are being made to

implement the Libyan-Egyptian initiative, in

coordination with the initiative of the

Intergovernmental Authority on Development, to

achieve broad-based national reconciliation in the

Sudan so that its people can live in harmony and

stability, based on the unity and territorial integrity of

that sisterly country and equality among its people.

We take great pride in our contributions and

achievements. But above all, Libyans from all walks of

life men and women greatly cherish the historic

event that took place in March of this year, when

African leaders announced the establishment of the

African Union at the second Sirte summit. This was

followed by the thirty-seventh summit of the

Organization of African Unity, held last July, which

took progressive practical measures to strengthen the

fundamentals of this Union, which is an important

transformation in the history of Africa, realizing as it

did, the dream of the forefathers of a unified Africa. It

was the culmination of the efforts of the great African

leaders whose objective has always been the unity of

the continent so that it could enhance its security and

progress and build its future. It is a new phase in an

African renaissance that will eliminate rifts that divide

the continent and will establish one bloc for all

Africans, capable of confronting various challenges in

a world of large groupings.

The fact that Africa has taken all these initiatives

and steps sends a clear message to other countries of

the world that Africa fully realizes that resolving its

problems and developing its abilities is primarily the

responsibility of the Africans. Yet we must emphasize

that there will be no peace, security or stability in the

world as long as Africa suffers from problems and

disturbances. For that, the United Nations and all

countries must assist in the efforts of African countries

to establish peace throughout the continent and to

enhance security in all its corners. This requires

primarily support for Africa's dispute-settlement

mechanisms, assistance in eradicating the poverty of

millions of its people and the elimination of diseases,

particularly HIV/AIDS, which threatens the lives of

more than 30 million Africans.

Moreover, a solution must be found to the

problem of external debt, which devours most of

Africa's earnings. Moreover, an end must be put to

consequences of colonialism, the cause of Africa's

underdevelopment and the obstacle to its progress. The

only way to do justice to the peoples of Africa is for

those States that conquered their land, looted the

continent's resources and built their progress at its

expense to apologize to the peoples of Africa for these

practices and to pay them full compensation for the

losses and damages caused by colonialism.

The international community has thus far failed

to resolve the Palestinian problem, which is almost as

old as the United Nations itself. This is essentially due

to disregard of the core of the problem, which is that a

land was usurped and its people were expelled from

their homeland. Thus, Palestine remained occupied.

Most of its people became refugees in various parts of

the world, and those who stayed were made into

prisoners in their own homes, deprived of the most

basic human rights. The Palestinian people are being

subjected to the most heinous crimes committed

against any people in contemporary history. Palestinian

children and young and elderly people are assassinated,

their land is confiscated, their farms are burnt and their

12

houses are demolished to be replaced by houses of

settlers who came from various parts of the world in

pursuit of unbelievable and illogical myths.

Old and new developments of the Palestinian

question are sufficient proof that ending the suffering

of the Palestinians under occupation cannot be

achieved through plans that are never implemented. It

has also been cogently proven that the problem will not

be resolved by the resolutions that the United Nations

has been reiterating for more than five decades.

In the light of those irrefutable facts, the solution

that should be sought, and on which all efforts must

focus, lies in what my country has said before and

reaffirms now: the Palestinian people must return to

their homeland, from which they were expelled, and a

democratic, non-racist State must be established in

which all citizens are equal irrespective of religion or

ethnicity, a State similar to the one that has been

established in the Republic of South Africa. Any other

solution would be a fantasy that would serve only to

perpetuate the Palestinian tragedy.

Speaking of the situation in the eastern Arab

region, my country reaffirms its unlimited support for

sisterly Syria and Lebanon in their steadfastness in the

face of Israeli aggression. We condemn all attempts to

provoke those countries, and we uphold their right to

recover all their territories under occupation.

Turning to the current situation in Iraq, we

condemn the daily violations of Iraqi sovereignty and

the continuous aggression to which Iraq is subjected.

We call on all peace-loving countries to work towards

the lifting of the sanctions imposed on the Iraqi people

and towards putting an end to all schemes aimed at

destroying their capacities and at dividing their land.

Tireless efforts have been made in the field of

disarmament. My country is a party to most

international disarmament agreements and is in the

process of acceding to the remaining ones, including

the Convention on the Prohibition of the Development,

Production, Stockpiling and Use of Chemical Weapons

and on Their Destruction and the Comprehensive

Nuclear-Test-Ban Treaty. But we firmly believe that

general and complete disarmament cannot come about

without a change in current norms and in the approach

to disarmament issues. What we see today is a growing

trend towards the control of small arms and light

weapons rather than of the weapons of mass

destruction that pose a greater threat to international

peace and security and to human life.

That is why we wonder about the sharp focus on

the Convention on the Prohibition of the Use,

Stockpiling, Production and Transfer of Anti-personnel

Mines and on Their Destruction, even though it

addresses only simple, limited weapons that small and

weak countries need to defend their borders against

powerful countries that possess aircraft carriers and

aeroplanes that can be refueled in the air. Why should

we not focus our efforts on the destruction of chemical

and biological weapons and of ballistic missiles? Why

are nuclear-weapon States not serious about practical

measures to destroy their nuclear stockpiles? Why are

certain countries falsely accused of acquiring weapons

of mass destruction while there is silence about the

Israelis, who, as everybody knows, possess hundreds of

nuclear warheads and other weapons of mass

destruction and conventional weapons? Moreover, Israel

continues to defy the will of the international

community, which has called on it to accede to the

Treaty on the Non-Proliferation of Nuclear Weapons

and to place its nuclear facilities under the safeguards

of the International Atomic Energy Agency in order to

help ensure that the region is free of nuclear weapons.

We want the important question of disarmament

to be dealt with in a comprehensive and non-selective

manner. Efforts should be concentrated first and

foremost on the adoption of practical measures to

destroy nuclear and other weapons of mass destruction.

That should apply to all those that possess such

weapons without exception; they should cease insisting

on the development of new defensive systems that

could threaten the world's strategic stability and trigger

a new arms race. Unless the matter is addressed in that

way, disarmament efforts will be meaningless; they

will remain a great fraud perpetrated on all the peoples

of the world.

During the past nine sessions of the General

Assembly, we have reviewed developments in the

dispute between my country and a number of Western

countries over the United States aeroplane that crashed

over Lockerbie. During the past two sessions, we have

focused on the Libyan Arab Jamahiriya's cooperation

with the Scottish court that has been meeting in the

Netherlands since the two Libyan suspects decided

voluntarily to appear before it. On each occasion, we

have reiterated our request that the Security Council

lift the sanctions it imposed on the Libyan people,

13

because Libya has fully responded to the requirements

of Council resolutions 731 (1992), 748 (1992) and

1192 (1998). That was confirmed by the report of the

Secretary-General to the Security Council, submitted in

conformity with paragraph 16 of Security Council

resolution 883 (1993).

We are obliged once again to broach this

question, and for a valid reason: the developments of

earlier this year. As members know, on 3 May 2000 the

Scottish court began its trial of the two Libyans

suspected of being linked to the Pan Am aircraft

incident. During the trial it became very clear that the

judges were not convinced of the truth of testimony

from the three witnesses offered by the other party as

witnesses for the prosecution. The court concluded that

the principal witness in the case, Mr. Abdul Majid

Giaka, was lying, as were Tony Gauci and Edwin

Bollier. In paragraph 45 of its opinion, the court stated:

We have assessed carefully the evidence of

these three witnesses ... relating to the MST-13

timers .... All three, and notably Mr. Bollier, were

shown to be unreliable witnesses. [Their various

statements were] at times in conflict with each

other ... On some occasions, particularly in the

case of Mr. Bollier, their evidence was self-

contradictory.

It was thus fully expected that the Scottish court

would acquit both suspects for lack of evidence. But

the decision of 31 January 2001 ran counter to those

expectations. The court convicted one of the suspects,

Mr. Abdelbaset Ali Mohmed Al Megrahi, and acquitted

the second, Mr. Al Amin Khalifa Fhimah. That

judgement came as a surprise to all political analysts

and jurists, for whom it raised many questions,

including why one of the suspects was convicted when

the two principal prosecution witnesses were proven to

have lied and when the court found the third unreliable.

How could the court's decision to convict one man and

acquit the other be explained, since they were both

suspected on the basis of the same assumptions?

The only answer to those questions is that, at the

last moment, the court departed from applying the law

and instead took a political decision. The first to

indicate this was Robert Black, an architect of the

Lockerbie court, who said that the elements of the case

against Al Megrahi were very weak. And Hans

Kˆchler, a university professor appointed by the

Secretary-General as an international observer of the

trial, issued a report dated 3 February 2001, which

included many comments, including the following.

[The Opinion] is totally incomprehensible for

any rational observer when one considers that the

indictment in its very essence was based on the

joint action of the two accused in Malta.

The Opinion of the Court is exclusively

based on circumstantial evidence and on a series

of highly problematic inferences. As to the

undersigned's knowledge, there is not one single

piece of material evidence linking the two

accused to the crime. In such a context, the guilty

verdict in regard to the first accused appears to be

arbitrary, even irrational.

...

This leads ... to the suspicion that political

considerations may have been overriding a

strictly judicial evaluation of the case.

In placing these facts before the United Nations

membership, we want to stress that the conviction

handed down by the court on 31 January 2001 was a

political decision that had nothing to do with the law.

The Libyan citizen Mr. Al Megrahi was kidnapped for

political reasons, as confirmed in resolutions and

statements adopted by a number of regional

organizations, including at the Lusaka summit of the

Organization of African Unity, the twenty-eighth

ministerial session of the Organization of the Islamic

Conference held at Bamako, and the meeting of

Foreign Ministers of the League of Arab States held at

Cairo earlier this year.

Our gratitude goes to the members of those

organizations and to others that have shown solidarity

with us from the outset for standing on the side of

right. We call on all Members of the United Nations

that support right and justice to take the necessary

action to meet the demands of those organizations. The

first is the immediate release of Mr. Al Megrahi, who

was convicted for political reasons that have nothing to

do with the law. His continued detention amounts to

hostage-taking under all relevant laws and customs.

The second element of those demands is

categorical rejection of the stubborn blockage of the

lifting of the sanctions imposed on Libya, which

ignores the provisions of paragraph 16 of Security

Council 883 (1993) and the findings of the report of the

Secretary-General in that regard. The Security Council

14

should immediately, totally and permanently lift the

sanctions imposed on Libya, in view of the fact that

Libya has met all the requirements of the relevant

Security Council resolutions, including resolution 1192

(1998). The third element is support for the legitimate

right of the Libyan Arab Jamahiriya to receive fair

compensation for the material and human losses it has

incurred as a result of the sanctions.