Poland, 1993

I extend

congratulations to His Excellency Ambassador Samuel

Insanally of Guyana on his election to the presidency of this

session of the General Assembly. May I also thank His

Excellency Mr. Stoyan Ganev of Bulgaria for his

contribution to the success of the previous session. In

addition, I should like to stress the deep appreciation of the

Polish Government for the work and accomplishments of the

Secretary-General of the United Nations over the past year.

Let me first speak about some of the timely goals and

tasks of our Organization. I should like to start by

discussing the role of the United Nations in organizing peace

after the cold war. In the post-cold-war era, the United

Nations is facing growing expectations and responsibilities.

That trend will continue over the coming years. In an

increasingly interdependent world the United Nations,

despite its shortcomings and limitations, offers the best

avenue for addressing those global problems that are still

unresolved and for meeting new challenges as well. The

Organization faces the task of creating a better, more

democratic and just world. In fact, we badly need a vision

of such a world. More often than not, we have to ask

ourselves these questions: Are we rising to the occasion?

How should we resolve the present crisis of leadership, both

within individual States and on the international level?

The United Nations provides an appropriate platform

for shaping the vision I am talking about. To begin with, it

should be based on the assessment of geopolitical and

geoeconomic conditions, in particular on the assumption that

the world has become pluralistic, whatever the size and

weight of States in international affairs. It should also

reflect an increased awareness of the need for a multilateral

approach to solving problems.

Four years have elapsed since the end of the cold war.

We must not merely adjust to the new situation, but mould

it, in order to arrive at a comprehensive solution. The

present crisis has many facets. Today, its primary source is

unresolved economic and social issues, as well as such

political problems as territorial disputes and ethnic tensions.

But we have to remember that the process of finding

answers to these issues will unavoidably lead in the future

Forty-eighth session - 28 September l993 37

to a new alignment of power among States and, as a result,

we shall then face the prospect of recourse to force. That

question has been partly addressed by the Secretary-General

in his "Agenda for Peace." The matter has very broad

ramifications, and we still have not elaborated a grand

strategy of democratic transformation. I think that the

United Nations should start exploring, in a more systemic

manner, its role in the world as it is now and as it will be

beyond the year 2000. One of the preparatory steps might

be the preparation of a report on the United Nations as a

leader of global change and the promoter of a new world

order after the cold war. Such an assignment could be

entrusted to most-knowledgeable individuals, research

institutes, transnational corporations and others. The report

would serve as a basis for spelling out the future

responsibilities of the United Nations and the Member

States.

We need a thorough re-examination of the priorities of

the United Nations and, consequently, of the whole United

Nations system. The main purpose of reform would be to

adapt the United Nations to the requirements of peace after

the cold war. Reform should take into account ongoing

changes in Member States. This applies, in particular, to

countries in transition, not only in Central and Eastern

Europe but also in various parts of other continents. Let me

take this opportunity to add that Poland is firmly and

irreversibly committed to the political and economic

transformation it started in 1989, and that its foreign policy

has stable priorities.

The fate of the countries in the process of

transformation is not their problem alone. Their success or

failure is unavoidably going to exert a strong impact on

other States. The international community should not fail to

back up the transformation process and to assist the new

democracies in their continuing efforts to achieve reform,

economic recovery, social progress and full participation in

international exchanges. Such an approach would assist

them in their swifter integration into the world economic

system.

The military factor of security retains its significance,

although it differs from that of the cold-war era. The United

Nations has developed a disarmament agenda. The signing

of the chemical weapons Convention by almost 150 States

shows how the new political climate facilitates long-awaited

agreements and brings us closer to a world free of weapons

of mass destruction. We hope that there will be similar

positive developments in nuclear disarmament. The

initiation of negotiations on a comprehensive ban on nuclear

testing constitutes a big step in that direction. The United

Nations should also deal with the threat posed by the

possible spread of nuclear-weapon capabilities and the

proliferation of other weapons of mass destruction. Poland

attaches great importance to thorough and constructive

preparations for the 1995 Review Conference of the Parties

to the Non-Proliferation Treaty.

I should now like to turn to the subject of human rights.

There are a number of reasons why, after the Vienna

Conference, the Organization should devote much of its

attention to human rights. In doing so, I believe, it should

reflect on these words used by Secretary-General Boutros

Boutros-Ghali in addressing the high-level segment of the

Economic and Social Council:

"The United Nations is, by its very essence, universal,

global and inclusive. It is made up of sovereign States,

yet crucially concerned with the well-being of

individuals. Its concern with individuals, with their

societies and with world society is not, as some would

claim, inherently contradictory."

There are differences of opinion on the scope of human

rights, on State responsibilities in regard to their observance

and on the role of the international community in monitoring

them. The United Nations organs must expand their

negotiating and mediatory capacities and show much skill in

overcoming these divergences. The essential criteria are

morality, the inherent dignity of the human person and the

rule of law. Human rights must express the common values

of the international community. Their implementation is

becoming one of the preconditions of worldwide stability

and security.

Fundamental human rights are universal; their substance

is absolute and unrelated to circumstances. But saying this

does not mean that we are closing our eyes to the existence

of many different cultures and traditions in the historical

development of the various regions of the world. This

should be duly taken into account; however, it cannot justify

any violations of human rights or non-execution of the

relevant instruments. There is no room for treating criticism

of such unlawful policies and lawful attempts to redress

them as an infringement of the sovereignty of States. In

promoting, developing and effectively defending human

rights, the United Nations should make these activities part

of its cooperation with States.

International peace and security, sustainable

development and human rights are the three closely related

areas on which the United Nations should concentrate. "An

Agenda for Peace", Agenda 21 and the forthcoming agenda

38 General Assembly - Forty-eighth session

for development should, in my view, be complemented by

an agenda for human rights. With the results of the Vienna

Conference kept in mind, the Agenda for Human Rights

would constitute a plan of action for setting standards and

implementing rights and preventing violations.

Individuals need better and easier access to international

protection of their rights and freedoms. The Organization

should revise the grievance procedures and make them more

universal. While assuming that the Second and Third

Committees will merge into one Economic and Social

Committee, Poland would suggest the establishment of a

Human Rights and Humanitarian Affairs Committee as one

of the main Committees of the General Assembly. We

recommend expanding the responsibilities, competence and

rank of the Commission on Human Rights. We also

support, as a matter of urgency, the proposal to create an

office of the High Commissioner for Human Rights.

Further, we should explore means of promoting human

rights on a regional level. A small bureau, which might be

located in Warsaw, could be entrusted with monitoring

human rights observance in Eastern Europe. This is a

sensitive region. Such a bureau would be part of the Geneva

office. I have suggested Warsaw because bodies of the

Conference on Security and Cooperation in Europe and the

Council of Europe already operate there, a fact that could

facilitate cooperation between the United Nations and the

European institutions in that field. The region provides

much insight into how democracy and human rights are

being implemented in States that are undergoing democratic

transformation.

One aspect of human rights has become very critical of

late. I am referring to the increasing violations of

humanitarian law in armed conflicts, whether international or

domestic. As the President of the International Committee

of the Red Cross emphasized during the recent International

Conference on the Protection of Victims of War, held in

Geneva, the practice has undergone a change for the worse.

With even greater frequency, civilian populations are

becoming the hostages and primary targets of fighting

warlords. Each and every day the mass media bring us

scenes of the atrocities of war. We in the United Nations

must not be indifferent to these facts. Poland joins the call

for urgent action to revive the observance of humanitarian

law and to uphold the authority of the Geneva Conventions

as well as their additional Protocols. The Polish

Government strongly endorses the Declaration adopted by

the Conference on the protection of war victims. In our

view, the international community should pay particular

attention to the observance of human rights and humanitarian

standards in internal strife. War crimes should not go

unpunished.

The third task to which I wish to draw the attention of

the General Assembly is development. The growing gap

between rich and poor nations is a significant source of

tensions and conflicts. Even Europe has not been spared,

threatened as it is by the emergence of a new "curtain", this

one economic. I am confident that the agenda for

development under preparation will comprehensively deal

with the various aspects of this potential danger. We need

a new development paradigm that is people-oriented: human

rights have their economic dimension. Economic and social

difficulties have a decisive impact on international security

and global stability, and often lead to human rights

violations. The main thing is to create a spirit of partnership

and solidarity. We expect the World Summit for Social

Development, to be held in Copenhagen in 1995, to specify

the necessary tasks in social development and thereby

reinforce sustainable economic development.

I shall now discuss some procedures and methods

which are particularly topical in view of the goals and tasks

I have enumerated. I will speak first of the settlement and

management of disputes. The new world situation calls for

renewed and growing attention to international law, its

implementation and application. Poland welcomes the

enlargement, limited though it still is, of the compulsory

jurisdiction of the International Court of Justice. It would

also be highly desirable if further withdrawals of

reservations to the jurisdictional clauses of treaties followed.

Poland supports the Secretary-General’s call upon all

Member States to accept the compulsory jurisdiction of the

Court before the end of the United Nations Decade of

International Law in the year 2000. By means of its

advisory jurisdiction, the Court might deal with such

questions as the legal components of political decisions, the

review of administrative action or the relationship between

some of the main organs of the United Nations.

The peaceful settlement of disputes requires a new

approach. Traditional means, as listed in Article 33 of the

Charter might, depending on the merits of each case, be

combined with peace-keeping, peace-building or even

enforcement measures. We must distinguish between

various phases or component parts of the same conflict

where each phase will require a different approach or a

different procedure. And let us not forget that there are a

growing number of conflicts which cannot simply be

"settled", at any rate in the foreseeable future. They should,

Forty-eighth session - 28 September l993 39

rather, be "managed". All this opens up new vistas for the

skilful use of various United Nations mechanisms.

Now I wish to say a few words about peace-keeping.

It is a subject that is high on the United Nations agenda.

The success and therefore the image of the United Nations

are at stake here. The "Agenda for Peace" has set out a

conceptual framework. Preventive diplomacy,

peace-keeping, peacemaking and, in particular, enforcement

require sound guidelines, procedures and detailed planning

in operational terms. Though a great deal of work has

already been accomplished, much more remains to be done.

The problems with the clarity of the mandate of the

peace-keeping operations, their time frame, management and

frugality also require the special attention of the United

Nations.

Bearing in mind the alarming number of casualties

among both military and civilian peace-keepers, Poland fully

supports the idea of the expeditious elaboration of a

universally binding legal instrument, possibly in the form of

a convention on the safety and security of the personnel of

peace-keeping operations. The United Nations should not

undertake new operations without clearly identified

objectives. What is involved is trust in the Organization and

its prospective contribution to the security of all of us.

Regional conflicts figure prominently on the United

Nations agenda. In specific cases regional institutions could

be helpful, as not all regions have such ready mechanisms

for dealing with conflict situations. However, they could

strive to establish them. The Security Council, also, could

play a role in appropriate instances. The importance of the

regional effort is particularly relevant to Africa, which is

facing many specific difficulties and problems. We should

devote more attention to that continent. Poland supports the

initiatives and programmes that aim at the peaceful

settlement of conflicts and at the creation or strengthening of

democratic institutions in Africa.

In view of the fundamental constitutional reforms now

under way in the Republic of South Africa, Poland favours

the lifting of sanctions and other restrictions imposed on that

country.

Recent developments in the Middle East have shown a

genuine will to arrive at a compromise and achieve a

peaceful settlement. Poland shares the view that it would be

appropriate for the General Assembly to endorse the peace

process and call for regional cooperation in the Middle East.

At the same time, the Assembly should refrain from

repeating such resolutions as could harm this delicate

process.

We believe that the present scale of the conflict in

Bosnia and Herzegovina could have been avoided had the

international community, especially Europe, reacted when

there was still time. Obviously, I am aware of the fact that

in a conflict whose components are both internal and

international, the influence of non-parties is rather limited,

and the solution must finally come from within. Poland

rejects the policy of appeasement and imposed territorial

settlements.

Finally, there is the issue of sanctions. I should like to

draw your attention to the implementation of Article 50 of

the Charter. I think that Member States which suffer heavy

economic losses as a result of applying sanctions should be

entitled to something more than mere consultations and a

general - hence ineffective - appeal to the international

community to take account of their burden. As sanctions

have now become more frequent, the resulting problem of

economic losses by third countries cannot be ignored, as, in

fact, it now is. A satisfactory mechanism should be worked

out as a matter of urgency to resolve this issue.

In conclusion, the United Nations, like the world around

it, is experiencing a dynamic period of transition influenced

by fundamental reassessments and re-evaluations of the

potential for peace, development and cooperation among

nations.

The Organization is gearing itself to contribute its share

towards forging a better future for the world and improving

the human condition. It has every opportunity to establish

a comprehensive agenda within the trinity of peace and

security, sustainable human development, and democracy

and human rights. It can thereby fulfil the Charter promise

"to be a centre for harmonizing the actions of nations in the

attainment of these common ends".