Uruguay, 1992

Allow me

to congratulate you, Sir, on your assumption of the presidency of the General

Assembly at this session. In your election can be seen an unequivocal

indication of rejoicing at the establishment of democracy in your country.

It is also fitting today for us to welcome the States of Armenia,

Azerbaijan, Bosnia and Herzegovina, Croatia, Slovenia, Georgia, Kazakhstan,

Kyrgyzstan, the Republic of Moldova, San Marino, Tajikistan, Turkmenistan and

Uzbekistan to our community of nations. Their participation as Member States

guarantees observance of the principle of universality, an essential element

of the very life and existence of the Organization.

We congratulate Mr. Boutros Boutros-Ghali, to whom my people and country

have had numerous occasions to express their esteem and their hopes, as he

undertakes his difficult and very important mission as the new

Secretary-General, continuing the brilliant work of

Mr. Javier Perez de Cuellar.

Last year, taking note of the dizzying acceleration of world events, we

put forward our views on the consequences of the collapse of what was called

the old order that was born during the cold war, and our view regarding the

attitude that the international community should assume in the face of the new

and emerging international situation. We said and today we have even more

reason to reiterate that the spectacular changes in the former distribution

of power would not necessarily lead us to the heralded new international

order, although such changes opened up the possibility of our being able to

achieve strict, rigorous observance of the fundamental principles of the

Charter. That prospect gave us a sense of realistic optimism with regard to

the future, though we never lost sight of all the negative elements in

existence today that stand in the way of the full acknowledgement of the

existence of a true "order".

The success of the effective functioning of the mechanisms of collective

security that were put into operation during the Gulf crisis is not enough.

The important point is, essentially, that each and every one of the States of

the international community should, in accordance with its capability for

action and hence with its responsibilities, adapt its conduct to the

principles of the Charter, which are the basic principles of law and ethics;

and those principles should be strictly complied with, making of that form of

conduct a consistent practice.

This year we find ourselves facing a new and grave quaking of

international security as a result of the outbreak in Europe of the most

brutal conflict to take place on the old continent since the Second World

War. In our view, it is the responsibility of the international community, in

the face of that situation, to ensure the finding of a solution that goes

beyond the national interests involved and beyond consideration of our

geographical distance from or proximity to the conflict.

We view with grave concern the atrocities that have been committed, the

reports of the concentration of civilians in detention camps, as well as the

horrendous violations of human rights and the persistent disregard for

international humanitarian law that are taking place in that region.

We see how cardinal principles of international law are being violated,

such as territorial integrity and sovereignty, which leads to disregard for

the true and genuine meaning of self-determination. Furthermore, we view with

alarm the extraordinary introduction of the racial factor into international

relations and the emergence of the invocation of doctrines such as that of

"ethnic cleansing" to justify serious violations of international law and of

human rights.

We therefore once again most forcefully reiterate our condemnation of

those practices and our exhortation to implement steps collectively worked

out, in the context of international law, that enhance the effectiveness of

United Nations mechanisms across the board.

The decision adopted by the General Assembly on 19 September as to the

status of the Federal Republic of Yugoslavia (Serbia and Montenegro) in the

United Nations was supported by Uruguay. It was the only position that could

indeed be taken in the light of the circumstances. This did not involve a

case of exclusion, nor a situation such as those envisaged under Articles 5

and 6 in the Charter, but rather involved the finding that it was impossible,

on the basis of incontrovertible facts, that that State could automatically

take over the seat of the former Socialist Federal Republic of Yugoslavia.

This means that the new State will have to apply for admission as a Member of

the United Nations, pursuant to the provisions of Article 4 of the Charter.

The situation in that region, along with the tragedy being endured in

Somalia and elsewhere, compels us to reaffirm the duty, based on the

principles of solidarity and cooperation, to provide humanitarian aid. That

duty, which implies an acknowledgement of the corresponding right, must be

conceived of and implemented within the context of international law, without

doing violence to other essential principles. Humanitarian aid must be

decided upon by competent international bodies, by implementation of law, and

must not serve as a cover for disguised or veiled forms of unlawful

intervention, whether on an individual or a collective basis.

We welcome the encouraging turn that in recent weeks has been taking

place in the talks aimed at bringing the peace process in the Middle East back

on track. The traditional and unswerving friendship of the Uruguayan people

with the Arab and Jewish peoples, along with the excellent diplomatic

relations our Government maintains with the Arab countries and with the State

of Israel, are all factors that induce us to lend our vigorous support to the

common guest for peace in that region, a peace that must be based on

guaranteed security for all the States in the region, on respect for

territorial integrity, on the right to self-determination of all peoples and

on the full applicability of human rights.

The Government of Uruguay here reaffirms its determination to contribute

to peaceful and harmonious fellowship between Arabs and Jews, both essential

protagonists of civilization, and reaffirms as well its commitment to

deepening its ties with the States of the Middle East.

We have before us an invaluable working document prepared by the

Secretary-General. That document, with whose principles and approach we fully

agree, gives rise to thoughts that we cannot fail to voice here.

In this day and age, faced as we are with the global dimensions of the

problems of peace and security, and confronted with situations that demand

universal answers situations that it is impossible to cope with through

partial or territorially limited approaches, such as issues relating to the

environment, drug trafficking and terrorism we must rethink the question of

sovereignty: not so as to weaken its essence, which continues to represent

the underpinning of our international Organization, but rather to adapt it to

current requirements, which are necessary for us to build a world based on

peace and solidarity, and to act on the basis of the defence and protection of

the interests of the global community as a whole, a precept that, according to

Francisco de Vitoria, lies at the roots of the rights of peoples. This

concept of humanitarianist universalism precludes the recognition of any

legitimacy in the exercise of power by any individual Power outside the

framework of international law.

The report entitled "An Agenda for Peace" (A/47/227) presents in an

organic and intelligent fashion a set of proposals to implement, within the

new international context, a systematic process of preventive diplomacy. We

fundamentally share its goals and the essential aspects of the global view

upon which it draws.

We must give the Secretary-General the political backing he needs for him

to act with the necessary flexibility and effectiveness, in line with the

concepts that he has set forth.

We agree with the need to seek a greater balance between the Security

Council and the General Assembly. Moreover, we welcome the fact that this

report incorporates a proposal that Uruguay has always advocated, namely the

wish that all our Member States unreservedly accept the competency of the

International Court of Justice.

We do not doubt the need to strengthen peace-keeping operations. In that

connection, our country intends to preach by example. Uruguay has now

increased to unprecedented levels the number of members of its armed forces

and police forces made available to the United Nations, as measured against

the size of our military forces and our population. By way of example, more

than 900 members of our armed forces are currently participating in the

peace-keeping operations in Cambodia, and a general from our Republic is

commanding the United Nations contingent in Kashmir.

To consolidate and guarantee international security, there can be no

delay in moving ahead with the process of disarmament that is currently under

way. It must be expanded integrally in breadth and in depth.

We must halt any new spiralling of the arms race, whether this be on the

global, regional or local level. Along those lines, Latin America and the

Caribbean have been marking this particular phase in the evolution of

international relations with a noteworthy effort to complete what in and of

itself already constitutes a vast zone of peace.

I should like to highlight the notable effort undertaken by Latin

America, in which Uruguay has participated actively from the very outset, to

amend the Tlatelolco Treaty in such a way as to enable Cuba to sign it,

Argentina to ratify it and Brazil and Chile to submit their reservations to

it. These amendments, which have already been adopted and have also resulted

in France's ratification of Additional Protocol I, have ensured that the first

nuclear-weapon-free zone, covering all of Latin America and the Caribbean, has

come into real, total and full existence.

Uruguay firmly supports the adoption of the Convention on chemical

weapons developed by the Disarmament Conference.

The mushrooming of regional armed conflicts compels us to give thought to

new or renewed forms of cooperation in and coordination of world-wide and

regional efforts to resolve differences and to enable us to act in the face of

threats to and aggression against peace and security. Latin America, which

today is a continent of peace and is resolving territorial or border disputes

by legal and peaceful means, where there are no morbid outbreaks of xenophobia

and racial hatred, and which is fighting, as never before in its history, to

solve the problems of its indigenous peoples and of human rights, has a

particular talent for setting up this necessary world-wide and regional

coordination. The recent judgment handed down by the International Court of

Justice concerning a territorial dispute between Honduras and El Salvador, and

accepted by both parties; the submission to an arbitration tribunal of a

border dispute between Argentina and Chile; and the new and positive spirit

reigning in the dialogue between Ecuador and Peru aimed at solving the

long-standing conflict that has pitted these two fraternal countries against

each other bear witness to the example Latin America is setting.

The duty all the States that make up the international community have to

guarantee and protect human rights does not flow only from the international

obligations that result from treaties in force; respect for human rights is

born of the United Nations Charter and of the Universal Declaration.

Furthermore, it is a principle of jus cogens which, if violated, entails

international answerability and renders null all legal instruments contrary to

this imperative law which originates in the will of the international

community as a whole. The protection of human rights at world and regional

levels has made signal progress in the law of nations of today, and the

process of improvement must continue.

It is not, however, solely by developing international instruments for

the protection of human rights that we shall achieve generalized respect for

human rights. We must work hard to universalize a culture of human rights

that would uproot from people's minds and behaviour intolerance, violence,

hatred, and contempt for the dignity that each and every individual on the

planet naturally has. The affirmation and dissemination of that culture of

human rights is the great challenge that mankind must meet in the decades

ahead.

The resurgence amongst us, in what for us is the cradle of Western

civilization, of racism, racial intolerance and animosity rooted in ethnic,

religious and cultural differences is cause for great alarm. These

manifestations are compounded by episodes, not that far distant

geographically, of forced population transfers, the appearance of detention

camps and the commission of atrocities and practices that once again amount to

a shameful blot on our contemporary civilization. The international community

cannot close its eyes to these things, nor fail to act in the face of this

terrible and unacceptable situation.

Uruguay hopes that the holding of the forthcoming World Conference on

Human Rights will be a historic landmark for the future in terms of respect

for fundamental human rights and freedoms.

Global stability is generally and permanently threatened by the vast

amount and extent of grinding poverty. Apart from the fundamental, ethical

reasons that inspire us all, there are security considerations that should

make us tackle this widespread situation as a whole. This is why the

countries of Latin America and the Caribbean have decided to support the

initiative put forward by our sister republic of Chile that a world summit on

social development should be held in 1995. We welcome the fact that this

concern caused this initiative to be included in the "Agenda for Peace"

(A/47/277) put before us by the Secretary-General, and that it has been

approved by the Economic and Social Council.

Because of its modi operandi that pay no attention to frontiers and

because of the way it is organized, drug trafficking has become one of the

most serious types of international crime. Uruguay insists that this form of

modern-day aggression must be combated in all its various phases and

manifestations. The capacity of the United Nations to act must be

strengthened in such a way as to complement and assist the concerted action

which our own countries must take by means of regional as much as global

bilateral and multilateral instruments.

The need to achieve economic development on terms compatible with

conserving the environment is a priority objective for our country. We are

concerned at the fact that the Rio Conference did not result in the adoption

of more specific and effective commitments. What concerns us far more,

however, is the risk that the principles enshrined in the Rio Declaration and

in the programme of action agreed upon in Agenda 21 might remain a kind of

catalogue of good intentions without any practical and effective application.

The solemn adoption of those documents, and even the signing of the

Conventions on biodiversity and climatic change, which Uruguay will shortly

ratify, are not going to halt the progressive deterioration in the

environment. Although those documents are major contributions, the polluting'

activities that threaten our present and jeopardize our future have not

stopped with their signing and will not stop once their hopefully rapid entry

into force has occurred.

We are all aware that the success or the failure of the process of the

United Nations Conference on Environment and Development (UNCED) hinges on the

total and effective implementation of those commitments.

The road to Rio was difficult. However, more arduous still will be the

road to be travelled from Rio on. States will have to shoulder their legal

responsibilities and to implement the actual measures laid down in Agenda 21.

Governments will have to agree to transform into legally binding obligations

the principles of conduct, liability and compensation emanating from the

Stockholm Declaration and later endorsed and developed in the Rio Declaration,

which are considerably more than moral obligations. While today they are

obligations stemming from international ordinary law, they are, moreover,

authentic criteria embodied in jus cogens, and are valid eroa omnes.

However, notwithstanding the foregoing, it is time to avoid ambiguous

interpretations as to the real juridical value of these obligations. The

President of Uruguay, in his address delivered at the Rio Conference, stated

the determination of my country to propose the codification of those

principles in a binding legal instrument. We will consider the most opportune

time and place for giving practical effect to our initiative, even

contributing a draft convention.

At the same time, this approach will have to be complemented by

implementation of the plan of action agreed upon in Agenda 21. We know this

objective implies collecting huge financial resources and adopting large-scale

measures of technology transfers. We trust that the developed countries that

have accepted the principle of shared but differentiated responsibility will

find the political will needed for taking the lead in this effort. While

appearing to be a great sacrifice, this action is an investment that brooks no

delay for preserving the present and ensuring the future.

Specific proof of Uruguay's priority interest in environmental problems

is that we have agreed that the next meeting of the Contracting Parties to the

Basel Convention on Toxic and Hazardous Wastes should be held in our country.

The changes that have been progressively noted in the political arena

stand in dramatic contrast to the adverse trends that are ever more

exacerbating international economic relations. We view with concern the fact

that the crucial issue of development would appear to have been relegated to

the back-burner amongst issues on the international economic agenda.

Just as early in the 1980s the problem was the external debt situation in

the developing countries, at the beginning of the 1990s one can say that it is

the inconsistencies in the macroeconomic and trade policies that jeopardize

world economic growth and international monetary stability.

While the developing countries are redoubling their efforts at achieving

adjustment, liberalization, deregulation and adaptation to new world

realities, recessionary trends and low rates of growth in the industrialized

countries, their bloated budgetary deficits, their increasing levels of

indebtedness, the resurgence of their protectionist policies and the lack of

coordination among their monetary and parity policies are factors creating

major counterweights to any revitalization of the world economy, to any

increase in trade and change in trade policy and to world-wide capital flows.

All this highlights the need for a better analysis and greater

coordination of economic policies the world over.

In recent years we have witnessed a major process of reorganization in

world trade, owing to two major trends unfolding side by side. On the one

hand, efforts have been made in the context of the Uruguay Round aimed at

guaranteeing an open international marketplace through a process of

liberalizing and expanding trade, while strengthening multilateral rules and

discipline within the context of the General Agreement on Tariffs and Trade

(GATT). On the other hand, great economic blocs have emerged, in whose hands

are concentrated most of the world's wealth, major trade flows, investment

flows and flows of technological know-how. If these blocs wish to move

towards development and general progress, they will have to evolve as open

markets.

I am convinced this evolution will depend on what happens or fails to

happen in the Uruguay Round of multilateral trade negotiations of GATT, which

today have become all but paralysed and are seriously jeopardized.

Failure in the Uruguay Round would be very serious and would trigger

serious adverse repercussions for the world economy as a whole. It would send

an extremely negative signal to economic operators, would open the doors to

unilateralism and to relations based upon power, and would lead to an

escalation of protectionism and an intensification of trade conflicts.

Thus, we must urgently call upon all participants in the Uruguay Round

and, in particular, to those countries responsible for the main disagreements

pending, to join their efforts and to make their positions more flexible so as

to conclude the negotiations quickly and satisfactorily, with equitable

results that would promote the liberalization of trade and avoid protectionist

discrimination.

Within the United Nations, the current process of revitalization and

restructuring the Organization in the economic and social fields must be seen

as constructive. In this regard, we welcome the results of the eighth session

of the United Nations Conference on Trade and Development (UNCTAD) and those

of the first meeting of the revamped Economic and Social Council, held in

New York last July.

This process of revitalization must be pursued and intensified. The

United Nations cannot stay on the sidelines of policy formulation with regard

to the most important economic, financial and trade issues. What is urgently

needed is a determined effort aimed at institutional and operational

revitalization and the restoration of the indispensable credibility of the

United Nations so that the Organization can fill the great institutional void

that currently exists in the field of international economic relations and can

successfully discharge its responsibilities.

Only thus will we manage to lay the groundwork for the more constructive

and effective international cooperation that would make it possible to halt

and reverse the adverse trends that prevail in the economic field. In this

regard, my country gives particular importance to the role UNCTAD is called

upon to play as the forum to further international economic relations that are

conducive to development.

I cannot fail to mention the major effort my country has been making,

together with Argentina, Brazil and Paraguay, to establish a common market of

the South in 1995. The various processes laid down in the Treaty of Asuncion

and in the timetable adopted by the Presidents of the four States parties at

the meeting in Las LeSas, Argentina, are being fully implemented. Thus, the

process of subregional integration has already become the axis round which

revolve our policies of development, renewal, openness and modernization,

prompting us to look to the future with renewed optimism and conviction.

Uruguay, a State that cherishes peace, a founding Member of the United

Nations, respectful of a democratic and pluralist law based on solidarity, is

today taking part in this Assembly in the same spirit as always determined

to cooperate in building a world governed by the law of nations, just and

peace-loving, with a universal international Organization capable of ensuring

development and human rights while effectively and actively guaranteeing peace

and security.