Chile, 1999

I would like

first of all to express to you, Sir, our warm

congratulations on your election as President of the

General Assembly at its fifty-fourth session. We join the

earlier delegations in wishing you success in the

important task of guiding our debates.

I would like to express to your predecessor, the

Minister for Foreign Affairs of the Eastern Republic of

Uruguay, Mr. Didier Opertti, our gratitude for his

outstanding leadership as President of the Assembly at its

fifty-third session.

I also wish to convey very special greetings to the

Secretary-General, Mr. Kofi Annan, and to express our

deep appreciation for the work that he has done and our

firm support for his efforts to achieve peace in a year that

has been of critical importance for the United Nations.

Chile extends a hearty welcome to the new Member

States of our Organization, Kiribati, Nauru and the

19

Kingdom of Tonga, fraternal countries of the Pacific

community.

Globalization and interdependence require new and

stronger international institutions. As the international

environment becomes increasingly complex and difficult,

the United Nations, with all its limitations, remains the only

global actor capable of addressing not only the problems of

cooperation and global conflict, but also issues that, by their

very nature, are no longer within the exclusive competence

of States.

The expansion of the international agenda and the

need for collective management of the problems of

interdependence are the impetus for this trend. The issue of

democracy, or rather of the lack of democracy, has ceased

to be exclusively a sovereign matter for countries to deal

with; it has become a universal concern that no Government

can ignore. Protection of the environment has an

indisputable international dimension, inasmuch as issues of

vital importance for our future, such as climate change, the

pollution and over-exploitation of the oceans, the

deterioration of the ozone layer and growing desertification,

all require global remedies. Increasingly strict international

regimes are being established for the regulation and

prohibition of weapons of mass destruction and for the

elimination of anti-personnel landmines. The fight against

drug-trafficking can be truly effective only if it is waged

within a framework of close regional and international

cooperation, based on the principle of shared responsibility.

Such moving issues as the treatment of refugees, the fight

against hunger and major epidemics fall squarely within the

scope of multilateral action. The Government of Chile

enthusiastically supports this trend towards a new

multilateralism.

The crisis in Kosovo revealed one of the most serious

weaknesses and contradictions of the United Nations. The

policies of ethnic cleansing supported by the Serbian

leadership in that region required an immediate and

vigorous response by the international community.

It was truly regrettable that our Organization was

prevented from the outset from taking action with the

vigour that the situation required. It was also regrettable

that the solution to the crisis was found outside the

appropriate framework of United Nations mechanisms and

in contravention of the principles of the Charter. There is

clearly a responsibility shared by all the permanent

members of the Security Council for the inadequate

functioning of the mechanisms of collective security. Once

again, it was evident that the veto or the threat of its use

can reduce to impotence the world's principal organ of

collective security. Once again, it was evident that, when

this occurs, a vacuum is created that can lead to the

unilateral use of force without the prior authorization of

the Security Council.

More recently, the United Nations has had to face a

new challenge, a fresh humanitarian tragedy that it had to

stop at all costs. I refer to the crisis in East Timor. Chile

supported with hope and enthusiasm the holding of the

referendum on 30 August, which was made possible by

the significant agreement reached between Indonesia and

Portugal under United Nations auspices.

A Chilean delegation of two distinguished

parliamentarians was able to observe the successful

organization of the electoral process and the admirable

work of the United Nations volunteers and staff. They

also witnessed the onset of the incidents that culminated

in the massacre of which we are all aware. These acts are

totally unacceptable. We are pleased that the Republic of

Indonesia has requested the intervention of the United

Nations to put an end to violence on the island. We are

encouraged by the fact that, after so many unnecessary

deaths, it has been possible to organize a multinational

force under the efficient leadership of Australia.

I wish to reiterate and reaffirm the commitment of

Chile to the peacekeeping operations of the United

Nations. Without interruption since 1949, my country has

lent its cooperation to several of these operations. Today,

we are expanding our participation in this field and have

decided to contribute to the peacekeeping forces deployed

in Kosovo and in East Timor. In February, Chile formally

joined the reserve forces system. We have already

identified the personnel to be kept at the ready in terms

of military units, police monitors and civilian experts.

I wish to stress the importance that we attach to the

implementation of the Ottawa Convention on the

Prohibition of the Use, Stockpiling, Production and

Transfer of Anti-personnel Mines and on Their

Destruction, which Chile has signed and for which it is

completing the formalities required for its approval by our

National Congress. In keeping with the spirit and purpose

of that instrument, I reiterate my country's commitment

not to produce, export, import or lay any new anti-

personnel landmines, as we demonstrated last April in our

official declaration of a unilateral moratorium.

My country notes with optimism and hope the

positive signs that have recently emerged with regard to

20

the long-awaited resumption of the peace process between

Israel and the Palestinian people. Chile has resolutely

supported this process from the very beginning and noted

with great concern its virtual paralysis. We hope that the

Israelis and the Palestinians alike will have the courage and

resolve to opt unambiguously for dialogue and peace.

Chile expresses its concern and frustration at the

obstacles that continue to block the self-determination

referendum provided for under the United Nations

Settlement Plan for Western Sahara. We hope that the date

that has been set will be honoured so that the Sahraoui

people can have the opportunity to express their preference

in a free, informed and transparent manner.

Latin America has continued to make significant

contributions to international peace and stability throughout

the year. A final settlement has been achieved in the border

conflict between two fraternal peoples on our continent:

Ecuador and Peru. As one of the four guarantor countries

of the 1941 treaty by which those two countries are bound,

Chile is pleased to have contributed to the rapprochement

between the parties and to have facilitated the dialogue that

led this year to the settlement of their differences and the

signing of a peace agreement.

The border between Argentina and Chile is one of the

longest in the world. Numerous disagreements have arisen

in the past over its demarcation. Thanks to the political will

of the two nations, it has been possible to find solutions to

each one of these problems. I have the deep satisfaction of

announcing to this Assembly that we have reached a

settlement with Argentina on the last remaining border

dispute between our peoples. Our Parliaments have adopted

the Campo de Hielo Sur agreement and we can now

concentrate without distraction on the task of developing a

relationship of peace, friendship and cooperation and a true

strategic alliance between our two countries.

Four years have passed since, on the occasion of the

commemoration of the fiftieth anniversary of the United

Nations, the Member States undertook to intensify efforts

to reform and democratize the Organization's structures in

order to equip it to deal with the new and complex

challenges that it faces in a constantly changing

international environment. We must acknowledge, however,

that little progress has been made. It has become a truism

to point to the changes that have occurred in the

international system set up after the Second World War.

Less frequently mentioned is the fact that the institutions

have not kept pace with these changes.

Chile has stressed the need for due importance to be

given to the process of reforming the General Assembly

as the prime deliberative and decision-making body of the

entire system. It is only here that all Member States are

represented on an equal footing.

On this occasion, we reaffirm our position that the

reform of the Security Council must take into account

such criteria and principles as the sovereign equality of

States, equitable geographic representation and the need

to create conditions for a functioning that would

guarantee greater transparency and democracy in the

working methods and procedures of that body. The

persistence of the veto — which, moreover, can be

exercised without any public justification — represents a

serious obstacle to the achievement of substantive

agreements. It is a fact that most of the obstacles to the

admission of new permanent members are directly related

to the right of veto that accompanies such membership.

Clearly, the loosening of regulations that govern the

free circulation across borders of the knowledge, goods

and capital that are characteristic elements of

globalization has entailed significant benefits for our

societies. It is also true, however, that globalization has

thrown up new challenges and, in some cases, new risks,

particularly those associated with capital movement.

The international financial crisis of recent years has

demonstrated our ongoing vulnerability to events that we

cannot control and for which we are not entirely

responsible. Following the near collapse of the

international financial system, the demand for structural

reform has increased exponentially. Today, while the

situation appears more hopeful, nothing has changed in

substance. The systemic risks remain. We must relaunch,

with fresh impetus and vigour, the necessary reform

process to stabilize the international financial system in

the future.

Capital flows far exceed the value of world trade. It

is ironic that, while we have devoted so much effort to

establishing new trade regimes throughout the world, so

little has been done in the field of international finance.

The point is certainly not to impede the international flow

of capital, but to establish an appropriate international

framework to address the problems to which it may give

rise. We cannot continue to be passive spectators as

financial crises interrupt world growth and limit the

development of our countries.

21

It is also essential that we put all our energies into the

new round of multilateral trade negotiations that is just

beginning. The multilateral trade system, reflected most

accurately in the World Trade Organization, must be

strengthened with a view to ensuring sustained and

genuinely equitable growth for all countries. It is essential

that the new round soon to start in Seattle be balanced so

as to reflect the interests of developed and developing

countries alike. We also hope that it will be comprehensive

in its thematic coverage. We oppose a limited approach in

the form of sectoral trade negotiations.

In the framework of the agendas of United Nations

summits and conferences, the closing decade has witnessed

gatherings at the highest level to consider the urgent social

problems that beset mankind. From Copenhagen to Rio de

Janeiro, Beijing to Cairo, Vienna to New York, the United

Nations has accomplished a superlative task in reviewing

problems and adopting programmes of action in the most

important social spheres. In this connection, we attach the

greatest importance to the follow-up and implementation of

agreements emanating from the World Summit for Social

Development. A special session of the General Assembly,

to be held in Geneva next June, should renew the

international community's commitment to the process begun

in Copenhagen.

We welcome the recent Convention of the

International Labour Organization (ILO) on the prohibition

of the most severe forms of child labour. We are confident

that that organization, under the leadership of our fellow

Chilean, Mr. Juan Somav'a, will play an increasingly

relevant role in the new international social agenda.

Violations of the basic rights of individuals can no

longer be considered an exclusively domestic problem of a

country. Protection of these rights is the inescapable task of

the international community. This has been recognized by

Chile, which, since regaining democracy in 1990, has

firmly and sincerely supported the establishment of

effective universal and regional regimes for the protection

of human rights. We must bear in mind that the

international regime for the protection of human rights is

fragmentary and evolving. It consists of a set of standards

and institutions that are gradually beginning to be applied

with many gaps and imperfections. It should also be noted

that this regime is being applied within the context of a

certain international reality characterized by important

differences in the relative power of countries and by

selective and sometimes paternalistic practices.

Genocide and massive violations of human rights are

destined to fall within the competence of international

tribunals. Chile welcomes that tendency, but it also

recognizes that we are now in a transitional stage of the

process of globalization of justice. In this stage the norms

of jurisdictions are not clear and are subject to various

interpretations, including some that may be arbitrary and

erroneous.

Chile regained its democracy almost 10 years ago.

My Government represents those who fought for nearly

two decades to restore Chile's tradition of freedom. Our

economy has experienced remarkable growth during this

period. We scrupulously respect human rights. We

participate avidly in furthering Latin American

integration. We are adhering to the new regimes being

established by the international community in very diverse

spheres.

We have also faced the dilemma of administering

justice with respect to violations of human rights that

occurred in the past in our country. This choice has led to

considerable tension. Many countries that began the

process of transition to democracy in more favourable

conditions than Chile's preferred to circumvent such

tensions by refraining from prosecuting very serious

crimes that occurred during the previous regimes.

In these circumstances, what grounds would exist for

the judiciary of a third State to exercise jurisdiction with

respect to acts that are currently the subject of

proceedings in the court of the State in which those acts

were committed? There is no denial of justice in Chile.

We do not accept impunity for human rights violations.

The Government has initiated a broad dialogue to deal

with the consequences of the most serious human rights

violations that occurred in our country, particularly the

tragedy of those who were arrested and disappeared. At

present nearly 300 cases relating to human rights

violations committed during the authoritarian regime that

governed our country between 1973 and 1990 are being

tried in Chilean courts. In several cases, the Chilean

courts have convicted the accused and have sentenced

them to prison terms that are now being served in

penitentiaries.

We would understand if the organized international

community attempted to administer justice in countries in

which the rule of law did not prevail or where the most

basic human rights continued to be trampled. But in a

democratic State the task of administering justice must be

undertaken by that State and its institutions.

22

The Government of Chile considers it highly

undesirable that judges of other countries should claim

jurisdiction to intervene directly in that process. This claim

to jurisdiction, based on the principle of separation of

powers, means plainly and simply ignoring the principle of

the juridical equality of States. Interference in matters

within our country's jurisdiction is inappropriate and

misplaced and is tantamount to a lack of respect for our

State of law and our democracy. Today this interference

affects Chile and other fraternal countries of the Southern

Cone of Latin America. Tomorrow it may extend to the rest

of the international community, leading to juridical chaos

and competing judicial claims that will end up damaging

the international relations of many of our countries.

But our reaction to these imperfections and

discriminatory practices is not to seek refuge in outdated

principles and notions. On the contrary: we must move

forward towards a clear, orderly and non-discriminatory

regime, such as the one envisaged in the Statute of the

International Criminal Court. The establishment of a

permanent organ designed to exercise criminal jurisdiction

over persons accused of any of the crimes over which it has

competence will have the virtue of discouraging both

improper internal procedures that guarantee the impunity of

the perpetrators and attempts by judges in other countries

to make themselves the righteous of the world.

I wish to conclude by expressing prudent optimism for

the future of our Organization. Many States and other

actors, such as non-governmental organizations that make

up our increasingly vibrant international civil society, would

like to raise the standing of the United Nations. We hope

that the Millennium Assembly, to which we have given all

our support, will become the symbol of a renewed and

much stronger United Nations as it faces the new century.