Trinidad and Tobago, 2011

Mr. President, I congratulate Mr. Al-Nasser on his

election to preside over the sixty-sixth session of the

General Assembly, and extend the best wishes of the

Prime Minister of Trinidad and Tobago, Mrs. Kamla

Persad-Bissessar, and of the Government and people of

my country, on whose behalf I address the Assembly.

I also welcome South Sudan as the newest

Member of the United Nations.

More than six decades ago, the United Nations

was established, among other things, to save

succeeding generations from the scourge of war,

promote social progress and better standards of life in

greater freedom, and employ international machinery

for the promotion of the economic and social

advancement of all peoples.

Notwithstanding instances of conflicts that have

threatened to reverse the gains achieved since 1945, the

United Nations, with the support of Member States, has

achieved some success in maintaining international

peace and security. An important ingredient fuelling

this success has been the promotion by the United

Nations of the principle of the settlement of disputes

through pacific or peaceful means.

The Government of Trinidad and Tobago is very

supportive of the President’s choice of the theme for

this debate, “The role of mediation in the settlement of

disputes by peaceful means”. It provides, in our view,

an opportunity for members of the international

community to reaffirm their commitment to this

important principle, which is not only enshrined in the

Charter of the United Nations but also widely accepted

as forming part of customary international law.

The Charter is the primary legal instrument

governing the conduct of international relations among

States. Indeed, Article 33 imposes a binding legal

obligation on parties to disputes to settle them first of

all through peaceful means. Under Chapter VII, the

Security Council is also required, as a first resort, to

use peaceful means to resolve disputes that constitute

threats to peace, breaches of the peace, and acts of

aggression.

We meet at a time when peoples everywhere are

seeking more direct roles in the governance of their

societies; when they are not prepared to be silent

spectators to their plight; when ordinary, law-abiding

citizens are prepared to die for the cause of freedom

from tyranny and for democracy; when leadership that

is anything less than democratic is unacceptable; when

social media have united the peoples of the world into

a global community with one aspiration — the dignity

of the human person; and when the hunger of the souls

of peoples of many nations for democracy cannot be

appeased by false promises of a distant utopia. Above

all, we are witnessing levels of youth alienation and

restlessness that challenge leaders to bridge the gap

between old cultures and traditions of governance with

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new aspirations. There will be no future that is

peaceful unless the cynicism of the young is addressed.

Developments in the Middle East and in North

Africa reveal a global growing dissonance among the

masses with regimes that trample on the freedoms

fundamental to democracy and do not allow for

participation in governance. In a world linked by social

media, the risk of a people’s uprising that transcends

continents and borders is real. It is a kind of social

chaos that as leaders we must all prevent. If we do not,

the gains we have made will be lost and a kind of

anarchy could be set in motion.

What are the reasons for all of this? They have to

do with the perception of a denial that people feel

exists today. That denial is political in nature in terms

of shared governance; it is also material in nature, as it

relates to the way people feel about how resources are

allocated in their countries; it is also spiritual in nature,

because of the general emptiness that people feel when

it comes to realizing their human potential.

Politically, the age of totalitarianism and

anti-democratic leadership styles is over. When it

comes to the use of their countries’ material resources,

people wish to see more equitable distribution and

application in ways that improve basic standards of

living. The ability to eat even a single meal or to

receive basic health care, education, affordable public

transport and housing is today at the top of the list of

people’s priorities. As leaders of the world, we must

stop and we must answer. Now more than ever, the

world must allocate its resources equitably, ethically,

sustainably and transparently.

While we at the United Nations generally talk

about mediation as settling differences among nations,

perhaps the real mediation has to be between

generations. Leaders must now adopt styles of

leadership that embrace active listening to the views of

those governed. Leaders must develop approaches that

build consensus and promote participation, since

people now demand a greater say in how their futures

are shaped. They want to author that future, not be

dictated to. They want to arrive at a destiny that they

have shaped, not one that is shaped for them.

The defeat of economic and social demons will

come about only when there is unity of purpose,

nationally and globally — a reality that is possible only

when the energies of all stakeholders are harnessed

around a common vision. A common vision cannot be

fostered when conflicts, internal or external, are

allowed to fester. This results in the further alienation

of people who often resort to violence and socially

disruptive behaviour to solve disputes.

Trinidad and Tobago has always advocated the

settlement of disputes by peaceful means. This is based

on our support for an international order founded on

respect for the rule of law. In this regard, we hold

sacred the territorial sovereignty of States and the

inalienable human rights and fundamental freedoms of

individuals. We also view the promotion of justice as

indispensable to the maintenance of peace and security

at the national, regional and global levels.

Nevertheless, none of these objectives would be

attainable if there were no systems encouraging

Member States to settle disputes peacefully. That is

why we have always been vociferous in our support of

the work of the International Criminal Court and other

tribunals established to promote peace by dispensing

justice.

Trinidad and Tobago relies heavily for its

economic development on the exploration and

exploitation of the living and mineral resources of the

maritime zones within our national jurisdiction. In

doing this, we have had to delimit our maritime

boundaries with neighbouring coastal States in

accordance with the relevant provisions of the 1982

United Nations Convention on the Law of the Sea and

other applicable rules of international law. I can assure

the Assembly that this has been done by peaceful

means, either through diplomatic negotiations or by

arbitration pursuant to the provisions of annex VII of

the Convention.

Trinidad and Tobago recognizes the importance

of the need to settle disputes by peaceful means.

Consequently, we have become parties to several

conventions for settling commercial and investment

disputes. These have been given the force of law in our

jurisdiction. For example, our 1996 Foreign Arbitral

Awards Act gives effect to Trinidad and Tobago’s

obligations under the 1958 Convention on the

Recognition and Enforcement of Foreign Arbitral

Awards. Additionally, as a State party to the

Convention on the Settlement of Investment Disputes

between States and Nationals of Other States, we also

recognize that, like States, foreign nationals who invest

in Trinidad and Tobago must be in a position to avail

themselves of the conciliation and arbitration services

provided by the International Centre for Settlement of

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Investment Disputes, which is an impartial

international forum for resolving potential investment

disputes. Such treaties not only provide the requisite

reassurance for investors, who know that any dispute

that may arise will be settled through an objective

process; they also serve as incentives for would-be

investors to do business in Trinidad and Tobago.

We in Trinidad and Tobago support the position

taken by the International Court of Justice and the

International Law Commission that all Member States

are bound to refrain in their international relations

from the threat or use of force against the territorial

integrity or political independence of any State, or in

any other manner inconsistent with the purposes of the

United Nations. It is for these reasons that we have

always upheld the position that border disputes in our

region or any part of the globe should he settled

peacefully. It will be recalled that as far back as 1970,

Trinidad and Tobago, through the good offices of our

former Prime Minister, the late Mr. Eric Williams,

facilitated the conclusion of the Protocol of Port-of-

Spain, whereby Guyana and Venezuela agreed to a

12-year moratorium on their border dispute.

Since then, Trinidad and Tobago has supported

other initiatives mounted by the Caribbean Community

(CARICOM), the Organization of American States and

the United Nations aimed at resolving this dispute by

peaceful means. Elsewhere in our region, we have

encouraged the use of good offices and mediation to

resolve the border dispute between Belize and Guyana,

as well as internal disputes in Haiti. Our support for

these regional initiatives is in keeping with the

provisions of Article 52 of the Charter, which envisions

a role for regional organizations in the pacific

settlement of disputes.

Further afield, we have always advocated that the

Middle East conflict should be settled peacefully.

Trinidad and Tobago supports the quest of Palestinians

for a State of their own with secure borders, alongside

the State of Israel, whose borders must also be secure

and free from terrorist attacks. The United Nations

must continue to show leadership and work with the

Arab League and other entities to resolve the decades-

old conflict between Israel and Palestine so that there

can be lasting peace in the region. For far too long, we,

like the rest of the world, have witnessed the

horrendous loss of life and destruction of infrastructure

which have erased the hopes and prospects of many

young people for a bright future in the place of their

birth.

The efforts of States at the national or regional

levels for the settlement of disputes emphasize their

primary responsibility under the Charter to settle

disputes peacefully. These are supplementary to and

reinforce the role of the United Nations as mandated

under the Charter. Trinidad and Tobago therefore

welcomes the renewed emphasis placed by the United

Nations on mediation and other means for the peaceful

settlement of disputes, as demonstrated in the report of

the Secretary-General dated 8 April 2009 (S/2009/189),

as well as the adoption on 22 June 2011 by the General

Assembly of its resolution 65/283, entitled

“Strengthening the role of mediation in the peaceful

settlement of disputes, conflict prevention and

resolution”.

During her contribution to the general debate last

year (see A/65/PV.20), The Honourable Prime Minister

of Trinidad and Tobago, Mrs. Kamla Persad-Bissessar,

took the political initiative to call on the General

Assembly to adopt a resolution on women,

disarmament, non-proliferation and arms control. That

resolution, which was eventually adopted by the

Assembly as resolution 65/69, calls on States to

promote the equitable representation of women in all

decision-making processes with regard to matters

related to disarmament, non-proliferation and arms

control.

One year later, the United Nations continues to

make strides in placing women at the centre of all of its

activities. This has been reflected, for example, in the

establishment of the United Nations Entity for Gender

Equality and the Empowerment of Women

(UN-Women). Consistent with this action, Trinidad and

Tobago applauds the decision taken by Member States

in resolution 65/283, which recognizes the importance

of the full and effective participation of women at all

levels, at all stages and in all aspects of the peaceful

settlement of disputes, conflict prevention and

resolution, as well as the need to address the lack of

women as chief or lead peace mediators.

Women are among the most vulnerable during

conflicts, internal or otherwise, and hence must be

involved in all vehicles relating to the settlement of

disputes and conflict prevention. The absence of

women in the process could result in the development

of peace agreements which are not comprehensive in

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scope and which may not address those issues that

affect women during periods of conflict and which

continue thereafter.

The inclusion of women in the peaceful

settlement of disputes and conflict prevention is related

to their involvement in the political process. Women, in

whatever part of the world, must not be left out of the

political decision-making process. The Honourable

Prime Minister of Trinidad and Tobago continues to

demonstrate her commitment to the participation of

women in Government in meaningful ways, both

nationally and internationally. Her advocacy with

respect to this issue resulted in the hosting in Trinidad

and Tobago in 2011 of regional seminars to promote

this democratic and just cause.

Bearing in mind the significance of this subject,

Prime Minister Kamla Persad-Bissessar, together with

other States, the United Nations Development

Programme and UN-Women, successfully co-hosted a

high-level colloquium on women’s political

participation last Monday in the margins of the General

Assembly. It was gratifying and fulfilling to see a room

overflowing with women from all over the world

championing the common cause of gender equality.

The event clearly demonstrated that the small size of a

country is not a deterrent to the realization of big

dreams and the fulfilment of wholesome ideals in the

pursuit of human development.

As part of the colloquium, the Prime Minister of

Trinidad and Tobago was among those leaders who

signed a declaration on advancing women’s political

participation. It is the hope of Trinidad and Tobago that

the outcome of this event will promote greater global

consciousness and discussions on the participation of

women in Government and the advancement of

democracy globally. In keeping with the objective of

this meeting, Trinidad and Tobago calls on Member

States to implement the provisions of resolution 65/283

on the inclusion of women as mediators in the peaceful

settlement of disputes and conflict prevention. At the

same time, we would also welcome greater efforts to

recruit lead mediators from developing countries and

from small countries, particularly small island

developing States, including in the Caribbean,

consistent with the principle of equitable geographic

distribution in the recruitment of United Nations

personnel.

Like women, our young people are also very

susceptible to the negative effects of strife and

therefore they, too, must be protected. A number of

cases before the International Criminal Court (ICC)

show that the perpetrators are on trial or under

investigation for committing war crimes because they

conscripted or enlisted children under the age of 15

into their national armed forces or used them to

participate actively in hostilities. In addition to

mechanisms aimed at bringing the accused to justice,

we support all those aimed at rehabilitating young

people who have survived conflict so that they can

advance, reach their fullest potential and contribute to

the development of their societies. This can be

achieved if they are able to enjoy their basic human

rights. Thus we call on States that are in a position to

do so to contribute to UNICEF, the International

Committee of the Red Cross and the ICC Trust Fund

for Victims, which assist in the rehabilitation of

children and other victims of armed conflict.

Trinidad and Tobago endorses a number of other

elements contained in resolution 65/283 relating to the

strengthening of the position of the United Nations in

assisting States to develop their capacity to employ

mediation and other peaceful means to resolve

disputes. While the adoption of the resolution is

laudable, it is only a means to an end. Member States

must ensure that all aspects of the resolution are

implemented fully. In this regard, Trinidad and Tobago

wishes to underscore the importance of the provision

of adequate resources to the Department of Political

Affairs and its Mediation Support Unit. Without the

required resources, the Secretary-General will not be

able to effectively use his good offices and other

mediation capacities to help resolve existing and future

disputes.

The escalation of armed conflict and armed

violence is fuelled by several factors. One component

is the illegal proliferation of conventional arms,

including small arms and light weapons which have

been diverted from the legal market to the illicit trade.

The United Nations, in keeping with its obligations

under the Charter to promote and maintain

international peace and security, has recognized the

impact of the illegal trade in conventional arms on the

peace and security of countries and regions and has

adopted several resolutions and implemented different

programmes to address this matter.

21 11-51398

But for us in Trinidad and Tobago and the

CARICOM region, the most ambitious measure

undertaken so far is the decision to convene a

conference in July 2012 to negotiate the text of an arms

trade treaty. Trinidad and Tobago and its CARICOM

partners have been very active in the deliberations of

meetings of the Preparatory Committee examining

possible elements for inclusion in the treaty. As we

approach the 2012 conference and begin to reflect on

items to be included in the agreement, considerable

care must also be taken to ensure that there are

adequate provisions for the settlement of disputes

which may arise among future States parties on the

interpretation and application of the provisions of the

arms trade treaty.

The absence of peaceful means to resolve

conflicts has led to genocide, war crimes and other

pernicious misdeeds of concern to the international

community. In many cases, they have stymied

economic growth and social progress and have

destroyed human lives. They have limited the capacity

of many States in conflict, especially those in the

developing world, to achieve the Millennium

Development Goals. We must save current and future

generations from the plague of war brought about by

intolerance, xenophobia, border disputes and

disagreements over the allocation of resources. We in

Trinidad and Tobago feel that a concrete way of doing

this — an intervention strategy — is to focus, as my

country is focusing, on universal preschool education,

because we believe that the human values that are

inculcated in children from birth until ages 5 or 6 help

them to appreciate the value of peace and the value of

interpersonal peace.

Additionally, the United Nations and other

intergovernmental organizations must address the

impatience and restlessness of today’s young people,

who are fed up with the misallocation of resources and

the lack of both transparency and peoples’ involvement

in the processes of governance. Their desires to

reshape the world to reflect greater participation,

empathy and democratic principles ought not be

ignored by leaders. We are convinced that those

aspirations will be achieved if mediation and other

peaceful means of solving disputes, among other

strategies, are adopted — and not just among nations,

but among individuals and internally within countries.

Trinidad and Tobago remains committed to

working with regional partners, the United Nations and

other actors to promote global peace. We must

strengthen our capacity to use mediation,

complemented by the introduction of new approaches

to Government and governance, such as the greater

participation of women and a desire to build consensus.

We believe that unless leaders listen more, unless

we employ mediation to resolve disputes, unless we

incorporate our disenfranchised women in governance,

unless we listen to the real message of today about

greater participation in governance, and unless we

realize that humankind has common challenges as it

addresses issues like climate change, then the world

will have missed a golden opportunity to advance the

cause of humankind and promote global peace.

Let us therefore endeavour to resolve our

common global challenges, for to do otherwise would

be to fail succeeding generations of humankind, for

which we who meet here today will never be forgiven

nor forgotten.