Uruguay, 1994

I

wish to congratulate you, Sir, on your election to the

presidency of the General Assembly. I feel sure that with

5

your experience you will guide this session to a successful

conclusion.

In my capacity as President of the Eastern Republic of

Uruguay, elected by the free vote of our citizens, I have the

great honour of addressing the General Assembly.

My country has been linked to the United Nations

since the very moment of its creation. It not only has kept

a legal and formal link with the Organization but has

become an active participant in its political and social

activities.

As the fiftieth anniversary of the founding of the

United Nations approaches, this is an appropriate

opportunity to undertake a critical analysis of the

Organization itself and to analyse the world situation

following the crucial events of the last few years.

The consequences of the end of the bipolar are and the

cold war still affect the life of all nations. Although it has

been stated that there is now a new world order, this is

contradicted daily by events that occur in all parts of the

world. We can say that the old order no longer exists and

we can also say that the world is currently undergoing a

process of complete reordering.

We cannot yet see the end of that process, but there

are a number of different actors, of various origins. Super-

Powers and nations are no longer the only influences at

play in the international arena. Today, we can discern new

centres of power that have an unquestionable influence on

international life. I would refer - and the list is far from complete -

to the mass-communications media that standardize and

transmit opinions throughout the planet, thereby becoming

guidelines that form opinion and actions and exert an

undeniable influence.

Similarly, we could mention the re-emergence of

politically militant religious movements, both domestic and

international, which use philosophical currents to create

genuine political leverage. Although economic interests

have, since the beginning of mankind’s history, always been

factors in the power equation, market regionalization has

today strengthened the power of economic and financial

elements which, in America, Europe and Asia, are emerging

as the main protagonists of national life.

Of course, in this analysis we cannot fail to mention

the crucial and significant role played by international

organizations, particularly our own Organization, the United

Nations.

Painful experience has taught us how far mankind

still is from successfully expanding international law in

relations among countries. We are currently living in the

aftermath of the reordering process I have mentioned, and

the redistribution and relocation of the world’s centres of

power.

As part of this process, collective security

mechanisms must be thoroughly analysed. Several States

have called for review of United Nations institutions, but

we must approach that task very carefully, for our

progress will be meagre indeed if we confine ourselves to

agreeing that the new role of the United Nations should

be simply to reflect the new distribution of power that

results from the new world order. We believe, pursuant

to the Charter, that the main issue of international

peace-keeping and security is to be found in the extent to

which international society is able to guarantee full and

comprehensive observance of all of the Charter principles.

Here, emphasis should be placed on distinguishing

between reforms of the institutional mechanisms designed

to implement collective security and the integrity of the

principles of international conduct, observance of which

is the very foundation of this society.

It is indeed appropriate to enunciate these principles:

prohibition of the use of force against the territorial

integrity and the independence of States; equality of rights

and free self-determination; the duty of non-intervention

in internal affairs - a principle that is clearly of Latin

American origin; the sovereign equality of States; the

peaceful settlement of disputes and good-faith cooperation

among nations. This is not a set of abstract measures or

postulates that are overtaken by the present global

context. These principles form the essence of

international conduct for all States, the practical, direct

and unavoidable end product of international relations.

Full, comprehensive and continuing respect for these

principles will determine whether or not the international

security and stability the world so needs is achieved and

can be maintained, particularly in this era of such great

change. Speaking realistically, they could be rated as

possibilities that could, were they realized, lead to hoped-

for, feasible and compelling results. Thus, the creation,

establishment and maintenance of a climate and

atmosphere of international security are responsibilities

that are incumbent mainly on those States with the

greatest power and the greatest decision-making capacity

in the international order, although other States bear equal

responsibilities in this respect.

6

These principles are part of a whole, and they must

not yield to possible distortions, one of which calls for

change on the grounds that the world context has changed,

leading to the justification of intervention on humanitarian

grounds, and another of which is embodied in the

temptation to exaggerate some of these principles to the

detriment of others, for example invoking self-determination

as a pretext for violating the territorial integrity or national

borders of other States.

Speaking in the Security Council on 4 May 1965, my

compatriot, Ambassador Carlos Maria Velasquez, stated

with perfect clarity:

"As I said only a short time ago in this very

chamber on assuming the office of representative of

Uruguay on the Security Council, my country has long

realized from its own historical experience, which has

been no less unhappy than that of other Latin

American countries, that the world must be governed

by real respect for the rules of international law and

morality. Without this, harsh reasons of state will

continue to be the predominant factor in international

relations and the fate of small countries will remain

precarious and uncertain.

"Our attitude is not what some realistic minds

might describe as one of sanctimonious legality.

There are very real grounds - and the case we are now

considering is an example - for the small countries’

belief that strict and faithful application of juridical

provisions governing what is termed security under

law represents one of the corner-stones of our own

security."

"If I may say so, the great Powers can give such

interpretation to texts as they see fit because if, in

fact, political decisions are to be based on will rather

than on reason, it is they who have the power to

dictate them. We smaller nations need to adhere

unswervingly to the rule of law. In our own national

interest, we need to know how far we can go and,

perhaps more important still, the extent to which we

can be compelled." (Official Records of the Security

Council, Twentieth Year, 1198th meeting, paras. 33

and 34)

In this ever-changing world, diverse threats and

tensions are multiplying, even in those regions where peace

and security would seem to be firmly established.

It therefore seems urgent that the international

community effectively show that its commitment to the

purposes and principles of the United Nations Charter is

not a mere formal commitment or a passive expression of

hope.

It is indeed deplorable to see that from one session

of the Assembly to the next new confrontations continue

to occur in various parts of the world, leaving their tragic

aftermaths of death and grief. This sad reality means, as

noted in the document submitted by the Secretary-

General, "An Agenda for Peace", which clearly

emphasizes the unavoidable responsibility of each and

every one of us in this area, priority must be given to the

work of the United Nations.

Caught up as we are in a vicious circle of distrust,

civilized and fruitful coexistence will be possible only to

the extent that States carry out their actions in their

particular areas of interest in accordance with the

international legal order and in strict accordance with the

obligations incumbent upon them under the United

Nations Charter.

Accordingly, Uruguay, in a constructive spirit, has

participated actively in various peace-keeping operations

in response to the needs of the international community.

Our participation has been based on a number of

fundamental principles that govern our foreign policy,

namely, non-intervention in internal affairs, peaceful

settlement of disputes, self-determination of peoples, and

non-use of force to achieve peace.

Our assessment is that, in general, peace-keeping

operations have shown positive progress in the settlement

of conflicts, although several operational matters still have

to be improved and resolved.

First, we believe that peace-keeping operations must

be carried out in full compliance with the principles of

international law as enshrined in the Charter of the United

Nations. In this sense, and on the basis of our

experience, we believe that actions under Chapter VII of

the Charter or operations with a broad mandate should be

undertaken only as a last resort, after the political means

described in Chapter VI of the Charter have been

exhausted.

Furthermore, we believe that action of this type can

be undertaken only when there are, clearly, emergency

situations that pose a real threat to international peace and

security. In addition, we have to bear in mind the views

7

of regional organizations and those of neighbouring

countries in the areas of conflict.

On the other hand, peace-keeping operations must

have a feasible and precise mandate, as well as a realistic

schedule. Security Council decisions to send a mission

should not take account of the strategic or political

importance of the different regions and, thereby, simply

highlight differences that should not affect this type of

decision.

Uruguay has participated, and will continue to

participate actively, in activities of this kind. We are

currently taking part in seven operations - in India/Pakistan,

Mozambique, Iraq/Kuwait, Western Sahara, Liberia,

Rwanda and Georgia. Overall, more than 950 persons are

involved. Given the relatively small number of people in

our armed forces, these figures represent a high degree of

commitment, hardly matched in the international

community.

Our country provides contingents for peace-keeping

operations in the belief that we are contributing in a spirit

of solidarity to the attainment of a collective goal that

transcends exclusively national interests. We believe that

we have a right to declare that such solidarity must also be

manifested by other members of the international

community in support of this effort.

Despite its effort and the degree of its commitment,

however, Uruguay does not see a similar return from the

international community. It has not received compensation

deriving from the depreciation of equipment and materials

and from the contribution of contingents, which often pay

with their lives for their commitment to the international

cause.

We support the various efforts with a view to

adjusting the Charter of the United Nations to the changes

in the international situation - in particular, those referred

to in General Assembly resolution 47/60.

Reform of the Charter must be effected within the

framework of the need to attain greater democratization and

transparency in decision-making, and to strike a balance

between the existing Powers of the different bodies.

Uruguay favours an increase in the number of

members of the Security Council to make it more

representative and to facilitate the fulfilment of its tasks.

Here, the main challenge is to prevent an increase in the

membership of the Security Council from compromising its

efficiency. Uruguay favours a minimum of 20 members

and a maximum of 25. Uruguay does not oppose the

inclusion of new categories of members -

semi-permanent, for example - under the principle of

equitable geographical distribution, so long as this would

provide for more appropriate representativeness and equal

operational opportunity. Nevertheless, we understand that

such an innovation must be based on the idea that "more

privileges entail more obligations", including financial

obligations.

New members should be elected for fixed terms to

represent the various regions, and they should have a

mandate encompassing regional interests. We would

accept their re-election provided that the members in

question had the support of the States in their own

regions.

There are certain legal matters affecting the

Organization that deserve our attention. In this

connection, I should like to refer first to the situation

provided for in Article 50 of the Charter, which affects us

directly. Reality has shown the need for a mechanism to

ensure reparation for third States that are economically

affected by the application of sanctions imposed under

Chapter VII of the Charter. In our opinion, such a

mechanism should be permanent and should operate

automatically.

Secondly, we must pay more attention to the

question of responsibility for attacks on United Nations

and associated personnel, given the ominous increase in

the number of such attacks. This is a situation with

which our country is very familiar.

The problems facing the international community

today include issues of a global nature affecting all

Members of the United Nations, as well as other

temporary issues which concern one or more individual

States but which may have implications for the rest of the

international community.

We shall refer to both, beginning with those of a

global nature: international terrorism, international

cooperation against crime, and human rights.

Acts of international terrorism are serious

common-law crimes, which violate the most elemental

principles of individual and collective security,

irrespective of the political excuses invoked for their

perpetration. They are a flagrant violation of human

8

rights and must be fought, domestically and internationally,

with efficient and energetic measures.

Uruguay is aware of the various efforts in different

international forums, but we are concerned about the lack

of practical, concrete and global action to deal effectively

with this serious and complex problem. Although the

maintenance of internal order and security is the

responsibility of each State, cooperation between countries

is essential to coordinated prevention and punishment of

crimes that have international implications.

These mechanisms could include full respect for the

norms of extradition in accordance with the law, which are

the tangible expression of the political will of States to

cooperate in the preservation of the legal rights protected by

international agreements and by domestic legislation.

Among the many rights for the protection of which we

are directly responsible are the human rights of the child.

In this very building, in 1990, we held what was described

as the World Summit for Children. On that occasion we

adopted an extensive document intended to set the

guidelines for highly ethical action, through which nations

undertook to protect the future of mankind - our children.

This document included pragmatic issues such as the

protection of children in situations of armed conflict and the

adoption of appropriate measures to protect them.

The conflict afflicting the Balkans has given rise to

episodes that disturb the conscience of mankind. The

consequences have been particularly atrocious for the

children in the region - innocent victims of an immoral

conflict. We have brought this case to the attention of the

relevant agencies. We considered that under the

Convention on the Rights of the Child there was a case for

seeking a truce to allow for the evacuation of children from

battlefront areas. Unfortunately, nobody got beyond written

words, and our Organization was not able to prevent even

this aspect of the barbarism prevailing in that area.

In the same spirit, it is necessary that our Organization

fully enforce this Assembly’s resolution establishing the

need for effective action against the sexual exploitation of

children in order to prevent and eliminate such abuse.

Uruguay is aware of the need to preserve the quality

of the physical and human environment and of the dangers

arising from the degradation of natural resources. This is

why it has adopted the programmes in Agenda 21 of the

United Nations. Our National Parliament enacted a law

granting priority to the protection of the environment

against any form of depredation, destruction or pollution

and making environmental impact assessments mandatory.

As a State located in the Southern Cone of the

American continent, our country has a particular interest

in all issues relating to climate changes that affect us. At

the tenth session of the Intergovernmental Committee, as

a contribution to the research on this topic, Uruguay

offered to host the permanent headquarters of the

secretariat of the Convention on Climate Change.

All these actions and initiatives have been taken in

the framework of the strategy - which my country

shares - to promote lasting economic and social

development without prejudice to the environment or to

non-renewable resources, thus achieving solid and

sustained growth for both the present and future

generations.

The work of the United Nations and the specialized

agencies in the social field has earned a well-deserved

recognition. The present times call for a more crucial

role by the United Nations system and for the broadening

of activities to meet the new challenges, for example, the

growing imbalance between the wealthy countries and the

two thirds of mankind who live in poverty.

It is urgent that we check deteriorating social

conditions in the developing world, so as to prevent these

situations from becoming threats to international peace

and security. Accordingly, Uruguay enthusiastically

supports the convening of the World Summit for Social

Development, to be held in Copenhagen in March 1995.

This event will provide an opportunity to discuss global

strategies for strengthening international cooperation for

both wealthy and developing countries.

Our country is deeply concerned about the

continuing deterioration of the world economy, which

seems to be accelerating day by day. The persistence of

recession and inflation, the rise in unemployment, the

instability in foreign exchange markets, the disorder in the

balances of payments in industrialized regions, the

recurring protectionist currents that continuously depart

from GATT rules - all this inevitably delays economic

progress in the developing countries, the majority of the

States gathered here.

Free trade is still one of the bases on which to

achieve and to strengthen development processes; it is

therefore important that we have been able to conclude

the so-called Uruguay Round of GATT - but this can only

9

be seen as the end of one stage. Although in principle the

results can be described as encouraging, they will be

meaningless unless free trade is broadened in the future.

That is why the various agreements reached must be

complemented by further reducing support and subsidy

levels and by eliminating non-tariff obstacles to trade.

There is no doubt that the tasks to be undertaken by

the World Trade Organization will be of critical importance

in strengthening the process of free trade. Therefore,

prompt ratification of the Marrakech Agreements by all

countries is necessary in order to allow this new

organization to begin operations on 1 January next year.

In the context of reorganizing current international

trade relations, Uruguay firmly supports the Secretary-

General’s initiative in his report, "Agenda for

Development", which is a positive contribution in the

search for a revitalized approach to the concept of

development, as it includes the objectives of peace,

freedom, justice and progress.

Before I turn to items on particular situations, let me

take up one last global topic, that relating to progress in

international law, an area dear to my country, which is a

fervent advocate and a jealous guardian of its application.

We are convinced of the need to promote the

evolution of international law as the most effective tool to

govern relations among States. We wish to affirm our

support for the implementation of General Assembly

resolution 44/23, the objective of which is to promote the

peaceful settlement of disputes and to achieve compliance

with the decisions of the International Court of Justice,

while encouraging the codification of international law, a

goal our country has long desired.

In addition, we are pleased to see the entry into force

of the Convention of the Law of the Sea - which was

ratified by our country - and we are hopeful that some

States will be able to overcome their difficulties with

certain points and accede to the Convention, thus achieving

its full acceptance.

In conclusion, I would like to refer to three

international situations in which my country has a particular

interest, as their outcome may have consequences at the

international level and affect the credibility so necessary to

our Organization at this time of restructuring and

revitalization.

First of all, my country wishes expressly to mention

the situation in the Middle East, given our traditional

bonds with many of the States of the region. We have

always been concerned with the various approaches to

achieving peace in the Middle East. In this connection

we recall Uruguay’s co-sponsorship of the repeal of

resolution 3379 (XXX), which illogically and unjustly

determined that Zionism was a form of racism.

Uruguay has always supported all actions, in

accordance with international law and with the resolutions

of the Security Council, aimed at achieving peace through

the negotiation of agreements among the parties involved,

as the only valid alternative allowing the parties the

possibility of living within safe and recognized borders.

We have recently witnessed an acceleration of these

negotiations, with considerable progress in the

achievement of border agreements, the opening of air

communications and the recognition of the State of Israel.

At the same time, however, we note with concern the

recurrence of terrorist attacks aimed at crippling this

process - the final goal of which is desired by the

overwhelming majority of the international community:

the achievement of permanent peace in that region.

We understand that this session of the Assembly can

be instrumental in furthering progress in the peace

process, by the Organization’s adoption of a realistic and

up-to-date position on the current negotiations, modifying

the contents and style of General Assembly resolutions in

keeping with this new stage.

We in the American hemisphere believe that the

Cuban situation must be seen in the light of two

considerations: on the one hand, the view - shared by our

country - that pluralist and representative democracy and

the protection of human rights must be fully consolidated

in our continent without any exceptions; and, on the

other, the perspective of respect for the principles of the

United Nations Charter regarding non-intervention and the

self-determination of peoples.

Observance of these precepts and of general

international law implies the adoption of unambiguous

criteria regarding the economic, commercial and financial

blockade of Cuba. In this sense, our country, true to its

consistent policy, will support the resolution that

establishes the need to eliminate the unilateral application

for political purposes of economic and commercial

measures against another State - without, however, any

10

implications of recognition or acceptance of the type of

regime prevailing in that country.

Lastly, the position of Uruguay on the crisis in Haiti

is well known. Our country has invariably opposed any

kind of military intervention lacking the necessary legal

support. Under the Charter of the Organization, the use of

force is limited to cases in which the community is

confronted with a clear threat to international peace and

security.

Regardless of the dynamics of events, we still believe

that political instances and dialogue are the best instrument

for preserving the principles of international law and

settling situations of this nature.

International, and particularly hemispheric, relations

must take place against a backdrop of realism and legal

security: realism to adjust to ongoing change in the internal

and external aspects of each country; and legal security to

find in law the criteria of equity and justice that make the

principle of the sovereign equality of States feasible and

credible.

May the upcoming commemoration of the fiftieth

anniversary of the United Nations be an opportunity to

reflect on what has been achieved and - as was so well said

by the Secretary-General - to learn the lessons of the past

as a challenge for the achievement of future goals.