SPAIN

STATEMENT BY

THE MINISTER OF FOREIGN AFFAIRS OF SPAIN

H.E. MR. JOSEP PIQUE

GENERAL ASSEMBLY

I wish to congratulate you sincerely on your election as President of this United Nations General Assembly the Millennium Assembly. I also wish to thank your predecessor, Minister Guaribab for his work which culminated in the recent Millennium Summit.

I welcome Tuvalu as a new United Nations Member State. I am sure that it will make a useful and enriching contribution to the work of the Organization.

Mr. President,

What kind of United Nations do we want? Why and to what purpose do we need the United Nations in this new millennium? The Millennium Summit was convened in order to answer these questions. The task of this General Assembly is to specify and implement the guidelines that the Summit has proposed. Spain wishes to suggest some ideas for progress in three of the Organization's basic spheres of action: managing globalisation, combatting poverty, and peacemaking.

The United Nations that we want must be our main instrument for meeting the many challenges of globalisation. Its universal nature places our Organisation in an ideal position for that purpose. It would be unforgivable if it were not capable of rising to this task, which has to be undertaken in very different fields.

For instance, in the field of human rights. The drive towards process of universalization of human rights constitutes one of the United Nations' most valuable contributions to international relations since the adoption of the Universal Declaration of Human Rights in 1948. If the 20th century has been that of the formulation and international structuring of human rights the next century must be that of the universalization of their effective implementation.

The practices to be eradicated most urgently are those of racism, racial discrimination, xenophobia and intolerance. The 2001 World Conference against Racism must be an effective instrument to that end. We must also strive to abolish the death penalty, which we consider a punishment contrary to human dignity. The adoption of moratoria can be a first step towards its total ban.

Our Organization must enable us to provide solutions, in a spirit of solidarity, to humanitarian problems which until recently have simply not been addressed. The consequences have been borne by defenseless civilian populations. I refer to the situation of refugees, of those displaced within their own countries, the civilian victims of armed conflicts, and international aid workers who are subject to threats or coercion. It is essential to broaden the scope of our action in this area, and pay special attention to the most vulnerable sectors of the population.

Last week, in this very building, the President of the Spanish Government signed the two optional protocols to the Convention on the Rights of the Child, relative to children in armed conflicts, the sale of children, and child prostitution and pornography. In that same vein, the United Nations General Assembly this year adopted a resolution agreeing to the holding in Spain in 2002 of the 2nd World Assembly on Aging. We, for our part, shall do everything possible to ensure the success of such important event.

It is within this context that we need to refer to the issue of "humanitarian intervention" so aptly proposed on more than one occasion by the Secretary-General. The United Nations that we want cannot be an organization that remains paralysed in the face of massive violations of human rights, wherever they may take place. When that has occurred, its prestige has been seriously affected, and it has been left out of basic decision-making in times of crisis. The disgust provoked by a passive stance in the face of these atrocities, and the need to strengthen the role of the Organization in crisis situations are merely two sides of the same coin. It is essential that we be capable of building consensus on at least two fundamental issues:

- the actions regarding which the international community cannot remain idle: for example, war crimes, crimes against humanity, and genocide which are the offenses referred to in the Rome Statute of the International Criminal Court;

- likewise, consensus among the permanent members of the Security Council regarding the cases in which they should refrain from exercising their veto to block Security Council resolutions aimed at putting an end to massive violations of human rights.

The principle of state sovereignty continues to be essential in contemporary international society. But it must not be used as a protective shield in order to trample upon human rights with impunity.

The establishment of the International Criminal Court signals the direction in which the international community is moving in this area. The coming into being of an international system of criminal justice constitutes the most important change in international law since the adoption of the San Francisco Charter. I am pleased to inform this Assembly that my country's ratification process of the Statute of Rome concluded yesterday. I am confident that the International Court of Justice will become a reality in the not too distant future. Therefore I trust that the Rome Statute will be signed and ratified by the largest possible number of states, without any amendments either directly to its wording or indirectly to its spirit, that might affect its integrity and effectiveness.

Mr. President,

If there is an issue that highlights the kind of global interests which demand our collective management it is that of environmental protection. It is imperative that the Kyoto Protocol for combatting the greenhouse effect should come into force in 2002, at the latest. Spain is a signatory of the Protocol, as well as of the agreements on the ozone layer, bio-diversity, bio-security and desertification the latter problem being one which especially affects my country.

Unfortunately, globalisation has also generated fresh opportunities for the development of universal scourges such as terrorism and trans-national organised crime. At the same time it provides us with new instruments for combatting them, provided that we agree on how to use them. Spain supports the drafting of a general convention against international terrorism, and is grateful to India for its initiative in this respect. The work aimed at the adoption of a convention against trans-national organised crime must also be concluded.

Mr. President,

One of the United Nations' top priorities is the fight against poverty. The Millennium Summit has focused our attention on the measures directed at eradicating poverty. The specific implementation of these measures must be a basic aspect of the work of this General Assembly. The United Nations that we want must make it possible for developed and developing countries to conclude agreements regarding the role they must play in this task.

The high-level meetings that will be held in 2001 on Development Financing and the Least-Advanced Countries must be put to good use. Spain will certainly do everything within her power to contribute to their success. My country follows the guidelines set forth by the World Social Development Summit to the effect that at least 20% of co-operation resources should be devoted to basic social sectors such as health, education, housing and employment, which are those that have the greatest impact on the most disadvantaged layer of the population and, as a result, on the eradication of poverty. Spain has prepared an ambitious program of micro- credits aimed at meeting the needs of the least favored sectors of the population of developing countries.

Moreover, Spain has set up debt-relief programs in several countries, including Mozambique and the Central-American countries most affected by Hurricane Mitch. We resolutely support the initiative on the highly indebted poor countries, and are of the opinion that medium-income countries with serious externaldebt problems should not be excluded either from debt-relief plans as long as they implement meaningful domestic programs for eradicating poverty.

In the health sector, there have been severe setbacks in recent years in the fight against infectious diseases especially in Africa. Spain actively backs UNAIDS and the efforts underway to facilitate access to drugs against AIDS for patients in developing countries. It likewise supports the holding of a special session of the United Nations General Assembly on this illness. Moreover, Spain has special interest in examining possible action against other infectious and parasitic diseases, particularly in Africa.

Mr. President,

The first sentence of the Charter states the United Nations' resolution to preserve coming generations from the scourge of war. We must not resign ourselves to the eternalization of regional conflicts. In Africa, a solution has not yet been found for the situation in Congo, which for years has ravaged one of the richest and most influential countries in the continent. Angola and Sierra Leone continue to be the backdrop for civilian conflicts, often financed by the illegal sale of diamonds and other precious resources.

Political and practical support for the United Nations and the mission deployed on the ground has been a constant feature of Spain's policy concerning the dispute over Western Sahara. Therefore, my country will maintain its unflinching commitment to a definitive settlement of this dispute and will support the efforts by the Secretary-General and his Special Envoy in compliance with Security Council Resolution 1309.

New prospects have opened up in the Middle East following the Camp David summit. It is necessary to consolidate the important progress made there and take advantage of this historic opportunity to conclude an agreement on all outstanding issues. Spain considers that, pursuant to the Declaration of Berlin, the Palestinian people are entitled to establish their own state. The evolution of the peace process must be reflected in the resolutions to be adopted this year by the General Assembly, which must not be a mechanical repetition of the wording used in previous years.

The situation in Iraq is nevertheless proving to be frustrating. The interruption of weapons inspections, the absence of any foreseeable date for lifting the sanctions, the continuation of armed action, and the difficult humanitarian situation in the country all cast a situation that is far from encouraging. It is imperative that consensus within the Security Council on this matter be strengthened and that Iraq should collaborate with the United Nations with a view to the full implementation of Resolution 1284 and other pertinent resolutions.

In Latin America, it is essential that the international community send a clear message of support for the peace process in Colombia. The efforts by President Pastrana to reach an agreement that will put an end to decades of violence and lack of security deserve the backing of us all.

The difficulties faced by the United Nations mission in Kosovo (UNMIK) in accomplishing its task should not overshadow its achievements to date in what is probably the peacekeeping operation with the widest-ranging objectives ever undertaken by the United Nations that is, to pacify the territory, to reconcile its population, to rebuild its economy, and to enable Kosovo (as stated in Resolution 1244) to enjoy substantial autonomy and its truly own administration, while respecting the principle of territorial sovereignty and integrity of the Federal Republic of Yugoslavia.

Many of these conflicts could perhaps have been avoided. Spain unreservedly supports the Secretary- General's efforts to direct the Organization's strategy towards conflict-prevention. His report on Africa provides an innovative focus on proposing a wide-ranging package of measures for addressing the conflicts on the African continent.

An important element in this arsenal of diplomatic preventive measures is a sound sanctions policy. The sanctions regime must be carefully graduated in order to fulfill their goal: that of punishing the policy of a particular government which constitutes a threat to peace, without thereby harming the civilian population of that country (which in many cases is totally powerless to influence the decisions of its government) or third parties. Sanctions must be applied in a flexible way and subject to periodic review that enable them to adapt to changing circumstances.

Disarmament and non proliferation are another two essential elements of conflict-prevention. It is necessary to overcome the setbacks suffered in recent months by the nuclear non-proliferation process and to promote the signing and ratification of the Comprehensive Nuclear Test Ban Treaty. It is likewise a matter of concern that it has not yet been possible to start negotiations on a protocol on fissile material: it is urgent to achieve the necessary consensus to that end.

The conclusion of the negotiations on the Verification Protocol to the Convention on Biological Weapons must signify an achievement in this field as important as the entry into force of the Convention on Chemical Weapons. In the same way, the 2001 Conference on Small and Light Arms must constitute a milestone comparable to the Ottawa Convention on Anti-Personnel Mines.

Mr. President,

Another of the United Nations' goals must be to conclude the decolonisation process world-wide, by doing away with the last vestiges of colonialism. One of them persists, as a painful anachronism, in Spanish territory. I am, of course, refering to Gibraltar where, nearly three centuries after its population was expelled and the Rock was occupied by British troops, a colonial situation still lingers, This is an infringement of my country's territorial integrity and contravenes the provisions of General Assembly Resolution 2353. Regaining sovereignty over this part of our territory is a permanent goal for Spain, which is fully in favor of a meaningful dialogue. It is regrettable that the United Kingdom has not yet shown a genuine political will to solve this problem. Because of this, fifteen years after the start of bilateral talks in the framework of the Brussels process and in conformity with the decisions of this General Assembly, we have not registered any progress at all on this matter, in spite of several concrete proposals put forward by our side.

Mr. President,

We strive for a United Nations that will be capable of carrying out the tasks that have been entrusted to it. To achieve this it must complete its process of reforms. For instance, the role of the General Assembly the only body in which all the Member States are represented must be enhanced as the United Nations' driving force for debate and political impetus. Civil society should be incorporated to a greater extent into the Organization's tasks; this would contribute to bringing people closer to the United Nations and to securing a greater commitment from them with regard to its work.

It is also necessary to reform the Security Council in order to enable it to fully perform its duties in maintaining peace and international security. The Spanish Government considers that this reform must draw its inspiration from the following principles:

- consensus: it must be conducted on the basis of a broad and solid consensus, in order to avoid dangerous divisions among Member States and to provide the enlarged Council with the greater legitimacy needed so as to carry out its work effectively;

- democratization: it must allow for enlargement of the number of non-permanent members from all regional groups, and especially from the developing world. Spain considers that an enlargement of the category of non-permanent members would best reflect the trend towards the democratization of international society in the threshold of the third millennium;

- effectiveness: steps must be taken to prevent exercise of the veto power from blocking the Council in particular crises;

- transparency: the Council's working methods must be improved, by increasing the number and quality of the consultations among its members and with other Member States, so that the latter will not be left out of the decision-making process.

The Organization that we need must also be able to act firmly and effectively on the ground in order to keep peace. The first step in this direction is to reflect on the mistakes that have been made in the past. Therein lies the importance of the Brahimi report on Peacekeeping Operations, which in the same way as former reports on Rwanda and Srebenica hit a raw nerve when it acknowledged our faults and proposed solutions for overcoming them.

The Organization's shortcomings in this field have at times been very serious, and have cost human lives and great suffering to the people who were directly affected. They have also cost grave discredit to the United Nations in the eyes of our people Spain has a direct interest in ensuring that the peacekeeping operations are organized and managed on solid ground because at this time hundreds of Spaniards are participating in such far away places as East Timor, Kosovo, Ethiopia and Guatemala. Moreover, last year Spain signed an agreement with the Secretariat on the Stand-by Forces an agreement in which some of the recommendations contained in the Brahimi report already appear.

Spain steadfastly supports these recommendations and hopes that they will be rapidly implemented. At the same time, we must be aware that all this will require a much larger political and financial commitment on the part of everyone. It will require faster deployment of the necessary military and civilian units, and larger-scale measures in order to consolidate peace once conflicts come to an end. Above all, if United Nations troops are compelled to take greater risks in order to guarantee the implementation of Security Council mandates, these must be clear, realistic and have the unequivocal backing of the Council. All this requires a serious effort to find common positions and to achieve consensus within the Council, eliminating any ambiguities that could hamper their effective application. It means more resolute and unwavering action against specific states or groups which may attempt to disrupt such action, including the possible application of sanctions. Only then may we send our troops to situations in which they will have to risk their lives in order to ensure that these mandates are upheld.

Improving peacekeeping operations will undoubtedly be costly. Neither this nor any of the other of the tasks facing the Organization will be possible if it does not solve its financial crisis. Spain is the eighth largest contributor to its regular budget, and pays its contributions on time, fully and unconditionally. Therefore we have a direct interest in seeing the Organization's financial crisis solved once and for all as soon as possible. The principle of capacity to pay must continue to be the basic criterion for deciding the assessed contributions. European Union partners already contribute to the UN. budget well over what they should in accordance with this principle. Spain's stance will be a constructive one in the negotiations to review the scales of assessments later this fall.

Mr. President,

In an increasingly interdependent world, there is no alternative to multilateral co-operation. The United Nations must rise to the occasion in order to fulfil the expectations of the peoples who founded it. The countries represented here must face up to that responsibility by building an organization capable of providing solutions to the challenges that globalisation entails for humankind in the new millennium. The United Nations that we want is possible, It is within our reach to achieve it.

Thank you, Mr. President.