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General Assembly Session 58 meeting 54

Date4 November 2003
Started10:00
Ended12:55

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A-58-PV.54 2003-11-04 10:00 4 November 2003 [[4 November]] [[2003]] /
The President: The Hon. Julian R. Hunte (Saint Lucia)
The meeting was called to order at 10 a.m.

Agenda item 29

Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba

Report of the Secretary-General (A/58/287)
Draft resolution A/58/L.4
Mr. De Alba (Mexico)

Mexico comes to this highest international forum to reiterate its rejection of the application of unilateral laws or measures imposing an economic blockade against any nation. My country, moreover, has always rejected the use of coercive measures as a means of applying pressure in international relations.

Mexico bases its foreign relations on the principles of international law that govern the fellowship among nations, and which are also enshrined in our Constitution. These principles include the self-determination of peoples, non-intervention, the peaceful resolution of disputes, the prohibition of the threat or use of force, the legal equality of States, international cooperation in development and the struggle to achieve international peace and security.

For the foregoing reasons, the Mexican Government has unequivocally voiced its rejection of the imposition of political, economic or military sanctions that have not been explicitly approved by the Security Council or by the General Assembly.

My delegation has rejected the economic, trade and financial blockade imposed unilaterally against Cuba and has for more than a decade now consistently supported all resolutions adopted by the General Assembly regarding the need to end that blockade.

My country believes that the Helms-Burton Act is contrary to the norms of international law, a position that is in full accord with the opinion of the Inter-American Juridical Committee of the Organization of American States, issued on 4 June 1996.

For that reason, Mexico promulgated an Act to protect trade and investment from foreign norms that contravene international law, which came into force on 24 October 1996, in order to check the adverse extraterritorial impact of foreign norms that impinge upon Mexico's free trade with other countries and which violate international law to the detriment of any State.

In August 1999, Mexico supported Cuba's membership in the Latin American Integration Association and, in May 2001, signed an agreement with that country for the promotion and reciprocal protection of investments, among other measures.

More recently, at a meeting on joint cooperation for development between Mexico and Cuba, held on 14 and 15 October in Mexico City, a programme of technical and scientific cooperation was established for the period 2003 to 2005.

The blockade against Cuba must be brought to an end. Over the last decade, the General Assembly has exhorted Member States on repeated occasions to refrain from promulgating and applying laws and measures of an extraterritorial nature. At the current session of the General Assembly, Mexico, for the twelfth time, will renew its support for the resolution calling for the lifting of the blockade against Cuba, as unilateral measures adversely affecting the sovereignty and trade freedom of States are in contravention of my country's foreign policy and the spirit of the Charter of the United Nations. In accord with our steadfast position of principle, and as we have been doing since 1992, Mexico will vote in favour of draft resolution contained in document A/58/L.4.

Mr. Aboutahir (Morocco)

The Group of 77, at their first summit in Havana in 2000, called for the end of the economic embargo against Cuba. In this context, I would like, on behalf of the Group of 77 and China, to reiterate the position of the Group of 77 on the agenda item before us today, entitled "Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba".

We have read the report of the Secretary-General (A/58/287) on this item. As already emphasized at past sessions of the General Assembly by the Chairman of the Group of 77, it is important to highlight the fact that the economic, commercial and financial embargo imposed against Cuba is a unilateral act, the extraterritorial effects of which have no validity in international law. It is therefore necessary that the embargo be lifted to allow a free flow of international trade.

The South Summit of the Group of 77 held in April 2000 expressed its conviction that national laws should not have extraterritorial applicability. While underlining the importance of North-South relations, the Group of 77 and China would like to reiterate the following points made at the South Summit.

First, that the elimination of laws and regulations with adverse extraterritorial effects and other forms of unilateral economic coercive measures is imperative, as they are inconsistent with the principles of international law, the United Nations Charter and the principles of the multilateral trading system.

Secondly, the Group of 77 reiterates its concern about the impact of economic sanctions on the civilian population and the development capacity of targeted countries. It therefore calls on the international community to exhaust all possible peaceful methods of dialogue before resorting to sanctions, which should only be considered as a last resort. If there is no alternative to sanctions, then sanctions may only be imposed in strict conformity with the Charter of the United Nations. In addition, sanctions must contain clear objectives, time frames and provisions for regular review, along with precise conditions for their lifting, and must never be used as punishment or other form of retribution.

Thirdly, the Group of 77 would like to recall the South Summit's sincere appeal to the Government of the United States of America to lift the economic embargo imposed on the Republic of Cuba since 1960. That embargo, which has gone on far too long, serves no other purpose than to preserve a state of tension between two neighbouring countries and to impose untold hardship and suffering on the people of Cuba, especially its women and children.

Finally, the South Summit emphasized its conviction that replacing the embargo with renewed dialogue and cooperation would undoubtedly contribute not only towards the removal of tension between the two countries, but would also promote meaningful exchanges and partnerships between those countries, already closely linked by history and geography and a common destiny.

Mr. Zhang Yishan (China)

Resolutions have been adopted by the General Assembly for 11 consecutive years urging all countries to comply with the Charter of the United Nations and the principles enshrined in international legal instruments by repealing or invalidating all laws and measures with extraterritorial effects that impinge on the sovereignty of other States, the legitimate interests of entities or persons under their jurisdiction and freedom of trade and navigation. Regrettably, the country concerned, continuing to ignore the just demand of the international community, has failed to implement those resolutions.

To force a country to give up its independently chosen road of development, even attempting to overthrow its Government by means of embargoes and sanctions, runs counter to the purposes and principles enshrined in the Charter of the United Nations and the basic norms guiding international relations. It is also a distortion and violation of the principle of democracy.

The embargo and sanctions imposed by the United States against Cuba have been going on for more than 40 years. The United States claims that these measures are designed to improve so-called democracy and human rights. In reality, those measures have seriously constrained Cuba in its nation-building efforts to eradicate poverty, improve the living standard of its people and promote economic and social development. The result is a grave violation of the fundamental freedoms and human rights of the Cuban people, including the right to life and development.

The extraterritorial effects of the financial embargo imposed by the United States against Cuba violates international law and the principles, objectives and rules of international trade. It also runs counter to the principle of free trade encouraged by the United States itself. Currently, 78 countries have suffered economic losses as a result of the embargo. The international community should be seriously concerned about the embargo and sanctions and demand their immediate end.

The sovereign equality of States and the principle of non-interference in their internal affairs are at the heart of the norms guiding present-day international relations. It has been the consistent position of the Chinese Government that the purposes and principles of the Charter of the United Nations must be adhered to in efforts to promote the democratization of international laws. Acts such as the rich bullying the poor and the strong bullying the weak are certainly not acceptable to the international community.

We believe that it is the inviolable sovereign right of all countries to choose their political and social systems and mode of development and to administer their internal affairs in accordance with their national situation. Differences between States should be resolved through dialogue and cooperation on the basis of equality and mutual respect. For this reason, the Chinese Government opposes the economic, commercial and financial embargo imposed by the United States against Cuba. We support the Cuban Government and people in their endeavour to safeguard national independence and State sovereignty.

While it claims to be a democratic country that listens to the will of the people, in fact, for 11 years the United States has acted against the will of the people and the will of the international community. It is our hope that the United States will keep pace with the times, replacing confrontation with dialogue, embargo and sanctions with communication and exchange, and earnestly implement the relevant resolutions of the United Nations. China supports the draft resolution submitted by Cuba under the current agenda item.

Mr. Neil (Jamaica)

I have the honour to speak today on behalf of the 14 member States of the Caribbean Community (CARICOM) that are members of the United Nations, namely, Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Haiti, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago and my own country, Jamaica. We join with those who have spoken before in supporting the need to bring to an end the economic, commercial and financial embargo imposed by the United States against Cuba. We are greatly concerned at its detrimental effects on the Cuban people.

The CARICOM States wish to reaffirm the importance that we attach to the strict observance of the principles of international law and to freedom of trade and navigation. We remain opposed to the extraterritorial application of national legislation that seeks to impose artificial barriers to trade and cooperation, and which is contrary to the principle of the sovereign equality of States.

Our member States, in keeping with our policy of mutual respect, good-neighbourliness and respect for the principles of the United Nations Charter, maintain friendly relations with Cuba and with the United States of America, with whom we have mutually beneficial programmes of cooperation and trade.

In accordance with the fundamental principles that guide the foreign policy of the Caribbean Community, the foreign ministers of CARICOM, at their meeting in Saint Vincent and the Grenadines in May 2003, reaffirmed that engaging Cuba and pursuing dialogue with its Government at the highest level are in the best interests of the Cuban people.

Accordingly, we reiterate our call for a constructive process of dialogue and normalization of relations, which we believe would be in the interests of all parties. For us in the Caribbean, it would remove a source of tension and conflict and improve the climate for peaceful development and cooperation in our region.

The CARICOM delegations support the contents of the draft resolution that is before the General Assembly in A/58/L.4 and we will vote in favour of its adoption.

Mr. Rastam (Malaysia)

Malaysia is fundamentally opposed to all forms of unilateral economic, commercial and financial sanctions and embargoes. Malaysia therefore joins the rest of the international community in calling, yet again, for an immediate end to the embargo imposed by the United States on Cuba and its people.

The report of the Secretary-General entitled "Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba", contained in document A/58/287, has clearly shown that many countries do not agree with the policy carried out by the United States. Malaysia shares their views.

For many years now, this Assembly has consistently adopted, by an overwhelming majority, resolutions calling for an immediate end to the economic, commercial and financial embargo imposed by the United States against Cuba. The adoption of such a resolution has clearly and unambiguously shown the international community's total rejection of the unilateral action taken by the United States against Cuba. The policy adopted by the most powerful nation in the world against its small neighbour is most perplexing. This policy is said to be intended to bring about a peaceful transition to democracy. Yet the prolonged economic, commercial and financial embargo has caused untold suffering to the Cuban population, particularly the elderly, women and innocent children. In spite of Cuba's well-known resilience and valiant efforts at ensuring its survival as an independent and sovereign nation, the sanctions have seriously impeded Cuba's socio-economic development potential. It has affected the Cuban people's material, social and cultural well-being.

This unilateral policy of the United States runs counter to the spirit of the Charter of the United Nations. It has completely ignored the current trend towards calls for increased understanding and dialogue among nations and civilizations. Malaysia reiterates its strong belief that, even in the most difficult of situations, differences among nations could be better resolved through dialogue and negotiations, rather than through isolation and direct confrontation. Therefore, we urge the United States to end the policy and engage in serious dialogue to resolve its problems with Cuba.

The Non-Aligned Movement (NAM) has also consistently reiterated the developing countries' collective rejection of this policy. NAM has expressed its deep concern at the extraterritorial application of laws, in particular the Helms-Burton Act of 1996, on Cuba and the other legislative measures designed to intensify the blockade. Consistent with this position, Malaysia joined other NAM member countries at the thirteenth Conference of Heads of State or Government of NAM in Kuala Lumpur in February 2003 to call upon the Government of the United States of America to put an end to the economic, commercial and financial embargo against Cuba.

The application of laws by the United States, which are intended to, inter alia, restrict Cuba's access to much-needed markets, capital, technology and investment, in order to exert pressure on Cuba to change its political and economic system or orientation, is not consistent with the universally accepted principles of international law, the Charter of the United Nations, World Trade Organization principles and relevant United Nations resolutions. It is discriminatory in nature and undermines the principles of sovereign equality of States, fundamental human rights and good-neighbourliness among States.

The economic blockade against Cuba is indeed a violation of international law. It also violates the right of the people of Cuba to life, to well-being and to development. The embargo has no doubt caused tremendous economic damage and aggravated the plight of the Cuban people.

Malaysia once again reaffirms its commitment to the respect for fundamental principles of sovereign equality among States, non-interference in their internal affairs and freedom of international trade and navigation. My delegation urges the international community to continue with its efforts to bring about an early end to the unilateral economic, commercial and financial embargo against Cuba. We sincerely appeal to the United States to heed the voice of many nations, which do not favour its unilateral policy and action.

In support of the principles of international law, the United Nations Charter and the promotion of freedom of trade, Malaysia, as in the previous years, will vote in favour of the draft resolution that will be introduced by His Excellency the Minister for Foreign Affairs of Cuba.

Mr. Siv (United States)

As it has done in past years, the Government of Cuba has introduced a draft resolution on the trade embargo of the United States against Cuba whereby it intends to affix blame upon the United States for the economic difficulties Cuba has encountered and to distract attention from its deplorable track record in human rights.

We stand firmly opposed to this resolution. Whatever opinion one may have about the embargo, it must be clear that this is a bilateral issue between the United States and Cuba. It is important to bear in mind that the embargoes were imposed after the illegal large-scale expropriation of United States properties for which the Cuban Government has never offered any indemnification whatsoever. This embargo has been reaffirmed by successive United States Administrations with a view to keeping the pressure on for restoring democracy in Cuba. This is not a blockade, as Havana asserts in its official pronouncements, inasmuch as it does not affect trade with other nations. Cuba is free to trade with any other country in the world, a freedom which, indeed, it is exercising. Moreover, over 175,000 United States citizens travelled legally to Cuba last year, using regular airline services linking the United States and Cuba.

The truth is that what adversely affects Cuba's trade with other countries is not the embargo, but its lack of credit solvency, which in turn stems from the fact that it does not pay its debts and owes billions of dollars in loans and arrears. It is not the embargo, but rather the failed economic policy of the communist regime that has brought trouble to Cubans and has destroyed what used to be one of the most advanced economies in the region.

A study carried out jointly with the Cuban Research Institute and the Economic Commission for Latin America and the Caribbean (ECLAC) has reached the conclusion that Cuba, to restore its battered economy, must relax the restrictions it is imposing on small businesses. In order to achieve effective growth, Cuba must deregulate, something Castro cannot do without giving up his authority over decision-making. We have offered to modify the embargo in exchange for reforms. In May 2002, the United States challenged Castro's Government to undertake political and economic reform, particularly to permit free and fair elections to the National Assembly. We also are urging the Cuban Government to dare to open its economy, to allow independent trade unions, and to put an end to practices that discriminate against Cuban workers.

President Bush has stated clearly that, if these specific reforms were to be carried out, he would prevail upon Congress to alleviate restrictions on trade and travel between the United States and Cuba. Far from initiating a political opening, however, the Cuban Government carried out a brutal repression in March 2003, sentencing 75 opposition militants, including representatives of the independent media, economists, trade union members and human rights activists, to sentences ranging up to 28 years in prison.

A variety of acts of political repression have struck down those who have militated for peaceful change throughout the period of this Cuban administration. Havana has shown no interest in carrying out the necessary economic and political reforms. Castro remains obstinately opposed to any political opening and continues to deprive the Cuban people of the most elementary of human rights as recognized in the Universal Declaration of Human Rights.

The Cuban Government characterizes support for this draft resolution as tantamount to support of its regime and repressive policies, as it has done during past years. For all these reasons, the United States stands firmly opposed to this mistaken draft resolution.

spoke in English
Mr. Siv (United States)

In the 1980s, President Reagan reflected on United States -- Soviet relations by using a Russian saying "trust, but verify". On Communists and dictators like those in Havana, I say "never trust, always verify". The best day for Cuba is the day when the Cuban people open their ears and hear the truth, when they open their eyes and see freedom, when they open their mouths and say "Viva Cuba libre". Cuba's best day is when the Cuban people have terminated Castro's evil communist dictatorial regime and said to him "hasta la vista, baby".

Mr. Nguyen Thanh Chau (Viet Nam)

The Government of Viet Nam consistently pursues a foreign policy based on the principles of respect for the independence, sovereignty, equality, territorial integrity and national identity of all nations. We support the legitimate right of every State to exist, free from external interference, subversion or coercion. We stand for non-interference in the internal affairs of one another, settlement of differences or disputes by peaceful means and renouncing the threat or use of force.

In this spirit and from our firsthand experience, the delegation of Viet Nam has frequently joined others in this forum and elsewhere in voicing our consistent and vehement opposition to the use of sanctions for whatever reason or pretext against any sovereign State. The political motive of undermining a State is legally and morally wrong, and more often than not proves to be a failure. Sanctions, blockades and embargoes only bring suffering to bear upon innocent people, particularly old people, women and children.

While welcoming the recent lifting of sanctions against other countries, we cannot help wondering why the unilateral embargo against Cuba has not been lifted? If economic damage was the intention, the objective has been achieved. The embargo continues to affect the economic development and social well-being of the Cuban people and has caused significant losses of approximately $72 billion in all sectors of the Cuban economy. After more than four decades of existence, it could be entered in the Guinness Book of Records as the longest-lasting embargo in human history.

Again the question is why? Is the Republic of Cuba a security threat to its big neighbour? Are the 11 million Cuban people on that tiny island able to do harm to the world's hyper-Power? The answer is obviously "no". In 1959, the Cuban people stood up as one and rid themselves of foreign domination. They took their destiny in their own hands and exercised their right to self-determination. Through the long years of hardships, attacks -- a total of 700 in the 14 months from November 1961 to January 1963 -- threats and harassment from the outside, the Cuban people have stayed the course of development, holding their heads high, building a system of which they can be proud. Cuba has 70,000 doctors, of which more than 3,000 famous ones are helping other developing countries. Child mortality has been reduced from the rate of 60 per 1,000 before 1959 to 6.5 per 1,000. Education is free and universal. We warmly salute the achievements that they have recorded in the last 40 years.

All the peace-, freedom- and justice-loving peoples in the world whole-heartedly support the people and Government of Cuba in their national construction and defence. The most eloquent evidence of that is manifested by the fact that the item entitled "Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba" has been on the working agenda of the General Assembly every year since its forty-sixth session and has consistently received the support of the overwhelming majority of Member States, as well as that of many other international organizations and agencies, as reflected in the report of the Secretary-General (A/58/287). Recently, at the XXV Assembly of the Latin American Council of Social Sciences, which ended on 31 October 2003, 25 member States of the Council addressed an open letter to Secretary-General Kofi Annan expressing their demand that the blockade and embargo against Cuba should be put to an immediate end. We share the view that this 43-year-long embargo, with the extraterritorial application of domestic law against the tiny island, not only contravenes international law and the most basic norms of international relations but flagrantly violates the fundamental purposes and principles enshrined in the Charter of the United Nations as well.

Viet Nam holds the view that the dispute between the United States of America and the Republic of Cuba should be resolved through dialogue and negotiations on the basis of mutual respect, respect for independence and sovereignty and non-intervention and non-interference in the internal affairs of States. Although, as the old saying goes, "thick ice is not due to just one cold day", the dispute and mistrust between the two countries cannot simply be allowed to wait to be resolved; it requires goodwill and, above all, determination on the part of the United States Administration. In that vein, we welcome every effort to that effect by the parties concerned.

I wish to reiterate my Government's continued and unwavering support, cooperation and solidarity with the people and Government of Cuba. We will vote in favour of the draft resolution contained in document A/58/L.4 and hope that the United Nations will undertake concrete measures and initiatives so that the adopted resolution will be implemented in order to put an end to the hostile policies and acts against the Republic of Cuba. The longer the embargo goes on, the more suffering the people of Cuba must bear. Not a single person of conscience can accept that prospect.

To this day, I remember my father's words spoken more than 50 years ago. He said, "Son, if you cannot love, do not just hate because hate brings mutual suffering -- but you are the first to suffer". I wish to share this in the spirit of the commandment to love thy neighbour, drawn straight from the Holy Bible, as I believe love is always reciprocal.

The President --> -->
 
 
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