General Assembly Session 59 meeting 44

Mr. Berruga (Mexico)

Mexico speaks from this international rostrum to reaffirm its rejection of the implementation of unilateral laws or measures imposing economic blockades against any nation and of the use of coercive measures without the authorization provided for in the Charter of the United Nations. Apart from their humanitarian consequences, such measures are contrary to international law and ultimately symbolize a gradual abandonment of diplomacy and dialogue as the way in which to resolve disputes among States.

As pointed out recently by the American scholar Robert Tucker,

"Legitimacy arises from the conviction that State action proceeds within the ambit of the law, in two senses: first, that action issues from rightful authority, that is, from the political institution authorized to take it; and second, that it does not violate a legal or moral norm".

Mexico agrees with that statement and reiterates that any kind of political, economical or military sanctions imposed on States must emanate only from the decisions or recommendations of the Security Council or the General Assembly.

My delegation has rejected the economic, commercial and financial blockade imposed unilaterally against Cuba and has consistently supported all General Assembly resolutions regarding the need to put an end to it. Mexico is concerned that this kind of resolution, submitted to the Assembly year after year, is not having the intended transformative effect on reality. In other words, the majority position of the international community is being ignored, which is negatively affecting the purpose and usefulness of these exercises. In that way, one of the pillars of multilateralism -- joint deliberations and the expression of State positions through the vote -- is being seriously damaged. In the light of the current spirit of reform in the United Nations system -- referred to by 141 delegations in the general debate -- this situation must be addressed as a central concern of the international community.

Mexico has undertaken measures at the national level and has promoted actions at the regional level to counteract the extraterritorial effects of any foreign law that affects free trade and that violates international law to the detriment of any State, and we shall continue to do so. During the current session of the General Assembly, Mexico will renew for the thirteenth consecutive time its support for the draft resolution on lifting the economic blockade imposed by the United States against Cuba (A/59/L.2), because unilateral measures affecting State sovereignty and freedom of trade run counter to our foreign policy principles and to the spirit of the Charter.

For all those reasons, Mexico will once again vote in favour of the draft resolution.

Mr. Zhang Yishan (China)

For 12 consecutive years, resolutions have been adopted in the General Assembly urging all countries to comply with the Charter of the United Nations and with the principles enshrined in the relevant international legal instruments and to repeal or invalidate all laws and measures the extraterritorial effects of which affect the sovereignty of other States, the legitimate interests of entities or persons under their jurisdiction and the freedom of trade and navigation. Regrettably, the country concerned -- which continues to act wilfully, to obstinately maintain the wrong position and to ignore the just demands of the international community -- has failed to implement the relevant Assembly resolutions.

The embargo and the sanctions imposed by the United States against Cuba have continued for more than 40 years. The United States has claimed that their purpose is to enhance democracy, freedom and human rights in Cuba. But what are the realities?

First, by attempting to use embargoes and sanctions to force another country to give up its independently chosen development road -- and even to overthrow the existing Government -- the United States has gravely violated the purposes and principles of the United Nations Charter and the basic norms guiding current international relations. This in itself has distorted, mocked and violated the principles of democracy and freedom.

Secondly, the embargo and sanctions of an extraterritorial nature imposed by the United States against Cuba have violated international law and the principles, objectives and rules of international trade. They also run counter to the principles of free trade advocated by the United States itself.

Thirdly, the embargo and sanctions imposed by the United States against Cuba have seriously obstructed and constrained the Cuban people in their nation-building efforts to eradicate poverty, improve people's living standard and promote economic and social development. This poses a grave violation of the fundamental freedoms and human rights of the Cuban people, including the right to subsistence and development.

Fourthly, if the United States and Cuba were to change places, and if the United States were under an economic, trade and financial embargo imposed by other countries for many years, how would the United States feel? Would the United States still regard those countries' practices as acts aimed at enhancing its own democracy, freedom and human rights?

Currently, nearly 80 countries have suffered economic losses as a result of the embargo and sanctions imposed by the United States against Cuba. The international community is entitled to raise serious concerns over such embargoes and sanctions and to demand an immediate end to them.

The Chinese Government, which unwaveringly adheres to the purposes and principles of the Charter of the United Nations, advocates sovereign equality of States and non-interference in one another's internal affairs. We have made vigorous efforts for democracy and the rule of law in international relations. We firmly believe that countries should choose, according to their national conditions, their own political, economic and social systems and development modes. We are of the view that State-to-State conflicts and disputes should be solved through dialogue and cooperation on the basis of equality and mutual respect.

For the aforementioned reasons, the Chinese Government opposes the economic, commercial and financial embargoes and sanctions imposed by the United States against Cuba. We support the Cuban Government and people in their endeavours to safeguard national independence and State sovereignty. We hope that the United States Government will keep pace with the times, replace confrontation with dialogue, embargoes and sanctions with communication and exchange, and earnestly implement the relevant resolutions of the United Nations.

China, therefore, supports the draft resolution submitted by Cuba under the current agenda item.

Mr. Abdul Wahab Dolah (Malaysia)

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

Since its forty-seventh session the General Assembly has pronounced its rejection of the use of unilateral measures by one Member State to effect political reform in another, in this case the economic, commercial and financial embargo imposed by the United States against Cuba. The adoption of resolution 58/7 by the General Assembly on 4 November 2003, with 179 Member States voting in favour, has unambiguously reflected the wishes of an overwhelming majority of countries to reject the embargo and to call for it to be immediately terminated. We are confident that at the current session there will again be an overwhelming rejection of those unilateral measures.

The application of laws by the United States, in particular the Torricelli and Helms-Burton Acts, and measures such as those implemented since June 2004 following the recommendations of the Commission for Assistance to a Free Cuba are clearly intended to hurt Cuba and the Cuban people, including the most vulnerable -- namely, children, women and the elderly. They are also clearly aimed at limiting Cuba's access to markets, capital, technology and investment, in order to exert pressure on Cuba to change its political and economic system or orientation. We view these as actions that are 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. They are discriminatory in nature and undermine the principles of sovereign equality of States, fundamental human rights and the spirit of peaceful coexistence and good neighbourliness among States.

The United States embargo against Cuba is not only a violation of international law but, as confirmed by various reports, violates the right of the people of Cuba to life, to well-being and to development, without any distinction in respect to age, gender, race, religious belief, social situation or political ideology. The embargo has caused tremendous economic damage and has aggravated the plight of the Cuban people, more than two thirds of whom have lived all their lives under the cloud of the United States unilateral embargo and sanctions regime.

We appeal to the United States, a staunch advocate of free trade and good relations among nations, to respect the Charter of the United Nations and the norms and principles of international law. We call on the United States to rethink its overall approach towards Cuba and to evolve its policy from one of isolating its small neighbour to one of dialogue and accommodation. It is our fervent hope that, in the new spirit of the times, which promotes dialogue and understanding in a world of increasing interdependence and globalization, the United States would be able to evolve its policy on Cuba towards a more realistic orientation and to place its relationship with its neighbour on a new footing.

Therefore, we urge the United States to end the current policy and to engage in serious dialogue to resolve problems with Cuba.

Malaysia maintains excellent relations with both the United States and Cuba. Nevertheless, Malaysia once again reaffirms its commitment to respect for the fundamental principles of sovereign equality among States, non-interference in their internal affairs and freedom of international trade and navigation. We urge the international community to continue to exert serious efforts to bring about an end to the unilateral economic, commercial and financial embargo against Cuba.

In support of the principles of international law, the United Nations Charter and the promotion of freedom of trade, Malaysia, as in previous years, will vote in favour of draft resolution A/59/L.2.

Mr. Kumalo (South Africa)

In the discussion of coercive economic measures, including extraterritorial laws, the Ministers of the Non-Aligned Movement in Durban in August 2004 condemned the use of such measures, with a view to preventing countries from exercising their right to decide, by their own free will, their own political, economic and social systems. The Ministers also called on all countries not to recognize unilateral extraterritorial laws that impose sanctions on other States and foreign companies.

South Africa views the continued imposition of the economic, commercial and financial embargo against the Republic of Cuba as a violation of the principles of sovereign equality of States and non-interference in the domestic affairs of sovereign States.

The action by the United States of America against the Republic of Cuba has lasted for almost 45 years. Yet, that long-standing economic, commercial and financial embargo has been consistently rejected by a growing number of Member States to the point where the opposition to it has become almost unanimous. Indeed, I believe that the presence of such a large number of Member States in the Assembly Hall today and their participation in these deliberations are indications of their opposition to unilateral extraterritorial measures.

During this time, Member States have come to recognize the importance of remittances and have accepted the significant contribution remittances make to the receiving families in developing countries, as well as the role those remittances can play in the promotion of development in those countries. The value of remittances has thus been hailed in numerous United Nations resolutions, as well as other declarations, including the Monterrey Consensus of the International Conference on Financing for Development.

In recent months, we have learned more about the role that remittances can play in our quest to achieve the Millennium Development Goals. The potential role of those transfers from developed to developing countries was recently highlighted in two important reports: first, in September 2004, a report on innovative sources of financing for development (A/59/398, annex) containing a recommendation on remittances was considered at the summit of world leaders for Action Against Hunger and Poverty, organized by President Lula da Silva of Brazil. Secondly, in his note on innovative sources of financing for development (A/59/272), the Secretary-General highlighted the issue of remittances as contained in a preliminary summary of the soon-to-be released World Institute for Development Economics Research study on new sources of development finance. There have been several other similar reports focusing on the role remittances can play in promotion of development in developing countries.

Significantly, at a recent discussion in the Second Committee of a draft resolution on the international financial system and development (A/C.2/59/L.2), the United States delegation supported the role that remittances can play in promoting development. We would hope that that view would become widely accepted within the United States Administration, which has targeted remittances in the most recent tightening of its embargo against Cuba. By reducing the amount of, and placing further restrictions on, remittances Cuban Americans can send to their families back home, the United States has transformed an instrument for development into an instrument of punishment and coercion.

At both the thirteenth Summit Conference of Heads of State or Government of the Non-Aligned Movement (NAM), held in Kuala Lumpur in February 2003, and again at the fourteenth NAM Ministerial Meeting, held in Durban in August 2004, NAM heads of State or Government expressed their rejection of unilateralism, which is increasingly leading to the erosion and violation of international law, to the use and threat of use of force and to pressure and coercion by certain countries as a means to achieve their policy objectives. The NAM heads of State or Government also expressed their firm opposition to unilateral measures as a means of exerting pressure on developing countries as such measures are contrary to international law, international humanitarian law, the United Nations Charter and the norms and principles governing peaceful relations among States. They and their ministers stated specifically that the Helms-Burton Law and the D'Amato-Kennedy Act constitute flagrant violations of international law.

South Africa is a country committed to working towards a better world for all, one in which all nations coexist peacefully. The achievement of such peaceful coexistence requires that all nations adhere to the rule of law, including international law. The need to respect international law in the conduct of international relations has been recognized by most members of this body, as has been evidenced by the growing support for the draft resolution on this item. In the 13 years that we, the Member States of the United Nations, have been considering this item, support has grown steadily, from 59 Member States opposing the United States embargo on Cuba in 1992 to 179 in 2003.

South Africa will again support the draft resolution before us today (A/59/L.2). We do so because the relentless and unilateral embargo has caused untold suffering to the people of Cuba. Considering the impact that the embargo has had on the everyday life of the people of Cuba, it is no surprise to see that the overwhelming majority of Member States are here today to join with everyone else in supporting the Cuban people.

Mr. Neil (Jamaica)

We associate ourselves with the statement that will be made later on by the representative of Qatar on behalf of the Group of 77 and China.

In view of the importance of this issue in relation to the situation in the Caribbean, I am speaking this morning on behalf of the member States of the Caribbean Community (CARICOM) to reaffirm our support for ending the economic, commercial and financial embargo imposed by the United States of America against Cuba.

The provisions of the United Nations Charter call for respect for the sovereign equality of States, non-interference in their internal affairs, the right of peoples to self-determination, the peaceful settlement of disputes and the maintenance of friendly relations among States. CARICOM attaches great importance to respect for those principles, which are binding obligations for Member States. We therefore oppose the imposition of unilateral punitive measures, especially where they involve the extraterritorial application of legislation that violates international law and restricts freedom of trade and navigation and the sovereignty and freedom of States. All of that has a particular impact on the situation in the Caribbean, where the United States embargo inhibits the development of normal economic relations, distorts trade and investment flows and impedes business opportunities among neighbouring States.

For CARICOM, Cuba is an important partner in our Caribbean relations and a country with which we have well-established programmes of cooperation and ties of friendship. In our view, the Republic of Cuba threatens no one. We respect its sovereign rights and support its full integration into our system of hemispheric relations.

The embargo imposed against Cuba has gone on for far too long and serves no other purpose than to preserve a state of tension between two neighbouring countries, resulting only in the imposition of untold hardship and suffering on the people of Cuba. Regrettably, during this year, further measures were introduced to tighten the embargo in relation to travel and financial transactions. It is all the more regrettable that those measures are taking effect at a critical time for the Cuban people, who have suffered so much from the devastation caused by two hurricanes that struck the island in recent months. Those disasters have underlined the need for regional cooperation and solidarity in the face of their economic and humanitarian consequences. It also makes it even more imperative that the punitive measures that are having such detrimental effects on the welfare of the Cuban people should be terminated.

CARICOM shares long-established and friendly relations with the United States of America, which we greatly value. In that spirit, we urge its Government to respect the verdict of the international community to bring an end to the embargo and to engage in constructive dialogue and the normalization of relations with Cuba. Such a step would remove a source of tension and conflict and improve the prospects for peace, development and cooperation within the Americas.

Our CARICOM delegations support the content of the draft resolution that is before the General Assembly and we will vote in support of its adoption.

Mr. Le Luong Minh (Viet Nam)

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