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XII
Ministerial Conference, New Delhi, April 1997
<< Index >>
A: Review of the
International Situation since the Cartagena Summit
B. The Role of the Non-Aligned Movement
C. Strengthening,
Restructuring, Revitalisation and Democratisation of the United Nations
D. United Nations Peace-Keeping Operations
E. The Financial Situation of the United Nations
F. Agenda for Peace
G. Regional Organisations
H. Right to Self-Determination and Decolonisation
I. Mercenaries
J. Disarmament and International Security
K. Indian Ocean as a Zone of Peace (IOZOP)
L. Terrorism
M. International Law
N. Law of the Sea
O. Peaceful Settlement of Disputes
- The Ministers reviewed the international situation since the
Cartagena Summit and discussed the opportunities, challenges and problems facing the
Movement as it approached the 21st century. Chief among them were the tasks of founding a
just and equitable world order based on the principles and purposes of the UN Charter.
- The Ministers believed that, though the peace dividend which
had been expected from the end of the cold war had not materialized, the global community
had to collectively strive towards a world order based on peace, justice, equity among
nations, democracy and the rule of international law and observance of international
humanitarian law. To realize this objective, it would be essential to abandon established
mindsets. The Ministers were concerned that security structures and conceptions emerging
in the developed countries and their implementation may lead to the build-up of tensions
which may have a global negative effect and may undermine the security of the developing
countries. The Ministers therefore urged their partners in the Movement and countries of
the developed world to expeditiously resolve the long-standing disputes, prevent old
divisions being redrawn and work towards the effective realization of the principles of
collective security enshrined in the UN Charter.
- The Ministers noted that since the Cartagena Summit, limited
progress had been made on disarmament measures. However, though there was now an
opportunity of banning and eliminating nuclear weapons, the only weapons of mass
destruction still not banned, those who had them still lacked the political will to accept
the overwhelming wish of the international community, led by the Movement, to see these
weapons dismantled and destroyed. The Ministers believed that the courage which these
countries had shown in abandoning old antagonisms and reaching out to former opponents
should now be turned to this most pressing challenge of nuclear disarmament.
- Reviewing regional developments since the Cartagena Summit,
the Ministers observed that conflicts, disputes and tensions continued to prevail. In
spite of attempts carried out to solve some of these conflicts by peaceful means, they
nevertheless remained unresolved. They expressed deep concern over the prevalence of
conflicts and tensions in various parts of the world.
- They noted with concern that entire regions were being
bypassed by the development process, disparity and inequity were increasing among nations
and that more than 1.3 billion people in today's world lived in absolute poverty and the
number in the non-aligned and other developing countries was rising at an alarming rate.
The Ministers were therefore particularly concerned that, precisely at a time when
attention to development and the enhancement of the quality of life in poorer societies
should be the highest priority, international commitment to supporting development had
been slackening.
- The Ministers noted the continuing globalization of economic
forces, capital markets, and investment and trade flows. While welcoming the high growth
rates recorded by some developing countries, which were emerging as new locomotive forces
of world economic growth, they emphasised that equal opportunities were crucial to achieve
a shared commitment to the forces integrating the global economy. They stressed that the
global economic agenda must reflect the development dimension and be fully responsive to
the needs, interests, capacities and potential of developing countries. They urged the
Movement to work together to promote economic and social growth, and to ensure that the
benefits of the processes of globalization and liberalization reach all member states of
the Movement and that their risks are minimized.
- The Ministers observed that in the international economy of
the 199Os, the impact of global economic forces on the developing countries, particularly
the least developed among them, was both much heavier and more swift than it has ever
been. The developing economies have been adversely affected by the flight of capital,
brain drain, continuing fall in commodity prices, diversion of procurement to other
sources and a variety of protectionist measures, the worst being those disguised in human
rights concerns in industrialized markets. Shrinking resources, the heavy burden of debt
and debt servicing, and constraints on transfer of technology have led to stresses,
bottlenecks and constraints and continue to be harmful to the economies of the developing
countries. The developed world cannot insulate itself from these problems; it is therefore
in the interest of all that developed industrial countries should fully address these
problems with the developing countries for the elaboration and implementation of a
strategy to solve these problems.
- What the movement has always stood for is collective
self-reliance; what it expects from its partners in the developed world in meeting the
challenges of modernization is the cooperation of equals. The assumption by some developed
countries that they have the unique privilege of prescribing norms or values for
developing countries, which the movement rejects, betrays a colonial mindset.
- The Ministers observed that as nations increasingly tackle
issues and problems that are truly of a global nature, it is imperative that the United
Nations system, the main forum where they can make their views heard and share their
experiences and perspectives, should be strengthened. Unfortunately, that is not the case.
The Ministers did not accept that, under a demand for a division of labor, the United
Nations should abandon its work in the social and economic sectors. At the same time,
financial support was being withdrawn from several of the specialized agencies, and the UN
allowed to fall into a state of chronic financial crisis. The UN system was therefore left
weakened when the world, and in particular the Movement, needed to see it strengthened the
most as the only truly collective instrument for the promotion of development, maintenance
of international peace and security and ensuring a global transformation of international
relations for the attainment of justice and equality for the benefit of non-aligned
countries.
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- The Ministers reaffirmed the mandate of the Cartagena final document
of the Eleventh Conference of the Heads of State or Government of Non-Aligned countries
and concluded that the Movement should enhance its unity and cohesion and coordinate
positions of Member countries towards major international issues, with a view to
strengthening their negotiating power vis-à-vis the developed countries. In this regard,
they reiterated that it was essential to widen the scope of agreement, expand the area of
action, set clearer criteria and procedures, and develop the principles of solidarity
among the members of the Movement. They emphasised the importance of promoting the culture
of peace within and among nations. They underlined that the Movement's role would largely
depend on its inner strength, unity and cohesion. It was therefore incumbent on all member
states to work earnestly towards promoting the solidarity and unity of the Movement. This
would require sincere efforts to remove areas of disagreement between member states and to
resolve disputes among themselves peacefully.
- The Ministers observed that the Movement with its 113 members is
currently the largest group of states in the international system as well as within the
UN. They believed that under democratic principles, their needs, priorities and views
should more effectively guide the international agenda. The Ministers therefore directed
the Movement to promote jointly its collective positions on international peace and
security, UN reforms, disarmament, development, human rights, racial discrimination,
terrorism, the environment and other political issues in the UN and international arena.
- The Ministers stressed the need for the full implementation of the
conclusions and decisions of the Cartagena Summit and expressed their determination to
continue to implement and support the directives and mandates on all the issues contained
in the final documents of the Summit.
- The Ministers recalled, and committed themselves to implement, the
Declaration adopted at the commemoration, in September 1996, of the thirty-fifth
anniversary of the Movement. They welcomed the Report of the Chairman on the activities of
the Movement since the Eleventh Summit and expressed the view that those activities
contributed appreciably to the strengthening of the vital role of the Movement within the
international community and the promotion of unity and solidarity among its members. They
reiterated their firm determination to sustain the progress achieved since the Eleventh
Conference of Heads of State or Government of the Movement and commended President Ernesto
Samper, Chairman of the Movement, for his continuous efforts and dedication devoted to the
cause of Non-Alignment, and his leadership in conducting NAM activities, thus enhancing
the unity and cohesion of the Movement and strengthening its negotiating power in the
international arena. These activities have strengthened the role of the Movement within
the international community and solidarity among its members. The Ministers also welcomed
the results of the Meeting of the Ministerial Committee on Methodology held at Cartagena
on 15-16 May 1996 and the adoption of the Cartagena Document on Methodology.
- The Ministers stressed that it is necessary that the NAM countries
elected to the Council and who form the NAM Caucus constantly strive to adopt unified
positions, and that the decisions and the positions of NAM as adopted at its Summits and
Ministerial Conferences and by the Coordinating Bureau be properly reflected by them in
the Security Council, without prejudice to their sovereign rights.
- The Ministers reaffirmed that the Ministerial Committee on
Methodology should continue to intensify its activities for a thorough and extensive
examination of the activities of the Movement. They emphasized that the mandate of the
Ministerial Committee is an ongoing one. They decided to revitalize the role of the NAM
Working Group established to consider ways and means of enhancing the role of the Movement
in the light of recent changes in the international situation. They further expressed
their determination to increasingly prepare action-oriented documents as a means to
continue enhancing the capacity and role of the Movement in the Negotiations in the UN and
international meetings.
- The Ministers recommended that NAM and the Group of 77 and China
continue to cooperate and, where relevant, to coordinate their activities, without
diluting their distinct goals and nature. In this regard, they recalled the recent
adoption of the San José Declaration and the Plan of Action for South-South Cooperation
in Trade, Investment and Finance as an example of that cooperation.
- The essence of non-alignment is autonomy of choice. The Movement,
which gives its members a collective strength to exercise that choice, therefore has a
continuing role to play in a world where developing countries face fresh challenges and
pressures. The Movement's objective, towards which it should work unitedly, must be a new,
democratic world order, freed from want, fear and intolerance, and built on peace,
justice, equality, democracy and respect for the principles of the United Nations Charter,
of international law and international humanitarian law.
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- The Ministers stressed the importance of the strict adherence to the
purpose and principles of the Charter of the United Nations in establishing a new
democratic world order. They recalled that the commemoration of the 50th anniversary of
the establishment of the United Nations had highlighted the need to reform and restructure
the Organization, so that it could respond to the needs and aspirations of its members in
the twenty-first century. The Movement must continue to contribute to this process,
influencing the debate and the proposed reforms, whose objective should be to strengthen
and revitalize the Organization.
- The Ministers welcomed the emphasis laid by the UN Secretary-General
on the importance of the work of the UN in the economic and social fields, particularly
his indication that "the promotion of development must remain central to the mission
of the Organization and that the work of the United Nations in the economic and social
fields must be strengthened". The Ministers underlined that the Secretary-General, in
developing his reform proposals, should take full account of the views of the Member
States of the Non-Aligned Movement as already expressed in the General Assembly and its
relevant Working Groups.
- The Ministers also noted the efforts of the Secretary-General of the
UN towards the reduction of administrative costs and fully agreed that savings therefrom
be allocated to developmental activities.
- The Ministers emphasized that the promotion of development is a main
priority of the United Nations, and expressed the need to restructure and revitalize the
United Nations in the economic, social and related fields in order to better promote the
interests of developing countries. For the Movement, an effective economic and social
section of the United Nations, both in the Secretariat functions as well as the
intergovernmental bodies, must be a central result of reform discussions under way. In
particular there is a need to bring forward the process of reform and revitalization of
ECOSOC. It is necessary to organize its work throughout the year, so that it can fully
discharge its Charter responsibilities as the central mechanism for coordination on a
system-wide basis and for supervision of the subsidiary bodies in the economic, social and
related fields, together with reinforcing the roles of the Council in providing overall
policy guidance for operational development programmes and funds. In this context, the
Council has the principal responsibility to ensure the coordinated and integrated
implementation and follow-up of agreements and commitments reached by the major
international conferences.
- The Ministers expressed concern at the weakening of the role and
functioning of the General Assembly, the principal organ of the United Nations in which
all Member States are represented. They called to assign General Assembly its due role in
accordance with the UN Charter. In this context the due accountability of the Security
Council to the General Assembly should be encouraged. The Ministers noted the progress of
work on the Strengthening of the UN system and in this regard, called on the Open-Ended
Working Group on the Strengthening of the UN System to recommend as soon as possible
measures to revitalize and strengthen the General Assembly in fulfillment of its role as
stated in the UN Charter. The Ministers believed that the UN General Assembly should
assert more effectively its role in the maintenance of international peace and security in
accordance with General Assembly Resolution 377 of 3 November 1950 entitled "Uniting
for Peace".
- The Ministers recalled that the imposition of sanctions is an issue
of serious concern for Non-Aligned countries. They reaffirmed that the imposition of
sanctions in accordance with the Charter should be considered only after all means of
pacific settlement of disputes under Chapter VI of the Charter have been exhausted and a
thorough consideration undertaken of the short and long-term effects of such sanctions.
Sanctions are a blunt instrument, the use of which raises fundamental ethical questions of
whether sufferings inflicted on vulnerable groups in the target country are a legitimate
means of exerting pressure. The objective of sanctions is not to punish or otherwise exact
retribution.
- The objectives of sanction regimes should be clearly defined.
Sanctions should be lifted as soon as the objectives are achieved. They should be imposed
for a specified time-frame and based on tenable, legal grounds. The conditions demanded of
the country or party on which sanctions are imposed should be clearly defined and subject
to periodic review. Attempts to impose or to prolong the application of sanctions to
achieve political ends should be rejected.
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- All sanction regimes must contain specific and appropriate measures
to ensure that humanitarian supplies reach the affected, innocent populations. Efforts
must also be made to ensure that the development capacity of the target country is not
adversely affected by sanction regimes.
- The functioning of the Sanctions Committee requires to be further
improved. In this context, the Ministers welcomed the proposals that had been made by NAM
in the Sub-group on Sanctions of the Open-Ended Working Group of the General Assembly on
an Agenda for Peace. They called upon the Coordinating Bureau to pursue efforts to have
those proposals adopted.
- The Ministers comprehensively reviewed discussions on the reform and
restructuring of the Security Council, in the light of the position papers adopted by the
Movement on 13 February 1995 and 20 May 1996, the decisions of the Cartagena Summit and
the NAM negotiating paper on Cluster II issues dated 11 March 1997.
- The Ministers recalled that discussions in the Open-Ended Working
Group on the Question of Equitable Representation on and Increase in the Membership of the
Security Council and other matters related to the Security Council have shown that while a
convergence of views has emerged on a number of issues, important differences still exist
on many others. They noted that the Open-Ended Working Group has resumed its discussions
and underlined the necessity of the Movement maintaining its unity and solidarity on this
critical issue. They reaffirmed that the Movement should, in the ensuing negotiations,
continue to pursue directives given by the Cartagena Summit and contained in the
Movement's position papers. The Movement would be guided by the following considerations
in approaching the issue of Security Council reform in discussions at the UN:
- Both reform and expansion of the Security Council should be
considered as integral parts of a common package, taking into account the principle of
sovereign equality of states and equitable geographical distribution, as well as the need
for transparency, accountability and democratization in the working methods and procedures
of the Security Council, including its decision-making process;
- The Non-Aligned countries are grossly under-represented in
the Council. This under-representation should, therefore, be corrected by enlargement of
the Security Council which should enhance the credibility of the Council, to reflect the
universal character of the world body, and to correct existing imbalances in the
composition of the Security Council in a comprehensive manner;
- The extent, nature and modalities of the expansion of the
Security Council should be determined on the basis of the principles of equitable
geographical distribution and sovereign equality of states. Attempts to exclude NAM from
any enlargement in the membership of the Council would be unacceptable to the Movement;
- Increase the membership of the Security Council by not less
than 11 based on the principles of equitable geographical distribution and sovereign
equality of States;
- the negotiation process should be truly democratic and
transparent, and negotiations on all aspects should be held, in all cases, in an open
ended setting.
- The Ministers reaffirmed the NAM proposal that if there is no
agreement on other categories of membership, expansion should take place only, for the
time being, in the non-permanent category.
- The Ministers reaffirmed the NAM proposal that the veto should be
curtailed with a view to its elimination and that the Charter should be amended so that,
as a first step, the veto power should only apply to actions taken under Chapter VII of
the Charter.
- The Ministers underlined the need for a coherent and coordinated
approach by the Movement in the ensuing discussions in the Open-Ended Working Group. The
Ministers, mindful of the importance of reaching general agreement, as reflected, inter
alia, in UNGA resolution 48/26, called for fuller discussions of various proposals
submitted to the Working Group.
- The Ministers stressed the importance of enhancing the transparency
of the Security Council through the improvement of its working methods and its
decision-making process. They called on the Open-Ended Working Group to agree on and the
General Assembly to recommend specific and substantive measures to be implemented by the
Security Council based on the measures proposed in the NAM negotiating paper on Cluster II
issues. They also urged the Security Council to institutionalise such measures, and
stressed that a commitment to institutionalise them should be an element of a package
agreement on the reform of the Security Council.
- The Ministers recalled UNGA Resolution 51/193 and in this regard
called for a significant improvement in the annual report of the Security Council to the
General Assembly. They also urged the Security Council to provide, when necessary, special
reports to the General Assembly in accordance with Articles 15 and 24 of the UN Charter.
- The Ministers underscored the need to operationalise Article 50 of
the Charter, particularly by establishing a mechanism, including a Fund, to provide relief
to third countries affected by UN sanctions.
- The Ministers expressed their satisfaction with the active
participation in and contribution to the work of the Open-Ended Working Groups on UN
reforms by the Non-Aligned Countries and encouraged them to continue to defend NAM
positions.
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- While reaffirming the guiding principles for peace-keeping operations
adopted by the XI Ministerial Conference in Cairo in 1994, the Ministers emphasised:
- the UN has the primary responsibility for the maintenance of
international peace and security, and there should be no derogation from this primary
responsibility. Regional arrangements and agencies can make important contributions in
this regard in accordance with Chapter VIII of the UN Charter, including where appropriate
to peace-keeping; the need for strengthening the role of the General Assembly in the
maintenance of international peace and security in accordance with the Charter;
- the expenses of peace-keeping operations are expenses of the
United Nations to be borne by Member States in accordance with the relevant provisions of
the Charter, as well as the existing special scale of assessments established by General
Assembly resolution 3101 (XXVIII) which takes into account the special responsibilities of
the five permanent members of the Security Council as well as other economic
considerations. These contributions must therefore be paid in full and on time;
- funding of UN peace-keeping operations through voluntary
contributions should not influence UN Security Council decisions to establish
peace-keeping operations or affect their mandate;
- the need to differentiate between peace-keeping operations
and humanitarian assistance; the need for regular and institutionalised consultations
between troop contributing countries and the Security Council;
- the need for a uniform UN scale for death and disability
compensation for UN peace-keeping personnel;
- the urgent need to address delays in reimbursing the cost of
troop contributions and contingent-owned equipment to the troop contributing countries, in
particular to non-aligned and other developing countries;
- that efforts must be continued to improve the ability of the
United Nations to deploy peace-keeping operations expeditiously.
- The Ministers, while fully appreciating the important role being
played by the Special Committee on Peace-Keeping operations and welcoming its enlargement,
stressed that it is the only forum in the United Nations with the mandate to
comprehensively review the whole question of peace-keeping operations in all their
aspects.
- The Ministers reiterated their concern over the staffing structure of
the Department of Peace-Keeping Operations of the UN Secretariat. They highlighted the
fact that the increased reliance on loaned and seconded personnel from developed countries
had created an imbalance which was inconsistent with Articles 100 and 101 of the UN
Charter and created a situation whereby NAM member states were insufficiently represented.
In this regard, the Foreign Ministers called for thorough review of this practice and
urged the UN Secretary-General and the competent bodies of the UN General Assembly to
urgently correct this imbalance by providing for UN financing of posts presently occupied
by officers on loan. Furthermore, the UN Secretary-General should make every effort to
ensure that the recruitment and assignments of loaned personnel are consistent with the
requirements of Articles 100 and 101 of the UN Charter, particularly the importance of
recruiting staff on as wide a geographical basis as possible.
- The Ministers expressed satisfaction at the work of the NAM Working
Group on Peace-Keeping Operations.
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- Recalling that the grave financial situation forced upon the UN had
caused considerable concern to their Heads of State and Government at Cartagena, the
Ministers deplored attempts to determine the agenda of the UN and its future orientation
through a budgetary exercise and the non-payment in full, on time and without conditions,
of assessed contributions, both to the UN regular budget and to peace-keeping budgets.
While noting the efforts of the United Nations Secretary-General to improve efficiency and
cost-effectiveness, they emphasised that:
- Member States must faithfully honour their legal financial
obligations through the payment of their assessed contributions on time, in fall and
without conditions;
- Member States in arrears must take concrete action in paying
up their dues and this should not be linked in any way to paying outstanding assessed
contributions;
- the UN must be given the resources to finance all mandated
programmes and activities, especially those which were of crucial concern to developing
countries, such as the eradication of poverty;
- the principle of the capacity to pay must remain the
fundamental criterion for the apportionment of mandatory contributions to the United
Nations. Unilateral measures, or attempts to drastically change the methodology of the
scales of assessments, would not be accepted. Any review of the scale of methodology, if
undertaken, should be based on consultation and consensus;
- the scales of financing peace-keeping operations must
reflect the special responsibilities of the permanent members of the Security Council and
the economic situation faced by other countries or groups of countries, particularly the
developing and Least Developed Countries. The principles contained in the special scale of
assessments established by resolution 3101 (XXVIII) for the apportionment of the expenses
of peace-keeping operations should be adopted as the permanent basis for any further
review.
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- The Ministers observed that efforts should continue to be made,
taking into account the interests of all members of the Movement, to evolve a common
position on the elements of "An Agenda for Peace" and its Supplement.
- They recognised that the principles of the UN Charter and
international law were applicable to the elements contained in an Agenda for Peace and its
Supplement.
- They further recognised that without prejudice to the competence of
the other principal organs of the UN and to their respective roles in Post-Conflict
Peace-Building (PCPB) activities, the General Assembly has the key role in the formulation
of PCPB activities.
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- While reaffirming that the primary responsibility for international
peace and security rests with the United Nations, the Ministers stressed that the role of
regional arrangements or agencies, in that regard, should not in any way substitute the
role of the United Nations, or circumvent the full application of the guiding principles
of the United Nations and international law.
- They reaffirmed that a process of consultations, cooperation and
coordination between the UN and regional arrangements or agencies, based on Chapter VIII
of the Charter, as well as on their mandates, scope and composition, is useful and can
contribute to the maintenance of international peace and security.
- They stated that regional arrangements on economic cooperation can
contribute to development and to the growth of the world economy through, inter alia, the
promotion of trade, investments and technology transfer. They stressed the need for a firm
commitment to enhance economic cooperation among developing countries within the framework
of an open, multilateral, equitable and non-discriminatory trading system.
- They highlighted the important role that regional arrangements and
agencies, composed of Non-Aligned and other developing countries, can play in the
promotion of regional peace and security, economic cooperation and economic and social
development.
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- The Ministers reiterated the continued validity of the fundamental
right of all peoples to self-determination the exercise of which, in the case of peoples
under colonial or alien domination and foreign occupation, is essential to ensure the
eradication of all these situations and to guarantee universal respect for human rights
and fundamental freedoms. They strongly condemned ongoing brutal suppression of the
legitimate aspirations for self-determination of peoples under colonial or alien
domination and foreign occupation in various regions of the world.
- They observed with satisfaction the emergence into sovereign
statehood and independence of peoples once under colonial or alien domination and foreign
occupation. They reaffirmed the inalienable right of peoples of non-self-governing
territories to self-determination and independence in accordance with UNGA resolution 1514
(XV) of 14 December 1960 regardless of the territory's size, geographical location,
population and limited natural resources. They renewed their commitment to hasten the
complete elimination of colonialism and supported the effective implementation of the Plan
of Action of the Decade for the Eradication of Colonialism. In this respect, the principle
of self-determination with respect to the remaining territories within the framework of
the Programme of Action should be implemented in accordance with the wishes of the people
consistent with UNGA resolutions and the Charter of the United Nations.
- In the context of the implementation of UNGA resolution 1514 (XV),
the Ministers reiterated that any attempt aimed at the partial or total disruption of the
national unity and the territorial integrity of a country is incompatible with the
purposes and principles of the Charter of the United Nations.
- They reaffirmed the right of the people of Puerto Rico to their
self-determination and independence on the basis of resolution 1514 (XV) of the UN General
Assembly and requested the Committee of 24 of the UN to consider the issue during its 1997
session.
- The Ministers reiterated their support to the Committee of 24 and
expressed their desire that the said body would continue to actively pursue its work in
order to determine the interests of the peoples of non-self-governing territories
regarding their future political status, for which a number of actions, such as visiting
missions and regional seminaries, are totally adequate. For this purpose, they called upon
the full support of the Administering Powers.
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- Deeply concerned at the criminal activities of international
mercenaries, the Ministers condemned the practices of recruiting, financing, training,
transit, use or supporting mercenaries as a violation of the purposes and principles of
the Charter of the United Nations. These endangered the national security of States,
especially small States, as well as the safety and stability of multi-ethnic States and
impeded the exercise of the right of peoples to self-determination. They therefore urged
adherence to the provisions of resolution 49/150 of UNGA, especially its call on States to
consider the possibility of signing and ratifying the International Convention against the
Recruitment, Use, Financing and Training of mercenaries.
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- The Ministers noted that with the end of the cold war, there is no
justification for nuclear arsenals, or concepts of international security based on
promoting military alliances and policies of nuclear deterrence. While the end of the cold
war had created unprecedented opportunities to promote this objective, regrettably there
had been assertions which sought to justify continued reliance on nuclear doctrines, in
certain cases against non-nuclear-weapon states. The Ministers recalled that the Cartagena
Summit had called for the adoption of an Action Plan for the elimination of nuclear
weapons within a time-bound framework. They called upon the international community to
join them in negotiating and implementing universal, non-discriminatory disarmament
measures and mutually agreed confidence-building measures.
- The Ministers noted and welcomed the various international
initiatives which stress that the opportunity now exists for the international community
to pursue nuclear disarmament as a matter of the highest priority. They also noted that
our present situation whereby nuclear-weapon states insist that nuclear weapons provide
unique security benefits, and yet monopolize the right to own them, is highly
discriminatory, unstable and cannot be sustained.
- The declarations that nuclear weapons continue to offer security to
the nuclear weapon states could contribute to the escalation of the nuclear threat and
were contrary to their undertakings to fulfil nuclear disarmament obligations. Nuclear
weapons continued to exist in massive numbers and in a state of operational readiness. It
was imperative that security in the Post-Cold War era will be promoted through drastic
reductions in nuclear weapons and their elimination. They called for a series of agreed
measures forming part of a programme for nuclear disarmament leading to a
nuclear-weapon-free world.
- The Ministers welcomed the advisory opinion of the International
Court of Justice that "there exists an obligation to pursue in good faith and bring
to a conclusion negotiations leading to nuclear disarmament in all its aspects under
strict and effective international control". They noted and welcomed the growing body
of authoritative international opinion which stressed that nuclear disarmament should be
pursued by the international community as a matter of the highest priority. They recalled
that a number of NAM countries had taken collective initiatives at the 50th and 51st UNGA
sessions to underscore the need for urgent action in the field of nuclear disarmament, as
mandated at the Cartagena Summit. The Ministers welcomed the useful work that had been
done by a number of NAM countries, members of the Conference on Disarmament, in developing
an Action Plan for nuclear disarmament within a time-bound framework.
- The Ministers:
- called on the Conference on Disarmament to establish, on
priority, an ad hoc committee to start negotiations on a phased programme for the complete
elimination of nuclear weapons within a specified framework of time, including a Nuclear
Weapons Convention. A universal and legally binding multilateral agreement should be
concluded committing all States to the complete elimination of nuclear weapons;
- urged Nuclear Weapon States to agree to commence the
negotiations in the Conference on Disarmament on a legally binding international
instrument to provide unconditional assurances to all non-nuclear weapon states against
the use or threat of use of nuclear weapons;
- urged Nuclear Weapon States to agree to commence
negotiations in the Conference on Disarmament on a legally binding international
convention prohibiting the use or threat of use of nuclear weapons under any
circumstances, pending the complete elimination of nuclear weapons;
- supported the convening of the Fourth Special Session of the
United Nations General Assembly devoted to disarmament; and
- expressed satisfaction at the work of the Working Group on
Disarmament established by the NAM Coordinating Bureau in New York.
- The Ministers noted with concern that, though the Chemical Weapons
Convention will enter into force on 29 April, 1997, the two declared possessors of
chemical weapons have still not ratified it, which jeopardizes both the necessary
universal and disarmament character of the Convention as originally conceived, which has
been the guiding principle during the protracted negotiations through which the Convention
was achieved. The Ministers emphasised that the First Conference of States Parties should
adopt the appropriate measures towards ensuring that the Convention is operationalised in
a fair, equitable and non-discriminatory manner that safeguards the principle of
universality and the disarmament character integral to the Convention. The Ministers
further emphasised that the outstanding issues before the Preparatory Commission needed to
be satisfactorily resolved in order to ensure effective implementation of the Convention.
In this context, they called on the developed countries to promote international
cooperation through the transfer of technology, material and equipment for peaceful
purposes in the chemical field and the removal of all existing multilateral as well as
national discriminatory restrictions that are contrary to the letter and spirit of the
Convention.
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- In the context of ongoing deliberations to strengthen the Biological
Weapons Convention (BWC), the Ministers emphasised that, given the importance of
biotechnology for economic development, any verification regime for the Biological Weapons
Convention should contain specific provisions to safeguard the security and economic
interests of the developing countries, parties to the BWC. The strengthening of the BWC
should provide for ensured access for peaceful purposes to the relevant material,
equipment and technologies for their economic growth. While asserting that the Biological
Weapons Convention inherently precludes the use of biological weapons, the Ministers
emphasized their support for the explicit prohibition of the use of these weapons in the
Convention. In this connection the Ministers noted that the Islamic Republic of Iran has
formally presented a proposal to amend Article I of the title of the Convention to include
the prohibition of use of biological weapons and urged an early reply from the state
signatories to the inquiries by the depositories on this proposal.
- The Ministers reaffirmed that global and regional approaches to
disarmament are complementary and could be pursued simultaneously. They urged States in
various regions of the world to negotiate agreements to promote greater balance in
conventional armaments and restraint in the production and acquisition of conventional
arms and, where necessary, for their progressive and balanced reduction, with a view to
enhancing international and regional peace and security. They stressed that the peaceful
resolution of regional and inter-State disputes is essential for the creation of
conditions which would enable States to divert their resources from armaments to economic
growth and development. Regional disarmament initiatives, to be practical, needed to take
into account the special characteristics of each region and enhance the security of every
state of the region concerned. The question of accumulation of conventional weapons beyond
the legitimate requirements of states for self-defense should also be addressed, taking
into account the special characteristics of each region.
- The Ministers considered the establishment of Nuclear-Weapons Free
Zones (NWFZs) as a positive step towards attaining the objective of global Nuclear
Disarmament. They urged States to conclude agreements with a view to creating
nuclear-weapon free zones in regions where they do not exist, in accordance with the
provisions of the Final Document of SSOD-l. In this context, they welcomed the
establishment of nuclear-weapon-free zones established by the Treaties of Tlatelolco,
Rarotonga, Bangkok and Pelindaba. The Ministers considered the question of the
establishment of Nuclear-Weapon-Free Zones in other parts of the world and agreed that
this should be on the basis of arrangements freely arrived at among the states of the
region concerned and in conformity with the provisions of the Final Document of SSOD-I.
The Ministers welcomed the effort of Mongolia to institutionalise its status as a
nuclear-weapon-free zone.
- The Ministers reiterated their support for the establishment in the
Middle East of a zone free of all weapons of mass destruction. To this end, the Ministers
reaffirmed the need for the speedy establishment of a nuclear-weapons-free zone in the
Middle East in accordance with the relevant General Assembly resolutions adopted by
consensus. They called upon all parties concerned to take urgent and practical steps
towards the establishment of such a zone and, pending its establishment, they called on
Israel, the only country in the region that has not joined the NPT nor declared its
intention to do so, to renounce possession of nuclear weapons, to accede to the Treaty on
the Non-Proliferation of Nuclear Weapons (NPT) without delay, and to place promptly all
its nuclear facilities under full-scope IAEA safeguards. They expressed great concern over
the acquisition of nuclear capability by Israel which poses a serious and continuing
threat to the security of neighboring and other States and they condemned Israel for
continuing to develop and stockpile nuclear arsenals. Stability can not be achieved in a
region where massive imbalances in military capabilities are maintained particularly
through the possession of nuclear weapons which allow one party to threaten its neighbors
and the region. They further welcomed the initiative by H.E. Mohammed Hosni Mubarak,
President of the Arab Republic of Egypt, on the establishment of a zone free from weapons
of mass destruction in the Middle East. They stressed that necessary steps should be taken
in different international fora for the establishment of this zone. They also called for
the total and complete prohibition of the transfer of all nuclear-related equipment,
information, material and facilities, resources or devices and the extension of assistance
in the nuclear-related scientific or technological fields to Israel.
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- The Ministers welcomed the signing of "The African
Nuclear-Weapon-Free Zone Treaty" (Treaty of Pelindaba) in Cairo on 11 April, 1996 and
affirmed that this treaty will further consolidate global efforts towards
non-proliferation and contribute to the strengthening of international peace and security.
The Ministers further affirmed that the establishment of NWFZs, especially in the Middle
East, would enhance the security of Africa.
- Consistent with the decisions adopted by the 1995 Review and
Extension Conference, the Ministers of States Parties to the NPT called upon all states,
particularly the nuclear weapon states, to fulfil their commitments, particularly those
related to Article VI of the Treaty. They also emphasised the need to ensure and
facilitate the exercise of the inalienable right of all parties to the NPT to develop
research, production and use of nuclear energy for peaceful purposes without
discrimination. Undertakings to facilitate participation in the fullest possible exchange
of equipment, material and scientific and technological information for the peaceful uses
of nuclear energy should be fully implemented. In this context, the Ministers of the
States Parties to the NPT called upon the Preparatory Commissions up to and including the
2000 Review Conference of the NPT to engage immediately in substantive work for the
meaningful implementation of the obligations under the Treaty and the commitments in the
1995 Principles and Objectives document.
- The Ministers of States signatories to the Comprehensive Nuclear Test
Ban Treaty (CTBT) took note of the opening of the CTBT for signature in 1996. They agreed
that if the implications of the treaty are to be fully realized, the continued commitment
of all State signatories, especially the nuclear weapon states, to nuclear disarmament
will be essential.
- The Ministers stated that in order to enhance international security
and stability, all States Parties to non-proliferation, arms limitations and disarmament
treaties should comply with and implement all provisions of such treaties. They emphasized
that questions of non-compliance by States Parties should be resolved in a manner
consistent with such treaties and international law. They further emphasized that any
deviation from the role envisaged for the Security Council under the UN Charter or in
certain circumstances under multilateral treaties on non-proliferation, arms limitation
and disarmament would undermine the provisions of these treaties and conventions,
including the inherent mechanisms for securing redress of violations of their provisions.
Such deviations would also call into question the value of painstaking multilateral
negotiations on disarmament and arms control treaties in the Conference on Disarmament.
They underlined that circumventing or undermining the provisions of existing treaties will
seriously prejudice the role of the Conference.
- The Ministers expressed particular concern over the illicit transfer
and the proliferation of small arms and light weapons and their accumulation in many
countries, which constituted a threat to the population and to national and regional
security and were a factor contributing to destabilization of states. They urged states to
take steps to deal effectively, through administrative and legislative means, with the
increasing problem of illicit transfers of weapons, particularly small arms, which
exacerbate tensions leading to strife, conflict and terrorism and impact negatively on the
socio-economic development of affected countries. In this regard, they welcomed the
adoption of guidelines in 1996 for international arms transfers in the context of General
Assembly resolution 46/36H of 6 September 1991 by the UN Disarmament Commission.
- The Ministers welcomed the various bans, moratoria and other
restrictions already declared by States on anti-personnel landmines and the growing
consensus against the indiscriminate use and transfer of anti-personnel landmines. They
also took note of the efforts to eliminate them as early as possible. In this regard the
Ministers welcomed the decision taken by the Central American countries to constitute
their region as an anti-personnel landmines free zone. The Ministers underlined that any
negotiations to ban landmines should take into account the legitimate national security
concerns of States as well as their legitimate rights to use appropriate measures for
self-defense. They called for urgent and specific measures to ensure that affected
countries had full access to material, equipment, technology and financial resources for
mine clearance. Access to non-lethal technologies being developed to perform the
legitimate defensive role of landmines would help generate support for their elimination.
The Ministers also called for continued humanitarian assistance for victims of landmines.
- The Ministers expressed concern about the residue of the Second World
War, particularly in the form of landmines which cause human and material damage and
obstruct development plans in some Non-Aligned countries. They called on the States
responsible for laying the mines outside their territories to assume responsibility for
the landmines, to cooperate with the affected countries, to provide the necessary
information, maps and technical assistance for their clearance, to contribute towards
defrayal of the costs of clearance and provide compensation for any ensuing losses.
- The Ministers noted with concern that undue restrictions on export to
developing countries of material, equipment and technology for peaceful purposes persist.
The Ministers emphasized that proliferation concerns are best addressed through
multilaterally negotiated, universal, comprehensive and non-discriminatory agreements.
Non-proliferation control arrangements should be transparent and open to participation by
all States and should ensure that they do not impose restrictions on access to material,
equipment and technology for peaceful purposes required by developing countries for their
continued development.
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- The Ministers reaffirmed the importance of international cooperation
to ensure peace, security and stability in the Indian Ocean region. They acknowledged the
contribution the IOZOP initiative had made towards that end and underlined the importance
of the Chairman of the Ad Hoc Committee on the Indian Ocean continuing informal
consultations on the future of the IOZOP and the Committee's work and requested the
Chairman of the Committee to keep the NAM coordinating Bureau in New York informed of
developments.
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- The Ministers expressed their great concern at the acts of terrorism
and subversion which, under various pretexts and disguises, result in the most flagrant
violations of human rights and seek to destabilize the prevailing constitutional order and
political unity of sovereign States.
- They welcomed with satisfaction the adoption by the General Assembly
of the Declaration on Measures to Eliminate International Terrorism (UNGA Resolution
49/60) and urged that it be implemented. They reiterated their condemnation of all acts,
methods and practices of terrorism, as they have adverse consequences, inter alia on the
economy and social development of States. They declared that terrorism also affects the
stability of nations and the very basis of societies, especially pluralistic societies.
They also called for the urgent conclusion and the effective implementation of a
comprehensive international convention for combating terrorism.
- The Ministers further urged all States to cooperate to enhance
international cooperation in the fight against terrorism, wherever by whoever against
whomever it occurs, at the national, regional and international levels, and to observe and
implement the relevant international and bilateral instruments, taking into account the
Final Document of the UN Conference on the Prevention of Crime held in Cairo in 1995.
- The Ministers affirmed that criminal acts intended or calculated to
provoke a state of terror in the general public, a group of persons or particular persons
for whatever purposes are in any circumstance unjustifiable, whatever the considerations
or factors that may be invoked to justify them.
- The Ministers reaffirmed that all States are under the obligation
pursuant to the purposes and principles and other provisions of the Charter of the United
Nations and other relevant international instruments, codes of conduct and other rules of
international law to refrain from organizing, assisting or participating in terrorist acts
in the territories of other States or acquiescing in or encouraging activities within the
territories directed towards the commission of such acts, including allowing the use of
national territories and territories under their jurisdiction for planning and training
for that purpose. The Ministers solemnly reaffirmed their unequivocal condemnation of any
political, diplomatic, moral or material support to terrorism.
- They reaffirmed the Movement's principled position under
international law on the legitimacy of struggle of peoples under colonial or alien
domination and foreign occupation for national liberation and self-determination which did
not constitute terrorism.
- The Ministers called once again for the endorsement in principle of
the call for the definition of terrorism to differentiate it from the legitimate struggle
of peoples under colonial or alien domination and foreign occupation, for
self-determination and national liberation.
- They stressed the need to combat terrorism in all its forms and
manifestations regardless of race, religion or nationality of the victims or perpetrators
of terrorism.
- The Ministers also emphasised that the taking of hostages, wherever
and by whomever committed, constitutes a serious obstacle to the full enjoyment of all
human rights and is, under any circumstances, unjustifiable. They therefore called upon
States to take all necessary measures to prevent, combat and punish acts of
hostage-taking, including strengthening international cooperation in this field.
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- The Ministers emphasized that international law should become the
instrument for promoting justice in international relations.
- The Ministers concurred that peace and harmony among nations and
peoples require States to respect and promote the rule of law. For this reason, they
committed themselves to conduct their external affairs based upon the obligations of
international law. They agreed that only an international society governed by law could
assure peace and security for all its members.
- Further progress is necessary to achieve full respect for
international law and the International Court of Justice and, inter alia, for promoting
the peaceful settlement of disputes and a system of international criminal justice with
respect to crimes against humanity as well as other international offences.
- The Charter refers to the International Court of Justice as the
Organization's principal judicial organ. The Security Council should make greater using of
the World Court as a source of advisory opinions, and in controversial instances, use the
World Court as a source of interpreting relevant international law and consider decisions
to review by the World Court.
- The Ministers took note of the ongoing discussions on the
establishment of the International Criminal Court and stressed the need to ensure that the
proposed tribunal is impartial and independent of political organs of the United Nations
which should not direct or hinder the functions of the Court nor assume a parallel or
superior role to such Court. They emphasized that the jurisdiction of the proposed Court
should be based on the consent of the states concerned. They reiterated that the principle
of complementarity between the jurisdiction of the International Criminal Court and the
national jurisdiction is a central principle and shall, therefore, be reflected and
observed with respect to all the provisions of the Court's statute.
- The Ministers emphasised that the integrity of legal instruments
adopted by Member States must be maintained.
- With the conclusion of the cold war, many new areas of concern have
emerged which warrant a renewal of the commitment of the international community to uphold
and defend the principles of the United Nations Charter and international law as well as a
fuller utilization of the mechanism and means for the pacific settlement of disputes, as
envisaged in the United Nations Charter.
- The Ministers called upon all States to refrain from adopting or
implementing extra-territorial or unilateral measures of coercion as means of exerting
pressure on non-aligned and developing countries. They noted that measures such as Helms
Burton and Kennedy-D'Amato Acts constitute violations of international law and the Charter
of the United Nations, and called upon the international community to take effective
action in order to arrest this trend.
- The Ministers reiterated their concern for the insistence of certain
States to resort to one-sided qualifications of the policies of other States, thus serving
interests of their own. They rejected the continued use of unilateral mechanisms of
evaluation, qualification and certification, as they are inconsistent with the principles
of sovereign equality of States and of non-intervention and undermine multilateral
instruments and mechanisms established for this purpose.
- The Ministers reiterated once again the commitment expressed by the
Heads of State or Government at the Eleventh Summit held in Cartagena to jointly oppose
all kinds of conditionalities and coercive unilateral measures, rules and policies that
are attempted to be imposed or those that are imposed on Member States.
- The Ministers called upon all States to refrain from adopting or
implementing any unilateral measures not in accordance with international law and the
Charter of the United Nations.
- The Ministers called on all States to cooperate with the
International Criminal Tribunal for Rwanda and to apprehend and return for trial those who
committed the crime of genocide in Rwanda to the country where the crime was committed.
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- The Ministers welcomed the establishment of the International
Tribunal of the Law of the Sea and also the Commission on the Limits of the Continental
Shelf and noted that the International Seabed Authority is now operational. They urged all
countries, and especially developed countries, that have not yet done so, to ratify the UN
Convention on the Law of the Sea and the Agreement relating to the implementation of Part
XI of the Convention at the earliest. They reaffirmed that the Convention and the
Agreement represent significant achievements of the international community through
multilateral efforts in creating a legal order for the seas and oceans which will
inter-alia, facilitate international communications, promote the peaceful uses of the seas
and oceans, the equitable and efficient utilization of their resources, the conservation
of their living sources, as well as the protection and preservation of the marine
environment.
- The Ministers called on the international community to give greater
support to the land-locked developing countries in improving their transit transport
facilities to encourage their efforts in overcoming difficulties hampering transit trade.
- The Ministers emphasized the need for a renewal of commitment by the
international community to uphold and defend the principles of the UN Charter and
international law as well as the means envisaged in the UN Charter for the pacific
settlement of disputes. The role of the Movement in promoting a just international order
would largely depend on its inner strength, unity and cohesion. It is therefore incumbent
on all Member States to work earnestly towards promoting the solidarity and unity of the
Movement.
- To this end, the Ministers recalled the mandate of the Coordinating
Bureau to study further the question of a mechanism for peaceful settlement of disputes
between Member States, including proposals made and positions expressed at the Cartagena
Summit and to report to the Committee on Methodology.
 
   
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