STATEMENT BY H.E. AMBASSADOR DATUK HASMY BIN AGAM, ALTERNATE PERMANENT REPRESENTATIVE OF MALAYSIA TO THE UNITED NATIONS ON DISARMAMENT AND INTERNATIONAL SECURITY AT THE FIRST COMMITTEE OF THE 51ST SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY ON MONDAY, 14TH OCTOBER 1996

Mr. Chairman,

May I congratulate you, and members of the Bureau, on your elections. I am confident that under your stewardship this Committee would be able to carry out its work to its successful conclusion. My delegation will extend to you our fullest cooperation.

Mr. Chairman,

2. My delegation wishes to thank the Secretary-General of the United Nations for the important and comprehensive statement he has just made in this Committee. His statement will surely provide a useful setting for the discussion of the issues before this Committee.

Mr. Chairman,

3. My delegation has consistently maintained that the United Nations has a central role and primary responsibility in addressing the issues of disarmament in ways that would further strengthen international peace and security. In doing so, we always believe that the multilateral mechanisms of the United Nations system should be utilized to the fullest. Recent developments in the field of disarmament should inspire and motivate us to strive harder in enhancing our collective determination to promote genuine progress towards the realization of the goals of general and complete disarmament. My delegation hopes that the deliberations at this session of the General Assembly will make a positive and meaningful contribution in the attainment of these goals.

4. The adoption of the Comprehensive Nuclear Test-Ban Treaty (CTBT) on 10 September this year has been described as one of the significant events pertaining to nuclear disarmament. My Prime Minister, Dr. Mahathir Mohammad, had already expressed Malaysia's position on the CTBT during his recent address to this session of the General Assembly. He had characterised the CTBT as being flawed and deficient in a number of aspects, not the least of which were its failure to set the Treaty in the overall context of nuclear disarmament, lack of a clear time-frame for the total elimination of nuclear weapons and an ill-conceived and controversial entry-into-force provision. Nevertheless, Malaysia had supported the enabling resolution during the resumed session of 50th General Assembly and will sign the Treaty out of the realization that an imperfect Treaty is better than no treaty. While we regret that the Treaty will not put an end to all forms and manner of testing of nuclear weapon devices, the Treaty would halt, or at the very least, strongly inhibit nuclear testing as we know it. The challenge before the international community, pending the entry into force of the Treaty, is in ensuring that the current moratoria on nuclear testing are being and will continue to be observed, while exerting every effort to secure the universal endorsement of the Treaty.

Mr. Chairman,

5. The Malaysian delegation attaches vital importance to the Nuclear Non-Proliferation Treaty (NPT) as a global instrument to check nuclear proliferation. It is the hope of my delegation that the review process to strengthen the NPT, beginning in 1997, would provide us the opportunity to consider further steps that could be taken by States Parties in the fulfillment of their Treaty obligations, particularly in respect of the obligations stipulated in Article VI of the Treaty. We also hope that the review process will also seriously consider the efforts that could be made to bring those few countries that remain outside of the Treaty into the NPT regime so as to realise its much-desired universality. This remains an extremely important objective. In this regard, my delegation wishes to underscore the special role and responsibility of the nuclear-weapon States vis-a-vis the NPT as the fulfillment of their part of the "bargain" would be a critical factor in bringing about the universality of the Treaty.

6. My delegation welcomes the recent advisory opinion delivered by the International Court of Justice (ICJ) on the Legality of the Threat and Use of Nuclear Weapons, in response to the General Assembly's resolution [49/75K]. Malaysia and twenty-one other countries submitted separate written and oral submissions at The Hague. While the Court did not definitively conclude whether the threat or use of nuclear weapons would be lawful or unlawful even in the "extreme circumstance of self defence in which the very survival of a State is at stake" nevertheless that Court concluded unanimously 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".

7. While we would have preferred a categorical ruling by the Court outlawing the threat and use of nuclear weapons, my delegation nevertheless considers the Court's Advisory Opinion an important development in the overall disarmament process. It was a positive contribution by the Court towards the realisation of the goal of total elimination of nuclear weapons, which must be pursued by the international community if we were to eliminate the possibility of this planet, and all that are on it, from being annihilated by these horrendous weapons of mass destruction. My delegation salutes the Court for this courageous legal opinion which in our view had reinforced the faith of the international community on the integrity as well as the important role of the Court in the international system.

8. To render the Court's Advisory Opinion meaningful, this Committee and this session of the General Assembly should work towards accelerating the process of nuclear disarmament. Towards this end Malaysia, along with other like-minded countries, in our determined pursuit of the goal of the total elimination of nuclear weapons, will be initiating a follow-up resolution pertaining to the ICJ Advisory Opinion in this Committee. We hope that this initiative will be supported by all those countries which are fundamentally opposed to the threat and use of nuclear weapons and which desire to see a world entirely free of these weapons of mass destruction.







Mr. Chairman,

9. My delegation is encouraged by the accelerating trend of the establishment of nuclear-weapon-free zones. The countries of South-east Asia had, after long years of negotiations, concluded in December 1995 the Treaty on the South-east Asia Nuclear-Weapon-Free Zone (SEANWFZ) which would contribute to further enhancing regional peace and security. The SEANWFZ Treaty calls upon the nuclear powers to accede to the protocol to the Treaty; the Southeast Asian States look forward to this accession at an early date. My delegation also lauds the signing of the Cairo Declaration on 11 April 1996 formally establishing the African Nuclear-Weapon-Free Zone (the Pelindaba Treaty). The establishment of these zones, in addition to those in Latin America and the Caribbean (Tlatelolco Treaty) and the South Pacific (Raratonga Treaty) reflects the genuine aspiration of the peoples of these regions to be free of nuclear insecurity. With the establishment of the four nuclear-weapon-free zones, the entire southern hemisphere is now almost nuclear free. The further strengthening of these regimes through the establishment of new ones, especially in conflict-prone areas of the world, would be a major contribution towards promoting nuclear non-proliferation and disarmament. In this regard the initiative being taken in this Committee by the delegation of Brazil aimed at further consolidating existing nuclear-weapon-free zones is a commendable effort.

10. In conclusion, Mr. Chairman, my delegation hopes that the deliberations in this Committee and at this session of the General Assembly would contribute towards advancing the disarmament process a step further towards the ultimate goal of a world free of nuclear weapons. We would urge delegations to draw inspiration and encouragement from recent positive developments in nuclear disarmament such as the ICJ advisory opinion and the signing of the CTBT. However, this can only happen if old and outdated security concepts, paradigms and mindsets are discarded - the sooner the better. A new phase to persuade and prod nuclear weapon States to rethink their nuclear policy in the post-Cold War period must begin. At the same time, every effort should be made to discourage or curb States with aspirations to acquire nuclear weapons or other weapons of mass destruction from proceeding with their plans.

Mr. Chairman,

11. I have in my statement, only touched on some of the issues before us in the interest of saving time. My delegation intends to make further brief and hopefully focussed interventions on other specific issues in the course of the deliberations in this Committee.

I thank you, Mr Chairman.