S/PV.1012 Security Council

Mr. President, on behalf of Mr. Tsianglwish to thank you for your very kind and generouswords.1 shall Dot fail to convey them ta him and 1 am sure that he will appreciate them very much. 2. de des venez rapporter particulièrement 3. Mr. Tsiang has been detained by oth~r important matters and apologizes for being unable to attend this meeting. He has asked me ta say how pleased he \Vas to hand over the presidency of the Security Council ta you, Mr. President. Indeed, your great ability and profound wisdom have earned you the respect of aIl, both inside and outside the United Nations. 3. faires à satisfaction seil votre ont l'extérieur 4, Finally, Mr. President, 1 should like to say how glad my delegation is that the Council is once again ta benefit from your efficient guidance before you take over another mission of importance for your Government and your great nation. 4. joie cier que votre Letter dated 16 January 1962 from the Permanent Representative of Indio addressed ta the President of the Security Council (5/5060 and Corr.l); Letter doted 29 JllnuClty 1962 from the Permanent Representative of Pakistan addressed to the President of the Security Council (S/5068)

In accordance with previous decisions takenby the Council on this item on our agenda, ifthere is no objection 1 shall invite the representatives of Pakistanandlndia to participate in our deHberations, without the right to vote. At the invitation of the President, Mr. Muhammad Zafru1la Khan (Pakistan) and Mr, C. S. Jha (India) took places at the Council table.

The CaWlcil will now continue Hs discussion ofthe item on the agenda, a question which, as the members will recall, was discussed in the course of the last five meetings in April and May of this year. The first speaker on my Hst for today is the representative of the United States, On whom 1 now call. 7. Ml'. STEVENSON (United States of America)~ Ml'. President, first, let me thank you and the other members of the Council fol' your kindness and courtesy in rearranging the hour of this meeting to accommodate me. My schedule, unfortunately, makes it necessary for me ta be absent this afternoon and 1 wanted ta express even briefly a few views on the subject of Kashmir before leaving. 8. The United States, as much as any Member of our Organization, regrets that this fourteen-year-old dispute between two great countries, with both of whom we enjoy the friendliest of relations, has yet ta be rGsolved and is still on our agenda of unfinished business of great importance. It has commanded the attention and taxed the resourcefulness ofthe members of the Security Council on many occasions and for long intervals of time during these years. Since 1948 some of the most illustrious statesmen ever associated with this Organization have laboured long and hard ta advance a solution. General McNaughton of Canada, Sir Owen Dixon of Australia, Ml'. Gunnar V. Jarring of Sweden and, since 1951, the present United Nations representative for India and Pakistan on this question, a distinguished citizen of my country, Ml'. Frank P. Graham, have all brought theirwisdom and experience ta bear on this stubborn problem. 9. Although their efforts and those of the United Nations Commission for India and Pakistan and the Security Council have not yet been r'3warded by success, 1 am sure 1 express the views of most of the 10. It has seemed to my delegation that the best approach at this stage ofthe prolonged debate is to take for a point of departure the area of common ground which exists between the tv.'o parties. 1refer of course tc the United Nations Commission forIndiaandPakistan (UNCIP) resolutions of 13 August 1948!/ and 5 January 1949,Y which were accepted by bath parties and which in essence provide for demilitarization of the territory and a plebiscite whereby the population may freely decide the future status ofJammu and Kashmir. Certainly there can be uo misunderstanding of paragraph 1 of the UNCIP resolution of 5 January 1949 which reads as foHows: ltThe question of the accession of the State of Jammu and Kashmir ta India or Pakistan will be decided through the democratic method of a free and impartial plebiscite". Furthermore, this is in full conformity with the principle of the self-determination of peoples which is enshrined in Article 1 of the Charter as one of the very purposes for which the United Nations exists. 11. Numerous resolutions have been adopted by the 8ecurity COlU1cil with a view to furthering the implementation of the UNCIP resolutions. Pursuant to the terms of severai of these resolutions, Mr. Graham, with the indefatigable patience of thepeace-maker, has made repeated suggestions to the two parties for practical steps for demilitarization and a plebiscite. His last report, dated 28 March 1958, relates in detail bis efforts in accordance with the terms of the most recent resolution of the Council on this subject. Unfortunately, one of the parties to the dispute was lU1able to agree to the !ive recommendations made by Mr. Graham during his visit to the sub-continent in January and February 1958. 12. In spite of the long stand~g and sometimes discouraging history of this dispute, 1repeatthatwe must not lose heart. In his most recent report, Mr. Graham, after reporting the lack of agreement on his five recommendations, makes a further recommendation which, it seems to my delegation, has greatrelevance today, four years later. In his report, Mr. Graham states as follows: " , .. 1 still express to the COlU1cil thehopethat the two Governments will keep under consideration the proposaI for a high level conference. 1 b.'ust that, in their further consideration, they will find it possible promptly themselves to make, without prejudice to their respective positions on the Kashmir question, preparations for holding,within the framework of the Charter of the United Nations, sllch a Conference at the earliest practicabledate, covering 13. We believe that Ws su,ggestiondeserves the most careful consideration by the members of the Security Council. It was with a view toWard facilitating sllch a high-level conference that President Kennedy offered the services of Ml'. Eugene Black, President of the World Bank, to explore with each head of Government the DuUines and prospects for negotiations anddiscussions which hopefully might lead to a fL'lal resolution of this troubled and contentious matter. 14. To our regret, fuis offer was not accepted by one of the parties. We are convinced that a high-Ievel conference between India and Pakistan wbich, we believe. would be facilitated by such an exploration, would enable the parties to ascertainthe precise areas of disagreements between them and should, we hope, induce that spirit of compromise and magnanimity on both sides without which no problem can ever be truly solved. 15. In any event, this COUDcil must be prepared in such ways as it can to assist the parties in moving this dispute off dead-centre. India and Pakistan-these two neighbours who share the same Bub-continent, who spring from the same national sail, who possess so much common history and who together contain such an impressive share of the world's population-have now tao long dissipated their energies and their resources in tbis costly conflict. 16. By removing tbis dispute, the parties concerned can set an example for statesmen everywhere and can contribute significantly to the cause of world peace. The Iarger interest of South Asia's peaceandsecurity require, ft seems to us, the prompt settlement of the Kashmir dispute, We are confident the other members of the Security COUDcil share our conviction that the COUDCi! has a definite responsibility ta use its best efforts to ensure that such a settlernent be attained, li Ibid., Thirteenth: Year, Supplement for lanuary. February and March 1958, document 5/3984. para. 35.

1 do not propose ta diseuss aIl of the many issues involved in the complex question which ie now Wlder our consideration. As we an know, the India-Pakistan question-or the Kashmir questionis the oidest of aH territorial disputes that have been brought up in the United Nations. My delegation happens ta be one of those which have participated in aIl the debates that have taken place on this question at more than one hundred meetin,l!;s of the Security Council. 1 believe the position of my Goverrnnent on the various issues has been made amply clear. In this debate, therefore, 1 will address myself only ta the pertinent basic princlples, the importance of which 18. It iB indeedregrettable thatthis territorial dispute between India and Pakistan should bave remained on the books of the Security COWlcil for more than fourteen years. The latest mission undertaken by Mr. Graham has not, in spite of his diligence and resourcefulness, yielded the hoped-for result. My delegation has carefully studied his last report and wishes ta pay tribute to him for his efforts. We have also listened with great attention ta the statements made at thé earlier meetings of the Councîl by the representatives of the two parties. To be frank. 1 must say that we have found few elements in these statements ta justtly any hope for an early solution of the long dispute. The two parties seem ta remain as far apart on this question as they werefourteen years aga. J 19. However, it cannat be said that the present debate has been in vain. Ithasbeenquite useful. It will be recal1ed that, late last year and eady tbis year, numerous statements were made by persans of considerable influence, bath in India and pakistan, about possible forcible action over Kashmir. These statements, while seemingly justifiable in the eyes of the party making them, sounded warlike to the other. No doubt they have contributed ta the rise of tension between the two countries. It will be recaIi.ed that Pakistan made the request for the present meetings of the Security Council mainly because, in its belief, such statements made in India, part!cularlythose during the national election, constituted a threat ta international peace and security. J J ~ 20. Against that background, the Council bas now heard, during this debate, categorical guarantees given by bath parties that they will not seek a settlement of the question ti'..:-ough the use of force. 1 am sure that the Council warmly welcomes these guarantees. For not only do they help relax the tension and thereby create a calmer atmosphere, which is necessary if any new effort toward a settlement is ta succeed at aIl, but, what is more, they also serve to reinforce, in a general sense, respect for the principle ofpeaceful settlement of international disputes as contained in our Charter. This support of what may be considered the most fundamental principle of our Organization 1s aIl the more welcome, coming as it does at a time when the threat or use of force tends ta become again the mode of nations in the settlement of territorial disputes in the name of one high-sounding doctrine or another. My delegation 1s of the view that, in auy resolution that may be adopted on tbis question, the Council should take due note of these guarantees. 1 1 JJ 21, lt has beau said in connexion with the Kashrnir question that llie bas not 8toOO stiU but has moved J forward and that much water bas passed under the __bridge during 'hese fourteen years. l 'hink tha' is 22. Nor could the current initiative whichisreported ta have been taken by Pakistan, to negotiate with the Chinese Communists in regard to the border of Kashm:ir, have any effect on the status of Kashmir. What Pakistan hopes to gain from sllch negotiations, 1 do not know. India's reaction to such negotiations has already been made known in this Council and elsewhere. On instructions from my Government, 1 wish to put on record that the result of allch negotiations, if any, will not be binding on my Government and on the people of China. 23. It i5 only fair to aU parties concerned to say that, in the eyes of the security Council. nothing bas happened in Kashmir that changes the legal status of that territory. The status of Kashmir remainswhat it was fourteen years ago. In the absence of an agreement bet'Neen India and Pakistan, it cannot be determined without regard to the principle of self-determination. This has been the position consistently taken by the Secllrity Council on the Kashmir question. 1 do not see how it is possible for the Council to take any other position. 24. The plebiscite elaborately worked out by the United Nations Commission for India and Pakistan, agreed to by the parties and approved by the Security Council, is the means by which the principle of selfdetermination is to he put into practice in Kashmir. It is the means by which the people of Kashmir are to express freely, under fair and equitableconditions, their will as ta the future of the country. It has now been said that sllch expression has been madethrough the three 'elections held in Kashmir. In aU sincerity and with due respect, my delegation has yet to be convinced that these elections could have served the sarne purpose as the plebiscite is designed to serve. 1 do not think that the people were consulted in these elections about the future status ofKashmir. Furthermore, the UNCIP resolutions contain detailed provisions conce1'lling demtlitarization, withdrawal of troops and other matters, an of which are designed ta create fair and equitable conditions .so that the plebiscite will be free and impartial and will not be influenced in one way or another. My delegation is constrained to say that the three elections held in Kashmir, however fair and democratic in their own field. are no substitute for the plebiscite andthat they have no bearing on the status of Kashmîr. 25. The holding of a plebiscite has been blocked by an impasse which developed at an early state in the implementation of the UNCIP resolutions. It has 26. The Security Council should take advantage oftrJs present debate to urge the two parties te enter into new negotiations. They may wish ta do sa between themselves or with the help of a third party. As the representative of the United States has just said, the Security Council should be prepared ta give them all possible assistance. In the past, the good offices of the Secretary-General have frequently proved helpful 1n handling delicate and complicated situations. In the present case, the Acting SecretarY-General, coming from a country which neighbours bath India and Pakistan, can be assumed ta have intimate knowledge and appreciation of the intricacies of the problem. My delegation believes that his services may weIl be u.tilized. 27. Territorial disputes have afHicted many regions of the world in the course of history. Sorne of them have proven terribly cosUy, suchasAlsace-Lorraine. The leaders of India and Pakistan of course know this, but the two peoples, moved by passionate nationalism and patriotism, may not know it. Let me express the hope that the people of India and the people of Pakistan will face the problem of Kashmir not ooly with warm hearts, but also with cool heads.

When the Security Councillast met in May ta discuss the India- Pakistan question, my delegation expected that an interval for reflection on the facts then placed before it would be useful before we met again in order to consider further what this Council migbt do to discharge its responsibilities and to help towards a solution of the Kashmir dispute. In the six weeks that have passed the whole question has been under active consideration by members of the Council and 1 trust that at the end of our meetings we shall be able ta reach a helpful and constructive conclusion. ) J J 1 1 J JJ ~9. The situation in Kashmir has shown no signs of lrnproveme"t sL'1ce we last met. On the other band, both Indla . ,- Pakistan have held faitlûully to their assuranceê "..at they do not contemplate the use of force or of measures outside the scope ofthe Charter of the United Nations to alter or terminate the present state of affairs. To this extent we can say that at 30. In December 1956 Rer Majesty's Under-Secretary of State for Commonwealth Relations gave tc the United Kingdom Parliament the following statementof British poUcy on the Kashmir problem: "lier Majesty's Government have aiways hoped that the dispute would be settled by agreement between the two countries. That Is still their hope. Meanwhile, Rer Majesty's Government will continue to support efforts to reach agreement which wauld give affect to the resolutions of the UnltedNations." This remains Rer Majesty's GOvernment's palicy: we are still convincedthat a solution can emerge only from constructive and sincere negotiations between the GOvernments of India and Paldstan. 31. Until the India-Pakistan question wasraisedonce more at the Security Council this wioter, four years had passed sinee the last substantive discussion of the matter in this COUDcil. It was the hope of the United Kingdom Government throughout that period, as indeed before, that the two parties would take advantage of fui;;; break in international discussion in order to hold negotiations privately which might at least have opened the way ta a mutually acceptable solution. We were eneouraged in this hope by the settlement since October 1958 of many of the other diffieult and complicated matters in dispute between India and Pakistan and by the faet that the leaders of both eountries 'had met fromtimetotimein the course of this period and had, we understood, discussed the problem of Kashmir. This process of reconciliation culminated in the signing, in the autumn of 1961, by President Ayub Khan and Mr. Nehru, of an agreement about the use of the waters of the Indus River Basin. This problem, a matter of vital importance to the economies of bath Iodia and PakL.,i:an, was felt at one time to be well-nigh insoluble. But with statesmanship, goodwill and the assistance of the President of the World Bank~ Mr, Eugene Black, a solution was found. ! 32. This development seemed to us proof of the desire of the Governments of Pakistan and of India to remove all those obstacles which had prevented a full understanding between them. We have still no doubt that the desire persists but, much to our regret, it bas not so far proved possible to find a basis for the settlement of tbeKashmir questionwhich would beagreeableto bothparties. This continueddisagreement between two member countries of the Commonwealth, for botii. of whom the United Kingdom has friendship and respect based on long years of the closest association, causes my delegation great concern and distress. There are perhapsnotwocountries in the world that have sa many things in common, so many reasons for continued co-opoJration and amity, as 33. Anything which the Security Council can do to avoid the prolongation of this unhappy state of affairs should be welcome ta the two parties, ta their fellow members of the Commonwealth and ta the world community as a whole. 34. This leads me ta the question how the Security Council can help at the present moment. As to this, Ml'. President, my delegation finds itself in general sympathy and agreement with the considerations advanced this morning in the persuasive statement of the distinguished representative of the United states. 35. As 1 mentioned earlier, our view is that this dispute can only be settled by negotiation between the parties. Neither the Security Council nor any other outside body is inapositiontodictate a solution. Nevertheless, the Security COUllcil cannot wash its hands of this affair. The past history of discussion before it and its previous decisions make this impossible. We have the clear duty to formulate a view. Furthermore, 1 believe that the security Council can have a positive and helpful l'ole to play. 36. As 1 bave said, the absence of any progress over the last four years has disappointed our hopes that fruitful negotiations would take place without sorne form of friendly outside intervention. The Security Counoi! may be able to help by acting as a oatalyst and in preparing the ground for negotiation. The Council should consider whether there is not some procedure which it might reoommend with a view ta clearing the air andremovingtheobstaclesin arder to bring about a negotiation in the most hopeful circumstances. lt 37. We naturally hope that any such procedure as may be suggested as the upshot of our discussions here would be welcome to the Governmentsofbothlndia and Pakistan and would be accepted by them m the same friendly spirit as it is offered. 38. The United Kingdom Government is encouraged by the precedent of the Indus waters to think that a procedure roughly analogous-that is ta say by the two parties availing themselves, to the extent that this might be useful, of the good offices of sorne third party acceptable to bath ofthem-might lead theway ta the solution that 1 am sure is desired by all. We hope, therefore, that further discussion at this O1),I'rent session will not become too embedded in the past history of the case. J 1 ) 1 i J J 39. My delegation has deliberately not entered into the rightsand wrongs or the merits and demerits of the dispute. We have our views, but we do not feel that it would be helpful to the prospects of solution to utter them at this stage. It is not by the laying of blame but by the good will of those most closely concerned that success in resolving this dispute will come. 40. We therefore most earnestly askthatthe Governments of India and Pakistan and the members of this

1 thank the representative of the United Kingdom. As no one wishes ta speak, in order ta advance our \York 1 shan DOW tak,e the flocr as the representative of FRANCE. 42. Our Council 18 again confronted \Vith a question which it has already e>tamined many times in the course of the Iast fifteen years. Sinee 15August 1947, the problem of Kashmir has almost constantly engaged the attention of international opinion and of the United Nations in particular. That there i5 a problem. and a serious one, cannat be denied. The Security Counoil, the General Assembly and representatives of the Organization have, in turn, endeavoured ta solve it; in tbis cOnnexion, l should like ta paya tribute ta the work accomplished by Ml'. Graham, to his perseverence and ta his devotion ta the cause of peace in Kashmir. The fact that we are again gathered round this table confirms that aIl those effOrts havehitherto been in vain. We are compelled ta admit that, in tbis domain as in many others, nothing can replace the sovereign will of States in settling the disputes which may arise between them. 43. This problem, it is true, has particularly complex geographical, ethnic and linguistic aspects, to which have been added, in the last fifteen years, elements of a political, economic and social natUl'ewhichrenderit even more thorny. Moreover, the matter has taken on an emotional characte1'~ both at Karachi and at Delhi, which is certainly understandable but not cOnducive ta a settlement. 1 shaH not attempt to analyse the various aspects of the question, which the representatives of Pakistan and India have dealt with in detai!. 1 shall refer only to that part of their arguments which concerns the possibilities of solving the problem, for that is the point on which we should concentrate our attention. 44. On 27 April Ml'. Zafrulla Khan declared at this table that his Government's desire lIisnottoapportion blame, is not ta l'aise prejudice", but that Il '" relationships between India and Pakistan would become closer and the two countries would begin ta co-operate in many fields ta the mutual advantage of everyone" (1007th meeting, para. 93). 45. Ml'. Jha, for his part, reaffirmed on 1 February last that India would not attack Pakistan or use force against Pakistan. His GOvernm 311t' s goal, he continued, was lita create an atmosphere free from any apprehension, and thereby ta facilitate the holding of any negotiations or discussion ... for the settlement of tbis issuell (990th meeting, para 87). 46. Those two statements, further oonfirmed by the highest authorities at Karachi andDelhi, atleast 1'<::$)5- sure us about the means which the two parties inteild to employ in asserting their claims to Kashmir; theyare not contemplating recourse to force and are willing ta enter into negotiations. ThOBe negotiationB must of course be more than a mere façade; they should be undertaken with a sincere desire for success and 48. In the course of bis statements, Ml'. Krislma Menon made remarks from Ume to time of 50 harsh a nature that they might have seemed to bode no good. Nevertheless, ever sinee India became a Member of the United Nations it has constantly set itself up to be a champion of international harmony and the Independence of peoples. Those are the principles which its representative still defends in the Committees of which he is a member. We do not want to question India's faithfulness to those doctrines, bothinmatters that affect it personally and in problems of concern to other nations. 48. a avait puis Unies, pion des tinue sions que il lorsque ressent 49. What can the Security Councildointhesecircumstances? It is not for us ta choose a solution, still less ta impose one. Besides, in the view of the representatives of both countries. there is no I1threat to the peace, breach of thepeaceoract of aggression" in the words of Chapter VnoftbeCharter. It is therefore the provisions of Chapter VI that apply, particularly those of Article 33, whichinvites "the parties to any dispute, the continuation ofwhich is likelytoendanger the maintenance of international peace and security", to seek first of aIl "a solution bynegotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own cho:i.ce". AIl that the Security Council can do, under the terms of this Article, is to "calI upon the parties to settle their dispute by such means". 49. de solution, de n'y ou pitre du culièrement "les susceptible sécurité "avant médiation, judiciaire, choix". aux parties 50. This i8 the framework imposed by the Charter on any action which our Counc11 can take in the present circumstances. 1 shaH express no opinion on the forms and conditions of the negotiations envisaged, because it is the parties concerned which should determine them. That is their right and their responsibility as sovereign States, We can only leave it ta them and place our trust in them, since through their representatives they have expressed their willingness to arrive at a settlement by peaceful means, but we must also urge them ta act in such a way as to bring about an effective relaxation of tension in their relations as soon as possible. que présentes. et de fiance par les gouvernement parties. 51. 1 should like to assure the representatives oflndia and Pakistan of my Government's sincere wish that a solution acceptable to both parties will be found to the problem of Kashmir. Both of them know that France maintains friendly relations with their countries which it intends to preserve and strengthen. débat, ne des naises. 52. They may l'est assured that my first cC''''cern in this debate is to do or say nothing whatever that might impair the atmosphere of Franco-Indian or Franco-Pakistan relations. One of the two repre'- sentatives has said that the question of Kashmir 1,. 1 53. Speaking in my capacity as PRESIDENT. may 1 add that 1 have consulted a number of members of the CaWloil ta ascertain when it would he convenient ta hold our next meeting. The prevailing opinion la that we should allow ourselves a little time ta refiect and ta contact Mr, Krishna Menon, who ls due ta arrive in New York within the next few daya. The general opinion was that a good Ume would he next Tuesday afternoon, 19 June. If that is agreeable to aU the members of the Council, we might decide ta meet at 3.15 p.m. on that day. ft was so decided. 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E~,nbu'gh, YUGOSLAVIAIVOUG() SLAVIE, CANKA,RJEVA lAlOZBA Ljobll.n•• Sioven;.. , oRhi/NO PREoUZECE Jugosiovensk. Knlig•. T"'''je PROSVJETA S, T,g B'."I'" 1Jedln.t••• PROSVET/\ PUBllSHlriC Jmpo'I.E.porl O'vis;on. P. Te"uiJe 1611. aeos,od. ~1~~~~~E,~~E:ET~~~Ê;uf~liKU lBS. ,ue To·do. S. P. 2B3. S.ioon. EUROPE AU5TRIA/AUTRICHE, GERQ~O & COMPANY. G,aben 31, Wien.'. 8. WUlURSTORFF LATIN AMERICA/ AMÉRIQUE LATINE M.'~us S,",~u••t,.ss" IO.S.I,ou'S. GEORG FROMME & CO.. Sp.n.o's.ss" 39, Wien. V. 8ElGIUM/BElGIQUE, AGENCE EV MESSAGERIES DE lA PRESSE. S. A. 14·22. ,ue du Pe"d, B'uxell••. BUlGARrA/SUlGARIE: RAZNOllNOS 1, , .., Ms"n, Soh.. ' ARGENnNAfA~GENTlNE, SUDAMERICANA. S. A.. Als;n. 80lIVlJ\/BOlIVIE, llBRERIA C."II. 972. la P.z. O,de" and ,nqui'i•• !'om cOunl"e, whe'o s.le••••nc'e. h••" nO' yo' b••n ""bli.hed S.les S.ot,on, U""ed ri.t,on •• Pal." les oomm'nde. et demande, de ,,,noei8nem.n,. ém.nan' de p." où ;1 n·e.i.,o ONU, New Yo,k &·U.). 00 i> 1. Section d., •• Litho in U,N. Priee: $U.S. 0.35 (or equivalent in