S/PV.230 Security Council

The business on the agenda is the Jammu and Kashmir question. 1 have a brief report to make to the Council. As suggested .during our last meeting, and as question mément avec nière les de accord sens forme d'un projet de résolution J'ai seulement la qui siste parer que Conseil a~eed by both parties, 1 consulted with the representatives of India and Pakistan. Bath. sides showed a keen desire to arrive at a. satjsfactory understanding· as quickly as pos- ~lbJe; and their efforts have achieved a preliminary result in the fOJ;m of a draft resolution [document 8/654]. 1 haye the honour to submit. this r~soIution to the Council, not. only in my c.apa- CIty as representa.tive of Belgium but also on be~alf ôf 'bath the parties, 'who have sigIiified therr approval. . ;Bb~ 'parties, 1 would emphasize, recognized that it would, be weU to continue unremittirigly ~ur ~nsu1tations, in order to clarify the essen- 'fiaI POInts of a settlement as far as possible, and to submit them ta the Council 'Ibid.; pages 67-87. ".Adopts the following resolution : Il A. A Commission of the Security Council is hereby cstablished, composed of representatives of three members of the United Nations, one to be selected by India, one to be selected by Pakis- tan, and the third to be designated by the two so selected. Il Each representative on the Commission shall be entitled to select bis altemates and assistants. Il B. The Commission shall proceed to the spot as quickly as possible. It shall aet under the authority of the Security Council and in accor- dance with the directions it may receive from it. It shall keep the Security Council currently in- formed of its activities and of the development of Lite situation. It shall report to the Security Council regularly, submitting its conclusions and proposals. .. C. The Commission is invested with a dual function: Il (1) To investigate the facts pursuant to Arti- cle 34 of the Charter; .. (2) To exercise, without interrupting the work of the Security Council, any mediatory infiuence likely ta smooth away difficulties, to carry out the directions given to it by the Security Council; and ta report how far the advice and directions, if any, of the Security Council have been carried out. "D. The Commission shall perform the func- tions described in Clause C : Il (1) In regard to the situation in the Jammu and Kashmir State set out in the letter of the representative of India addressed to the President of the Security Council, dated 1 January 1948, and in the letter from the Minister of Foreign Afiairs of Pakistan addtessed to the Secretary- General, dated 15 January 1948; and . .. (2) In regard to other situatiQns set out in the letter from the Minister of Forèign Afiairs of Pakis~naddressed to the Secretary-General, dated 15 January 1948, when the Security Council so directs. .. E. The Commission shaH take its decision' by majority vote. It shall determine its own pro- cedure. It may allocate among its members, altemate members, their assistants, and its per- sonnel such duties as may have to he fulfilled for the realization of its mission and th(.~ reaching of its conclusions. Il F. The Commission, its members, altemate members, their assistants and its personnel shall be entitled ta joumey, separately or together, wherever the necessities of their tasks may re- In the interests of orderly discussion 1 think it would be well for the moment to keep the debate as far as possible within the framework of the clraft resolution. Finally, may 1 pay tribute to the co-operative and helpful spirit of l:'JÛth parties. 1 am sure that the Council, for its part, will be eager to show the same readiness. Sir Mohammed ZAFRULLAH KHAN (pakistan) : The President will be pleased to recall that aiter the resolution was drafted, he inquired from the parties as to what heading it should bear. It was decided that the draft resolution should bear the heading Il Draft resolution submitted by the re- presentative of Belgium", and that 'the words .. on the Jammu and Kashmir question ", having regard to the body of the resolution, should not appear in the heading. 1 think there has been sorne mistake in the document. Will the President kindly direct that those words he taken out.

Before calling upon the representative of India may 1 say that it waff' in fact by error that the words .. 'On the Jammu and Kashmir question" were included in the title of the draft resolution. The text which 1 communicated did not contain these words. effet nant figurent mots. Mr. GOPALASWAMI AYYANGAR (India) : r wish to submit that whether or not we retain the words .. on the Jammu and Kashmir question .. in the heading of this draft resolution, the resolution can relate only to the Jammu and Kaslunir question. 1 thought that was clearly understood. The item on the agenda which we are now considering is headed Il The Jammu and Kaslunir question ". In the course of the discussions we have had with the President of the Security Council during the last two days, we did consider the question of widening the scope of t!te functions of this commission. The representative of Pakistan was in favour of including matters which did not relate to the Jammu and Kash- ~~ question. After a good deal of argument and d.lscussion, it was decided that while the commis- Sion was being appointed primarily for the Jammu and Kashmir question, if, later on, the mots celui-ci, i counter-complaint of Pakistan was brought on the ~gen~a of the Secur~ty Council and, after discus- SJ.o~, It was decided that any ma,tters in that complaInt aIso required investigation, it would then be aPl?ropriate to refer such que~tions to the same commission. With a view to arriving at an agreed thim:rangement, we decided to insert clause D of , sdraft resolution. Those matters can relate ooly to Jammu and Kashmir. We conceded that li, later on, the Security Council came to the conclusion that other matters in the counter-complaint-which is not yet on the agenda of the Security Council-had tobe referred to a commission at all, we should have no objection to their being referred to this saIlle commission. . .ln so far as the draft resolution is concerned, the Security Council cao pass. this resolution only "vith regard to the item entered on the agenda. But 1 particularly .wish to stress the fact tbat we attach the greatest importance to the urgency and the immediacy of dealing with the situation in Kashmir. Our fust efforts should be directed tow.ard the commission's taking such steps as may b,~necessary to resolve this particular dispute and to bring about the stoppage of fighting there. If,in the course of such investigations, the Security COUDcil should become seized of the other matter and should aIso come to the conclusiun that any items oonnected with that matter require investigation, then the Security Council can certainly give a directive to this commission,. and the commission can consider the matter. Personally, 1 think the heading as entered in the, draft resolutic::l before us is correct,. but as the President has ruled that those words .. on the Jammu and Kashmir question" should be omitted from' the heading, 1 have no objection. But it makes no difference at all with regard to the substance of what·we are really contending-this resolution canrelate ooly to the item that is now on the agenda.

There are no objections. The title of the document will therefore remain as agreed yesterday by both parties: .. Draft resolution submitted by ;the representative of Belgium ". Mr. AUSTIN (United States of America) : 1 requested permission to speak ooly for the purpose of asking aparliamentary question, as follows :- After the disposaI of the resolution pending in the Security Council, are the consultations to continue between the parties under the guidance of the President?

1 think 1 am correctly interpreting the intentions of the representatives of India and Pakistan when 1 Mr. NOEL BAKER (United Kingdom) : 1 think the Security Council ought to express its warm congratulations to the President and to the two parties on having been able so quickly to bring before us this resolution with the most satisfactory preliminary result which it contains. 1 cannot, myself, doubt that the establishment of this commission will be of great benefit to the Security Couneil. Of course, it does not interrupt our work in any way, as the resolution itself says. Our purpose, as the President said in his introductory report, is to reach a satisfactory solution here of the problem. But it is a fust step of great value. 1 feel sure that both sides have had to make concessions on some points to each other. That is right . practiee in an intemational authority. It is the l'anglais): devrait Président sont une satisfaisant. la plus est nullement interrompue, même sident est blème. important. ont tains d'une organisation internationale. qui des point ni nom reux je Président l'Inde. 1 way in which, with honour and prestige, litigants in a dispute uphold their points of view but arrive at an honourable result. ~ i j ,' 1 should like to express on behalf of my Government, and 1 believe on behalf of many ! members of the Security Council who may or , may not desire to express their own views, our ;~ warm congratulations to the President and the 1 representatives of Pakistan and India. General McNAUGHTON (Canada) : 1 should like. to support the remarks whieh have been made by the representative of the United Kingdom and say that the Canadian delegation has followed with the deepest and most sympathetic interest the eourse of the discussions which the President has held with the representatives of India and Pakistan. We are very happy indeed that their initial discussions have resulted in the proposaI. which is now before us and has been agreed to by the representatives of the two parties most intimately concemed in this situation. .~l The delegation of Canada wishes not only to give its support to this resolution but also to , express the hope that the discussions which have been held up to date will prove a good augury in l'anglais) représentant rerque plus discussions représentants réjouissons naires sommes les représentants tion ment mer poursuivies que abouti 1 extending further the area of agreement which has been reached between Pakistan and India. (traduit déclaré il circonstances, compromis entre deux.parties. tion de Le d'accompagner propre du exprimerait ties. d'ajouter Sir Mohammed Z\FRULLAH KHAN (pakistan): Wi~ reference to what was said by the representative of IndiB, it is well known, of course, as must be the case under the circumstances, that the resolution represents a compromise between the parties. The. original point 1 raised was merely that the language in the title of the resolution shouId mn in accorrlance with that compromise. The representative of fudia has chosen to put his own gloss upon the language of the resolution, whereas all the President's efforts were directed towards making sure that the language of the resolution should represent what had been agreed upon. l regre~ that any gloss should have been necessary, .and that makes it necessary for me to Though we have here a machinery now agreed upon to carry into effect the directions that may. be given to it by the Security Council, our main task still remains, and 1 desire to express the hope that whether by way of consultations between the parties under the leadership and guidance of the President, or by way of discussion of the matter before the Security Council, the question of a settlement-at least the principles upon .which the working out of the settlement should be based-is the fust question to which attention must be directed. As will be seen from Clause C of the resolution, which defines the functions of the Commission. itsfunctions are .. to investigate the facts pursuant to Article 34 of the Charter"; that is. to say, where a situation exists which .. is likely to endanger the maintenance of international peace .andsecurity ". That, we were told, is technically necessary, but is obvious in any case from the disputes which·have been brought to .the notiCe of the Security Council. The Commission is also invested with the function of exercising," without interrupting the work of the Security Council, any The machinery will be there, but the machinery will not come ta life until the Security Council has arrived at some sort of decision with regard ta the principle upon which the settlement is ta be based, though it may be left ta the commission ta carry it into effect or ta settle its details, ta make proposals back with regard ta any of the details that might stand in need of clarification, and sa on. That is the on1y submission 1 would make at this time. française satisfaction soumis de montrent tan, manière preuve pacifique français à sécurité M~. DE LA TOURNELLE (France) (translated jram French) : The French delegation is very gratified ta note the draft resolution submitted ta us today. The resolution shows the lpyalty ta the principles of the Charter which animates the representatives of India and Pakistan and their desire ta settle their differences peaceably., Their moderation augurs well for a peaceful and just solution, which the French Government will be the fust ta welcome. 1 am aware that the Security Council owes this fust success ta the political understanding and wisdom of its President and 1 thank him for it. Mr. GOPALASWAMI AYYANGAR (India) : l do not wish to say anything which will in any sense detract from or mar the good feeling between the two parties which has resulted in this draft resolution. But, as sorne insistence has been placed on an aspect of this matter ta which it is difficult for me to agree, speaking for India 1 wish to make my position perfectly clear. de quoi timent et résolution. insisté sur je position allons voir concernant Cachemire, cétte le à document Sir Conseil , laquelle soumis ment ait â The main contention is whether we are investing this commission today with jurisdiction ta deal not only with matters connected with the Jammu and Kashmir situation, but also with matfers outside that situation which have been brought to the notice of the Security Council by Pakistan. Those matters have been brought to the Security Council's attention in document II, which was attached ta the letter of my friend. Sir Mohammed Zafrullah Khan, addressed to the Security Council [document S/646], and which requested that document II be placed before the Security Council. It is true that document II has been received by the Security Council, but 1 do not think that document II has yet been placed before the Security Council for its consideration. ' In the first place, we have yet ta state our case on the matters referred to in document II. 1 may encore questions d'information, que que demandera ~ention to the Security Council, for its information, that document II covers such wide ground that our case pertaining to those matters will take a little time to be presented to the Securitv ~~~. - 1 mention these facts in order to showthat the Security Council is not in a position today to state whether any of the matters referred to in document II' could be made the subject of an inquiry by a commission, or whether it will be necessary for the Security Council to proceed with an inquiry into such matters, . . We hope to be able to convince theSecurity Council that once we have dealt with·the Kashmir question, there will probably not be anything of substance which will divide India and Pakistan to the extent of endangering international peace and security. From the facts, as we look upon . them, it seems to me that it will not be right for us to say that this commission will necessarily deal with such. matters which are not now before the Sëcurity Council. Whether such matters have to go a commission at all will have to be decided later on. However, we have conceded that, if the Security Council should reach a decision that any of those matters should be referred to a commission, this particular commission may deal with them. That is the agreement at which we have arrived. Therefore, it is 110t possible for us to agrée to the position that we are nowsetting. up a inere instrument of the Security CounèiLfor the purpose of dealing with whatever matters the Security CouDcil may choose. to refer to that commission., We tirst set up a commission for the purpose of dealing with the Jammu and Kashmir issue. We "àgree that, if the Securlty Councillater comes to the conclusion that other matters should be' referred to a commission, that commission may deal with those matters. That is ·the position on .which India necessarily has to stand at this stage. Mr. EL-KHDUiu (Syria) : 1 should like to join the members who have already spoken in express- ! find that the resolution is a good one. However, there are certain vague and ambiguous points contained in it. Since the meetings between the two parties are to continue, 1 presume that clarification will be given to those points in the resolution which are still unclear, especially as to the directions which it is expected that the Sècurity Council will give. , The question of the directions to be given by the Security Council is not very cIear in the resolution. Clause C of the resolution speaks of the" ... directions, if any, of the Security Council ... " In other words, the commission would Le tions En pas commencer s'ils ~ot delay the start of its work in order to await instructions or directions. If such instructions or directions were to be given, they would be complied with. In the same way, Clause B states that the corn,.. mission shall act .. in accordance with the directions it may receive " from the Security Council, 1 • b 1 1 th th th t IS not a so ute y necessary, et;l, at e Commission sécurité en ment des Javaux la -résolution, mier en Charte tous menacer Cette à entre sécurité obscurs qu'il égard. points au ~~~~~t~~~~c~o~;~ ~~~~~~:c;~i~o~~~~ of reference contained in the resolution: in the fust ..place, .. to investigate the. facts pursuant to Article 34 of the Charter". In other words, anv fact or situation likely to endanger the maintè- nance of international peace and security would he investigated. There is lio difficuIty, then, in •mterpreting that phase of the matter. _.There are other pointS in the resolution which '1Vil1be clarified' by the subsequent meetings to be held between the parties and the President of the Security Council; For this reason, 1 think it is ~ecessary to prolong discussion of this resolution. Mter it is adopted, additional matters which require clarification will be taken care of at subsequent meetings. Mr. NOEL BAKER (United Kingdom) : 1 could, 1 think, makea long speech on the observations made by the representatives of India and Pakisl'anglais) discours 1 think 1 understand very weIl the preoccupations of both the representative of India and .the representative of Pakistan. There are points of substance in what they say and 1 think it is useful, perhaps, that their speeches ha~e been made at this stage. But under the chairmanship of the President a compromise has been arrived at by the two delegations on these very points. 1 have studied the resolution and 1 have Iistened most attentively to aIl that has been said this morning. It seems to me that the Ianguage of the resolution, and particularly of Clauses C and D, the drafting of which 1 much admire, expresses the compromisE' arrived at with great clarity and precision. 1 think it does full justice to the contentions of both parties as they. have been put forward this morning. 1 think the plan is right in itself. The commission is to be establish~d, as has been said. not to make thesettlement, but to help to execute the settlement which the Security Couneil, we hope, will now make. For these reasons 1 hope that the resolution will be adopted and that we shall set up the commission. As the next step let us, as our colleague from India has said, proceed swiftly to settle the Kashmir question, that is to say, to stop the fighting, but not only to stop the fighting but to get a definite settlement of the whole question and to settle the future of Kashmir on the basis of peaceful co-operation and impartial justice which both .parties alike desire. Of course it is true that the rights of Pakistan to raise anything which their Government thinks it right to raise before the Security Council will remain. It will be for their Government to decide what they desire to raise and when they will raise it. However, 1 think that nothing which has been said by either of the two representatives this morning should delay the adoption of this resolution which, as 1 see it, is a fust step in the process which, whatever form it may take, will lead to full agreement on all outstanding questions whîch are now in dispute between the Govemments of India and Pakistan. 1 hope, therefore, that the Security Council will adopt the resolution. Mr. HSIA (China): 1 wish to express the great satisfaction of my delegation that the representa- . tives of India and Pakistan have so speedily and amicably agreed to a formula with a view to the settlement of their present difficulties under the able and energetic chairmanship of our President. Conceming the draft resolution submitted by the President, the Chinese delegation wishes to say that any agreement voluntarily and wholeheartedly entered into by India and Pakistan will have the sincere support and' blessing of my delegation. Mr. LOPEZ (Colombia) : 1 just wish to add a few remarks to what has been said by the representative of the United Kingdom. The draft resolution which has been presented to the Security Council seems to me to meet very fully the needs of the situation, and in my view it should prove highly satisfactory to both parties iu the light of the opin..ions which they have expressed this morning. !) Accordlng to Clause D of the draft resolution the Commission would first address itself to tùe general question and then to other matters mentioned in the letter from the Foreign Minister of Pakistan [document 8/646] when the Security Council so directs. As 1 see it, we can proceed to'set up this Commission and, following the precedent that has been established so successfully under the very able chairmanship of the President, the representatives of India and Pakistan can meet again with the President and ascertain whether there aIe further points which should be brought to the attention of the Security Council and on which they cannot agree without reference back to that body. Pakistan ~ j 1 , ~ ~ , 1 believe that the outlook is extremely .encouraging. Not only should the parties be congratulated on the results achieved so· far, but the Security Council should congratulate itself on the opportunity it has been given to recover, as it were, the ground lost on previous occasions. As it stands today, this matter is of great assistance to the Security Council and will help it to improve its position very much in the eyes of public opinion. l believe, further, that it marks a very decided improvement Ï1J. relation ta the two previous questions~those of Greece and Indonesia. ment intéressées seil dire, ! ~ 3 m ~J :'; In this draft resolution we bave reached a later stage which is a decidedly better one and seems to open the way for a more successful operation of the Security COUDcil. l therefore not only support the resolution but also wish to add the expression of my very high appreciation of the ability .with which the President of the·Security Council hasbeen handling the matter: nement me résolution, sécurité The PRE~IDE~T (translated from French) : If nobody wishes to speak, 1 shan put the .resolution tcf the vote. Ji Ml". GROMYKO (Union of Soviet Socialist Re;. publics)(translated from Russian): 1 too note with satisfaction that India andPakilOtan have'expressed their readiness to settle this question peaceably by establishing . good-neighbourly relations between them. That is undoubtedly a very significant facto r can fully understand, therefore, the satisfaction with which the members. of th.e· Security Cduncil have greeted the statement that Indi,a andPak:,tan are ready to settle this question by peaceful means. listes aussi sont chose de du ~ What 1 have said about the point on which 1 disagLee with the Belgian proposai refers only, as 1 have already said, to the principle on which it is suggested that the commission shmùd be established. Mr. TARASENKO (Ukrainian Soviet Socialist Republic) (translated /rom Russiizn) : 1 aIso share the generaI feeling of satisfaction that the parties On this point 1 support the proposal of my col.. league, the representative of the Union of Soviet Socialist Republics, that the commission he appointed from the members of the Security Council. If the majority do not agree with this, 1 too shall, for the reasons given, be compelled ta abstain from voting on the resolution. Mr. LaPEz (Colombia) : It seems to me that there is a very substantial differenc~, that should be pointed out, between the Indonesian Committee and the commission that is proposed under this draft resolution. In the Indonesian case, we could not set up a commission of the SeciIrity Council Qecause it was vetoed. Much as we argued in favour of a commission, we could not bring the .majority of the Security Council ta accept our point of view in favour of that commission, whereas in the Present case, the position is extremely dear and, ta my mind, it is very much in accordance with the spirit of the very principle of cqnciliation. The two parties to this dispute have come ta the Security Council expressing both their cooo- .dence in the Security Council and their willingness ta reach an· understanding. By every one of !heir aets since they came to the Security Council they have shown rather umnistakably that they want to reach an agreement. It seems to me it is only too clear that, as they themselves bave begun to establish ilie basis for an agreement in the appointment of the proposed commission, we should in turn be only too glad to aceept the, principle of this initial step. l should go even further and say that 1 am rather inclined to imagine it would be ideal, in case of any further disputes, to have the pmties come to the Security Council in'the same spirit and with the same avowed purpose'of 'reaching an understanding in applying for our co-operation. ~ ~ really believe that nothing better can be done under the circumstances. The parties are on the road to an amicable settiement. They have applied IlA S fo~ ?ur co-operation; t1;l.ey have suggested fuat this IS the best way to resolve the dispute, and we should gIad1y accept this settlement. 1 am very glad that the differences between the parties have been made dear. - , The Indonesian question has not yielded such ~ ~il~sfactory results for the very reason that. the J1lnsdiction of the Security Council· in ·the case Wil.s not very clearly established, whereas in the Mr. GROMYKO (Union of Soviet SociaIist Republics) (translated Irom Russian) : May 1 say a few words about the Colombian representative's remarks? 1 too notice that the commission set up in connexion with the Indonesian question differs somewhat from the commission proposed by the Belgian representative. That difference, however, is not to the advantage of the Belgian proposaI. The resolution on the Indonesian Committee states that that Committee should be made. up of members of the Security Council, whereas this is not even mentioned in the Belgian rr30lution. The Indonesian Committee is a Security Council committee ooly in form but not in fact. The new commission is not a Security Council commission either in form or in facto Although on paper there appears to be some sort of formaI connexion between the Security Council and the commission, in actuaI fact there is no such connexion. Mr. NOEL BAKER (United Kingdom): Of course, there are certain differences between what was done in the Indonesian case and what was done in this case. You adapt what you do to the circumstances of the case, the vvill of the parties and the necessities. But the principles are basically the same, and since the object of all of us, including our colleagues from the Union of Soviet Socialist Republics and the Ukrainian Soviet Socialist Republic, is to sc::ure a peaceful settlement, to stop the fighting and to settle the differences by common agreement, 1 should have thought that the Indonesian precedent was rather encouraging. Nothing would be further from my mind-and 1 made it plain a dozen times-than to cut the Security Council out of the further work on this question with which we are now dealing, but 1 venture to think that there really must be some misunderstanding, the origin of which 1 have not found. Ta my way of thinking, this is a commission of the Security Council. It will be created by .the resolution before us. Clause B of the resolution seems to me to be extremely plain. It says : .. B. The Commission . . . shall act under the àuthority of the SecQri.ty Council and in accordance with the directions it may receive from it. It shall keep the Security Council currently informed of its activities and of the development of the situation.. It shall report to the Security Council regularly, submitting its conclusions and, proposaIs." 1 believe that in substance we are in agreement with our colleagues from the USSR and the Ukraun,'·'an Soviet S.ocialist·Republic, and whatever we May think about the form-of course there A vote was taken by show of hands, and the resolution adopted by 9 votes in favour, with 2 abstentions. Chine, Votes for: Argentina, Belgium, Canada, China, Colombia, France, Syria, United Kingdom, United States of America. Abstentions: Ukrainian Soviet Socialist Republie, Union of Soviet Socialist Republics.

1 am sure that the representatives of India and Pakistan both intend to nominate their representatives as soon as possible, as provided in the resolution. 1 suggest that we meet again in order ta continue to examine this question as saon as the interested parties and 1 are able ta report-very shortly, 1 hope-on the progress of these mbsequent conversations. la res. If there is no objection it is so agreed. Does no representative wish to speak? The meeting is adjourned. The meeting rose at 12.45 p.rn. TWOHUNDRED AND THlRTYmFIRST MEETING Held at Lake Success, New York, on Thursday, 22 lanuary 1948, at 2.30 p.m. Président: Mr. F. VAN .J,.ANGENHOVE (Belgium). Argentine, France, d'Ukraine, soviétiques, rique. Present : The representatives of the following countries: Argentina, Belgium, Canada, China, Colombia, France, Sytia, Ukrainian Soviet Socialist Republic, Union of Soviet Soc::ialist RepublicB, United Kingdom, United States of America. 20. Provisional agenda (document S/Agenda 231) 1. 1. Adoption of the agenda. 2. 2. India-Pakistan"question. Ca) Letter dated 1 January 1948 from the representative of Indïa ~.ddressed to the President of the Security Council concerning the situation in Jammu and' Kashmir (document S/628).1 (b) Letter à~!ed 15 January 1948 from the Minister for Foreign Nfairs of Pakistan addressed to the Secretary-Gelleral, conrité, pages