S/PV.468 Security Council

We shaH de nous tion consécutive. ~ontinue ta use the system of consecutive interpretation ln the general discussion on the question of India and Pakistan. Mr. VITERI LAFRONTE (Ecuador) (translated from Spanish) : The Security Council is now carrying out By its very nature and essence, an international dispute generally requires considerable time bèfore any solution can be reached. It involYes work which does not always proceed as rapidly as might be desired by the parties directly concerned at;ld by others in- terested in the maintenance of peace aiid security, Yet by the very nature and essence of disputes, there l'Ore cases whichappear simple at first)'yet become more and more complicated as time ',goesl;>n.. International disputes have been known to last for over a century. .- . The aim of international organi:zations such as ours is to bring about solutions within a reasomibly short period of time. To the difficulty, of finding a' solution to such grave and complex problems is added the fact that the parties concerned are not always prepared to do ~eir utmost'to solve their disputes. 1 belie'Ve that in the, present case fertunately, the t'wei parties, sister States which have only recently joined the international community of nations, firmly intend and' èarnestly ~esire to arrive afaspeedy,solution of theiF,d~spute. Although,this dispute '6riginate'd in 1948, more than two. years ago, it is nowthe:end of Februalj 1950 and rio'solution has'yet been found. In the 'past two years, liowever, as a restilt of directa,ction by the 'Security Council and by the special comrriissions set up by that organto ,bringabout a soluti.on 9f:the dispute between lti.dîa and Pa!cistan, sorne :very positiv~ steps have been taken. towards a solution. It ,wotild be most unfair, in speatcing of the achievetÏ1epts cif organs of the' ,United Nations, among them the Security Council, to say.that absolutely nothing has been done and that no solution whatsoever has been reached. There are many problems which, without the existence and intervention of the United Nations or Îts organs, would:have become much more serious; in cases where it. has notyet been pos- sible to reach a solution; it is beeausè the inherent gravity and complexity_of- the problem has made impossible for a solution to bé reached as speedily as ~ght .have been desi~ed. . . . In 'the orgâ:miation of the' Sectirlty Couneil It was feJt that ~er~ should. ~ continuity of. action which ~ouid enable the Council to solve international disputes despite the passing of time and the changes in the Council's membership. That is one of the, reasç>ns for there being both permanent and non-permanent mem- bers in the-Council. The non-permanent members are rioeâllchanged simtiltaneously, andcontinuity is thus That is why, in dealing with the problem of India and Pakistan, we do not need to' concern ourselves unduly with what has happened over the past two years. During that period there has beena development of the discussion and of the various stages in the endeavour ta find a dirèct solution of the problem. Ecuador, for example, which has just joined the Security.Council, must take things as it finds them; if must take up the problem at the point it has now reached. ' We have studied the problem ourselvesand we have also listened carefully to the statements made by bath parties. That valuable background materlal has made it possible for us to obtain a clear picture of the situation, but we cannot retrace our steps and we must face things as they are at present. Whathave weat present? We have now before us a very interestingdraft resolution [S/1461] submitted by four members of the Security Council, the repre- sentatives of Cuba, Norway, the United Kingdom and the United States. That draft resolution is a natural conseque~ce of the most recent developments, those which we should now consider. The United Nations Commission for India and Pakistan set up by the Security Couneil to study the question has made in- vestigations on the spot, has visited the capitals of the two countries concerned, and has acted efficiently, patient1y and intelligently. It has now submitted to us its third interim report [Sj1430, S/1430/Add.1, S/1430/Add.2 and S/1430/Add.3] containing practica1 information, conclusions and suggestiolls which war- rant the serious attention of members of the Security , Couneil. We have also carefully studied the important and realistic report of General McNaughton [S/1453], President of the Security Council for the month of December 1949. No attempt was made in that report to enter into the legal and historical aspects of the dispùte. It is com- pletely realistic and contains a number of recommenda- ,tions ta the parties to the dispute, together with the comments of both parties with respect to General McNaughton's proposaI. We are not only informed of those comments, which were·made directly to General McNaughton, but we have also heard and carefully studied the statements made by the representatives of India and of Pakistan. The draft resolution embraces ail the points on which the two parties have already agreed; it gives, so speak, a secondary place to the points on which no agreement could be reached and takes as its basis the fundamental points upon which both parties have agreed. With regard to those matters upon which there has been disagreement, it seeks to set up a procedure, create a body representing the Security Council to the parties which possesses sufficient authority to enable to mediate in an intelligent, flexible and efficient manner to bring about the solution which we ail desire. The draft resolution mentions the three basic stages on which the parties have agreed: the cessation hostilities as from 1 January 1949, the establishment of a cease-fire Hne on 27 July 1949, and the appoint- ment of Admirai Nimitz as Administrator of the plebis- cite which is to decide definitely, by the free will the inhabitants, whether the State of Jammu and Kash- mir is to become part of India or of Pakistan. The fact that both parties have agreed to an impartial plebiscite through which the inhabitants may express freely their real wishes constitutes an invaluable basis which it bèhooves us to use, so that the action of the mediator and of the two parties concerned may lead a final solution of the dispute. The draft resolution gives a general outline of the terms of reference of the person who is to represent the Security Council endeavouring to bring the parties together, so that the desired settlement might be achieved, a just and fair settlement which could be of a permanent character. l shall not attempt at the present stage to analyse the proposal. I merely wish to state that in the view the delegation of Ecuador the proposaI is comprehen- sive and. effective, offering the parties concerned sensible basis upon which to settle their dispute. In deciding to acèept the draft resolution, we ,have taken into consideration··a·recommendafion whicli' we ,féel to 'De of thè titfilost impi)rtanèe, in'the Commis~ion's report. When a commission, which has worked with The Security Council should appoint a person who would strive towards conciliation and mediation and who would take advanta.ge of every opportunity and of aU suggestions which l!1Jght lead the two parties to a solution of their dispute. I believe that a person who would enjoy the confidence of both parties would do much to bring about the solution which we all desire. 1do not wish, I repeat, to enter into a detailed analysis of the proposal. It may prove necessary·to make sorne slight changes for the purpose of clarification, but they would be of minor importance. prendre de quelques de ils The delegation of Ecuador supports the proposaI submitted by the four States and feels certain that, with the firm desire and the good will of both parties to accept it and to implement it, it should be relatively 'easy to find a solution which would bring peace to millions of people and prove to the world that it is possible to arrive at solutions, provided there is a desire to do so and that the peaceful methods provided in the Charter are used. présentée que disposées en une solution qui mes et qui montrera dre que Charte, parvenir encore

Speaking as the representative of CUBA, I wish to make a few observations and to explain the reasons which have led my delegation to reach certain conclusions, after a detailed and impartial study of the India-Pakistan question, with respect to the State of Jammu and Kashmir. For the sake of brevity l shall not refer to the historical background of the problem. I shall deal mere1y with the measures adopted by the Security Council and the United Nations Commission for India and Pakistan as a basis for a peaceful solution 'of the problem. Leaving aside the Security Council resolutions of 17 [S/651] anG 20 [Sj654] January and 21 April [S/726] 1948, let us consider the resolutions of 13 August 1948 [S/1100, paragraph 75] and 5 January 1949 [Sjll96, paragraph 15] of the United Nations Commission for India and Pakistan, which form the basis of the agreements reached hy the two parties cons: That provision gave rise to the greatest difficulties. Thé parties concerned were unable to agree on the application of a plan of demilitarization. The result was that ,what might have been considered a mere question of detail, had there been agreement in principle, has become a fundamental question for which no solution has as yet been found. In :view of the situation, the Security Council decided in December 1949 [457th meeting] to request General McNaughton, who was its President at the time, to enter into infonnal conversations with the representatives of' both parties for the purpose of determining whether a mutually satisfactory basis might be found for the solution of the difficulties which had arisen. It is a matter of the utmostregret to the 'delegation of Cuba that .the proposals submitted by General McNaughton, set forth in document S/1453, have not been accepted by either of the two parties in so far as the demilitarization plan is concerned. Fully aware of its duties and responsibilities as a member of the Security Council, the delegation of Cuba considers that in its broad lines the proposaIs submitted by General McNaughton constitute an ample, reasonable and practical basis for the solution of the difficulties towhich· 1 have referred. It further believes that the proposals shouldcommend themselves to the members of the Security Council and to world public opinion, in view of their equitable and just character. The delegation of Cuba wishes once again to express its admira:' tion and gratitude to the author of those proposaIs, General MoNaughton, tor thevaluable contribution he haS made tri the solution of theprobletn. . In the opinion of my delegation, the proposais have also a practical aspect which should be borne in mind; in ,that thèytake into, account the substan.tive part of méthode qui aurait lieu à de ment comme fondamentaux, déjà Nations "(d) To avoid unprofitable discussion of disputed issues of the past. and to look forward into the future towards' the good-neighbourly and constructive co-operation of the two great nations." litigieuses d'assurer les la posés McNaughton élaborer démilitarisation With respect to. the problem of denli1itarization, the Cuban delegation believes that the principles set forth in paragraph 2 of the proposaIs submitted by General McNaughton could serve as a basis for the establishment of a. plan to bring about demilitarization as soon as possible. Associating itself with those proposals, the Cuban delegation has offered its modest collaboration in the draft resolution now before the Couneil. which is based on the principles referred to. Generally speaking, our a apporté tion a de notre l'Organisation des ment procédures la différend, du même objective et plus impartiale. la dire également possède le droit indiscutable de sort. que tion paix peuples pays tions, légitimes l'autre peut du différend doivent prendre le pas la 1 position in the matter is the same as that of the United Nations. It is our earnest desire that a solution should be reached in accordance with the provisions of the Charter. We do not espouse the cause of either of the two States which are parties to the dispute; we have equal respect, consideration and sympathy for both. Our attitude could not be more objective or impartial. We support the cause of the United Nations. in other words the cause bf peace and justice; we also support the cause of the people of Kashmir. whose right freely . to express their will with regard to their future is unassailable. We must bear in mind. however, that so long as this dispute remains unsolved and the present situation between India and Pakistan continues. international peace is endangered. the progress of both peoples is retarded, and their fate is perhaps in danger. We wonder, therefore. whether the reasons. valid as they may be, which either of the two States may have. or the rights which they may claim to any specifie disputed territory, should outweigh the advantage. or rather the necessity, for ~oth States to establish good neighbourly relations, to tmprove their commercial relations, and above aIl' to march hand in hand, thus contributing to the progress We do not doubt, therefore, that both India and Pakistan will reconside" the problems in the light whatever new action h Security Council may take, and that they will succeed in c10sing a past of struggle and anxiety, and settling a present fraught with danger, so as to open the", 1Y to a future of peace and prosperity for their peoples. The de1egation of Cuba considers that the draft resolution submitted Jointly by Norway, the United Kingdom, the United, States and Cuba offers to both pa.-ties new opportunities to achieve a j ust, equitable and final solution of their difficulties and gives ground for hope that a free and impartial plebiscite may soon be held in the State of Jammu and Kashmir, through which its people may determine their future by democratic methods. Speaking now as PRESIDENT, 1 should like to say that, if no one e1se wishes to speak, 1 propose that consideration of this item shall be postponed to a later meeting of the" Security Couneil, to he called by the next President. Sir Terence SHaNE (United Kingdom): I imagine that sorne of us may perhaps have hoped that the four days which have elapsed since the joint draft resolution n(\w before the Council was presented might have sufficed to enable the representatives of the two parties mainly concerned ta give the Council the views of their Governments today. On the other hand, 1 am sure we can all appreciate that a further brief period of delay may be required in a matter of such importance. At the same time 1 feel bound to recall ta th{; Council the emphasis which many of its members, inc1uding the representative of the United Kingdom, who then occupied this chair, have placed on the importance of avoiding any undue delay in this matter. Sorne of us cannot but feel concerned at reports which we read in the Press aImast every day regarding various questions at issue between India and Pakistan, apart from the question of Kashmir. .The Security Council has, as we all know, a grave 'responsibility in th\3 q!les~ion' of Kashmir, and we are surely entitled to hope that anything we may be able to do to conduce to a rapid settlement of it will help in other ways. as well. 1 trust, therefore, that 1 shall not be regarded as pressing matters unduly if 1 express the hope 'that within a few more days we s',laIl he fully apprised of theviews of both parties on the joint draft resolution, and that wc:: may then he enabled to take things a stage.further in,the Council. 1 would thereforesugges'L-and1 beF,.ve that fn doing so 1: artl ~lso sp~aking for the repr<::sentatiye of the United States~thatwemightagree':to meet again not l'anglais): Conseil sont pourra juge Mr. GRoss(United States of America): May l suggest that we might adjourn the meeting, if the Council is willing, until Tuesday, 7 March, suhject, however, to caU by the President before then if that seems appropriate to the President.

That has been my understanding so far. là duit qu'il procédure une cependant dit caractère ment et compte d'urgence délicat extrêmement aussi Sir Mohammad ZAFRULLA KHAN (Pakistan): One appreciates of course that the procedure of the Council, and particularly the fixing of its meetings, is entire1y the business of the Council itse1f, but one may he permitted to endorse all that has been said hy the rçpresentative of the United Kingdom in regard to the urgency of the matter, and also what was said by the President and the representative of the United States. We must consider the delicacy of the stage at which this matter has arrived, and its urgency, and we are extremely anxious that it should proceed with as much despatch as possible. d'objection, Conseil de Unis.

There being no objection, it is agreed that the Council will meet again next Tuesday, 7 March, subject to the conditions stated by the United States representative. If there is no objection, we shaH proceed to the next item on our agenda. rons du Sir Mohamntad Zafrulla Khan) representative of Pakistan) and thé members of the United Na.tions Com- mission for India a.nd Pakistan withdrew. 4. 4. Report concerning proposed amendments to the provisional rules of procedure of the Security Council On the invitation of the President) Mr. F. V. Garcia Amador) Chairman of the CO'mmittee of Experts of the Secttrity Cauncil) took his place at the Security Council table. . Mr. GARciA AMADOR (Chairman, Committee of Ex- perts of the Securij:y Council) (translated from Span- ish) : As Chairman and Rapporteur ot.the Committee of Experts of the Security. Council, l have the honor to submitthe report [S/1457 and S/1457/Corr.1] relating du qualité sécurité, concernant les With regard to proposed rule 17 A, the Committee discussed various aspects of the question. I am glad to say that the Committee felt that the initiative of the representative of India arOSe from praiseworthy concern for the high interests of the United Nations and agreed that sorne uniform procedure should be established which could be adopted by all the organs of the United Nations, in order to avoid the taldng of separate decisions. It was the opinion of the majority of the Committee, however, that the nature of the question was sucb that it was appropriate for the General Assembly to consider it and to obtain uniformity and co-ordination in procedure with regard to represen- tation and credentials. 1 should like to add that in the course of its delibera- tio~s the Committee based itself on the· assumption that the right of the Security Council to consider any ques- ,tion relating to the representation or the credentials of one of its members was indisputable. In view of those considerations, the Committee con- sidered that the Security Council should not, for the moment, take any decision on the proposed amendment to rule 17 of the provisional rules of procedure of the Security Couneil. Sir Benegal N. RAu (India) : As stated in the report which has just been read, 1 suggested two amendments to the provisional rules of this Council on the subject of representation and credentials. One was a proposed amendment to rule 13, and the other was the proposed insertion of a new rule, as ruie 17 A, after ruIe 17. The first of these proposed amendments was quite simple. It proposed the insertion of a provision to the effect that "the credentials of a representative shaH be issued either by the Head of the State or the Govern- ment concerned or by its Minister for Foreign Affairs". There is no provision in the existing rules as to who is to issue credentials. A provision of the kind suggested is therefore necessary. The Committee of Experts has said that there is no objection to the proposal and that the proposed amendment should be incorporated in rule 13. The Committee has left it to the Security Council to decide whether to adopt it imrnediately or at a later date. Since the provision is obviously necessary, 1 suggest that we should adopt it immediately. As to the other proposed amendment, the Committee of Experts has, by a majority, recommended that the Le concerne que cet article, sans attendre une du cette sur

The representative of 1ndia has suggested that the Council should adopt his proposed amendment to rule 13 forthwith, instead of postponing it to a later date when there will he a general revision of the provisional rules of procedure. 1 shall therefore calI for a vote on the proposed amendment to that rule. M. glais) anglais. gouvernement" mot le se or Mr. GROSS (United States of America) : 1 think there is a difference between the French and English texts. The French text contains the words ClOU du gOtwernemellt" whereas the English text contains the word "or" without the word "of" [S/1457/Corr. 1]. In arder ta make the French and English texts correspond, 1 think the English text should read "either by the Head of the State or of the-Government concerned". Le tiendra correspondance

The neccessary correction will be made 50 as to'bring the two lexts into conformity. sentant ment règlement Does anyone wish to speak on the proposaI of the Indian representative that the amendment to rule 13 should be inc1uded in the rules of procedure of the Security Council forthwith? concerne le le d'experts,

With regard to the second part of the proposaI concerning rule 17 A, 1 suggest that the Council should approve the conclusions reached by the Committee of Experts. comme approuvé. If there are no objections, 1 shall consider my suggestion and the report of the Committee of Experts on that point adopted. l'anglais) exprimer Conseil Président délégation nente conditions souvent difficiles et délicates. Mr. GROSS ('United States of America) : May 1 take this opportunity to express to the representative of Cuba, who is presiding at this meeting for the last time before the next President assumes this responsibility, the con- gratulations of my delegation and our thanks for the extreme1y able way in which the functions of the Presi- dency have been performed during sorne rather difficult and trying times. sincèrement paroles dont

1 wish to thank the representative of the United States for his very kind words regarding my service as President.