S/PV.533 Security Council

Before proceeding to the busi- 'ness of the meeting, 1 should like, in accordance with a pleasant custom of this Council, to express our appre- 'ciation of the admirably efficient manner in which the representative of France, Mr. Lacoste, discharged his duties in the Chair. 1 only wish the calendar had been kinder and had allowed to Febr.ttary more than its usual span of days, because ML Lacoste would then have had li. longer tenancy in the Chair, the Council would have ;had a more efficient President than 1 can hope to be, 'and 1 myself should have been spared some embarrassiment, as 1 sha11 proceed to explain presently. Adoption of the agenda India.Paldstan question (continued) 2. Le allons tan.

We have now to resume our !discussion of the India-Pakistan question. This is a iHuestion with which Indiais directly connected, and 1

The representative of India has just now dec1ared that he does not desire ta preside over the Security Council during the consideration of this particular issue, namely the India-Paldstall question, which is now before us and with which the country he represents is directly connected. Consequently, under rule 20 of the mIes of procedure, the presidential chair now devolves, for the purpose only of the consideration of this partieular question and inasmuch as this state of affairs will continue during the month of March, on the representative of the Netherlancls, whieh at this stage is the member next in English alphabetical arder. l therefore now take the Chair, subject to the provisions of tule 20 of the mIes of procedure. 4. Coming now to the business before the Couneil and in accordance with decisions previously taken, 1 shaH ask the representative of Pakistan to take a place at the Cot1l1cil table. 5. Sir Benegal N. RAU (India): This case has heen before the Security Council sO often and so long that 1 shall not weary representatives by repeating in detail the facts or the arguments upon which India relies. They are fully set out in the two speeches which l made in this Council last year [463rd and 466th 'meetings] ; but for the information of the new members of the Couneil, l shaH mention briefly the most salient facts. 6. On 20 Oetober 1947 the State - by which l mean the State of Jammu and Kashmir - was invaded by hostile elements, in contravention of international law, as mentioned by Sir Owen Dixon in paragraph 21 of his report 1 to which l invite the attention of rep- resentatives. Those invaders consisted of tribesmen and Pakistan nationals entering the State through or from Pakistan territory. 7. On 26 October 1947, the Ruler executed an instru- ment of accession to India in order ta save the State from the invaders. The accession was supported by 8. On 27 October 1947, Lord Mountbatten, then Governor-General of India, accepted the instrument. The execution of the instrument by the Ruler, coupled with its acceptance by the Governor-General, completed the legal requirements of accession. Lord Mountbatten, however, wrote to the Ruler expressing the Govern- ment of India's wish that when law and arder had been restored and the soil of the State cleared of the invader, the question of accession should be settled by a refer- 'ence to the people. Thus India voluntarily imposed upon itself the obligation, when normal conditions were restored, to give the people the right ta decide whelher they would re111ain in India or not. 8. verneur rattachement. souverain formalités trouvaient adressé le l'accession populaire, de même fois lait 9. On 1 January 1948 India brought the present case before the Security Council complainillg that Pakistan was assisting the invader [S/1100, annex 28]. Pakistan emphatically c1enied the allegation, but as will appear presently, the complaint - and more than the complaint - has been proved ta be true. l hope this fact will be borne in mind - that in the present case India is the complainant and that the complaint has been proved ta be true, not only as originally laid but in an aggravated form. 9. sécurité fournissait annexe véhémence, ont entièrement seil l'Inde elle encore, 10. On 8 May 1948 units of the regular Pakistan for- ces moved into the territory of the State in contra- vention of international law. Again l invite the attention, of representatives to paragraph 21 of Sir Owen Dixon's report. 10. du violation les paragraphe 11. One of the grounds for this military operation was a recommendation of the Commander-in-Chief of Pakistan that an easy victory for the Indian Anuy was almost certain to arouse the anger of the invading tribesmen against Pakistan "for its failure to render them more direct assistance" [464th meeting]. Il. militaire eù victoire colère pas 12. Thus Pakistan, not content with assisting the invader, itself became an invader and its army is still occupying a large part of the soil of Kashmir, thus committing a continuing breach of international law. Pakistan has uot only occupied large areas of Kashmir in this way, but has also built up subversive local forces and authorities in those areas. 12. main-forte territoire grande national. sorte outre des 13. I should like at this stage ta try ta remove some of the misconceptions and prejudices that appear ta have gathered round this subject. The Kashmir question is not a Hindu-Moslem question as sa often repre- sented or misrepresented. It is said, "India is a Hindu State; Pakistan is a Moslem State; Kashmir is pre- clominantly Moslem and therefore belongs to Pakistan; India is trying ta retain it by force". That is how the argument is presented ta those who are far away from the facts. Let me repeat some of those facts. Even after the separation of Pakistan, India still has a MosJem POpulation of sorne 4D millions ~ the third. largest of 13. taines semblent mire Musulmans "L'Inde musulman; mire Pakistan, C'est ignorent de 14. 50 much for India. And as ta Kashmir - l am speaking of the lawful government of Kashmir - there is a cabinet of seven - the Prime Minister Sheikh Abdullah, is a Moslem and four of his collea~ues are Moslems; thus three-fourths of the cabinet is Moslem. It is this cabinet - predominantly Moslem - that is i\dl11iniste~ing. Kashmir affairs to-day. It represents an .0rgamzatlDn, namely, the Jammu and Kashmir National Conference, also predominantly Moslem which has been fighting for democracy and freedom fo; decades, and this organization desires that Kashmir should rema!n in Il?dia. For this desire, it has given cogent ~nd nTIpreSslve reasons. l am quoting from a declaratlDn made by a convention of the Jammu and Kashmir National Conference in October 1948: "During the long and glorious struggle for our freedom, our people have gained the experience that the real problem facing them is the plight of the people, irrespective of caste, creed and colour and tl~a~ .the solution to this problem does not Ùe in c1lV1dl~g t?e ~eople on ~ religious basis but by equit- able dlstnbutlOn of natlOnal wealth. Pakistan with its ba5i5 Qf th~ two"lHJ.tiQn theory and Îts insiste~cè on ~ f 15. Reference has been made in the course of Sir Owen Dixon's report and in some of the speeches in this Council to India's rejection of this or that pro- posaI, and an impression might have been created that India has becn intransigent. On analysis, this so-called intransigeance will he found to be no more than an insis- tence on plcc1ges already given ta Imlia, particularly on questions relating to the sccurity of Kai:ihmir. The United Nations Commission for India and Pakistan's resolutions of August 1948 and January lY49 lSl1100, S11196], agrceü to by all parties, contain adequate provision for a free and impartial plebiscite unc1er United Nations auspices, and the Goverlll11ent of Inc1ia cannot l11ake any f~rthcr concessions, The Governl11ent of India 111erely rel1ccts Indian public opinion. And 011 this question of Kai:ihmir, Indian public opinion cannat forget the fundamental facts, mUllely, that India volun- tarily offerecl a plebiscite under U nitec1 Nations auspi- ces; that in spite of this, Pakistan chose to invade the State and occupy nearly half of it by force in violation of international law, as Sir Owen Dixon hil11self has found; that ta allow this occupation or its fruits to continue is wrang enough; ancl that to grant Pakistan any further concessions woulc1 Ile to aggravate the wrong and therefore wonld be cOl11plctcly unjustifiable. 15. ques-uns a ce montrée que que l'Inde, tions tions et 1949 cause saires sous de Gouvernement publique l'opinion essentiels, un malgré mire territoire, l'a assez poursuive plus justifiable, cession 16. j'établis autrefois tenant près souhaitent Gouvernement cite; consenti Unies. permis et occupe dise la locales doivent elle-même doutes pareille .16. The Council may better appreciate the position If l were to cite a rough parallel. The island of Cypms, once under Turkish stlzerainty, is now British territory, lNearly 80 pel' cent of the population is Greek; it is said that they desire union with Greece. So far, the United Kingdol11 Government has not agreecl to any . plebiscite; but suppose it shonlrl be sa generous as ta agree to a plebiscite unc1er United Nations auspices. Having got this concession, suppose - if l may make sa unlikely and unfair a supposition - Greece \Vere to 1110ve an army into Cypr~ls and occupy half the island for several years and then say, "The plebiscite must be heldwith half the island under Greek local authorities; the British security forces must be removed; even the British administration must !Je supplanted", Does anyone dOllbt how the United Kingdom woulcl view such an attitude? 17. prochaine Etats-Unis projet 17. The question now before the Council concerns the next step. The United Kingdom and the United • St~tes of America have jointly sponsored a draft reso- lutlOn [S;Z017] embQdying their proposaIs as to 18. The Kashmir case has now been before the Secu- rity Council for more than three years. No solution has yet been found, because the root-cause of the trou- ble, namely, the unlawful occupation of nearly haH the State and the creation of subversive forces and author- ities therein 1)y Pakistan, has been allowed to .con- tinue. When l speak of Pakistan's unlawful occupation, 1 am expressing not only the view of my government, but also the view which the United Nations represen- tative, Sir Owen Dixon, was prepared to adopt. Let me quote his own words: "Withol1t going into the causes or reasons why it happened, which presumably formecl part of the history of the sub-continent, l was prepared to adopt the view that when the frontier of the State of Jammu and Kashmir was crossed on, l believe, 20 October 1947, by hostile e1ements, it was contrary to international law, and that when in May 1948, as l believe, units of the regular Pakistan forces movecl into the territory of the State, that too was incon- sistent with international law" [S/1791, para. 21]. Sa long as the root-cause of the trouble continues, there can be no solution to the problem. Meanwhile, the Government of this State has to be carried on in accor- dance with law, if there is to be no anarchy or chaos. 19. The present legal position is that Kashmir ~ by which l mean the State of Jammu and Kashmir - is a unit of the Indian Federation, subject to fecleral .iurisdiction in respect of the broad categories of de- fence, external affairs and communications, but COIU- pletely autonomous in almost aU other matters. In the autonomous sphere, the State is entitled to frame its own constitution and for this purpose, to convene a constituent assembly of its own people. The main pur- pose of the constituent assembly would be to provide a proper elected legislature for the State to which the executive couId be made responsible as in the British parliamentary system of government. 50 far as the Government of India is concerned, the constituent assembly is not intended ta prejudice the issues before the Security Council, or to come in its way. 20. Pending the framing of a new constitution for the State by its own constituent assembly, the government is necessarily carried on under the existing Consti- tution as a provisional arrangement. The Yuvaraj is the constitutional head of the State, acting upon the advice of a Council of Ministers. As already mentioned, the Prime Minister is Sheikh Abdullah, a Moslem, and there are six other Ministers, of whom four are Mos- lems and two Hindus. There is a High Court for the State, consisting of a Chief Ju~tjçe and two other î ! 21. je mire l'incertitude et trois formes l'abolition propriétaires peut taires ont ceux gouvernement teur ainsi l'état le meilleures d'élever la lation et formes dans 21. The provisional or interim government mentioned above has been functioning in Kashmir from the begin- ning of March 1948. During those three years, it has done a good deal of useful work notwithstanding the unsettled conditions created by the tribal and Pakistan invasions. One of its most important reforms has been the abolition of absentee landlordism. Briefly, landlords owning more than about twenty acres of agricultp.ral land have to surrender the excess ta the actual tiller of the soil in return for compensation to be paid to the landlord by the government. The tiller becomes the full owner of the land transferred to him. The result of this reform has been radically to change the out- look of the peasant, to increase substantially his income from the land, and to encourage him to adopt improved methods of cultivation, thereby raising his standard of living. It shoulcl be noted that the peasantry forms 97 pel' cent of the population. The reform is being effected gradually and without any violent transition. It is in line with similar reforms now in progress in India. 22. de des rendre acres estime-t-on, duction 22. Moreover, in the two years 1948 to 1950, nearly 30,000 acres of waste land were allotted to landless peasants. Efforts are in progress to make available a further area of about 20,000 acres in the Kashmir Valley. As a result of these measures, an increase of about 10,000 tons in the annual production of food grains in the State is anticipated. 23. canaux canaux nombreuses cultivées. 23. An Irrigation Department has been set up, and several old and new canals have been either restored or constructed, much new land thereby being brought under c.Jlltivation. 24. 1948 tionne rieures à évoluées; ouvert maternelles, système localités. 24. In the educational sphere, the Jammu and Kash- mir University wasestablished in 1948 and has been functioning successfuly ever since. Two new colleges have been opened in the interior of the State to serve rural and backward areas, and a special college for girls has been started in Srinagar, which is the summer capital of the State. Infant schools, based on an Indian- ized form of the Montessori system, have been reor- ganized at sixty different places. 25. tion, à-dire roupies, Gouvernement 25. Pour les secours aux réfugiés et leur réadapta- already been spent by the State, in addition to 42 lakhs of rupees - about $800,000 - given by the Government of India, on the relief and rehabilitation of refugees.2 27. A large State Transport Department. has been created, owning a Reet of about 500 vehlc~es, thus removing the danger of shortage of .essenttal com- modities which Jack of transport at one tuue threatened. 28. Considerable progress has been made in pro- moting ppblic heal~h, indu.st~ies, co-operatives, rationing through co-operatlve soclettes, and sa on. 29. I have thought it desirable ta give this picture of general conditions based on one of the latest reports of the Kashmir Government in order to show that, in spite of the difficulties created by the tribal and Pakistan invasions, the present régime in Kashmir has been functioning with credit during the last three years. My intention also is to emphasize the human aspect of the problem. The people of Kashmir are not mere chattels ta be disposedof according to a rigid formula; their future must be decided in their own interests and in accordance with their own desires. The population of the State is gradually settling down ta sorne measure of peace and order. Any neutral visitor to Kashmir - and there are many such during the tourist season - can satisfy himself as to the facts of the situation. 30. Let met now turn to Sir Owen Dixon's recom- mendations in the final paragraphs of his report: "The whole question has now been thoroughly discussed by the parties with the Security Council, the commission and myself, and the possible methods ?f settlement have been exhaustively investigated. It IS perhaps best that the initiative should now pass back to the parties. At all events I am not myself pre- pared to recommend any further course of action on the part of the Security Council for the purpose of assisting the parties ta settle between them how the State of Jammu and Kashmir is to he disposed of. .. I recom!?end that the Security Council should press the parttes to \educe the military strength holding the cease-fire lme to the normal protection of a peace-time frontier" [5/1791, paras. 104 and 107]. 31. In connexion with the last recommenclation I may mention that India has already reduced its fo;ces by 2~ to 25 peT cent, wit~ol\t waiting for any corres- ponclIng reductlOn by Pakistan. May I point out that u.ncler the resolutions of the United Nations Commis- sIOn for India and Pakistan adopted in August 1948 and ] an~ary 1949, 'Yhich b?th parties accepted, it was for Pakistan to begm .to wlthd~aw its army first and only thereafter was Indla ta begm to reduce its own forces. Nevertheless, as l have saidj India has begun the pro. 32. When, as l have tried to show, the State is gradu- ally settling down to some kind of ordered Iife, the Security Council might do worse than to follow Sir Owen Dixon's advice and let the initiative now pass back to the parties. vVithin the last few days, the Governments of India and Pakistan have signed a trade agreement in spite of great difficulties; left to them- selves, they may be expected in due course to come ta agreement in other matters also. The representative of the United States has in his speech [532ncl meeting) emphasized his Government's firm belief that "there can be no real. and lasting settlement of the Kashmir dispute which is not acceptable ta bath parties". In this connexion, members of the Security Council will be interested in a Press report dated 20 February from Karachi, to the effect that Sirdar Ibrahim Khan, former head of the so-called Azad Kashmir Government, has expressed the view that all Indo-Pakistan disputes, inc1uding Kashmir, cO,uld be settled by India and Pakis- tan between themselves by mutual discussion. 33. Nevertheless, departing from these recommenda- tians of Sir Owen Dixon, the United Kingdom and United States of America have placed before us the cIraft resolution contained in document S/2017, dated 21 February 1951. Tt is not necessary for me to deal with that draft resolution in any great detai!. The preamble refers to a proposai to convene a constituent assembly for Kashmir. l have already explained the purpose of the constituent assembly - name1y, to frame a constitution for Kashmir and, in particular, to pro- vide an elected legislature to which the executive copld be made responsible. It is not meant to come in the way of the Security Council. 34. For the rest, my governement is wholly unable to accept the draft resolution, ,because in many respects it runs counter to decisions previously taken by the United Nations Commission with tbe agreement of the parties. Let me mention one instance. l have already given the Security Council a brief aceount of the situation created by the invasion of the State, first by tribesmen and tben by Pakistan. In spite of that situation and in the hope of securing a peaceful settle- ment, India agreed, upon certain assurances, to two resolutions of the Commission - one of August 1948 and the other of January 1949. Pakistan also agreed ta them ultimately. l shall now show how the present ciraft resolution departs materially from the provisions of those resolutions, 35. Under the resolution of August 1948, Pakistan "Vas to withdraw its troops completely from the State and India was to withdraw the bulk of its forces- l:1ot aU its forces, but the bull< of its forc'es - a small Portion being left in the State ta ensure its security. To :emove any suspicion that even this small portion might Jnterfere with the freedom of the plebiscite, the 36. India was and is l)repared to take, in cons'i.1ltation with the Plebiscite Administrator, a11 measures that l11ay be necessary ta prevent the presence of any snch forces from interfering with the freedom of the plebis- cite. This could be done in a number of ways - for example, stationing the forces in localities outside centres of civilian population and confining them ta barracks during the plebiscite. 37. Thus, these two resolutions made prOVISIon not merely for the withdrawal or reduction of armed forces but also for the freedom of the plebiscite consistently with the requirements of security. Members of the Conneil will please remember that these resolutions were agreed to by a11 the parties. Nevertheless Sir Owen Dixon was somehow lec1 ta make proposaIs for c1emilitarization which seriously departed from the above agreed scheme. At one point, he asked for the withdrawal of the forces of the regular 1ndian Army, although the above resolutions never contemplated its complete withdrawal. At another point, he suggested various purposes for which Pakistan troops might be retained in the State, although the above resolntions c1early provided for their complete withdrawal. One of these purposes l'las said ta be ta ensure the fulfil- ment of the obligation of Pakistan not ta permit tribes- men or other raiders ta enter the Kashmir Valley. Considering that the Pakistan Army moved into the State in arder to give "more direct assistance" ta the tribesmen, members of the Council can easily imagine how the a11eged purpose was likely ta be fulfi11ed. 38. l may perhaps point out at this stage that the obligation of Pakistan under the resolution of August 1948 l'las ta secure the withdrawal of tribesmen from the entire State, and not merely ta prevent their entrv into the Kashmir Valley. The draft resolution before the Security Canneil instri1cts the new United Nations represcntative to effect demilitarization on the basis of Sir Owen Dixon's proposais with such modifications as the new representative may deem advisable. As l have already pointed out, these proposaIs go back on the agreed resolutions of August 1948 and January 1949 - ~he changes being a11 in favour of the Pakistan Army whlch had entered the State in contravention of inter- national law and against the 1ndian Army which had lawfu11y entered the State ta repel invasion. My Goverl11~ent is wh~l1y unable ta accept these proposaIs as. a basls, nor can It agree to vest a new representative wlth the power of decision in so vital a matte". 39. l sha11 not discuss the details of thè new draft resolution any fw·ther. It picks out certain parts of previous resolutions, leaving out other parts to which 40. We are wholly unable ta accept any entry of foreign troops in the State or in uny ather part of India. In view of the provision made by the resolu- tians of August 1948 and Janllary 1949, there is no occasion for the use of foreign troops or of special local levies recruited by uny outside agency. Nor, in view of the detailed provisions contained in the resolution of Janllary 1949 to ensure a fair and impartial plebiscite, eun we accept any supersession of the lawfJ.t\ govern- ment of the State or any interference with its normal functions. 41. Let me read out some of the detailed provIsIOns contained in the resolution of January 1949: "The Plebiscite Administrator shall derive from the State of J ammll and Kashmir the powers he con- siders necessary for organizing and conducting the plebiscite and for ensuring the freedom and impar- tiality of the plebiscite. " ... the Plebiscite Administrator will determine, in consultation with the Government of India, the final disposai of Indian and State armed forces, such disposaI to be with due regard to the security of the State and the freed0111 of the plebiscite. "AIl dvil and military authorities within the State and the principal political elements of the State will be required to co-operate with the Plebiscite Admin- istrator in the preparation for and the holding of the plebiscite. "AlI authorities within the State of Jammu and Kashmir will undertake to ensure, in collaboration with the Plebiscite Administrator, that: "(a) There is no threat, cœrcion or intimidation, bribery or other undue influence on the voters in the plebiscite; ':(b) No. ~estrictions are placed on legitimate pohtlcal actlvlty throughout the State. Al1 subjects of the State, regardless of creed, caste or party, shaH be .sare and free it~ expressing their views and in votmg on the questIOn of the accession of the State to India or Pakistan. There shalI be freedom of the !?ress, speech and assembly and freedo111 of trave! ln ,the State, induding freedom of lawful entry and exlt; "(c) AH political prisoners are released; These are sorne of the detailed provisions contained in the resolution of January 1949, provisions which were accepted by both parties. 42. It was c1early stated on behalf of the United Nations Commission that the Plebiscite Administrator cauld he expected to act reasonably and that the Com- mission did not intend that he should usurp the func- tions of the State in the field of normal administration and of law and order. The sovereignty of the entire State must necessarily vest in the lawful government of the State and because of this, it was stipulated that the Plebiscite Administrator should be formally appointed by the State Government. AlI this was recog- nized by the United Nations Commission. 43. There ls a tendency in certain quarters to assume that this is just a dispute betwecn India and Pakistan, and t11at the views of the lawf.ul government of Kashmir need not be considered. This is a mistaken assumption. As l have already said, the, authority of the Govern- ment of India over the Government of Kashmir is lim- ited to certain subjects; outside that sphere, it can only advise and cannat impose any decision. 44. While the drait resolution before us refers to the proposaI for the convening of a Constituent Assembly, it malces no mention of the persistent and ever-mounting propaganda in Pakistan threatening war and urging a jehad, or holy war. Both India and Pakistan are mildly exhorted in the draft resolution ta take all possi- ble measures to ensure the creation and maintenance of an atmosphere favourable to the promotion of fu~ther negotiations. Snrely the sponsors of the draft reso- lution will agree that the constant incitement ta war based on an appeal to bigotry and religious passion is bound to vitiate the atmosphere for negotiation. 45. While my government ·stands by aIl its commit- ments, it insists that all the commitments made to India contained in the resolutions of the United Nations C0111mission for India and Pakistan and the connected assi-trances must a1so be honoured. The present draft resolLltion unsettles what has already been settled, and, if passed, would amount to a repudiation by the Secnrity Council of the United Nations Commission's decisions previously made with the agreement of the parties, and of the Commission's assurances given ta India. 46. This is ail l have to sayat the present stage, but l sha11, of course, reserve the right to speak again in case any fresh points arise. 4-7. The PRESIDENT: l have no more speakers on my 1i51. As nobody else wishes to speak, l would suggest that the Council adjourn until Tuesday, 6 March, since there are two Committees meeting tomorrow and Monday, and sorne of the representatives present here may have to participate at those meetings. 48. As there is no objection, l take it that the Council approves the adjournment until 6 March at 3 p.m. SALES AGENTS FOR UNI'fED DEPOSITAIRES DES PUBLICATIONS ARGENTINA - ARGENTINE Edltorlnl Sudnmerkana S.A., Calle Alsin.500, Buenos Aires. AUSTRALIA - AUSTRALIE H. A. Goddard (Pty.', L1d., 255a George Street, Sydney, N.S.W. BELGIUM - BELGIQUE Agence et Messagerl.s de la PreSle SA, 14·22 rue du Persil, Bruxelles. W. H. Smith & Son 71·75 Boulevard Adolphe.Max, BruKelles. BOLIVIA - BOLIVIE Llbror/a Clentifica y lIterarla, Avenlda 16 de Julio U6, Casilla 972, La Paz BRAZIL - BRESIL lIyraria Agir, Rua Mexico 98.B, Calxa· Postal 3291, Rio de Janeiro. CANADA-CANADA. The Ryerson Press, 299 Queen Street West, Toronto. CEYLON - CEYLAN . 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