S/PV.538 Security Council

There are no more speakers on my list. If none of the other representatives wishes to speak for the moment, I should like to make a few remarks in my capacity as representative of the NETHERLANDS. 50. Some of the things I am going to say have been mentioned before by other speakers. That is hardly surprising, taking into consideration that we have been debating this problem for more than three years. Most of what could be said has been said. Yet, some things, l think, should be repeated since they contain components of what may become agreement. 51. The draft resolution in its revised form, jointly presented by the United Kingdom and the United States, needs and deserves the most careful study, since it represents a new and, we think, fair effort to find an equitable and peaceful solution for a problem which, if left unsolved, might seriously further endanger peaee and stability in a vital part of our already sadly harassed world. The Security Council, having due regard to its primary responsibility for the maintenance of international peace and security must endeavour to prevent that danger. Too much time has already passed since the question which still awaits its conclusive solution was plaeed before the Council. We must therefore earnestly hope that this time a speedy settlement will he reached and we must, in our opinion, examine the now suggested ways and means in the light of that nee~ and, of course, of faimes!> and justice to the parties, but above aIl to the people of Jammu and Kashmir themselves. 52. I need not dwell extensively on the history of ~he .case nor on the various stages through which this bntncat~ problem has passed sinee 1948. There has een dlsagreement between the parties directly con- ~~~nld.on many of the points at issue. But as the draft b 0 utlOn now before us points out there has also e~n .suhstantial agreement on some ~ery fundamental f~nclples.. We know what these principles are: that 'th accessIon of the State of Jammu and Kashmir el er to India or to Pakistan shall be decided through 53. With the assistance of the United Nations, certain very important achievements have already been factually attained. l refer to the effective cease-fire arrangement which has withstood all tensions during more than two years. The Governments of the two countries deserve great credit for having been able, often under great stress, to achieve the continuance of this agreement without which any further development of a just and peaceful solution would be fatally jeopardized. 54. Futhermore there has been acceptance by both parties of the principles to which l have jp.st referred. The revised draft resolution submitted by the United Kingdom and the United States rightly, in our opinion, starts out by again laying stress on that point. We are then, we may earnestly hope, in the presence of a common and uncontested desire that the future of the territory and the population which are involved in the dispute should be decided through the free exercise of the right of self-determination by the people most directly concerned. The Netherlands Government has always considered the principle of self-determination as being of primary importance for human happiness and the peace of the world. It continues to believe in that principle, now that the Council is again confronted with the Jammu and Kashmir case. 55. My country has in the recent past based its own policy in matters vital to our fundamental national interests upon this same important principle, even though it required from us far-reaching sacrifices, and it i5 this basic conception of freedom and self-determination of peoples which will continue to guide my Government also in matters where we have no other interest than the sincere wish to contribute to the wellbeing of the world, and in this particular case, to the weU-being of friendly States with which we maintain cordial and mutually beneficial relations. 56. If the joint draft resolution points to an essential aspect of the right of self-determination, it reaffirms in doing so, the fundamental freedoms of which the Cha;ter of the United Nations constantly reminds us, and for which we have aU assumed a great moral responsibility. 57. The basic agreement between the parties and the organs of the United Nations, that is to say the resolutions of the United Nations Commission for India and ~akistan of 13 Au~ust 1948 and 5 January 1949, constItute a very defimte framework which, however, must now be definitely filled in. The resolutions contain principles which have been accepted by both parties. ln accepting them both parties stand committed to their implementation and application. The cease-fire was applied ~nd implemented. The next step should be the formulatIon of a truce agreement. For this also the 58. On the basis of the foregoing principles the truce agreement should be formulated. Once that is done, aceepted and impleme,?ted, th~. pl~bis~ite can t.hen ~e organized and held. 1. he demlhtanzatlOn contamed ll1 the truce agreement will in itself constitute one of the most important prerequisites for the freedom and fairness of the plebiscite itself. But we cannot proceed without the truce agreement. That must be brought about and formulated first of ail. So far this has failed to materialize, and this failure constitutes one of the major stumbling blocks in the path towards a solution. The draft resolution now before us, rightly we think, has placed the task of removing this stumbling block in the hands of a new United Nations representative to be appointed. If he should fail on account of disagreement between the parties in regard to the interpretation and execution of the principles to which India and Pakistan stand committed then, according to the draft resolution, the points at issue should be submitted to arbitration, which the parties are now called upon to accept in operative paragraph 6. In that way the truce agreement could and should finally be effected, that is to say, the demilitarization, which is indispensable to the free exercise of the right of self-determination of and by the people of the State of Jammu and Kashmir. 59. From ail this it is clear that the truce agreement, in other words, the implementation and application of the pr.inciples which have already been accepted, is an essentlal element of the problem with which we are dealing. 60. The draft resolution now before us endeavours once again to break the deadlock, first by giving wider powers to the United Nations representative, and s~cond by formally introducing the element of arbitratlOn, now that it has become evident that other peaceful means have been unable to produce adequate results. 61. Surely it would have been far preferable for the two parties to have reached an agreement between themselve~. However, we cannot but recognize the les~on whlch. three years .of experience have taught us. ThIS lesson IS. tha~ a basIc difference of approach preve~ts t~e partles, If left to themselves, from composing thelr vlews. 62. Indeed, there have been serious difficulties which prov~d .to be allnost impossible to overcome. There are ~nfhctmg conceptions in regard to the justification of d.e presence of the armed forces of the parties in Kspute. on the territory of the State of Jammu and ashmlr. There are objections .to suggested ways and 63. The issue should, in the last analysis, be deeided by the people of the State of Jammu and Kashmir and not by the rulers heretofore placcd over them. The choice of affiliation to one nation or another is so fundamental in its nature and consequences that only the people themse1ves can and ought to make that choice. It stands to reason that· such a choice should be frcely made, untrammeled by biased pressure from interested outside parties. No prearranged political organization in part of the State concerned, set up under the auspices of authorities which have already made their choice, should interfere with this complete freedom of choice. For that reason my Government is inc1ined to agree with what was said in substance by the representatives of the United Kingdom and the United States on the subject of the Kashmir National Conference. For the same reason we approve the relevant paragraphs in the preamble of the draft resolution now before us, as weIl as operative paragraph 8. 64. l should lilec to add a few words on the matter of arbitration. In a case like the one with which we are dealing, this would seem to be the logical procedure since it concerns questions which, as the representativ~ of Brazil has sa ably explained, might well be considered as coming within the widely acknowledged justiciable sphere where arbitration would be fully justified. Two parties have agreed on certain princip1es for the solution of a problem. They stand comitted to these prineiples, ~ut they disagree on interpretation and implementahon. Also they are both Members of the United Nations. They have subscribed to the Charter which stipulates in Article 2, paragraph 3 that "an Members shaH settle their international disputes by peaceful m.eans" and which in Article 33 commits them first of aU to seek a solution by negotiation, enquiry, mediation conciliation, arbitration, judicial settlement, etc. A 'number of these means have now been tried during the last three years without success. Arbitration seems therefore to be in order, the more so since it would not determine the final solution, but only the interpretation of such already agreed principles dealing with a preliminary stage ?f. the solution as would give rise to differenees of Op1l11On and thereby block any further action. We !herefor~ would most earnestly :Urge the parties, notwtthstandll1g. what has .been said this af~ernoon by the representahve of Indla, to accept arbltration as 65. d'une de ses Le voqué ments population. partie ments à à ment longée efforts 65. For too long has action towar?s an equitable solution of the problem of the acceSSlOn of the State of Jammu and Kashmir to one or the other of its great neighbouring States of the sub-continent been blocked. This de1ay has given rise to dangerous tensions and sometimes to irresponsible, emotional campaigns. Yet in part 1, section E of the resolution of 13 August 1948 the Governments of India and Pakistan agreed "to appeal to their respective peoples to assist in creating and maintaining an atmosphere favourable to the promotion of further negotiations." Tension prolonged too far may, however, frustrate the most serious efforts of this nature. 66. tenant maintien les table droits et la revisé Uni de à le dais de d'aboutir population mettra pays, de mesure 66. The Security Council therefore must now live up to its responsibilities for the maintenance of peace and security. In devising the means which are to be conducive to a just settlement, the rights and wishes of the people of Jammu and Kashmir deserve first consideration. My Government believes that the interests of the people of Jammu and Kashmir, as wel1 as the peace between the great nations of India and Pakistan, will be well served by a procedure such as that proposed in the revised drait resolution now presented· to Ils by the United Kingdom and the United States. For those reasons the Netherlands Government has instructed me to support this draft resolution, with the fervent hope that it may succeed in giving the people of Jammu and Kashmir what they want, and that it may bridge the gap which now separates two countries, whose constructive co-operation and good neighbour policy could contribute so much to the peace of the world. The meeting rose at 5.45 p.m. SALES AGENTS FOR UNITED DEPOSITAIRES DES PUBUCATIONSDES F[NLAND - FINLANDE Akaleeminen KirJakauppa, katu, Helsinki. FRANCE Editions A. 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