S/PV.540 Security Council

The Council will recall how, at the beginning of our 533rd meeting on 1 March last, the President then assutning office, my distinguished colleague Sir Benegal N. Rau, deemed that he should not preside over the Council during the consideration of the India-Pakistan question. In accordance with rule 20 of the rtlles of procedure, he therefore requested the next member in English alphabetical arder, namely, the Net~erlands, to take the Chair for the purpose of the.cons1deration of this question. Since the Council, dunng the month of March had no other business before it ~ut the India-Pakistan question, it has thus been ~epnv~d of the great skill and experience which the d1stmgmshed and learnecl representative of India ",:ould u!ldou):>teclly have brought to the execution of lus pres1denbal task. It has fallen to me ta preside over the seven meetings which we have devoted during the m~nth of March to the problem. before us,' but it was S1r Benegal Rau who continued to bear all the other responsibilities of the Presidency. l am certain the members of the Council will agree with me if l tender to him, on behalf of aU of us the expression of our esteem and gratitude on that a'ccount, as well as membres notre éminent mer diriger question formément représentant Conseil la le le ce l'Incle fonctions l'honneur a mars, toutes suis se tous, 2. As for myself, it is now my dutY and privilege ta assume the Presidellcy of the Council dl1ring the month of April in my country's own right. l can ouly hope that the Council, in bearing with me for allother month, will give me the same co-operation which l was fortunate enough to enjoy during the 1110nth which has jl1st ended. Adoption of the agenda India.Paldstan question (continued) At the invitati011. of the President, Sir MOha11111tad :?afntlla Khan, representative of Pakistan, tooll a place àtthe Security C01tneil table.

At the end of onr preceding [539th] meeting, after the vote had been taken on the draft reso1ution contained in document S/2017/Rev.l, l informed the Council that the representative of Pakistan had requested an opportunity to make a statement. We then decided to give him the opportunity to do so at this morning's meeting. In answer to a remark by the representative of the United Kingdom, l decla.red at the time that l could see no objection to affording to any other represeIitative the opportullity to expla.in his vote if he so desired. No objections were raised in the Council to that procedure, and l therefore now caH upon the representative of Pakistan to make his statement. 4. In so doing l might observe that the discussion con'cerning the resolutioll which was adopted last Friday is closedand that questions which were raised dming the debate thereoll cannat now be reopened. On the other hand, l consider it in order that the representative of Pakistan - who, under rule 37 of our rules of procepme, has been invited to participate without vote in the discussion of the lndia-Pakistan question, in which the illterests of his country are affected - should he given an opportl1nity now to ,state the attitude of his Government . towarcls the resolution which has been adopted and concerning which the debate proper is closed.

l am deeply grateful to the President and to the Couneil for affording me this opportunity to place before the COl1ncil the views and reactions of the Government of Pakistan with regard ta the resolutioll that was adopted during the last meeting of the Cot111cil. The Government of Pakistan is deeply appreciative of the efforts of the Security Council towards resolving the deadlock which is blocking progress in the solution of the dispute over the accession of the State of Jammu and Kashmir to India or to Pakistan. It notes with satisfaction the clear enunciation of the points at issue and the principles involved in the addresses of the sponsors of the resolution, of the President and of the other members of the Security Council. It particu1arly notes the emphasis tbat has been quite rightly and fairly laid, in the \Yards of paragraph 1 of the resolution of the United 6. It has been recogllized that the plebiscite cannot be held in the presence of troops of interested parties without effective United Nations control over the authorities interested in the result thereof. As emphasized by the President [538th meeti1tg], this agreement between the Gove'rnments of Pakistan and India establishes the right of the complete and free selfdeterrilination of the people of Kashmir and also the authority of the Security Council to see that this right is fully safeguarded and free1y effectuated. 7. We have arrived at a certain stage in the resolving of this dispute. Let us' hope that the effort that the Security Council has made, which has culminated in the resolution that was adopted on 30 March, will ultimately eventuate in the people of Kashmir determining the future of Kashmir on the basis of a free and impartial plebiscite. 8. As has been freely recognized'and emphasized, the duty of the Security Council, as the principal organ of the United Nations charged with the maintenance of international peace and the resolving of disputes through peaceful methods, is to see that whatever obstruction may arise in the course of the implementation of this international agreement between the parties is resolved through appropriate means. 9. ' Before the vote was taken on the resolution, the representative of India, in his address raised certain points.. I have no desire to enter int~ a controversy regardmg them as this is not the appropriate staE;e for that purpose. For the record, however, l shall first state broadly that the Government of Pakistan, as is well kno~n, does not accept the validity of any one of those p011lts or objections that were raised. l shall advert very briefly to the principal points sought to be made by the representative of India merely for the purpose of indicating on the record where, among other p!aces,they were found tohave been dealt with prevlOusly by us and on our behalf, so that if the record is 1 , subseque~tly r:ad and any member of the Council or anybody else 11lterested in the question seeks to find where those points have already been adverted to the reference will be there. ' 10.. The P~ESIDENT: l recognize the representatlve of I.ndla on a point of order. 11. Sir Be~legal N. RAU (India): l ask for the ruling of the Presl~ent as to whether it is permitted at this '~tage to. g? 11lto these matters. If they are already on ec~rd~ It. IS hardly necessary now to call our attention agam ta them. 12. Stri<;tly. speaking, the representative of Paki~tan has been 1l1vlted to the table ~mder ntle 37 which reads as follows: , As the President pointed out, it was under that rule that he acted in inviting the representative of Pakistan to the table. 13. The discussion of the Indo-Pakistan question, as particularized in our agenda, was closed when the vote was taken. At this stage, even a member of the Security Cottncil does not have the right ta make any further address except possibly for the purpose of explaining his vote. Therefore, in inviting the representative of Pakistan to the table, the Cotlncil gave him a right which even a member of the Council does not enjoy: to make a speech other than for the purpose of ex· plaining his vote. Pakistan has no vote to explain. Having been allowed an opportunity to state his government's views, l submit to the President that the representative of Pakistan should confine himself strictly ta that purpose., It would not be in order for him to go iuto matters of controversy which, if he had sa chosen, he could have entered into before the vote was taken.

In view of what the representative of India has just said, the representative of Pakistan has requested me ta allow him to clarify his position in a few words.

The point that has been raised by the representative of India is such that l would be extremely loath ta put the President to the trouble - possibly even the embarrassment --.:... of having ta give a ru1ïng on il. Therefore, in cleference ta his desire, l shall omit that part of my speech and take up up the last part in which l propose to place. befor~ the Council the view of 111Y Government and Its attitude towards the resolution which was adopted on 30 March 1951. 16. '0'ith regél;rd to the resolution adopted by the ; Secur~ty CounC1l, l shaH start by saying that l have been mstructed by. my government to subll1it to the COllOci] its acceptance of the resolution. The Government of Pakistan accepts the resolution and is deter~ l1iin7d ta ç.fford the. ful1est co-operation to the United ' N atlo~ls repres7ntatlve who may be appointed by the Se~llnty Councd, and later, in case of differences arising whl~h cannot be resolved by agreement between the part1~s, .ta the arbitrator or arbitrators that may he appomted lluder paragraph 6 of the resolution. Ir. 111. the .view of my government the resolution dlvldes tt~elf mto three parts. The preamble deals with thec01:Stlti.1ênt assembly that is proposed ta be COl1- voked Ir; respect of Kashl11ir. We read the preamble along .wlth paragraph 8 of the resolution, the last part of Wllich requests the Governments of India and Paki- ~tan "ta refrain froin any action likely ta prejudice ri Jl1st~and peaceful.settlement of the dispute". Obviol1sly, , ~f the 1?ropo~al ;VIth regard to the constituent assembly 15. pers.lst~d lU, ~t would a1110l1l1t ta action that is likely topreJucllce a Just and peaceful settlement. We have no doubt thereforethat the Govénuneht of· India will 18. The second part of the resolution deals with demilitarization; the principal provision in that respect being contained in paragraph 3 which states: "Instructs the United Nations representative to proceed to the sub-continent and, after consultation with the Governments of India and Pakistan, to effect the c1emilitarization of the State of Jammu and Kashmir on the basis of the United Nations Commission for India and Pakistan resolutions of 13 August 1948 and 5 January 1949;" 18. la graphe Some objection was taken to "after consultation" but that was duly dealt with by the representatives in the Security Council, particularly those of the United Kingdom and the United States. Des "après sécurité Uni 19. Unies 1948 voient sion trêve. 1948, de biscite nements détails ment 19. The resolutions of the United N atÎons Commission for India and Pakistan of 13 August 1948 and 5 January 1949 [S/1100, S/1.196] at each stage of a cease-fire and a truce agreement provide for consultation, and part III of the resolution of 13 August 1948, which was not specifically referred to with regard to the settlement of the conditions of a fair and impartial plebiscite, predicates consultation with the two governments and the settlement of these details by agreements between them. We accept that part also. 20. But the part that particularly calls upon the two governments ta accept a provision is contained in paragraph 6 which: 20. demande dispositions. rité: "CaIls upon the parties, in the event of their dis- ~Llss~on W!t~ the United Nations representative failing ln ~llS ~P111l0n to result in full agreement, to accept arbltratIOn upon ail outstanding points of difference reported by the United Nations representative in accordance with paragraph 5 above; such arbitration . to ?e carried out by an arbitrator, or a panel of arbltrato.rs, to be appointed by the President of the InternatIOnal Court of Justice afterconsultation with the parties ;". 21 .. With all respect we sllbmit that at this stage, and 21. des c'est dans vef11ement a divergences terprétation . portant tions vernement considère tive que lution doute, ~avl11g regard to the difficulties that have arisen, that IS t!le only method of making progress. The manner in ~hlcl: the Government of Pakistan regards this queshon IS as follows. Here is an international agreement between the two parties. Differences have arisen which, let us say, relate to the interpretation of the agreement. !t has be~n ..'laid any arbitration with respect to our ;nterpretatIOn would reopen issues that have already Jeen settled. Assllme that the Government of Pakistan o.r the Governl11ent of India regards a particular queshon as already settled with reference to that agreement, ~nd the other government considers that that question IS not settled or that it is settled in a manner contrary o th~ one that has been alleged. Then sure1y that is a uesbon for. arbitratiol1. Ts this qU<:lstion alr~ady settled?

May l suggest ta the representative of Pakistan that he was going to explain the attitude of his governl11ent and not the presumable attitude of other governments with respect to that resolution? \!\Till the representative of Pakistan please confine himself to the explaining of the attitude of the Pakistan Government to this resolution?

With alI respect, l am explaining why we fully accept this and are able today to answer the request made in paragraph 6 caUing. upon 111Y government, as weU as the Government of India, to accept certain principles. So far as l am concerned, calling. upon 111y government ta accept arbitration upon all those outstanding points of view is different. 24. My government is able ta say here and now that if, unfortunately, it should transpire that matters that are dealt with by the resolution cannat be settled by agreement and there are still outstanding differences, we accept what we are calIed upon to accept in paragraph 6 because we feel that is the only way of making progress. We accept particularly because, as Members of the United Nations, we have undertalcen the obligation to seek pacific settlement of all our disputes. In this particular dispute negotiation, mecliation and conciliation have 110t as yet brought about a settlement. The matter has been carried S0111e distance. There was a cease-fire which was very satisfactory. There has been an international agreement incorporated in those two re~olutions, but further progress must now be made, and qtllckly. 2? If we continued to insist that our own particular vle~v on ail these matters should prevail, and if we hesltated ta accept the method that the Security COlmcil no,:, proposes, we should be failing in the obligation WhlCh we have undertaken as Membcrs of the United ~at!ons. Also, pur cOl~c1uct would amount to a repudl~tlOn .of the mternatIonal agreement which is contal11ed 111 the two resolutions of the Unitec1 Nations Commission for India and Pakistan. 26. We therefore accept this resolution in'ali its parts and aspects - and particularly paragraph 6 - because that is the only course open to us as Members of the United Nations; it is the only course consistent with our honour, and we consider that any other course would not be honourable. . 29. l understancl that the sponsors of the resolution which' we have adopted are examining this new question. There may, of course, also be other representatives who would wish to suggest candidates for the post to be filled. l think that sorne time must be taken for examination and consultation with regard to this problem. l would therefore suggest that the meeting should now be adjourned and that the President shoulcl convene the Council when there are definite suggestions with regard to a candidate or candidates to be placed before us. 30. As there is no objection, this meeting is adjourned. l shall advise members in clue course with regard to the next meeting of the Security Council. 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