S/PV.543 Security Council

Before we come to the business before the Council l should like especially to welcome in our mic1st His Excel1ency the Brazilian Minister for Foreign Affairs who, as he is entitled to under mIe 13 of the provisional mles of procedure, is today representing Brazil in this Council Meeting. Tt is, in my opinion, a flattering proof of the importance attached by the Government of Brazil to the worle of the United Nations and to its organ primarily responsible for the maintenance of peace and security that, notwithstanding his many important eng'agements, His Excellency Ambassador Neves da Fontoura has decided to be present among us today and to take part in our deliberations. .. 2. Apart from being Brazil's foremost spokesman in the fielcl of international politics, His Excellency Neves da Fontoura is one of his country's most olltstanding and experiencecl diplomats and, besicles being a distinguished economist and jurist, has also brilliantly applied his talents in the field of writing, in acknowlec1gment of which he was elected a member of the Brazilian Academy of Letters. In his own right, 50 ta speak, our distinguished colleague from Brazil is, likewise, entitled to a cordial welcome which l am now happy, on ail these different counts, to extend to him. 3, At the same time l may express the hope that the example set by His Excellency may, when the occasion arises, be followed by the Foreign Ministers of other member States of the Security Cmmcil, thereby

l should like to thank the President fDr his kind words and" to express to the l11embers of the Security Council the satisfaction l feel at being able to attend the work of this body which is playing so fundamental a part in the political world today and which, under the Charter of the United Natians, bears the main responsibility for the maintenance of international peace and security. 5. Ever since the San Francisco Conference, Brazil has clone its best to help in the work of the United Nations which, despite the uncertainties and dangers inherent in the present day world, represents the only hope for the peaceful coexistence of sovereign States. AlI international problems, evcn those which disturb the peace of the East, can becompletely and satisfactorily solved in the United Nations if we approach them in a spirit of mutual understanding and If we are l110ved by a determination to spare the world the disaster of a new universal conflict. 6. The work of peace is too important and too vital for us to abandon it before having spent on it all our efforts and all our strength. We must pursue it withont respite, without faltering or failing. 7. The United Nations has already shown proof of its detcrmination to act in moments of international crisis, and its initiative in the economic and social fields cannat be praised tao highly. We have arrived at a global conception of collective needs, and the implel11entation of the technical assistance programme will, l am sure, bear the most fruitful results. 8. The consultations at Washington, in which l was privileged to take part, were an eloquent and decisive reaffirmation of the importance which the American nations attach to the system of collective security; the regional bonds between our varions countries can be interpreted as only one phase in the wider work of the United Nations. 9. Brazil is indeed honoured to have a place on the Security Council. It is fully conscious of the responsibility inherent in the task entrusted ta it by the Member States and it regards its mandate as a mandate ta act on behalf of universal peace and tranquillity. Adoption of the agenda

At its 539th meeting on 30 March 1951, the Council adopted by 8 votes to none, with 3 abstentions - one of the abstentions being in accordance with Article 27, paragraph 3 of the Charter - a resolution concerning the India-Pakistan question submitted by the representatives of the United King- 11. Members of the Council will recal! that in operative paragraph 2 of the resolution the Security Council "Decides to appoint a United Nations representative for India and Pakistan in succession to Sir Owen Dixon." The functions of the new United Nations representative are defined in paragraphs 3 and 5of the aforementioned resolution. 12. In this connexion, the representatives of the United Kingdom and the United States have now presented to me the name of Mr. Frank P. Graham, Defense Manpower Administrator in the Department of Labor in 'Washington, former United States Senator and former President of the University of North Carolina, with the understanding that l should submit this matte!- to the consideration of the Security Council. l hereby do so. No other candidates have been suggested in this respect. l therefore intend to ask the Security Council whether it approves the appointment of Mr. Frank P. Graham as United Nations Representative for India and Pakistan. Before doing so, in conformity with previous resolutions, l invite the representative of Pakistan to the Council table. At the invitation of the President, Sir NIohamad Zafrlllla Khan; repre~çentative of Paleistan, toole a place at the Co-uncil table. 13. The PRESIDENT: l now put to the Security Council the approval of the appointment of Mr. Frank P. Graham as lJnited Nations Representative for India and Pakistan.

The discussion on this question prompts a natural question which l should like to submit to the Council for reply or explanation - either by the President, or by the representatives of the United States or the United Kingdom. Why should the candidate nominated for this ornce - that is, the office of United Nations Representative for India and Pakistan - necessarily be a representative of the U nitec1 States or a .representativeof any other permanent member of t11e. Security Council? 15. l should be glad to receive a reply to this question.

In reply ta the observations of the representative of the Soviet Union, l should like to point out that no other names of candidates have been received by me, although it goes without saying that nothing would have prevented any member of the Council from proposing names if he had wished to do sa. 1? As for the candidature o·f Mr. FrankP. Graham, l shal! leave it to the sponsors of the resolutioll tQ go ioto further explanatiQus if they so <1esire.

l am bounc1 tD say that l cannat accept the reply ta my question which the Council has just heard, or the reasons advanced in that reply, as either convincing or satisfactory, since Mr. Graham is not, as the popular saying has it, the only pebble Dn the beach.

l may observe that if the Soviet Union representative has another canc1idate in mincI whom he would like ta propose to the Council, l think that nothing would prevent him from doing so.

Those who have hacI this problem uncler such active consideration couldhad they sa desirecI, of course - have not presentecI the Security Conncil only one nomination, that of Mr. Graham.

Is it the wish of any other member of the Council ta make any other nomination? Since 1 do not hear any other nominations, l shaH now proceed to the vote on the candidate placed befme us. In .favour: Brazil, China, Ecuaclor, France, Turkey, United King-dom of Great Britain and Northern heland, United States of America. Abstaining,' India.. Netherlands, Union of Soviet Socialist Republics, Yugoslavia.

The appointment of Mr. Frank P. Graham as United Nations Representative for Inc1ia anc1 Pakistan has been approved by the Council by 7 vDtes in favour, none against and 4 aqstentions. India i1' one of the countries which abstained, and I assume that it considers itsabstention as non-participation in the vote on the ground that Tndia is an interested party. 24. Sir Benegal N. RAU (Inclia): The President ...vas correct in his assumütion. I abstained from votinl! under Article 27 of the Charter which, as the memher'~ will recall, provides that in c1eeisions of the Couneil under Chapter VI, a party to a dispute shaH abstain from voting. The proposed appointment is part of a , elecision t111c1er Chapter VI relating to the pacific settlement of disputes. As India was a party to the dispute, l <ibstained from voting.

Now that the Security CŒl11cil has made its choice, l think that l am interpretÎ11g the feelings of representatives in expressing Dur best wishes for the successful carrying out of his mission to Mr. Frank P. Graham, Unitecl Nations Representative for India and Pakistan. His appointment means a first step along the uneasy path of implementation of the resolution approvecl by the Secl11:ity Council, which resolution, in turn, l11eans another serions effort to further a just and peaceful settlement of a dispute whieh for too long has prevented full harmonious co-operation between two great nations in a part of Asia where ail of us wish ta see stability and fruitful self-development, in the interests of thepeoples directly concerned and of the peace of the world. . 27. Speaking llOW as representative of the NETHER- LANDS, l may say that l cio not under-estimate for one moment the c1elicacy and difficulty of the task which we have entrusted to the hands of the new United Nations Representative. He is instructed to effect the demilitarization of the State of Jammu and Kashmir on the basis of the two previous resolutions which were accepted by both India and Pakistan [S/1100, 5/1196J but the implementation of which has heretofore given rise ta differences of views and interpretation. What he in effect is expected to do is to bring into shape and being the indispensable prerequisite for a just, fair and free plebiscite by which the people of Jammu and Kashmir must be enahled to exercise their uncontestecl right to self-determination. l may perhaps he allowed to refer briefiy to wllat l said on this suhject at our meeting of 29 March [538th meeting]. 28. The issue, l said, should in the 1ast analysis he decided by the people of the State of Jammu and Kashmir themselves. Their right of self-determination had been recognized by bath the parties ta this dispute and the wishes of the people of orammu and Kashmir must therefore prevai!. \iVhat the Security Council, through the new United Nations Representative for Inc1ia and Pakistan must do at this stage, and what the resolution 'which we adopted on 30 March tries to do, is ta create the most favourable conditions for a fair expression of those wishes of the people of Jammu and Kashmir, free from any kind of fear or intimidation. l am convinced that the United Nati-ons Representative for Tndia and Pakistan will want to approach his highly complicated and vulnerable mission in the spirit of the lltlll()st fa.irm:ss and freedom from bias which i5es5~n- 29. May the Unitec1 Nations Representative be enablec1 to contribute his full share ta this purpose. l wish him aIl the strength and all the wisdom which he will require to bring his mission to a satisfactory enc1. l sincerel)' hope that the two parties to the dispute will 111eet hi111 in a spirit of generous cO-01)eration, anc1 in conclusion l wish the new Unitec1 Nations Representative for Inc1ia and Pakistan Goc1-speec1 on !lis difficult journey.

liVhen my Govern111ent unc1ertook ta explore the possiblity of presenting the name of someone to this Council for the post of Unitec1 Nations Representative for Inc1ia and Pakistan, it turned to the Panel for Inquiry and Conciliation created by General Asse111bly resolution 268 D (III) of 28 April 194-9 on the recoIl1mendation of the Interim Committee. Mr. Graham, as you know, is among the five distinguishecl Unitec1 States citizens clesignated by my Government for inclusion in the panel. His fine qualities are well appreciated in the United States, where he i5 known as a c1istinguished educator, statesman, govemment official and negotiator of Rreat ahility. T know that he will bring to this new task in full measure the qualities neec1ed for the accomplishment of his mission. 31. In expressing the gooc1 wishes of the U nitecl States for the success of the mission of the new United Nations Representative, l shoulc1 like to acld a word or two regarding the charaeter of that mission. This is or may be two-f{)lcl, as the Council knows. His first effort will he to effect demilitarization in the State of Tamll1U and Kashmir on the hasis of the international ~r;reel11el1t embodied in the 13 August 1948 and 5 Tanual"V 1949 resolutions of the United Nations Commission "for IncIia and Pakistan [5/1100, 5/1196J. 'Vhile previ{)us efforts ta bringabout agreement hetween the parties on the demilitarization provisions of these resolntions made hy the United Nations Commission, by General MeNaughtol1 and Sir Owen Dixon have not been successful, they have unc1eniably made progress toward the desired end. The area of disagreement has been narrowed and we have, thanks ta them, a fairly clear picture of what these disagreements are. r am sure that the debate on the Kashmir question rç:.ç~ntly çQndqded in the Council, in which the repre- 32. The disagreements on the demilitarization process still existing are basically differences of interpretation of how the framework provided by the two resolutions of the United Nations Commission should be filled in. These resolutions, in attempting to devise procedures wbich would furnish adequate security and Equitable treatment for a1l, went as far as was possible at the stage then reachecl. The procedural details necessarily had ta be left ta be worked out by the parties. This tbey have not yet fully succeeded in doing. Tt is our earnest hope that bath parties vvill work out with Ml'. Graham and implement the details of demilitarizatian preparatory to the plebiscite, which will permit the people of Kashmir freely ta express their will regarding the question of accession. . cepter 33. If, however, these efforts shouicl faü of their purpose, the United Nations Representative would embark on the second phase of his mission. He wauld return to this Council and report ta it those points of difference between the parties, in regard ta the interpretation and execution of the agreed resolutions of 13 August 1948 and 5 January 1949, which he considers must be resolved to enable demilltarization ta be effected. The arbitratian clause of the present resolutian wouId then become operative, and the United States mast earnestly urges that the parties accept the arbitration procedure as a final step to conc1uding a peaceful settlement of this problem, which holds so ml1ch danger for the peace, prosperity and stability of the great sub-continent. 1 fullv concur with our President who said at the 53Rth meeting of this Council: "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 representative ai 13razil has so ably explained, might weil be considerecl as coming within the widely acknowledged justiciable sphere where arbitration would be fully justified."

In explaining my vote 1· should, in the nrst place, like to welcome on behalf of 111Y government the decision which the Council has just taken and, in particuiar, ta express 1I1y government's appreciation of Ml'. Graham's readiness to l1ndertake the great and admittedly arduous responsibilities of his appointment as United Nations Representative for India and Pakistan. Mr. Graham will, as We know, carry with him ta the sub-continent the good wishes and th~ firrn support of the Çouncil as .CI·llll·,"lt{~ly, is l:y 1.10 n.lea.ns insoluble. Mr. GraTh~m, " b 1 If f th U t d in undertaking thls 111ISSIon on e 1a o' e nI e Natiolls, will, l hope, feel strengthened hy the clear • d b b f the and llncqllivocal views. express~. y mem ers o. COlll1cil in the disCt\SSlOllS leadmg up to the adoptIOn of the reso\tltion of 30 March. .16. If the wise statesmanship which led the two governments to agree on the ce~se-fire in Kas~mir an~ to aeceptancc ,of the t\Vi? resolutlon? of the Umted N~tlOns Commission for Indla and Pakistan, can be applted to the il11l11cdiate problem of clemilitarization, there should in<1eed we thinle be real hope of progress towards a settlcn~ent. His Majesty's Government in the United Kiug<lolt1 has, however, 110ticed with regret what ap[lcars ta he a l11isapprehensioll in the Indian subcontinent on certain aspects of the resolution of 30 l\Iarch, and notably in regard to arbitration. We have seen it suggested that under that resolution the United Nations Representative is instructed ta go to the subcontinent and ta c1ecide, as an arbitrator, whether the Statc of Jammu ancl Kashmir should acceele to India or tn Pakistan, But of course that is not in the least what the l'cso1ution says. As my Government understands the resolution, in faet it instructs the United Nations Representative, after consultation \Vith the Governments nf 1ndirt and Pakistan, to tise his best endeavours ta obtain thcir agreement to a plan for the demilitarization of the State of Jammu and Kashmir in accorclance with the principles contained in the two United Nations Cotlllnission for India and Pakistan resolutions, Furthel', it instructs him, after obtaining this agreement, tn put the plan into effeet. In other words, his instructions are to bring abont the demilitarization of the State in agreement, if possible, with the Governments of Itldia and P<l:ki~tal1. So fél;r, his t~sk is to be entirely onc of ncgotmtlOn. In thls capaclty he will have of cunrse," the full authority of the Security COlll1cil 'and the Ulllted Nations behind him and he will ue able to point to the views expressec1 by the l11ajority of the 1Il~1111!ers of this Cauneil in regard ta the fUl1clamental pnl1~IP.tc that dcmilitarization should be such that the plcblsctl.c can he helc1 free from any influence by the arlller! torces of any interested party to the dispute. But ncvertheless his task will he that of negotiation and not a task of arbitration. 37. If, !lowever, he is unable to obtain the agreement of the (~~ver.l1t11~nts of India and Pakistan to a plan for delmhtanzahol~! or for putting such a plan into 38. Sa it shoulcl be clear, we think, that the resolution of 30 lVlarch cal1s UpOI1 the parties to accept arbitration only on matters which might be clescribed as procedural rather than substantive, only on matters concerning the demi1itarization of the State, which is a part of the procedure for holding a plebiscite, and not on the substantive question of accession itself. 38. résolution l'arbitrage sidérer comme concernant fait pour ment. 39. tranchée davantage re, de moins suis que réaliser ['Etat ce assurent préférence te 39. The accession itself, far from being decided by the United Nations Representative, or by the arbitral panel for that matter, is to be decided by a free vote ur the inhabitants of the State. The whole purpose of the resolution, as my Government sees it at any rate, -and the purpose which 1 am sure will guide Mr. Graham in his mission as United Nations Representative, is to facilitate the holding of a plebiscite to decide the future accession of the State of Jammu and Kashmir in circul11stances which will ensure for the inhabitants of the State the right to express their preference in full knowledge of all the facts and without fear that they will suffer by expressing such preference. 40. It is because the co-sponsors were convincedand here 1 think 1 speak also for my United States colleague - that the inhabitants of Kashmir shoulcl not be prevented any longer by clisagreement on matters of procedure from c1eciding the accession of their State to either India or Pakistan, that they includecl in the resollltion which they presented to the COllncil provisions for the determination of this disagreement by arbitration in case 'Ü11e final attempt to resolve it by negotiation should fail. 40. et des devraient désaccord du c'est tion prévoyant trage dre 41. que répéter j'ai séance]. 41. Finally, in wishing Mr. Graham success in his mission, 1 should like to repeat what 1 said when 1 introdllced the drait resollltion on 21 February last [532nd meeting]. 1 spoke then as fol1ows: "1 do not feel, indeed, that 1 can emphasize too l11uch the fact that both Governments are agreed on the essential elements of a settlement and that all that is now required is good will on both sides ta resolve outstanding points of detai1. Given the farreaching benefits which a settlement would bring and the all too obvious dangers of the continuance of the dispute, not only to the two countries themselves, but to al! those countries elsewhere in the wodd which value human liberty and the democratic way of life, 1 trust 1 am not being too sanguine in expressing the hope that a final settlement of the dispute can now quickly be achieved."

l have no desire ta detain the Security Cauncil for more tl.lan a very few minutes with my remarks on this occas10n. 44. The task of the United Nations Representative is clearly and precisely laid down in the resolution adopted by the Security Council on 30 March. It has been admirably paraphrased by the President and other representatives who have already spoken. Reference bas been made to the difficulty and de1icacy of that task. They are indeed great. The task is not rendered any easier, unfortunately, by the declarations and announcements which have been made hv statesmen of India since the adoption of the" resolution, including the illustrious Prime Minister of India, who has on various occasions - in Parliament, at Srinagar, in Jammu - declared that India would not accept the resolution and anything Rowing fromit, and would take the consequences of the refusaI ta accept it. That is unfortunate. When added to it are the declarations of Sheikh Mohammad Abdullah that they are determined to proceed with the convening of the constituent assembly for the purpose of deciding the future of the State, irrespective of the resolution, the difficulties are enormously increased. Neverthe1ess, we sincerely endorse the hope expressed that the gentleman who has been selected, and whose nomination has been approved by the Security Council to carry out those heavy responsibilities, will achieve success in his difficult and delicate task. 45. So far as m}' government is concerned, l have already submitted to the Council our full acceptance of the resolL1tion of 30 March. We shall render to the United Nations Representative every assistance in our power to enable him ta discharge fully his heavy responsibilities and to achieve success in the task that has been entrusted to him by the Secnrity Council. Should unfortunate clifferences that have already been referred to with regard to the effective demilitarization of the State persist, as l have already stated, we shall then be prepared to accept the subsequent portion of the resolution which calls upon the two Governments to accept arbitration in respect of those differences. 46. As far as the Government of Pakistan is concerned, the representative of the United Nations Security Council might therefore proceed - we hope he will be able to proceed - as early as possible to the sub-continent with the fullest assurance that the Government of Pakistan is determined to discharge to the fullest extent the responsibilities and the duties that it has unc1ertaken in the two resolutions of the United Nations Commission for India and Pakistan of 13 August 1948 and 5 January 1949, so that the way may be opened ancl the g:'ouncI may be prepared to enable the people of Kashnm fully and freely to express their wishes on the question of accession of the State to either India or Pakistan.

As there are no other members who wish to speak, l wish to make the following observation. The resolution of 30 March 1951 instructs the United Nations Representative - whom the COUtl- 48. As there is no objection, that is the procedure that will be adopted. 48. adopterons The meet'Ïng rose at 4.35 p.m. FINLAND - Akateeminen katu, HelsinkI. FRANCE Ed Itlons A. Paris V. GREECE - GRECE "Eleltheroudakis," nale, Place de GUATEMALA Gouballd & Cla. num. 2S, 2 do HAlTI Max Bouchereau, velle!' Boite Prince. HONDURAS L1breria Panamerieana, Fuente, Tegucigalpa. ICELAND -ISLANDE Bokaverzlun Austurstreti 1S, INDIA '-:'INDE Oxford Book House, New Delhi. INDONESIA - Jajasan Pembangunan, 84, Djakarta. IRAQ-IRAK Mackenzle's Stationers, Baghdad. IRAN Ketab·Khaneh Avenue, Teheran. IRELAND -IRLANDE Hlbernlan General cial Buildings, ISRAEL Leo Blumsteln, 35 Allenby Road, ITALY-ITALlE Colibri S.A., LEBANON - Librairie universelle, LIBERIA J. Momolu Streets, Monrovia. LUXEMBOURG librairie J. Schummer, Luxembourg. MEXICO - Editorial Hermes, 001 41, MexIco, NETHERLANDS N.V. Martlnus 9, 's·Gravenhage. NEW ZEALAND- NOUVELLE·ZELANDE United Nations land, G.P.O. NICARAGUA Dr. Ramiro Publlcaclones, ARGENTINA - ARGENTINE Editorial Sudamerlcana S.A., Calle Alsina 500, Buenos Aires. AUSTRALIA - AUSTRALIE H. A. Goddard (Pty.), Ltd., 255a George Street, Sydney, N.S.W. BELGIUM "'- BELGIQUE Agence et Messageries de la Presse S.A., 14·22 rue du Persil, Bruxelles. W. H. Smith & Son 71·75 Boulevard Adolphe·Max, Bruxelles. BOLIVIA - BOLIVIE Llbrerla CienUfica y Literaria, Avenlda lb de Julio 216, CasIlla 972, La Paz BRAZIL - BRESIL Livrarla Agir, Rua Mexico 98·B, Calxa Postal 3291, Rio de Janeiro. CANAOA - CANADA The Ryerson Press, 299 Queen Str.êt West, Toronto. CEYLON - CEYLAN . The Associated Newspapers 01 Ceyl.on. Ltd., Lake House, Colombo. CHILE - CHILI . L1brer!a Ivens, Calle Moneda ~22, Santiago. CHINA - CHINE The Commercial Press, Ltd., 211 Honan Raad, Shanghai. COL.OMBIA - COLOMBIE Llbrerfa Latina Ltda., Apartado Mreo 4011, Bogota. COSTA RICA - COSTA·RICA Trejos Hermanos, Apartado 1313, San José. CUBA la Casa Belga, RenE de Smedt, O'Rellly 455, La Habana. CZECHOSLOVAKIA - ~ TCHECOSLOVAQUIE Ce.koslovenskY Spisovatel Norodnl T'f(da 9, Praha 1. DENMARK - DANEMARK Einar Munksgaard, N~rregade 6, K~benhavn. DOMINICAN REPUBLIC - REPUBLIQUE DOMINICAINE L1b",la Domlnicana, Calle Mercedes No. 49, Apa(tado 656, Ciudad Trujillo. ECUADOR ,... EQUATEUR Muiioz Hermanos y Cio., Plaza dei Teatro, Quito. EGYPT- EGYPTE· Librairie "La Renaissance d'Egypte," 9 SH. Adly Pasha, Calro. EL SALVADOR - SALVADOR Manuel Navas y Cla. "La Casa der Libro Barato" la Avenlda sur num. 37, San Salvador. ETHIOPIA - ETHIOPIE Agence ethiopienne de PublIcité, Box 8, Addis-Abeba. United Nations publications con further be obtalned from the followlng boohellers: GERMANY - ALLEMAGNE AUSTRIA - Buchhandlung Elwert & Meurer, Haup\-' B. WUllerotorll, strasse, 101, 8erlln-Schëneberg. Salzburg. W. E. Saarbach, Frankenstrasse, 14, Këln-Junkcrsdorf. .IAPAN - JAPON Alexander Horn, Spiegelgasse, 9, Maruzen Co., Wiesbaden. NIhonbashl, Orders end inquidesfrom oountries whore sales agenl5 have riot yet been appolnted may be sent ta: Sales Circulation Section, United Nations, New York, U.S.A.; or Sales Section, United Nations Office, Palais Nations, Goneva, Swiherrand. -P-r-in-t-ed-in-C-a-n-a-da--------------P-n-·c-e-;