20011948 Speech made by Sir Mohammed Zafrullah Khan, Representative of Pakistan in the Security Council Meeting on Draft Resolution held on 20th January 1948
20011948 Speech made by Sir Mohammed Zafrullah Khan, Representative of Pakistan in the Security Council Meeting on Draft Resolution held on 20th January 1948
With reference to what was said by the representative of India, it is well known, of course, as must be the case under the circumstances, that the resolution represents a compromise between the parties. The original point I raised was merely that the language in the title of the resolution should run in accordance with that compromise. The representative of India has chosen to put his own gloss upon the language of the resolution, whereas all the President's efforts were directed towards making sure that the language of the resolution should represent what had been agreed upon. I regret that any gloss should have been necessary, and that makes it necessary for me to make one or two observations with regard to that aspect of the case.
It is true that it was insisted on the one side that the language of the resolution should have reference only to the Jammu and Kashmir matter. It was equally insisted on the other side that the resolution, in scope, should embrace all the matters that were disturbing the friendly relations between the two States, and which had been brought to the notice of the Security Council, and of which the Security Council is now seized, irrespective of the fact that discussion was proceeding at the moment only with regard to one of them.
When too much insistence was laid on the Indian side on the fact that the discussion had not yet reached the other items, it will be re-called that we then suggested that our conversations should be postponed until, in due course, the Security Council had reached the discussion of the other matter also.
It was then pointed out that it would save time if, in the meantime—and before the Security Council could arrive at decisions with regard to any of these matters, whether those
decisions are based upon an agreement between the parties or whether those decisions are decisions of the Security Council— the period that would elapse would be utilized in agreeing upon the personnel of the commission and getting the commission together, so that when the decision or decisions would be arrived at, the instrument would be ready, on the spot, if possible, to carry out those decisions.
When that stage was reached, after two or three attempts at drafting with regard to how that agreement should be expressed, the final draft was adopted. Clause D, therefore, represents the actual situation that the Kashmir matter is under discussion, the Commission would perform its functions with reference to that, and would go on to perform its functions with regard to the other matters when so directed by the Security Council.
Though we have here a machinery now agreed upon to carry into effect the directions that may be given to it by the Security Council, our main task still remains, and I desire to express the hope that whether by way of consultations between the parties under the leadership and guidance of the President, or by way of discussion of the matter before the Security Council, the question of a settlement—at least the principles-upon which the working out of the settlement should be based— is the first question to which attention must be directed.
As will be seen from Clause C of the resolution, which defines the functions of the Commission, its functions are "to investigate the facts pursuant to Article 34 of the Charter"; that is to say, where a situation exists which "is likely to endanger the maintenance of international peace and security". That, we were told, is technically necessary, but is obvious in any case from the disputes which have been brought to the notice of the Security Council. The Commission is also invested with the function of exercising, "without interrupting the work of the Security Council, any mediatory influence likely to smooth away difficulties..." But this main function will be "...to carry out the directions given to it by the Security Council; and to report how far the advice and directions, if any, of the Security Council, have been carried out". That function still remains with the Security Council.
The machinery will be there, but the machinery will not come to life until the Security Council has arrived at some sort of decision with regard to the principle upon which the settlement is to be based, though it may be left to the commission to <arry it into effect or to settle its details, to make proposals back with regard to any of the details that might stand in need of clarification, and so on.
That is the only submission I would make at this time.
(SCOR, 3rd Year, Mtg. no. 230, pp. 133-135)