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25111948 Text of the Speech, made by Sir Mohammed Zafrullah Khan (Pakistan) in the Security Council Meeting No. 382 held on 25 November 1948


25111948 Text of the Speech, made by Sir Mohammed Zafrullah Khan (Pakistan) in the Security Council Meeting No. 382 held on 25 November 1948

With reference to what the representative of India has said towards the end of his remarks, I would beg to submit that he has a tendency of opening a controversy on the merits of the question now pending before the Commission.

The representative of India has said: We do not decline to accept the resolution of 13 August. Equally, and with complete justice, I might submit, we did not decline to accept the resolution of 13 August either. The resolution of 13 August provided for a cease-fire in part I, for a truce agreement in part II, and, with all respect to the Commission, if I might so describe it, a somewhat indefinite proposal in part III with regard to what would happen after the truce. It was with regard to that part that Pakistan put forward its proposal.

As the Council is aware, both sides had certain objections to the Security Council's resolution of 21 April. The Pakistan objections were put forward; the Indian objections were put forward; and the position which we took up before the Commission was that if the two sides continued to make demands on the basis of their objections with regard to the conditions which would secure a fair and impartial plebiscite, no progress would be possible after the truce. Therefore, what we put forward was that modifications of the Security Council's proposals contained in articles 6 to 15 of the resolution, or additions to them, might be possible, but could only be possible-as the Commission agreed-by agreement of the parties and the acceptance of those modifications or amendments by the Commission. And we said that the only way to make progress in that respect was for the two Governments to agree that the conditions for a fair and impartial plebiscite would be those laid down by the Security Council-even though each side had objections to them-subject to additions and modifications which might be agreed upon. That is the only condition that the Government of Pakistan put forward.

It took no objection to the proposals contained in the first and second parts. The issue had been clarified to the Pakistan Government in certain respects by the Commission. There appears a second condition in our reply to the Commission, but it is only a nominal condition. Certain clarifications and elucidations had been given to us and, as the Commission had been discussing its proposals on an equal basis with both Governments, it was possible that certain clarifications had been given to the Government of India. It subsequently appeared that clarifications had in fact been given, and our second,The condition was only to the effect that the clarifications and elucidations given to each side should be communicated to the other side and should be acceptable to it. This was inherent in the very nature of the negotiations themselves-it was not a condition.

The only condition that we put forward was that in default of any additions or modifications, or subject to any conditions or modifications which might be agreed upon, both sides should accept paragraphs 6 to 15 of the Security Council's resolution of 21 April. I am not seeking to raise a debating point; this is not a matter which we wished to raise here, it is not a matter which has urgency today. Ever since we had the honour of welcoming the Commission in Karachi on 7 July, we have been at all times not only agreeable but anxious to put an end to the fighting on the basis of an immediate cease-fire. We have never at any time put conditions upon that proposal or showed any hesitation about it.

The conditions of the truce as laid down in the second part of the Commission's proposals of 13 August are in themselves not a matter of objection to us. All that we have insisted upon is that there should be some kind of agreement, at least in principle, between the two Governments as to what is to happen. after the truce, namely, that a fair and impartial plebiscite should be held and that the conditions should be such as would ensure a fair and impartial plebiscite.

I am prepared to agree here and now, once again, that if the Government of India is prepared to accept paragraphs 6 to 15 of the Security Council's resolution of 21 April-to which they had some objections and to which we had some objections subject to any conditions or modifications which may be arrived at with the help of the good offices of the Commission, the whole matter can be settled now, before this meeting of the Security Council adjourns. There may be some difficulty in the way of the Government of India which prevents it from doing that. Again, I am not seeking to score a debating point; the difficulty may be very real and I am not trying to force it into that position at all; these things have to be ironed out. But I submit that we are ready and always have been ready for an immediate cease-fire without imposing any conditions upon anybody. Then, once the further conditions or principles are agreed upon, the truce proposals can come into effect and the

preparations for a plebiscite can be taken in hand so that the whole thing can be settled. That is our position and has been all along.