29051952--248 Text of the Statement of the United Nations Representative to the representatives of India and Pakistan in the joint meeting of 29 May 1952 at United Nations Headquarters
Fourth Graham Report
Supporting Documents
29051952--248 Text of the Statement of the United Nations Representative to the representatives of India and Pakistan in the joint meeting of 29 May 1952 at United Nations Headquarters
The United Nations Representative is pleased to join again with the representatives of the Governments of India and Pakistan in a renewal of the negotiations on the question of
the State of Jammu and Kashmir.
It would be presumptuous for the United Nations Representative to state that he believes these conversations will lead easily to a settlement of the dispute between the two Governments, but he has faith in the earnest desire of the two countries for a peaceful and friendly solution of the problem.
First the United Nations Representative would like to state to the delegations the basic principles that are guiding his activity:
(a) He understands his position to be that of a mediator in a dispute between two Governments; as such he can only lend his good offices and mediation, with the hope that ways and means may be found to arrive at the desired end.
(b) He is mindful of the fact that the effectiveness of his mediatory role depends on the willingness of the two Governments to use his services. No approach in mediation is valid in itself, unless the parties accept it.
(c) Should one or both Governments not accept, or qualify an acceptance of an approach in such a way that the other Government is not able to accept it, it is the duty of a mediator to try to find another approach under his terms of reference.
(d) It has always laid, and will continue to lie, within the discretion of either party, or the United Nations Representative himself, to suggest at any time that these discussions be suspended.
Concerning the procedure which might be followed in the present negotiations the United Nations Representative suggests that:
(1) The negotiations should proceed under the terms of reference as laid down by the Security Council in its resolution. of 30 March 1951 [S/2017/Rev. 11, in connexion with the resolution of 10 November 1951 [S/2392] as well as the debates in the Security Council on the matter.
(2) The negotiations should continue without prejudice to any action that the Security Council may take on the United Nations Representative's third report [S/2611]. After this meeting today he will communicate to the President of the Security Council that in agreement with the two Governments, if such is the case, he has resumed negotiations with them on the question and that he will report to the Security. Council on their outcome. (3) No time limit has been set by the United Nations
Representative. He shares the anxiety of the two Governments and is desirous of avoiding any delay in the discussions.
(4) The United Nations Representative proposes that these conversations now take place in New York.
(5) The United Nations Representative invites the representative of the two Governments to state their present positions in the light of his third report, and to make any additional observations that they deem appropriate.
(6) Once the two parties have stated their present points of view, the United Nations Representative will proceed in accordance with the fourth recommendation set forth in his third report [S/2611, para. 51] that is,
"(4) That the United Nations Representative's negotiations with the Governments of India and Pakistan be continued with a view to:
(a) Resolving the remaining differences on the twelve proposals, with special reference to the quantum of forces to be left on each side of the cease-fire line at the end of the period of demilitarization, and
(b) The general implementation of the UNCIP resolutions of 13 August 1948 and 5 January 1949". In this connection the United Nations Representative would at all times welcome suggestions from either Government directed toward these ends and the definite settlement of the dispute.
(7) Should the discussions suggest the need for consideration of certain military questions, these will be referred to the Military Advisers.
(8) The United Nations Representative intends at the appropriate moment to report fully to the Security Council, pointing out the areas of agreement as well as any points of difference between the parties which may continue to exist, together with his views concerning the problems confided to him.
The United Nations Representative hopes that the two delegations will agree on the procedure as here outlined.