11041969 Letter dated 11 April 1969 from the representative of Pakistan M. Yunus to the President of the Security Council
11041969 Letter dated 11 April 1969 from the representative of Pakistan M. Yunus to the President of the Security Council
I am instructed by the Government of Pakistan to draw the attention of the Security Council to certain measures being taken by the Government of India, either directly or through its agents in the State of Jammu and Kashmir, which are causing strong resentment among the people of the Indian occupied area of the State and the people of Pakistan, threatening to aggravate an already serious situation.
On 14 March 1969, the Minister of Home Affairs of the Government of India introduced a Bill in the Indian Parliament, entitled. "The Unlawful Activities (Prevention) Amendment Bill, 1969." The Statement of Objects and Reasons of the Bill says that "it is now proposed to re-enact sub-section (2) of section 1 of the Act'' (the Unlawful Activities (Prevention) Act, 1967) "to put the application of the law to Jammu and Kashmir beyond doubt."
It will be recalled that when this Act was passed by the Indian Parliament in December 1967, the Permanent Representative of Pakistan to the United Nations in his letter dated 28 December 1967 [S/8315/ Rev./11] brought it to the notice of the Security Council, warning that the measure "is bound to lead to serious consequences for which the Government of India alone will be responsible." Pakistan's apprehensions regarding this so-called law have now been confirmed by the proposed amendment, which seeks to make it specifically applicable to Jammu and Kashmir. The measure is evidently designed to lower the morale of the people of Kashmir and to suppress their demand for their right of self-determination. Such acts of coercion cannot but exert a baleful influence on the atmosphere in the State and, as a result, worsen relations between Pakistan and India.
Another equally pernicious measure being taken by the Government of India is the introduction, through the Indian sponsored administration of the Indian-occupied area of Jammu and Kashmir, of legislation which would confer on non-Muslims proprietary rights over property left behind by Muslim citizens of the State of Jammu and Kashmir who were forced to leave their homes or were pushed across, the cease fire line during the events of 1947-1948 and 1965.
The significance of this proposed legislation is clear from a statement made by Sheikh Abdullah, the Kashmir leader, as reported in the Indian Express, Delhi, of 16 March 1969. Excerpts from this report are reproduced below:
"Addressing a protest day meeting organised by the Plebiscite Front at Mujahid Manzil, the Sheikh stressed the peaceful nature of the protest, adding that if Mr. G.M. Sadiq, the Chief Minister, went ahead with the legislation. (conferring proprietary rights on evacuee lands to refugees) 'we will tell you (the people) what to do'...
"The danger in the legislation was that it might turn the Muslim majority into a minority. This is a clear death signal for the Muslims', the Sheikh added....
"He warned 'India and its agents here' that if the legislation was passed, a topsy turvy situation would arise and it would be difficult to control it. He said that he was speaking with a full sense of responsibility and after 'thorough deliberation'....
"He said that Mr. Sadiq was adopting a wrong method, Lakhs (hundreds of thousands) of Muslims wanted to return to their homes but Mr. Sadiq wanted to transfer their properties to others. The Kashmir problem could not be solved by taking away the Muslim property through the back door."
The Government of Pakistan firmly maintains that both these measures would constitute serious violations of the international agreement embodied in the resolutions of the United Nations Commission for India and Pakistan of 13 August 1948 and 5 January 1949 and also of various Security Council resolutions.
Part II, section B, paragraph 3 of the Commission's resolution of 13 August 1948 states:
"The Government of India will undertake to ensure that the Government of the State of Jammu and Kashmir will take all measures within its power to make it publicly known that peace, law and order will be safeguarded and that all human and political rights will be guaranteed."
Further, paragraph 7 of the Commission's resolution of 5 January 1949 provides that "all authorities within the State of Jammu and Kashmir will undertake to ensure... [that] there shall be freedom of the Press, speech and assembly and freedom of travel in the State, including freedom of lawful entry and exist."
The resolution of the Security Council of 21 April 1948 [47 (1948)] contains a similar provision and, in paragraph 14, states:
"The Government of India should ensure that the Government of the State releases all political prisoners and takes all possible steps so that:
"(a) All citizens of the State who have left it on account) of disturbances are invited, and are free, to return to their homes and to exercise their rights as such citizens;
"(b) There is no victimization;
"(c) Minorities in all parts of the State are accorded adequate protection."
It is thus the unquestioned obligation of the Government of India to invite citizens of the State who have left the Indian occupied area to return to their homes and also to guarantee all human and political rights of the people of the State. Far from doing so, the Government of India is now seeking to deprive such citizens of their property and is taking steps to make any voicing of the demand for self-determination an offence liable to heavy-punishment.
In addition to constituting violations of the obligations of India under United Nations resolutions and the provisions of the United Nations Charter, the two measures cannot but prevent the creation of an atmosphere favourable to the promotion of negotiations for a peaceful settlement of the dispute concerning the State of Jammu and Kashmir.
The Security Council has consistently appealed to the parties to the dispute to refrain from any action likely to prejudice a just and peaceful settlement. The Government of Pakistan deeply regrets that India is persistently ignoring this appeal and is taking measures which are bound to make a settlement of the dispute more difficult.
I shall be grateful if this letter is circulated as an official document of the Security Council.
(Signed) Mohammed Yunus Acting Permanent Representative of
Pakistan to the United Nations
(Source: UN Document no. S/9151).