17121949 Text of the Speech made by Mr. Samper (Chairman of the United Nations Commission for India and Pakistan) in the Security Council Meeting No. 457 held on 17 December, 1949

Text of the Speech made by Mr. Samper (Chairman of the United Nations Commission for India and Pakistan) in the Security Council Meeting No. 457 held on 17 December, 1949

I am honoured to represent the United Nations Commission for India and Pakistan before the Security Council and, on behalf of the Commission, I wish to express our appreciation for the Council's reception.

The members of the Security Council will recall that, when the Council received the Commission. in Paris in November 1948 [382nd meeting], conversations were underway looking towards an agreement between the Governments of India and Pakistan on the principles relating to a free and impartial plebiscite in the State of Jammu and Kashmir, and that the result of these conversations was subsequently embodied in the Commission's resolution of 5 January 1949. [S/1196, paragraph 151.

The Security Council is aware that the Governments of India and Pakistan, on their own initiative and before the Commission had reached the SubContinent again, made the cease fire order effective as of 1 January 1949. The Commission is pleased to report that the high commands of the Indian and Pakistan Armies made every effort to avoid incidents and violations of the cease-fire during the very difficult time when no line as such existed, and that it was due largely to their attitude of conciliation and understanding that the military conference in Karachi in July of this year led to the agreement on a line. The task of demarcating the line was achieved through the assistance of United Nations military observers under the Commission's military adviser. The immediate and vital objective of the Security Council-namely, the cessation of hostilities in the State of Jammu and Kashmir-has thus not only been achieved, but ensured, through the co-operation and the good will of the two Governments.

The Commission, unfortunately, cannot inform the Security Council that substantial progress has been made in the implementation of the succeeding parts of the Com mission's resolutions of 13 August 1948 [S/1100 paragraph 75] and 5 January 1949. After eight months of negotiations, the Commission has deemed it advisable, having in mind the importance of continuing an active movement towards a solution of the problem, to refer the matter back to the Security Council. We believe that the parent body will more easily find means for making the adjustments and modifications which today have become necessary for the execution of the commitments and agreements entered into by the two. Governments.

The Commission's third interim report [S/1430 and S/1430/Add. 1 and Add. 2] has been before members of the Security Council for several days now, and I do not believe it will be necessary to take up the time of the Council by going into a lengthy expose of the contents. Members of the Council are aware that, throughout eight months, the Commission endeavoured to mediate the differences which existed in the way of implementing part II of the first resolution dealing with the truce and principally concerned with the withdrawal of troops [S/1100, paragraph 75]. The Commission maintained direct contact with the two (Governments individually in New Delhi and in Karachi. It instituted sub committees. It drafted truce terms of its own, which were presented to the two Governments and which, in the light of the response of the two Governments, were modified in so far as this was possible, keeping in mind the framework and the principles which were our guides. The Commission also suggested a joint political meeting with the two Governments for the purpose of reaching agreement on the truce; this meeting was subsequently cancelled by the Commission. Finally, in a last endeavour, the Commission asked the two Governments if they would be willing to submit to arbitration the differences arising between them as regards the implementation of part II of the resolution of 13 August 1948.

The third interim report endeavours to set forth objectively, impartially and comprehensively the reasons for the unsuccessful outcome of the negotiations, which cover the period from February to September 1949. It has been the Commission's intention to show how the strict letter of previous commitments has become more and more rigid in a changing and dynamic situation, and how questions which, in the light of the overall problem and of the objective pursued by the two Governments and by the United Nations in the dispute, might be considered as of lesser importance have, in fact, impeded positive action on the part of the two Governments, in spite of their desire to proceed to a settlement.

The facts of the case are clear. The main issues stand well defined. The Commission believes that three of these issues are the most important: first, the withdrawal of troops. from the State, which is essential for the creation of conditions for a free and impartial plebiscite: secondly, and closely linked, the disposal of the Azad Kashmir forces in the western part of the State of Jammu and Kashmir; and thirdly, the administration and defence of the northern area of the State.

When this information at hand gathered from the past experience of the Commission, it is our hope that future action under the auspices of the United Nations and with the co-operations of India and Pakistan may be facilitated. Should this prove to be the case, the Commission will then have served an important and useful purpose in furthering the solution of this dispute.

In the conclusions of the report, the Commission has described the spirit which animated not in drafting that report. It also has expressed the belief that the present pattern, as it stands, is outmoded and unsuited in respect of questions of timing and method, and that this pattern should be made freer and more ample for mediation to be effective. The Commission is of the opinion that a single individual can now more expeditiously undertake what might be termed the third phase of the Kashmir dispute. It has so recommended to the Security Council and hopes that consultations with the representatives of India and Pakistan will take place to this end.

I have the privilege formally to present for the consideration of members of the Security Council the third interim report of the United Nations Commission for India and Pakistan. The report was prepared in Geneva and was signed there by four of the five members: the representatives of Argentina, Belgium, Colombia and the United States of America. The representative of Czechoslovakia reserved his position at the time of discussion of the report until a later date. At a meeting of the Commission held yesterday after noon at Lake Success, the representative of Czechoslovakia presented his delegation's minority view [S/1430 Add. 3].

Before concluding these brief remarks, may I express the Commission's gratitude to the Governments of India and Pakistan for the courtesy, consideration and warm hospitality which they have extended to the Commission during its stay on the Sub-Continent. We are convinced that both Governments wish to find a peaceful and a final solution of this dispute and that it is the intention of the Governments of India and Pakistan to continue to cooperate with the United Nations for this purpose.

The Commission and its Rapporteur, the Belgian representative, of course remain at the disposal of the Security Council and its President.