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28051950  Text of the Speech made by Mr. Viteri Laforne (Ecuador) in the Security Council Meeting No. 468 held on 28 May, 1950


Text of the Speech made by Mr. Viteri Laforne (Ecuador) in the Security Council Meeting No. 468 held on 28 May, 1950

 

The S. C. is now carrying out one of the great functions in the development of the United Nations entrusted to it by the San Francisco Charter. That high function, that noble aim, is to contribute to the search for solutions to international disputes which may arise between Member States of the United Nations. By its very nature and essence an international dispute generally requires considerable time before any solution can be reached. It involves work which does not always proceed as rapidly as might be desired by the parties directly concerned and by others interested in the maintenance of peace and security. Yet by the very nature and essence of disputes, there are cases which appear simple at first, yet become more and more complicated as time goes on. International disputes have been known to last for over a century.

 

The aim of international organisations such as ours is to bring about solutions within a reasonably short period of time. To the difficulty of finding a solution to such grave and complex problems is added the fact that the parties concerned. are not always prepared to do their utmost to solve their disputes. I believe that in the present case fortunately, the two parties, sister States which have only recently joined the international community of nations firmly intend and earnestly desire to arrive at a speedy solution of their dispute.

 

Although this dispute originated in 1948 more than two years ago, it is now the end of February 1950 and no solution has yet been found. In the past two years however, as a result of direct action by the Security Council and by the special commissions set up by that organ to bring about a solution of the dispute between India and Pakistan, some very positive steps have been taken towards a solution. It would be most unfair, in speaking of the achievements of organs of the United Nations, among them the Security Council, to say that absolutely nothing has been reached. There are many problems which, without the existence and intervention of the United Nations or its organs, would have become much more. serious; in cases where it has not yet been possible to reach a solution, it is because the inherent gravity and complexity of the problem has made it impossible for a solution to be reached as speedly as might have been desired.

 

In the organisation of the Security Council it was felt that there should be continuity of action which would enable the Council to solve international disputes despite the passing of time and the changes in the Council's membership. That is one of the reasons for there being both permanent and non permanent members in the Council. The non-permanent members are not all changed simultaneously, and continuity is thus ensured even for problems which might last months or years. The Security Council can continue to examine problems in full knowledge of what has gone before, and new members elected by the General Assembly are able to take those problems up at the latest point of their development.

 

That is why, in dealing with the problem of India and Pakistan, we do not need to concern ourselves unduly with what has happened over the past two years. During that period there has been a development of the discussion and of the various stages in the endeavour to find a direct solution of the problem. Ecuador, for example, which has just joined the Security Council, must take things as it finds them; it must take up the problem at the point it has now reached.

 

We have studied the problem ourselves and we have also listened carefully to the statements made by both parties. That valuable background material has made it possible for us to obtain a clear picture of the situation, but we cannot retrace our steps and we must face things as they are at present

 

What have we at present? We have now before us a very interesting draft resolution [S/1461] submitted by four members of the Security Council, the representatives of Cuba, Norway, the United Kingdom and the United States. That draft resolution is a natural consequence of the most recent developments, those which we should now consider. The United Nations Commission for India and Pakistan set up by the Security Council to study the question has made an investigation on the issue, has visited the capitals of the two countries concerned, and has acted efficiently, patiently and intelligently. It has now submitted to us its third interim report [>/1430, S/1430 Add. 1, S/1430 Add and S/1430 Add. 3), containing practical information, conclusions and suggestions which warrant the serious attention of members of the Security Council. We have also carefully studied the importance and realism of General McNaughton [S/1453],

 

President of the Security Council for the month of December 1949. No attempt was made in that report to enter into the third historical aspect of the dispute. It is completely realistic and contains a number of recommendations, to the parties to the dispute, together with the Moments of both parties with respect to General McNaughton's proposal. We are not only informed of their comments, which were made directly to General McNaughton, but we have also heard and carefully studied the statements made by the representatives of India and of Pakistan.

 

The delegation of Ecuador has maintained close and continuous contact with the other delegations of the Security Council and has followed every step in the discussion which has led four members of the Council to submit the draft resolution which is now before us. That draft resolution, I believe, shows much understanding of the problem, shows a desire to make conciliation possible between the parties and to develop matters in such a way as to lead to a speedy solution of the dispute involving two Member States of the United Nations.

 

The draft resolution embraces all the points on which the two parties have already agreed; it gives, so to speak, a secondary place to the points on which no agreement could be reached and takes as its basis the fundamental points upon which both parties have agreed. With regard to those matters upon which there has been disagreement, it seeks to set up a procedure, to create a body representing the Security Council to the parties which possesses sufficient authority to enable it to mediate in an intelligent, flexible and efficient manner to bring about the solution which we all desire.

 

The draft resolution mentions the three basic stages on which the parties have agreed the cessation of hostilities as from 1 January 1949, the establishment of a cease-fire line on 27 July 1949, and the appointment of Admiral Nimitz as Administrator of the plebiscite which is to decide definitely, by the free will of the inhabitants, whether the State of Jammu and Kashmir is to become part of India or of Pakistan.

 

The fact that both parties have agreed to an impartial plebiscite through which the inhabitants may express freely their real wishes constitutes an valuable basis which it behooves us to use, so that the action of the mediator and of the two parties concerned may lead to a final solution of the dispute. The draft resolution gives a general outline of the terms of reference of the person who is to represent the Security Council in endeavouring to bring the parties together, so that the desired settlement might be achieved, a just and fair settlement which could be of a permanent character.

 

I shall not attempt at the present stage to analyse the proposal. I merely wish to state that in the view of the delegation of Ecuador the proposal is comprehensive and effective, offering the parties concerned a sensible basis upon which to settle their dispute.

 

In deciding to accept the draft resolution, we have taken into consideration a recommendation which we feel to be of the utmost importance in the Commission's report. When a commission which has worked with the determination, patience and energy of the United Nations Commission for India and Pakistan states that it is unable to do anything more in bringing about a solution, that it would be best to discontinue. its function and that its responsibilities should be transferred to one person, that decision is obviously the result of experience, and we should treat that recommendation with the respect which it has received in the draft resolution.

 

The Security Council should appoint a person who would strive towards conciliation and mediation and who would take advantage of every opportunity and of all suggestions which might lead the two parties to a solution of their dispute. I believe that a person who would enjoy the confidence of both parties would do much to bring about the solution which we all desire.

 

I do not wish, I repeat, to enter into a detailed analysis of the proposal. It may prove necessary to make some slight changes for the purpose of clarification, but they would be of minor importance.

 

The delegation of Ecuador supports the proposal submitted by the four States and feels certain that, with the firm desire and the good will of both parties to accept it and to implement it, it should be relatively easy to find a solution which would bring peace to millions of people and prove to the world that it is possible to arrive at solutions, provided in the Charter are used.