28021950  Text of the Speech made by the President Mr. C Blanco as the representative of Cuba in the Security Council Meeting No. 468 held on 28 February, 1950

28021950  Text of the Speech made by the President Mr. C Blanco as the representative of Cuba in the Security Council Meeting No. 468 held on 28 February, 1950

Speaking as the representative of Cuba, I wish to make a few observations and to explain the reasons which have led my delegation to reach certain conclusions, after a detailed and impartial study of the India-Pakistan question, with respect to the State of Jammu and Kashmir. For the sake of brevity I shall not refer to the historical background of the problem. I shall deal surely with the measures adopted by the Security Council and the United Nations Commission for India and Pakistan as a basis for a peaceful solution of the problem.

Leaving aside the Security Council resolutions of 17 [S/651] and 20 [S/654] January and 21 April [S/726] 1948, let us consider the resolutions of 13 August 1948 [S/1400 paragraph 75] and 5 January 1948, [S/1196 paragraph 15] of the United Nations Commission for India and Pakistan, which form the basis of the agreements reached by the two parties concerned as a result of the good offices and the mediation of the Commission in seeking a settlement of the dispute.

The resolution of 13 August 1948 provided for three stages in the process of effecting a peaceful solution: the cease-fire in Kashmir, the truce leading to the demilitarisation of that territory, and the future legal status of the State of Jammu and Kashmir, to be determined by the free will of the inhabitants. The resolution of 5 January 1949 supplements that of 13 August with regard to the last point, in that it describes the conditions required in preparing and organising a plebiscite in that State. The Governments of both India and Pakistan agreed to the two resolutions and as a result of their acceptance the provisions of the resolutions apply equally to both. It was possible, by means of the Commission's negotiations with the parties, to bring about a ceasefire in the territory. Despite the Commission's efforts, however, it was not possible to implement the second part of the resolution of 13 August with respect to a truce and demilitarisation, essential steps for guaranteeing the freedom and impartiality of the plebiscite.

That provision gave rise to the greatest difficulties. The parties concerned were unable to agree on the application of a plan of demilitarisation. The result was that what might have been considered a mere question of detail, had there been agreement in principle, has become a fundamental question for which no solution has as yet been found.

In view of the situation, the Security Council decided. in December 1949 [457th meeting] to request General Mc Naughton, who was its President at the time, to enter into informal conversations with the representatives of both parties. for the purpose of determining whether it is mutually satisfactory. basis might be found for the solution of the difficulties which had arisen. It is a matter of the utmost regret to the delegation of Cuba that the proposals submitted by General Mc Naughton set forth in document S/1453, have not been accepted by either of the two parties in so far as the demilitarisation plan is concerned.

Fully aware of its duties and responsibilities as a member of the Security Council, the delegation of Cuba considers that in its broad lines the proposals submitted by General McNaughton constitute an ample, reasonable and practical basis for the solution of the difficulties to which I have referred. It further believes that the proposal should commend themselves to the members of the Security Council and to world public opinion, in view of their equitable and just character. The delegation of Cuba wishes once again to express its admiration and gratitude to the author of those proposals, General McNaughton, for the valuable contribution he has made to the solution of the problem. In the opinion of my delegation, the proposals have also a practical aspect which should be borne in mind, in that they take into account the substantive part of the agreement reached between the parties concerned, which is essential if any settlement is to be achieved. Other representatives have referred to it, and I do not intend to dwell on that point.

The delegation of Cuba wishes, therefore, to state that it adheres to the principles contained in paragraph 1 of the proposals submitted by General McNaughton and is pleased that the representatives of the two parties have, in their recent statements, confirmed their acceptance of those principles, which are :

"(a) To determine the future of Jammu and Kashmir by the democratic method of a free and impartial plebiscite, to take place as early as possible;

"(b) Thus to settle this issue between the Governments of India and Pakistan in accordance with the freely expressed will of the inhabitants, as is desired by: both Governments;

"(c) To preserve the substantial measure of agreement on fundamental principles which has already been reached between the two Governments under the auspices of the United Nations ;

"(d) To avoid unprofitable discussion of disputed issues of the past, and to look forward into the future towards the good-neighbourly and constructive cooperation of the two great nations."

With respect to the problem of demilitarisation, the Cuban delegation believes that the principles set forth in paragraph 2 of the proposals submitted by General Me Naughton could serve as a basis for the establishment of a plan to bring about demilitarisation as soon as possible.

Associating itself with those proposals, the Cuban delegation has offered its modest collaboration in the draft resolution now before the Council, which is based on the principles referred to. Generally speaking, our position in the matter is the same as that of the United Nations. It is our earnest desire that a solution should be reached in accordance. with the provisions of the Charter. We do not espouse the cause of either of the two States which are parties to the dispute; we have equal respect, consideration and sympathy for both. Our attitude could not be more objective or impartial. We support the cause of the United Nations, in other words the cause of peace and justice; we also support the cause of the people of Kashmir, whose right freely to express their will with regard to their future is unassailable.

We must bear in mind, however, that so long as this dispute remains unsolved and the present situation between. India and Pakistan continues, international peace to en dangered, the progress of both peoples is retarded, and their fate is perhaps in danger. We wonder, therefore, whether the reasons, valid as they may be, which order of the two States may have, or the rights which they may claim to any specific disputed territory, should although the advantage, or rather the necessity, for both States to establish good neighbourly relations, to enlarge their commercial relations, and above all to walk hand in hand, thus contributing to the progress and improvement of their respective peoples and of those other peoples in that area who have but recently achieved their freedom and independence.

We do not doubt, therefore, that both India and Pakistan. will reconsider the problems in the light of whatever new action the Security Council may take, and that they will succeed in closing a past of struggle and anxiety, and settling a present fraught with danger, so as to open the way to a future of peace and prosperity for their peoples.

The delegation of Cuba considers that the draft resolution submitted jointly by Norway, the United Kingdom the United States and Cuba offers to both parties new opportunities to achieve a just, equitable and final solution of their difficulties and gives ground for hope that a free and impartial plebiscite may soon be held in the State of Jammu and Kashmir, through which its people may determine their future by democratic methods.