29051951 Text of the Speech made by Mr. Quevedo (Ecuador) in the Security Council Meeting No. 548 held on 29 May, 1951

29051951 Text of the Speech made by Mr. Quevedo (Ecuador) in the Security Council Meeting No. 548 held on 29 May, 1951

The determination of the future political affiliation or allegiance of Jammu and Kashmir by the constituent assembly which is to be convened would be a violation or an attempted violation of the international agreement between India and Pakistan whereby the question is to be settled by means of a plebiscite. It would also be a failure to recognize the authority of the Security Council, and finally, it might prevent a peaceful settlement of the question.

At the meeting of the Security Council on 30 March, fearing that such an assembly might be convened and might take the decision referred to today, I said when the draft resolution approved at the meeting was being discussed [539th meeting]:

"If there is any criticism to be made of the draft resolution, I think it is that its operative part, seeking not to depart from the area of agreement already reached by the parties so that implementation may be achieved, is not explicit enough in its statement of the requirements which seem in the present situation to be just, necessary and indispensable to the holding of a truly free and impartial plebiscite to express the desire of the people of Jammu and Kashmir.".

I then added :

"Inasmuch as India and Pakistan have agreed that the final status of Jammu and Kashmir should be decided by a free and impartial plebiscite, that must be our point of departure and the legal and political basis for the Council's action.

"Upon this basis, in our opinion," I said, "it can only be inferred that:...the constituent assembly of Jammu and Kashmir cannot be considered as representing the people as a whole or as a free manifestation of the people's will, and the decisions of such an assembly can neither change nor deprive of their effect the international undertakings entered into by India and Pakistan in respect of the plebiscite."

I added that a free and impartial plebiscite presupposes that the electors shall be free from pressure, threats, intimidation or compulsion in any form by the local authorities, or by military or police forces (whichever they are called) in the territory during the preparation and holding of the plebiscite.

If therefore, the constituent assembly of Jammu and Kashmir were to do what is suggested in the speech of Sheikh Abdulla quoted by the delegation of Pakistan and made on 4 May, that is, convene the assembly in order to decide the future allegiance of this State, on the assumption that no one can veto its decision, it seems to me that the Security Council, which has today taken note of the statement made by the representative of India, should state beforehand categorically that any such decision by the constituent assembly could not be regarded as valid and would not therefore be recognized as a settlement of the problem, and should call upon the two Governments to abstain from taking or permitting any action which would prevent the holding of the plebiscite and the peaceful settlement of the problem.