05111957 Text of the Speech made by Mr. Sobolev (Union of Soviet Socialist Republics) in the Security Council Meeting No. 799 held on 5 November 1957

Text of the Speech made by Mr. Sobolev (Union of Soviet Socialist Republics) in the Security Council Meeting No. 799 held on 5 November 1957

At the request of the representative of Pakistan, the Security Council is again considering the Kashmir question. This time the occasion for the discussion is the report [S/3821] which Mr. Jarring, the Swedish representative, submitted on 29 April 1957 in accordance with the Security Council's resolution of 21 February 1957 [S/3793]. The Council requested Mr. Jarring, who was President of the Security Council at that time, to conduct negotiations with the representatives of India and Pakistan for the purpose of examining any proposals likely to contribute to the peaceful settlement of the Kashmir problem.

At the time that draft resolution [S/3792] was under discussion the delegation of the Soviet Union drew attention to its fundamental defects and objected in particular to the mention of the Council's previous resolutions [774th meeting, paras 43 and 44], in other words, to the idea that, in carrying out the Security Council's instructions, Mr. Jarring should to any extent be bound by its earlier decisions, adopted in entirely different circumstances. We pointed out at that time that he should base himself on the present international situation and on circumstances in the Kashmir area as they are today, rather than on resolutions adopted many years ago and embodying recommendations which no longer have any real force and meaning in view of fundamentally altered circumstances. The Soviet delegation did not object to the adoption of the resolution, however, for it believed that the mission entrusted to the President of the Security Council, if carried out in the light of the situation which had developed in that area of the world, could contribute to the peaceful settlement of the problem.

The Soviet delegation has studied the report submitted by Mr. Jarring and feels that some of the observations it contains can assist the members of the Security Council in forming a correct and objective idea of the situation which has arisen in connection with the Kashmir problem.

In particular, the report reflects the fact that during the ten years which have elapsed since the Kashmir problem was first referred to the Security Council, fundamental changes have taken place not only in Kashmir itself, in the life of the people of Kashmir, but also in the political situation in that part of Asia. Considering those circumstances, it would, of course, be unrealistic to be guided by recommendations and proposals put forward in connection with the Kashmir question many years ago.

In the report it is expressly stated that :

"The Council will, furthermore, be aware of the fact that the implementation of international agreements of an ad hoc character, which has not been achieved fairly speedily, may become progressively more difficult because the situation with which they were to cope has tended to change." [S/3841, para 21.]

At the same time the report draws attention to " the concern expressed in connection with the changing political, economic and strategic factors surrounding the whole of the Kashmir question, together with the changing pattern of power relations in West and South Asia." [Ibid, para 20.]

These conclusions in the report accord with the views expressed by the Soviet delegation when the Kashmir problem. was discussed at the beginning of 1957. The Security Council as not yet shown any sign of taking those conclusions into account. The Soviet delegation for its part shares the concern.

caused in peace-loving circles in Asia and throughout the world by the policy of organising politico-military blocs and establishing military bases on foreign soil, by the armaments race with its disastrous consequences for the economies of the under developed countries, by the Western Powers' intervention in the domestic affairs of States and other action which are leading to increased tension and undermining security in various parts of Asia. The fact that Pakistan has allowed itself to be drawn into the orbit of that policy of the Western Powers has left its mark on the Pakistan Government's policy with regard to the Kashmir problem as well. As a result of Pakistan's policy, which has found support and encouragement among that country's partners in the South-East Asia Treaty Organisation (SEATO), the situation in the Kashmir area continues to be strained.

For many years the Indian Government has sought a peaceful settlement of the conflict on the basis of the agreements reached in the past and incorporated in the resolution adopted by the United Nations Commission for India and Pakistan on 13 August 1948 [S/1100, para, 75] and in its further resolution of 5 January 1949 [S/1196 para, 15]. Nevertheless, all India's efforts to bring about the successive implementation of those agreements and in particular, the withdrawal from Kashmir of Pakistan troops, tribesmen, and Pakistan nationals, in accordance with the Commission's resolution of 13 August 1948, have been baulked by Pakistan's obstructionist policy. The Indian Government, in accordance with the obligations which it has assumed, has sought to promote the national development of Kashmir by granting its people the right of self-determination and by taking the necessary steps to ensure the free expression of their will in the manner most appropriate to the circumstances which have arisen. As is well known, in September 1951 the first general election was held in Kashmir for the purpose of establishing a Constituent Assembly. In February 1954 that Assembly unanimously ratified the accession of Kashmir to India and in November 1956 it adopted a State Constitution formalising the status of Kashmir as a self-governing State within the Republic of India. In March 1957, the population of Kashmir, together with all the peoples of India, participated in elections to the Indian Parliament and also elected a legislative assembly of their own State. The whole development of the State and its successes in the work of national construction show that the close political, economic and cultural ties between Kashmir and the Republic of India are an important condition of its further progress. By now it should be clear to everyone that the people of Kashmir have decided their own destiny once and for all, that they regard Kashmir as an inalienable part of the Republic of India and that they do not want any interference in their affairs by any self-appointed guardians.

Why is the question of the fate of the people of Kashmir again being reopened? Obviously it is not the interest of the people of Kashmir which is determining the policy of the Western Powers, engaged as they are in yet another attempt to use the Kashmir problem once again to exacerbate relations. between India and Pakistan, to undermine the security of that part of South-East Asia and to increase tension in the area.

It would be hard to disagree with the statement made by Mr. Nehru, the Prime Minister of India, on 4 March 1957 in which he said that certain Powers which do not like his country's independent foreign policy are seeking to exert pressure from within and without to induce India to change it.

It would seem to have been no mere coincidence that the resumption of the discussion of the Kashmir problem at the beginning of 1957 occurred at the very time when certain Western Powers were expressing open dissatisfaction with the foreign policy of India, which had taken a stand in favour of the peaceful co-existence of States and the settlement of outstanding international problem by negotiation. Having artificially created the unhealthy atmosphere which surrounds the Kashmir problem, the Western Powers are seeking to use it as a means of applying political pressure to India. The Security Council, however, cannot and must not be a party to, much less an instrument of, such pressure. It is quite obvious that any sort of proposal to send international troops into Kashmir or to refer the question for consideration to various arbiters and mediators, primarily represents a blatant attempt to exert pressure on India. Furthermore, the purpose of such proposals is to cover up and justify foreign intervention in the Kashmir problem and the domestic affairs of India to the detriment of its national sovereignty. For that reason, the objections voiced here by the Indian representative to the proposal to institute a special arbitration procedure for investigating the facts of the Kashmir problem are fully justified. The Council cannot disregard those objections.

The Soviet delegation holds that the Security Council should use its authority not to impose the will of other on the people of Kashmir, but to bring about the cessation of activities, which are increasing tension in the relations between two Asian countries and to create favourable conditions for settlement by peaceful means, without any foreign interference or pressure, those aspects of the Kashmir problem which are still unresolved. If the Security Council follows this course, it will win the support and understanding of the forces of peace everywhere, and will help to restore the situation in the Kashmir area to normal and to strengthen peace and security in South-East Asia, and, consequently, throughout the world,