15061962 Text of the Speech made by the President Mr. A Berard as the representative of France in the Security Council Meeting No. 1012 held on 15 June 1962

Text of the Speech made by the President Mr. A Berard as the representative of France in the Security Council Meeting No. 1012 held on 15 June 1962

I thank the representative of the United Kingdom. As no one wishes to speak, in order to advance our work I shall now take the floor as the representative of France. Our Council is again confronted with a question which it has already examined many times in the course of the last fifteen years. Since 15 August 1947, the problem of Kashmir has almost constantly engaged the attention of international opinion and of the United Nations in particular. That there is a problem, and a serious one, cannot be denied. The Security Council, the General Assembly and representatives of the Organization have, in turn, endeavoured to solve it; in this connection, I should like to pay a tribute to the work accomplished by Mr. Graham, to his perseverance and to his devotion to the cause of peace in Kashmir. The fact that we are again. gathered round this table confirms that all those efforts have hitherto been in vain. We are compelled to admit that, in this domain as in many others, nothing can replace the sovereign will of States in settling the disputes which may arise between them.

This problem, it is true, has particularly complex geographical, ethnic and linguistic aspects, to which have been added, in the last fifteen years, elements of a political, economic and social nature which render it even] more thorny. Moreover, the matter has taken on an emotional character, both at Karachi and at Delhi, which is certainly understandable but not conducive to a settlement. I shall not attempt to analyse the various aspects of the question, which the representatives of Pakistan and India have dealt with in detail. I shall refer only to that part of their arguments which concerns the possibilities of solving the problem, for that is the point on which we should concentrate our attention.

On 27 April Mr. Zafrulla Khan declared at this table that his Government's desire "is not to apportion blame, is not to raise prejudice", but that "relationships between India and Pakistan would become closer and the two countries would to co-operate in many fields to the mutual advantage (1007th meeting, para. 93). everyone"

Mr. Jha, for his part, reaffirmed on 1 February last that India would not attack Pakistan or use force against Pakistan. His Government's goal, he continued, was "to create an atmosphere free from any apprehension, and thereby to facilitate the holding of any negotiations or discussion for the settlement of this issue" (990th meeting, para. 87).

Those two statements, further confirmed by the highest authorities at Karachi and Delhi, at least reassure us about the means which the two parties intend to employ in asserting their claims to Kashmir; they are not contemplating recourse to force and are willing to enter into negotiations. Those negotiations must of course be more than a mere facade: they should be undertaken with a sincere desire for success and every condition calculated to contribute to their success should be ensured.

There are of course differences of opinion about the way in which such talks should be held. Nevertheless both India and Pakistan have expressed the desire to settle the dispute peacefully, which, in my view, is an essential element in the cast before us.

In the course of his statements, Mr. Krishna Menon made remarks from time to time of such a harsh nature that they might have seemed to bode no good. Nevertheless, ever since India became a Member of the United Nations it has constantly set itself up to be a champion of international harmony and the independence of peoples. Those are the principles which its representative still defends in the Committees of which he is a member. We do not want to question India's faithfulness to those doctrines, both in matters that affect it personally and in problems of concern to other nations.

What can the Security Council do in these circumstances ? It is not for us to choose a solution, still less to impose one. Besides, in the view of the representatives of both countries, there is no "threat to the peace, breach of the peace or act of aggression" in the words of Chapter VII of the Charter. It is therefore the provisions of Chapter VI that apply, particularly those of Article 33, which invites "the parties to any dispute, the continuation of which is likely to endanger the maintenance of international peace and security", to seek first of all "a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice". All that the Security Council can do, under the terms of this Article, is to "call upon the parties to settle their dispute by such means".

This is the framework imposed by the Charter on any action which our Council can take in the present circumstances. I shall express no opinion on the forms and conditions of the negotiations envisaged, because it is the parties concerned which should determine them. That is their right and their responsibility as sovereign States We can only leave it to them and place our trust in them, since through their representatives they have expressed their willingness to arrive at a settlement by peaceful means, but we must also urge them to act in such a way as to bring about and effective relaxation of tension in their relations as soon as possible.

I should like to assure the representatives of India and Pakistan of my Government's sincere wish that a solution acceptable to both parties will be found to the problem of Kashmir. Both of them know that France maintains friendly relations with their countries which it intends to preserve and strengthen.

They may rest assured that my first concern in this debate is to do or say nothing whatever that might impair the atmosphere of Franco-Indian or Franco-Pakistan relations. One of the two representatives has said that the question of Kashmir "keeps apart two countries which are linked by their traditions, their common history and their common language". That is yet another reason why they should settle their dispute rapidly, guided by the Preamble of the United Nations Charter whereby the Member States have undertaken "to practise tolerance and live together in peace with one another as good neighbours". Thus will they regain the path of confidence and friendship.