22061962 Text of the Speech made by Mr. Boland (Ireland) in the Security Council Meeting No. 1016 held on 22 June 1962

 Text of the Speech made by Mr. Boland (Ireland) in the Security Council Meeting No. 1016 held on 22 June 1962

The question of Jammu and Kashmir has been the subject of a very full discussion here in the Council and all the members of the Council have expressed their respective points. of view with regard to it. The Council now has the responsibility of coming to a conclusion on the question before it. In our view, that is a responsibility which the Council cannot shun or seek to evade consistently with its own prestige or authority or with the due discharge of its functions under the Charter. The discussion here in the Council has clearly shown that a large measure of agreement exists between members of the Council as to what the Council's conclusion on this matter should be. In our view, it is the duty of the Council to endeavour to give expression to that measure of agreement in a formal resolution. To refrain from doing so would mark a departure from the usual practice of the Council which, in the circumstances, would be difficult to justify or defend.

The draft resolution contained in document S/5134 aims to reflect as accurately and fairly as possible the consensus of the points of view of the majority of the Council as they have been expressed here. Members of the Council will observe that the text contains nothing new or unfamiliar. On the contrary, the ideas which it embodies have been thoroughly discussed both here at the Council table and in informal consultations between members of the Council over the past few weeks. We believe that the draft represents the widest possible measure of common agreement existing at the present time.

In the preamble, three different considerations are taken into account. First, the Council notes that it has received the last report of the United Nations representative for India and Pakistan and it expresses its thanks to Dr. Graham for it. Secondly, the preamble contains a paragraph noting with satisfaction the assurances given by India and Pakistan that they will refrain from the use of force as a means of settling the Kashmir question. Thirdly, the preamble contains a paragraph confirming the awareness of the Security Council that it has a responsibility under the Charter for helping India and Pakistan to reach a peaceful settlement of this question.

These last two preambular paragraphs are, of course, in close accordance with the views expressed by many [members of the Council in the course of the discussion.

The operative paragraph 1 of the draft refers to the Security Council resolution of 17 January 1948 and the United Nations Commission for India and Pakistan's resolution of 13 August 1948 and 5 January 1949, all of which were accepted at the time by both India and Pakistan. References were made during the course of the discussion to the importance and significance of these resolutions in the effort to find a solution of the Kashmir question. References were also made to the changes of circumstances and political and other developments which have intervened within the fourteen years since these resolutions were accepted. It seems to us the appropriate and necessary to include a paragraph in the text reminding the parties of the principles of these resolutions.

The aspect of the question upon which the largest measure of agreement emerged during the course of the debate was the desirability of an effort being made by India and Pakistan to reach a settlement of the Kashmir issue by means. of negotiations and agreement between themselves. The purpose of the draft resolution which we have submitted to the Council is to place the maximum emphasis, at this stage of the question, on this desirability. This is the object of the operative paragraph 2 of the draft. The text of that paragraph is, I think, self-explanatory. It urges India and Pakistan to enter into direct [discussions at the earliest convenient time with a view to the settlement of the Kashmir question in accordance with the principles of the Charter, including Article 33 of the Charter, which itemises the various procedures open to Members of the United Nations seeking a solution of their differences by peaceful means.

The next two operative paragraphs of the draft resolution are also self-explanatory. They urge India and Pakistan to endeavour to establish and maintain an atmosphere favourable to the direct conversations which it is the principal aim of the draft to further and, in this regard, to refrain from statements or courses of action which might aggravate the situation. We are confident, in the light of what the representatives of India and Pakistan have said here at the Council table, that they will endeavour to do so.

I do not think I need to add anything more at this stage. The draft resolution which we have had the honour to submit to the Council speaks for itself. Our purpose in submitting it is to enable the Security Council to reach a conclusion on the issue before it, as we believe it must be the aim of the Council to do. We hope that the draft resolution will commend itself to members of the Council as a worthwhile step towards bringing the question of Kashmir nearer to a peaceful, just and equitable settlement.