05111965 Text of the Speech made by Mr. Fedorenko (Union of Soviet Socialist Republics) in the Security Council Meeting No. 1251 held on 5 November 1965

Text of the Speech made by Mr. Fedorenko (Union of Soviet Socialist Republics) in the Security Council Meeting No. 1251 held on 5 November 1965

In connection with the vote just taken, the USSR delegation would like to make the following statement.

The main task now before us is, as we have pointed out in various statements in the Council, to ensure the observance of the provisions relating to the cease-fire and the speedy withdrawal of the troops and military personnel of both sides to the positions which they occupied before 5 August 1965. We continue to maintain that position, in the belief that it is in conformity with the interests of the peoples of India and Pakistan and with the interests of peace.

My delegation also drew the Council's attention to certain matters of principle regarding the practical implementation of the resolutions which the Council adopted earlier. In its statement at the 1247th meeting of the Council on 25 October 1965, my delegation stated that the action taken by the Secretary-General with regard to the United Nations observers in India and Pakistan following the adoption by the Security Council of its resolutions 210 (1965) and 211 (1965), was at variance with the basic provisions of the Charter. We emphasised that under these basic provisions of the Charter only the Security Council was competent to take the necessary decisions on all specific matters connected with the United Nations military observers.

It is the Council that must decide such questions as the functions of military observers, their number, their command, their terms of reference, the financing of their activities, and so on. We have drawn particular attention to the fact that the Security Council set a definite time-limit for the stay of the United Nations observers in India and Pakistan, which should in no case exceed three months.

We must, unfortunately, what out that, although the Soviet Union raised this question of principle both during the prolonged consultations among members of the Security Council and at the first meeting of this series [1247th meeting], this anomalous situation and this irregular practice, which are at variance with the basic provisions of the Charter, have not been discontinued or corrected. These extremely important specific questions concerning the United Nations military observers continue to be decided Council. outside the Security

This shows that the questions of principle and constitutionality raised by the Soviet delegation were not given due consideration or taken into account. In the draft resolution that was adopted because of the negative position taken by various members of the Security Council, particularly the United States, the above mentioned question of principle was passed over. It was as a direct result of the negative position taken by these States that the unanimity prevailing in the Security Council during the discussion of the India-Pakistan conflict was destroyed.

In the light of the foregoing, and considering such a position to be intolerable, we were unable to endorse the draft resolution and therefore abstained in the vote.

In conclusion, the USSR delegation wishes to state that, if specific questions relating to the United Nations observers in India and Pakistan are in future decided outside the Security Council and in violation of the Charter, the Soviet Union reserves the right to draw the appropriate conclusions and reconsider its position accordingly.