Mediation and Settlement of Disputes

Statement by Ambassador Abdullah Hussain Haroon, Permanent Representative of Pakistan in the Open Debate of the Security Council on "Mediation and Settlement of Disputes" 21 April 2009

Mr. President,

1. The Pakistan delegation welcomes the holding of this open debate. I am sure that under your able guidance, this discussion would be productive and contribute to our collective efforts to enhance the effectiveness of the United Nations in one of its central objectives i.e. conflict prevention and pacific settlement of disputes.
2. Through the framework and vast spectrum of modalities envisaged in Chapter VI and other provisions of the Charter, the United Nations organs, acting in balance and harmony, can play an important role in preventing disputes from arising between parties, in preventing existing disputes from escalating into conflicts, and in containing and resolving the conflicts when they occur. The Security Council in particular has to make a wider and effective use of the procedures and means for pacific settlement of disputes, particularly Articles 33-38 of the Charter.
3. Indeed it is this aspect of our work at the United Nations that transforms into action the commitment made by We the peoples (in the preamble of the Charter) to save succeeding generations from the scourge of war. In the maintenance of international peace and security, this is what operationalizes the purposes and principles of the United Nations beginning with Article 1 of the Charter, which as a matter of fact encapsulates well our deliberations of today.
4. Mr. President, over the years, Pakistan has followed, with great interest and attachment, the discussions in the United Nations and the Security Council in the area of pacific settlement of disputes. Under its Presidency of the Security Council in May, 2003 Pakistan had organized a debate on the role of the Security Council in pacific settlement of disputes. In the Presidential Statement (S/PRST/2003/5 dated 13 May 2003) adopted in that debate, the Security Council inter alia underscored that the efforts to strengthen the process of the peaceful settlement of disputes should be continued and made more effective. The special focus on “mediation” under the Presidency of Burkina Faso last September and the adoption of PRST/2008/36 was an important sequel to the consideration by the Council of the pacific settlement of disputes agenda.
5. Let me thank the Secretary General for his report (S/2009/189) whose contents merit serious consideration. The United Nations has had some notable successes in the area of pacific settlement and mediation, including with support of the regional organizations and other partners, particularly in Africa. The emphasis laid in the Secretary General’s report on early engagement and on processes addressing the root causes of conflict is, in our view, one of the key lessons learned from past engagements. It should be accorded due priority in ongoing and future work. Strengthening and making full use of comparative advantages of regional, national and local capacities for mediation, conflict prevention, reconciliation and dialogue are essential part of the wider effort. In our own region, Jirga, Panchayat and other traditional mechanisms are considered useful and time-tested tools for mediation, conciliation and arbitration at local levels.
6. As pointed out in the report, the need for professional mediation assistance is evident. One cannot agree more on the imperative of system-wide capacity building, leadership and specialization in this field. Maintaining a pool of mediation experts and facilitating their deployment when required, are recommendations of practical nature. The establishment of the Mediation Support Unit and the stand by team of experts are welcome steps. Requirement of further resources for Secretariat capacity may also be considered.
7. While many of the recommendations in the report of the Secretary General are focused on capacity building and resources, important as they may be, I would like to underline that the effectiveness of mediation and other means of pacific settlement, are more a function of factors that are largely political in nature. We may not be able to put the enhanced capacity to any use, if for example, we are not able to generate the necessary political will among the general membership, the members of the Security Council and in particular the parties to disputes to accept mediation or other means of pacific settlement and then demonstrate the commitment and good faith to follow through with their obligations. Two of the long-standing situations on the agenda of the Security Council, i.e. Palestine and the Jammu and Kashmir are in ways victim of such circumstances. It is manifest that these disputes are of such nature that their continuance endangers the maintenance of international peace, security and harmony.
8. On Palestine, the Security Council has been unable to implement its own resolutions, which has dealt a severe blow to its credibility. As the Council considered this question yesterday, it was evident that a renewed, serious and concerted effort was required to put the peace process back on track and to rebuild the confidence shattered by the recurrent resort to use of force.
9. Closer to home, this Council need not be reminded that one of the earliest applications of Chapter VI of the Charter was on the Jammu and Kashmir dispute between India and Pakistan, after it was referred to the Security Council. Several UN and Security Council resolutions, accepted by both India and Pakistan, provided that “the final disposition of the State of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations”. The Security Council also instituted several mechanisms including the UN Commission on India and Pakistan (UNCIP), the deployment of the UN Military Observer Group in India and Pakistan (UNMOGIP) and the appointment of distinguished Representatives of the United Nations who consulted the parties and submitted reports on how to resolve the dispute in accordance with provisions of the Security Council resolutions. Those resolutions remain unimplemented to date. Hopes pinned on bilateral dialogue have not been fulfilled either. However, Pakistan remains steadfast in seeking a just and peaceful resolution to the core issue of Jammu and Kashmir in accordance with the relevant UN resolutions. We hope that India would agree to the resumption of the composite dialogue process between our two countries. We hope that the international community, particularly the Security Council and the Secretary-General will support this objective of durable peace and progress in our region.
10. To have a holistic view, the Security Council should review the extent to which provisions of Chapter VI have been utilized and implemented. Needless to say, we cannot fully succeed in our efforts to strengthen the conflict prevention and pacific settlement dimensions, if the Security Council is not able to preserve and reinforce the central obligation of Member states under the Charter to refrain from the threat or use of force. Without repetition, I would like to endorse the position of the Non-Aligned Movement especially with respect to the use of force, sanctions and enforcement measures. Injudicious use of Chapter VII also creates the wrong impression that non-Chapter VII resolutions are somehow not equally binding. This, in our view, has damaged the efforts for pacific settlement under Chapter VI.
11. Experience has shown that Chapter VII measures are not always ideal, and may further worsen and complicate disputes. On the other hand, Chapter VI measures seek to resolve disputes in a manner, which is harmonious and cost-effective, which builds confidence and fosters respect for the sovereignty of Member States, leading to long term and sustainable solutions. The member states therefore need to invest more in the mechanisms for pacific settlement, promoting and preserving peace, based at all times, on the principles of justice and international law.

Thank you.