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Mr. Chairman,
I have the honour to speak on one of the most important agenda items of the Third Committee, right of peoples to self-determination.
The right to self-determination is the most fundamental basic collective human right of peoples and the indispensable foundation of all individual human rights. Realization of the right to self-determination is an essential condition to guarantee the observance, promotion and protection of all other human rights.
The right of peoples to self-determination, enshrined in Article 1 of the UN Charter, is the bedrock on which the edifice of international relations among States and nations is based. In the 1950's and 1960's, the right to self-determination was seen exclusively as part of the de-colonization. The General Assembly adopted a series of resolutions proclaiming the right to self-determination including its two famous resolutions 1514 of 14 December 1960 and resolution 2625 of 24 October 1970. It was the universal recognition of this right that led to independent existence of the majority of the State members of the United Nations
Given the wide recognition of this principle and collective human right, the right to self-determination has been acknowledged in the core human rights treaties and included as Article 1 in the two Covenants on Civil and Political Rights and Economic, Social and Cultural Rights.
The Human Rights Committee, in its general comment No. 12, states that the "International Covenant on Civil and Political Rights imposes specific obligations on States parties, not only in relation to their own peoples but vis-à-vis all peoples which have not been able to exercise or have been deprived of the possibility of exercising their right to self-determination".
The 1993 World Conference on Human Rights declared that the denial of the right of self-determination was a violation of human rights and underlined the importance of its effective realisation. Since then the 1994 World Social Summit, the 2000 Millennium Summit, the 2005 UN World Summit and recently, the 14th Summit of the Non-Aligned Movement (NAM) held in September 2006 in Havana have all consistently reaffirmed the right of peoples to self-determination in situations of foreign occupation and alien domination.
Mr. Chairman,
The exercise of this right has enabled peoples, suppressed and disenfranchised by racist regimes, to achieve equality before law, in society and state polities. It has empowered millions of peoples and nations to determine their own political, economic, social and cultural systems.
The following principles underpin the right to self-determination:
One: It should be exercised freely. As such, its exercise should not be impeded or blocked by overt and covert influence or coercion or repression;
Two: It cannot be exercised under conditions of foreign occupation;
Three: The forcible occupation of the territory of a people whose rights of self-determination has been recognised is a violation of international law and the UN Charter;
Four: The legitimacy of the struggles of peoples for self-determination cannot be questioned by equating them with terrorism.
Mr. Chairman,
The principle of equal rights of people and their right to self- determination has been applied and exercised in most parts of the world today. East Timor and Montenegro are the recent examples of the realization of this right. However, the free exercise of this right has been denied, so far, in several other parts of the world, such as in Jammu and Kashmir and Palestine.
A few days ago, on 27 October, the population in Indian occupied Kashmir observed the 60th anniversary of their occupation. It was a reminder to the international community that after a lapse of six decades, the people of Jammu and Kashmir are still awaiting the exercise of their right to self-determination as promised by the UN Security Council resolutions.
The 21 April 1948 Security Council resolution declared that the "only way to settle the Kashmir problem peacefully was to demilitarize the State and to hold a plebiscite under the UN supervision." Subsequent UN Security Council resolutions of August 13, 1948 and January 5, 1949 established a ceasefire and the United Nations Military Observer Group in India and Pakistan (UNMOGIP) to ensure its observance. The Security Council once again pronounced that the future status of Jammu and Kashmir would be decided through the democratic means of a free and impartial plebiscite conducted under the auspices of the United Nations. All these pronouncements of the Security Council enjoyed the support of the parties concerned, both India and Pakistan.
Indeed, in accordance with the UN resolutions, the people of Kashmir should be afforded what has been possible for the East Timorese and people of Montenegro: an exercise of self-determination through a free vote conducted and monitored by the United Nations and international observers. Self-determination is their both legal and moral entitlement.
Mr. Chairman,
Having itself gained independence through the exercise of the right of self-determination, Pakistan has extended political, moral and diplomatic support to the exercise of this right by all other peoples recognized as being entitled to this right, including the people of Jammu and Kashmir. Pakistan's position on the issue of Kashmir was adopted on the basis of the UN Charter, international law, the resolutions of the Security Council.
Since 2004, Pakistan and India have been engaged in a composite dialogue which includes a resolution of Jammu and Kashmir. The two sides have committed themselves to exploring possible options for a fair and just situation. Progress in Confidence Building Measures has been encouraging. We need to do more to increase interaction among Kashmiri people on both sides. After the successful resumption of transportation links at five points across the Line of Control, we should open new channels between the two sides to strengthen communication links and to foster people to people contacts.
Unfortunately, the human rights situation in Indian Occupied Kashmir continues to be serious. The Indian Prime Minister last year had underlined the need to improve human rights situation in the IOK. Kashmiri leaders and human rights activists have called for an end to human rights abuses in IOK through gradual troops' withdrawal, revocation of the Armed Forces Special Powers Act, and release of political prisoners. They have specifically demanded an end to extra-judicial killings, torture, and arbitrary detentions. Human Rights Watch and Amnesty International have independently verified the prevalence of continuing grave human rights violations in Indian Occupied Kashmir. Improvement in the human rights situation in Indian Occupied Kashmir will strengthen the dialogue process between Pakistan and India, and help in the resolution of the Jammu and Kashmir dispute.
We must seize the opportunity provided by the dialogue and a salutary international environment to continue the search for a negotiated settlement of the Jammu and Kashmir issue, with the involvement of the Kashmiri people. Any solution to be decided will have to be acceptable to Pakistan, India and above all, the people of Jammu and Kashmir. The President of Pakistan has presented several creative ideas for a solution of the issue, which include demilitarization, self-governance and joint management. For durable solutions, we need statesmanship, courage, and flexibility on all sides.
I thank you Mr. Chairman.