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Mr. Chairperson
The first article of the UN Charter proclaims “the principle of equal rights and self-determination of peoples”. This is the principle on which the whole system of international relations is based. It is the most basic collective right of peoples and nations, and the indispensable foundation of all individual human rights.
The principle of the democratic right to self-determination is the bedrock of the United Nations system and underpins the recognized international order. Realization of this right is an essential condition to guarantee the observance, promotion and protection of all other human rights. Therefore, the right to self-determination is included in Article 1 of the two Covenants on Civil and Political Rights, and Economic, Social and Cultural Rights. These Covenants affirm the right to self-determination of all peoples by virtue of which they “freely determine their political status and freely pursue their economic, social and cultural development.” In international law article 1 supersedes all subsequent laws and is the unshakeable foundation and bedrock of the UN Charter.
In the 1950’s and 1960’s, the right to self-determination was seen exclusively as part of the “de-colonization” process. 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. Resolution 2625 adopted the “Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States”. This declaration states: “by virtue of the principle of equal rights and self-determination of peoples enshrined in the Charter of the United Nations, all peoples have the right to freely determine their political status and to pursue their economic, social and cultural development, and every State has a duty to respect this right in accordance with the provisions of the Charter”. Through the post 2nd World War in the 40’s, 50’s, 60’s and to the end of the millennium mighty empires cobbled onto the backpacks of bayonets and jackboots crumbled under the overwhelming morality of this UN Declaration and millions forfeited their most precious gift of life upon the clarion call of this belief enshrined and inscribed on to their hearts. It was the universal recognition of this right that led to independence and the creation of the majority of the State members of the United Nations, the largest redrawing of the geo-political frontiers and map of the world.
Mr. Chairperson
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 Vienna Declaration adopted by UN World Conference on Human Rights 1993, the 1994 World Social Summit in Copenhagen, the Millennium Summit of 2000, the UN World Summit 2005 and the 14th Summit of the Non- aligned Movement held in September 2006 in Havana, have all reaffirmed the right of peoples to self-determination in situations of foreign occupation and alien domination.
Recently the President General Assembly (PGA) in his opening address to this world body stridently declared his democratic view of this institution and for the assembled world audience his support for the rights of humanity.
Mr. Chairperson
It is the exercise of this right that has empowered or enabled peoples, suppressed and disenfranchised by racist or self-serving regimes, to strive 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. Today, the existence of this right continues to engender hope among the millions of the poor and vulnerable peoples whose fundamental rights have been deprived and suppressed to chart their own political and economic destiny.
In this context, following "principles" strengthening the right to self-determination needs to be constantly reaffirmed:
One, The forcible occupation of the territory of a people whose right of self- determination has been recognized is a clear violation of international law and UN Charter.
Two, the right to self-determination must be exercised freely and unencumbered and unfettered by overt and covert coercion or influence. It cannot be exercised freely under conditions of armed occupation and repression.
Three, the right of self-determination is immutable and cannot be extinguished by the passage of time, and
Four, the legitimacy of the struggles of peoples for self-determination cannot be compromised by tarnishing it with the tarbush accusations levelled by occupant powers and the scales of justice must weigh clearly whether the struggle for UN mandated self-determination should be portrayed as “terror” or whether the slaying of hundreds nay thousands by repressive state machination is “terror”. In all fairness, why not ask the millions of terrorized. Believe me their unremitting misery shall teach the policy makers of the world where the stench of terror makes itself into physical torment.
Mr. Chairperson
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. 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. 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 27th October, the population in Indian Occupied Kashmir, widely agitated the anniversary of their predicament. Six decades have elapsed since the Kashmiri people were promised the exercise of their right to self-determination by the UN Security Council resolutions. The 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 30, 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. History records that inability to remove troops from the area has delayed self-determination. May be then but now complete removal of troops ordained by the UNSC cannot be ignored, lets do it and let the people of Kashmir decide.
Meanwhile, Pakistan is pursuing a composite dialogue process with India to resolve all outstanding issues, including the core issue of Jammu and Kashmir. A number of confidence building measures (CBM) are on the table and some are in place. However, on Jammu and Kashmir the aspirations of the vast majority has been thwarted by continuing inaction of the occupant power and instead the unfortunate Kashmiris who have attached high hopes to the ongoing process have been subjected to wide spread human rights violations and brutal suppression.
Mr. Chairperson
In the recent spate of violence, forced on the Kashmiris following a cruel economic blockade, the Indian Occupation forces have brutally killed innocent protestors, and the Kashmiri political leadership was put behind bars to silence their protests. Such actions create aggravation and tension and cannot consolidate the unlawful occupation of the peoples of Jammu and Kashmir who remain steadfast towards their tryst with their own destiny through self-determination.
Until then, we believe that further substantial improvement in the human rights situation in the Indian Occupied Kashmir will facilitate and enhance the dialogue process between India and Pakistan. We must seize the opportunity provided by the process of the ongoing dialogue to enhance the search for a negotiated settlement of the Jammu and Kashmir issue, emphasizing the full involvement of the Kashmiri people. We hope that the current engagement shall culminate in the realization of the right to self-determination of the people of Jammu and Kashmir in accordance with their aspirations.
I thank you.