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Mr. Chairman,
The right to self-determination is the bedrock of the United Nations system and underpins the contemporary international order. Realization of this right is an essential condition to guarantee the observance, promotion and protection of all other human rights. It was the universal recognition of this right that led to independence and the creation of the majority of the Member State of the United Nations.
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 indispensible foundation of all individual human rights.
The two International Covenants state in their Article 1 that “All peoples have the right of self-determination”. These Covenants affirm this right of all peoples by virtue of which they “freely determine their political status and freely pursue their economic, social and cultural development.”
Mr. Chairman,
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 and 2625. 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”.
Mr. Chairman,
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 15th Summit of the Non-aligned Movement held earlier this year in Sharm el Sheikh, have all reaffirmed the right of peoples to self-determination in situations of foreign occupation and alien domination.
Mr. Chairman,
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 by occupationist powers to chart their own political and economic destiny.
In this context, following "principles" strengthening the right to self-determination need constant reaffirmation:
One, The right to self-determination 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 recognized 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,
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 Security Council has in its relevant resolutions 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.
Mr. Chairman,
Pakistan is committed to pursue the Composite dialogue process with India to resolve all outstanding issues, including the core issue of Jammu and Kashmir. We are committed to find a peaceful resolution of the Jammu and Kashmir dispute acceptable to all sides --- India, Pakistan and above all Kashmiri people.
A peaceful resolution of this dispute is imperative for durable peace, stability and progress in South Asia. However, the genuine aspirations of the people of Jammu and Kashmir have been thwarted by continuing inaction by India and instead the unfortunate Kashmiris who have attached high hopes to the dialogue process have been subjected to wide spread human rights violations and suppression. We must seize the opportunity for a negotiated settlement of the Jammu and Kashmir issue with the full involvement of the Kashmiri people in accordance with their aspirations.
I thank you