Statement by Mr. Raza Bashir Tarar Acting Permanent Representative of Pakistan on Agenda Item 68: Right of Peoples to Self-Determination and Agenda Item 67: Elimination of Racism, Racial Discrimination, Xenophobia and related Intolerance Third Committee 66th Session of the UN General Assembly (New York 28 October, 2011)

Mr. Chairman,

Firstly, I would say a few words on agenda item 68: Right of Peoples to Self-determination.

  1. The United Nations Charter gave hope to the post-World War-II world by enshrining the principles of equal rights and self-determination of peoples,” in its very first article. This proclamation became the underpinning for two of the most important treaties i.e. the Covenant on Civil and Political Rights and the Covenant of Economic, Social and Cultural Rights. In their common article one the two Covenants proclaim that “all peoples have the right of self-determination and by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
  2. The UN General Assembly affirmed these principles by adopting resolutions No.1514 of 1960 and 2625 of 1970. In its celebrated declaration on principles of international law the Assembly declared thus: “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”.
  3. All subsequent international declarations such as the Vienna Declaration of 1993, World Social Summit in Copenhagen 1999, the Millennium Summit of 2000, the UN World Summit 2005 and most recently, the 15th Summit of the Non-Aligned Movement (NAM), have reaffirmed the right of peoples to self-determination in accordance with the UN Charter.

Mr. Chairman,

  1. This inalienable right empowers or enables peoples, suppressed and disenfranchised by colonial, foreign or racist regimes, to strive to achieve equality before law, in society and state polities. It has enabled millions of people to determine their own political, economic, social and cultural systems. The existence of this right continues to engender hope among the millions of the poor and vulnerable peoples whose fundamental rights have been denied and suppressed by occupying powers, to chart their own political and economic destiny.
  2. Unfortunately, however, the exercise of this right continues to be denied in different parts of the world, most notably, in Jammu and Kashmir and Palestine. Despite the lapse of six decades since the Kashmiri people were promised the exercise of their right to self-determination by the United Nations, they have not given up hope and continue to brave all repression and obstacles while struggling peacefully to achieve their just and inherent right to self-determination.
  3. 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 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 both Pakistan and India.

Mr. Chairman,

  1. The facile characterization of Kashmiri demands for justice as threatening to India’s integrity militates against historical or legal facts as well as prospects of peaceful resolution. All forms and manifestations of repression have failed to silence the Kashmir’s. Their blood and toil is testament to their determination to exercise their inherent right to Self-determination. No amount of obfuscation and blame game can mask the fact that the Kashmiri resistance is not externally motivated but historically compelled.
  2. Kashmiri youth’s defiance of repression has jolted the international community into taking note of their peaceful resistance. Many a voice of moderation and reason from Media, Civil Society, Academia and even mainstream Politicians within India have urged their government to stop living in denial and accept its mistakes. The discovery of mass graves in Kashmir threatens to become a permanent scar on the collective conscience of mankind if the perpetrators are allowed to get away with their atrocities.
  3. Veteran journalist Kuldip Nayar, Ex-Member of Parliament and former Indian High Commissioner to the UK says: “the excesses committed by the security forces there are reprehensible and there should be an inquiry by a judicial commission to find out why they indulge in violence. The promise of zero tolerance doesn’t mean anything when children are killed in action taken against agitators . . . . I think we owe it to ourselves as a nation built on liberal democratic principles to guarantee as much democracy and freedom as possible to the people of Kashmir.”
  4. Simon Tisdall writing for the Guardian in London sums it up by saying “that the New Delhi blinkered Kashmir policy since partition in 1947 ignoring UN demand for a self-determination plebiscite, rigging elections, manipulating or overthrowing elected governments and neglecting economic development – lies at the heart of problem”.

Mr. Chairman,

  1. The human rights of the Kashmiri people must be respected. Their voices should be heard to create an enabling environment for a peaceful resolution of the longstanding Jammu and Kashmir dispute. Pakistan reaffirms its complete solidarity with the Kashmiris and will continue to extend its full moral, political and diplomatic support to the Kashmiri people in their just cause.
  2. We are desirous of good and friendly relations with India based on equality and mutual trust. We remain sincerely committed to the resumed dialogue process with India. The two sides have agreed to continue discussions in a purposeful and forward looking manner with a view to finding peaceful solution of all outstanding disputes including Jammu and Kashmir.
  3. Pakistan and India owe a peaceful resolution to the Jammu and Kashmir dispute, on the basis of principles of justice and international legality, to the future generations of Pakistanis, Indians and more importantly Kashmiris, to usher in an era of true peace, prosperity and harmony in South Asia.

Mr. Chairman,

  1. Now coming to agenda item 67: Elimination of Racism, Racial Discrimination, Xenophobia and related Intolerance.
  2. Pakistan associates itself with the statement made by Argentina on behalf of the Group of 77 and China.
  3. It is an abiding lesson of history that discrimination threatens the very fabric of civilization. Institutionalized racism leads to grave injustices and intense conflicts in the world. While the international community is struggling to undo the wrongs of the past, unfortunately, we are witnessing emergence of new forms of related intolerances and in some cases resurgence of older ones.
  4. Politicization of immigration, rigid hierarchical social structures, unequal power and economic relations, religious intolerance stereotyping and violence as well as the situations of foreign occupation continue to provide validation and sustenance to systematic forms of discrimination. Similarly, rejection of diversity has led to the negation of the rights of immigrants, foreigners and minorities. The most serious manifestation of racism is the legitimization of racism and xenophobia in the guise of defending ‘identity or preference’, which indeed is counterproductive and antithesis to multiculturalism.

Mr. Chairman,

  1. Pakistan attaches great importance to the subject of racism, racial discrimination, xenophobia and related intolerance. We have remained actively involved in the promotion of anti-racism agenda at all forums including the legal fight against the legacy of colonialism at the United Nations. Our engagement is based on the principle that racism in all its forms and manifestations counters the fundamental values of peace, equality, justice and universal brotherhood espoused by Islam and all religions of the world.
  2. Pakistan was actively engaged in the 2001 World Conference Against Racism and its outcome document i.e. Durban Declaration and Programme of Action (DDPA). We have remained constructively engaged in its follow up processes and actively participated in the 2009 Durban Review Conference and the related HLM meeting of the GA this year. We are encouraged that the international community, during all these events, reaffirmed the need to combat the scourge of racism in all its forms and manifestations at all levels.

Mr. Chairman,

  1. While international community has made progress to address the manifestations of racism in accordance with the international instruments and agreements, there remains a lot to be achieved in particular to combat its new and contemporary manifestations. The High-level Meeting of the GA this year provided a timely opportunity to assess the progress made and to identify the obstacles and challenges encountered in this regard. It also provided a valuable opportunity to reaffirm the political will to make the fight against racism, racial discrimination, xenophobia and related intolerance, and the protection of the victims thereof, a high priority for Member States.
  2. We look forward to working together to combat the menace of racism including through evolving normative standards that provide adequate response to its new and emerging forms. Some of the needed steps in this regard are enhanced importance and attention to be paid to intercultural and interreligious dialogue, promotion of tolerance, education and respect for religious and cultural.
  3. In conclusion, we would like to appreciate the work done by the Office of the High Commissioner in this regard and hope that it would continue to lead efforts within the UN system and beyond to assist Member States in the implementation of efforts and measure needed to combat the scourge of racism.

I thank you.