Statement by Ambassador Dr. Maleeha Lodhi Permanent Representative of Pakistan in the Third Committee on Agenda Item 71: “Right to self-determination” and Agenda Item 70 “Elimination of racism, xenophobia and related intolerance” (02 November 2015)

Mr. Chairman,

We thank the Secretary General for his sustained attention to the right of peoples to self-determination and for his report to the 70th Session of the General Assembly.

The report outlined ongoing efforts of the General Assembly, ECOSOC, the Human Rights Council and relevant treaty bodies in promoting the realization of this fundamental human right.

We hope future reports will also refer to international disputes that need to be resolved in accordance with this fundamental principle of international law.

Mr. Chairman,

The right of peoples to self-determination has been established as a fundamental and overriding principle of international law. It has been enshrined in the Charter of the United Nations.

Common Article One of the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR) pertain to the right to self-determination. The 1993 World Conference on Human Rights recognized that denial of the right to self-determination constituted a violation of human rights and stressed the need for its universal implementation.

It was the exercise of this right during the last century that empowered nations and led to the emergence of several states as free and sovereign members of the United Nations.

But the struggle for the universal realization of the right to self-determination is far from over.

Even in the 21st century, there are many non-self governing territories and people living under foreign occupation and alien domination. They aspire to exercise this fundamental human right as well.

In his report to the 69th Session of the General Assembly, the Independent Expert on Promotion of a Democratic and Equitable World Order highlighted the continued relevance of this right and called for greater international efforts to ensure its international implementation.

Mr. Chairman,

The exercise of the right to self-determination is firmly grounded in the following principles:

In my region, South Asia, the decades old dispute of Jammu and Kashmir needs to be resolved in accordance with these fundamental and universal principles.

Security Council resolutions on Jammu and Kashmir pronounce that the future status of Jammu and Kashmir would be decided through the democratic means of “a free and impartial plebiscite under UN auspices”. These resolutions were supported by Pakistan, India and the international community. But they still await implementation.

This is the only way for the people of Kashmir to exercise their inalienable right to self determination.

It is a travesty of law and morality that decades after these resolutions were adopted, the people of Jammu and Kashmir continue to be deprived of this fundamental right. Generations after generation of Kashmiris have seen only broken pledges and ruthless oppression. Human rights violations remain rampant. Over 100,000 have died in their struggle for self-determination.

In his statement during the General Debate of the 70th UNGA, Pakistan’s Prime Minister reiterated his call for the peaceful resolution of the Jammu and Kashmir dispute, in accordance with the aspirations of the Kashmiri people. Prime Minister Nawaz Sharif also stated that the Kashmiri people were an integral part of the dispute and consultations with them were essential to reach a peaceful settlement. He characterized Jammu and Kashmir as the most persistent failure of the United Nations.

The continued suffering of Kashmiri women, children and men should shake the collective conscience of the international community.

The 70th Anniversary of of the United Nations ought to be a catalyst to spur this body into action, and not just more words.

Fulfillment of the long-held promise of self-determination to the Kashmiri people is urgent as well as indispensable to establishing lasting peace and stability in South Asia.

Mr. Chairman,

Pakistan is firmly opposed to all forms of racism, xenophobia and religious intolerance. Racism, in whatever form and shape, is against human dignity and inconsistent with fundamental human rights.

Racism and racial discrimination hinders international cooperation and poses a threat to social stability, economic development and international peace and security.

The Durban Declaration and Programme of Action provides an effective platform to comprehensively address racism, xenophobia and related discrimination. The UN Declaration of 2011 reaffirmed the need to mobilize political support to expedite implementation of the Durban commitment and to place victims of racism at the centre of the measures to promote equal opportunity, openness and inclusion. Pakistan supports the adoption of the Plan of Action for People of African Descent and calls for its full implementation, in accordance with UNGA resolution 69/16.

Mr. Chairman,

A contemporary form of racism is religious intolerance and discrimination on the basis of religion. Faith-based discrimination, stereotyping of people on the basis of their belief, incitement to violence through hate speech and acts of desecration are not only inconsistent with fundamental human rights and freedoms, but also jeopardize social harmony and global peace and security.

In order to reverse this disturbing new trend of racism, Member States should put in place effective legal and administrative remedies, in accordance with UNGA Resolution 69/174, to effectively prevent all acts of faith-based discrimination and incitement to religious hatred.

Pakistan fully supports the various international initiatives for promoting dialogue, understanding and peaceful co-existence among all religions and civilizations.

I thank you.