PAKISTAN
PEITM.AI{ENTMISSIGN T'O THE UT.JITED NATIONS
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STATEMENT BY

AMBASSADORMUNIR AKRAM
OF PERMANENTREPRESENTATIVE PAKISTAN TO THE UNITED NATIONS

ON AGENDA ITEM 66: ..RIGHT OF PEOPLES SELF-DETERMINATION'' TO

AT THE THIRD COMMITTEE OF THE OF 615T SESSION THE UNITEDNATIONSGENERALASSEMBLY

NEW YORK 7 NOVEMBER 2006

Pakistan'sStatement Self-determination on

M r . Ch a i rma n , The right of peoplesto self-determination, enshrinedin Article I of the LIN Charter,is the bedrock on which the edifice of internationalrelations among Statesand nationsis based. This right was the fountainhead the liberationof for peoples undercolonialand aliendomination sovereign to independence. 2. In the 1950's and 1960's, the right to self-determination was seen exclusively part of the de-colonization. as The General Assemblyadopted series a of resolutionsproclaimingthe right to self-determination including its two famous resolutions 1514of 14 December 1960andresolution 2625 of 24 October1970. It was the universal recognitionof this right that led to independent existence the of majority of the Statemembersof the United Nations 3. General Assembly Resolution 2625, of 24 October 1970, adopted the "Declarationon Principlesof International Law ConcerningFriendly Relations "by virtue of the principle of equal among States". This states: and Cooperation of rights and self-determination peoplesenshrined the Charter of the United in have the right to freely determine their political statusand to Nations,all peoples pursuetheir economic,social and cultural development, and every Statehas the with theprovisions the Charter". this right in accordance of duty to respect is 4. The right to self-determination the most fundamentalbasic collective peoples. It is the indispensable foundation all individualhuman humanright of of is rights. Realizationof the right to self-deterrnination an essentialcondition to promotionandprotection all other humanrights. guarantee observance, the of of 5. Given the wide recognition this principleand collectivehumanright, the has been acknowledged the core human rights in right to self-determination treatiesand included as Article I in the two Covenants Civil and Political on Rights and E,conomic, Socialand CulturalRights.The Human Rights Committee, comment No. 12, states that the "lnternational in its general Covenanton Civil and parties,not only in relation imposes specificobligations States on Political Rights which havenot been able to exercise to their own peoples vis-ii-visall peoples but or have been deprived of the possibility of exercising their right to selfdetermination". The Vienna Declarationadoptedby UN World Conference on Human 6. Rights 1993, the 1994 World Social Summit in Copenhagen, Millennium the

sumrnit of 2000, the [N world surnmit 2005 and most recentlythe 14th Surnmit of the Non- aligned Movement held in Septernber 2006 in Havana, have all reaffirmed the right of peoples to self-deterrnination situations of in foreign occupation aliendomination. and Mr. Chairman, 7. The exercise of this right has enabled peoples, suppressed and disenfranchised racist regimes,1o achieveequalitybefore tu*, in society by and statepolities.It has ernpowered millions of peoples and nationsto determine their own political, economic,social and cultural systems.Today,the existence of this right continuesto engenderhope among the millions of tlre poor and vulnerable peoples whose fundamentalrights have been deprived and suppressed to chart their own political and economicdestiny. 8. In this context, following "principles" regarding the right to selfdetermination needto be constantlyreaffirmed: One, the forcible occupationof the territory of a people whose right of selfdetermination has been recognizedis a cleai violation oflnternational law and the L1NCharter. Two, the right to self-determination can be exercisedfreely only if this is unfettered overt and covert coercionor influence. cannotbe exeicised by It freelv underconditions foreignoccupation of andrepression. Three, the right of self-determination irnmutable is and cannotbe extinguished by the passage time, and of Four, the legitimacyof the strugglesof peoplesfor self-determination cannotbe compromised tarnishing with the tarbush terrorism. by it of

Mr. Chairmanr 9. The principle of equalrights of peopleand their right to self- determination hasbeenappliedand exercised most partsof the world today. However,the free in exercise this right has been denied,so far, in severalother parts of the world, of suchas in Jamrnu and Kashmirand palestine. 10. Six decadeshave elapsedsince the Kashmiri people were promisedthe exercise of their right to self-determinationby the LIN Security Council resolutions. The April 1948 Security Council resolutiondeclaredthai the ..only

way to settlethe Kashmir problernpeacefully was to demilitarize the Stateand to hold a plebisciteunder the IIN supervision."Subsequent IN SecurityCouncil resolutions August 30, 1948and January 1949established ceasefire of 5, a and the United Nations Military ObserverGroup in India and Pakistan (LTNMOGIP) to ensureits observance. The SecurityCouncil once againpronouncedthat the future statusof Jammu and Kashmir would be decidedthrough the democraticmeans of a free and impartialplebisciteconducted underthe auspices the UnitedNations. of All these pronouncements the SecurityCouncil enjoyed the support of the of parties concerned. 11. Having itself gainedindependence throughthe exercise the right of selfof Pakistanhas extended political, moral and diplomatic supportto the determination, peoples exercise this right by all other of recognized being entitledto this right, as includingthe people of Jammuand Kashmir.Pakistan'sposition on the issue of Kashmir was adopted on the basis of the LIN Charter, international law, the resolutions the SecurityCouncil. of Mr. Chairman, and conflict, largely over the Jammu and 12. After decadesof confrontation Kashmirdispute,Pakistanand India havebeenengaged the pastthreeyears in for a dialogueprocessto resolveall outstanding disputesincluding the core issue of JammuandKashmir. 13. Two rounds of compositedialoguehave been completedbetweenthe two to countriesand the third round is expected commence shortly.This processhas led to agreement on several confidence building rreasures, including the links at five points acrossthe Line of Control in of resurnption transportation immense lossof life earthquake 2005 that caused of Kashmirafter the devastating and damage Kashmir. in has advanced several creativeideasfor a solution of 14. The President Pakistan and Kashmir, including demilitarization, self-rule and joint to Jammu administration. The leadersof Pakistanand India agreed,at their meeting in for optionsfor a peaceful Havana"to continuethejoint search mutuallyacceptable between India and Pakistan, includingthe issue of negotiated settlement all issues purposefulmanner. On the Jammuand of Jammuand Kashmir, in a sincereand Kashmir issue,there have been useful discussions.There is a need to build on and convergences narrow down divergences". Pakistanbelieves that any durable solution of this dispute will require 15 flexibility and boldnesson both sides.Above all, any frnal solution has to be

to acceptable Pakistan and India and, above all, to the people of Jammu and Kashmir. of 16. In his addressto the 61" session the GeneralAssernblyin September "itnproved relations between the expressed hope that 2006, PresidentMusharraf the two countries and the conducive international environment had brought an disputewithin reach". I arn confident that solution of this longstanding acceptable this hope is shared by the people of Jarnmuand Kashmir, by the peoples of community' and India, and by the international Pakistan I thank you Mr. Chairman.