UNITED
NATIONS
Distr.
GENERAL
COUNCIL
s/8315/Rev. 1
29 December 1967
LETTER DATED 28 DECZ~BFB1967 FECM TBE PERMAEE~TIZ~PRESENTATIVE
OF PAKISTAN ADDRESSEDTO THE PRESIDEIT OF THE SECUFIITYCOUNCIL
I am instructed by my Government to draw the attention of the Security Council
to the additional
measures that the Government of India has recently taken to
suppress the demand of the people of Jammu and Kashmir for the exercise of their
right of self-determination
as pledged to them in the resolutions
of the United
Rations Security Council and of the United Nations Commission for India and
Pakistan.
These measures are exemplified by the recent adoption of a Bill, known as
2.
"The Prevention of Unlawful Activities
Bill (1967)“,
by the Indian Parliament.
The adoption of this Bill was reported in The New York Times of 21 December 1967,
in a dispatch from its special correspondent in New Delhi, excerpts from which
are reproduced below:
"The Indian Parliament passed a bill today giving the Government sweeping
powers to outlaw
organisations
or imprison individuals
found guilty of
questioning the country's sovereignty over any of the territory
it claims."
"The immediate purpose of the bill will be to curb any agitation
for a
change in the status of Kashmir by Sheik Mohammed Abdullah, the Kashmiri
Moslem leader."
In So far as this legislation
relates to the territory
of the Union of India
3.
my Government has no desire to make any comment on it.
Eut in so far as it is
sought to be extended to the territory
of Jammu and Kashmir occupied by India, it
represents yet another act by the Government
of India to make a peaceful settlement
of the Jsmmu and Kashmir dispute more difficult.
It is, therefore,
the duty of my
Government to bring the matter to the attention
of the Security Council as it is
bound to lead to serious consequences for which the Government of India alone will
be responsible.
67-32140
/...
S/8315/Rev.
English
Page 2
1
4.
In this
COnneXiOn,
attention
of the Security
The Situation
5.
seriously,
especially
have
been
head
in
in
subjected
has been
of the occupied
and victimization.
leaders,
return
to their
were
and
forced
its
6.
The
homes
to
seek
aftermath,
New York
Kashmir
India,
been
in
Kashmir
an ominous
makes
clear,
is
in
or
designed
in
Pakistan
the
by other
as the
to curb
irresponsible
with
the
United
the
nationals
the
war
who
of 1965
threats.
which,
the
of the
influential
to permit
during
such
Bill
a speech
accept
In view
to time
as the
movement
in
resolutions
international
the
in
not
Government
to
accordance
of
Madhok,
of Jammu and Kashmir
of
an extraordinary
1948
Indian
territory
The
who did
to Pakistan.
time
t0 the
deteriorating
Balraj
be dismissed
significance
Parliament
resolution
from
by the
Indian
Part III
of the
7.
Pakistan
of 13 August
Mr.
territory,
migrate
out
cannot
the
creates
India)
of the
of thousands
Azad
self-determination
Nations,
should
held
refusal
tens
in
Muslims
statement
of the
refuge
by
Times
for
United
of
The
lends
The adoption
the
have
of an extremist.
The people
of oppression
party
that
Madhok's
Mr.
campaign
political
as a part
Indian
September
stated
threats
utterance
bring
1967.
fact
similar
also
Jammu and Kashmir
Jammu end Kashmir
that
to
since
(a major
recently
necessary
facts.
Indian-occupied
to a renewed
of Jan Sangh
Srinagar
my Government
considers
it
Council
certain
pertinent
report
of
Jammu and
adopted
by the
situation.
Nations
Commission
for
India
and
reads:
"The Government
of India
and the Goverrment
of Pakistan
reaffirm
their
wish
that the future
status
of the State of Jammu and Kashmir
shall
be determined
in accordance
with the will
of the people
and to that end, upon accept.ance
of the Truce Agreement,
both Governments
agree to enter
into consultations
with the Commission
to determine
fair
and equitable
conditions
whereby
such
free expression
will
be assured."
Paragraph
for
India
1 of the
and Pakistan
supplementary
of
resolution
5 January
1949,
of the
United
Kations
Commission
reads:
"The qllestion
of the accession
of the State of Jammu and Kashmir
to India
or Pakistan
will
be decided
through
the democratic
method of a free and
impartial
plebiscite."
These
8.
international
resolutions
agreement
were
in
accepted
regard
by bot,h
to
the
India
disposition
and Pakistan
of the
State
and constitute
an
of Jammu and
Kashmir.
,‘.. .
The Indonesian question (see S/7382)
9. Voting procedure in the Security Council (see S/7382)
10. Reports on the strategic Trust Territory
of the Pacific Islands pursuant to
the resolution
of the Security Council of 7 March 1949 (see S/7382)
11.
Application
for membership (see S/7382, s/7564 and s/8301)
12.
The Palestine question (see s/7382,
s/7441,
s/7452,
s/7564,
s/7570,
s/7596
and s/7600)
13.
The India-Pakistan
question (see S/7382)
14.
The Czechoslovak question (see S/7382)
15.
The question of the Free Territory
of Trieste (see s/7382)
16. The Hyderabad question (see S/7382)
8.
67-32027
/ .. .
S/6315/Rev.
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Knglish
Pas 3
such, the agreement takes precedence over any proviSion
of domestic law,
To
prevent
its
fulfilment
is,
constitutional
or other, of the parties involved.
therefore,
a serious violation,
on the part of India, of its undertaking to fulfil
The
in good faith, its obligations
under the Charter of the United Nations.
matter becomes much graver when India compounds the breach of its international
commitment by adopting punitive legislation
aga3nst the people of Jammu and Kashmir
for demanding that the international
agreement between India and Pakistan, under
the aegis of the United Nations, recognising their right of self-determination,
be
implemented.
10. In conclusion, it must be mentioned that the Government of Pakistan has
proposed negotiations
to achieve a Just and honourable settlement of the dispute
concerning the disposition
of Jammu and Kashmir. Until such negotiations
are held
and come to fruition,
the minimum requirement is that both parties refrain from
any act which aggravates the situation.
11. My Government deeply regrets that, by intensifying
the suppression of the
people of Jammu and Kashmir, the Government of India is preventing the promotion
of a propitious
climate for negotiations
between the two countries for a
settlement of the Jammu and Kashmir dispute.
12. I shall be grateful if this letter is circulated
as a Security Council
document.
Please accept, etc.
13.
9.
AS
(Siened)
A. SHAH1
Ambassador Extraordinary
and Plenipotentiary
Permanent Representative of Pakistan
to the United Nations