Altaf Hamid Rao.
MIRPUR (AJK): President of Jammu and Kashmir Council for Human Rights (JKCHR) Dr. Syed Nazir Gilani currently on a visit of Pakistan and Azad Jammu Kashmir Friday welcomed the interest of France on the situation in Indian occupied Kashmir.
JKCHR president said that, Kashmir is not a bilateral territorial dispute as stated by the Ambassador. It is contrary to the statement made by France at the “539th meeting of the UN Security Council held on 30 March 1951. Dr. Nazir Gilani has pointed out the French position which stated, “Resolutions of 13 August 1948 and 5 January 1949, to which we must always return because they won the express agreement of both India and Pakistan. If the parties are unable to reach agreement on the plan submitted to them, provision is made for arbitration, and, to make assurance doubly sure, arbitration is to be carried out b by an arbitrator or panel of arbitrators appointed not by a political body but by the President of the International Court of Justice.”
Dr. Nazir Gilani said that “The Jurisprudence of Kashmir Case in the “The recognition of the rights and dignity, the security and the self-determination of these historic people of Jammu and Kashmir, under the auspices of the United Nations” has been enriched and perfected by the contributions made by Argentina, USA, UK, France, Norway, Columbia, Australia, Syria, Norway, Cuba and China during the debates on “the Jammu and Kashmir Situation” and later “the India-Pakistan Question” at the UN Security Council.
JKCHR President said, that bilateral engagement is a component in article 33 of UN Charter, but it would be article 103 that would restrain infinite futile engagement and failure in the bilateral dialogue. He pointed out that Document III submitted by Pakistan on 15 January 1948, to the UN Security Council, containing Particulars of Pakistan’s Case has admitted that “They have already unsuccessfully tried over a period of many months to seek a solution of the disputes between the two Dominions by the methods described in Article 33 of the Charter.”
Dr. Nazir Gilani said that France should not only honour her commitments made at the UN Security Council but also highlight the “positive duty” of the Security Council, pointed out in respect of Jammu and Kashmir Situation in February 1957. United States of America was the first UN Security Council member to address the question of a “Positive Duty of the Security Council”. United States of America at the 768th meeting of the UN Security Council held on 15 February 1957 pointed out that Security Council had a ‘positive duty’ and “unless the parties are able to agree upon some other solution, the solution which was recommended by the Security Council should prevail.”
JKCHR President asked French Ambassador’s attention to Para 26, where United States of America has said, “Thus the Council again has a positive duty to assist the parties in finding a just and equitable solution. The Security Council’s overriding endeavour in connexion with Kashmir has always been to secure an amicable settlement acceptable to both parties. In doing this, it has sought to build upon the gains which have been made in the past and upon agreements which have been reached by the parties. As the Secretary of State of the United States said on 5 February1957at a press conference.”
Dr. Nazir Gilani expressed hope that France will honour its commitments and the principle of ‘positive duty’ of UN Security Council, in respect of right of self-determination of the people of Jammu and Kashmir.