Statement by Dr. Diyar Khan Counsellor Permanent Mission of Pakistan to the UN on Agenda Item 67: Rights of peoples to self-determination and Agenda Item 66: Elimination of racism, racial discrimination, xenophobia and related intolerance at the Third Committee of 69th Session of UN General Assembly New York (3 November 2014)

Madam Chairperson,

My delegation appreciates the continued attention at the United Nations on the universal realization of the peoples right to self-determination.

We thank the Secretary General for his report to the 69th General Assembly, which outlines the ongoing efforts at the Human Rights Council and the relevant treaty bodies to promote implementation of this fundamental human right in various parts of the world.

Madam Chair,

Sanctified by the UN Charter and the two basic covenants on human rights, the right of peoples to self-determination has been established as a jus cogens of the international law. The 1993 World Conference on Human Rights recognized that denial of the right to self-determination constitutes a violation of human rights and stressed the need for its universal implementation. Since then, all international human rights conferences and summits of world leaders have reaffirmed the fundamental significance and continued validity of the right to self-determination.

The Declaration on Granting Independence to Colonial Countries and Peoples declared that the lack of exercise of right to self-determination by colonial countries prevented international cooperation and impeded socio-economic development. The extensive exercise of this right during the last century closed the dark chapter of colonization and enabled the emergence of several nations as sovereign members of the United Nations.

Yet the struggle for the universal realization of the right to self-determination did not end with decolonization. There are many non-self governing territories and people still living under foreign occupation and alien domination who aspire to exercise this fundamental human right in the 21st century. In his recent report to 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 universal implementation.

Madam Chair,

In order to be genuine and indisputable, the exercise of the right to self-determination has to be in line with some basic principles. First and foremost, the right to self-determination must be exercised in an environment free from coercion or duress. Electoral processes conducted in situations of foreign occupation or alien domination do not reflect the true wishes of the people. Secondly, the right to self-determination is contingent upon the aspirations of the people and does not lapse with the passage of time. Terrorism is a scourge of our times and must be combated in all its forms and manifestations. However, the right to self-determination cannot be set aside by allegations of terrorism. International community should also pay equal attention to state terrorism and the use of mercenaries for suppression of peoples right to self-determination.

Mr. Chairman,

The UN Security Council resolutions on Jammu and Kashmir clearly 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”. It is regrettable that decades after adoption of these resolutions, the people of Jammu and Kashmir remain deprived of their fundamental right to self-determination. They continue to face widespread repression and human rights violations, which have been documented by independent international human rights organizations.

In his statement to the 69th Session of the General Assembly, the Prime Minister of Pakistan urged the international community to resolve the issue of Jammu and Kashmir on the basis of Security Council resolutions and the aspirations of Kashmiri people. The Prime Minister also expressed Pakistan’s readiness to engage in serious and meaningful negotiations and urged India to resume the composite dialogue process to find a negotiated and peaceful solution to the issue of Jammu and Kashmir.

Madam Chair,

Pakistan has consistently opposed all forms of racism and xenophobia. Racism, in whatever form and shape, is against the dignity of mankind and is inconsistent with fundamental human rights. Racism impedes international cooperation and poses a serious challenge to social stability, economic development and international peace and security. The Durban Declaration and Programme of Action provides an effective platform to comprehensively tackle racism, xenophobia and related discrimination. The UN Declaration of 2011 reaffirmed the need for mobilizing political support to expedite the implementation of the Durban commitment and to place victims of racism at the centre of the measures to promote equal opportunity, openness and inclusion.

Regrettably, the scourge of racism continues to rear its ugly head from time to time. Discrimination on the basis of religion is one of the contemporary forms of racism. Faith-based discrimination, stereotyping of people on basis of belief, and incitement to violence through hate speeches and acts of desecration are not only inconsistent with human rights and freedoms but also jeopardize global peace and security. In order to stem this new trend of racism, Member States should put in place effective legal and administrative remedies, in accordance with UN GA Resolution 68/169, to effectively prevent all acts of faith-based discrimination and incitement to religious hatred.

Sports are an excellent means of promoting equality and peace among nations and individuals. The use of racist remarks during sports competitions is a dangerous trend which should be addressed urgently.

Madam Chair,

Inter-religious and inter-cultural dialogue promotes respect for religious and cultural diversity and should be strengthened at all levels. To this end, Pakistan values the important role of the UN Alliance of Civilizations and all other international efforts for promoting greater dialogue and understanding among all religions and civilizations of the world on the basis of equality and mutual respect.

I thank you.