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items-in-lndia/Pakistan/Bangladesh - chronological files -

Date Created 11/02/1974

Record Type Archival Item

Container S-0900-0006: India/Pakistan/Bangladesh 1971-1977

Print Name of Person Submit Image Signature of Person Submit Wl/mk bf. filing: IK/GH/AP/TR cc: E Mira

3O September 1974

My dear Mr. Minister, I should like to take this opportunity to express my sincere appreciation for your kind and generous remarks when you addressed the X- ' General Assembly, f^ You may be certain of Jny continued efforts for international peace and security, and I am / / "indeed grateful for your support and co-operation. With highest regards, I an*, Yours sincerely,

Kurt Waldheira

His Excellency Mr. Sardar Swaran Singh Minister of External Affairs of India New Delhi "Pouctt 3 East 64th Street, New York, N. Y. 10021 • Tel. 879-7800

PLEASE CHECK/ 4JAINST DELIVERY ^VT~

STATEMENT BY H.E.SARDAR S^v'ARAN SINGH

MINISTER OF EXTERNAL AFFAIRS OF INDIA

IN THE GENERAL ASSEMBLY

OH SEPTEMBER 26, 1974 Mr. President,

I have already had occasion to congratulate you on your unanimous election, and also to -welcome the three new members to our Organisation. On the present occasion I am happy to convey to our distinguished Secretary-General, Dr. Kurt Waldheim, our appreciation of his ceaseless endeavours in the cause of peace and in the fulfilment of the principles and purposes of our Charter. We are fortunate indsed in having him as our Secretary-General today, when his views are needed on collective and cooperative action to tackle the diverse and urgent problems facing mankind at present..

2. Mr. President, in the 29 years of its existence the has come to represent the overwhelming majority of the peoples and nations of the world.

While this is indeed a matter for satisfaction, it is the few remaining areas of darkness that command

our attention ... - 3 - with Pakistan by peaceful and bilateral means. Moreover, both countries have resolved iinat past policies of confrontation and conflict are banished for ever. "We hope, therefore, that whatever misconception has arisen in Pakistan about this experiment will be replaced after cool reflection by more objective and realistic assessment. India has always supported development of cooperation amongst countries of this region on the basis of sovereign equality. Pakistan's allegations of hegemonistic designs have no basis at all and are, to say the least, uncharitable."

We respect the views expressed here by most delegations although it is obvious that those views are a consequence of the mistaken assumption that the technology developed by India is for other than peaceful purposes. I am grateful to ray very distinguished and good friend, Ambassador Clark of Nigeria, for his statement this morning, in which he took note that the Indian Government has declared its intention to use this newly-acquired capability solely and exclusively for peaceful purposes. I can assure him and others that this remains the case. Another point I would like to make, Mr. Chairman, in the light of the arguments given here and expressions of concern which we have heard that apart from not violating any of our international obligations, we have not violated any bilateral agreement that we have entered into. Mr. Chairman, some of the important points made in Ifc •• 1.

PERMANENT REPRESENTATIVE OF INDIA - ' '' TO THE UNITED NATIONS 3 EAST 64TH STREET NEW YORK. N. Y. IOO21

September 17, 1974.

Excellency,

I have the honour to forward a letter dated 15th September, 1974, from the Minister of External Affairs of India, H.E. Sardar Swaran Singh, which is addressed to you regarding the Government of India's position on the General Act of 1928. I shall be grateful if Your Excellency could kindly arrange to circulate this communication to all the Members of the United Nations. Accept, Excellency, the assurances of my highest consideration.

(Rikhi Jaipal) Ambassador

H.E, Dr. Kurt Waldheim, Secretary-General of the United Nations, New York.

End, c «- ' o ' (• A /

PERMANENT REPRESENTATIVE OF INDIA TO THE UNITED NATIONS 3 EAST 64TH STREET NEW YORK. N.Y. 1OO21

yfir September 17, 1974. 3k Excellency,

•».- : ^.A£~ I have the honour to forward a -srt,-. letter dated 15th September, 1974, from the Minister of External Affairs of India, H.E. Sardar Swaran Singh, addressed to you containing the Declaration of the Government of the Republic of India about the jurisdic- tion of the International Court of Justice. I shall be grateful if Your Excellency could kindly arrange to circulate this communication to all the Members of the United Nations and to the parties to the Statute of the Court. Accept, Excellency, the assurances of my highest consideration.

(Rikhi Jaipal) Ambassador

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H.E. Dr. Kurt Waldheim, Secretary-General of the United Nations, New York.

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***•*>>* ' New Delhi, September 15» 1971*.

Excellency, I have the honour to refer to a communication Bb.C.M.157-Treaties-3 dated 25th July, 197^ from the Legal Counsel of the United Nations, with which was enclosed a letter from the Prime Minister of Pakistan dated 30th May 1971*-, which was deposited with the Secretary-General on 12th July 2, In the aforementioned communication, the Prime Minister of Pakistan has stated, inter alia, that as a result of the constitutional arrangements made at the time when India and Pakistan became independent, Pakistan has been a separate party to the General Act of 1928 for the Pacific Settlement of International Disputes from the date of her independence i.e. iMsh August 19^7, since in accordance with Section *f of the Indian Independence (International Arrangements) Order, I9*f7, Pakistan I succeeded to the rights and obligations of British India | under all multilateral treaties binding upon her before * her partition into the two successor states. f The Prime Minister of Pakistan has further stated that accordingly, the did not need to take any steps to communicate its consent de novo to acceding to multilateral conventions by which British India had been bound. However, in order to dispel all doubts in this | connection, the Government of Pakistan have stated that \ they continue to be bound by the accession of British India j of the General Act of 1928. The communication further adds \ that "the Government of Pakistan does not, however, affirm the reservations made by British India". 3» In this connection, the Government of India has the following observations to make: (1) The General Act of 1928 for the Pacific Settlement of International Disputes was a political agreement and was an integral part of the League of Nations system. Its efficacy was impaired by the fact that the organs of the League of Nations to which it refers have now disappeared. It is for these reasons that the General Assembly of the United Nations on 28 April, I9*f9 adopted the Revised General Act for the Pacific Settlement of International Disputes. (2) Vftiereas British India did accede to the General Act of 1928 by a communication of 21 May 1931, revised on 15 February, 1939? neither India nor Pakistan, into which British India was divided in 19^7, succeeded to the General Act of 1928, either under general inter- national law or in accordance with the provisions of the IndianJEndependence (International Arrangements) Order, 2 s-

(3) India and Pakistan have not yet acceded to "the Revised General Act of Neither India nor Pakistan have regarded themselves •>. as being party to or bound by the provisions of the ' General Act of 1928. 3nis is clear from the following: (a) In 19^7, a list of treaties to which the \ Indian Independence (International Arrangements) i Order, 19^7 was to apply was prepared by "Expert Committee Wo.9 on Foreign Relations". Their report is contained in Partition Proceedings, Volume III, - pages 217-276. The list comprises 627 treaties in ; force in 19^-7* The 1928 General Act is not | . included in that list. The report was signed f by the representatives of India and Pakistan. \ India should not therefore have been listed in any record as a party to the General Act of 1928 since 15 August (b) In several differences or disputes since 19^7 j such as those relating to the uses of river waters or the settlement of the boundary in the Hann of Kutch area, the 1928 General Act was not relied upon or cited either by India or by Pakistan. (c) In a case decided in 1961, the Supreme Court of Pakistan while referring to the Indian Independence (International Arrangements) Order, 19^7 held that this Order "did not and, indeed, could not provide for the devolution of treaty rights and obligations which were not capable of being succeeded to by a part of a country, which is severed from the parent State and established as an independent sovereign power, according to the practice of States". Such treaties would include treaties of alliance, arbitration or commerce. The Court held that "an examination of the provisions of the said Order of 19^-7 also reveals no intention to depart from this principle", (d) Statements on the existing international law of succession clearly establish that political treaties like the 1928 General Act are not transmissible by succession or by devolution agreements. Professor O'Connell states as follows: "Clearly not all these treaties are transmissible; no State has yet acknowledged its succession to the General Act for the Pacific | Settlement of International Disputes" (1928). (State Succession in Municipal Law and International f Law, Vol.11, 1967, page 213). See also Sir f Humphrey Waldock's Second Report (article 3) and g-. 3 :-

Third Report (article 6 and 7) on State Succession submitted to the International Law Commission in 1969 and 1970, respectively; Succession of States and Governments. Doc. VCNA/1^9-Add.1 and A/CH.V150 - Memorandums ~~ prepared by UN Secretariat on 3 December 1962 and 10 December 1962, respectively; and Oscar Schachter, "The Development or International Law through Legal Opinions of the'United Nations Secretariat", British Tear book of International Law (19*f8) pages 91, 106-107. (e) The Government of Pakistan had attempted to establish the jurisdiction of the International Court of Justice in the Trial of Prisoners of War case in May 1973 and in that connection, as an alternative pleading, for the first time cited the provisions of the General Act of 1928 in support of Court's jurisdiction to deal with the matter. Although the Government of India did not appear in these proceedings on the ground that their consent, required under the relevant treaty, had not been obtained before instituting these proceedings, their views regarding the non-application of the General Act of 1928 to India-Pakistan were made clear to the Court by a communication dated k- June 1973 from the Indian Ambassador at The Hague. k* To sum up, the 1928 Geneial Act, being an integral part of the League of Nations system, ceased to be a treaty in force upon the disappearance of the organs of the League of Nations. Being a political agreement it could not be transmissible under the law of succession. Neither India nor Pakistan have regarded themselves as bound by the General Act of 1928 since 19^7. The General Act of 1928 was not listed in the list of 627 agreements to which the Indian Indpendence (International Arrangements) Order, 19^-7 related, and India and Pakistan could therefore not have been listed in any record as parties to the 1928 General Act, Nor have Pakistan or India yet acceded to the Revised General Act of 5» The Government of Pakistan, by their communication dated 30 May. 197^, have now expressed their intention to be bound by the General Act of 1928, without the reservations made by British India. This new act of Pakistan may or may not amount to accession to the General Act of 1928 depending upon their wishes as a sovereign State and the position in international law of the treaty in question. In view of what has been stated above, the Government of India consider that Pakistan cannot, however, become a party to the General Act of 1928 by way of succession under the Indian Independence (International Arrangements) Order. 19^7, as stated by Pakistan. r

MINISTER OF EXTERNAL AFFAIRS, INDIA

-: :-

Please accept, Your Excellency, the assurances of my highest consideration.

Yours sincerely,

/-, ( Swaran Singh ) ' Minister of External Affairs Government of India

H.E. Mr. Kurt Waldheim, Secretary General of the United Nations, Nev York. il &H 1S13 I I IJ. , September 15,

Excellency, : .!. "•".". :. ,.'.. ,._:. I have the honour to declare, on behalf of the Government of the -Republic of India, that they accept, in conformity with paragraph 2 of Article 36 of the Statute of the Court, until such time as notice may be given to terminate such acceptance, as compulsory j-nso facto and without special agreement, and on the basis and condition of reciprocity, the jurisdiction of the International Court of Justice over all disputes other than : . •„. (1) disputes in regard to which the parties to the dispute have agreed or shall agree to have recourse to some other method or methods of settlement; -- (2) disputes with the government of any State which is .; ..- or has been a Member of the Commonwealth of Nations; --'.-* £ -'.... § •- (3) disputes in regard to matters which are essentially within the domestic jurisdiction of the Republic of India; j (If) disputes relating to or connected with facts or ; •-_.-• situations of hostilities, armed conflicts, I individual or collective actions taken in self- defence, resistance to aggression, fulfilment of obligations imposed by international bodies, and other similar or related acts, measures or situations in which India is, has been or may in future be involved; j disputes with regard to which any other party to F a dispute Has accepted the compulsory jurisdiction | ' .of the.International Court of Justice exclusively \ . ~ • for or in- relation to :the purposes of such dispute; ? - ; or where the acceptance of the Court's compulsory I jurisdiction on behalf of a party to the dispute j was deposited or ratified less than 12 months prior ] to the filing of the application bringing the " dispute before the Court; (6) disputes where the jurisdiction ~of the Court is or may be founded on the basis of a treaty concluded :.. /under the auspices of the League of Nations, unless the Government of India specially agree to jurisdiction in each case; (7) disputes concerning the interpretation or application of a multilateral treaty unless, all the parties to the treaty are also "parties to the case before the -. Court or Government of India specially agree to jurisdiction;

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(8) disputes with the Government of any State with which, on the date of an application to bring a dispute before the Court, the Government of India has no diplomatic relations or which has not been recognised ... .. by the .Government of India; . (9) disputes with non-sovereign States or territories; disputes with India concerning or relating to : '(a) the status of its territory or the modifica- _, . tion or delimitation of its frontiers or •; '-' any other matter concerning boundaries; :(b) the territorial sea, the continental shelf and the margins, the exclusive fishery zone, the exclusive economic zone, and other zones -"• of national maritime jurisdiction including . for the regulation and control of marine . :; pollution and the conduct of scientific '•- ^research by foreign vessels; (c) the condition and status of its islands, bays and .gulfs and that of the bays and gulfs • ' that for historical reasons belong to it; (d) the airspace super;]acent to .its land and ".'." ^ .maritime territory; and - (e) the" determination and delimitation of its maritime boundaries". disputes prior to the date of this declaration, - •'":.;. ; including any dispute the foundations, reasons, : -:~ ;. ''facts, causes, origins, definitions, allegations '.-.....I-',. . ', or bases of which existed prior to this date, ••';•/-•-'-• .;• -even if they are submitted or brought to the ,. ". ," ;; , knowledge of the Court hereafter. 2. " This declaration revokes and replaces the previous declaration made by the Government of-India on iVth September 1959. .-;.;,: ... 3 , I shall be grateful if.Your Excellency could kindly arrange to circulate this communication to all the Members of the United Nations and to the parties to the Statute of the Court. . • ' - ' :.;. * Please accept, Your Excellency, the assurances of my highest consideration. '—••-'- ;"J • Yours sincerely,

(Swaran H.E. Mr. Kurt Waldheim, Minister of External Affairs. TTn-lt.pr? Notes on a meeting held in the Secretary-General's /^ A office on Friday, 2O September 1974. at 4.30 p.m. '

Present: The Secretary-General H.E. Mr. Sardar Swaran Singh, Minister for Foreign Affairs of India H.E. Mr. Rikhi Jaipal, Permanent Representative of India Mr. I. Kittani

The Minister for Foreign Affairs began the conversation by referring to the Cyprus situation and said that things had bogged down with the exception of the Clerides/Denktash talks. The Secretary-General outlined his assessment of the situation, the positions of the different parties and the various issues involved. He expressed the hope that the political talks between the leaders o± the two countries would pave the way for wider talks leading to a settlement. Reference was made to the role of UNFICYp. The Secretary-General thanked the Minister for Foreign Affairs for the role being played by the force commander, General Chand. The chances of a resumption of talks were not very good for the time being. It was pointed out that the role of the non-aligned group in the Security Council was weaker this year than last when India and Yugoslavia were members. The Secretary-General expressed concern about the Middle East situation. Despite the two disengagement agreements, nothing of substance has changed. Talks, when resumed, will be extremely difficult. Reference was made to the inscription of Palestine in the General Assembly and the renewal of the mandate of UNEF and UNDOF. Next year will be a dangerous one if there is no movement in the next few months. On the other hand, the next phase of the Geneva Conference must be preeeeded by careful preparation. The Minister for Foreign Affairs remarked that he saw signs of hardening of the Israeli position. The Secretary-General said this might be tactical although passions were very high. regarding the subcontinent The Foreign Minister said that not much was new/ India was distressed that Prime Minister Bhoto cancelled the technical talks but India "kept her cool". Finally,the talks were resumed and have settled the issue of communications and travel between the two countries. The next step is up to Bhuto. India1a policy is to pursue complete normalization of relations. India was not at all happy about the request by Pakistan for an item on the Nuclear Free Zone without any consultations with \ •••"•• . ' I. - 2 - j

fi

India or the other countries of the region. The purpose of ! this is obviously to embarrass India but the latter will not be (- dissuaded from its programme of developing nuclear power for f peaceful purposes. The Simla agreement provides that neither | power should use force to solve any dispute between them | and the path of peace is to develop relations between the two f countries by the implementation of the agreement. f

cc: GH/AP Mrs. Mira

INDIAN DELEGATION TO THE CONFERENCE OF THE COMMITTEE ON DISARMAMENT

STATEMENT BY AMBASSADOIL-BRMEBH C. KISHRA, LEADER OF THE INDIAN DEkBfrflTIQN TO THE7 CONFERENCE OF THE COMMITTEE ON/DISARMAMENT , ON THURSDAY, MAY 2^,

Mr. Chairman,

I should like to recall my statement of May 21 in which I had quoted from the announcement made by the Indian Atomic Energy Department, in regard to the peaceful nuclear explosion. I should like to read that announcement again and later on -we shall be requesting the Secretariat to issue it as a document of the CCD. The announcement was and I quotes "The Atomic Energy Commission, Government of India, announced today that it carried out a peaceful nuclear explosion experiment using an implosion device. The explosion was carried out at a depth of more than 100 metres. "As part of the programme of study of peaceful uses of nuclear explosion, the Government of India had undertaken a programme to keep itself abreast of developments in this technology, particularly with reference to its use in the field of mining and earth-moving operations. "The Atomic Energy Commission, Government of India, also stated that India had no intention of producing nuclear weapons, and reiterated its strong opposition to military uses of nuclear explosions." Mr. Chairman, I should also like to read out, and later request the Secretariat to issue it as a

document.. .2 - 2 - document, a statement made by the Minister of External Affairs of India, Sardar Swaran Singh., on the same question. This statement was made on May 21 and reads as follows^ "We are very happy to note that the peaceful nuclear experiment which took place on May 18, 197^ represents a step forward on the road to peaceful uses of nuclear energy for the welfare of our people. I would like to congratulate our scientists and others -who have made possible this achievement by our country. This experiment is an important landmark in the development of nuclear technology for peaceful and economic uses. We have no intention of developing nuclear weapons. "Indian scientists and. technologists have been active in this field for two decades; and it is well-known that already two atomic power plants are supplying nuclear energy into our national power grid for the use of our people. The present experiment is important because it represents our resolve to develop our indigenous resources of energy for the benefit of our people through our own efforts. In performing this scientific test, India has not violated any of her international obligations. We are heartened by the enthusiastic support which we have received in this endeavour from countries of the developing world. "It is singularly unfortunate that the peaceful nature of this nuclear experiment of ours should be misconstrued and misread in Pakistan. Apprehensions aroused in Pakistan are unfounded. We value our commitment under the Simla Agreement to settle all our differences

with....3 this Committee on Tuesday and today were the following; (a) Some delegations were opposed to any nuclear test by any country, whether peaceful or otherwise . (b) As there was no difference between a peaceful explosion and a weapons test, this was a step towards nuclear proliferation. The parties to the NPT should, therefore, regret this peaceful experiment also. (c) The Indian peaceful nuclear explosion was a threat to the detente which had emerged on the Indian sub-continent.

I shall be very brief in replying or clarifying as far as these points are concerned. I have already made a statement on Tuesday the 21st of May indicating the position of the Government of India on this issue. Today, I have read to you the statement of our Foreign Minister on this very subject. In regard to the point of no testing anywhere by any country, I should like to say that international opinion as reflected in the various U.W. resolutions clearly speaks of nuclear weapon testing. I may repeat the word 'weapon1 . Throughout these years the General Assembly has been referring to the testing of nuclear weapons and acquisition of weapons capabilities in the nuclear arms race. It would not, therefore, be correct to say that India had acted or has acted in contravention of international opinion. The distinguished delegates who have said that they are opposed to all nuclear testing have, in fact, supported these very U.N. resolutions which make a clear distinction between peaceful nuclear explosions and weapons tests by adopting the terminology nuclear weapons tests. It is even more surprising to hear from some of the signatories and parties

to the „ . .5 - 5 - to the WPT that they are against all nuclear explosions. The HPT permits the nuclear weapon *ountries to carry out peaceful nuclear explosions. Nor does that Treaty prohibit them from conducting tests for weapons purposes. Mr. Chairman, in regard to proliferation of nuclear weapons, the term is self-explanatory. Since my Government has made it very clear that the experiment carried out was for peaceful purposes and that the Government of India remains firmly committed to the policy of using nuclear energy solely for peaceful purposes, we do not understand how we are accused of contributing to proliferation of nuclear weapons. In regard to the objection that peaceful nuclear explosions involve the same teahnology as nuclear weapons explosions, being a non-technical man I -would not like to get involved in the technical details. We have been talking about chemical agents in this Committee, that some used for warfare purposes are indistinguishable from those which can be used for peaceful purposes. Has any delegate here thought of discontinuing the peaceful uses of chemical agents? No, in fact, there is a draft convention before the Committee in which provision is made for permitting the use of such agents for peaceful purposes. It is, therefore, unfortunate that the peaceful nature of this nuclear experiment should be misconstrued and misread by some delegations. Mr. Chairman, in regard to the detente in the

sub-continent.. .6 - 6 - sub-continent and normalisation of relations in the sub- continent, I have already read out the statement by our Foreign Minister. I should also like to bring to the notice of this very distinguished gathering one other point of information, one other fact. The Prime Minister of India has sent .a letter to the Prime Minister of Pakistan assuring him, inter-alia , that we remain fully committed to our traditional policy of developing nuclear energy resources entirely for peaceful purposes and that the recent underground nuclear experiment conducted by our scientists in no way alters this policy. Every country has the right to develop its natural resources particularly when the present difficulties in raw materials and energy resources have demonstrated that tapping of all forms of energy resources is essential to our survival. India has advanced sufficiently in nuclear research to develop its nuclear technology for the utilisation of its indigenous resources for peaceful and economic purposes. The Prime Minister has also assured the Prime Minister of Pakistan that we remain committed to settle all our differences with Pakistan peacefully through bilateral negotiations in accordance with the Simla Agreement under which both countries have resolved to break away from the past history of confrontation and conflict and work to develop normal relations and establish durable peace. She has said that there is no reason whatsoever

to give up...7 - 7 - to give up this healthy trend on the part of either country merely because India has conducted a test for the peaceful uses of nuclear energy. Mr. Chairman, I hope the distinguished representatives here will take note of these statements both in regard to our peaceful intentions and in regard to our desire, fervent desire, to continue to normalise relations with Pakistan. Mr. Chairman, we have seen the CCD documents H22 and ^23 and we are somewhat pained at reading them. In one of the documents, there is an attempt to portray a picture of lack of restraint on the part of India in conducting this peaceful explosion. Mr. Chairman, as the whole world knows, India has been in a position to manufacture nuclear weapons, if it so desired, for several years now. It is out of a sense of responsibility and commitment to a principle that the Government has consistently maintained a policy of not using nuclear technology for weapons purposes. This is a show of restraint, not the breaking down of restraint or lack of restraint. We are pained that despite all these assurances of the Government of India, there is a consistent attempt to paint a picjture that there is a new nuclear weapon power—a sixth nuclear weapon power. This is in contrast to the statements of the representatives of Pakistan regarding the nuclear weapon tests conducted by

in the . . .8 - 8 -

in the atmosphere. The Committee is aware that Pakistan has signed but not ratified the 1963 Partial Test Ban Treaty. The former , the late Mr. , is reported to have written a letter to the Chinese Prime Minister, Mr. Chou En-lai, calling the first Chinese blast as "a most impressive achievement". Pakistan's Foreign Minister, Mr. , was quoted by the People's D,,ily of Peking as having said in a banquet speech in Shanghai on 28th October, 19662 "The Chinese missile nuclear weapon tests have been a significant achievement showing the progress of Chinese science and justifying the pride of the Chinese people in achieving success in a relatively short time." The Chairman of Pakistan Atomic Energy Commission, Mr. I.E. Usmani, made the following laudatory remarks on March 10, 1966 on the third Chinese nuclear weapon test in the atmospheres "The Chinese third bomb explosion, less than two years after the first one, shows that the laws of nature are truly universal and their development into technology ..» could not be the preserve of a few countries It also shows that the Asian scientists can rise to any level and work on the frontiers of knowledge in the most sophisticated fields." Mr. Chairman, I have had the great pleasure of having worked with His Excellency Mr. .Agha Shahi who is amongst us here today and I join previous speakers in

welcoming...9 - 9 -

welcoming him here „ W.: have worked together in New York on the Arab-Israeli conflict- on Decolonisation, on apartheid in South Africa and I hope he remembers those days, I certainly cherish those memories. It is, therefore, with deep regret that I heard him make the astounding comparison between India on the one hand and Israel and South Africa on the other. \l: had hoped thafi after the conclusion of the Simla Agreement in 1972 and other agreements since then, excesses of language will be avoided. Even first reactions to events mistakenly regarded as unfavourable would be expressed with moderation and I still cherish that hope. We still hope that this will be the method, the way in which we will conduct our "relations. Finally, Mr. Chairman, the distinguished representative o'j: Pakistan, His Excellency Mr. Agha Shahi, has also raised+ '^^ very important question of ensuring the security of all countries not having nuclear weapons. As a non-nuclear weapon country., we feel that this problem needs very careful examination so that a solution could be found which would be non-discriminatory. What we mean is that the protection granted should not be confined to certain limited groups of countries such as the parties to the NPT, but should encompass all the countries which do not have the means to defend themselves against nuclear weapons. At the appropriate time we should be willing to join other delegations to discuss and views on this subject with the Delegation of Pakistan. Notes on a meeting held in the Secretary-General1s office on Friday, 19 April 1974,, atu 5.30 P.m.. .^^^

Present: Mr. Sardar Swaran Singh, Minister for Foreign Affairs of India Ambassador Sen, Permanent Representative The Secretary-General Mr. Ismat Te Kittani

The Foreign Minister began the conversation by referring to the recent New Delhi agreement which provides for a solution of outstanding humanitarian matters/ and he thanked the Secretary- General for his message on this occasion. He also expressed his thanks for United Nations assistance in transporting people from and to Bangladesh. The Secretary-General said he was very happy about the agreement and that while there might be some problems, the transportation assistance under the aegis of the High Commissioner for.Refugees will continue. The Foreign Minister said that only about 6,OOO Pakistani POWs were left in Indiaa He stressed that India vras glad to .. have resisted all attempts to make public the names of the 195 prisoners who, until the New Delhi agreement, were to stand trial. In view of their release and repatriation, it would have been unfortunate if their names had been released. Normalization of relations between Pakistan and Bangladesh was moving at a fast pace, and there might be an exchange of ambassadors, .before this step is taken between India and Pakistan. The latter two countries are discussing specific questions relating to restoration of communications between the two, and other matters-. in answer to a question from the Foreign Minister, the Secretary-General expressed the feeling that Bangladesh will be a*<9mitte&-4i© the United Nations at the 29th regular session, because the grounds for the Chinese veto may not now be valid. _The Foreign Minister asked about the work of the Special Session. The Secretary-General thanked the Foreign Minister few: coming in person and said that things did not look too good at the present time. In the last few days a number of delegations many regions had asked him to use his good offices. - 2 -

The Secretary-General then reviewed briefly three possibilities? namely, a declaration by the assembly, a programme of action, and the establishment of an emergency fund to help the most affected countries. He stressed the need to reach agreement on the latter point and to provide for follow- up action on all other matters contained in the programme of action. Finally, the Foreign Minister asTced the Secretary-General's opinion on whether the price of oil would go even higher. The Secretary-General said that in his opinion while no increase is expected in the foreseeable future, neither: is a decrease foreseen.

?s Mir a GH/AP ccs EM ccs MSV Urquhart BEU/mh bef.filing IK/GH/AP II April 1974

Sen, X should &© grateful if you would convey to Her Excel Xeacir* Prime Minister £ncti£a Gandhi the following sssssag© frcsa to express to you personally gratification at the tripartite agreement signed in Hew Delhi on 9 &pril 1974, This act of states- manship will., 2 hope, pave the way for a further aiid coasplefce jsonnalization of the relations of the three great countries of the stab-continent. Accept^ Kadame Prim© ^li.nistear» the assurances of n*y highest consideration".

Yours sincerely,

Waldheim

His Excellency Mr« Sarosr Sen Permanent F^^rssentativs of Inc!c!;i to the United Nations 3 East 64th Street York, M.y, 1C021 . .'p*- '—v

COHFIDENTIAI, 11 February 1974

Notes on a meeting held in the Secretary-General's office on Monday, 11 February 1974 Present: Ambassador Iqbal A. Akhund (Pakistan) The Secretary-General Mr. Ismat T. Kittani

Ambassador Akhund handed the Secretary-General the written message from Prime Minister Bhutto concerning the forthcoming Islamic Conference in Lahore, Pakistan. After reading the note, the Secretary-General enquired whether there had been any response from Prime Minister Sheikh Mujibur Rahman of Bangladesh to the invitation extended to him to attend the Conference. The Ambassador replied that the Secretary-General of the Islamic Secretariat went personally to Dacca with an invitation to Sheikh Mujibur Rahman but he refused the invitation. However, after consultations with Algeria and Egypt, Pakistan has offered the following: Pakistan will grant recognition to Bangladesh "right away" provided Bangladesh gives "a credible undertaking that the trial of the 195 prisoners of war will not be held and that they will be released". He said that several Heads of State, including those of Egypt, Algeria and Indonesia are using their good offices to reconcile the two positions and persuade the Prime Minister of Bangladesh to attend the Conference. One possibility being considered was to invite the two Prime Ministers to meet in Djakarta before the Islamic Conference. The Secretary-General expressed the hope that these efforts would be successful and that the two positions, which are getting nearer to each other, could be reconciled. Ambassador Akhund finally asked whether a message could be sent by the Secretary-General to the Conference in Lahore. The Secretary-General promised that he would.

/ cc Mrs Mira Mr. Urquhart GH/AP C/ /

PAKISTAN MISSION TO THE UNITED NATIONS

PAKISTAN HOUSE

B EAST OSTM STREET

NEW YORK. N. Y. 1OO21

P-01-118/73 11 February

My dear Secretary-General,

I have the honour to convey the folio-wing message addressed to you by Mr. Zulfikar All Bhutto, Prime Minister of Pakistan: Begins: Excellency - During the course of the recent war in the Middle East, the then Secretary-General of the Islamic Secretariat, Tunku Abdur Rahman, proposed the convening of an extra- ordinary meeting of the Muslim heads of state and government to consider the situation. As the Tunku thought it might be useful for him to discuss his proposal with me, I invited him to come to Pakistan. While he was here, we learnt that His Majesty King Faisal supported the idea that Pakistan and Saudi Arabi£ . should co-sponsor an Islamic Summit to be held in Pakistan. I, therefore, agreed to co-sponsor and host the meeting, provided a majority of the heads of Muslim states responded positively. Such a response has been ..forthcoming. About thirty-five Muslim states will attend the Summit, including four or five states from Africa who will join for the first time. Pakistan has made known that it would have no objection to Bangladesh's participation in the Summit, if other members agree. If Shaikh Mujlbur Rahman attends

:• -2-7... - 2 - he v;ill be treated identically with other heads of government. The Islamic Summit will be convened at Lahore from 22 to 24. February 197^. It will be preceded by a preparatory conference of the foreign ministers from 19 to 20 February '74 We believe that., at this time, when the Arab-Israel conflict has once-again been transferred from the battle- field to the conference table, the negotiations are bound to be arduous and protracted and that a meeting of"the kind envisaged to take place at Lahore would provide the heads of state and government of the participating nations with a unique opportunity to lend perspective and balance to the deliberations. It is anticipated that they would, inter alia, discuss the question of the Israeli withdrawal from occupied territories, the liberation of the holy city of Jerusalem and the restoration of the rights of the people of Palestine. These issues lie at the root of the conflict in the Middle East. The morality of each one of them is unambiguous and has been the subject of various resolutions of the United Nations. Mobilisation of public opinion in Muslim states in support of these issues can only strengthen the United Nations.

I am certain that any decisions adopted by the Islamic Summit would be in furtherance of the principles enshrined in the Charter 'of the United Nations and would be none other than those in support of justice, peace and security in the region. The meeting, through its - 3 -

deliberations, would strengthen the resolutions already adopted "by the Security Council and the General Assembly of the United Nations.

Please accept, Excellency, the assurances of my highest consideration. Ends.

Yours sincerely,

His Excellency Mr. Kurt Waldheim, Secretary-General of the United Nations, United Nations Headquarters, New York.