বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (দ্বাদশ খণ্ড)/১১
| শিরোনাম | সূত্র | তারিখ |
|---|---|---|
| জাতিসংঘের ‘সোশ্যাল কমিটি অব দি ইকনমিক এ্যাণ্ড সোশাল কাউন্সিল’-এ ভারতের স্থায়ী প্রতিনিধি সমর সেনের ভাষণ | ভারত সরকারের পররাষ্ট্র মন্ত্রণালয় | ১২ মে, ১৯৭১ |
Statement by Ambassador S. Sen, Permanent Representative of India to the United Nations in the Social Committee of the Economic and Social Council on Agenda item 5(a) Report of the Commission on Human Rights on May 12, 1971.
MR. CHAIRMAN,
My delegation considers it appropriate to participate in the discussion on this important subject. The current report of the Commission indicates in a most explicit manner that the problem of adequate protection of all human rights is still a serious one. Indeed, the report reflects the concern expressed in paragraph 8 of the Commemorative Declaration adopted at the 25th Session of the General Assembly. The relevant sentence reads: “Although some progress has been achieved, serious violations of human rights are still being committed against individuals and groups in several regions of the world. We pledge ourselves to a continued and determined struggle against all violations of the rights fundamental freedoms of human beings, by eliminating the basic causes of such violations, by promoting universal respect for the dignity of all people without regard to race, colour, sex, language or religion, and in particular through greater use of the facilities provided by the United Nations in accordance with the Charter”.
The Charter itself in Articles 1(3), 55(c) and 56, speaks of international cooperation for ensuring greater exercise of human rights. In 1968, which was declared as the International Year for “Human rights, the United Nations, published a booklet entitled ‘Human Rights—A Compilation of International Instruments of the United Nations”. In the last page of this booklet is given a list of 34 instruments dealing with Human Rights. Apart from this list, during the last three years various other documents, declarations and resolutions have also been adopted. For instance, I should mention the Declaration of Social Progress and Development adopted in 1969, the Declaration of the 25th session to which I have already referred, the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations—all these were adopted about only six month ago. Furthermore, the Proclamation of Teheran on Human Rights is also irrelevant. So also is the Geneva Convention of 1949 relative to the protection of civilian persons in times of war. In addition, the General Assembly adopted last year four resolutions 2674, 2675, 2676 and 2677, all of them dealing with the question of human rights in armed conflicts. India has been a member of the Human Rights Commission all throughout the Commission's existence and has expressed concern to the Commission and to the other appropriate forums of the United Nations about all large-scale and organized violations of human rights. All the instruments, I have cited make provisions for discussing the violations of human rights wherever they may occur. The Proclamation of Teheran, adopted unanimously in May 1968, in paragraph 5 says:
“The primary aim of the United Nations in the sphere of human rights is the achievements by each individual of the maximum freedom and dignity. For the realisation of this objective, the laws of every country should grant each individual, irrespective of race, language, religion or political belief, freedom of expression, of information, of conscience and of religion, as well as the right to participate in the political, economic, cultural and social life of his country.”
Unless, therefore, the international community is prepared to examine violations of such obligations undertaken by States and take whatever remedial measures may be necessary, all that we have said for the protection of human rights and fundamental freedoms becomes a mockery. This view has repeatedly been expressed in different forums of the United Nations on many occasions and I am particularly glad to see that Pakistan, through its distinguished representative Ambassador Agha Shahi, while speaking on violations of human rights in colonial Africa and Palestine, stated on this way very item of the agenda at the meeting of the Social Committee held on May 20, 1970;
“There would be and have been other situations in which massive violations of human rights take place which call for examination, investigation and report, if the obligatory provisions of the Charter of the United Nations in regard to human rights and fundamental freedoms are not to become a subject of mockery and purely of academic debates.”
It is in this context and with the greatest anguish the Government of India wish to bring to your attention a current example of violation of human rights on an unprecedented scale in our age of many millions of people. In bringing this to your notice, the foremost consideration which my country has in mind is the need for urgent humanitarian relief measures for these millions of people-many of whom have been coming into India in ever-growing number as refugees. The problem has assumed such proportions and the sufferings of these people have been so enormous that is cannot be a matter of international concern.
In order to understand this tragic human problem it is necessary to explain its causes. This will make it possible for the world community to appreciate the consequences that have followed and to consider urgent measures in order to reduce, if not remove, the suffering of millions of people.
I
The Government of Pakistan have accepted or supported most of the Declarations, Resolutions and Conventions on Human Rights and it must be a matter of deep concern to the international community that in recent weeks these international obligations have been breached as a result of massive military actions take in East Bengal. I do not consider it necessary, at this stage at any rate, to analyse in depth and detail, the unfortunate events that have taken place in that region. The facts are well-known, and basically it is the accumulated frustration of the East Bengalis and the inequalities which they have suffered over the years that have brought about a most tragic situation. These frustrations and injustices, which by themselves could constitute major violations of the many documents I have cited, have led to the present chain of gruesome events in East Bengal. Until late in March this year our hope was that these man-made difficulties would be removed by taking into account the freely expressed wishes of the East Bengalis. But this was not to be the entire democratic process was reversed and a military campaign was launched to wipe out the political consciousness and activities in East Bengal. In broadcast statement on March 26 the President of Pakistan said, among other things:
“I have decided to ban all political activities throughout the country. As for the Awami League it is completely banned as a political party. I have also decided to impose a complete press censorship. Martial law regulations will very shortly be issued in pursuance of these decisions.”
In this context I should like to draw the attention of the Committee to the main provisions of the Declaration of Human Rights, a document fully accepted by Pakistan. Article 3 of this Declaration reads: “Everyone has a right to life, liberty and security of persons". The repressive measures adopted in East Bengal have denied this right. Article 5 reads: “No one shall be subjected to torture or to cruel, in human or degrading treatment or punishment”. The reports which have appeared in the international press prove conclusively that this right has been flouted. Provisions of article, 7, 8, 9, 12, 13, 17, 18, 19, 20 and 21 have similarly been brushed aside. I could, Mr. Chairman, select any document relating to Human Rights to which Pakistan has given its support in different degrees and show without a shadow of doubt that almost all its principal provisions have been broken.
The wild destruction of life and property of the people of East Bengal who belong to different ethnic, linguistic and cultural background, by the West Pakistani army has been in contravention of Article 2 of the Convention approved and proposed for signature and ratification by the General Assembly on 9th December, 1948 [Resolution 260-A-(III)] Pakistan is a party to this Convention without reservations. Similarly the declaration of Martial Law, with its most stringent regulations which could inflict death penalty almost on any East Bengali who does not strictly adhere to their draconian severity, has extinguished freedom of opinion, freedom of association and other freedoms which have been considered fundamental by the United Nations.
Article 3 of the Geneva Convention of August 12, 1949 deals with protection of civilian life in conflicts not of international character. It specifically prohibits violence to life of any person in particular, murder of all kinds, mutilation cruel treatment and torture. It also forbids outrage of personal dignity in particular inhuman and degrading treatment. It further bans “the passing of sentences and the carrying out executions without previous judgment pronounced by regularly constituted court, affording all the judicial guarantees which are recognized as indispensible by civilized peoples”. All these provisions of the Convention have been callously violated. It is strange that Government of Pakistan have not even paid the slightest heed to the appeal made in this regard by the International Commission of Jurists. I should like to read to the committee texts of their telegrams. The telegram of April 2, 1971 states:
“The International Commission of Jurists deeply anxious about the tragic events in East Pakistan. Request all possible steps to reduce death roll and urge moderation and the respect of lay in the treatment for political prisoners.”
The telegram of April 15 states:
“Further to (our) telegram of the 2nd April, the International Commission of Jurists deplores the reported intention to establish special military tribunals to try the Awami League leaders. Respectfully urge that proceedings before the normal civilian courts will alone satisfy international opinion that the rule of law is observed.
The International Commission of Jurists has always disapproved of the establishment of special tribunals to try political opponents for alleged political offences. There is nothing easier than to give a semblance of legality to the assassination of political opponents by having them condemned by special tribunals which lack the independence and respect for legal principles of a properly constituted court of legally trained judges. If Sheikh Mujibur Rahman or other Awami League leaders have committed any offence under the law of Pakistan, there is no reason why they should not be brought before the internationally respected civilian courts of the country”.
In these circumstances we consider that international opinion, which has already been incensed and shocked, should be expressed in no uncertain manner through this Committee, as the Economic and Social Council is the properly constituted organ of the United Nations concerned with human rights and fundamental freedoms. The large-scale massacre, senseless killings of unarmed civilians, including women and children, brutalities, and atrocities committed on a massive scale, widespread burning and destruction of property and the multitude of indignities inflicted on the people of Last Bengal constitute a problem of such magnitude that international conscience must be roused and international efforts must be made to restore some semblance of civilized existence in this part of the world.
II
But there are other consequences of this massive suppression of Human Rights which also should be brought to the attention of the Committee. As a result of the military action taken in East Bengal, the number of refugees into India has already exceeded 1.8 million people. The precise figure as reported to Delhi on May 3 by the Indian authorities near the frontier was 1.481, 101. This figure has since increased considerably. By May 3, 141,588 refugees have entered Assam and Meghalaya (an Eastern State in Indian); 102,205 of these are in camps while 39.383 are outside camps, 1.200.962 refugees have entered West Bengal; 532,675 of these are in camps, which 668,287 are outside camps; 136,532 refugees have entered Tripura; 101.532 of these are in camps with 35,000 are outside camps. 2,019 refugees have entered Bihar. Thus the total number of refugees in camps is 738,431 and outside camps 742.670 on May 3, We have set up 156 camps and have approached the Secretary-General and other U.N. agencies such as the UNIICR, UNICEF, World Food Programme, World health Organisation. Apart from these, the Catholic Relief Organisation, CARITAS, is initiating action.
I am glad to say that other efforts, both national and international, are begin made to help the refugees. Many of these refugees are women and children who have been forced to leave their homes and villages under severest pressure and in most difficult conditions. This large influx which continues to grow daily is as I have already pointed out, the result of Pakistan’s atrocities in East Bengal; such a large number would not leave their homes and come to India unless they have no other option but to undertake a perilous journey with little food and hardly any personal belongings. Until the return of normalcy to East Bengal, we have, purely on humanitarian grounds, given shelter to these hungry, helpless them are suffering from disease and starvation. It is the duty of the Pakistan Government to stop their repression and create normal conditions under which the safe return of the refugees could be ensured. Until then Pakistan should be held responsible for their safe return to East Bengal. Meanwhile, we shall to our best to look after them while they are fleeing from an oppressive regime and are in need of food, shelter and medical attention. But the amount of relief needed is of such a magnitude that no Government in the world can be expected to bear the strain alone. A most sustained international effort becomes, therefore, necessary to look after these unfortunate people. We are most anxious that these refugees should return home as soon as possible. In order to look after the, while they are still with us, we will gladly accept such aid as may be offered by other Governments and national as well as international organizations. This again is a matter of direct concern the Economic and Social Council and we hope that the Council will appreciate this problem and endorse this appeal.
III
Yet another consequence of the action taken by the Pakistan Government in East Bengal relates to the disruption of economic life there. With the expulsion of all the foreign press correspondents since the end of March—now I believe 5 or 6 selected pressmen have been allowed to go to East Bengal for escorted tours—details of the economic conditions will not be known to the outside world for many months to come. The outbreak of violence has caused complete disruption of transport and distribution systems and other essential services. Since East Bengal depends on the import of a substantial quantity of food grains to sustain its large population even at a purely subsistence level the disruption in economic life evident during the present crisis has only compounded the havoc already caused a few months back by a disastrous cyclone. Since the military action also coincided with the planting season, the coming harvest would be adversely affected. Under these conditions famine is a possibility and this would usually be accompanied by a further increase of epidemics and diseases. Faminc, conditions in East Bengal would lead to several more millions of refugees fleeing to India. Famine and epidemic n East Bengal can have their repercussions in India as these do not respect any international boundaries. A situation where millions of refugees continue to pour into India with all the attendant problems and sufferings can only lead to tension and instability in the region. It should, therefore, be a matter of urgent international concern to put an end to the further influx of refugees from East Bengal into India. This can be achieved only if the Council can ensure that Pakistan accepts international relief organizations to help the needy East Bengalis urgently and in a most effective manner. Organized international relief operations alone would be able to remove the consequences of the large scale disruptions of economic life caused by the current crisis.
It is extraordinary that in these circumstances the Government of Pakistan has not only disallowed the International Red Cross team which went to Karachi from proceeding to Bast Bengal but has not to the best of our knowledge responded to many offers of help. As carly as April 1. U. That said that he was “very much concerned about the loss of life and human suffering resulting from the recent developments in East Pakistan” and added that “if the Government of Pakistan asked the Secretary-General to assist in humanitarian efforts, he would be happy to do everything in his power to help”. The response to this gesture by the Secretary-General has just been released—briefly it says NOT YET. In this contest we agree—with comments made in the New York Times editorial this morning. It says inter alia “Contrary to bland assurances which continue to emanate from West Pakistan spokesmen, the situation is unquestionably desperate, and will require large believe that many other Governments and international organizations have offered to help but without any reaction from Pakistan Government which continues to say that there is enough food in the country”. Only a few months ago, a most violent cyclone devastated some parts of East Bengal. At that time, in many Committees and other forums of the United Nations, resolutions, were passed for working out a machinery for emergency relief in natural disasters. Then, Pakistan appealed widely for help: many countries, including my own, generously responded to this appeal. Yet it is ironical that when tragedies have accumulated Pakistan claims that it has enough food.
In the face of this, the first essential step would be for the Economic and Social Council to ask Pakistan to immediately indicate its consent so that concrete plans for organized and well coordinated action programme for relief work can be finalized under U.N. auspices. Since the Secretary-General, U. That, has already offered to extend all possible humanitarian help, he should have a vital responsibility in the organisation of such an international relief effort.
We hope and trust that there would be no temptation to deny the basic necessities of life and services to the East Bengalis in order to crush their desire to achieve their legitimate aspirations. They have suffered enough and in their hour of trial they will doubtless remember who cared, and who simply stood and stared.