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All about Kashmir

All about Kashmir. History UN Resolutions Armed Conflicts Solution Importance for Pakistan and India. History. 1947-1958 Initial Armed Conflict 1948 Deployment of Army at Kashmir Border 1951 No war Pact officer by Nehru 1949, Ch-M-Ali 1956

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All about Kashmir

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  1. All about Kashmir History UN Resolutions Armed Conflicts Solution Importance for Pakistan and India

  2. History • 1947-1958 • Initial Armed Conflict 1948 • Deployment of Army at Kashmir Border 1951 • No war Pact officer by Nehru 1949, Ch-M-Ali 1956 • Solution by Dialogue and Bilateral/Mediation by LAK- • 1958-1969 • Bhutto-Soran Singh Dialogue September 1962 • 1965 Conflict • Tashqand Declaration • 1969-71 • War 1971 • Simla Agreement 1971

  3. United Nations Resolutions on Kashmir Adopted by the Security Council

  4. HISTORICAL BACKGROUND Indian Presentation in the UNSC • Faced with an insurgency in the State of Jammu and Kashmir, India placed the Kashmir dispute before the UNSC on 1st January 1948 under Article 35 of Chapter VI of the Charter of the UN relating to peaceful settlement of disputes • The argument was based on validity of Maharaja’s Accession to India

  5. India alleged that the situation in Kashmir endangered the maintenance of international peace and security “owing to the aid which invaders, consisting of nationals of Pakistan and tribesmen from the territory immediately adjoining Pakistan on the Northwest are drawing from Pakistan for operations against Jammu and Kashmir, a State which has acceded to the Dominion of India and is part of India”.

  6. Pakistan’s Response • Contested the validity of Maharaja’s accession. • Situation in Kashmir was popular revolt against Maharaja • Highlighted Indian Hypocrisy: • The case of Jammu and Kashmir was compared with Junagarh’s accession to Pakistan, which India opposed

  7. UNSC Resolution 38 of January 17, 1948 • “Calls upon both the Government of India and Pakistan to take immediately all measures within their powers to improve the situation and refrain from making any statement or permitting any act which may aggravate the situation Set the tone of the shape of future UN involvement in the dispute • UN would not involve itself directly with repulsion of aggression but would play the part of an honest broker

  8. Established 3-member UNCIP (United Nations Commission for India and Pakistan) authorized to: • Investigate the situation on the spot. • Endeavor to help both Pakistan and India in law and order situation • Try to arrange for a plebiscite to decide the future of the State

  9. UNSC Resolution 47 dated 21 April 1948 Increased UNCIP membership from three to five. The resolution was divided into two parts: • Part-A: Restoration of Peace and Order • Part-B: Plebiscite

  10. UNSC RESOLUTION 51 dated 3 June 1948 • The UN Reaffirmed its earlier resolutions and directed UNCIP to proceed immediately to Jammu and Kashmir

  11. UNSC Resolution 80 dated 14 March 1950 • Called upon Governments of India and Pakistan to make arrangements for demilitarization within a period of five months • The resolution also called for the appointment a UN representative, Sir Owen Dixon.

  12. Resolution 91 of the UNSC (30 March 1951) • The resolution was adopted following receipt of Sir Owen Dixon’s report and the decision of the State Administration in IOK to convene the Constituent Assembly for the purpose of determining the “future shape and affiliation of the State of Jammu and Kashmir”.

  13. Cont… • The resolution affirmed that any decision of the Constituent Assembly thus convened would not constitute a disposition of the State as the final disposition of the State of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations

  14. UNSC RESOLUTION 122 dated 24 JANUARY 1957 Keeping resolutions number 47 (1948), 51(1948), 80 (1950), and 91(1951) in consideration…. The final disposition of the State of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations.

  15. Cont… • And secondly • Reaffirming the affirmation in resolution number 91 declared that the convening of a Constituent Assembly as recommended by the General Council of the "All Jammu and Kashmir National Conference" and any action that Assembly may have taken or might attempt to take to determine the future shape and affiliation of the entire State would not constitute a disposition of the State in accordance with the above principle.

  16. ANALYSIS OF RESOLUTION Through its resolutions, the UNSC decided that the final disposition of Jammu and Kashmir will be made in accordance with the will of the people expressed through a UN supervised plebiscite

  17. WHY WAS THIS DECISION NOT IMPLEMENTED? UNSC resolution 47 of 21 April 1948 called for "the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistani national not normally resident therein" and the reduction of Indian forces in the state to "minimum strength required" in order to facilitate a plebiscite.

  18. Pakistan agreed while India did not. India's reluctance to demilitarize the State of Jammu and Kashmir was confirmed by Sir Owen Dixon, Head of the UN Commission for India and Pakistan (UNCIP), in his report to the Security Council on 15 September 1950.

  19. At present • India claims that the Simla Agreement had excluded the mediation of the UN in the Kashmir dispute and as such UNSC resolution could not provide a framework for settlement of this dispute Again, legally and politically it is not correct. No bilateral agreement between India and Pakistan changed the substance of the provisions of the UNSC resolutions on Jammu and Kashmir

  20. Indian Point of View • India says that the resolutions on Kashmir have lost their relevance. • It further contends that the resolutions are not binding on it. Legally and politically it is not correct. No UNSC resolution can lose its relevance unless the Security Council adopts another resolution calling for its super cession

  21. Politically, the resolutions on Jammu and Kashmir have become even more relevant because of the on-ground political situation in Jammu and Kashmir where a legitimate freedom struggle is being suppressed by the Indian army and the situation now poses a grave danger to international peace and security

  22. CONCLUSION • Pakistan’s position on Jammu and Kashmir remains unchanged. • Pakistan has embarked on the Composite Dialogue process with the clear role that it should lead to a just, lasting and final solution to the Jammu and Kashmir dispute in accordance with the wishes and aspirations of the Kashmiri people. • Pakistan’s proposal for inclusion of Kashmiris in the Composite Dialogue process

  23. Cont… • Pakistan’s proposals for demilitarization and self governance • Pakistan’s current policy is in line with the spirit of the UNSC resolutions that the people of Kashmir should be given the right of self determination

  24. Possible Solutions • Plebscite • Plebiscite in all Kashmir • Integration of Jammu and Ladakh with India, AJK with Pakistan and Plebiscite in occupied Kashmir • Integration as above and Kashmir valley under UN Control for ten years and Plebiscite later • Condominum • Integration as above and Condominium at Valley • Condominium of India and Pakistan over whole Kashmir • Independence • Independence (What Kashmiris says ?) • Integration as above and independence of Valley

  25. Cont… • Merger • Merger with Pakistan • Merger with India • Division/ Partition • At LOC • Chenab formula • Dixon Formula • At religious Basis • At Linguistic/Ethnic Basis • As Mutually agreed by India and Pakistan • Status Quo

  26. Importance of Kashmir • For Kashmiris • For Pakistan • For India • For Central Asian States • For Super Powers • China • Russia • USA • For the rest of the world

  27. Some Adjective and Their Psyche • Shah-RaggAtoot-Aang • Pakistan syRishta Kia La-elaha-ell-Allah • Kashmir Banyga Pakistan • Mujahidin Terrorist • Cross Border terrorism BhartiJahiriyat • Zarb-e-Momin Brass-Teck • GhoriPrithivi • Kashmir Jannat-e-Nazeer • Merywatanterijannatmeinayen y eik din

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