The Hague International Model United Nations Qatar 2015 | 3rd – 6th of Febuary 2015 Forum:
General Assembly 6 ­ Legal Issue:
Defining the Legal Status of Kashmir Student Officer: Hiba Argane Position:
Deputy Chair Of GA6 Introduction The territorial and legal conflict between Pakistan and India over the region of Kashmir has been a major diplomatic obstacle between the relations of the two states and regional security in South Asia. Since the states’ independence from Great Britain in 1947, Pakistan and India have occupied different parts of the region and fought three wars – while coming very close to a fourth one – in which Kahmir’s legal status was a significant motivating factor. Over the last decade, the Kashmiri separatist movements within the India­controlled Kashmir in addition to the declaration of nuclear possession have increased tension and instability between the two countries. This highlights that only a mediated peace agreement can truly address the underlying contributors to the distrust that deters the success of a solution. The mutual hostility stems from the involvement of 3 nuclear powers: China, India and Pakistan, who surround the disputed territory and originated from the Partition when India was divided without regard for traditional territorial boundaries. While Pakistan claims the dispute revolves around the bitter rivalry; India believes it’s inevitable due to the larger ideological differences between the two nations. Most settlements have emerged from a political perspective; however, the legal aspects cannot be ignored as they play a very substantial role in the resolution of the conflict. According to India, most regions of Pakistani Kashmir continue to suffer from lack of economic development, political recognition and basic fundamental rights. Whereas Pakistan claims that the uprising in Kashmir demonstrates that the people no longer want to be a part of India but would prefer to be part of Pakistan or gain its independence. Kashmir, however, does not seem to have a unified voice on the matter and this difference in opinion throughout the territory is key in understanding and tackling the problem. The United Nations determined that the people of Kashmir have the right to self­determination and went on to set up a plan that allows for the realization and resolution of the political and military crisis between India and Pakistan. However, this was not implemented and will continue to be a threat to the region without international acknowledgment and commitment. The Hague International Model United Nations Qatar 2015 | 3rd – 6th of Febuary 2015 Definition of Key Terms Ambush A surprise attack by people lying in wait in a concealed position Ammunition A supply or quantity of bullets and shells Artillery Large­caliber guns used in warfare on land • a military detachment of branch of the armed forces that uses large­caliber guns Ceasefire Involving two parties or affecting two countries Infiltrate Enter or gain access to (an organization, place, etc) surreptitiously and gradually, especially in order to acquire secret information Line of Control (LOC) Known as Asia’s Berlin wall – refers to the military control line between the Indian and Pakistani­controlled parts of the state of Jammu and Kashmir – a line that doesn’t constitute a legally recognized international boundary but is the de facto border. De facto Existing or holding a specified position in fact but not necessarily by legal right Mandate An official order or commission to do something • a commission by which a party is entrusted to perform a service, especially without payment and with indemnity against loss by that party Mercenaries Professional soldier hired to serve in a foreign army Plebiscite The direct vote of all the members of an electorate on an important public question such as a change in the constitution Self­determination The process by which a country determines its own statehood and forms its own government The Hague International Model United Nations Qatar 2015 | 3rd – 6th of Febuary 2015 Background Information Kashmir, officially referred to as Jammu and Kashmir, is an 86,000­square­mile­region in northwest India and northeast Pakistan. The region has been violently disputed by India and Pakistan since their 1947 partition, which created Pakistan, the Muslim counterpart to the Hindu­majority India. In the partition, two­thirds of Kashmir went to India and a third went to Pakistan. Even though India’s share was predominantly Muslim, the Muslims rebelled and as India repressed them the war broke out. This wasn’t settled until the 1949 cease­fire set by the United Nations and a resolution calling for a referendum allowing Kashmiris to decide their own fate. However, India never followed through with that and maintained what amounts to an occupying army in Kashmir while receiving resentment from the locals. Pakistan renewed its call for a referendum by Kashmir’s mostly Muslim 5 million people in accordance with the 1949 UN resolution. The 1965 war settled nothing and merely put off future conflicts. With the rise of Muhammad Zia ul Haq – the dictator president of Pakistan from 1977 to 1988 – Pakistan began to lean towards Islamism as Zia saw this as a mean of maintaining his power. He diverted large amounts of weaponry and cash to Pakistan’s nuclear­weapons program and developing an Islamist fighting force that would authorize the fight against India in Kashmir. In addition, he supported the rise of The Taliban in Pakistan’s tribal areas that would exert their influence in Kashmir and Afghanistan. Today, “relations between Pakistan and India remain deadlocked on the issue of Kashmiri sovereignty, and a separatist rebellion has been underway in the region since 1989”, according to a Congressional Research Service report. Tensions rose dangerously in the fall of 2001 and when a bomb exploded in the Indian Jammu and Kashmir state assembly, India mobilized 700,000 troops, threatened war and provoked Pakistan into mobilizing its forces. American intervention compelled President Perves Musharraf to further militarize Kashmir, both provoking the Kargil war and facilitating Islamist terrorism. He promised to ban and eliminate terrorist organizations however all the pledges proved empty and violence continued, leaving Pakistan and India on the brink of war. The Hague International Model United Nations Qatar 2015 | 3rd – 6th of Febuary 2015 Major Parties and Organizations Involved The Jammu and Kashmir Democratic Freedom Party (JKDFP) Founded in 1998 by Hashim Qureshi and Shabir Ahmad Shah – separatist party that advocates self­rule for J&K The Jammu and Kashmir People’s Democratic Party (PDP) Founded in 1999 by Mufti Mohammed Sayeed – separatist party that advocates self­rule for J&K The All Parties Hurriyat Conference (APHC) Founded in 1993 – political front formed as an alliance of 26 political, social and religious organizations in Kashmir. Aims to ascent the Indian controlled regions to Pakistan and instate Islamic governance. The Indian National Congress (INC) One of the two major political parties in India and considered the center­left in the Indian political spectrum. The Baharatiya Janata Party (BJP) India’s second largest political party and is considered center­right in the Indian political spectrum. The Jammu and Kashmir National Conference Party (NCP) Founded in 1939 by Sheikh Abduallah and dominated electoral politics for many decades in the state. Moderate separatist party calling for J&K’s right to self­determination and autonomy. International criminal Police Organization (INTERPOL or ICPO) INTERPOL is a non­governmental organization established in 1923 that facilitates international police cooperation. Its charter forbids the Interpol from undertaking interventions or activities of a political, military, religious or racial nature or involving itself in disputes over such matter. Therefore it focuses on battling terrorism, war crimes, genocide, crimes against humanity and corruption. Both Pakistan and India are members of the Interpol. Security Council Counter­Terrorism Committee (CTC) Established by the Security Council resolution 1373, which was adopted unanimously on the wake of the September 11th, terrorist attacks in the United States. The Committee requested countries to implement a number of measures intended to enhance their legal and institutional ability to counter terrorist activities. The organization focuses on criminalizing the financing of terrorism and the freezing of any funds related to people involved in acts of terrorism. UN Interregional Crime and Justice Research Institute (UNICRI) Established in 1967 to support countries worldwide to prevent crime and facilitate criminal justice. The programme aims to promote national self­reliance and the development of institutional capabilities. This is enhanced by the use of action­oriented research to assist in improving policies and effective intervention. The Hague International Model United Nations Qatar 2015 | 3rd – 6th of Febuary 2015 United Nations High Commissioner for Refugees (UNHCR) Established in December 1950 and mandated to lead and co­ordinate international action to protect refugees and resolve refugee problems worldwide. Its primary purpose is to safeguard the rights and well­being of refugees and aims to guarantee that everyone can exercise their right to seek asylum in another State in addition to the option to return home voluntarily. Timeline of Events Date Description of event 184
The State of Jammu and Kashmir created under the Treaty of Amritsar 6 185
7 193
1 193
2 193
9 194
0 194
7 194
8 195
0 196
5 197
1 197
2 The Indian Rebellion of 1857 against the British / First Indian War of Independence The movement against the Maharaja in Kashmir begins but is suppressed by the State forces Sheikh Mohammed Abdullah sets up the ‘All Jammu and Kashmir Muslim Conference’ to fight for Kashmiri freedom from the Maharaja’s rule, which would branch off to become the National Conference The National Conference launches the ‘Quit Kashmir’ movement demanding abrogation of the Treaty of Amritsar and a call of sovereignty for the people of Kashmir The Pakistan Resolution is passed and demands the establishment of an independent state comprising all regions in which Muslims are the majority The partition of India October: Indo­Pakistani War of 1947 India takes the Kashmir problem to the UN Security Council. The resolution orders the termination of hostilities and the creation of a truce agreement and that a plebiscite should be the decider in the future of Jammu and Kashmir – however both countries cant agree on the terms of demilitarization Indians gains independence Indo­Pakistan War of 1965 Indo­Pakistan War of 1971 Agree to a ceasefire and sign the Simla Agreement in order to respect the Line of Control. The Hague International Model United Nations Qatar 2015 | 3rd – 6th of Febuary 2015 India and Pakistan perform nuclear tests in a show of strength India puts a ceasefire into effect in Kashmir however violence continues. Amnesty International and other human rights organizations report human rights violations from India 199
8 200
0 200
7 Relevant UN Treaties ●
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The India­Pakistan Question, January 17 1948 (S/651) The India­Pakistan Question, January 20 1948 (S/654) The India­Pakistan Question, April 21 1948 (S/726) The India­Pakistan Question, March 14 1950 (S/1469) The India­Pakistan Question, March 20, 1951 (S/2017) The India­Pakistan Question, November 10 1951 (S/2392) The situation in the India/Pakistan Subcontinent, December 21 1971 (S/RES/307) Previous Attempts to Solve the Issues India sought resolution of the issue at the UN Security Council in 1948 after the First Kashmir War. Sheikh Abdulla was not in favor of this decision because he was certain the Indian Army could free the entire state from invaders. The United Nations Commission for India and Pakistan and the Security Council passed Resolution 47 and it imposed an immediate cease­fire and called on the Pakistani government to “secure the withdrawal from the state of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the state for the purpose of fighting” in addition to asking the Indian government to reduce its forces to minimum strength. Both countries failed to arrive at an agreement due to the multiple interpretations of the procedures and extent of militarization required. Over the next few years, the UN Security Council passed four resolutions revising the terms of Resolution 47 to include a withdrawal of both Indian and Pakistani troops from the region. The UN put forward 11 different proposals, all accepted by Pakistan but rejected by the Indian government, Possible Solutions A possible solution could be a plebiscite for the entre state of Jammu and Kashmir under the supervision of the United Nations, a neutral and impartial international observer or under the joint supervision of India and Pakistan. The Hague International Model United Nations Qatar 2015 | 3rd – 6th of Febuary 2015 Another would be a partition. This could be done on the basis of communal composition, allocating the Muslim majority areas to Pakistan and the non­Muslim areas of Jammu and Kashmir to India. Or alternatively, could be done along the Line of Control with minor adjustments, along the UN cease­fire line or based on a plebiscite while keeping the strategic needs of bot Pakistan and India in consideration. Independence is also considered a possible solution. Independence status would be awarded to the entire of Jammu and Kashmir, to be respected and assured by both regional and global powers. Another form of independence would be the UN making both Azad Kashmir and occupied Kashmir UN trust territories that would be given their independence after a decade of UN­supervised rule. The Hague International Model United Nations Qatar 2015 | 3rd – 6th of Febuary 2015 Bibliography BBC News. BBC, n.d. Web. 13 Nov. 2014. <http://news.bbc.co.uk/2/shared/spl/hi/south_asia/03/kashmir_future/html/7.stm>. BBC News. BBC, n.d. Web. 16 Nov. 2014. <http://www.bbc.co.uk/blogs/legacy/haveyoursay/2010/09/how_can_the_kashmir_issue_be
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