Research Report Model United Nations Alfrink 2017 Forum: Issue: Student Officer: Introduction GA 4: Special Political and Decolonization The territorial disputes concerning Jammu and Kashmir Guus Huurman Decolonisation has left the world with some significant issues; the creation of borders is proving particularly controversial. As is the case with Jammu and Kashmir, this little corner of the world has been claimed by three major powers, all of which happen to have nuclear capacities. This has created an extremely delicate and complicated sitution. Since the start of the border dispute several wars have been fought, many human rights have been violated, and numerous people have lost their lives. Since as far back as 1948 the international community has been trying to resolve the conflict in a peaceful matter. That makes this particular issue the oldest conflict still to be on the United Nations’ agenda. During the almost seven decades that have followed, there have been numerous attempts to restore peace, yet none of these attempts have had a lasting effect on the situation. Moreover, the proposals have, at times, worsened the situation as the countries involved used them in order to claim legitimacy. Definition of Key Terms Plebiscite The direct vote of all the members of an electorate on an important public question such as a change in the constitution. Line of Control (LoC) Refers to the military control line between the Indian and Pakistani-­‐‑controlled parts of the state of Jammu and Kashmir – a line that does not constitute a legally recognized international boundary but is the de facto border. Insurgency A movement within a country dedicated to overthrowing the government. General Overview The origin of the conflict lies in the decolonisation of the Indian subcontinent. After nearly a century of British rule different Indian political groups convinced the British government to grant independence to India in 1947. Due to pressure by the Muslim League, the subcontinent was divided into two. The partition led to the creation of the two new states, the Dominion of Pakistan and the Indian Union. The Princely State of Jammu and Kashmir was, at the time, a British protectorate, this meant that it was not part of the British colony, yet it would be protected by the British army if necessary. Even though the population of Jammu and Kashmir was largely Muslim, the Hindu Maharaja chose to accede to India instead of Pakistan. Research Report Model United Nations Alfrink 2017 As a result, the two countries started a war over the region. On 21 April, 1948, the UNSC adopted resolution 47 on the issue of the State of Jammu and Kashmir. This resolution aimed at achieving the following three steps: one, the withdrawal of Pakistani nationals from the State of Jammu and Kashmir; two, the reduction of Indian forces to the minimum level required to maintain law and order; three, measures to conduct a plebiscite, repatriation of refugees, and the release of political prisoners. Unfortunately, neither state adhered to the resolution; Pakistan did not withdraw all troops and India never held the plebiscite. India’s claim was based on the fact that the then-­‐‑monarch of Jammu and Kashmir had handed the territory over to the Dominion of India. Pakistan’s claim to the region was based on the fact that the population is largely Muslim; 77% according to the 1941 census. At the time of the partition, the reason that Pakistan was established as a separate state from India was the large religious differences within the sub-­‐‑continent. China’s claim on the land is based on the fact that they were already administering large parts of the region before 1962. Throughout the 1950s, China launched its gradual occupation of eastern Kashmir, otherwise known as Aksai Chin. In 1962 the People’s Liberation Army launched an offensive on the region of Jammu and Kashmir. This took the Indian army by surprise and the Chinese government was able to secure large parts of eastern Kashmir. After the war the Pakistani government ceded the region taken by the Chinese, the Trans-­‐‑Karakoram Tract of Kashmir, to China. Thereby ending its claims on that particular part of the region in order to improve goodwill amongst the Chinese government. The Indian government criticised the Chinese occupation. However, the Chinese government responded by stating that they had been effectively in control of the region since the 1950s, thereby making it a part of the People’s Republic of China. India’s involvement in the Bangladesh Liberation war sparked the 1971-­‐‑1972 Indo-­‐‑Pakistani war. During the war India received support from the Soviet Union, while Pakistan received support from the USA and China. Having learned from its mistakes in the 1962 Sino-­‐‑Indian war, India deployed 8 mountain divisions to prevent any Chinese attacks, which seemed an effective strategy. The war ended in a humiliating defeat for Pakistan which allowed the Indian government to set the terms of the peace treaty, also called the Simla Agreement. This agreement established the new Line of Control (LoC), encouraged both parties to settle disputes through negotiation, and called for a final settlement of the border dispute. However, areas not demarcated by the LoC remained; this caused problems later on. In 1989, a widespread popular and armed insurgency started in Kashmir especially in in Indian-­‐‑
administered Kashmir. Largely inspired by the events of the Afghan insurgency against the Soviet Union, members of the population took up arms against the Indian government, which responded harshly against the attacks of the insurgents. Forces were dispatched by both sides. The Indian government accused the Pakistani government of starting and supporting the Research Report Model United Nations Alfrink 2017 insurgency; allegations which Pakistan denies. Eventually, the two countries went to war once again in 1999. The same year, relations were broken off between them. Protests erupted in the 2000s, causing many deaths, and in 2013 the Prime Ministers of both India and Pakistan attempted to reconcile and reduce the violence occurring in Kashmir. This was short-­‐‑lived, as the following year both countries became hostile towards one another again. Recently, in July 2016, India imposed a curfew on the region it administers; shops, schools, and most banks remain closed while access to the internet and mobile services have been cut off. The summer turned into a violent one, with over 9,000 casualties. The Indian government has removed the curfew as of now, yet still rules with an iron fist over the region. Several NGOs, including Amnesty International and Human Rights Watch, have concluded that human rights violations have been committed by many groups present in the region. In India-­‐‑ administered Kashmir, paramilitary groups have committed acts of terrorism against the population. Most notably, the Hindu Kashmiri Pandits have been subject to rape and ethnic cleansing. On the other hand, the Indian government passed the Armed Forces (Special Powers) Act (AFSPA); this act allows the Indian government to arrest individuals without a warrant, amongst other things, effectively undermining the rule of law. In Pakistan-­‐‑administered Kashmir religious minorities have been subjected to sectarian violence and the Pakistani government has suppressed demonstrations held against the government. One of the reasons the situation is so fragile is the fact that all of the three countries involved are nuclear powers. Moreover, India and Pakistan are engaged in a nuclear arms race. In September 2016, the Pakistani Minister of Defence Khawaja Asif'ʹ said that if war were to arise, they would be prepared to use nuclear weapons. India’s claim was based on the fact that the then-­‐‑monarch of Jammu and Kashmir handed the territory over to the Indian Union. That is why the Indian government claims the entirety of the region. Pakistan’s claim to the region was based on the fact that the population is largely Muslim; 77% according to the 1941 census. Thus it should have been given to Pakistan at the time of the partition, which happened due to the large religious differences within the Indian sub-­‐‑continent. China’s claim on the land is based on the fact that they were already administering large parts of the region before 1962. Timeline of Events 1947 End of British rule and partition of sub-­‐‑continent into mainly Hindu India and Muslim-­‐‑majority state of Pakistan. 1948 India raises Kashmir in the UN Security Council, which in Resolution 47 calls for a referendum on the status of the territory. The resolution also calls on Pakistan to withdraw its troops and India to cut its military presence to a minimum. A Research Report Model United Nations Alfrink 2017 ceasefire comes into force, but Pakistan refuses to evacuate its troops. Kashmir is for practical purposes partitioned. 1957 The constitution of Indian-­‐‑administrated Jammu and Kashmir defines it as part of India. 1950s China gradually occupies eastern Kashmir (Aksai Chin) 1962 China defeated India in the short Sino-­‐‑Indian war and takes full control of the Aksai Chin region. 1971-­‐‑1972 Another Indo-­‐‑Pakistani war ends in defeat for Pakistan and leads to the 1972 Simla Agreement. This turns the Kashmir ceasefire line into the Line of Control, pledges both sides to settle their differences through negotiations, and calls for a final settlement of the Kashmir dispute. 1987 Disputed state elections in Indian-­‐‑administrated Jammu and Kashmir give impetus to a pro-­‐‑independence insurgency centred around the Jammu and Kashmir Liberation Front (JKLF). India accuses Pakistan of fomenting the insurgency by despatching fighters across the Line of Control, which Pakistan denies 1993 Roma population is declared a minority 2000 United Nations Committee on the Elimination of All Forms of Racial Discrimination described ‘the place of the Roma communities among those most disadvantaged and most subject to discrimination in the contemporary world. Major Parties Involved China: China has supported Pakistan in several wars over the region and has also taken part in a war against India to gain control over Aksai region, which it has occupied since 1962. India: In 1947 the region of Jammu and Kashmir acceded to the Indian Union. Since then the country has seen several wars in the region. Whilst India claims the entire region of Jammu and Kashmir, it only controls the parts south of the LoC and west of the Aksai Region. As of now, it is struggling with the insurgency and the political unrest in the region. Pakistan: Pakistan has claimed the region of Jammu and Kashmir since 1947, however, it ceded its claims on the eastern part to China in 1962. It has fought several wars with India over the years and is in Research Report Model United Nations Alfrink 2017 control of the area north of the LoC. Pakistan has been accused by India of starting the insurgency in Kashmir, but has denied these allegations. Previous Attempts to Solve the Issue In 1948, the UNSC proposed that Pakistan would withdraw from the region and that the Indian government would hold a plebiscite which would decide which country Jammu and Kashmir would join in the end. Sadly. Neither country honoured its promise and the resolution was entirely ignored. Possible Solutions •
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Some groups within Jammu and Kashmir have proposed that the region should become an independent state. Another option could be holding a plebiscite to ensure that the voice of the Kashimir people will be heard. Research Report Useful Documents http://www.bbc.com/news/world-­‐‑south-­‐‑asia-­‐‑16069078 http://www.bbc.com/news/10537286 http://www.telegraph.co.uk/news/1399992/A-­‐‑brief-­‐‑history-­‐‑of-­‐‑the-­‐‑Kashmir-­‐‑conflict.html https://www.youtube.com/watch?v=8rmUiLwy7kI Bibliography https://en.wikipedia.org/wiki/Partition_of_India#Geographic_partition.2C_1947 https://web.stanford.edu/class/e297a/Kashmir%20Conflict%20-­‐‑
%20A%20Study%20of%20What%20Led%20to%20the%20Insurgency%20in%20Kashmir%20Va
lley.pdf https://en.wikipedia.org/wiki/Indo-­‐‑Pakistani_War_of_1971#Background http://www.bbc.com/news/world-­‐‑asia-­‐‑37531900 http://www.bbc.com/news/world-­‐‑south-­‐‑asia-­‐‑16069078 http://www.bbc.com/news/10537286 http://www.telegraph.co.uk/news/1399992/A-­‐‑brief-­‐‑history-­‐‑of-­‐‑the-­‐‑Kashmir-­‐‑conflict.html https://www.youtube.com/watch?v=8rmUiLwy7kI https://en.wikipedia.org/wiki/Indo-­‐‑Pakistani_War_of_1947