CONTENTS
Pages
I.
FOREWORD
II.
THE KASHMIR DISPUTE: Historical Perspective
III.
TREATY OF AMRITSAR
IV.
UN RESOLUTIONS
UN Security Council Resolution, January 1948
UN Security Council Resolution, April 1948
UN Commission for India & Pakistan Resolution, August 1948
UN Commission for India & Pakistan Resolution, January 1949
UN Security Council Resolution, March 1950
UN Security Council Resolution, March 1951
UN Security Council Resolution, January 1957
Statement of the President of Security Council, May 1964
UN Security Council Resolution, September 1965
UN Security Council Resolution, 1971
UN Security Council Resolution, 1998
V.
BILATERAL AGREEMENTS
Tashkent Accord, 1966
Simla Agreement, 1972
Islamabad Declaration, 1997
Lahore Declaration, 1999
I slamabad Declaration, 2004
VI.
CONSTITUTIONS
Pakistan
India
FOREWORD
Need
for
com piling
relevant
papers
on
an
issue
can
hardly
be
overem phasized. Therefore, it was need of t he hour t o bring out a publicat ion,
cont aining docum ent s on such an im port ant issue as Jammu & Kashmir.
Besides, t here was also a dem and from various quart ers in t his regard. Hence,
st aff of t he Kashm ir Com m it t ee was t asked t o prepare a brochure, com prising
important papers on Kashmir.
The present brochure does not cont ain all the docum ent s, discussions on
Kashm ir. However, an effort has been m ade t o place im port ant papers
t oget her. I hope t he publicat ion will be useful for t he readers, especially t he
researchers.
(FAZL- UR- RAHMAN)
Chairman
Parliamentary Kashmir Committee
July, 2011
2
THE KASHMIR ISSUE
The hist ory of freedom st ruggle in Jam m u & Kashm ir is m uch older t han
t he freedom st ruggle of t he sub cont inent . I n 1832, t he Kashm iris revolted
against t he t yranny of t he Sikh rule and t heir leaders were skinned alive.
Thereafter, t he Kashm iris kept on agit at ing. The Kashm ir Valley ( area in t he
east of t he River Sindh) was sold by t he Brit ish Rulers t o Raj a Gulab Singh of
Jam m u for 75 lac rupees under t he ignoble of the Amritsar Treaty on 16 th
March, 1846.
The Kashmir issue is not only t he oldest issue on t he agenda of t he
Unit ed Nat ions, but is also an unfinished agenda of Part it ion of the subcont inent . As per t he Part it ion Plan, opt ion was given t o t he Rulers of t he
princely st at es ( num bering 584) to preferably join either I ndia or Pakistan,
keeping in view t he geographical cont iguit y and com posit ion of populat ion of
their st at es. The Ruler of Hyderabad want ed t o rem ain independent , whereas
t he Ruler of Junagarh acceded t o Pakist an. However, I ndia occupied bot h t he
st at es on t he plea t hat t he m aj orit y of t heir peoples were Hindus, who wanted
t o j oin I ndia. But I ndia was not ready t o accept t his formula in t he case of
Jam m u & Kashm ir, which was supposed t o j oin Pakist an for it s geographical
cont iguit y and predom inant Muslim populat ion. I ndia caj oled t he Non- Muslim
Ruler of t he State, Mahraj a Hari Singh t o accede t o I ndia and sent it s forces for
t he m assacre of t he Kashm iri Muslim , who were agit at ing t o j oin Pakist an. The
Kashm iris also t ook up arm s, liberat ed som e areas of t he St at e and est ablished
an Azad Government of Jammu & Kashmir.
I ndia went t o t he UN, seeking it s help in resolving t he issue. The UN
passed quit e a few resolut ions, calling for holding a plebiscite in t he St at e. The
resolut ions were accept ed by I ndia and Pakist an. The prom inent leaders of
I ndia also repeat edly prom ised t o hold plebiscite. However, they are not serious
in fulfilling t heir prom ises. Rather, India has t ried t o delay t he m at t er on one
pret ext on t he ot her. I t also engaged in talks wit h Pakist an and t he Kashmiri
leaders as a delaying tactic.
Disgrunt led wit h t he sham elect ions, non- im plem ent at ion of t he UN
resolut ions on Kashm ir and affect ed by t he w ave of dem ocracy spreading
across the globe in the late eighties, the people of the Occupied Kashmir started
agitating for freedom. India tried to crush the movement by force, which further
ignit ed t he fire of freedom . I ndia has deployed around eight hundred t housand
m ilit ary and param ilit ary forces in t he Occupied Kashm ir, em powering t hem
3
wit h draconian laws, which give t hem a free hand t o play an orgy of deat h.
They have unleashed a reign of t error. By now, over 90,000 Kashm iris have
been killed, some 10,000 wom en raped, over 10,000 persons disappeared and
propert y wort h billions of rupees dest royed. The recent discovery of over four
t housand unnam ed graves has furt her exposed t he horrible dim ensions of
hum an t ragedy. The hum an right s violat ions perpet rat ed by t he I ndian Security
Forces in t he occupied t errit ory have been condem ned by various leaders of t he
world, t he hum an right s organizat ions, like Am nest y I nt ernat ional, Asia Wat ch,
Hum an
Right s
Wat ch,
UN
Hum an
Right s Com m ission/ Council,
European
Parliament, etc. A delegat ion of t he European Parliam ent , aft er a visit t o t he
Occupied Kashm ir, has called it t he m ost beaut iful prison in t he world . Even
I ndian organizat ions and int ellect uals, like Gautam Naulakha, Arundhat t i Roy
and ot hers have condem ned t hese brut alit ies. The foreign dignit aries m ay visit
bot h part s of Jam m u & Kashm ir t o see t he ground realit y. I n AJK, t hey can
m eet t he refugees from t he Occupied Kashm ir also and list en t o t heir t ales of
woe. There will be no rest rict ion on t hem , as t hey face in t he I ndian Occupied
Kashmir.
Pakist an is a peace loving count ry and desires t o resolve all disput es w it h
I ndia peacefully. I t has shown m axim um flexibilit y. I t has offered t o t alk t o
I ndia at any t im e, at any level and at any place. However, despit e all effort s of
Pakistan to resolve the issue, Indian leaders are adamant.
During t he last six decades, a num ber of rounds of t alks w ere held
bet ween Pakist an and I ndia on Kashm ir, but all rem ained fruit less, because of
t he int ransigency of I ndia. I t st art s t alks under pressure only and st ops when
t he pressure is released. A num ber of years were consum ed on t he Com posit e
Dialogue. Som e progress has been recorded in t he sect ors of cult ure, sport s,
immigration, communications, et c. However, t here is lit t le progress on t he core
issue of Kashm ir. If at all I ndia is engaged in t alks wit h Pakist an, it keeps on
killing t he Kashm iri people. I t has also increased it s defence budget enorm ously
and is spending huge am ount s on t he enhancem ent of it s firepower. Moreover,
it is building dam s in t he Occupied Kashm ir on t he rivers, flowing t owards
Pakistan, in violat ion of t he I ndus Wat er Treat y 1960. This reflect s t he m indset
of the Indian leaders against Pakistan.
The freedom st ruggle of t he Kashm iris for t heir right t o selfdet erm inat ion can t be dubbed as t errorist m ovem ent , because t his right has
been accept ed in t he Unit ed Nat ions resolut ions, t he Universal Declarat ion of
Hum an Right s and by t he int ernat ional organizat ions, such as t he Non- Aligned
4
Movem ent . The peaceful m ass m ovem ent , cont inuing since 2008, has also
exposed the Indian propaganda, calling the upsurge in the Occupied Kashmir as
a terrorist movement sponsored from abroad.
Kashm ir is not a t errit orial problem . I t s a hum an problem ,
involving around 14 million Kashmiris. If the Kashmir issue is resolved, all other
issues w ill aut om at ically be resolved and bot h count ries will save a lot of funds
present ly spent on defence, for bet t ering t he lot of t heir peoples. Three wars
have since been fought bet ween t he t wo count ries on Kashm ir. I f at rocit ies in
t he Occupied Kashm ir cont inue and the Kashm ir issue is not resolved, sit uat ion
in the nuclearized sub- continent can take an awful turn.
I ndia desires t o becom e a perm anent m em ber of t he UN Securit y
Council
t he sam e body w hose resolut ions on Kashm ir it is flout ing with
impunity for t he last over six decades. Indian effort s t o t his effect are,
therefore, no less than a joke and insult for this august body.
The world com m unit y should not rem ain a silent , disinterested
spect at or t o t he Jam m u & Kashm ir I mbroglio, because any conflagrat ion in t he
sub- cont inent can affect peace and st abilit y of not only t he region, but t he
world as w ell. Hence, it should play it s role in resolving t he issue. The need of
the hour is that India should immediately withdraw its forces from the Occupied
Kashmir, release the detenus, repeal t he black law s, st op st at e t errorism and
allow
hum an
right s
organisat ions
to
visit
t he
Occupied
Kashm ir.
The
int ernat ional com m unit y should m onit or t he Pak- I ndia dialogue and com pel
India to be serious in making the dialogue meaningful and result oriented.
5
TREATY OF AMRITSAR
(March 16, 1846)
The t reat y bet ween t he Brit ish Governm ent on t he one part and Maharaj ah
Gulab Singh of Jam m u on t he ot her concluded on t he part of t he Brit ish
Governm ent by Frederick Currie, Esq. and Brevet - Maj or Henry Mont gom ery
Lawrence, acting under the orders of the Right Hon. Sir Henry Hardinge, G.C.B.,
one of her Brit annic Maj est y's m ost Honorable Privy Councillors, GovernorGeneral appoint ed by t he Honourable Company t o direct and cont rol all t he
affairs in the East Indies, and by Maharajah Gulab Singh in person.
ARTICLE 1
The Brit ish Governm ent t ransfers and m akes over for ever, in independent
possession t o Maharaj ah Gulab Singh, and t he heirs m ale of his body, all t he
hilly or m ount ainous count ry, wit h it s dependencies sit uat ed t o t he east w ard of
t he River I ndus, and t he west ward of t he River Ravi, including Cham ba and
excluding Lahore, being part of the territory ceded to the British Government by
t he Lahore St at e according t o t he provisions of Art icle I V of t he Treat y of
Lahore, dated 9th March, 1846.
ARTICLE 2
The east ern boundary of t he t ract t ransferred by t he foregoing art icle t o
Maharaj ah Gulab Singh shall be laid dow n by t he Com m issioners appoint ed by
t he Brit ish Governm ent and Maharaj ah Gulab Singh respect ively for t hat
purpose and shall be defined in a separate engagement after survey.
ARTICLE 3
I n considerat ion of t he t ransfer m ade t o him and his heirs by t he provisions of
the foregoing articles Maharajah Gulab Singh will pay to the British Government
t he sum of sevent y- five lacs of rupees ( Nanakshahee) , fift y lacs t o be paid on
rat ificat ion of t he t reat y and 25 lacs on or before t he 1st Oct ober of t he current
year, A.D., 1846.
ARTICLE 4
The lim it s of t errit ories of Maharaj ah Gulab Singh shall not be, at any t im e,
changed without the concurrence of the British Government.
ARTICLE 5
Maharaj ah Gulab Singh will refer t o t he arbit rat ion of t he Brit ish Governm ent
any disput es or quest ions t hat m ay arise bet ween him self and t he Governm ent
of Lahore or any ot her neighboring St at e, and will abide by t he decision of t he
British Government.
6
ARTICLE 6
Maharaj ah Gulab Singh engages for him self and heirs t o j oin, wit h t he w hole of
his Milit ary forces, t he Brit ish t roops, when em ployed wit hin t he hills or in t he
territories adjoining his possessions.
ARTICLE 7
Maharaj ah Gulab Singh engages never t o t ake t o ret ain in his service any
Brit ish subj ect nor t he subj ect of any European or Am erican St at e wit hout t he
consent of the British Government.
ARTICLE 8
Maharaj ah Gulab Singh engages t o respect , in regard t o t he t errit or y
t ransferred t o him , t he provisions of Art icle V, VI and VI I of t he separat e
engagem ent bet ween t he Brit ish Governm ent and t he Lahore Durbar, dat ed
11th March, 1846.
ARTICLE 9
The Brit ish Governm ent will give it s aid t o Maharaj ah Gulab Singh in prot ect ing
his territories from external enemies.
ARTICLE 10
Maharaj ah Gulab Singh acknow ledges t he suprem acy of t he Brit ish Governm ent
and will, in t oken of such suprem acy present annually t o t he British
Governm ent one horse, t welve perfect shawl goat s of approved breed ( six m ale
and six female), and three pairs of Cashmere shawls.
( Not e: I n 1893 it was agreed t o drop t he gift of Tw elve perfect shaw l Goat s) .
This Treat y, consist ing of t en art icles, has been t his day set t led by Frederick
Currie, Esq. and Brevet - Maj or Henry Mont gom ery Lawrence, act ing under the
direct ions of t he Rt . Hon. Sir Henry Hardinge, G.C.B., Governor- General, on t he
part of t he Brit ish Governm ent and by Maharaj ah Gulab Singh in person, and
t he said Treat y has been t his day rat ified by t he seal of t he Rt . Hon. Sir Henry
Hardinge, G.C.B., Governor- General.
( Done at Am rit sar, t he sixt eent h day of March, in t he year of our Lord 1846 AD
One t housand eight hundred and fort y- six, corresponding wit h t he sevent eent h
day of Rubee- ul- Awal, 1262 Hijree).
7
(Signed) H. Hardinge (Seal)
(Signed) F. Currie
(Signed) H. M. Lawrence
By order of the Right Honourable the Governor General of India
Signed
F. Currie
Secretary of the Government of India with the Governor General
Signed
Gulab Singh
8
RESOLUTION 39 (1948) OF UN SECURITY COUNCIL
( JANUARY 20, 1948)
The Security Council,
Considering t hat it m ay invest igat e any disput e or any siut at ion which
might, by its continuance, endanger the maintenance of international peace and
securit y, and t hat , in t he exist ing st at e of affairs bet ween I ndia and Pakist an,
such an investigation is a matter of urgency,
Adopts the following resolution:
A.
B.
C.
D.
E.
F.
*
A Com m ission of t he Securit y Council is hereby established ,
com posed of represent at ives of t hree Mem bers of t he Unit ed
Nat ions, one t o be select ed by I ndia, one t o be select ed by
Pakist an, and t he t hird t o be designat ed by t he t wo so select ed.
Each represent at ive on t he Com m ission shall be ent it led t o select
his alternates and assistants.
The Com m ission shall proceed t o t he spot as quickly as possible. I t
shall act under t he aut horit y of t he Securit y Council and in
accordance wit h t he direct ions it m ay receive from it . I t shall keep
t he Securit y Council current ly inform ed of it s act ivit ies and of t he
development of the situation. It shall report to the Security Council
regularly, submitting its conclusions and proposals.
The Commission is invested with a dual function; (1) to investigate
t he fact s pursuant t o Art icle 34 of t he Chart er of t he Unit ed
Nat ions; ( 2) t o exercise, wit hout int errupt ing t he work of t he
Securit y Council, any m ediat ory influence likely t o sm oot h away
difficult ies, t o carry out t he direct ions given t o it by t he Securit y
Council; and t o report how far t he advice and direct ions, if any, of
the Security Council, have been carried out.
The Com m ission shall perform t he funct ions described in Clause C:
( 1) in regard t o t he sit uat ion in t he Jam m u and Kashm ir St at e set
out in t he let t er of t he Represent at ive of I ndia addressed t o t he
President of t he Securit y Council, dat ed 1 January, 1948, and in
the letter from the Minister of Foreign Affairs of Pakistan addressed
t o t he Secret ary- General, dat ed 15 January 1948; and ( 2) in
regard t o ot her sit uat ions set out in t he let t er from t he Minist er of
Foreign Affairs of Pakist an addressed t o t he Secret ary- General,
dated 15 January 1948, when the Security Council so directs.
The Com m ission shall t ake it s decision by m aj orit y vot e. I t shall
det erm ine it s own procedure. I t m ay allocat e am ong it s m em bers,
alt ernat e m em bers, t heir assist ant s, and it s personnel such dut ies
as m ay have t o be fulfilled for t he realizat ion of it s m ission and t he
reaching of its conclusions.
The Com m ission, it s m em bers, alt ernat e m em bers, t heir
assist ant s, and it s personnel, shall be ent it led t o j ourney,
9
G.
separat ely or t oget her, wherever t he necessit ies of t heir t ask m ay
require, and, in part icular wit hin t hose t errit ories which are t he
theatre of the events of which the Security Council is seized.
The Secret ary- General shall furnish t he Com m ission wit h such
personnel and assistance as it may consider necessary.
[ * United Nations Commission for India and Pakistan
Mem bers: Argent ina nom inat ed by Pakist an, Czechoslovakia nom inat ed by
I ndia, Colum bia and Belgium select ed by t he Securit y Council and one
additional member i.e. USA was nominated by the President of Security Council.
The Czech diplom at Josef Korbel, fat her of Ex- Secret ary of St at e Madeleine
Albright was on t he Com m ission as Represent at ive of Czechoslovakia. Lat er he
wrot e a book on Kashm ir t it led Danger in Kashm ir and highlight ed t he
intransigence of India. ]
10
RESOLUTION OF UN COMMISSION
FOR INDIA & PAKISTAN
(AUGUST 13, 1948)
The United Nations Commission for India and Pakistan,
Having given careful considerat ion t o t he point s of view expressed by t he
Represent at ives of I ndia and Pakist an regarding t he sit uat ion in t he St at e of
Jammu and Kashmir, and
Being of t he opinion t hat t he prom pt cessat ion of host ilit ies and the
coercion of condit ions t he cont inuance of which is likely t o endanger
int ernat ional peace and securit y are essent ial t o im plem ent at ion of it s
endeavours t o assist t he Governm ent s of I ndia and Pakist an in effect ing a final
settlement of the situation.
Resolves t o subm it sim ult aneously t o t he Governm ent s of I ndia and
Pakistan the following proposal:
PART I
Cease- fire order
A.
The Governm ent s of I ndia and Pakist an agree t hat t heir respect ive
High Com m ands will issue separat ely and sim ult aneously a cease- fire
order t o apply t o all forces under t heir cont rol in t he St at e of Jam m u
and Kashmir as of the earliest practicable date or dates to be mutually
agreed upon wit hin four days aft er t hese proposals have been
accepted by both Governments.
B.
The High Com m ands of Indian and Pakist an forces agreed t o refrain
from taking any m easures t hat m ight augm ent t he m ilit ary pot ent ial
of t he forces under t heir cont rol in t he St at e of Jam m u and Kashm ir.
( For t he purpose of t hese proposals forces under t heir cont rol shall
be considered t o include all forces, organized and unorganised,
fighting or participating in hostilities on their respective sides).
C.
The Com m anders- in- Chief of t he Forces of I ndia and Pakist an shall
prom pt ly confer regarding any necessary local changes in present
dispositions which may facilitate the cease- fire.
D.
I n it s discret ion, and as t he Com m ission m ay find pract icable, t he
Com m ission will appoint m ilit ary observers who under t he aut horit y of
t he Com m ission and wit h t he co- operat ion of bot h com m ands will
supervise the observance of the cease- fire order.
E.
The Governm ent of Pakist an agree t o appeal t o t heir respect ive
peoples t o assist in creat ing and m aint aining an at m osphere
favourable to the promotion of further negotiations.
11
PART II
Truce Agreement
Simult aneously wit h t he accept ance of t he proposal for t he im m ediat e cessat ion
of hostilities as out lined in Part I , bot h Governm ent s accept t he following
principles as a basis for t he form ulat ion of a t ruce agreem ent , t he det ails of
which shall be worked out in discussion bet ween t heir Represent at ives and t he
Commission.
A.
(1)
As t he presence of t roops of Pakist an in t he t errit ory of t he
St at e of Jam m u and Kashm ir const it ut es a m at erial change in t he
sit uat ion since it was represent ed by t he Governm ent of Pakistan
before t he Securit y Council, t he Governm ent of Pakist an agrees t o
withdraw its troops from that State.
(2)
The Governm ent of Pakist an w ill use it s best endeavour t o
secure t he wit hdraw al from t he St at e of Jam m u and Kashm ir of
t ribesm en and Pakist an nat ionals not norm ally resident t herein
who have entered the State for the purpose of fighting.
(3)
Pending a final solut ion t he t errit ory evacuat ed by t he
Pakist an t roops will be adm inist ered by t he local aut horit ies under
the surveillance of the Commission.
B.
(1)
When the Commission shall have notified the Government of
India that
t he t ribesm en and Pakist an nat ionals referred t o in
Part II A 2 hereof have wit hdrawn, t hereby t erm inat ing t he
situation which was represented by the Government of India to the
Securit y Council as having occasioned t he presence of I ndian
forces in t he St at e of Jam m u and Kashm ir, and furt her t hat t he
Pakist an forces are being w it hdrawn from t he St at e of Jam m u and
Kashm ir, t he Governm ent of I ndia agrees t o begin t o wit hdraw t he
bulk of t heir forces from t he St at e in st ages t o be agreed upon
with the Commission.
(2)
Pending t he accept ance of t he condit ions for a final
settlement of the situation in the State of Jammu and Kashmir, the
I ndian Governm ent will m aint ain wit hin t he lines exist ing at t he
m om ent of cease- fire t he m inim um st rengt h of it s forces which in
agreement with the Commission are considered necessary to assist
local authorities in the observance of law
and
order.
The
Com m ission will have observers st at ioned where it deem s
necessary.
(3)
The Governm ent of I ndia will undert ake t o ensure t hat t he
Governm ent of t he St at e of Jam m u and Kashm ir will t ake all
m easures wit hin t heir power t o m ake it publicly known t hat peace,
law and order will be safeguarded and t hat all hum an and polit ical
rights will be guaranteed.
Upon signat ure, t he full t ext of t he Truce Agreem ent or
communiqué cont aining t he principles t hereof as agreed upon
C.
12
between the two
public.
Governm ent s and t he Com m ission will be m ade
PART III
The Governm ent of I ndia and t he Governm ent of Pakist an reaffirm t heir wish
t hat t he fut ure st at us of t he St at e of Jam m u and Kashm ir shall be det erm ined
in accordance wit h t he will of t he people and t o t hat end, upon accept ance of
t he Truce Agreem ent bot h Governm ent s agree t o ent er int o consult at ions wit h
t he Com m ission t o det erm ine fair and equit able condit ions whereby such free
expression will be assured.
13
RESOLUTION OF UN COMMISSION
FOR INDIA AND PAKISTAN
( JANUARY 5, 1949)
The United N ations Commission for I ndia and Pakistan,
Having received from t he Governm ent s of I ndia and Pakist an in
com m unicat ions dat ed 23 Decem ber and 25 Decem ber 1948, respect ively their
accept ance of t he following principles which are supplem ent ary t o t he
Com m ission s Resolut ion of 13 August 1948:
1.
2.
3.
4.
The quest ion of t he accession of t he St at e of Jam m u and
Kashm ir t o I ndia or Pakist an will be decided t hrough t he
democratic method of a free and impartial plebiscite;
A plebiscite will be held when it shall be found by t he
Com m ission t hat t he cease- fire and t ruce arrangem ent s set
fort h in Parts I and I I of t he Com m ission s resolut ion of 13
August 1948 have been carried out and arrangem ent s for t he
plebiscite have been completed;
(a)
The Secret ary- General of t he Unit ed Nat ions will, in
agreement wit h t he Com m ission, nom inat e a
Plebiscite Adm inist rat or who shall be a personalit y of
high int ernat ional st anding and com m anding general
confidence. He will be form ally appoint ed t o office by
the Government of Jammu and Kashmir.
(b)
The Plebiscite Administrator shall derive from the
State of Jammu and Kashmir the powers he considers
necessary for organizing and conducting the plebiscite
and for ensuring the freedom and impartiality of the
plebiscite.
(c)
The Plebiscite Adm inist rat or shall have aut horit y t o
appoint such st aff or assist ant s and observers as he
may require.
(a)
Aft er im plem ent at ion of Part s I and I I of t he
Com m ission s resolut ion of 13 August 1948, and when
t he Com m ission is sat isfied t hat peaceful condit ions
have been rest ored in t he St at e, t he Com m ission and
the Plebiscite Adm inist rat or will det erm ine, in
consult at ion wit h t he Governm ent of I ndia, t he final
disposal of I ndia and St at e arm ed forces, such
disposal t o be wit h due regard t o t he securit y of t he
State and the freedom of the plebiscite.
(b)
As regards t he t errit ory referred t o in A 2 of Part I I of
t he resolut ion of 13 August , final disposal of t he
arm ed forces in t hat t errit ory will be det erm ined by
14
5.
6.
7.
8.
t he Com m ission and t he Plebiscite Adm inist rat or in
consultation with the local authorities.
All civil and m ilit ary aut horit ies wit hin t he St at e and t he
principal polit ical elem ent s of t he St at e will be required t o cooperat e wit h t he Plebiscite Adm inist rat or in t he preparat ion for
and the holding of the plebiscite.
(a)
All cit izens of t he St at e who have left it on account of
t he dist urbances will be invit ed and be free t o ret urn
and t o exercise all t heir right s as such cit izens. For
t he purpose of facilit at ing repat riat ion t here shall be
appoint ed t wo Com m issions, one com posed of
nom inees of I ndia and t he ot her of nom inees of
Pakistan.
The Com m ission shall operat e under t he direct ion of
the Plebiscite Adm inist rat or. The Governm ent s of
I ndia and Pakist an and all aut horit ies wit hin t he St at e
of Jam m u and Kashm ir w ill collaborat e wit h t he
Plebiscite Administrat or in put t ing t his provision into
effect.
(b)
All persons ( ot her t han cit izens of t he St at e) who on
or since 15 August 1947, have ent ered it for ot her
t han lawful purpose, shall be required t o leave t he
State.
All aut horit ies w it hin t he St at e of Jam m u and Kashm ir will
undert ake t o ensure in collaborat ion wit h t he Plebiscite
Administrator, that:
(a)
There is no t hreat , coercion or int im idat ion, bribery or
other undue influence on the voters in the plebiscite;
(b)
No rest rict ions are placed on legit im at e polit ical
act ivit y t hroughout t he St at e. All subj ect s of t he
St at e, regardless of creed, cast e or part y, shall be
safe and free in expressing t heir views and in vot ing
on t he quest ion of accession of t he St at e t o I ndia or
Pakist an. There shall be freedom of t he press, speech
and assem bly and freedom of t ravel in t he St at e,
including freedom of lawful entry and exit;
(c)
All political prisoners are released;
(d)
Minorities in all parts of the State are accorded
adequate protections; and
(e)
There is no victimization.
The Plebiscite Adm inist rat or m ay refer t o t he Unit ed Nat ions
Com m ission for I ndia and Pakist an problem s on which he m ay
require assist ance, and t he Com m ission m ay in it s discret ion
call upon t he Plebiscite Administ rat or t o carry out on it s behalf
any of the responsibilities with which it has been entrusted;
15
9.
10.
At t he conclusion of t he plebiscite, t he Plebiscite Administrator
shall report t he result t hereof t o t he Com m ission and t o t he
Governm ent of Jam m u and Kashm ir. The Com m ission shall
t hen cert ify t o t he Securit y Council whet her t he plebiscite has
or has not been free and impartial;
Upon t he signat ure of t he t ruce agreem ent t he det ails of t he
foregoing proposals will be elaborat ed in consult at ions
envisaged in Part I I I of t he Com m ission s resolut ion of 13
August 1948. The Plebiscite Adm inist rat or will be fully
associated in these consultations;
Com m ends t he Governm ent s of I ndia and Pakist an for t heir
prom pt act ion in ordering a cease- fire t o t ake effect from one
m inut e before m idnight of 1 January 1949, pursuant t o t he
agreem ent arrived at as provided for by t he Com m ission s
resolution of 13 August 1948; and
Resolves t o ret urn in im m ediat e fut ure t o t he sub- cont inent t o
discharge t he responsibilit ies im posed upon it by t he resolution
of 13 August 1948 and by the foregoing principles.
16
RESOLUTION 80 (1950) OF UN SECURITY COUNCIL
( MARCH 14, 1950)
The Security Council,
Having received and not ed t he report s of t he Unit ed Nat ions
Com m ission for I ndia and Pakist an est ablished by its resolutions 39 ( 1948)
of 20 January and 47 (1948) of 21 April 1948,
Having also received and not ed t he report of General A.G.L.
McNaught on on t he out com e of his discussion wit h t he represent at ives of
I ndia and Pakist an w hich were init iat ed in pursuance of t he decision t aken
by the Security Council on 17 December 1949,
Commending t he Governm ent s of I ndia and Pakist an for t heir
statesman like act ion in reaching t he agreem ent s em bodied in t he Unit ed
Nat ions Com m ission s resolut ions of 13 August 1948 and 5 January 1949
for a cease- fire, for the demilitarization of the State of Jammu and Kashmir
and for t he det erm inat ion of it s final disposit ion in accordance wit h t he w ill
of t he people t hrough t he dem ocrat ic m et hod of a free and impartial
plebiscite, and com m ending t he part ies in part icular for t heir act ion in
partially implementing these resolutions by
(1)
(2)
The cessation of hostilities effected 1 January 1949,
The establishment of a cease- fire line on 27 July 1949,
and
(3)
The agreement that Fleet Admiral Chester W. Nimitz shall
be Plebiscite Administrator.
Considering t hat t he resolut ion of t he out st anding difficult ies
should be based upon t he subst ant ial m easure of agreem ent of
fundam ent al principles already reached, and t hat st eps should be t aken
fort hw it h for t he dem ilit arizat ion of t he St at e and for t he expedit ious
det erm inat ion of it s fut ure in accordance wit h t he freely expressed w ill of
the inhabitants,
(1)
Calls upon t he Governm ent s of I ndia and Pakist an t o m ake
immediate arrangements without prejudice to their rights or claims
and wit h due regard t o t he requirem ent s of law and order, t o
prepare and execut e wit hin a period of five m ont hs from t he dat e
of t his resolut ion a program m e of dem ilit arizat ion on t he basis of
t he principles of paragraph 2 of General McNaught on s proposal or
of such m odificat ions of t hose principles as m ay be m ut ually
agreed;
17
2.
3.
Decides t o appoint a Unit ed Nat ions Represent at ive for t he
following purposes who shall have aut horit y t o perform his
functions in such place or places as he may deem appropriate:
(a)
To assist in t he preparat ion and t o supervise t he
im plem ent at ion of t he program m e of dem ilit arizat ion
referred t o above and t o int erpret t he agreem ent s
reached by the parties for demilitarization;
(b)
To place him self at t he disposal of t he Governm ent s of
I ndia and Pakist an and t o place before t hose
Governm ent s or t he Securit y Council any suggest ions
which, in his opinion, are likely t o cont ribut e t o t he
expedit ious and enduring solut ion of t he disput e which
has arisen bet ween t he t wo Governm ent s in regard t o
the State of Jammu and Kashmir;
(c)
To exercise all of t he pow ers and responsibilit ies
devolving upon t he Unit ed Nat ions Com m ission for
I ndia and Pakist an by reason of exist ing resolut ions of
t he Securit y Council and by reason of t he agreem ent of
t he part ies em bodied in t he resolut ions of t he Unit ed
Nat ions Com m ission of 13 August 1948 and 5 January
1949;
(d)
To arrange at t he appropriat e st age of dem ilit arizat ion
for t he assum pt ion by t he Plebiscite Adm inist rat or of
the funct ions assigned t o t he lat t er under agreements
made between the parties;
(e)
To report t o t he Securit y Council as he m ay consider
necessary, subm it t ing his conclusions and any
recommendations which he may desire to make;
Request s t he t wo Governm ent s t o t ake all necessary precautions
t o ensure t hat t heir agreem ent s regarding t he cease- fire shall
cont inue t o be fait hfully observed, and calls upon t hem t o t ake all
possible m easures t o ensure t he creat ion and m aint enance of an
atmosphere favourable to the promotion of further negotiations;
4.
Ext ends it s best t hanks t o t he m em bers of t he Unit ed Nat ions
Com m ission for I ndia and Pakist an and t o General A.G.L.
McNaughton for their arduous and fruitful labours;
5.
Agrees t hat t he Unit ed Nat ions Com m ission for I ndia and Pakist an
shall be t erm inat ed, and decides t hat t his shall t ake place one
m ont h aft er bot h part ies have inform ed t he Unit ed Nat ions
Represent at ive of t heir accept ance of t he t ransfer t o him of t he
powers and responsibilit ies of t he Unit ed Nat ions Commission
referred to in paragraph 2 (c) above.
18
RESOLUTION 91 (1951) OF UN SECURITY COUNCIL
( MARCH 30, 1951)
The Security Council,
Having received and not ed t he report of Sir Ow en Dixon, t he Unit ed
Nat ions Represent at ive for I ndia and Pakist an on his m ission init iat ed by t he
Security Council resolution 80 (1950) of 14 March, 1950;
Observing t hat t he Governm ent s of I ndia and Pakist an have accept ed t he
provisions of t he Unit ed Nat ions Com m ission for I ndia and Pakist an resolut ions
of 13 August , 1948 and 5 January, 1949, and have re- affirm ed t heir desire t hat
t he fut ure of t he St at e of Jam m u and Kashm ir shall be decided t hrough t he
dem ocrat ic m et hod of a free and im part ial plebiscite conduct ed under t he
auspices of the United Nations,
Observing t hat on 27 Oct ober, 1950 t he General Council of t he All
Jam m u and Kashm ir Nat ional Conference adopt ed a resolut ion recom m ending
t he convening of a Const it uent Assem bly for t he purpose of det erm ining t he
fut ure shape and affiliat ions of t he St at e of Jam m u and Kashm ir , observing
furt her from st at em ent s of responsible aut horit ies t hat act ion is proposed t o
convene such a Const it uent Assem bly and t hat t he area from which such a
Const it uent Assem bly would be elect ed is only a part of t he whole t errit ory of
Jammu and Kashmir,
Reminding t he Governm ent s and aut horit ies concerned of t he principle
em bodied in it s resolutions 47 ( 1948) of 21 April 1948, 51 ( 1948) of 3 June
1948 and 80 ( 1950) of 14 March 1950 and t he Unit ed Nat ions Com m ission for
I ndia and Pakist an resolut ions of 13 August 1948 and 5 January 1949, t hat t he
final disposit ion of t he St at e of Jam m u and Kashm ir will be m ade in accordance
wit h t he w ill of t he people expressed t hrough t he dem ocrat ic m et hod of a free
and impartial plebiscite conducted under the auspices of the United Nations,
Affirming t hat t he convening of a Const it uent Assem bly as recom m ended
by t he General Council of t he All Jam m u and Kashm ir Nat ional Conference
and any act ion t hat Assem bly m ight at t em pt t o t ake t o det erm ine t he fut ure
shape and affiliat ion of t he ent ire St at e or any part t hereof w ould not const it ut e
a disposition of the State in accordance with the above principle,
Declaring it s belief t hat it is t he dut y of t he Securit y Council in carrying
out it s prim ary responsibilit y for t he m aint enance of int ernat ional peace and
securit y t o aid t he part ies t o reach an am icable solut ion of t he Kashm ir disput e
and t hat a prom pt set t lem ent of t his disput e is of vit al im port ance t o t he
maintenance of international peace and security,
19
Observing from Sir Owen Dixon s report t hat t he m ain point s of
difference preventing agreement between the parties were:
(a)
(b)
1.
2.
3.
4.
5.
6.
7.
8.
The procedure for and t he ext ent of dem ilit arizat ion of t he
State preparatory to the holding of a plebiscite, and
The degree of cont rol over t he exercise of t he funct ions of
governm ent in t he St at e necessary t o ensure a free and fair
plebiscite,
Accept s, in com pliance wit h his request , Sir Owen Dixon s
resignat ion and expresses it s grat it ude t o Sir Owen for t he great
ability and devotion with which he carried out his mission;
Decides t o appoint a Unit ed Nat ions Represent at ive for I ndia and
Pakistan in succession to Sir Owen Dixon;
I nst ruct s t he Unit ed Nat ions Represent at ive t o proceed t o t he subcont inent and, aft er consultation wit h t he Governm ent s of I ndia
and Pakist an, t o effect t he dem ilit arizat ion of t he St at e of Jam m u
and Kashm ir on t he basis of t he Unit ed Nat ions Com m ission for
I ndia and Pakist an resolut ions of 13 August ,1948 and 5 January,
1949;
Calls upon t he part ies t o co- operat e wit h t he Unit ed Nations
Represent at ive
to
t he
fullest
degree
in
effect ing
t he
demilitarization of the State of Jammu and Kashmir;
I nst ruct s t he Unit ed Nat ions Represent at ive t o report t o t he
Securit y Council w it hin t hree m ont hs from t he dat e of his arrival
on t he sub- continent; if, at t he t im e of t his report , he has not
effect ed dem ilit arizat ion in accordance wit h paragraph 3 above, or
obt ained t he agreem ent of t he part ies t o a plan for effect ing such
dem ilit arizat ion, t he Unit ed Nat ions Represent at ive shall report t o
t he Securit y Council t hose point s of difference bet ween t he part ies
in regard t o t he int erpret at ion and execut ion of t he agreed
resolutions of 13 August , 1948 and 5 January, 1949 which he
considers m ust be resolved t o enable such dem ilit arizat ion t o be
carried out;
Calls upon t he part ies, in t he event of t heir discussions wit h t he
Unit ed Nat ions Represent at ive failing in his opinion t o result in full
agreem ent , t o accept arbit rat ion upon all out st anding point s of
difference report ed by t he Unit ed Nat ions Represent at ive in
accordance wit h paragraph 5 above, such arbit rat ion t o be carried
out by an Arbit rat or, or a panel of Arbit rat ors, t o be appoint ed by
t he President of t he I nt ernat ional Court of Just ice aft er
consultation with the parties;
Decide that the Military Observer Group shall continue to supervise
the cease- fire in the State;
Request s t he Governm ent s of I ndia and Pakist an t o ensure t hat
t heir agreem ent regarding t he cease- fire shall cont inue t o be
fait hfully observed and calls upon t hem t o t ake all possible
20
9.
m easures t o ensure t he creat ion and m aint enance of an
at m osphere favourable t o t he prom ot ion of furt her negot iat ions
and t o refrain from any act ion likely t o prej udice a j ust and
peaceful settlement;
Request s t he Secret ary- General t o provide t he Unit ed Nat ions
Represent at ive for I ndia and Pakist an wit h such services and
facilit ies as m ay be necessary in carrying out t he t erm s of t his
resolution.
21
RESOLUTION 96 (1951) OF UN SECURITY COUNCIL
( NOVEMBER 10, 1951)
The Security Council,
Having received and noted t he report of Dr. Frank Graham , t he Unit ed
nat ions Represent at ive for I ndia and Pakist an, on his m ission init iat ed by t he
Securit y Council resolut ion 91 ( 1951) of 30 March 1951, and having heard Dr.
Graham s address t o t he Council of 18 October 1951,
Noting wit h approval t he basis for a program m e of dem ilit arizat ion which
could be carried out in conformity with the previous undertakings of the parties,
put forward by t he Unit ed Nat ions Represent at ive in his com m unicat ion of 7
September, 1951, to the Prime Ministers of India and Pakistan,
1.
Notes w it h grat ificat ion t he declared agreem ent of t he t wo part ies
t o t hose part s of Dr. Graham s proposals which reaffirm t heir det erm inat ion t o
work for a peaceful set t lem ent , t heir w ill t o observe t he cease- fire agreem ent
and t heir accept ance of t he principle t hat t he accession of t he St at e of Jam m u
and Kashm ir should be det erm ined by a free and im part ial plebisit e under t he
auspices of the United Nations;
2.
Instructs t he Unit ed Nat ions Represent at ive t o cont inue his effort s
t o obt ain agreem ent of t he part ies on a plan for effect ing t he dem ilit arizat ion of
the State of Jammu and Kashmir;
3.
Calls upon t he part ies t o co- operat e wit h t he Unit ed Nat ions
Represent at ive t o t he fullest degree in his effort s t o resolve t he out st anding
points of difference between them;
4.
Instructs t he Unit ed Nat ions Represent at ive t o report t o t he
Securit y Council on his effort s, t oget her w it h his view s concerning t he problem s
confided to him, not later than six weeks after this resolution comes into effect.
22
RESOLUTION 98 (1952) OF UN SECURITY COUNCIL
( DECEMBER 24, 1952)
The Security Council,
Recalling it s resolut ions, 91 ( 1951) of 30 March 1951, it s decision of 30
April 1951 and its resolution 96 (1951) of 10 November 1951,
Further Recalling t he provisions of t he Unit ed Nat ions Com m ission for
I ndia and Pakist an resolut ions of 13 August 1948, and 5 January 1949, which
were accept ed by t he Governm ent s of I ndia and Pakist an and which proided
t hat t he quest ion of t he accession of t he St at e of Jam m u and Kashm ir t o I ndia
or Pakist an would be decided t hrough t he dem ocrat ic m et hod of a free and
impartial plebiscite conducted under the auspices of the United Nations,
Having received t he t hird report , dat ed 22 April 1952, and t he fourt h
report , dat ed 16 Sept em ber 1952, of t he Unit ed Nat ions Represent at ive for
India and Pakistan;
Endorses t he general principles on which t he Unit ed nat ions
Represent at ive has sought t o bring about agreem ent bet ween t he Governments
of India and Pakistan;
2.
Notes wit h grat ificat ion t hat t he Unit ed Nat ions Represent at ive has
report ed t hat t he Governm ent s of I ndia and Pakist an have accept ed all but t wo
of the paragraphs of his twelve- point propsals;
3.
Notes t hat agreem ent on a plan of dem ilit arizat ion of t he St at e of
Jam m u and Kashm ir has not been reached because t he Governm ent s of I ndia
and Pakist an have not agreed on t he whole of paragraph 7 of t he t welve- point
porposals;
4.
Urges t he governm ent s of I ndia and Pakist an t o ent er int o
im m ediat e negot iat ions under t he auspices of t he Unit ed Nat ions
Represent at ive for I ndia and Pakist an in order t o reach agreem ent on t he
specific num ber of forces t o rem ain on each side of t he cease- fire line at t he
end of t he period of dem ilit arizat ion, t his num ber t o be bet ween 3,000 and
6,000 arm ed forces rem aining on t he Pakist an side of t he cease- fire line and
bet ween 12,000 and 18,000 arm ed forces rem aining on t he I ndia side of t he
cease- fire line, as suggest ed by t he Unit ed Nat ions Represent at ive in his
proposals of 16 July 1952, such specific num bers t o be arrived at bearing in
m ind t he principles or crit eria cont ained in paragraph 7 of t he Unit ed Nat ions
Represent at ive s proposal of 4 Sept em ber 1952;
23
5.
Records its gratitude to the United Nations Representative for India
and Pakist an for t he great effort s which he has m ade t o achieve a set t lem ent
and request s him t o cont inue t o m ake his services available t o t he
Governments of Inida and Pakistan to his end;
6.
Requests t he Governm ent s of I ndia and Pakist an t o report t o t he
Securit y Council not lat er t han t hirt y days from t he dat e of t he adopt ion of t his
resolution;
7.
Requests t he Unit ed Nat ions Represent at ive for I ndia and Pakist an
to keep the Security Council informed of any progress.
24
RESOLUTION 122 (1957) OF UN SECURITY COUNCIL
( JANUARY 24, 1957)
The Security Council,
Having heard st at em ent s from represent at ives of t he Governm ent s of
I ndia and Pakist an concerning t he disput e over t he St at e of Jam m u and
Kashmir,
Reminding t he Governm ent s and aut horit ies conerned of t he principle
em bodied in it s resolut ions 47 ( 1948) of 21 April 1948, 51 ( 1948) of 3 June,
1948,80 ( 1950) of 14 March 1950 and 91 ( 1951) of 30 March 1951, and t he
Unit ed Nat ions Com m ission for I ndia and Paksit an resolut ions of 13 August
1948 and 5 Janaury 1949, t hat t he final disposit on of t he St at e of Jam m u and
Kashm ir will be m ade in accordance wit h t he will of t he people expressed
t hrough t he dem ocrat ic m et hod of a free and im part ial plebiscite conducted
under the auspecies of the United Nations,
1.
Reaffirms t he affirm at ion in it s resolut in 91 ( 1951) and declares
t hat t he convening of a Const it uent Assem bly as recom m ended by t he General
Council of t he All Jam m u and Kashm ir Nat ional Conference and any act ion
t hat Assem bly m ay have t aken or m ight at t em pt t o t ake t o det erm ine t he
future shape and affiliat ion of t he ent ire St at e or any part t hereof, or act ion by
t he part ies concerned in support of any such act ion by t he Assem bly, would not
constitute a dispositon of the State in accordance with the above principle;
2.
Decides to continue its consideration of the dispute.
25
RESOLUTION 126 (1957) OF UN SECURITY COUNCIL
( DECEMBER 2, 1957)
The Security Council,
Having received and not ed w it h appreciat ion t he report of Mr. Gunner V.
Jarring, t he Represent at ive of Sweden, on t he m ission undert aken by him
pursuant to its resolution 123 (1957) of 21 February 1957,
Expressing it s t hanks t o Mr. Jarring for t he care and abilit y wit h which he
has carried out his mission,
Observing wit h appreciat ion t he expressions m ade by bot h part ies of
sincere willingness t o co- operat e wit h t he Unit ed Nat ions in finding a peaceful
solution,
Observing furt her t hat t he Governm ent s of I ndia and Pakist an recongize
and accept t he provisons of it s resolut ion 38 ( 1948) of 17 Janaury 1948 and of
t he resolut ions of t he Unit ed Nat ions Com m ission for I ndia and Pakist an dat ed
13 August 1948 and 5 Janaury 1949, which envisage in accordance wit h t heir
t erm s t he det rm inat ion of t he fut ure st at us of t he St at e of Jam m u and Kashm ir
in accordance wit h t he will of t he people t hrough t he dem ocrat ic m et hod of a
free and im part ial plebiscite, and t hat Mr. Jarring felt it appropriat e t o explore
what was impeding their full implementation,
Concerned over t he lack of progress t owards a set t lem ent of t he disput e
which his report manifests,
Considering t he im port ance w hich it has at t ached t o dem ilit arizat ion of
the State of Jammu and Kashmir as one of the steps towards settlement,
Recalling it s previous resolut ions and t he resolut ions of t he Unit ed
Nations Commission for India and Pakistan on the India- Pakistan question,
1. Requests t he Governm ent of I ndia and t he Governm ent of Pakist an t o
refrain from m aking any st at em ent s and from doing or causing t o be done or
perm it t ing any act s which m ight aggravat e t he sit uat ion, and t o appeal t o t heir
respect ive peoples t o assist in creat ing and m aint aining an atmosphere
favourable to the promotion of further negotitations;
2. Requests the United Nat ions Represent at ive for I ndia and Pakist an t o
m ake any recom m endat ions t o t he part ies for furt her appropriat e act ion wit h a
view t o m aking progress t owards t he im plem ent at ion of t he resolut ions of t he
Unit ed Nat ions Com m ission for I ndia and Pakist an of 13 August 1948 and 5
Janaury and towards a peaceful settlement;
26
3. Authorizes the United Nations Representative to visit the sub- continent
for these purposes;
4. Instructs t he Unit ed nat ions Represent at ive t o report t o t he Securit y
Council on his efforts as soon as possible.
27
STATEMENT OF THE PRESIDENT OF THE SECURITY COUNCIL
ON 18TH MAY, 1964,
AT THE 1117th MEETING OF SECURITY COUNCIL
SUMMARISING THE CONCLUSION OF THE
DEBATE ON KASHMIR
I
" ( a) The m em bers of t he Council not ed t hat t his week's debat e w as a
cont inuat ion of our discussions of February and March on t he quest ion of
Jam m u and Kashm ir. They recalled t hat t hey had already, part icularly during
t he debat e in February, st at ed t he views of t heir Governm ent s on t he basic
fact s of t he problem , including t he relevant Unit ed Nat ions resolut ions, t he
quest ion as t o t he j uridical st at us of Jam m u and Kashm ir, and t he principles of
t he Chart er applicable t o t he case. They confirm ed t hat t he st at em ent s which t hey
had made at that time were still valid;
" ( b) The m em bers of t he Council expressed t heir concern wit h respect t o t wo
great count ries which have everyt hing t o gain from re- est ablishing good
relat ions wit h each ot her and whose present disput es, part icularly t hat
cent ering upon Jam m u and Kashm ir, should be set t led am icably in t he int erest
of world peace;
" ( c) The m em bers of t he Council expressed t heir feeling t hat recent
developm ent s were such as m ight lead t o t he adopt ion of m ore flexible
posit ions t o bet t er m ut ual underst anding, and t herefore t o a sit uat ion in which
conversat ions bet ween t he part ies concerned would have bet t er prospect s of
leading to a settlement;
" ( d) The m em bers of t he Council expressed t heir convict ion t hat everyt hing
should be done t o consolidat e t hose favorable fact ors and t o avoid j eopardizing
t hose prospect s and t hat t his required an at t it ude of conciliat ory m oderat ion on
t he part of t he bot h part ies and an at t it ude of caut ion, but also of vigilant
attention, on the part of the United Nations;
" ( e) The m em bers of t he Council expressed t he hope t hat bot h Part ies would
refrain from any act which m ight aggravat e t he sit uat ion and t hat t hey would
t ake st eps calculat ed t o reest ablish an at m osphere of m oderat ion bet ween t he
two countries and peace and harmony between the communities;
" ( f) The m em bers of t he Council expressed t he hope t hat , in t he light of our
recent debat es, t he t wo count ries concerned would resum e t heir cont act s in t he
28
near fut ure wit h a view t o set t ling t heir disput es, part icularly t hat centering
upon Jammu and Kashmir, by negotiation;
II
"Several members of the Council expressed the view that the Secretary- General
of t he Unit ed Nat ions m ight possibly give useful assist ance t o t he part ies in
order t o facilit at e t he resum pt ion of negot iat ions in t he event of t he lat t er
encount ering difficult ies. Ot her m em bers of t he Council, however, expressed
the view that the negotiations between India and Pakistan might be complicated
by any out side int ervent ion, and t hat even t he principle of having recourse t o
the Secretary- General should be a matter for agreement between the parties.
III
The India- Pakistan question remains on the agenda of the Security Council."
29
RESOLUTION 211 (1965) OF UN SECURITY COUNCIL
(SEPTEMBER 20, 1965)
The Security Council,
Having considered t he report s of t he Secret ary- Genral
consultations with the Governments of India and Pakistan.
on
his
Commending t he Secret ary- General for his unrelent ing effort s in
furt herance of t he obj ect ives of t he Securit y Council s Resolut ions of 4 and 6
September, respectively,
Having heard t he st et em ent s of t he Represent at ives of I ndia and
Pakistan,
Noting t he differing replies by t he part ies t o an appeal for a cease- fire as
set out in t he report of Secret ary- General (S/6683), but not ing furt her wit h
concern that no cease- fire has yet come into being,
Convinced t hat an early cessat ion of host ilit ies is essent ial as a first st ep
t oward a peaceful set t lem ent of t he out st anding differences bet ween t he t w o
counrties on Kashmir and other related matters,
1.
Demands that cease- fire should t ake effect on Wednesday, 22
September, 1965, at 0700 hours GMT and calls upon both governments to issue
orders for a cease- fire at t hat m om ent and a subsequent w it hdrawal of all
armed personnel back to the positons held by them before 5 August, 1965;
2.
Requests t he Secret ary- General t o provide t he necessary assist ance t o
ensure supervision of the cease- fire and withdrawal of all armed personnel;
3.
Calls on all St at es t o refrain from any act ion which m ight aggravat e the
situation in the area;
4.
Decides t o consider as soon as operat ive Paragraph I of Council s
Resolut ion 210 ( 1965) of 6 Sept em ber has been im plem ent d, what st eps could
be t aken t o assist t owards a set t lem ent of t he polit ical problem (Kashmir)
underlying t he present conflict , and in t he m eant im e calls on t he t wo
Governm ent s t o ut ilize all peaceful m eans, including t hose list ed in Art icle 33 of
the Charter, to this end;
5.
Requests the Secretary- General to exert every possible effort t o give
effect t o t his resolut ion, t o seek a peaceful solut ion, and t o report t o the
Security Council thereon.
30
RESOLUTION 307 (1971) OF UN SECURITY COUNCIL
( DECEMBER 21, 1971)
The Security Council,
Having discussed t he grave sit uat ion in t he sub- cont inent , which rem ains
a threat to internaitonal peace and security,
Noting General Assembly Resolution 2793 (XXVI) of 7 December 1971,
Noting the reply of the Government of Pakistan on 9 December 1971,
Noting the reply of the Government of India on 12 Decmeebr 1971,
Having heard t he st at em ent of t he Deput y Prim e Minist er of Pakist an and
the Foreign Minister of India,
Noting furt her t he st at em ent m ade at t he 1616 th m eet ing of t he Securit y
Council by t he Foreign Minist er of I ndia cont aining a unilat eral declarat ion of a
cease- fire in the western theatre,
Noting Pakist an s agreem ent t o t he cease- fire in t he west ern t heat re wit h
effect from 17 December 1971,
Noting t hat consequent ly a cease- fire and a cessat ion of hostilities
prevail,
1.
Demands t hat a durable cease- fire and cessat ion of all host ilit ies in all
areas of conflict be st rict ly observed and rem ain in effect unt il wit hdrawals t ake
place, as soon as pract icable, of all arm ed forces t o t heir repsect ive t errit ories
and t o posit ions which fully respect t he cease- fire line in Jam m u and Kashmir
supervised by the United Nations Military Observer Group in India and Pakistan;
2.
Calls upon all Mem ber St at es t o refrain from any act ion w hich m ay
aggravate the situation in the sub- continent or endanger intrnational peace;
3.
Calls upon all t hose concerned t o t ake all m easures necessary t o
preserve hum an life and for t he observance of t he Geneva Convent ions of 1949
and t o apply in full t heir provisons as regards t he prot ect ion of t he w ounded
and sick prisoners of war and civilian population;
4.
Calls for int ernat ional assist ance in t he relief of suffering and t he
rehabilit at ion of refugees and t heir ret urn in safet y and diginit y t o t heir hom es,
and for full cooperation with the Secretary- General to that effect;
31
5.
Authorizes t he Secretary- General t o appoint if necessary a special
represent at ive t o lend his good offices for t he solut ion of hum anit arian
problems;
6.
Requests t he Secret ary- General t o keep t he Council inform ed wit hout
delay on developm ent s relat ing t o t he im plem ent at ion of t he present
resolutions;
7.
Decides t o rem ain seized of t he m at t er and t o keep it under act ive
consideration.
32
RESOLUTION 1172 (1998) OF UN SECURITY COUNCIL
( JUNE 6, 1998)
The Security Council,
Reaffirming t he st at em ent s of it s President of
(S/PRST/1998/12) and of 29 May 1998 (S/PRST/1998/l7),
14
May
1998
Reiterating t he st at em ent of it s President of 31 January 1992 ( S/ 23500) ,
which stated, inter alia, that the proliferation of all weapons of mass destruction
constitutes a threat to international peace and security,
Gravely concerned at t he challenge t hat t he nuclear t est s conduct ed by
I ndia and t hen by Pakist an const it ut e t o int ernat ional effort s aim ed at
st rengt hening t he global regim e of non- proliferat ion of nuclear weapons, and
also gravely concerned at the danger to peace and stability in the region,
Deeply concerned at t he risk of a nuclear arm s race in Sout h Asia, and
determined to prevent such a race,
Reaffirming t he crucial im port ance of t he Treat y on t he Non- Proliferation
of Nuclear Weapons and t he Com prehensive Nuclear Test Ban Treat y for global
efforts towards nuclear non- proliferation and nuclear disarmament,
Recalling t he Principles and Obj ect ives for Nuclear Non- Proliferat ion and
Disarm am ent adopt ed by t he 1995 Review and Ext ension Conference of t he
Part ies t o t he Treat y on t he Non- Proliferat ion of Nuclear Weapons, and t he
successful outcome of that Conference,
Affirming t he need t o cont inue t o m ove wit h det erm inat ion t owards t he
full realizat ion and effect ive im plem ent at ion of all t he provisions of t he Treat y
on t he Non- Proliferat ion of Nuclear Weapons, and welcom ing t he det erm inat ion
of t he five nuclear- weapon St at es t o fulfill t heir com m it m ent s relat ing t o
nuclear disarmament under Article VI of that Treaty,
Mindful of it s prim ary responsibilit y under t he Chart er of t he Unit ed
Nations for the maintenance of international peace and security,
1.
Condemns t he nuclear t est s conduct ed by I ndia on 11 and 13 May 1998
and by Pakistan on 28 and 30 May 1998;
2.
Endorses t he Joint Com m uniqué issued by t he Foreign Minist ers of China,
France, t he Russian Federat ion, t he Unit ed Kingdom of Great Brit ain and
Nort hern I reland and t he Unit ed St at es of Am erica at t heir m eet ing in Geneva
on 4 June 1998 ( S/1998/473);
33
3.
Demands that India and Pakistan refrain from further nuclear tests and in
t his cont ext calls upon all St at es not t o carry out any nuclear w eapon t est
explosion or any ot her nuclear explosion in accordance wit h t he provisions of
the Comprehensive Nuclear Test Ban Treaty;
4.
Urges I ndia and Pakist an t o exercise m axim um rest raint and t o avoid
t hreat ening m ilit ary m ovem ent s, cross- border violat ions, or ot her provocat ions
in order to prevent an aggravation of the situation;
5.
Urges I ndia and Pakist an t o resum e t he dialogue bet ween t hem on all
out st anding issues, part icularly on all m at t ers pert aining t o peace and securit y,
in order t o rem ove t he t ensions bet w een t hem , and encourages t hem t o find
m ut ually accept able solut ions t hat address t he root causes of t hose t ensions,
including Kashmir;
6.
Welcomes t he effort s of t he Secret ary- General t o encourage I ndia and
Pakistan to enter into dialogue;
7.
Calls upon I ndia and Pakist an im m ediat ely t o st op t heir nuclear weapon
developm ent program m es, t o refrain from weaponisat ion or from t he
deploym ent of nuclear weapons, t o cease developm ent of ballist ic m issiles
capable of delivering nuclear weapons and any furt her product ion of fissile
m at erial for nuclear weapons, t o confirm t heir policies not t o export equipm ent ,
materials or technology that could contribute to weapons of mass destruction or
m issiles capable of delivering t hem and t o undert ake appropriat e com m it m ent s
in that regard;
8.
Encourages all St at es t o prevent t he export of equipm ent , m at erials or
t echnology t hat could in any way assist program m es in I ndia or Pakist an for
nuclear w eapons or for ballist ic m issiles capable of delivering such weapons,
and welcomes national policies adopted and declared in this respect;
9.
Expresses it s grave concern at t he negat ive effect of t he nuclear t est s
conduct ed by I ndia and Pakist an on peace and st abilit y in Sout h Asia and
beyond;
10.
Reaffirms it s full com m it m ent t o and t he crucial im port ance of t he Treat y
on t he Non- Proliferat ion of Nuclear Weapons and t he Com prehensive Nuclear
Test Ban Treat y as t he cornerst ones of t he int ernat ional regim e on t he nonproliferat ion of nuclear weapons and as essent ial foundat ions for t he pursuit of
nuclear disarmament;
11.
Expresses it s firm convict ion t hat t he int ernat ional regim e on t he nonproliferat ion of nuclear weapons should be m aint ained and consolidat ed and
recalls t hat in accordance wit h t he Treat y on t he Non- Proliferat ion of Nuclear
Weapons India or Pakistan cannot have the status of a nuclear- weapon State;
34
12.
Recognizes t hat t he t est s conduct ed by I ndia and Pakist an const it ut e a
serious t hreat t o global effort s t owards nuclear non- proliferat ion and
disarmament;
13.
Urges I ndia and Pakist an, and all ot her St at es t hat have not yet done so,
t o becom e Part ies t o t he Treat y on t he Non- Proliferat ion of Nuclear Weapons
and t o t he Com prehensive Nuclear Test Ban Treat y wit hout delay and wit hout
conditions;
14.
Urges I ndia and Pakist an t o part icipat e, in a posit ive spirit and on t he
basis of the agreed mandate, in negotiations at the Conference on Disarmament
in Geneva on a t reat y banning t he product ion of fissile m at erial for nuclear
weapons or ot her nuclear explosive devices, wit h a view t o reaching early
agreement;
15.
Requests t he Secret ary- General t o report urgent ly t o t he Council on t he
steps taken by India and Pakistan to implement the present resolution;
16.
Expresses it s readiness t o consider furt her how best t o ensure t he
implementation of the present resolution;
17.
Decides to remain actively seized of the matter.
35
TASHKENT
AGREEMENT
(FEBRUARY 10, 1966)
The Prim e Minist er of I ndia and t he President of Pakist an, having m et at
Tashkent and having discussed t he exist ing relat ions bet ween I ndia and
Pakistan, hereby declare t heir firm resolve t o rest ore norm al and peaceful
relat ions bet ween t heir count ries and t o prom ot e underst anding and friendly
relat ions bet ween t heir peoples. They consider t he at t ainm ent of t hese
obj ect ives of vit al im port ance for t he w elfare of t he 600 m illion people of I ndia
and Pakistan.
( i) The Prim e Minist er of I ndia and t he President of Pakist an agree t hat bot h
sides will exert all effort s t o creat e good neighborly relat ions bet ween I ndia and
Pakist an in accordance w it h t he Unit ed Nat ions Chart er. They reaffirm their
obligat ion under t he Chart er not t o have recourse t o force and t o set t le t heir
disputes through peaceful means. They considered that the interests of peace in
t heir region and part icularly in t he I ndo- Pakist an subcont inent and, indeed, t he
int erest s of t he peoples of I ndia ad Pakist an were not served by t he
cont inuance of t ension bet ween t he t wo count ries. I t was against t his
background t hat Jam m u & Kashm ir was discussed, and each of t he sides set
forth its respective position.
( ii) The Prim e Minist er of I ndia and t he President of Pakist an have agreed t hat
all arm ed personnel of t he t w o count ries shall be wit hdrawn not lat er t han 25
February 1966 to the positions they held prior to 5 August 1965, and both sides
shall observe the cease- fire terms on the cease- fire line.
( iii) The Prim e Minist er of I ndia and t he President of Pakist an have agreed t hat
relat ions bet ween I ndia and Pakist an shall be based on t he principle of noninterference in the internal affairs of each other.
( iv) The Prim e Minist er of I ndia and t he President of Pakist an have agreed t hat
bot h sides will discourage any propaganda direct ed against t he ot her count ry
and will encourage propaganda which prom ot es t he developm ent of friendly
relations between the two countries.
( v) The Prim e Minist er of I ndia and t he President of Pakist an have agreed t hat
t he High Com m issioner of I ndia t o Pakist an and t he High Com m issioner of
Pakistan t o I ndia will ret urn t o t heir post s and t hat t he norm al funct ioning of
diplom at ic m issions of bot h count ries will be rest ored. Bot h Governm ent s shall
observe the Vienna Convention of 1961 on Diplomatic Intercourse.
( vi) The Prim e Minist er of I ndia and t he President of Pakist an have agreed t o
consider m easures t owards t he rest orat ion of econom ic and t rade relat ions,
communications, as well as cultural exchanges between India and Pakistan, and
t o t ake m easures t o im plem ent t he exist ing agreem ent bet ween I ndia and
Pakistan.
36
( vii) The Prim e Minist er of I ndia and t he President of Pakist an have agreed t hat
t hey will give inst ruct ions t o t heir respect ive aut horit ies t o carry out t he
repatriation of the prisoners of war.
( viii) The Prim e Minist er of I ndia and t he President of Pakist an have agreed t hat
both t he t wo sides will cont inue t he discussions of quest ions relat ing t o t he
problem s of refugees and evict ion of illegal im m igrants. They also agreed t hat
bot h sides will creat e condit ions which will prevent t he exodus of people. They
furt her agree t o discuss t he ret urn of t he propert y and asset s t aken over by
either side in connection with the conflict.
( ix) The Prim e Minist er of I ndia and t he President of Pakist an have agreed t hat
t he t wo sides w ill cont inue m eet ings bot h at highest and at ot her levels on
m at t ers of direct concern t o bot h count ries. Bot h sides have recognized t he
need t o set up j oint I ndian- Pakist ani bodies which will report t o t heir
Governments in order to decide what further steps should be taken.
The Prim e Minist er of I ndia and t he President of Pakist an record t heir feelings,
deep appreciat ion and grat it ude t o t he leaders of t he Soviet Union, t he Soviet
Governm ent and personally t o t he Chairm an of t he Council of Minist ers of t he
USSR for t heir const ruct ive, friendly and noble part in bringing about t he
present m eet ing, which has result ed in m ut ually sat isfact ory result s. They also
express t o t he Governm ent and friendly people of Uzbekist an t heir sincere
thankfulness for their overwhelming reception and generous hospitality.
They invit e t he Chairm an of t he Council of Minist ers of t he USSR t o wit ness t his
declaration.
37
SIMLA ACCORD
(JULY 2, 1972)
The Governm ent of Pakist an and Governm ent of I ndia are resolved t hat t he t wo
count ries put an end t o t he conflict and confront at ion t hat have hit hert o m arred
t heir relat ions and work for t he prom ot ion of a friendly and harm onious
relat ionship and t he est ablishm ent of durable peace in t he sub- cont inent , so t he
bot h count ries m ay hencefort h devot e t heir resources and energies t o t he pressing
task of advancing the welfare of their people.
I n order t o achieve t his obj ect ive, t he Governm ent of Pakist an and t he
Government of India have agreed as follows:
i)
ii)
iii)
iv)
v)
vi)
That t he principles and purposes of t he Chart er of t he Unit ed Nat ions
shall govern the relations between the two countries;
That t he t wo count ries are resolved t o set t le t heir differences by
peaceful m eans t hrough bilat eral negot iat ions or by any ot her peaceful
m eans m ut ually agreed upon bet ween t hem . Pending t he final
set t lem ent of any of t he problem s bet w een t he t wo count ries, neit her
side shall unilat erally alt er t he sit uat ion and bot h shall prevent the
organizat ion, assist ance and encouragem ent of any act s det rim ent al t o
the maintenance of peaceful and harmonious relations;
That t he pre- requisit e for reconciliat ion, good neighbourliness and
durable peace bet w een t hem is a com m it m ent by bot h t he count ries t o
peaceful co- exist ence, respect for each ot her s t errit orial int egrit y; and
sovereignt y and non- int erference in each ot her int ernal affairs, on t he
basis of equality and mutual benefit;
That t he basic issues and causes ( Kashm ir, et c) of conflict which have
bedeviled t he relat ions bet w een t he t w o count ries for t he last 25 years
shall be resolved by peaceful means;
That t hey shall alw ays respect each ot her s nat ional unit y, t errit orial
integrity, political independence and sovereign equality;
That in accordance wit h t he Chart er of t he Unit ed Nat ions t hey will
refrain from t he t hreat or use of force against t he t errit orial int egrit y or
political independence of each other.
Both the Governm ent s will t ake all st eps w it hin t heir powers t o prevent
hostile propaganda direct ed against each ot her. Bot h count ries will encourage
t he dissem inat ion of such inform at ion as would prom ot e t he developm ent of
friendly relations between them.
I n order progressively t o rest ore and norm alize relat ions bet ween t he
two countries step by step, it was agreed that:
i)
Steps shall be taken to resume communications, postal, telephographic,
sea, land including border posts and air links including over flights.
38
ii)
iii)
iv)
v)
Appropriat e st eps shall be t aken t o prom ot e t ravel facilit ies for t he
nationals of the other countries.
Trade and co- operat ion in econom ic and ot her agreed fields will be
resumed as far as possible.
Exchange in the fields of science and culture will be promoted.
In this connection delegations from the two countries will meet from
time to time to work out the necessary details.
I n order t o init iat e t he process of t he est ablishm ent of durable peace,
both the Governments agree that:
i)
ii)
iii)
Pakist ani and I ndian forces shall be withdrawn t o t heir side of t he
international border.
In Jammu and Kashmir, the Line of Control resulting from the cease- fire
of Decem ber 17, 1971 shall be respect ed by bot h sides wit hout
prej udice t o t he recognized posit ion of eit her side. Neit her side shall
seek t o alt er it unilat erally, irrespect ive of m ut ual differences and legal
int erpret at ions. Bot h sides furt her undert ake t o refrain from t hreat or
the use of force in violation of this Line.
The wit hdrawals shall com m ence upon ent ry int o force of t his
agreement and shall be completed within a period of 30 days thereof.
This Agreem ent will be subj ect t o rat ificat ion by bot h count ries in
accordance will t heir respect ive const it ut ional procedures and will com e int o
force wit h effect from t he dat e on which t he I nst rum ent s of Rat ificat ion are
exchanged.
Both Governm ent s agree t hat t heir respect ive Heads will m eet again at
a m ut ually convenient t im e in t he fut ure and t hat , in t he m eanwhile, t he
represent at ives of t he t wo sides will m eet t o discuss furt her t he m odalit ies and
arrangem ent s for t he est ablishm ent of durable peace and norm alizat ion of
relat ions, including t he quest ions of repat riat ion of prisoners of war and civilian
internees, a final set t lem ent of Jam m u and Kashm ir and t he resum pt ion of
diplomatic relations.
39
ISLAMABAD AGREEMENT
(JUNE 23, 1997)
The Foreign Secret aries of Pakist an and I ndia, Mr. Sham shad Ahm ad and
Shri Salman Haidar met in Islamabad on 19 23 June, 1997.
2.
As decided at t heir m eet ing in New Delhi in March 1997 and as direct ed
by t heir respect ive Prim e Minist ers, t he Foreign Secret aries of I ndia and
Pakist an cont inued t heir wide- ranging and com prehensive dialogue on all
out st anding issues bet ween t he t wo count ries wit h each side elaborat ing it s
respect ive posit ion. The discussions were held in a cordial and const ruct ive
atmosphere. I t was also agreed t hat bot h sides would t ake all possible st eps t o
prevent hostile propaganda and provocative actions against other.
3.
Wit h t he obj ect ive of prom ot ing a friendly and harm onious relat ionship
between Pakistan and India, the Foreign Secretaries have agreed *as follows:i.
t o address all out st anding issues of concern t o bot h
including, inter alia:
a)
Peace and security, including CBMs
b)
Jammu and Kashmir
c)
Siachen
d)
Wullar Barrage Project/Tulbul Navigation Project
e)
Sir Creek
f)
Terrorism and drug- trafficking
g)
Economic and commercial cooperation
h)
Promotion of friendly exchanges in various fields.
sides
ii.
t o set up a m echanism , including working groups at appropriat e
levels, t o address all t hese issues in an int egrat ed m anner. The issues at
( a) and ( b) above w ill be dealt wit h at t he level of Foreign Secret aries
who will also coordinat e and m onit or t he progress of work of all t he
working groups.
4.
The t wo Foreign Secret aries also had a prelim inary exchange of views on
the composition of the working groups and their methodology. It was decided to
continue the consideration of this matter through diplomatic channels.
(*Composite Dialogue)
40
LAHORE DECLARATION
(FEBRUARY 21, 1999)
The Prim e Minist ers of t he I slam ic Republic of Pakist an and t he Republic of
India:Sharing a vision of peace and st abilit y bet ween t heir count ries, and of
progress and prosperity for their peoples;
Convinced t hat durable peace and developm ent of harm onious relat ions
and friendly cooperat ion will serve t he vit al int erest s of t he peoples of t he t wo
countries, enabling them to devote their energies for a better future;
Recognizing t hat t he nuclear dim ension of t he securit y environm ent of
t he t wo count ries adds t o t heir responsibilit y for avoidance of conflict bet ween
the two countries;
Committed t o t he principles and purpose of t he Chart er of t he Unit ed
Nations, and the universally accepted principles of peaceful co- existence;
Reiterating t he det erm inat ion of bot h count ries t o im plem ent ing t he
Simla Agreement in letter and spirit;
Committed t o t he obj ect ives of universal nuclear disarm am ent and non
proliferation;
Convinced of t he im port ance of m ut ually agreed confidence building
measures for improving the security environment;
Recalling t heir agreem ent of 23 Sept em ber, 1998, t hat an environm ent
of peace and securit y is in t he suprem e nat ional int erest of bot h sides and t hat
t he resolut ion of all out st anding issues, including Jam m u and Kashm ir, is
essential for this purpose;
Have agreed that their respective governments:-
shall int ensify t heir effort s t o resolve all issues, including t he issue of
Jammu and Kashmir.
-
shall refrain from int ervent ion and int erference in each ot her s int ernal
affairs.
-
shall int ensify t heir com posit e and int egrat ed dialogue process for an
early and positive outcome of the agreed bilateral agenda.
41
-
shall take im m ediat e st eps for reducing t he risk of accident al or
unaut horized use of nuclear weapons and discuss concept s and
doct rines wit h a view t o elaborat ing m easures for confidence building
in the nuclear and conventional fields, aimed at prevention of conflict.
-
reaffirm t heir com m it m ent t o t he goals and obj ect ives of SAARC and
t o concert t heir effort s t owards t he realizat ion of t he SAARC vision for
the year 2000 and beyond with a view to promoting the welfare of the
peoples of Sout h Asia and t o im prove t heir qualit y of life t hrough
accelerat ed econom ic growt h,
social progress and
cult ural
development.
-
reaffirm t heir condem nat ion of t errorism in all it s form s and
manifestations and their determination to combat this menace.
-
shall prom ot e
freedoms.
and
prot ect
42
all
hum an
right s
and
fundam ent al
ISLAMABAD DECLARATION
(JANUARY 6, 2004)
The President of Pakist an and t he Prim e Minist er of I ndia m et during t he
SAARC Summit in Islamabad.
The I ndian Prim e Minist er while expressing sat isfact ion over t he
successful conclusion of t he SAARC Sum m it appreciat ed t he excellent
arrangements made by the host country.
Bot h leaders w elcom ed t he recent st eps t owards norm alizat ion of
relat ions bet ween t he t wo count ries and expressed t he hope t hat t he posit ive
trends set by the CBMs would be consolidated.
Prim e Minist er Vaj payee said t hat in order t o t ake forward and sust ain
t he dialogue process, violence, host ilit y and t errorism m ust be prevent ed.
President Musharraf reassured Prim e Minist er Vaj payee t hat he will not perm it
any t errit ory under Pakist an s cont rol t o be used t o support t errorism in any
m anner. President Musharraf em phasized t hat a sust ained and product ive
dialogue addressing all issues would lead to positive results.
To carry t he process of norm alizat ion forward t he President of Pakist an
and t he Prim e Minist er of I ndia agreed t o com m ence t he process of t he
Composite Dialogue in February 2004. The t wo leaders are confident t hat t he
resumption of t he Composite Dialogue will lead t o peaceful set t lem ent of all
bilateral issues, including Jammu and Kashmir, to the satisfaction of both sides.
The t wo leaders agreed t hat const ruct ive dialogue would prom ot e
progress t owards t he com m on obj ect ive of peace, securit y and econom ic
development for our peoples and for future generations.
43
CONSTITUTIONS
i.
CONSTITUTION OF PAKISTAN
Article 257: When t he people of t he St at e of Jam m u and Kashm ir
decide t o accede t o Pakist an, t he relat ionship bet ween
Pakist an and t hat St at e shall be det erm ined in
accordance with the wishes of the people of that State.
ii.
CONSTITUTION OF INDIA
Article 370:
a.
Notwithstanding anything in this Constitution i. t he provisions of Art icles 238 shall not apply in relat ion t o
the State of Jammu and Kashmir, ii. t he power of Parliam ent t o m ake laws for t he said St at e
shall be limited toi.
t hose m at t ers in t he Union List and t he Concurrent
List which in consult at ion wit h t he Governm ent of
t he St at e, are declared by t he President t o
correspond t o m at t ers specified in t he I nst rum ent
of Accession governing t he accession of t he St at e
t o t he Dom inion of I ndia as t he m at t ers wit h
respect t o which t he Dom inion Legislat ure m y
make laws for that State; and
ii.
such ot her m at t ers in t he said List s as, wit h t he
concurrence of t he Governm ent of t he St at e, t he
President may by order specify.
*
Explanation. For t he purposes of t his Art icle, t he Governm ent of t he
St at e m eans t he person for t he t im e being recognized by t he
President as the Maharaja of Jammu and Kashmir acting on the advice
of t he Council of Minist ers for t he t im e being in office under t he
Maharaj a s Proclam at ion dat ed t he fift h day of March, 1948;
iii.
iv.
t he provisions of Art icle ( 1) and of t his Art icle
apply in relation to that State;
such of the other provisions of this Constitution
apply in relat ion t o t hat St at e subj ect t o
except ions and m odificat ions as t he President
by order specify:
shall
shall
such
m ay
Provided t hat no such order which relat ed t o t he m at t ers
specified in t he I nst rum ent of Accession of t he St at e referred t o in
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paragraph ( i) of sub- clause ( b) shall be issued except in consult at ion
with the Government of the State:
Provided furt her t hat no such order which relat es t o m at t ers
ot her t han t hose referred t o in t he last preceding proviso shall be
issued except with concurrence of that Government.
b. I f t he concurrence of t he Governm ent of t he St at e referred t o in
paragraph ( ii) of sub- clause ( b) of clause ( 1) or in t he second
proviso t o sub- clause ( d) of t hat clause be given before t he
Const it uent Assem bly for t he purpose of fram ing t he Const it ut ion
of t he St at e is convened, it shall be placed before such Assem bly
for such decision as it may take thereon.
c. Not wit hst anding anyt hing in t he foregoing provisions of t he Art icle,
t he President m ay, by public not ificat ion, declare t hat t his Art icle
shall cease t o be operat ive or shall be operat ive only wit h such
except ions and m odificat ions and from such dat e as he m ay
specify:
Provided t hat t he recom m endat ion of t he Const it uent Assem bly of t he St at e
referred t o in clause ( 2) shall be necessary before t he President issues such a
notification.
_______________________________________________________________
*
I n exercise of t he powers conferred by t his art icle t he President , on t he
recommendat ion of t he Const it uent Assem bly of t he St at e of Jam m u and Kashm ir,
declared t hat , as from t he 17 th day of Novem ber, 1952, t he said art . 370 shall be
operat ive wit h t he m odificat ion t hat for t he Explanat ion in col. ( 1) t hereof, t he following
Explanation is substituted, namely:Explanat ion.
For t he purposes of t his Art ., t he Governm ent of t he St at e m eans t he
person for t he t im e being recognized by t he Pr esident on t he recom m endat ion of t he
Legislat ive Assem bly of t he St at e as t he * Sadar- i- Riyasat of Jam m u and Kashm ir, act ing
on t he advice of t he Council of Minist ers of t he St at e for t he t im e being in office .
(Ministry of Law Order No. C. O. 44, dated 15th November, 1952)
* Now Gover nor . ( The sixt h am endm ent of t he const it ut ion of Jam m u and Kashm ir,
enact ed in 1965, abrogat ed t he office of Sadar- i- Riyasat and replaced it will Governor t o
be appointed by the President of India)
45
HUMAN RIGHTS VIOLATIONS COMMITTED BY INDIAN
TROOPS IN INDIAN OCCUPIED KASHMIR
(JANUARY, 1989 JUNE, 2011)
Total Killings
93,620
Houses/Shops Destroyed
105,922
Children Orphaned
107,425
Women Molested
9,999
Women Widowed
22,757
(Source: All Parties Hurriyet Conference)
Courtesy: Kashmir Media Service
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JAMMU & KASHMIR
47
INDIAN OCCUPIED KASHMIR
PARLIAMENTARY SPECIAL COMMITTEE ON KASHMIR
PARLIAMENT HOUSE, ISLAMABAD
TEL: 0092 51 9201972, 9022454,
FAX: 0092 51 9209768, 9208930
Email: [email protected]
Website: www.na.gov.pk
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