Friday, December 01, 2006

UN Resolutions on Jammu and Kashmir


Very few people know exactly what the UN Resolutions on Jammu and Kashmir say. Far too many people believe the Pakistani propaganda. For them, I am presenting the original texts of the UN Resolutions and other important documents pertaining to Kashmir.

I urge everybody to spare a few minutes to read some of the documents. Once they do so, they will understand the full extent of Pakistani propaganda on this subject.

I'm presenting the most important two documents below. The rest can be found at the Association for Communal Harmony in Asia (ACHA) Archive of Kashmir Resources.

UN Resolution August 13, 1948

U.N. Resolution August 13, 1948.

This is the most significant resolution passed by the UN on the state of Jammu & Kashmir. It clearly states that Pakistan was to vacate its troops from the whole of the state. It also mentions, albeit indirectly, that Pakistan had consistently lied on the question of whether or not its troops were involved in the fighting in Jammu & Kashmir. Once the then Pakistani Prime Minister conceded that Pakistani troops were indeed involved, the UN had no option but to ask for their withdrawal. That the withdrawal never took place, is another story.

The United Nations Commission for India and Pakistan.

Having given careful consideration to the points of view expressed by the representatives of India and Pakistan regarding the situation in the State of Jammu and Kashmir; and

Being of the opinion that the prompt cessation of hostilities and the correction of conditions the continuance of which is likely to endanger international peace and security are essential to implementation of its endeavors to assist the Governments of India and Pakistan in effecting a final settlement of the situation;

Resolves to submit simultaneously to the Governments of India and Pakistan the following proposal:
PART I: CEASE-FIRE ORDER

A. The Governments of India and Pakistan agree that their respective High Commands will issue separately and simultaneously a cease-fire order to apply to all forces under their control and in the State of Jammu and Kashmir as of the earliest practicable date or dates to be mutually agreed upon within four days after these proposals have been accepted by both Governments.

B.The High Commands of the Indian and Pakistani forces agree to refrain from taking any measures that might augment the military potential of the forces under their control in the State of Jammu and Kashmir. ( For the purpose of these proposals forces under their control shall be considered to include all forces, organized and unorganized, fighting or participating in hostilities on their respective sides.

C.The Commanders-in-Chief of the forces of India and Pakistan shall promptly confer regarding any necessary local changes in present dispositions which may facilitate the cease-fire.

D. In its discretion and as the Commission may find practicable, the Commission will appoint military observers who, under the authority of the Commission and with the co-operation of both Commands, will supervise the observance of the cease-fire order.

E. The Government of India and the Government of Pakistan agree to appeal to their respective peoples to assist in creating and maintaining an atmosphere favourable to the promotion of further negotiations.
PART II: TRUCE AGREEMENT
Simultaneously with the acceptance of the proposal for the immediate cessation of hostilities as outlined in Part I, both the Governments accept the following principles as a basis for the formulation of a truce agreement, the details of which shall be worked out in discussion between their representatives and the Commission.

A.

1. As the presence of troops of Pakistan in the territory of the State of Jammu and Kashmir constitutes a material change in the situation since it was represented by the Government of Pakistan before the Security Council, the Government of Pakistan agrees to withdraw its troops from that State.

2. The Government of Pakistan will use its best endeavour to secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the State for the purpose of fighting.

3. Pending a final solution, the territory evacuated by the Pakistani troops will be administered by the local authorities under the surveillance of the commission.

B.

1.When the commission shall have notified the Government of India that the tribesmen and Pakistani nationals referred to in Part II, A, 2, hereof have withdrawn, thereby terminating the situation which was represented by the Government of India to the Security Council as having occasioned the presence of Indian forces in the State of Jammu and Kashmir, and further, that the Pakistani forces are being withdrawn from the State of Jammu and Kashmir, the Government of India agrees to begin to withdraw the bulk of its forces from that State in stages to be agreed upon with the Commission.

2. Pending the acceptance of the conditions for a final settlement of the situation in the State of Jammu and Kashmir, the Indian Government will maintain within the lines existing at the moment of the cease-fire the minimum strength of its forces which in agreement with the commission are considered necessary to assist local authorities in the observance of law and order. The Commission will have observers stationed where it deems necessary.

3. The Government of India will undertake to ensure that the Government of the State of Jammu and Kashmir will take all measures within its powers to make it publicly known that peace, law and order will be safeguarded and that all human political rights will be granted.

4. Upon signature, the full text of the truce agreement or a communique containing the principles thereof as agreed upon between the two Governments and the Commission, will be made public.

PART III

The Government of India and the Government of Pakistan reaffirm their wish that the future status of the State of Jammu and Kashmir shall be determined in accordance with the will of the people and to that end, upon acceptance of the truce agreement, both Governments agree to enter into consultations with the Commission to determine fair and equitable conditions whereby such free expression will be assured.

Source: United Nations



U.N. Assurances to India

Resolution on Assurances adopted by U.N. Commission for India and Pakistan(UNCIP) 1948

This resolution was in the form of an assurance provided to India before the main U.N. Resolution of August 13, 1948, was to be implemented. The Resolution on Assurance said:-

1. Responsibility for the security of J&K rests with Government of India.

2. The sovereignty of the J&K Government over the entire territory of the State shall not be brought under question.

3. There shall be no recognition of the so-called Azad (Free) Kashmir Government.

4. The territory occupied by Pakistan shall not be consolidated to the disadvantage of the State of J&K.

5. The administration of the evacuated areas in the North shall revert to the Government of J&K and its defence to the Government of India, who will, if necessary, maintain garrison for preventing the incursion oftribesmen and for guarding main trade routes.

6. Pakistan shall be excluded from all affairs of J&K in particular in the plebiscite, of one should be held.

7. If a plebiscite is found to be impossible for technical or practical reasons, the Commission will consider other methods of determining fair and equitable conditions for ensuring a free expression of people’s will.

8. Plebescite proposal shall not be binding upon India if Pakistan does not implement Part I and II of the resolution of 13th August, 1948. (The resolution had called upon Pakistan to withdraw troops from occupied Kashmir).


Note: The UNCIP could not make Pakistan accept these assurances with the result that the very basis of U.N. resolution of 13th August, 1948 collapsed.
Source: United Nations




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