Name of Your Country

HistoryUN ResolutionsArmed ConflictsSolutionImportance for Pakistan and India1All about KashmirHistory21947-1958Initial Armed Conflict 1948Deployment of Army at Kashmir Border 1951No war Pact officer by Nehru 1949, Ch-M-Ali 1956Solution by Dialogue and Bilateral/Mediation by LAK- 1958-1969Bhutto-Soran Singh Dialogue September 19621965 ConflictTashqand Declaration1969-71War 1971Simla Agreement 1971United Nations Resolutions on Kashmir Adopted by the Security Council3

3HISTORICAL BACKGROUNDIndian Presentation in the UNSC

Faced with an insurgency in the State of Jammu and Kashmir, India placed the Kashmir dispute before the UNSC on 1st January 1948 under Article 35 of Chapter VI of the Charter of the UN relating to peaceful settlement of disputesThe argument was based on validity of Maharajas Accession to India

44Insert a map of your country.

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

55Insert a picture of one of the geographic features of your country.6Pakistans Response

Contested the validity of Maharajas accession.Situation in Kashmir was popular revolt against MaharajaHighlighted Indian Hypocrisy: The case of Jammu and Kashmir was compared with Junagarhs accession to Pakistan, which India opposed

UNSC Resolution 38 of January 17, 1948Calls upon both the Government of India and Pakistan to take immediately all measures within their powers to improve the situation and refrain from making any statement or permitting any act which may aggravate the situation Set the tone of the shape of future UN involvement in the dispute

UN would not involve itself directly with repulsion of aggression but would play the part of an honest broker

77Insert a picture illustrating a season in your country.8Established 3-member UNCIP (United Nations Commission for India and Pakistan) authorized to:Investigate the situation on the spot.Endeavor to help both Pakistan and India in law and order situationTry to arrange for a plebiscite to decide the future of the State

8UNSC Resolution 47 dated 21 April 19489 Increased UNCIP membership from three to five. The resolution was divided into two parts: Part-A: Restoration of Peace and Order

Part-B: Plebiscite

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

1010Insert a picture illustrating a custom or tradition here.UNSC Resolution 80 dated 14 March 1950Called upon Governments of India and Pakistan to make arrangements for demilitarization within a period of five months

The resolution also called for the appointment a UN representative, Sir Owen Dixon.1111Insert a picture of the head leader of your country.Resolution 91 of the UNSC (30 March 1951)

12The resolution was adopted following receipt of Sir Owen Dixons report and the decision of the State Administration in IOK to convene the Constituent Assembly for the purpose of determining the future shape and affiliation of the State of Jammu and Kashmir.

12Cont13The resolution affirmed that any decision of the Constituent Assembly thus convened would not constitute a disposition of the State as the final disposition of the State of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations

UNSC RESOLUTION 122 dated 24 JANUARY 195714Keeping resolutions number 47 (1948), 51(1948), 80 (1950), and 91(1951) in consideration.

The final disposition of the State of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations.

Cont15And secondly Reaffirming the affirmation in resolution number 91 declared that the convening of a Constituent Assembly as recommended by the General Council of the "All Jammu and Kashmir National Conference" and any action that Assembly may have taken or might attempt to take to determine the future shape and affiliation of the entire State would not constitute a disposition of the State in accordance with the above principle.

ANALYSIS OF RESOLUTION16Through its resolutions, the UNSC decided that the final disposition of Jammu and Kashmir will be made in accordance with the will of the people expressed through a UN supervised plebiscite

WHY WAS THIS DECISION NOT IMPLEMENTED?17

UNSC resolution 47 of 21 April 1948 called for "the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistani national not normally resident therein" and the reduction of Indian forces in the state to "minimum strength required" in order to facilitate a plebiscite. 18Pakistan agreed while India did not. India's reluctance to demilitarize the State of Jammu and Kashmir was confirmed by Sir Owen Dixon, Head of the UN Commission for India and Pakistan (UNCIP), in his report to the Security Council on 15 September 1950. At present19India claims that the Simla Agreement had excluded the mediation of the UN in the Kashmir dispute and as such UNSC resolution could not provide a framework for settlement of this dispute

Again, legally and politically it is not correct. No bilateral agreement between India and Pakistan changed the substance of the provisions of the UNSC resolutions on Jammu and Kashmir

Indian Point of View20India says that the resolutions on Kashmir have lost their relevance.It further contends that the resolutions are not binding on it.

Legally and politically it is not correct. No UNSC resolution can lose its relevance unless the Security Council adopts another resolution calling for its super cession21Politically, the resolutions on Jammu and Kashmir have become even more relevant because of the on-ground political situation in Jammu and Kashmir where a legitimate freedom struggle is being suppressed by the Indian army and the situation now poses a grave danger to international peace and security

CONCLUSION22Pakistans position on Jammu and Kashmir remains unchanged.Pakistan has embarked on the Composite Dialogue process with the clear role that it should lead to a just, lasting and final solution to the Jammu and Kashmir dispute in accordance with the wishes and aspirations of the Kashmiri people.

Pakistans proposal for inclusion of Kashmiris in the Composite Dialogue processCont23Pakistans proposals for demilitarization and self governance

Pakistans current policy is in line with the spirit of the UNSC resolutions that the people of Kashmir should be given the right of self determination Possible Solutions24PlebscitePlebiscite in all KashmirIntegration of Jammu and Ladakh with India, AJK with Pakistan and Plebiscite in occupied KashmirIntegration as above and Kashmir valley under UN Control for ten years and Plebiscite laterCondominumIntegration as above and Condominium at ValleyCondominium of India and Pakistan over whole KashmirIndependenceIndependence (What Kashmiris says ?)Integration as above and independence of Valley

Cont25MergerMerger with PakistanMerger with IndiaDivision/ PartitionAt LOCChenab formulaDixon FormulaAt religious BasisAt Linguistic/Ethnic BasisAs Mutually agreed by India and PakistanStatus QuoImportance of Kashmir26For KashmirisFor PakistanFor IndiaFor Central Asian StatesFor Super PowersChinaRussiaUSAFor the rest of the worldSome Adjective and Their Psyche Shah-RaggAtoot-AangPakistan sy Rishta Kia La-elaha-ell-AllahKashmir Bany ga PakistanMujahidin TerroristCross Border terrorism Bharti JahiriyatZarb-e-Momin Brass-TeckGhori PrithiviKashmir Jannat-e-NazeerMery watan teri jannat mein ayen y eik din

27