Kashmir, Plebiscite and UN security council Resolution

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  1. sandy_3126
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    sandy_3126 PDF THINK TANK: ANALYST

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    Often on this forum, aspersions are cast on UN security councils resolutions. Folowing might give a good understanding:

    *RESOLUTION ADOPTED BY THE UNITED NATIONS COMMISSION FOR INDIA AND
    PAKISTAN ON 13 AUGUST 1948. (DOCUMENT NO. S/1100, PARA 75, DATED THE
    9TH NOVEMBER, 1948)

    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
    coercion 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

    1. 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 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.

    2. The High Commands of Indian and Pakistan forces agreed 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).

    3. 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.

    4. In its discretions 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.

    5. The Government of India and the Government of Pakistan agree to
    appeal to their respective peoples to assist in creating and
    maintaining an atmosphere favorable 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 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.

    1. (l) 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 endeavor to secure
    the withdrawal from the State of Jammu and Kashmir of tribesmen and
    Pakistan 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 Pakistan
    troops will be administered by the local authorities under the
    surveillance of the Commission.


    2. (1) When the Commission shall have notified the Government of India
    that the tribesmen and Pakistan 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 Pakistan forces are being withdrawn
    from the State of Jammu and Kashmir, the Government of India agrees to
    begin to withdraw the bulk of their forces from the 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 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 their power to make it publicly known that peace, law and order
    will be safeguarded and that all human and political rights will be
    guaranteed.


    3. (1) Upon signature, the full text of the Truce Agreement or
    communiqué 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.


    *The UNCIP unanimously adopted this Resolution on 13-8-1948.

    Members of the Commission: Argentina. Belgium, Columbia,
    Czechoslovakia and U.S.A.

    *RESOLUTION ADOPTED AT THE MEETING OF THE UNITED NATIONS COMMISSION FOR INDIA AND PAKISTAN ON 5 JANUARY, 1949. (DOCUMENT NO. S/1196, PARA IS, DATED THE 10TH JANUARY, 1949)
    Having received from the Governments of India and Pakistan in Communications, dated December 23 and December 25, 1948, respectively their acceptance of the following principles which are supplementary to the Commission's Resolution of August 13, 1948;
    The question of the accession of the State of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite;
    A plebiscite will be held when it shall be found by the Commission that the cease-fire and truce arrangements set forth in Parts I and II of the Commission's resolution of 13 August 1948, have been carried out and arrangements for the plebiscite have been completed;

    RESOLUTION 91 (1951) CONCERNING THE INDIA-PAKISTAN QUESTION SUBMITTED BY THE REPRESENTATIVES OF UNITED KINGDOM AND UNITED STATES AND ADOPTED BY THE SECURITY COUNCIL ON MARCH 30, 1951. (DOCUMENT NO. S/2017/REV. I, DATED THE 30TH MARCH, 1951)

    Observing that the Governments of India and Pakistan have accepted the provisions of the United Nations Commission for India and Pakistan resolutions of 13 August, 1948, and 5 January, 1949, and have re-affirmed their desire that the future of the State of Jammu and Kashmir shall be decided through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations,

    *RESOLUTION 98 (1952) ADOPTED BY THE SECURITY COUNCIL AT ITS 611TH MEETING ON 23 DECEMBER, 1952. (DOCUMENT NO. S/2883, DATED THE 24TH DECEMBER, 1952).

    THE SECURITY COUNCIL,

    Recalling its resolutions, 91 (1951) of 30 March 1951, its decision of 30 April 1951 and its resolution 96 (1951) of 10 November 1951, (which in turn points back to 13 aug 1948)

    FF- 1971

    RESOLUTION 303 (1971) ADOPTED BY THE SECURITY COUNCIL AT ITS 1606TH MEETING, ON 6 DECEMBER 1971.

    THE SECURITY COUNCIL,
    Having considered the item on the agenda of its 1606th meeting as contained in document S. Agenda/1606.

    Taking into account that the lack of unanimity of its permanent members at the 1606th and 1607th meetings of the Security Council has prevented it from exercising its primary responsibility for the aintenance

    on international peace and security,

    Decides to refer the question contained in documents S/Agenda/1606 to the General Assembly at its twenty-sixth session, as provided for in Assembly resolution 377 A (V) of 3 November 1950. (which again build on the same 13 Aug 1948 )


    RESOLUTION 307 (1971) ADOPTED BY THE SECURITY COUNCIL AT ITS 1616TH MEETING, ON 21 DECEMBER 1971.

    THE SECURITY COUNCIL,

    doesn't refer to any kashmir specific inquiries, instead talks of 1949 geneva conventios for Pakistani POW's.
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  2. Joe Shearer
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    Joe Shearer PROFESSIONAL

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    Sadly, most enthusiastic young patriots who refer to "UN resolutions on Kadhmir" have never read them.

    It would shock them to read the resolutions as they were passed.
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  3. sandy_3126
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    sandy_3126 PDF THINK TANK: ANALYST

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    The only reason to open this thread, is to let other members know what were the UN resolutions on Kashmir issue.

    India, Nehru, Indian Army etc are often mislabeled for not holding a plebiscite on this forum without even reading the UN resolutions and the followups to the same. Hope this will bring more insight when pakistanis demand from Indian members plebiscite / referendum in kashmir
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  4. foxbat
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    No.. It will not..
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  5. kumarkumar1867
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    A really good thread....

    Shutting mouths of some idiots who always blame India for avoiding Plebiscite,violating human rights, blah blah !!

    @ Thread Starter ....Can you please provide some link or source to above article??
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  6. Alphacharlie
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    Alphacharlie FULL MEMBER

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    WASTE OF TIME - Only Solution, we walk over and close the Chapter.
  7. jaunty
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    jaunty SENIOR MEMBER

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    The only solution to this problem is to consider the LOC as the international border, otherwise we don't mind the status quo.
  8. miss
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    miss BANNED

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    The day kashmir will be reuly liberated is the day you and I can buy property there.
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  9. shuntmaster
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    shuntmaster BANNED

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    After so many decades and especially after the 1965 war, are the 1949 Kashmir UN resolutions still valid?
    In 1965 Pakistan tried military means to resolve the Kashmir issue in their favor and hence the UN resolutions become null and void. After 1971 war, there was the Shimla agreement which were signed by India and Pakistan which would supersede any previous resolutions and agreements. Later on there were plenty of peace talks and agreements, which are more relevant today than the 1949 UN resolutions on Kashmir.
  10. illusion8
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    According to point No.3 of the resolution, India is very much in line with maintaining forces and law and order in J&k.
  11. Joe Shearer
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    Joe Shearer PROFESSIONAL

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    Seriously? Look for UN Resolution on Kashmir. The first resolution reproduced is resolution 47 of 1948.
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  12. Joe Shearer
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    Why? This has been banned since the days of the Ranbir Code. It was banned to prevent the swamping of the meagre and impoverished population of the Vale from money-flashing plainsmen who would have bought over all the prime property and dispossessed the locals.

    It was reproduced in the J&K Constitution, which is the state constitution. The state runs under its own constitution.

    With the Simla Pact, Pakistan explicitly recognized Kashmir as a bilateral matter.
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  13. Rig Vedic
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    Rig Vedic SENIOR MEMBER

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    When the Ranbir code was instituted, J&K was a sovereign entity. Can't use it to justify today's situation. Property prices in Srinagar city and the valley are not particularly low, being swamped is not a realistic concern.
  14. Wickerman
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    Wickerman FULL MEMBER

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    Well, this should definitely give some insight into what the UN resolution really is, why Nehru said what he said in 1948 and in 1952. This should alleviate all doubts that India has either been hypocritical or been playing Pakistan all this while. Hopefully, this should also put to rest any advocacy of twisted histories or distorted truths.

    It is Pakistan that has blocked all sorts of proceedings in that region, it is Pakistan that has refused to resolve things in the Kashmir region, primarily due to their fear that they wont get what they want. And therefore the very people they say they support are suffering, especially because of militancy and insurgency.
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  15. Joe Shearer
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    Are you aware of the constitutional arrangements relating to J&K?
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