• Tuesday, August 20, 2019

Shimla Agreement 1972 - Null & Void

Discussion in 'Strategic & Foreign Affairs' started by Reddington, Aug 12, 2019.

  1. Reddington

    Reddington FULL MEMBER

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    Shimla Agreement 1972 - Null & Void

    There is some confusion regarding the validity of Shimla agreement after India revoked Article 370. Our government should have made an extremely strong response after India revoked Article 370 and one of the very first things which should have been done by the government was to state in clear terms that Shimla agreement is null and void.

    Now there are some innocent/gullible or rather ignorant Pakistanis among us who are buying the BS of some countries from UN Security Council suggesting that both Pakistan and India must resolve their disputes according to Shimla agreement; totally ignorant of the fact that those countries suggesting this are actually supporting India.

    I thought that since no one is talking about this issue, maybe I should discuss and raise awareness about this issue.


    Shimla Agreement

    Shimla Agreement between Pakistan and India was signed on 2nd July, 1972. Shimla agreement was signed after 1971 war which resulted in the creation of Bangladesh. President of Pakistan Zulfiqar Ali Bhutto and Prime Minister of India Indira Gandhi signed this agreement.

    Shimla Agreement was meant to reverse some consequences of the 1971 war i.e. to bring about withdrawals of troops to their sides of international border within 30 days by both sides and an exchange of Prisoners of War.

    Pakistan ratified the Shimla Agreement on July 15 and India on August 3, after which the agreement came into effect on August 4, 1972.

    Shimla agreement is also very important because it turned Ceasefire Line or CFL (since 1948) into Line of Control or LOC (a military control line between Pakistan and India in Kashmir which does not constitute as legally recognized international boundary but serves as the de facto border).



    Shimla Agreement Text

    Here is the complete text of Shimla Agreement.


    (1)
    The Government of India and the Government of Pakistan are resolved that the two countries put an end to the conflict and confrontation that have hitherto marred their relations and work for the promotion of a friendly and harmonious relationship and the establishment of durable peace in the sub-continent, so that both countries may henceforth devote their resources and energies to the pressing task of advancing the welfare of their peoples.


    In order to achieve this objective, the Government of India and the Government of Pakistan have agreed as follows: -

    (i) That the principles and purposes of the Charter of the United Nations shall govern the relations between the countries

    (ii) That the two countries are resolved to settle their differences by peaceful means through bilateral negotiations or by any other peaceful means mutually agreed upon between them. Pending the final settlement of any of the problems between the two countries, neither side shall unilaterally alter the situation and both shall prevent the organization, assistance or encouragement of any acts detrimental to the maintenance of peaceful and harmonious relations

    (iii) That the pre-requisite for reconciliation, good-neighbourliness and durable peace between them is a commitment by both countries to peaceful co-existence, respect for each other's territorial integrity and sovereignty and non-interference in each other's internal affairs, on the basis of equality and mutual benefit

    (iv) That the basic issues and causes of conflict which have bedevilled the relations between the two countries of the last twenty-five years shall be resolved by peaceful means

    (v) That they shall always respect each other's national unity, territorial integrity, political independence and sovereign equality

    (vi) That in accordance with the Charter of the United Nations, they shall refrain from the threat or use of force against the territorial integrity or political independence of each other


    (2) Both Governments will take all steps within their power to prevent hostile propaganda directed against each other. Both countries will encourage the dissemination of such information as would promote the development of friendly relations between them.


    (3) In order progressively to restore and normalize relations between the two countries step by step, it was agreed that

    (i) Steps shall be taken to resume communications, postal, telegraphic, sea, land including border posts, and air links including overflights

    (ii) Appropriate steps shall be taken to promote travel facilities for the nationals of the other country

    (iii) Trade and co-operation in economic and other agreed fields will be resumed as far as possible

    (iv) 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.


    (4) In order to initiate the process of the establishment of durable peace, both Governments agree that:

    (i) Indian and Pakistani forces shall be withdrawn to their side of the international border

    (ii) In Jammu and Kashmir, the line of control resulting from the cease-fire of December 17, 1971 shall be respected by both sides without prejudice to the recognized position of either side. Neither side shall seek to alter it unilaterally, irrespective of mutual differences and legal interpretations. Both sides further undertake to refrain from the threat of the use of force in violation of this line

    (iii) The withdrawals shall commence upon entry into force of this Agreement and shall be completed within a period of thirty days thereof


    (5) This Agreement will be subject to ratification by both countries in accordance with their respective constitutional procedures, and will come into force with effect from the date on which the Instruments of Ratification are exchanged.


    (6) Both Governments agree that their respective Heads will meet again at a mutually convenient time in the future and that, in the meanwhile, the representatives of the two sides will meet to discuss further the modalities and arrangements for the establishment of a durable peace and normalization of relations, including the questions of repatriation of prisoners of war and civilian internees, a final settlement of Jammu and Kashmir and the resumption of diplomatic relations.


    Is Shimla Agreement still applicable after India revoked Article 370?

    No. After India revoked Article 370 and ended Kashmir autonomy, Shimla Agreement has become null and void.

    Section Six of the Shimla Agreement clearly indicates, notwithstanding the stance of India domestically for the consumption of its people, India admitted in 1972 at the bilateral level that the final settlement of the Kashmir issue was still pending and both sides must agree for the final settlement of Jammu and Kashmir.

    Also, the Sub-Section 2 of Section 1 of Shimla Agreement clearly indicates that both sides must resolve their disputes through bilateral negotiations and no side can unilaterally alter the situation.

    After India unilaterally revoked Article 370, ended the special autonomy of Kashmir and bifurcated Jammu and Kashmir into 2 Union territories i.e. Jammu & Kashmir and Ladakh, Shimla Agreement has become null and void.


    What is the new status of LOC?

    After India revoked Article 370, Pakistan is now on the same position as we were in 1948 i.e. a ceasefire.

    Technically speaking, Ceasefire Line was renamed Line of Control and turned into a de facto border after Shimla Agreement in 1972. Now that Shimla agreement is dead, GOP should be using the term Ceasefire Line and not LOC.

    This means that Pakistan should not be considering LOC as a de facto border and military operations across LOC (or rather CFL) into Indian occupied Kashmir should be a fair game now.


    References:

    https://en.wikipedia.org/wiki/Simla_Agreement

    https://dailytimes.com.pk/51398/kashmir-and-the-simla-agreement/

    https://storyofpakistan.com/the-simla-agreement

    http://people.unica.it/annamariabaldussi/files/2015/04/Simla-Agreement-July-2-1972.pdf

    @Mangus Ortus Novem @war&peace @Simurgh @Khafee @Dubious @masterchief_mirza
     
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  2. war&peace

    war&peace ELITE MEMBER

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    Just let me read read through it. But I do agree that Simla agreement is invalid now as I said that the timeline has been reset and now we are in pre-1948 era.
     
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  3. graphican

    graphican ELITE MEMBER

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    Shimla agreement was a hand-cuff Pakistan wore itself. You see India never wanted mediation on Kashmir because it was a bilateral issue, and would never sit bilaterally because it always had an excuse.

    It means Modi has done Pakistan huge favor because, after these changes, entire Kashmir stands united against India, and Pakistan too is free from its signed agreements and international obligations.

    The state of Pakistan needs to announce this so that the world community stop referring to this nonexisting agreement.

    @ Reddington, many thanks for the effort. Jazak Allah Khair.
     
    Last edited: Aug 12, 2019
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  4. maverick1977

    maverick1977 FULL MEMBER

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    it was already null and void after Siachin military adventure..
     
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  5. RIWWIR

    RIWWIR SENIOR MEMBER

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    In any case, Shimla Agreement is a redundant document, since a long time, after it served it's purpose of settling issues, arising out of 1971 Indo-Pak war. Neither India, nor Pakistan, ever cared for this utterly vague and futile agreement.

    Having said that, it is not in Pakistan's interest to publicly revoke this Agreement; for one that we wouldn't get anything by revoking it. For the sake of diplomatic facade, it can remain, as it is.
     
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  6. mudas777

    mudas777 FULL MEMBER

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    Neither country cared or not but both counties have abide by it. If one alters it for their benefit then other must openly declare it null and void. Hence the clause both countries settle their disagreements bilaterally goes out of the window too and that can open the doors for the 3rd party negotiations.
    Lets see how it goes at the UNSC and if that resolution doesn't says publically that India have to roll back the article then feel free and openly Pakistan declare it.
     
  7. RIWWIR

    RIWWIR SENIOR MEMBER

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    There is a reason that Pakistan is not declaring it null and void. Otherwise, that could have been done, when India unilaterally occupied Siachen, in 1984.
     
  8. Stealth

    Stealth ELITE MEMBER

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    Technically Indian forces are officially foreign forces on Jammu and Kashmir soil (Occupation force) after back off from 370 and 35A (agreements on which J&K stays with India but as separate independent identity and system. Pakistan even enter into IOK bcuz J&k has no agreement with India now...
     
  9. VCheng

    VCheng ELITE MEMBER

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    If border and military operations across the LoC are now fair game, then are both parties ready for the inevitable second innings and all the consequences thereof?
     
  10. war&peace

    war&peace ELITE MEMBER

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    Yes govt of Pakistan needs to take this line...
     
  11. AZADPAKISTAN2009

    AZADPAKISTAN2009 ELITE MEMBER

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    No international Treaty is void unless both parties agree to it and they openly notify other party about it

    • Unilateral manipulation of local constitution does not nullifies a International Treaty

    Pakistani Supreme court had stated against Mineral Extraction and broke a treaty with a company and thus was fined 6 billion fine by international courts

    Similarly for India if they have broken a treaty I would imagine large financial fine should be imposed, Local court / political manipulation does not automatically cancels a treaty between 2 nations



    Recent times International Arbitration System fined Pakistan on multiple occasions

    a) Riqo Diq minning case, company vs State , where Local Supreme courts cancelled agreement we were asked to pay 6 billion dollar fine

    b) Turkey Gas supplying floating power plant deal again a financial penalty was imposed
     
    Last edited: Aug 12, 2019
  12. masterchief_mirza

    masterchief_mirza FULL MEMBER

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    Yes, yes, and yes again. Excellent insight. India has broken the terms of this agreement outright in the precise clauses you highlighted. Nothing to add.
     
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  13. Reddington

    Reddington FULL MEMBER

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    Azad Kashmir Prime Minister in his address today said that soon notification will be issued to declare LOC as Ceasefire Line(CFL).



    @war&peace @Mangus Ortus Novem
     
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  14. war&peace

    war&peace ELITE MEMBER

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    :pakistan::smitten:
    Bro, it seems our suggestions are either reaching the govt ...someone is telling the concerned officials ;)
    Or better yet our leadership is thinking on the same lines
     
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  15. Areesh

    Areesh ELITE MEMBER

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