Quick viewing(Text Mode)

Introduction

Introduction

Dhirubhai Ambani International Model United Nations 2019

Forum: Security Council

Issue: Question Of

Student : Vikram Sivashankar

Position: Deputy President

Introduction

The Kashmir issue is a conflict between the nations of and over the territory of Kashmir. Kashmir, located at the northernmost part of the Indian subcontinent, consists of the Indian regions of and Kashmir (Jammu, and ), the Pakistani regions of Azad Kashmir and - and Chinese regions of Aksai Chin and the Trans- Tract. The main conflict arises from the fact that the former ruler of Kashmir, , initially sought to remain autonomous, but then ceded Kashmir to India in October 1947 as a reaction to attacks by Muslims wishing for Pakistani possession of the state.1

Three have been fought as a result of this conflict- the Indo- Pakistani of 1947 which started when Kashmir’s accession to India was feared, the Indo- Pakistani War of 1965 which was a reaction to Operation Giberaltar that aimed at sparking a revolt against Indians in Kashmir and finally the War in 1999, which was initiated by a violation of the LOC by Pakistani forces.

Currently, the region is divided by the (LOC), a line demarcating the Pakistan- Occupied Kashmir and Indian- Occupied Kashmir regions (POK and IOK respectively). The population of POK is estimated to be 6 million (approximately 4 million and 2 million for Azad Kashmir and Gilgit- Baltistan respectively).2 IOK has a population of

1 “ | Kashmir: The Origins of the Dispute.” BBC News, BBC, 16 Jan. 2002, news..co.uk/2/hi/south_asia/1762146.stm.

2 Reporter, Our Staff. “Census 2017: AJK Population Rises to over 4m.” The Nation, The Nation, 26 Aug. 2017, nation.com.pk/27-Aug-2017/census-2017-ajk-population-rises-to-over-4m.

● Research Report | Page 1 of 18

Dhirubhai Ambani International Model United Nations 2019

12.5 million people.3 India considers Kashmir to be its territory, and claims that the Instrument of Accession is a legal document, which thereby affirms its belief, whereas Pakistan considers the region of Kashmir to be a disputed region whose administering country should be determined by the inhabitants by a plebiscite.

This clash of interests has led to a number of human rights violations claimed to be committed by Indian military forces. According to a report by the Human Rights Watch, the Special Powers Act has provided freedoms to Indian forces, which are violated extensively in Kashmir, with crimes such as sexual violence, restrictions on the freedom of speech, murder and torture.

Kashmir’s economic condition is also affected by the power crisis it faces. Currently, a number of hydroelectric power plants produce energy, which is distributed throughout India, thereby hindering economic development in Kashmir itself. It is dependent on the Indian Government for salaries for officials, subsidies etc. which furthermore deteriorates the economic condition of the state. 4

In 2019, a suicide bombing resulted in the death of 40 Indian Central Reserve Police Force (CRPF) personnel5. The attack, claimed by extremist group Jaish-e-Mohammed (JeM), was met by a violation of the LOC by the Indian Air Forces, who dropped bombs at Balakot6. Pakistan claimed that these bombs landed in an uninhabited hilltop area, whereas India claims that they targeted a terrorist camp and successfully killed over 170 terrorists.7

In response, Pakistan conducted an air strike on India, resulting in no loss of life. An Indian pilot was captured and then released by Pakistani forces. The release acted as a ceasefire in the conflict. However, political tensions between the two nations are still at a

3 Orgi. “Census of India Website : Office of the Registrar & Census Commissioner, India.” Census of India Website : Office of the Registrar General & Census Commissioner, India, censusindia.gov.in/.

4 [email protected]. “Kashmir: The Clash of Identities.” Beyond Intractability, 22 Feb. 2017, www.beyondintractability.org/casestudy/navlakha-kashmir.

5 “ Attack: India Will 'Completely Isolate' Pakistan.” BBC News, BBC, 15 Feb. 2019, www.bbc.com/news/world- asia-india-47249133.

6 Safi, Michael, and Mehreen Zahra-Malik. “'Get Ready for Our Surprise': Pakistan Warns India It Will Respond to .” The Guardian, Guardian News and Media, 27 Feb. 2019, www.theguardian.com/world/2019/feb/26/pakistan-india-jets-breached-ceasefire-line-kashmir-bomb.

7 Desk, India Today Web. “As Many as 170 JeM Terrorists Killed in : Italian Journalist.” India Today, 9 May 2019, www.indiatoday.in/india/story/balakot-airstrike-1520097-2019-05-08.

● Research Report | Page 2 of 18

Dhirubhai Ambani International Model United Nations 2019

high. Our world is on the brim of a multinational conflict involving two of the most powerful and armed countries; solving the issue is one of the greatest needs of the hour.

Definition of Key Terms

Ceasefire

A ceasefire is a temporary stoppage of war where all involved parties retract their troops and call for a suspension of aggressive activity. 8

Extremist Group

Extremism is defined as "the advocacy of extreme measures or views”. An extremist group, therefore, is one that advocates such views, generally through violence.

Instrument Of Accession

The Instrument of Accession is a legal document decided by Maharaja Hari Singh, ruler of the princely state of Jammu and Kashmir, and the Indian Government on 26 October 1947. As a result of this document, the territory of Jammu and Kashmir was ceded to India, thereby foregoing its autonomy. 9

Jaish- e- Mohammed

Jaish-e-Mohammed is a Pakistan- based Jihadi extremist organization that targets the Indian Government with the primary goal being Pakistan gaining control over Kashmir. 10

Line of Control

The Line of Control is a 740 km long de- facto border between India and Pakistan, which demarcates Indian- Occupied Kashmir from Pakistan- Occupied Kashmir.

8 “TRUCE: Meaning in the Cambridge English Dictionary.” Cambridge Dictionary, dictionary.cambridge.org/dictionary/english/truce.

9 “Jammu and Kashmir Instrument of Accession Explained: Article 370 Linked to Agreement Signed between Hari Singh and India.” Firstpost, 20 Feb. 2019, www.firstpost.com/india/jammu-and-kashmir-instrument-of-accession- explained-article-370-linked-to-agreement-signed-between-hari-singh-and-india-6120001.html.

10 Hashim, Asad. “Profile: What Is Jaish-e-Muhammad?” News | , Al Jazeera, 1 May 2019, www.aljazeera.com/news/2019/02/profile-jaish-muhammad-190215061851082.html.

● Research Report | Page 3 of 18

Dhirubhai Ambani International Model United Nations 2019

Plebiscite

A plebiscite is a vote by which the people of an entire country or district express an opinion for or against a proposal especially on a choice of government or ruler. In the context of Kashmir, talks about a plebiscite have been held to determine the nation, which would gain control over Kashmir. One has not been held yet, however. 11

Background Information

Pre- Independent Kashmir

Before 1947, a census taken in 1941 revealed a 77% Muslim population, 20% Hindu population and a 3% Buddhist population. Hindu rulers had ruled Kashmir for a century. Muslims, who suffered economic hardships owing to their clash of opinions with Hindus, dominated peasantry. Gilgit- Baltistan and Kashmir Valley were dominated by Muslims.

The into India and Pakistan

The partition of India into India and Pakistan took place on August 15, 1947. Majority of the Muslim population at the time, under the leadership of the Muslim League led by Mohammed Ali Jinnah, wished for a creation of a separate state for Muslims. This was for multiple reasons: firstly, the Muslim population of farmers wished for freedom from the clutches of the landowners who were predominantly Hindus and considered to be “oppressive”.12 Secondly, since India at the time was a Hindu- dominated country, it was the opinion of the Muslim League that power would be transferred from the British not to the Indians, but to the Hindus. After the partition, Kashmir was to be autonomous. However, due to attacks on the region by Muslim rebel groups, the ruler Hari Singh sought the help of India and agreed to sign the Instrument of Accession. India believes that this is a legal alternative to a plebiscite, whereas Pakistan considers Hari Singh as an unpopular leader, thereby making the agreement null and void.

11 “Plebiscite.” Merriam-Webster, Merriam-Webster, www.merriam-webster.com/dictionary/plebiscite.

12 Bates, Dr Crispin. “History - British History in Depth: The Hidden Story of Partition and Its Legacies.” BBC, BBC, 3 Mar. 2011, www.bbc.co.uk/history/british/modern/partition1947_01.shtml.

● Research Report | Page 4 of 18

Dhirubhai Ambani International Model United Nations 2019

The First Indo Pakistani War

The First Indo- Pakistani War took place in 1947. Pakistan launched tribal lashkar () in an effort to capture Kashmir, soon after obtaining independence. The rebellion in was particularly impactful, in August 1947, wherein several Poonchi citizens, owing to unemployment and heavy taxation, began to campaign for no taxes. The resulting war ended with a declaration of ceasefire. 6604 Indians and 1100 Pakistanis were killed in the war.13 The UN passed a resolution calling for a plebiscite in Kashmir in UNSCR 47, which proved to be inconsequential. This formally resulted in India gaining control of around two- thirds of the area of Kashmir (controlling the Kashmir Valley, Jammu and Ladakh) and Pakistan gaining a third of the area (Gilgit- Baltistan and Azad Kashmir).

Aksai Chin and the Sino-Indian War

Aksai Chin is a disputed region, claimed both by and India. The Sino- Indian War was a war fought between the two nations over the sovereignty of the region. At the end of the war, China retained de facto control over Aksai Chin. Both countries are currently at a ceasefire and respect a as agreed upon in 1993 and 1996.

The Second Indo- Pakistani War

The Second Indo- Pakistani War took place in 1965, as a result of Operation Giberaltar, in which Pakistani forces invaded India and aimed to incite an among Kashmiri Muslims against Indian rule. 3800 Pakistani soldiers and 3000 Indian soldiers were killed in the war.14 Indian officials received criticism for using approximately 15% of their ammunition in the war as compared to Pakistan, which used 80%. It ended with the Tashkent Resolution, which declared peace. The meeting was held between Indian Prime Minister Lal Bahadur Shastri and Pakistani President Muhammad Ayub Khan.

The terms of the Tashkent Resolution stated that both nations would withdraw all their armed personnel latest by February 1966 and restore the positions they maintained before the war began. The two nations agreed to discourage any propaganda targeting the other country, and decided to maintain friendly and peaceful relations as per the UN charter. Both countries

13 “Vulnerable India: A Geographical Study of Disasters.” Google Books, Google, books.google.co.in/books/about/Vulnerable_India_A_Geographical_Study_of.html?id=fX- MxQEACAAJ&source=kp_book_description&redir_esc=y.

14 Pti. “1965 War: When Foot Soldiers Took on the Mighty Pattons of Pakistan.” , Economic Times, 11 July 2018, economictimes.indiatimes.com/news/defence/1965-war-when-foot-soldiers-took-on-the-mighty- pattons-of-pakistan/articleshow/49032326.cms?from=mdr.

● Research Report | Page 5 of 18

Dhirubhai Ambani International Model United Nations 2019 also agreed to take measures to ensure the repatriation of the Prisoners of War.15 As a result of the miscommunications that took place during the war, India set up the Research and Analysis Wing as an . Due to the lack of military support of UK and the USA for India, military relations between India and the USSR began to improve. It is believed that India began to forego its policy of non- alignment, as USSR became one of the largest suppliers of military hardware to India.

The Third Indo Pakistani War

The Third Indo- Pakistani War took place in 1971, as a result of the Liberation War, wherein the then sought independence from West Pakistan. India and Pakistan were at conflict for 14 days, and ended the conflict with India decisively victorious; Bangladesh was established as a new country. Pakistan suffered a loss of 8000 soldiers, whereas India lost 3000.

After the war, India and Pakistan signed the , in which both nations agreed to maintain peaceful, diplomatic relations with one another, prevent the spread of active propaganda, exercise bilateral negotiations to solve mutual disputes, and most importantly, agree to respect the Line of Control that has been established between the two nations at Kashmir. Since then, however, the LoC has been violated multiple times by both nations. In 2018 alone, India has reported 2936 ceasefire violations being committed by Pakistan.16

Kargil War

The took place in 1999, as a result of LoC violations performed by Pakistani troops, who mainly occupied . India launched forces to drive out Pakistani troops, which they did successfully. The war was feared to go nuclear, as both nations had conducted nuclear tests in the past one year. In 2001, India’s Parliament underwent a terrorist attack. India claimed that the Pakistani government backed this attack.17 This served as one of the factors for heightened tensions at the . On 26th November 2003, however, a ceasefire was declared between the two nations at the LoC.

15 “MEA: Statements : Bilateral/Multilateral Documents.” Ministry of External Affairs, , mea.gov.in/bilateral-documents.htm?dtl%2F5993%2FTashkent%2BDeclaration.

16 “J&K Records 2936 Cases of Ceasefire Violations by Pakistan in 2018, Highest in 15 Years.” Moneycontrol, www.moneycontrol.com/news/india/jk-records-2936-cases-of-ceasefire-violations-by-pakistan-in-2018- highest-in-15-years-3362581.html.

17 Rediff.com: Parliament Attack: Advani Points towards Neighbouring Country, www.rediff.com/news/2001/dec/14parl21.htm. ● Research Report | Page 6 of 18

Dhirubhai Ambani International Model United Nations 2019

The Political Status of the Kashmir Region

The Political Status of the Kashmir Region is uncertain, owing to the differences in the opinions of India, Pakistan and the Kashmir Region about how the control over the region must be assigned. Although Pakistan is willing to conduct a plebiscite, India believes that the Instrument of Accession is still valid; therefore, it refuses to consent to holding a plebiscite.

Hindus and Buddhists living in IOK are satisfied remaining under Indian control. Muslims in POK are also content with Pakistani control. The Muslims living in the Kashmir valley however are believed to seek independence.18 Azad Kashmir is a nominal autonomous region under Pakistani control. Muslims dominate the population of Azad Kashmir. They strive for self- government.

Human Rights Violations

Human Rights Violations are extensively reported in the Kashmir region. Mass killings, enforced disappearances, torture, rape and sexual abuse apparently conducted by the India are reported, but India remains unresponsive to such allegations. India also accuses Pakistani troops for opening fire on civilians in IOK on several occasions19.

The Indian Armed Forces Special Powers Act is said to be violated by the , which uses it as a means to conduct human rights violations on Kashmiri civilians, according to the Human Rights Watch (HRW), which has called it a "tool of state abuse, oppression and discrimination"20.

Current Conflict

Jaish- e- Mohammed is a terrorist Islamic organization serving the primary purpose of separating Kashmir from India so that it can be solely governed by Pakistan. Since 2000, it has claimed responsibility for several attacks: the 2001 attack on the Indian Parliament, the 2016 Uri Attacks. Most recently it has claimed responsibility on the . Near Lethpora, a suicide bomber, Adil Ahmad Dar, caused the death of forty Indian personnel. In response, on 26th February, Indian jets crossed the LoC and dropped bombs at Balakot. India claims that this

18 “The Limits of Influence.” Google Books, Google, books.google.co.in/books?id=kyYOWdA5PNkC&redir_esc=y.

19 “Kashmir: India Says Eight Civilians Injured in Pakistan Firing.” BBC News, BBC, 25 Oct. 2013, www.bbc.com/news/world-asia-india-24666123.

20 “India: Repeal Armed Forces Special Powers Act.” Human Rights Watch, 17 Apr. 2015, www.hrw.org/news/2008/08/18/india-repeal-armed-forces-special-powers-act.

● Research Report | Page 7 of 18

Dhirubhai Ambani International Model United Nations 2019 attack resulted in the death of over 300 terrorists harboured in Pakistan. Pakistan, however, denies all such claims. 21 The following day, in retaliation, Pakistan conducted an airstrike on India. Both nations are of the opinion that no damage was done to life or property. However, during this conflict, an Indian jet that had crossed the LoC was shot down in Pakistan territory. The pilot was captured by Pakistani forces, and was released on 1st March, as an act of truce. India claims that the Pakistani Intelligence backs the JeM, but Pakistan denies any such claims.

Article 370

Article 370 was an article under the Temporary, Transitional and Special Provisions of the Indian Constitution. It provided the State of Jammu and Kashmir with special status; it declared that the President, on the recommendation of the Constituent Assembly, would be able to choose the articles from the constitutions that are applicable to the state and also abrogate the article. However, the Constituent Assembly was dissolved in 1955, which made the article 370 permanent. On August 5th, 2019, President Ram Nath Kovind issued an order which had the effect of overriding the existing 1954 order, which granted partial autonomy to the state. An amendment was made to article 367, which allowed for the term “Constituent Assembly” to be replaced by “Legislative Assembly”, which gave the President the power to make changes to the Article, as Jammu and Kashmir are under President’s Rule and therefore are controlled by the Union. The next day, Article 370 was revoked, with the objective of integrating the state into the Union of India. The Indian Home Minister, Amit Shah, also proposed a Reorganization bill, which sought to divide the state of Jammu and Kashmir into two Union Territories: Jammu and Kashmir, which is to have a Legislative Assembly, and Ladakh, which is not to have a Legislative Assembly and will be administered by a Governor alone.

The abrogation of Article 370 received a multitude of responses from the international community. The UN expressed its concern about the situation with the Secretary General stating that the two nations must solve the crisis before an escalation of the situation.22 Pakistan passed a resolution stating that India’s action was an "illegal, unilateral, reckless and coercive

21 Prabhu, Sunil, and Deepshikha Ghosh. “India Strikes After Pulwama Terror Attack, Hits Biggest Jaish-e-Mohammed Camp In Balakot.” NDTV.com, 26 Feb. 2019, www.ndtv.com/india-news/india-struck-biggest-training-camp-of- jaish-in-balakot-large-number-of-terrorists-eliminated-governm-1999390.

22 Al Jazeera. “UN Concern over Kashmir Lockdown as Hundreds Reported Arrested.” India News | Al Jazeera, Al Jazeera, 8 Aug. 2019, www.aljazeera.com/news/2019/08/concern-kashmir-lockdown-hundreds-reported-arrested- 190808200958052.html.

● Research Report | Page 8 of 18

Dhirubhai Ambani International Model United Nations 2019 attempt to alter the disputed status of Indian occupied Kashmir as enshrined in the UNSC resolutions".23

Major Countries and Organizations Involved

India

India believes that Kashmir is a crucial part of the country, and has affirmed that the Instrument of Accession is a legally binding document that declares Kashmir as a part of India. It claims to have provided necessary freedoms to the region of Kashmir under article 370 of the Indian Constitution. It declares that bilateral talks must take place to solve all disputes with Pakistan. It also holds that funding of terrorist organizations takes place in POK. It is in conflict with China over the territory of Aksai Chin. Prime Minister especially condemns recent events (the Pulwama attack) and Finance Minister at the time, , announced that the tariff on all Pakistani imports would be increased to 200%.24

Pakistan

Pakistan considers Kashmir a disputed region. It condemns India for not holding a plebiscite to determine the fate of Kashmir as decided in UNSC resolution 4725. It also condemns India for conducting extrajudicial killings. It bases its claim to Pakistan on the fact that the Kashmir region is a Muslim- Majority region. It holds that Hari Singh was not a popular leader and did not hold majority support; therefore, any agreement made under him loses its

23 Dawn.com. “Parliament Unanimously Passes Resolution Condemning India's 'Unilateral Move' on Kashmir.” DAWN.COM, 8 Aug. 2019, www.dawn.com/news/1498599/parliament-unanimously-passes- resolution-condemning--unilateral-move-on-kashmir.

24 Pti. “Pulwama Terror Attack: India Hikes Customs Duty to 200% on All Goods Imported from Pakistan - Times of India.” , Business, 16 Feb. 2019, timesofindia.indiatimes.com/business/india- business/customs-duty-on-goods-from-pakistan-hiked-to-200-with-immediate- effect/articleshow/68026732.cms.

25 “South Asia | Kashmir's Forgotten Plebiscite.” BBC News, BBC, 17 Jan. 2002, news.bbc.co.uk/2/hi/south_asia/1766582.stm.

● Research Report | Page 9 of 18

Dhirubhai Ambani International Model United Nations 2019 validity. It believes in the two- nation theory, according to which religion is the basis for the partition of India.

China

China believes that the region of Aksai Chin is part of its territory. It has, however, respected the Line of Actual Control drawn between India and China, as a result of agreements in 1993 and 1996. Following the events of the Pulwama attacks; Pakistan approached China to seek help to release political tensions between the two nations. Pakistani Foreign Minister Mehmood Qureshi is claimed to have made a call to Chinese counterpart Wang Yi about the same.

Jaish-e-Mohammed

It is a non-state actor. founded it. Azhar is currently a nominal leader as the group has a highly decentralized structure. According to claims made by the United Nations, Osama Bin Laden, the chief of Al Qaeda, supported Azhar.

An extremist organization, it is based in Pakistan and aims to claim Kashmir into Pakistan. In 2019, it claimed the responsibility for the suicide bombing in Pulwama.

Australia, Canada, India, , the UAE, the UK, the US, the UN and the BRICS have recognized it as a terrorist organization.

All Parties Hurriyat Conference

It is an alliance of 26 organizations in Kashmir, which believes in Kashmiri Separatism and the right of the Kashmiri citizens to determine the country they belong to themselves (thereby opposing India’s claim to Kashmir).

It supports Pakistan belief that Kashmir is a disputed region. It promotes agitation against Human Right Violations by Indian troops. It claims that Kashmir is the unfinished business of the Indian partition, and therefore the people of Kashmir must determine its fate.26

United States of America

26 All Parties Hurriyat Conference, www.satp.org/satporgtp/countries/india/states/jandk/terrorist_outfits/Hurriyat.htm.

● Research Report | Page 10 of 18

Dhirubhai Ambani International Model United Nations 2019

Since 2004, USA has launched several drone strikes under its air force on the North- western portion of Pakistan. Most of these attacks have been along the border Pakistan shares with Afghanistan. These strikes were conducted under the presidency of George Bush and Barack Obama. USA, however, has followed a policy of non- alliance on the Kashmir issue specifically. In 2002, called the LoC between the two nations to be "the most dangerous place in the world."27 In 2008, Barack Obama expressed his hopes to be a peaceful mediator between the two nations. No envoy, however, was appointed to be sent to the region. On 22nd July, 2019, Donald Trump made the claim that Indian Prime Minister Narendra Modi requested that he be a third party mediator between India and Pakistan over the Kashmir issue. After receiving heavy criticism for the alleged request, Modi denied claims of any such conversation taking place between the two leaders.28

Timeline of Events

Date Description of event

15th August 1947 Partition of India into India and Pakistan

26th October 1947 Instrument of Accession takes place

1947-1948 First Indo- Pakistani War

August 1965 carried out by Pakistan

1965 Second Indo- Pakistani War, ending with the Tashkent Resolution

2nd July, 1972 Simla Agreement is signed

1999 Kargil War

27 Mishra, Pankaj. “Kashmir: ‘The World's Most Dangerous Place.’” The New York Review of Books, www.nybooks.com/daily/2010/03/04/kashmir-the-worlds-most-dangerous-place/.

28 Livemint. “Trump's Offer to Mediate in Kashmir Row Triggers Uproar.” Https://Www.livemint.com, Livemint, 23 July 2019, www.livemint.com/news/india/diplomatic-furore-erupts-in-india-over-donald-trump-s-kashmir- mediation-remarks-1563885480526.html.

● Research Report | Page 11 of 18

Dhirubhai Ambani International Model United Nations 2019

18th September Uri attack takes place 2016

28th September India claims that it conducted surgical strikes 2016

14th February 2019 Pulwama attacks take place

26th February carried out as a reaction to Pulwama attacks

27th February 2019 Pakistan conducts airstrike on Jammu and Kashmir

Relevant Treaties and Events

● Instrument of Accession, 1947, was signed by Hari Singh of Kashmir, by which he declared that Kashmir would be ceded to India.

● United Nations Security Council Resolution 39, 20th January 1948, aimed at appointing 3 members representing the concerned parties to advice the UN on the suitable course of action.

● United Nations Security Council Resolution 47, 21st April 1948, aimed at removing Pakistani and Indian troops from Kashmir and preparing for a plebiscite to determine Kashmir’s fate, however it failed.

● United Nations Security Council Resolution 122, 24th January 1957.

● United Nations Security Council Resolution 123, 21st February 1957, decided that the President of the Security Council would go to the subcontinent and receive any recommendations that may help settle the dispute.

● United Nations Security Council Resolution 126, 2nd December 1957, which requested India and Pakistan to refrain from aggravation.

● Tashkent Resolution, 1965, calling for a ceasefire between the two countries.

● United Nations Security Council Resolution 1172, 6th June 1998, which condemned nuclear tests done by the two nations.

● Research Report | Page 12 of 18

Dhirubhai Ambani International Model United Nations 2019

Previous Attempts to solve the Issue

The UN has attempted to solve the dispute previously. In 1948, the United Nations Commission for India and Pakistan was established, which recommended a 2- step process of withdrawal of Pakistani and Indian troops. This, however, did not obtain any positive results. The UNSCR 47 called for a plebiscite to be held in order to decide the authority in charge of Kashmir. This, however, failed as India did not accept this resolution since it refused to hold a plebiscite. The Simla Agreement of 1972 declared that the two nations would attempt to solve the issue through peaceful bilateral negotiations and the LoC will be respected; however, both countries soon violated it. In 1999, former Indian Prime Minister took a bus known as the Delhi- Bus to attend a summit in Lahore, and was received by Pakistani President . This road was a symbol of peace and goodwill between the two nations; however, it was halted due to the Parliament attacks of 2001.

Possible Solutions

Both nations strongly hold their claims to the territory. Negotiations, therefore, are necessary to ensure the safety of the people in the region. Bilateral talks between India and Pakistan must be held with the objective of investigating possible solutions together through cooperation. On the other hand, effectiveness of such talks must also be considered considering the failure of attempts thus far.

In 1999, during the Kargil War, there were fears that the two nations, both equipped with nuclear weapons, may begin a nuclear war.29 Measures to prevent a nuclear conflict between the two nations must be taken. Signing any paperwork regarding the same, such as the Non- Proliferation Treaty, must be encouraged.

Currently, the de facto border between the two nations- the LoC- is established as a result of the Simla Agreement. Measures need to be taken to ensure to make this an official border or increase safety of residents living along it.

29 Online, ET. “When the Kargil War Came Dangerously Close to Becoming a Nuclear Catastrophe.” The Economic Times, Economic Times, 26 July 2018, economictimes.indiatimes.com/news/defence/when-the-kargil-war-came- dangerously-close-to-becoming-a-nuclear-catastrophe/articleshow/65146081.cms?from=mdr.

● Research Report | Page 13 of 18

Dhirubhai Ambani International Model United Nations 2019

Currently, Indian troops are accused of carrying out several human right violations on the Kashmiri citizens. Measures to ensure that the Indian Government does not violate the Indian Armed Forces Special Powers Act, which authorizes Indian soldiers to fire upon and kill civilians they believe to be unlawful, need to be taken.

The Human rights, living conditions, sanitation etc. of refugees who have escaped from the disputed regions must be tended to as well. Rehabilitation facilities for those needing it must be provided.

Possible autonomy of the Kashmir valley, as desired by the Muslims in the Kashmir valley, needs to be considered. Perhaps the notion of a plebiscite may need to be reintroduced. However, India’s reluctance to the same may be a hindrance.

Freeze Date

It is essential to bear in mind that the freeze date for this issue is August 10th, 2019. Hence, no developments post this date will be valid for argument in committee.

Bibliography

All Parties Hurriyat Conference, www.satp.org/satporgtp/countries/india/states/jandk/terrorist_outfits/Hurriyat.htm.

[email protected]. “Kashmir: The Clash of Identities.” Beyond Intractability, 22 Feb. 2017, www.beyondintractability.org/casestudy/navlakha-kashmir.

Bates, Dr Crispin. “History - British History in Depth: The Hidden Story of Partition and Its Legacies.” BBC, BBC, 3 Mar. 2011, www.bbc.co.uk/history/british/modern/partition1947_01.shtml.

● Research Report | Page 14 of 18

Dhirubhai Ambani International Model United Nations 2019

Desk, India Today Web. “As Many as 170 JeM Terrorists Killed in Balakot Airstrike: Italian Journalist.” India Today, 9 May 2019, www.indiatoday.in/india/story/balakot-airstrike- 1520097-2019-05-08.

Hashim, Asad. “Profile: What Is Jaish-e-Muhammad?” News | Al Jazeera, Al Jazeera, 1 May 2019, www.aljazeera.com/news/2019/02/profile-jaish-muhammad- 190215061851082.html.

“India: Repeal Armed Forces Special Powers Act.” Human Rights Watch, 17 Apr. 2015, www.hrw.org/news/2008/08/18/india-repeal-armed-forces-special-powers-act.

“J&K Records 2936 Cases of Ceasefire Violations by Pakistan in 2018, Highest in 15 Years.” Moneycontrol, www.moneycontrol.com/news/india/jk-records-2936-cases-of- ceasefire-violations-by-pakistan-in-2018-highest-in-15-years-3362581.html.

“Jammu and Kashmir Instrument of Accession Explained: Article 370 Linked to Agreement Signed between Hari Singh and India.” Firstpost, 20 Feb. 2019, www.firstpost.com/india/jammu-and-kashmir-instrument-of-accession-explained-article- 370-linked-to-agreement-signed-between-hari-singh-and-india-6120001.html.

“Kashmir: India Says Eight Civilians Injured in Pakistan Firing.” BBC News, BBC, 25 Oct. 2013, www.bbc.com/news/world-asia-india-24666123.

Livemint. “Trump's Offer to Mediate in Kashmir Row Triggers Uproar.” Https://Www.livemint.com, Livemint, 23 July 2019, www.livemint.com/news/india/diplomatic-furore-erupts-in-india-over-donald-trump-s- kashmir-mediation-remarks-1563885480526.html.

● Research Report | Page 15 of 18

Dhirubhai Ambani International Model United Nations 2019

“MEA: Statements : Bilateral/Multilateral Documents.” Ministry of External Affairs, Government of India, mea.gov.in/bilateral- documents.htm?dtl%2F5993%2FTashkent%2BDeclaration.

Mishra, Pankaj. “Kashmir: ‘The World's Most Dangerous Place.’” The New York Review of Books, www.nybooks.com/daily/2010/03/04/kashmir-the-worlds-most-dangerous-place/.

Online, ET. “When the Kargil War Came Dangerously Close to Becoming a Nuclear Catastrophe.” The Economic Times, Economic Times, 26 July 2018, economictimes.indiatimes.com/news/defence/when-the-kargil-war-came-dangerously- close-to-becoming-a-nuclear-catastrophe/articleshow/65146081.cms?from=mdr.

Orgi. “Census of India Website : Office of the Registrar General & Census Commissioner, India.” Census of India Website : Office of the Registrar General & Census Commissioner, India, censusindia.gov.in/.

“Plebiscite.” Merriam-Webster, Merriam-Webster, www.merriam- webster.com/dictionary/plebiscite.

Prabhu, Sunil, and Deepshikha Ghosh. “India Strikes After Pulwama Terror Attack, Hits Biggest Jaish-e-Mohammed Camp In Balakot.” NDTV.com, 26 Feb. 2019, www.ndtv.com/india-news/india-struck-biggest-training-camp-of-jaish-in-balakot-large- number-of-terrorists-eliminated-governm-1999390.

Pti. “1965 War: When Foot Soldiers Took on the Mighty Pattons of Pakistan.” The Economic Times, Economic Times, 11 July 2018,

● Research Report | Page 16 of 18

Dhirubhai Ambani International Model United Nations 2019 economictimes.indiatimes.com/news/defence/1965-war-when-foot-soldiers-took-on-the- mighty-pattons-of-pakistan/articleshow/49032326.cms?from=mdr.

Pti. “Pulwama Terror Attack: India Hikes Customs Duty to 200% on All Goods Imported from Pakistan - Times of India.” The Times of India, Business, 16 Feb. 2019, timesofindia.indiatimes.com/business/india-business/customs-duty-on-goods-from- pakistan-hiked-to-200-with-immediate-effect/articleshow/68026732.cms.

“Pulwama Attack: India Will 'Completely Isolate' Pakistan.” BBC News, BBC, 15 Feb. 2019, www.bbc.com/news/world-asia-india-47249133.

Rediff.com: LeT Responsible for Parliament Attack: Govt, www.rediff.com/news/2001/dec/14parl12.htm.

Rediff.com: Parliament Attack: Advani Points towards Neighbouring Country, www.rediff.com/news/2001/dec/14parl21.htm.

Reporter, Our Staff. “Census 2017: AJK Population Rises to over 4m.” The Nation, The Nation, 26 Aug. 2017, nation.com.pk/27-Aug-2017/census-2017-ajk-population-rises-to- over-4m.

Safi, Michael, and Mehreen Zahra-Malik. “'Get Ready for Our Surprise': Pakistan Warns India It Will Respond to Airstrikes.” The Guardian, Guardian News and Media, 27 Feb. 2019, www.theguardian.com/world/2019/feb/26/pakistan-india-jets-breached-ceasefire- line-kashmir-bomb. ● Research Report | Page 17 of 18

Dhirubhai Ambani International Model United Nations 2019

“South Asia | Kashmir: The Origins of the Dispute.” BBC News, BBC, 16 Jan. 2002, news.bbc.co.uk/2/hi/south_asia/1762146.stm.

“South Asia | Kashmir's Forgotten Plebiscite.” BBC News, BBC, 17 Jan. 2002, news.bbc.co.uk/2/hi/south_asia/1766582.stm.

“The Limits of Influence.” Google Books, Google, books.google.co.in/books?id=kyYOWdA5PNkC&redir_esc=y.

“TRUCE: Meaning in the Cambridge English Dictionary.” Cambridge Dictionary, dictionary.cambridge.org/dictionary/english/truce

“Vulnerable India: A Geographical Study of Disasters.” Google Books, Google, books.google.co.in/books/about/Vulnerable_India_A_Geographical_Study_of.html?id=fX- MxQEACAAJ&source=kp_book_description&redir_esc=y.

● Research Report | Page 18 of 18