Introduction
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Dhirubhai Ambani International Model United Nations 2019 Forum: Security Council Issue: Question Of Kashmir Student Officer: Vikram Sivashankar Position: Deputy President Introduction The Kashmir issue is a conflict between the nations of Pakistan and India over the territory of Kashmir. Kashmir, located at the northernmost part of the Indian subcontinent, consists of the Indian regions of Jammu and Kashmir (Jammu, Kashmir Valley and Ladakh), the Pakistani regions of Azad Kashmir and Gilgit-Baltistan and Chinese regions of Aksai Chin and the Trans-Karakoram Tract. The main conflict arises from the fact that the former ruler of Kashmir, Hari Singh, 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 wars have been fought as a result of this conflict- the Indo- Pakistani War 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 Kargil War in 1999, which was initiated by a violation of the LOC by Pakistani forces. Currently, the region is divided by the Line of Control (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 “South Asia | Kashmir: The Origins of the Dispute.” BBC News, BBC, 16 Jan. 2002, news.bbc.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 Indian Armed Forces 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 General & 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 “Pulwama 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 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. 7 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. ● 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, 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 partition of India 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 (militia) in an effort to capture Kashmir, soon after obtaining independence. The rebellion in Poonch 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 China and India. The Sino- Indian War was a war fought between the two nations over the sovereignty of the region.