STUDY GUIDE - UNITED NATIONS MILITARY OBSERVER GROUP IN AND , 1949

MONUA 2018 #resettingthelimit #resettingthelimit Contenido secretary General

Welcome letters 04 Dear Delegates,

From the Secretary General 04 It is our pleasure to welcome you to the Seventh Version of Universidad de Los Andes’ Model United Nations Conference, MONUA 2018. My From the Under- name is Camilo Torres Casanova, Law major with a minor in International Secretary General for Studies and Art History from the same institution, and Secretary-General the United Nations for this edition. Along with Juan Camilo Romero, Under Secretary Organization 05 General and Economics and History major, it has been a pleasure for us, along with coordinators, USG’s and dais, to design the challenge you From the Dais 06 will experience during the next days. From Mr. Trygve Lie, By coming to MONUA, you have decided to make part of a new trend Secretary General of in the international MUN circuit: the redefinition of excellence. Being the United Nations that so, during the upcoming sessions you will debate, negotiate and Organization 07 be challenged to give your best. Every single participant of this edition of MONUA will have to face the paradigm of that which makes them Presentation of outstanding and to venture into what becomes necessary to actually be the Committee 08 exceptional.

Procedure 10 Part of this experience will be getting to know yourselves and, without any doubt, the resetting of limits. That expression, our official motto Interconnection 12 for this edition of MONUA, has been a mandate for each and every Context member of our team, in terms of setting the bar in terms of academic 12 excellence, logistic innovation and the construction of a conference that will keep leading in the region and an unlimited source of surprises and Topic: Recreation challenges for those who make part of it. Without any further ado, it is of the Karachi left for us to tell you that your challenge is to go beyond, pushing the bar Agreements 16 beyond the limits you know, and rediscover yourselves as more capable, more committed and without any doubt, more integral persons than Proposed Solutions 21 those who came in at the beginning of this edition of MONUA.

Timeline of Events 24 Enjoy what’s coming, because from now on we’re resetting the limit,

QARMAS 26

Research Suggestions 26

References 27

Camilo Torres Casanova Juan Camilo Romero Secretary General Under-Secretary General

4 Under-Secretary General for the United Nations Organization

Delegates and observers,

I thank you for your commitment and your courage of assuming the challenge of participating in MONUA 2018. My name is Juan Felipe Silva Bustamante, and I am a Law student at the University of the Andes. I am truly honored of having the opportunity to learn from those who made part of the process of building a Model United Nations that pretends to reset the limits, a project that is made of passion and persistence, a true space for consciousness raising.

As Under-Secretary-General for the United Nations, and I know this is the case of the other Under-Secretariats, I feel very glad and proud about the fact that the various committees that I proposed for them to be in MONUA, and afterwards, the ones who were decided along with the rest of the team, made part of a structure of interconnection, coherence, and sense. To see these ideas being materialized is encouraging and I feel grateful for it.

The issues to be treated by the committees match also profoundly with the areas of study for which I am more passionate about. While the Security Council and DISEC are to be immersed in mainly analyzing security-related problematics, the way they are thought to work includes the consideration of issues related to human development and international regulations. ECOSOC, on the other hand, is sub-divided in two commissions, and directly encounters the core of sustainable development and is ready to fight to prevent crime. In the case of the UN Military Observer Group in India and Pakistan: 1949, a historical committee that pretends to recreate the Karachi Agreements, it is a high-level meeting in which geopolitics and history meet to be rewritten. Finally, with the UN Legal Committee of the General Assembly and the International Court of Justice, the judicial organ of the UN, the structure of the Under-Secretariat is completed. These two profoundly technical-legal Committees are in charge of analyzing concepts such as armed conflict and State responsibility, but also armed attack and the international responsibility of preventing the crime of genocide.

Since my last school years, and now as Law student, I have been deeply interested in International Public and Constitutional Law, and in issues such as how to attain human development and growth. I am thankful for this opportunity, MONUA has been for me the place to remember that knowledge has to be turned into practice, have true effects upon others; it has been the space to step by step raise social consciousness.

Should you have any doubt about anything, please contact me. I welcome you all, and wish you enjoy MONUA 2018; I hope it will be an inspiring experience.

My best regards,

Juan Felipe Silva Under-Secretary General for the United Nations Organization

5 DAIS

Dear delegates, Dear delegates,

My name is Valentina Conde and I My name is Andres Felipe Jaramillo, am an International Relations student I am Senior in high school in the with emphasis in Security, Peace and Knightsbridge Schools International Conflicts at Universidad del Rosario Bogotá. For me it is an honour to in Bogotá. To begin with, I would like be your president for this year at to welcome you to MONUA’s United MONUA’s United Nations Military Nations Military Observer Group in Observer Group in India and Pakistan. India and Pakistan. I’m very excited One of my biggest goals for this to have the chance of presiding committee is to give all what I have this committee and I hope you take and all my experience to help you this opportunity to challenge your have a great experience during this academic knowledge, make new model. I invite you all to give your friends and see a different side of one hundred percent and work hard history through this committee. to achieve a great debate and a great committee. I am here to help you, As Mahatma Ghandi said, satisfaction please contact me if its needed, I am lies in the effort, not in the attainment, willing to solve any doubt you can full effort is full victory; and as have from the guide and the model. such, the victory of the committee Last, but most important, please enjoy depends on all of our effort. Please yourself during this model; learn about do not hesitate to contact me for any the past, participate because of your doubts regarding the model or the passion, and show all your abilities. committee. Work hard and see you at MONUA Hope to meet you soon, 2018,

Valentina Conde Andres Felipe Jaramillo DAIS, UN Military DAIS, UN Military Observer Group in Observer Group in India and Pakistan, India and Pakistan, 1949 1949

6 Secretary General of the United Nations Organization

Dear Delegates,

The instability of the sub-Indian continent as a result of the unfinished border between India and Pakistan is now becoming a threat to international peace and security since hostilities between the parties have not ceased and new confrontations between ethnicities arise every day. The increasing number of casualties is a reason for being concerned, as well as the fact that the territories of India and Pakistan have not yet been fully divided.

Currently, the status of the territory of is not yet defined, and therefore, both the Indian and the Pakistani armies engage in confrontations between each other, violating international law.

In this sense, it’s the responsibility of those accounted to be part of a negotiation process that would finally bring legally established borders in the region of Jammu and Kashmir, bringing peace to the region, and hopefully, solving a conflict that could potentially last for decades. Those negotiations must be settled in fair terms, with specific topics to be considered and trying to solve issues by the means of diplomacy. Delegations will also have to bear in mind the mandate the UN Security Council gave the Military Observer Group and the purposes of the UN Secretary General.

Answers are needed, and a region is waiting for the response of the international community.

His Excellency, Trygve Lie United Nations Secretary General

7 Presentation of the Committee

The area of responsibility of UNMOGIP Following the India-Pakistan hostilities at is along the (separating the the end of 1971 and a subsequent ceasefire Pakistan and Indian administered regions agreement on the 17the of December of Kashmir) and the Working Boundary of that year, the tasks of UNMOGIP have (separating the Indian-administered Kashmir been to supervise, to the possible extent, and Pakistan). UNMOGIP reports to the UN the strict observance of the ceasefire line Secretary General, through the Department agreed upon on December 17, 1971 and to of Peacekeeping Operations at the UN report thereon to the Secretary-General. headquarters, all activities and developments that can impact the ceasefire and/or the Given the disagreement between India and mandate implementation (UN, 2017). Pakistan about UNMOGIP’s mandate and functions, the Secretary-General’s position has been that the UNMOGIP can only be The UNMOGIP is the second oldest terminated by a decision of the Security peacekeeping mission of the United Nations, Council. In the absence of such a decision, and it is in charge of observing and informing UNMOGIP has been maintained with the the UN about what happens in the Indian and same arrangements since then. Pakistani borders with Kashmir. Its members are in strategic points in which they can To fulfill UNMOGIP’s mandate, military observe if the Indo-Pakistani ceasefire line is observers conduct field tasks (area being observed or not. , field trip, field visit and observation post) along the Line of Control. A. Mandate As part of the 1949 Karachi Agreement, UNMOGIP also conducts investigations The first team of unarmed military observers, regarding alleged ceasefire violation which eventually formed the nucleus of the complaints, which the two parties can United Nations Military Observer Group in submit to the Mission. The findings of the India and Pakistan (UNMOGIP), arrived in the investigations are shared with the Secretary- mission area in January 1949 to supervise, General and a summary of investigations in the State of Jammu and Kashmir, the with India and Pakistan. ceasefire between India and Pakistan, and to assist the Military Adviser to the United Nations Commission for India and Pakistan (UNCIP), established in 1948 by Security Council Resolutions 39 and 47.

8

B. Historical context of the UNMOGIP D. Relation to the United Nations

» 1948: The UNMOGIP has to report any type of After the Resolution 38 of the Security relevant information to the Secretary General Council, the United Nations Commission and inform the possible irregularities of India and Pakistan (UNCIP) to investigate around the ceasefire in the region. Its and mediate the conflict was established. main responsibility is to be the eyes of the In Resolution 47 of the Security Council, the international community over the conflict. Mission grows in members, and establishes They are crucial in informing both India and the presence of observers to stop the Pakistan if the Agreements are broken. conflict. i. Relation to the Security Council » 1949: The UNCIP was created by the Security The first unarmed military observers that Council before it transformed into the arrived at the mission were designated to UNMOGIP. The UNCIP had to mediate supervise the region of Jammu and Kashmir between India and Pakistan during the to aid in the observance of the ceasefire Indo-Pakistani war of 1947; the committee is between both India and Pakistan. The task in charge of informing the Security Council of this observer group was to accompany and wait for their instructions in order to the local authorities in their investigations act. For the purpose, they had to report the and to provide them with impartial Security Council about what was happening information. in Kashmir. The ceasefire line between India and Pakistan was arranged by the Karachi E. Committee expectations Agreements. As the Chair, we expect from you to show and C. Powers and functions of the challenge all your knowledge and abilities committee to find new negotiation methods and make use of rhetoric in order to convince the In January 1948, the Security Council other delegates of your own position. We adopted Resolution 39, establishing the also want you to understand and interpret United Nations Commission for India a new culture, which is different from what and Pakistan (UNCIP) to investigate and we normally know, to understand that mediate the dispute. In April 1948, by its political and religious conflicts are not just Resolution 47, the Council decided to something from the 21st century, but that enlarge the membership of UNCIP and to has existed from a long time ago. As some recommend various measures including the of you will represent characters, we expect use of observers to stop the conflict. In July from you to personalize the character, make 1949, India and Pakistan signed the Karachi their position and ideas yours and to solve Agreements establishing a ceasefire line the issues that are to be raised with your to be supervised by the military observers. own initiatives and ideas. Last, we expect These observers, under the command of from you to solve one of the biggest and the Military Adviser, formed the nucleus of oldest conflicts the UN has had since its the United Nations Military Observer Group foundation and that still affects the world in India and Pakistan today. We expect from you to put a hundred percent of your abilities to succeed in this Model and in this Committee.

9 a. How to set agenda:

Since MONUA’s Military Observer Group in India and Pakistan will only have one topic, it is not necessary to set the agenda. However, in case the delegations consider it necessary, it The UNMOG in India and Pakistan will be possible to set specific topics will follow the procedure established by to discuss during the course of the MONUA’s Handbook. This committee committee. In this case, the procedure will follow all the points and motions that will be the one established in MONUA’s are established there without exception. Handbook. Nevertheless, the Dais will add or accept extra points or motions to help with the b. Voting: dynamic of the debates and sessions. The Dais will announce when said For procedural matters, all the motions or points are in order or when delegations present in the Committee they can be introduced, these being the will have one vote. For substantial following: matters, only the delegations who represent regions or States will have the » Point of information to the speaker right to vote. during a moderated caucus: when a

Procedure discussion requires so, and with previous e. Remission to MONUA handbook on consent of the Dais it will be possible all other matters to make points of information to the speaker during a moderated caucus with Any other procedural matter will be the same procedure that is held during a regulated as established by MONUA’s speakers list, as established in MONUA’s Handbook. Handbook. f. Members » Motion to establish the time of interventions during a moderated i. Dais caucus: when a discussion requires so, and with the previous consent of the The Dais of the United Nations Military Dais, it will be possible to establish a Observer Group in India and Pakistan will maximum time per intervention during a be a neutral actor within the functioning debate, not being possible for each of of the committee and will have all the them to surpass one minute and a half. faculties established by MONUA’s Handbook. » Motion to consult the United Nations Security Council: bearing the essence ii. Delegations of historical committees, and keeping in mind the way MONUA 2018’s For India: Lieutenant General Satyawant interconnection system will work, it will Mallanna Shrinagesh, Major General be possible for delegates to introduce a Kodendera Subayya Thimayya and Motion to Consult the Security Council Brigadier Sam Hormusji Manekshaw. (considering the following explanation in For Pakistan: Major General Walter interconnection), in which the Committee Joseph Cawthorn, Major General Nazir as a whole (not individual delegations Ahmad and Brigadier Sher Khan. or blocks) may request information or For the disputed areas: Representative concepts from the 1949 Security Council, of the South of Kashmir, Representative throughout a formal document that will of the North of Kashmir, Representative require the consent of the Dais and the of the East of Kashmir. approval of a majority of two thirds of the Committee.

10 For the Security Council: Delegates of the Union of Soviet Socialist Republics, France, the of America, the of Great Britain and Northern Ireland, and the Republic of China. 4. Directives: Directives will be sent upon Delegates from the Chairman of the Truce Sub- the specialized agents of the Security Council committee of the United Nations Commission only when military or defense matters are being for India and Pakistan: Military Adviser treated within the Committee, this will be sent Lieutenant General Maurice Delvoie and Legal by the committee as whole or by any member Adviser Mister Miguel Marin. of the UN Security Council or UNMOGIP in 1949. It must be specified that said directives In the case the Committee decides to undertake are condensed forms of a resolution regarding a military action, the approval of all delegations quick decisions and actions, but in no way with the right to vote regarding substantial are equivalent to crisis notes, as this is not a matters will be needed. In this case, the only committee of that sort. Hence, directives may members of the Committee that won’t have this not be private, and for a specific delegate to right are the Delegates from the Chairman of send it, it must be approved by the Dais. The the Truce Sub-committee of the UNCIP. difference with resolutions is the fact that directives must be specific and precise in the c. Documents the committee will work with actions to take, and will serve for the movement of troops in the territory. For a directive to pass The United Nations Military Observer Group it needs a simple majority in case of being in India and Pakistan will have the following a committee one, or if being from one of the documents: delegates only, it will need Dais approval, and will be subject to the following conditions: 1. Position papers: All of the delegations who participate in the Committee will provide a. Military Representatives from India to the Dais a position paper that includes their and Pakistan may send personal public official position regarding the Indo-Pakistani directives only with no opposition from the conflict and the Kashmir situation, as well as representatives of their state. This being said, their contributions or possible contributions to for an Indian representative to move any troops, the Mission and proposals to contribute in the it will need to have consensus with the other negotiation process that will take place during representatives from the same country. The the recreation of the Karachi Agreements. latter also applies for Pakistani representatives.

2. Request to the Security Council: It’s b. Representatives of the UNSC a formal document in which the UNMOGIP Permanent members may only move UN will request the information needed from the troops, subjecting them to only be able to Security Council regarding any topic that is foster committee directives. being treated in the Committee. This document must be agreed upon consensus and count c. Regional and UN Representatives will with the approval of the Dais. It must contain not be allowed to move any troops, following a context of the discussion that provides they don’t have any. information to the Security Council about the situation and the specific questions or requests d. When a personal directive is sent, the the Committee wants to ask. Dais will verify the existence of the requested conditions before approving it. 3. Resolutions: Resolutions will be 5. Agreements: This will be the final received when the committee resolves a document of the committee, it will be written specific situation or crisis and it must count only when the delegations have reached upon all the requisites of MONUA’s Handbook; agreements within the topics in discussion and or, when the Security Council asks the United with the format of an International Treaty. It Nations Military Observer Group in India and must not count with preambulatory clauses or Pakistan to solve specific situations. signatory States, only with two heads of block.

11 Interconnection Context

Considering the fact that MONUA’s UNMOGIP After the first Indo-Pakistani War, the parties is a historical committee, there will not be any of the conflict send military representatives interconnection or interaction with the other to negotiate and define a ceasefire line in committees of the Model. However, it is important consideration of the confrontations being held in to notice the fact that the Committee will be the city of Karachi, including the mediation of the receiving constant information from foreign United Nations Commission for India and Pakistan advisors and specialized agents (from the Security (UNCIP) created by the United Nations Security Council). Council Resolution 47 (1948), with the goal of reaching a military agreement which would not In this sense, and with the purpose of having a consider political or economic issues. The Karachi dynamic committee, the UNMOG will receive Agreements succeeded on delimiting a ceasefire updates and information from the United Nations line under the provisions of the I part of Resolution Security Council through specialized agents of 47 of the UN Security Council issued on August MONUA’s interconnection team. These agents 13, 1948, with the compromise of suspending the will be in charge of receiving the requests of ongoing hostilities. the UNMOGIP, and will be the link between the Military Observer Group and the Security Council. A. Context of the region In any case, whatever information or decision coming from the Council will be understood as The region of Kashmir is located in the northern official, and can therefore produce effects within part of the Indian continent, in a way that the the UNMOGIP. northern areas of India and Pakistan border with the south of China. The territory is mostly composed by mountains and is divided in seven different zones, in which, among others, the following are

found: the plains and the The foothills, the Pir Panjal Range, the upper Indus River valley and the Karakoram Range. The following image shows the ceasefire line (which is the line of control in the map) and how Kashmir was divided after the Karachi Agreements.

i. Surrounding countries

After the of the Indian subcontinent because of the existent British control during the year of 1947, the territory was divided giving most of it to India, since the majority of the population was Hindu. The predominantly Muslim territories were given to Pakistan. However, the territory of Kashmir did not make part of the partition and it identifies itself as an independent State with a neutral position. The region of Kashmir is surrounded by the States of India, Pakistan and China; the three of them have expressed their desire of conquering and controlling the area.

12 After its independence, India suffered from This movement came to a climax between 1918 different clashes between its different ethnic and 1922 when the National Indian Congress groups, these being the Hindus, the Muslims and under the leadership of Mohandas Gandhi started the Sikhs. After the crisis, Prime Minister Nehru their first series of non-violent campaigns of civil invited the last British ruler Lord Mountbatten to disobedience. Gandhi’s movement reached people take back power and help with the organization of from all over India, with several effects over the way the people. In 1948, he was replaced by Chakravarti India unites around cultural, political and religious Rajagopalachari who used military force in Kashmir issues. and Hyderabad. ii. Colonialism In 1930 Gandhi’s party lead non-violent mass movements, but during the late 30s it was unable to After the Bengal Rebellion of 1857, the British achieve an agreement for India to have a sovereign Government issued the an Government. Consequently, the spread of more Act dated 1858, in which India was denominated as radical ideas lead by Subhash Chandra Bose the Indian Empire, ruled by the British crown. were not well received by fellow members of the legislative, but were popular within the people. This In the case of the Princely States, its leaders had situation created a division between the radicals total internal autonomy to govern in exchange and the conservatives. Bose left the Congress and of British Suzerainty (this figure gave special created his own political party. In 1942, during faculties to these leaders, since it’s a prior notion World War II, Bose created the Indian National of sovereignty). As a result, the British India was Army, which was a military campaign that aimed to composed by 58% of the territory of the Indian win over the British rule. Subcontinent, while the Princely States (along with the French and Portuguese exclaves) were divided Following the impact of the Indian National Army, into 565 subdivisions. many Indian soldiers and officers at Red Fort (the historical British fort in Delhi) organized mutinies A Princely State was a vassal State under a local ruler in the Army and the Air Force. The response of power that had established a subsidiary alliance the Congress was to lead millions of people into with the British Raj, who was the main ruler of the civil disobedience movements, demanding the Indian subcontinent during the colonial ages. The British Empire to leave India. After the riots and Raj was the representative of the British crown in the general disobedience, the British control over the Indian subcontinent territory as well as the ruler the Indian subcontinent ended at the midnight of of the British Eastern Company. The subsidiary August 15, 1947, with the condition of dividing the alliance consisted in that the princely rulers were Indian subcontinent into India and Pakistan. not allowed to have an independent armed force: they had to be protected by the British and had iv. Conflicts to pay the East India Company to maintain the protection. If the rulers didn’t pay their debts, the The RIN Mutiny encompasses a total strike and Company had the faculty of taking part of their subsequent mutinies by the Indian sailors of land away. This is relevant to the topic as Kashmir the Royal Indian Navy on board of the ship and and Jammu were Princely States, meaning that shore establishments at the Mumbai Harbour, on they were independent from the Indian Empire; February 18, 1946. From the initial flashpoint, the therefore, even during colonialism Kashmir had its mutiny spread and found support through India, own autonomy. and ultimately came to involve 78 ships, 20 shore establishments and 20,000 sailors. iii. Independence

The Indian rebellion broke out in 1857 when soldiers from the British East India Company and the Indian Kingdoms unite themselves and rebelled against the British Empire. After the revolution, India was divided developing social movements and classes of an educated elite who started to account for the Indian political representation and their rights. The increasing political discrimination and the constant violation of their rights created a public disagreement against the European colonial powers.

13 B. Political context

i. Important leaders

Muhammad Ali Jinnah Chakravarti Rajagopalachari “Jinnah was an Indian politician who successfully Rajagopalachari served as Governor General of campaigned for an independent Pakistan and India after Lord Mountbatten left back to England became its first leader. He is known there as to attend the marriages of his Nephew Prince Philip ‘Quaid-I Azam’ or ‘Great Leader’” (BBC, n.d.). and Princess Elizabeth between November 10 to Ali Jinnah was born in Karachi during the British 24, 1947. Rajagopalachari was a simple man with a control upon India. He studied at the Bombay simple life but with great leadership abilities which University and at the Lincoln’s Inn in London surprised Mountbatten, making him his second where he became a lawyer. He was a member of option for succession. When Mountbatten left the Indian National Congress and an activist for India, Rajagopalachari was elected to be Governor the freedom and independence of India. In 1913 General from 1948 to 1950, when he was elected he joined the Muslim League, which had as its President of India. main goal to represent the interests of the Indian Muslims who were a minority in India. Jinnah ii. Important issues was elected president of the League by 1916. In 1920, the Indian National Congress launched a The main political issue that concerns this movement of non-cooperation towards the British Committee is the position taken by the Government Empire, which Jinnah opposed, leading to its of Kashmir on October 27, 1947, based on the resignation from the Congress. At the time, there argument that the Muslim majority in their country were big differences between the Congress and would prefer an annexation to Pakistan rather the Muslim League. In 1937, the Congress refused than to India. At the time, Pakistan, in support of to create a coalition administered by the Muslim different Muslim groups proceeded with attacks League. As a result, the relations between the on the territory of Kashmir due to the desire of Hindus and Muslims began to deteriorate. In 1940, conquering the zone, leading to the agreement of the League decided to create an independent military protection in exchange of the Instrument country apart from India: Pakistan. Jinnah believed of Accession between Kashmir and India, in which that the Muslims had to divide from the Hindus in India gave protection to Kashmir in exchange of it order to maintain and respect their rights. After the becoming part of Indian territory. independence of Pakistan, Jinnah had to witness mass movements of Muslims going into Pakistan C. Economic context and Hindus going into India. “Jinnah became the first governor general of Pakistan, but died of The two main economic problems that surrounded tuberculosis on 11 September 1948” (BBC, n.d.). the Indo-Pakistani conflict were first, the fact that water supplies coming from the biggest rivers Hari Singh in the region were now in a territory that didn’t Singh got to power of Jammu and Kashmir by belong nor to India nor to Pakistan (generating the death of his uncle Pratap Singh in 1925. His disputes over the control of said resources); and first policies after acceding to power were related second, the loss of potential economic land, work to education, the prohibition of child marriage strength and resources, summed to the fact of the and open places to worship castes. Singh was costs generated by the conflict. hostile towards the Indian National Congress, because of the friendship between Kashmiri The most important resource of Kashmir was the politicians: Sheikh Abdullah and the Congress pure water which came from the mountain to the leader . He opposed the Muslim rest of the Indian subcontinent. Kashmir was crucial League and its communalist outlook. During to maintain clean water for India and Pakistan. World War II he was part of the Imperial War Moreover, the region of Kashmir was also full of Cabinet. After the independence, he decided to natural resources that could be sold and exploited, remain neutral and not join neither Pakistan nor representing an advantage for either Pakistan or India. As Kashmir was a territory with a Muslim India in case any of them could make that territory majority, Pakistan was willing to annex it to their theirs. territories, sending troops to achieve this goal. As a response, Hari Singh asked for help to India, accepting the condition of a latter annexation of Kashmir to the Indian territory, as it happened on October 26, 1947, through the signature of the Instrument of Accession.

14 D. Historical context Indian defence of the Kashmir Valley The Indian forces pushed the rebels to Baramulla i. History of the conflict and Uri, where different towns were recaptured. In the Poonch region, the loyal members of the State Poonch revolution army continued to fight the rebels, forcing them The Poonch region was conformed mostly by to move to the north part of the State. As a result, veterans that served in the British-Indian army the rebels were joined by the Chiral State (that during World War II, especially in the Sudan belonged to Pakistan), helping the Gilgit Gor in its region, and held bad relations with the Dogra cultural relations. regime. On April 21st, 1947, Hari Singh was invited to Rawalakot, where many veterans turned Attempted link-up at Poonch against the leader of Kashmir. This triggered a The Indian and the Kashmiri forces sent their troops series of measures taken by Singh to disarm the to the south to relieve the Poonch. This was almost locals and have a better military control. The impossible because of the difficulties to get there. veterans organized a “home guard” that would Nonetheless, they eventually reached the Poonch defend them from the Dorga army when needed. and Kotil, making an evacuation necessary. In the They even created a war council in Murree. These other hand, the AZK took control of Mirpur, with a actions created a revolt from the Muslims in great number of Hindus murdered. Poonch and Mirpur against the Government. The response of the Government was with massive Fall of Jahangir and attacks on Naushera and Uri violence and massacres against the Muslims in The Pakistanis and the AZK forces captured Jahangir, the eastern part of Jammu. with successful attacks on Naoshera. Parallelly, the AZK and the Pakistanis tried to take Uri on several Accession of Kashmir occasions, failing because of the lack of strength of After the revolutions in the Poonch and Mirpur their military. Likewise, the Indians took the city of region, the Government asked for military help Chamb in the south. to India. India agreed to offer their help, with the condition that the region of Kashmir would Op Vijay: Counterattack to Jahangir accede to the Indian territory. Such conditions The Indian forces counterattacked, recapturing were accepted by the Maharajah. Jahangir and Rajauri. Meanwhile the AZK continued to unsuccessfully attack Uri. The Pakistanis and the However, and as the Pakistanis were not part of the AZK took control of Skardu in the north. agreement they didn’t recognize the accession as valid, while arguing that the pact was the result Indian spring offensive of fraud and violence. Afterwards, the governor In Jahangir, the Indians suffered many counterattacks Mohamed Ali Jinnah ordered the mobilization from the AZK, whose support was increasing by the of Pakistani troops to Kashmir. However, and Pakistani Forces. In the Valley, the Indians recovered because the agreement stated that now Kashmir Tithwail. The AZK made a great progress in the was part of India, the British could not Himalayas, gaining Leh, Kargil and Skadru. play any role in the conflict. On May, 1948, the Pakistani army entered the conflict to defend the Operations Gulab and Erase May borders of its State, pushing them to Jammu. The Indians continued gaining support in the Valley sector, heading north, gaining Keran and Gurais, Initial invasion also gaining a counterattack at Tithwail. The troops An invasion made by the rebels towards the in Poonch where able to move again. As a result, Kashmir Valley, resulted in an attack against the Kashmiri army defended Skardu from the Gligit the city of Singar (the capital of both Jammu forces, pushing them to Ladakh. and Kashmir), with the resulting defeat of the Kashmiri forces. During this process, different Operation Easy routes of accession were open, and many people The Indians gained the upper part in all sectors, joined the rebels because of ideological reasons. Poonch was finally taken and the Gilgit forces were After the accession, Indian troops blocked their in the top part of the Himalayas losing all their passage, preventing the take-over of Singar. progress, being defeated by the Indians, who also gain Kargil but while having support problems. The Indian army created the Zoji-La pass by using tanks and retaking .

15 TOPIC:

RECREATION OF THE KARACHI AGREEMENTS IN 1948

16 Introducción certain political leaders with different leaderswith certain political intentions. of capturing main objective andcontrolling the toPakistan,with annexation sought the that forces Muslim tribal of support in conflict PakistaniArmyentered the same month, the Kashmir (GlobalSecurity, 2017,n.p.).Onthat tribal rebellion broke outinPoonchsouthwest beganinearlyOctober1947,whena Hostilities independence from territories. both ortohave tobeannexedIndia, was either preference the Muslim, population ofthe was population mostofthe and eventhough (GlobalSecurity, India than 2017,n.p.).However, Kashmir should accede to its territory rather Asia, inSouth StateforMuslims established territory,over the asitwasthe that, asitfelt importance toapplypressure claims ontheir Pakistan useditsreligious and composition Karachi’s localGovernment. strongthe wasbeingheldby that opposition and population of the distribution ethnic of the rest complexity States)duetothe Indian ofthe the demographic factors(asitwasmadewith not bedecidedmerely upongeographic or toadeterminedterritory could its annexation Kashmir’swith status resided fact that on the from Empire. British the Themainproblem andPakistan independenceofIndia after the Kashmir of status final the to due 1947, in place T he first war between India and Pakistan took Pakistan and India between war first he that could lead to the solution of the conflict. ofthe solution couldleadtothe that a ceasefire andthe establishment of agreements maintenanceof Council) haveworkeduponthe Security the (andspecially UnitedNations the of also bulk its to the forces.withdraw Ever since, to remove its troops, event after which was India asked Pakistan UN the 13, August On conflict. hopeforaquickresolution with Nations ofthe United tothe dispute the Government submitted Indian beginning of 1948,the n.p.). Atthe with fights irregular troops army(BBC,n.d., Indian ofthe the escalating borders, its protect regularthe uponto PakistaniArmywascalled Riots andviolenceneverceased.InMay1948, itneverhappened. though suchaprocessfact that oughttobemade,even provincethe ofJammu.Pakistanagreed the with preferencesthe in especially population, ofthe confirm to seeking held, be to was referendum agreement,terms ofthe a that itwasestablished itisimportanttorecallStill, the within factthat the Security, 2017,n.p.). InstrumentofAccessionwassigned(Global the agreed terms.OnOctober26,1947 tothese the Both first. PrimeMinister(ofKashmir) Maharajah andthe the of territory the to acceded agreedIndia toprovide helpaslongKashmir from onecondition with government: Indian the aggressionsthe andregain lostterritories, the forces military Indian the inorder toholdback to fight aidof forthe Maharajah, facingdefeat, called a undertook gain control overstrategic the territories until Pakistan then, Since 17 This is the moment in time in which the committee will take place.

B. Ethnic situation

There is not a strict consensus regarding the » Dogras: They mostly occupy the outskirts of the proportion of ethnic divisions in the territories plain. Their religious majority is Hindu. disputed between India and Pakistan. However, » Ladakh Tibetans: This ethnic group is strongly it is important to clarify that for Kashmiris and tied with agricultural activities and social linkages ethnic groups the issue goes well beyond that developed in matters of behavior. They have religious matters, as they may also compromise diversity of religions within their group with most cohesion or economic resources. According to of them being Buddhist, a big portion of them the Kashmir Overseas Association, an ethnic Muslim and a minority of Christians. group » Hindko: Minor group conformed mostly by Muslims. is a group of people possessing a common ancestry and cultural tradition with a feeling of An important matter to be considered within belonging and cohesiveness, living as a minority the ethnic issue is the fact that some of these in a larger society. Each social group is the compositions answer to religious aggrupation, keeper of distinctive cultural traditions and the but mostly are the result of immigrations due nucleus of various kinds of social interactions. An to conflicts, at first, because of the rule ofthe ethnic group provides not only group identity, British Empire, and later, because of the conflict but also friendship, marriage patterns, business between India and Pakistan. success, and the political power base (Husain, 2017, n.p.). C. Division and dispute over the territory

Several ethnic groups cohabit within the territory: Traces from the division and disputes over the » Kashmiris: It’s referred to the people who territory of what is now India and Pakistan can consider their nation to be Kashmir following a be found way before India’s independence, special linkage with the territory by long family mainly, to the Morley - Minto reforms of 1909 lines living in Kashmir, they are mostly Muslim when Indians gain participation in their own (even though some historians consider that in governance, anticipating an eventual move to the beginning they were Buddhist and Hindus, self-rule (Chester, 2002, n.p.), when creating creating per se a link with India) and are mainly different electorates for religious groups, concentrated in the Valley of Kashmir, Kishtwar, spreading the idea that society consisted of Bhadarwah, Doda and Ramban tehsils of the groups set apart from each other, giving life, . ultimately, to the pro-Pakistan movement. This was evidenced in the elections of 1937 and of 1945-46.

18 The Radcliffe Boundary Commission that was “The final boundary, known as the Radcliffe award, mainly in charge of dividing the province of Punjab allotted some sixty-two percent of the area of (who had independency claims since 1919), was undivided Punjab to India, with fifty-five percent of part of a larger political project that aimed to the population. The boundary ran from the border of create the border between India and Pakistan, Kashmir State south along the Ujh River, leaving one taking into consideration the ethnic and religious tehsil of Gurdaspur District to Pakistan and allotting composition of the population. Afterwards mass the remainder to India. Where the Ujh met the Ravi violence can be traced to the Radcliffe process, River, the boundary followed the Ravi southwest, until it met the existing administrative line dividing even though the boundary that resulted from the Amritsar District from Lahore District. Radcliffe was Commission was incomplete (Chester, 2002, n.p.). careful to specify that the relevant administrative boundaries, not the course of the Ujh or the Ravi, As a result, the is known as constituted the new international boundary. The the process of dividing the subcontinent along boundary then ran through Lahore District, along sectarian lines (Szczepanski, 2017, n.p.). The tehsil and village boundaries, leaving the district’s northern territories with predominantly Muslim easternmost corner in India. When the Radcliffe population became the nation of Pakistan, while boundary met the Ferozepore District line, it turned to follow the River Sutlej along the administrative the southern and majority of the Hindu territories boundary between Ferozepore and Montgomery became part of the Republic of India. In this Districts. The Radcliffe line ended where it met the context, there was an exacerbation of the ongoing border of Bahawalpur, a princely state whose ruler, conflict between Hindus and Muslims, taking it to like the Maharajah of Kashmir, had the choice of an international level. acceding to Pakistan or India” (Chester, 2002, n.p.).

Likewise, it is important to consider the role that different leaders had within the Radcliffe Commission and the final division. The Muslim League’s leader Muhammad Ali Jinnah began a public campaign in favor of a separate Muslim State, while Jawaharlal Nehru from the INC called for a Unified India.

As a result,

“In February of 1947, the British government announced that India would be granted independence by June 1948. Viceroy for India Lord Louis Mountbatten pleaded with the Hindu and Muslim leadership to agree to form a united country, “As a result of the problems mentioned before, but they could not. until 1947 Kashmir was a princely state whose Only Gandhi supported Mountbatten’s position. ruler was entitled to choose for himself between With the country descending further into chaos, India and Pakistan” (Chester, 2002, n.p.) since Mountbatten reluctantly agreed to the formation of the Radcliffe Commission did not have a direct two separate states and moved the independence responsibility over the matter. Still, there are several date up to August 15, 1947” (Szczepanski, 2012, n.p.). interesting links between the Commission and the region, related to geographical complexity: for example, the water feeding the Punjab irrigation However, it was not until the summer of 1947 that systems originate in the Kashmiri rivers. the British and South Asian leaders began the discussions related to the format and procedure of The biggest disputed territories are Kashmir and the a boundary commission. Even though the parties adjacent region of Jammu, which wasn’t included agreed with the central aspects of the discussion, in the Radcliffe Commission. Both territories have the United Nations did not participate, and similar characteristics: independent claims from divided in two commissions an agreement was both India and Pakistan, a history of internal and achieved really fast, leaving great consequences external conflict, abundant natural resources and for the future of the region: unfinished border a multiethnic population that makes it difficult for lines and an inappropriate repartition of natural annexation processes to take place. resources.

19 E. India

India has had a very particular relation with In this sense, a first element to highlight the territories that were given to Pakistan, is that initially the conflict broke out but specially with Kashmir (we don´t because of the support of the Pakistani mean here that the territory was given Government to the Poonch rebellion, to Pakistan), considering the multiethnic and later on, the support of the Indians composition of their own population. to pro-separatist movements. Afterwards, However, for India the use of force has the armies of both States have held direct been an integral part in their approach confrontations specifically over the control to the division of the territory, especially of determined territories of the region. because they consider it as part of their process of achieving full independence. A second line of conflict has been the political one, in which diplomatic However, the Indian Government confrontations have taken place considers to have special ties with the throughout negotiations (as the one who Jammu and the Kashmiri population had place in the Radcliffe Commission) bearing in mind their request for help whose subjects have been related to after the first hostilities began in 1947. As how should the parliaments and political such, the Indian Government holds the bodies of each State act in regards to compromise of developing a referendum the confrontations. From India’s side it is in order to carry into effect the wishes of possible to evidence much more cohesion its population. than from Pakistan’s, but still, India has not been able to comply with its compromises F. Pakistan for the solution of the controversy (like the referendum) as it has been made already Even though Pakistan has made use by Pakistan. of force in order to solve the disputes over the territory with India, there are H. Previous actions two factors that need to be considered regarding the conflict: first, the goal of i. By the parties Pakistan of becoming a Muslim State, The most notable action of the parties for what the territories of Jammu and to solve the conflict (along with the Kashmir are considered as essential in support of the United Kingdom) has order to bring development to the State been the establishment of the Radcliffe to be conformed; and second, the difficult Commission in order to peacefully solve political situation Pakistan is going the controversies, aside from the military through in terms of division and problems actions both Pakistan and India have related to its Government. taken. Similarly, it is important to highlight the G. The conflict quest for help from India to the United Nations Security Council to help with So far, and since the division of the the solution of the conflict, as well as to territory as a consequence of the Indian rethink the international importance of the and Pakistani independence from the conflict to preserve international peace British Empire, it is possible to trace lines and security. of conflict between both actors. The first line is related to violent and strategic ii. By the UN actions against each other in which the On April 22, 1948 the Security Council military of both States have been involved issued a Resolution according to which with the goal of gaining territories for negotiations should be starting between each side. India and Pakistan, with the possibility of a ceasefire line to be established.

20 iii. Current situation Proposed solutions “In 1947, Kashmir was a princely state, whose ruler was entitled to choose for himself between India and Pakistan; The main proposed solution was to create a Radcliffe had no direct responsibility for ceasefire and correct the CFL (or ceasefire the Kashmir question. However, there are line) between both India and Pakistan a number of interesting links between and their correspondent ethnicities. It Kashmir and the Radcliffe award. Those is important to recall that in the Karachi links include the fact that the water feeding Agreements, the parties stated that only the Punjabi irrigation system originates in military matters would be held, and not Kashmiri rivers, as well as allegations that economic or social issues in a deep way. Radcliffe awarded India certain areas of The main goal was to define a border northern Punjab as a strategic corridor that excluded the ongoing problems. The to Kashmir. One of the most intriguing possibility for these issues to be added connections between the Radcliffe award in an eventual new model of the Karachi and the Kashmir problem involves not the Agreements should be considered by the substance of the award but the possibility delegates. that Mountbatten, the last Viceroy of British In conclusion, the objective of the committee India, who delayed the announcement of is to recreate the negotiation process of the the Radcliffe award until two days after Karachi Agreements; delegations will have independence, may have done so in an to decide on whether any agreement will effort to coerce the Maharajah of Kashmir be achieved, taking into consideration the into acceding to India rather than Pakistan. background of whom they represent, the The truth of these allegations remains explanations provided in this guide, and uncertain; what is clear is that the political their additional investigation. successes that the Radcliffe Commission enabled have been less lasting than its failures” (Chester, 2002, n.p.).

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Timeline of events to cease-fire. November 27,1948-December31,1948:Movesup Easy November 1,1948-26,1948:Operation Erase Gulaband May 19,1948-Aug14,1948:Operations springoffensiveMay 1,1948-19,1948:Indian toJhanger Counterattack February 7,1948-May1,1948:OpVijay: onNaosheraandUri and attacks ofJhanger November 25,1947-February6,1948:Fall up atPunch link- November 18,1947– 2: Attempted KashmirValleydefense ofthe October 27,1947–November17,1947:Indian invasion October 26,1947:Initial 25 QARMAS

1. Does your delegation accept the accession of the territory of Kashmir to India?

2. What should be done with the minorities? How should they be treated and handled?

3. Is the delegation you represent involved in the conflict?

4. How can the ceasefire be implemented? Research

5. Is it possible to divide the territories of Kashmir and Jammu? suggestions

6. Should economic, political or social matters be considered to be included in the negotiations to Szczepanski, K. (2017). How India and Pakistan Were reach a possible agreement? Created. [online] ThoughtCo. Available at: https:// www.thoughtco.com/what-was-the-partition-of- 7. Should there be any permanent observation force india-195478 [Accessed 15 Dec. 2017]. on the ground in the territory of India, Pakistan, Kashmir and Jammu? Unc.edu. (2002). The 1947 Partition: Drawing the Indo-Pakistani Boundary. [online] Available at: 8. Should humanitarian aid be sent? Under specific http://www.unc.edu/depts/diplomat/archives_ conditions? By whom? roll/2002_01-03/chester_partition/chester_partition. html [Accessed 15 Dec. 2017]. 9. Does the British Empire have any type of responsibility in the conflict? Navlakha, N. (2009). Kashmir: The Clash of Identities. [online] Beyond Intractability. Available at: https:// 10. If a new agreement is achieved, where should a www.beyondintractability.org/casestudy/navlakha- ceasefire line be established and how? kashmir [Accessed 15 Dec. 2017].

26 References Available at:https://web.stanford.edu/class/e297a/ Valley &Proposed Future [PDF] Solutions. Conflict: Kashmir InsurgencyA StudyofWhatLedtothe inKashmir (2017). S. Bhatti, and P. Bakaya, [Accessed 15Dec.2017]. https://peacekeeping.un.org/en/mission/unmogip Available Peacekeeping.[online] Nations at: Peacekeeping.un.org. (n.d.). UNMOGIP |United conflict.html [Accessed15Dec.2017]. co.uk/news/1399992/A-brief-history-of-the-Kashmir- http://www.telegraph. at: Available [online] conflict. Telegraph.co.uk. (2001). A brief history of Kashmir the Dec. 2017]. [Accessed15 india_pakistan/timeline/1947_48.stm co.uk/hi/english/static/in_depth/south_asia/2002/ Available [online] at:http://news.bbc. | Timeline. Pakistan News.bbc.co.uk. (n.d.).BBCNEWS|India 2017]. [Accessed15Dec. line/articleshow/44944002.cms [online] India. india/1949-Karachi-agreement-defined-ceasefire- https://timesofindia.indiatimes.com/ of Times at: - Available line ceasefire defined (2014). 1949Karachi agreement ofIndia. The Times pak_1947.htm [Accessed15Dec.2017]. www.globalsecurity.org/military/world/war/indo- 1947-48. of Globalsecurity.org.[online] Conflict Available at:https:// Indo-Pakistani (n.d.). J. Pike, [Accessed15Dec.2017]. mohammad_ali.shtml www.bbc.co.uk/history/historic_figures/jinnah_ Available Jinnah(1876-1948).[online] Ali at:http:// Bbc.co.uk. (2014). Historic Figures: Mohammad 2017]. Jammu-and-Kashmir#toc214218 [Accessed 15 Dec. Available at:https://www.britannica.com/place/ | Geography, History, &Points of Interest. [online] Britannica. Encyclopedia (2017). Jammu and Kashmir 15 Dec.2017]. [Accessed chester_partition/chester_partition.html unc.edu/depts/diplomat/archives_roll/2002_01-03/ Pakistani Boundary. Available [online] at:http://www. Indo- Drawingthe Unc.edu. (2002).The1947Partition: 15 Dec.2017]. [Accessed com/profiles/c-rajagopalachari-5304.php Available[online] at:https://www.thefamouspeople. YouRajagopalachari? Everything NeedtoKnow. Thefamouspeople.com. (2017).WhoisC. 15 Dec.2017]. [Accessed files/unmogip_magazine_2016_web.pdf at: https://unmogip.unmissions.org/sites/default/ Pakistan MAGAZINE2016.(2016).[ebook]Available ObserverGroup Military United Nations and inIndia [Accessed 15Dec.2017]. IN%20PK_490729_%20Karachi%20Agreement.pdf peacemaker.un.org/sites/peacemaker.un.org/files/ S/AC.12/TC.4. (1949).[PDF]Available at:https:// [Accessed15Dec.2017]. india-195478 www.thoughtco.com/what-was-the-partition-of- Created. ThoughtCo.Available [online] at:https:// andPakistanWereSzczepanski, K.(2017).HowIndia NewDelhi-110002 Husain,Rajesh Publications, Geography ofJammu&KashmirState,byMajid background [Accessed15Dec.2017]. Available at:https://unmogip.unmissions.org/ UNMOGIP. (n.d.).Background UNMOGIP. [online] groups [Accessed15Dec.2017]. http://www.jktourism.org/index.php/cultural/ethnic- Groups.and Kashmir-Ethnic Available [online] at: Jktourism.org. (n.d.).DepartmentofTourism, Jammu Kashmir%20Valley.pdf [Accessed 15 Dec.2017]. What%20Led%20to%20the%20Insurgency%20in%20 Kashmir%20Conflict%20-%20A%20Study%20of%20 MONUA 2018

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