KASHMIR ISSUE IN A NUTSHELL

The current agitation in Indian-Held Kashmir is rooted in the struggle of the people for the exercise of the right of self-determination. Peaceful processions chanting demands for freedom were fired upon by Indian Army and Police. Hundreds of men, women and children have been killed or wounded. New Delhi's allegations of assistance to the Kashmiri people from the Pakistan side are unfounded. Objective reports in foreign media testify that the Kashmiri agitation is indigenous. Pakistan upholds the right of the people of Jammu and Kashmir to self-determination in accordance with the resolutions of the United Nations Security Council. These resolutions of 1948 and 1949 provide for the holding of a free and impartial plebiscite for the determination of the future of the State by the people of Jammu and Kashmir. The basic points about the UN resolutions are that : (i) the complaint relating to Kashmir was initiated by India in the Security Council ; (ii) the Council explicitly and by implication, rejected India's claim that Kashmir is legally Indian territory; (iii) the resolutions established self-determination as the governing principle for the settlement of the Kashmir dispute. This is the world body's commitment to the people of Kashmir ; (iv) the resolutions endorsed a binding agreement between India and Pakistan reached through the mediation of UNCIP, that a plebiscite would be held, under agreed and specified conditions. The Security Council has rejected the Indian contention that the people of Kashmir have exercised their right of self-determination by participating in the "elections" which India has from time to time organised in the Held Kashmir. The 0.2% turn out during the 1989 "elections" was the most recent clear repudiation of the Indian claim. Pakistan continues to adhere to the UN resolutions. These are binding also on India. The Simla Agreement of 2 July 1972, to which Pakistan also continues to adhere, did not alter the status of Jammu and Kashmir as a disputed territory: Para 6 of the Agreement lists "a final settlement of Jammu and Kashmir" as one of the outstanding questions awaiting a settlement. Para 4 (ii) talks of a "Line of Control" as distinguished from an international border. Furthermore, it explicitly protects "the recognised position of either side," The recognised position of Pakistan is the one which is recognised by the United Nations and the World Community in general. Article I (iv) obviously refers to the Kashmir issue when it talks of "the basic issues and causes of conflict which have bedevilled the relations between the two countries for the last 25 years. The Simla Agreement does not preclude raising of Kashmir issue at the United Nations: Para I (I) specifically provides that the UN Charter "shall govern" relations between the parties. Para I (ii) providing for settlement of differences by peaceful means, does not exclude resort to the means of pacific settlement of disputes and differences provided in the UN Charter. The UN Security Council remains seized of the Kashmir issue which ermines onf the Council's agenda. Articles 34 and 35 of the UN Charter specifically empower the Security Council to investigate any dispute independently or at the request of a member State. These provisions cannot be made subservient to any bilateral agreement. According to Article 103 of the UN Charter, member States obligations under the Charter take precedence over obligations under a bilateral agreement. Presence of United Nations Military Observers Group in India and Pakistan (UNMOGIP) at the Line of Control in Kashmir is a clear evidence off UN's involvement in the Kashmir issue. Jammu and Kashmir is a disputed territory. It dies not involve the principle of respect for the unity and territorial integrity of states, to which Pakistan adheres. Attempts to forcibley suppress the legitimate demands of the people of Jammu and Kashmir are doomed to failure. Similarly, threats of use of force will not affect Pakistan's resolve to maintain its position of principle.

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KASHMIR ISSUE IN A NUTSHELL

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