FICMUN IV | Study Guide - SPECPOL

INTRODUCTION TO THE KASHMIR ISSUE:

The conflict in Kashmir is rooted in the painful birth of India and Pakistan. Britain relinquished its
control of the Indian subcontinent in 1947, splitting it into a predominantly Hindu India and a
Muslim Pakistan. Kashmir was free to accede to either nation. According to the United Nations, "its
accession to India became a matter of dispute between the two countries and fighting broke out
later that year."

India, Pakistan and China all claim partial or complete ownership of Kashmir. India-controlled one
state: which is Jammu and Kashmir that makes up the southern and eastern portions of the region,
totaling about 45% of Kashmir. Pakistan-controlled three areas: Azad Kashmir, Gilgit and Baltistan
make up the northern and western portions of the region, totaling about 35% of Kashmir. China-
controlled one area which is Aksai Chin in the northeastern part of the region, equaling 20% of
Kashmir. India also alleges Pakistan has ceded 3,220 square miles in Kashmir to China. The Line of
Control divided the Indian- and Pakistani-controlled parts of Kashmir in 435 miles (700 km) long.

BACKGROUND OF THE ISSUE:

The Kashmir dispute has been an intractable one between Pakistan & India. They fought three wars
over it during 1948, 1965, and 1999, but have not been able to resolve it. The partition left the fate
of over 550 princely states undecided. They were required to accede to either of the two states on
the basis of the geographical location and wishes of their people. The state of Jammu and Kashmir
should have acceded to Pakistan because of its Muslim majority population and geographical
location, but this did not happen, when Maharaja Hari Singh seek military assistance from India to
resist the Pakistani tribal attacks and ultimately he signed the ‘Instrument of Accession’ with India.
Eventually, Indian forces intervened and captured the state of Jammu and Kashmir. From that day
on Kashmir dispute became the core issue between Pakistan and India, which also had kept the
security of entire South Asia at stake because of their extensive nuclear capability.
The United Nations Security Council had tried to resolve the dispute by declaring that the accession
of Jammu and Kashmir to India or Pakistan should be decided through the democratic method by
holding a free and fair plebiscite but India has rejected any mediation which opposed its claim
regarding Kashmir. Kashmir’s strategic importance lies in the fact that its borders with China and
Afghanistan and also close to Russia. Almost all the rivers which flow through Pakistan, originate
from Kashmir, that’s why both the countries ignore stepping back claiming of this territory.

The failure of diplomacy to resolve the Kashmir issue attracted international and regional attention
to it. After the wars of 1948, 1962 and 1965, determined efforts were made to resolve this issue. In
1948, the United Nations became deeply involved but India didn’t show flexibility. After the India-
China border War of 1962, there were intense but fruitless American and British efforts to bridge
the gap between India and Pakistan. The end of 1965 war witnessed the Soviet Union as a regional

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peacemaker. The Soviets did manage to promote a peace treaty at Tashkent, but this could not
establish peace in the region and soon Indian involvement in East Pakistan led to its separation in
1970-71.
The normal relations between India and Pakistan on Kashmir would bring benefits to the United
States. Indo-Pak tensions are especially dangerous because they bring two nuclear states on the
brink of war. They divert Pakistan from fighting terrorists and militants on their own soils. India and
Pakistan need to engage in combined bilateral talks on all important issues. Continuing tensions
over Kashmir will weaken any initiative to bring stability to South Asia as well as bring about the
risk of a nuclear war. It will be quite right by assuming that Kashmir is the root cause of much of the
militancy in South Asia.

UN Resolutions:
The United Nations has played an important role in maintaining peace and order in Jammu and
Kashmir soon after the independence of India and Pakistan in 1947, when a dispute erupted
between the two States on the question of Jammu and Kashmir. India took this matter to the UN
Security Council, which passed resolution 39 (1948) and established the United Nations
Commission for India and Pakistan (UNCIP) to investigate the issues and mediate between the two
countries. Following the cease-fire of hostilities, it also established the United Nations Military
Observer Group for India and Pakistan (UNMOGIP) to monitor the cease-fire line.

Timeline:

DATE EVENT

1858 Beginning of British Colonial Rule on the wider region of India

1947 Decolonization of India and creation of the two independent states: Pakistan and India
25th Aug‘47 Maharaja Hari Singh sings Accession Treaty of the Princely State of Kashmir with India
26th Oct’47 Pakistani troops invade the region of Kashmir
Dec’47 - First Indo-Pakistani war
1948
1948-1952 United Nations Security Council adopts resolutions regarding the India-Pakistan Issue
1st Jan’49 Ceasefire agreement is signed by both India and Pakistan
1957 Kashmir officially becomes a part of the Indian Union and is granted semiautonomous
status
1962 Sino-Indo war

1965 Second Indo-Pakistani war

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1999 Violations of ceasefire regulations

2001 Negotiations between India and Pakistan to resolve het issue

2004 Begin of violent demonstrations

2010 Citizen is killed during a demonstration and violent protests are sparked

2013 Violent uprising resulting in the death of eight people and discussions between the two
governments to reach an agreement
2014 Relations and negotiations suspended with war threats from both sides, Indian and
Pakistani
2015 March - India's ruling BJP party is sworn into government in Indian-administered Kashmir
for the first time in coalition with local People's Democratic Party, with the latter's Mufti
Mohammad Sayeed as chief minister.
2015 November - One person dies in violent protests following a visit to Indian-administered
Kashmir by Prime Minister Narendra Modi.

2016 Authorities impose an indefinite curfew in most parts of Indian-administered Kashmir after
the killing of popular militant by security forces of Burhan Wani, a popular militant and top
commander of the Hizbul Mujahideen group, sparks violent protests.

2016 India and Pakistan exchange a war of words after 18 Indian soldiers are killed in a raid by
gunmen on an army base in Indian-administered Kashmir.

2017 Thousands defy a curfew across Indian-administered Kashmir to attend the funeral of top
rebel commander Sabzar Ahmad Bhat.
2017 Violent clashes take place in Indian-administered Kashmir on the anniversary of the death
of militant commander Burhan Wani.
5th Aug’19 Indian government strips Jammu and Kashmir state of the special status that gave it
significant autonomy.

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Resolutions:

The UNSC has passed 18 resolutions on the Kashmir issue. The full list can be found here. The
below are important summaries of the ones which had a substantive impact on the issue. These
are all the descriptions as shared on Wikipedia.

1. United Nations Security Council Resolution 39, adopted on January 20, 1948, offered to assist in
the peaceful resolution of the Kashmir Conflict by setting up a commission of three members;
one to be chosen by India, one to be chosen by Pakistan and the third to be chosen by the other
two members of the commission. The commission was to write a joint letter advising the
Security Council on what course of action would be best to help further peace in the region.

2. United Nations Security Council Resolution 80, adopted on March 14, 1950, called for (1)
simultaneous and progressive demilitarization by both India and Pakistan to the point where
the remaining force would "not cause fear at any point of time to the people on either side of
cease-fire line."(2) The northern areas to be administered by local authorities, subjected to UN
supervision (3) The Council to appoint a United Nations Representative to assist in the
preparations and implementation of the demilitarization program, to advise the Governments
of India and Pakistan as well as those of the Council, to exercise all of the power and
responsibilities of the United Nations Commission for India and Pakistan, to arrange for the
Plebiscite Administrator to assume all the functions assigned to him at the appropriate stage of
demilitarization and to report to the Council as he saw necessary.

3. United Nations Security Council Resolution 96, adopted on November 10, 1951, having received
a report by Mr. Frank Graham, the United Nations representative for India and Pakistan. The
Council noted with gratification the declaration by both India and Pakistan that they would
work for a peaceful settlement, continue to observe a cease-fire and accepted the principle that
the accession of the State of Jammu and Kashmir should be determined by a free and impartial
plebiscite under the auspices of the United Nations. The Council then instructed the UN
Representative to continue in his efforts to obtain agreement of the parties on a plan for
effecting the demilitarization of the State of Jammu and Kashmir and to report back on his
efforts together with his view concerning the problems confided to him within six weeks.

4. United Nations Security Council Resolution 126 was adopted on 2 December 1957. It was the
last of three resolutions passed during 1957 to deal with the dispute between the governments
of India and Pakistan over the territories of Jammu and Kashmir. It requests that the
governments of India and Pakistan refrain from aggravating the situation and instructs the
United Nations Representative for India and Pakistan to visit the subcontinent and report to the
council with recommended action toward further progress. The resolution was passed by ten
votes to one, with the Soviet Union abstaining.

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Questions a Resolution Must Answer:

1. Why the actions outlined by the previous resolutions failed to be implemented?

2. What can be done to immediately de-escalate the tensions in the region?
3. How can the international community lend it’s support behind the previous
resolutions?
4. What can be done regarding the immediate restoration of the Status Quo post Indian
Abrogation of Kashmir’s special autonomy?

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