The relevance of the half-century
old UN resolutions to present day Kashmir
This issue of Kashmir Chronicle
brings into focus the UN resolution that is repeatedly cited by Pakistan
as reasons for its unbending attitude towards Kashmir. Pakistan claims
that the resolution was never implemented by India.
However, interested
observers around the globe need to ask Pakistan about its conformance to
this resolution. The UN resolution dated August 13, 1948 asked Pakistan
to withdraw its forces and invading tribesmen from Kashmir. Pakistan never
bothered to implement this and even ceded some of the region under its
occupation to China.
A half a century
later, the resolution is less than meaningless due to non-implementation
by Pakistan, as well as its barely covert support for decades of violence,
insurgency and presence of foreign mercenaries in the state. Text of relevant
portions of the resolution is reproduced below.
UN Security
Council Resolution,
August
13, 1948.
PART II: TRUCE AGREEMENT
Simultaneously with
the acceptance of the proposal for the immediate cessation of hostilities
as outlined in Part I, both Governments accept the following principles
as a basis for the formulation of a truce agreement, the details of which
shall be worked out in discussion between their representatives and the
Commission.
A
1. As the presence
of troops of Pakistan in the territory of the State of Jammu and Kashmir
constitutes a material change in the situation since it was represented
by the Government of Pakistan before the Security Council, the Government
of Pakistan agrees to withdraw its troops from that State.
2. The Government of
Pakistan will use its best endeavour to secure the withdrawal from the
State of Jammu and Kashmir of tribesmen and Pakistani nationals not normally
resident therein who have entered the State for the purpose of fighting.
3. Pending a final
solution, the territory evacuated by the Pakistani troops will be administered
by the local authorities under the surveillance of the Commission.
B
1. When the Commission
shall have notified the Government of India that the tribesmen and Pakistani
nationals referred to in Part II, A, 2 hereof have withdrawn, thereby terminating
the situation which was represented by the Government of India to the Security
Council as having occasioned the presence of Indian forces in the State
of Jammu and Kashmir, and further, that the Pakistani forces are being
withdrawn from the State of Jammu and Kashmir, the Government of India
agrees to begin to withdraw the bulk of its forces from that State in stages
to be agreed upon with the Commission.
2. Pending the acceptance
of the conditions for a final settlement of the situation in the State
of Jammu and Kashmir, the Indian Government will maintain within the lines
existing at the moment of the cease-fire the minimum strength of its forces
which in agreement with the Commission are considered necessary to assist
local authorities in the observance of law and order The Commission will
have observers stationed where it deems necessary.
3. The Government of
India will undertake to ensure that the Government of the State of Jammu
and Kashmir will take all measures within its powers tomake it publicly
known that peace, law and order will be safeguarded and that all human
and political rights will be guaranteed.
4. Upon signature,
the full text of the truce agreement or a communique containing the principles
thereof as agreed upon between thetwo Governments and the Commission, will
be made public. |
