Monday, August 25, 2008

UN Resolution of 1948

There has been a lot of talk about the right to self determination and plebiscite as decided by the UN. I would like to skim through some essential points to highlight how the involvement of both India and Pakistan are important for holding a referendum and why it failed in the first place.

Lots of Pro Azadi and Pro Pakistan Kashmiri Muslims have been alleging that India is solely responsible for the failure of the plebiscite not taking place.

Well following are some points which need to be understood.
There is a misunderstanding that the resolution contained only a plebiscite. The resolution contains three steps in sequence.

a)Cease Fire(was implemented and the result is present day LOC)

b)Truce agreement(produced BELOW)


Often the plebiscite is quoted by Pakistani authorities without the mention of truce agreement.The logical step should be implement Cease fire—Truce agreement—and then Plebiscite for Kashmiris to determine their fate.

The Resolution of the U.N. Security Council of August 13, 1948 to which Pakistan was a party but observed it only in its breach reads:

Part 1 was the Cease fire agreement which resulted in LOC.

Part 2 was truce agreement which was not respected by Pakistan

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 n their representatives and the Commission .
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.

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notified the Government of India that the tribesmen and Pakistani nationals referred to in Part II, A, 2 hereof have withdrawn, thereby terminating the situation which was represented by the Government of India to the Security Council as having occasioned the presence of Indian forces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 to make 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 the two Governments and the Commission, will be made public.
Government of India and the Government of Pakistan reaffirm their wish that the future status of the State of Jammu and Kashmir shall be determined in accordance with the will of the people and to that end, upon acceptance of the truce agreement, both Governments agree to enter into consultations with the Commission to determine fair and equitable conditions whereby such free expression will be assured.

Since there have been Pro Pakistan slogans in the valley , I questions the logic behind this love for Pakistan. After reading the UN Resolution, anybody would find it difficult to justify the school of thought which touts that Pakistan is invested in the interests and welfare of the people of Kashmir.

In my opinion the azadi movement glaringly lacks true and honest leadership. Geelani is unquestionably on Pakistan's payroll and has made it clear that he defines an Azad Kashmir as a Kasmir which is part of Pakistan. There are many in the valley who clearly do not want this and are being mislead by this kind of leadership. Some Kashmiri Muslims claimed that the chant 'jeevay,jeevay Pakistan' to incite the CRPF, the Army etc.They fail to see that the Pro Pakistani leadership wants them to do so because they want to provoke the armed forces, pray for casualties will follow, consequently adding more fuel to the fire.

The true azadi seekers, need to , reflect,re think , re strategize and realize they are being taken for a ride.

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