Shah Mehmood Qureshi & DG ISPR Press Conference On Kashmir

[Siasi Jasoos]

 

[muhammadadeel]

قریشی اپنی زبان بند کرے تو کوئی دوسرا تھوڑی بہت کام کی بات بھی بتا سکے۔ ایک ہی بات کو لٹکا لٹکا کر انسان کو بیزار کر دو۔​

 

[Realistic Change]

SIMLA AGREEMENT

Agreement on Bilateral Relations Between The Government of India and The Government of Pakistan

• The Government of India and the Government of Pakistan are resolved that the two countries put an end to the conflict and confrontation that have hitherto marred their relations and work for the promotion of a friendly and harmonious relationship and the establishment of durable peace in the sub-continent, so that both countries may henceforth devote their resources and energies to the pressing talk of advancing the welfare of their peoples.
  
  In order to achieve this objective, the Government of India and the Government of Pakistan have agreed as follows:-
  • That the principles and purposes of the Charter of the United Nations shall govern the relations between the two countries;
  • That the two countries are resolved to settle their differences by peaceful means through bilateral negotiations or by any other peaceful means mutually agreed upon between them. Pending the final settlement of any of the problems between the two countries, neither side shall unilaterally alter the situation and both shall prevent the organization, assistance or encouragement of any acts detrimental to the maintenance of peaceful and harmonious relations;
  • That the pre-requisite for reconciliation, good neighbourliness and durable peace between them is a commitment by both the countries to peaceful co-existence, respect for each other’s territorial integrity and sovereignty and non-interference in each other’s internal affairs, on the basis of equality and mutual benefit;
  • That the basic issues and causes of conflict which have bedevilled the relations between the two countries for the last 25 years shall be resolved by peaceful means;
  • That they shall always respect each other’s national unity, territorial integrity, political independence and sovereign equality;
  • That in accordance with the Charter of the United Nations they will refrain from the threat or use of force against the territorial integrity or political independence of each other.
• Both Governments will take all steps within their power to prevent hostile propaganda directed against each other. Both countries will encourage the dissemination of such information as would promote the development of friendly relations between them.
• In order progressively to restore and normalize relations between the two countries step by step, it was agreed that;
  • Steps shall be taken to resume communications, postal, telegraphic, sea, land including border posts, and air links including overflights.
  • Appropriate steps shall be taken to promote travel facilities for the nationals of the other country.
  • Trade and co-operation in economic and other agreed fields will be resumed as far as possible.
  • Exchange in the fields of science and culture will be promoted.
• In this connection delegations from the two countires will meet from time to time to work out the necessary details.
• In order to initiate the process of the establishment of durable peace, both the Governments agree that:
  • Indian and Pakistani forces shall be withdrawn to their side of the international border.
  • In Jammu and Kashmir, the line of control resulting from the cease-fire of December 17, 1971 shall be respected by both sides without prejudice to the recognized position of either side. Neither side shall seek to alter it unilaterally, irrespective of mutual differences and legal interpretations. Both sides further undertake to refrain from the threat or the use of force in violation of this Line.
  • The withdrawals shall commence upon entry into force of this Agreement and shall be completed within a period of 30 days thereof.
• This Agreement will be subject to ratification by both countries in accordance with their respective constitutional procedures, and will come into force with effect from the date on which the Instruments of Ratification are exchanged.
• Both Governments agree that their respective Heads will meet again at a mutually convenient time in the future and that, in the meanwhile, the representatives of the two sides will meet to discuss further the modalities and arrangements for the establishment of durable peace and normalization of relations, including the questions of repatriation of prisoners of war and civilian internees, a final settlement of Jammu and Kashmir and the resumption of diplomatic relations.

Sd/-
(Indira Gandhi)
Prime Minister
Republic of India
Sd/-
(Zulfikar Ali Bhutto)
President
Islamic Republic of Pakistan


----------------------------------------

Simla Agreement decoded: by Mehboob Makhdoomi, A Kashmiri from Srinagar.

This question has multiple refutations which breaks such a fallacy to smithereens. Indians- its Politicians, Media & Intelligentsia, ostensibly speak on Kashmir without doing their home-work. They’re used to receive applauses for empty rhetoric when it comes to Kashmir. I would want them to open the website of their own Ministry of External Affairs & read the text of Simla Agreement (Web Link: Simla Agreement July 2, 1972 ). The first clause of the objective no. 1 reads as follows: “that the principles & purposes of the charter of United Nations shall govern the relations between the two countries.’’ So it begins by honoring the UN Charter without any exception. So, Simla reinforces the role of United Nations in the context of Pakistan & India, with Kashmir being no exception. The 2nd Clause, which India extrapolates, thus restricting Kashmir to bilateralism, indeed talks about solving issues bilaterally, but the sentence doesn’t end before it leaves the window open for other ways, by adding “or any other means’’. The Clause is as follows: “That the two countries are resolved to settle their differences by peaceful means through bilateral negotiations or by any other peaceful means, mutually agreed upon between them.’’ Now, we know that Simla agreement neither excludes the UNSC resolutions on Kashmir, nor does it limit Kashmir to bilateralism.

Well, this was one dimension to disprove the Indian claim about Simla agreement. Another angle to discredit the theory is more important, especially for those who know International Law. It runs counter to a standing principle of international relations which is set out in Article 103 of the Charter of the United Nations (accepted by every Member of the United Nations, including India & Pakistan). The Article says: "In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail". So, no agreement- unilateral, bilateral or multilateral, about the issue for which resolutions have been passed by the UN, can supersede the UN resolutions. So, even if Simla agreement were to mean what India says, which by the way is not true either, it has no legal standing in front of the United Nations Security Council Resolutions. Now, to prove my interpretation of India’s misinterpretation of the said agreement overpowering that of the UNO,right, I looked it up on the United Nations website. The website has published an interview of Major General Young Bum-Choi, who was the Head of Mission & Chief Military Observer of the United Nations Group in India & Pakistan (UNMOGIP), in 2013. He said & I quote ‘’ The Shimla agreement does not supersede the UNMOGIP mission here until any other UN resolution terminating the mission is issued’’. (Web Link: http://www.unic.org.in/display.p... ). In fact, if the two countries ever resolve Kashmir on their own, they have to jointly approach the UN, and then if other member countries agree, a new UN resolution will have to be passed, to over-power the previous ones. Till then, nothing at all can impact the sanctity of the Security Council resolutions.

India’s insistence of Simla also shows their insecurity with the idea of UN resolutions. Had India not been the one to block its implementation & had Pakistan really been on a wrong side as per the UN, as is claimed by India & answered previously in this FAQ series, India wouldn’t have shied away from the UN by falsely claiming that Simla has superseded it, which is a travesty of law & of the Simla agreement as well.

Even if, any Kashmiri is not aware of these legalities, he could simply argue that he was not a party to Simla agreement and that his right to self-determination, guaranteed by the United Nations can not be done away with non-Kashmiris, be that Pakistan or India. Therefore, it’s not a binding on us.

As a last resort, if Simla were really to be a bilateral compulsion, even then India violates it by calling Kashmir its Internal issue. When you tell them UNSC, they say international dimension is old and Simla’s bilateralism is new. When you talk of Simla’s bilateralism, they say it’s our internal issue, and that J&K is same as UP & MP. This shows political dishonesty of India vis a vis Kashmir and proves that it’s wrong & self-contradictory on every single argument. Neither can they win legally nor have they won morally, all they have done is to have a part of J&K militarily.

 

[muhammadadeel]

جی ہاں یہ ہی تو بھٹو کی اصل کامیابی تھی پاکستان کو توڑنے کے بعد۔ یوں نہیں اس ایرانی نسل کے لوگوں نے پاکستان کے ساتھ غرداری کی۔ وہ اپنے مذہبی رہنما کے انتظار میں ایران کے سامنے کسی دوسرے طاقتور مسلمان ملک کو برداشت نہیں کر سکتے۔

وجہ مکہ کو فتح کرتے وقت ان کو مسائل کا سامنا کرنا پڑ سکتا ہے۔​

 

[Nice2MU]

1st. No bilateral agreement between two countries can set aside UNSC unanimously passed resolutions. To do this UNSC has to pass another resolutions to set aside the pass resolutions.

2nd. By reading few points of this agreement shows that this agreement has already been broken and violated.

3rd. We are again in 1948 situation.

 

[Amin Khan 1]

 

[PIND-WALA]

Why DG ISPR is sitting with FM. He should be with interior minister.

 

[Realistic Change]

1st. No bilateral agreement between two countries can set aside UNSC unanimously passed resolutions. To do this UNSC has to pass another resolutions to set aside the pass resolutions.

2nd. By reading few points of this agreement shows that this agreement has already been broken and violated.

3rd. We are again in 1948 situation.

Exactly - so this narrative of Syed Akbaruddin to paint the picture that latest agreement (which was Simla) supersedes UN Resolutions is an embarrassment for a career diplomat when his and Indian Government's this stance is shredded to pieces:

The first clause of the objective no. 1 reads as follows: “that the principles & purposes of the charter of United Nations shall govern the relations between the two countries.’’ So it begins by honoring the UN Charter without any exception. So, Simla reinforces the role of United Nations in the context of Pakistan & India, with Kashmir being no exception.

The 2nd Clause, which India extrapolates, thus restricting Kashmir to bilateralism, indeed talks about solving issues bilaterally, but the sentence doesn’t end before it leaves the window open for other ways, by adding “or any other means’’. The Clause is as follows: “That the two countries are resolved to settle their differences by peaceful means through bilateral negotiations or by any other peaceful means, mutually agreed upon between them.’’ Now, we know that Simla agreement neither excludes the UNSC resolutions on Kashmir, nor does it limit Kashmir to bilateralism.

-----------

This narrative based on lies by India has to be debunked holistically and forcefully as they are trying to create this narrative from an extremely weak foundation.

 

[back to the future]

committee was formed to watch observe discuss and give valuable suggestions on legal and political matters
what politicians they have started presiding the meeting for self projections and the very purpose of valuable input has died down

 

[Nice2MU]

Exactly - so this narrative of Syed Akbaruddin to paint the picture that latest agreement (which was Simla) supersedes UN Resolutions is an embarrassment for a career diplomat when his and Indian Government's this stance is shredded to pieces:

The first clause of the objective no. 1 reads as follows: “that the principles & purposes of the charter of United Nations shall govern the relations between the two countries.’’ So it begins by honoring the UN Charter without any exception. So, Simla reinforces the role of United Nations in the context of Pakistan & India, with Kashmir being no exception.

The 2nd Clause, which India extrapolates, thus restricting Kashmir to bilateralism, indeed talks about solving issues bilaterally, but the sentence doesn’t end before it leaves the window open for other ways, by adding “or any other means’’. The Clause is as follows: “That the two countries are resolved to settle their differences by peaceful means through bilateral negotiations or by any other peaceful means, mutually agreed upon between them.’’ Now, we know that Simla agreement neither excludes the UNSC resolutions on Kashmir, nor does it limit Kashmir to bilateralism.

-----------

This narrative based on lies by India has to be debunked holistically and forcefully as they are trying to create this narrative from an extremely weak foundation.

This is the propaganda of India only. I am sure that all those countries including Russia who imphasis on Simla agreement, had not read this agreement.

 

[akhter]

INN JOURNALISTS KO KIA PATA NATIONAL INTEREST KA YEH SARAY LIFAFFA ZADAY HAIN.

 

[Twister]

ماشااللہ چھا گئے ہیں​

 

[stargazer]

Who is this goofy asking about criteria of success for Pakistan?
Our journalist are really poorly trained most of them.

 

[stargazer]

Commendable replies by both FM and DG ISPR.

 

[hawkinthesky111]

Why DG ISPR is sitting with FM. He should be with interior minister.

tairi gaand main kiun tkleef ho rehi hai

 

[hawkinthesky111]

قریشی اپنی زبان بند کرے تو کوئی دوسرا تھوڑی بہت کام کی بات بھی بتا سکے۔ ایک ہی بات کو لٹکا لٹکا کر انسان کو بیزار کر دو۔​

bas ker day.... aab berdaaasht juwaab say chuki hai…. tumhain her baat main keray kat tay hain :)