UN Kashmir Resolutions

[contra]

Source: http://www.un.org/documents/sc/res/1948/scres48.htm
--------------------------------------------------------------------------------------------------------------
1. The United Nations passed the following resolutions regarding Kashmir:
a) Resolution 38
b) Resolution 39
c) Resolution 47
d) Resolution 51
Out of these Resolution 47 calls for a Plebiscite in Jammu & Kashmir.

2. The following is an attempt to inform the members of the terms and conditions under which the said Plebiscite was supposed to be held and also to make it clear that India did not violate this UN resolution.

3. In 1947-48 Pakistan Army strength was negligible and hence Mr. Jinnah requested the tribals of Pakistan occupied Afghanistan (FATA) to invade Kashmir.:mad:

4. The following is an important condition that had to be met before any plebiscite could take place:

A. Restoration of Peace and order
1. The Government of Pakistan should undertake to use its best endeavours:
a) 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 ofor the purpose of fighting, and to prevent any intrusion into the State of such elements and any furnishing of material aid to those fighting in the State; ...

2. The Government of India should:
a) When it is established to the satisfaction of the Commission set up in accordance with the Councils Resolution 39(1948) that the tribesmen are withdrawing and that arrangements for the cessation of the fighting have become effective, put into operation in consultation with the commission a plan for the withdrawing their own forces from Jammu and Kashmir and reducing them progressively to the minimum strength required for the support of the civil power in the maintenance of law and order...

Please observe above that this refers to the whole state, not just the area that was under Indian control.
------------------------------------------------------------------------------------------------------------

Friends, brothers,
1. I have heard on several occasions people like Gen Hamid Gul and Zaid "H" Hamid say that India violated the UN resolutions.

2. This is an outright lie and nothing could be further from the truth. Please remember we Indians are your brothers.
Those who think that they are Turks or Persians or Arabs should immigrate to the respective countries and leave us South Asians alone.

Peace.

 

[sarbakaf]

dear but stupid contra

why do you not copy and paste un resolution regarding right of people of a territory to demand their right of freedom

and any struggle carried to support their freedom movement is their legal right....

now ........
do not push kashmiris....

even today two more coward indina soldiers are sent to hell by brave mujahids in baramula, kashmir....

now we kashmiris do not want un resolution, bandook faisla karay gee and you know kay tumhary foji aapni bandook be humain baich daitay hain....lol

 

[IndiaGuy]

Great Work Contra.Thanks for your continuous support and research regarding this issue.

 

[babadeena]

@ Contra and other fellows,

It is really heartening that Indians interlocutors have selected to discuss UN Resolutions on Kashmir, "BETTER LATE THAN NEVER". Congratulations. This is the right way and the only way to solution this long outstanding dispute or fratricidal conflict. So Dear Contra, what are your basic objections about Pakistan, please no pick n choose we have to take the resolutions in their totality and in fairness. I hope you will agree. I just give you below two passages:

4. Urges the Governments of India and Pakistan to enter into immediate negotiations under the auspices of the United Nations Representative for India and Pakistan in order to reach agreement on the specific number of forces to remain on each side of the cease-fire line at the end of the period of demilitarization, this number to be between 3,000 and 6,000 armed forces remaining on the Pakistan side of the cease-fire line and between 12,000 and 18,000 armed forces remaining on the India side of the cease-fire line, as suggested by the United Nations Representative in his proposals of 16 July 1952, such specific numbers to be arrived at bearing in mind the principles or criteria contained in paragraph 7 of the United Nations Representative's proposal of 4 September 1952;

Having heard statements from representatives of the Governments of India and Pakistan concerning the dispute over the State of Jammu and Kashmir,

Reminding the Governments and authorities concerned of the principle embodied in its resolutions 47 (1948) of 21 April 1948, 51 (1948) of 3 June, 1948, 80 (1950) of 14 March 1950 and 91 (1951) of 30 March 1951, and the United Nations Commission for India and Pakistan resolutions of 13 August 1948 and 5 January 1949, that the final disposition of the State of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations,

1. Reaffirms the affirmation in its resolution 91 (1951) and declares that the convening of a Constituent Assembly as recommended by the General Council of the "All Jammu and Kashmir National Conference" and any action that Assembly may have taken or might attempt to take to determine the future shape and affiliation of the entire State or any part thereof, or action by the parties concerned in support of any such action by the Assembly, would not constitute a disposition of the State in accordance with the above principle;

Decides to continue its consideration of the dispute.



I can give you link at your request. But choice is yours, Now Do you agree or not? I reserve the right to quote Neru's statements subsequently. Once again my hat-off to your courageous way of coming forward to discuss the United Nations Resolutions, albeit, "Selectively", but no problem. We shall discuss them in their totality. Open choice to you and all Indians.

 

[contra]

babadeena bhai,
1. Don't wait for people to ask for the source, provide it on your own.

2. Anyway you are referring to resolutions passed in 1951, and these resolutions take into account the ground realities, and are therefore somewhat different than those passed in 1948.

3. Ajmal "Animal" Kassab is a Punjabi, not a Kashmiri. Many Punjabis have been killed in Kashmir. Many non Kashmiris have settled in your part of Kashmir.
Ground situation has changed completely from 1948 or 1951.

4. Buddy, asking for separation because the majority population worships a different deity is passe.

5. I think the best solution is to declare Pakistan a secular state, and have open borders in Kashmir.

 

[babadeena]

Dear Contra,
1. I did not give links because you already have and I do not think anyone else on Board is interested
to discuss this.

2. Then it was not fair to just quote the resolutions of 1948. "Ground Realities" definitely changed and will
continue to change but it does not mean that the substance of the dispute is changing or the resolutions are
becoming irrelevant. We should take into account the last resolution of SC on Kashmir and carry it forward.
It is fact that India backed off from these resolutions and this is also a well known fact that if a plebiscite is
held partially under UN auspices, the result will be obvious.

3. I do not wish to say anything on "Ajmal" that is not relevant on the topic. From whole of Pakistan
and whole of India people are free in Kashmir to do the things according to their own way.

4. It is not question of "separation", it is undeniable matter of "Internationally recognized dispute" on
UN Agenda.

5. Your proposed "best solution" is a diplomatic way of saying to amalgamate pakistan with India
and that is not possible. Declaring Pakistan a "secular" state will tantamount to betray the very basis
of its creation and also an indication of betrayal of faith of its inhabitants. The only viable solution is that
both India and pakistan should put their hands off from Kashmir, hand it over to UN control, let the people
may decide. Apart from this there will be no solution but further complications and loss of time, human lives,
resources and bleak future for BOTH COUNTRIES.

 

[desicad]

We are discussing UN resolution which is a futile exercise. The fact is that UN has no role to play in this dispute after the change in the ground realities in 1971 and the 1972 Shimla agreement.

SIMLA AGREEMENT

Simla Agreement on Bilateral Relations between India and Pakistan signed by Prime Minister Indira Gandhi, and President of Pakistan, Z. A. Bhutto, in Simla on July 3, 1972.

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 subcontinent so that both countries may henceforth devote their resources and energies to the pressing task of advancing the welfare of their people.

In order to achieve this objective, the Government of India and the Government of Pakistan have agreed as follows:

(i) That the principles and purposes of the Charter of the United Nations shall govern the relations between the two countries.

(ii) 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 organisation, assistance or encouragement of any acts detrimental to the maintenance of peace and harmonious relations.

(iii) That the prerequisite for reconciliation, good neighbourliness and durable peace between them is a commitment by both the countries to peaceful coexistence respect for each other's territorial integrity and sovereignty and noninterference in each other's internal affairs, on the basis of equality and mutual benefit.

(iv) That the basic issues and causes of conflict which have bedeviled the relations between the two countries for the last 25 years shall be resolved by peaceful means.

(v) That they shall always respect each other's national unity, territorial integrity, political independence and sovereign equality.

(vi) 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 normalise relations between the two countries step by step, it was agreed that:

(i) Steps shall be taken to resume communications, postal, telegraphic, sea, land, including border posts, and air links, including over flights.

(ii) Appropriate steps shall be taken to promote travel facilities for the nationals of the other country.

(iii) Trade and cooperation in economic and other agreed fields will be resumed as far as possible.

(iv) Exchange in the fields of science and culture will be promoted.

In this connection delegations from the two countries 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:

(i) Indian and Pakistani forces shall be withdrawn to their side of the international border.

(ii) In Jammu and Kashmir, the line of control resulting from the ceasefire of December 17, 1971, shall be respected by both sides without prejudice to the recognised 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.

(iii) 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 normalisation 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.

 

[gazoomartian]

@ Contra and other fellows,

It is really heartening that Indians interlocutors have selected to discuss UN Resolutions on Kashmir, "BETTER LATE THAN NEVER". Congratulations. This is the right way and the only way to solution this long outstanding dispute or fratricidal conflict. So Dear Contra, what are your basic objections about Pakistan, please no pick n choose we have to take the resolutions in their totality and in fairness. I hope you will agree. I just give you below two passages:

4. Urges the Governments of India and Pakistan to enter into immediate negotiations under the auspices of the United Nations Representative for India and Pakistan in order to reach agreement on the specific number of forces to remain on each side of the cease-fire line at the end of the period of demilitarization, this number to be between 3,000 and 6,000 armed forces remaining on the Pakistan side of the cease-fire line and between 12,000 and 18,000 armed forces remaining on the India side of the cease-fire line, as suggested by the United Nations Representative in his proposals of 16 July 1952, such specific numbers to be arrived at bearing in mind the principles or criteria contained in paragraph 7 of the United Nations Representative's proposal of 4 September 1952;

Having heard statements from representatives of the Governments of India and Pakistan concerning the dispute over the State of Jammu and Kashmir,

Reminding the Governments and authorities concerned of the principle embodied in its resolutions 47 (1948) of 21 April 1948, 51 (1948) of 3 June, 1948, 80 (1950) of 14 March 1950 and 91 (1951) of 30 March 1951, and the United Nations Commission for India and Pakistan resolutions of 13 August 1948 and 5 January 1949, that the final disposition of the State of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations,

1. Reaffirms the affirmation in its resolution 91 (1951) and declares that the convening of a Constituent Assembly as recommended by the General Council of the "All Jammu and Kashmir National Conference" and any action that Assembly may have taken or might attempt to take to determine the future shape and affiliation of the entire State or any part thereof, or action by the parties concerned in support of any such action by the Assembly, would not constitute a disposition of the State in accordance with the above principle;

Decides to continue its consideration of the dispute.



I can give you link at your request. But choice is yours, Now Do you agree or not? I reserve the right to quote Neru's statements subsequently. Once again my hat-off to your courageous way of coming forward to discuss the United Nations Resolutions, albeit, "Selectively", but no problem. We shall discuss them in their totality. Open choice to you and all Indians.

just be careful and be vigilant. Any country of thing that UN is involved in, specially affairs Muslims, is always a looser. How many resolutions have been passed relating to Palestine, you can easily count the number of implemented resolutions.

The only thing that secure the terrorized part of Kashmir is a strong Pakistan, removing the Us influence, improve our economy, political system, get rid of the chor and daku hukmraans. That the only way Pakistan could stand up and look eye to eye with India and see them smarten up.

یاد رکھو
​

تمھیں تمہارا حق کوئی بھی نہیں دیگا - اپنا حق چھیننا پڑتا ہے مانگنا نہیں