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Kashmir conflictThe Kashmir conflict is a territorial dispute between India and Pakistan over the Kashmir region, thenorthwesternmost region of South Asia.India claims the entire state of Jammu and Kashmir and as of 2010, administers approximately 43% ofthe region, including most of Jammu, theKashmir Valley, Ladakh, and the Siachen Glacier. Indiasclaim is contested by Pakistan, which controls approximately 37% of Kashmir, namelyAzadKashmir and the northern areas of Gilgit and Baltistan. China controls 20% of Kashmir,including Aksai Chin, which it occupied following the brief Sino-Indian War of 1962, and the Trans-Karakoram Tract (also known as the Shaksam Valley), which was ceded by Pakistan in 1963.
India has officially stated that it believes that Kashmir is an integral part of India, though the PrimeMinister of India, Manmohan Singh, stated after the2010 Kashmir Unrest that his government is willing togrant autonomy within the purview of Indian constitution to Kashmir if there is consensus on thisissue. Pakistan says that Kashmir is a disputed territory whose final status must be determined bythe people of Kashmir. China states that Aksai Chin is a part of China and does not recognize theaddition of Aksai Chin to the Kashmir region. Certain Kashmiri independence groups believe thatKashmir should be independent of both India and Pakistan.Geography Bordered by Afghanistan, Pakistan, India, and China Contains about 85,000 square miles of land Mountainous, sparsely populated region Varied climate due to elevation Most populated area is the Vale of Kashmir, on the Indian side Currently, Kashmir is divided into three regions: one controlled by India, one controlled by Pakistan, and a small area controlled by ChinaDemographicsAccording to a 2001 census, Kashmir has about 10 million residents 7.5 million in Indian-controlled territory 2.5 million in Pakistani-controlled territoryThree-quarters of the population are Muslim, and the remaining one-quarter is predominantly HinduEarly history:The name "Kashmir" means "desiccated land. In the Rajatarangini, a history of Kashmir writtenby Kalhana in the mid-12th century, it is stated that the valley of Kashmir was formerly a lake. Accordingto Hindu mythology, the lake was drained by the great rishi or sage, Kashyapa, son of Marichi, sonof Brahma, by cutting the gap in the hills at Baramulla (Varaha-mula).In the 18th century, Kashmir was ruled by the Muslim Pashtun Durrani Empire. In 1819, Kashmir wasconquered by the Sikh ruler Ranjit Singh. Following the First Anglo-Sikh War in 1845 and 1846,Kashmir was first ceded by the Treaty of Lahore to the East India Company, and shortly after sold bythe Treaty of Amritsar to Gulab Singh, Raja of Jammu, who thereafter was given the title Maharaja ofJammu and Kashmir. From then until the Partition of India in 1947, Kashmir was ruled by the HinduMaharajas of the princely state of Kashmir and Jammu, although the majority of the population wereMuslim, except in the Jammu region.Partition and dispute:
In 1947, British rule in India ended with the creation of two new nations: the Union of India andthe Dominion of Pakistan, while British suzerainty over the 562 Indian princely states ended. Accordingto the Indian Independence Act 1947, "the suzerainty of His Majesty over the Indian States lapses, andwith it, all treaties and agreements in force at the date of the passing of this Act between His Majesty and ”the rulers of Indian States so the states were left to choose whether to join India or Pakistan or to remainindependent. Jammu and Kashmir, the largest of the princely states, had a predominantly Muslimpopulation, while having a Hindu ruler (Maharaja Hari Singh.) On partition Pakistan expected Kashmir tobe annexed to it.In October 1947, Muslim revolutionaries in western Kashmirand Pakistani tribals from Dir enteredKashmir, intending to liberate it from Dogra rule. Unable to withstand the invasion, the Maharaja signedtheInstrument of Accession on 25 October 1947that was accepted by the government of India on 27October 1947.After rumours that the Maharaja supported the annexation of Kashmir by India, militant Muslimrevolutionaries from western Kashmirand Pakistani tribesmen made rapid advances intothe Baramulla sector. Maharaja Hari Singh of Kashmir asked the government of India to intervene.However, India and Pakistan had signed an agreement of non-intervention. Although tribal fighters fromPakistan had entered Jammu and Kashmir, there was no iron-clad legal evidence to unequivocally provethat Pakistan was officially involved. It would have been illegal for India to unilaterally intervene in anopen, official capacity unless Jammu and Kashmir officially joined the Union of India, at which point itwould be possible to send in its forces and occupy the remaining parts.The Maharaja desperately needed military assistance when the Pakistani tribals reached the outskirtsof Srinagar. Before their arrival into Srinagar, India argued that the Maharaja must complete negotiationsfor ceding Jammu and Kashmir to India in exchange for receiving military aid.
The Instrument of Accession of Kashmir to India was accepted by Viceroy Louis Mountbatten, 1stEarl Mountbatten of Burma.The resulting war over Kashmir, the First Kashmir War, lasted until 1948, when India moved the issue tothe UN Security Council. Sheikh Abdullah was not in favor of India seeking UN intervention becausehe was sure the Indian Army could free the entire State of invaders. The UN had previously passedresolutions for setting up monitoring of the conflict in Kashmir. Following the set-up of the United NationsMilitary Observer Group in India and Pakistan (UNCIP), the UN Security Council passed Resolution47 on 21 April 1948. The resolution imposed an immediate cease-fire and called on Pakistan to withdrawall military presence. The resolution stated that Pakistan would have no say in Jammu and Kashmirpolitics. India would retain a minimum military presence. The ceasefire was enacted on 31 December1948.1965 and 1971 warsIn 1965 and 1971, heavy fighting broke out again between India and Pakistan. The Indo-Pakistani Warof 1971 resulted in the defeat of Pakistan and the Pakistani militarys surrender in East Pakistan, leadingto the creation of Bangladesh.The Simla Agreement was signed in 1972 between India and Pakistan.By this treaty, both countries agreed to settle all issues by peaceful means using mutual discussion in theframework of the UN Charter.Conflict in Kargil:
Location of conflict.In mid-1999, insurgents and Pakistani soldiers from Pakistani Kashmir infiltrated into Jammu andKashmir. During the winter season, Indian forces regularly move down to lower altitudes, as severeclimatic conditions makes it almost impossible for them to guard the high peaks near the Line of Control.The insurgents took advantage of this and occupied vacant mountain peaks ofthe Kargilrange overlooking the highway in Indian Kashmir that connects Srinagar and Leh. By blockingthe highway, they wanted to cut off the only link between the Kashmir Valley and Ladakh. This resultedin a high-scale conflict between the Indian Army and the Pakistan Army.Fears of the Kargil War turning into a nuclear war provoked the then-United States President BillClinton to pressure Pakistan to retreat. Faced with mounting losses of personnel and posts, the PakistanArmy withdrew their remaining troops from the area, ending the conflict. India reclaimed control of thepeaks, which they now patrol and monitor all year long.Reasons behind the dispute:The Kashmir Conflict arises from the Partition of India in 1947 into modern India and Pakistan. Both thecountries have made claims to Kashmir, based on historical developments and religious affiliations of theKashmiri people. The state of Jammu and Kashmir, which lies strategically in the north-west of thesubcontinent, bordering China and the former Soviet Union, was a princely state ruled by Maharaja HariSingh under the paramountcy of British India. In geographical and legal terms, the Maharaja couldhave joined either of the two new Dominions. Although urged by the Viceroy, Lord Mountbatten ofBurma, to determine the future of his state before the transfer of power took place, Singh demurred. InOctober 1947, incursions by Pakistan took place leading to a war,as a result of which the state of Jammuand Kashmir remains divided between the two countries.Administered by Area Population % Muslim % Hindu % Buddhist %
Other KashmirIndia ~4 million 95% 4% – – valley Jammu ~3 million 30% 66% – 4% Ladakh ~0.25 million 46% (Shia) – 50% 3% NorthernPakistan ~1 million 99% – – – Areas Azad ~2.6 million 100% – – – KashmirChina Aksai Chin – – – – – Statistics from the BBC report. In Depth *There are roughly 1.5 million refugees from Indian- administered Kashmir in Pakistan administered Kashmir and Pakistan UNHCR About 300,000 Hindus in Indian Administered Kashmir valley are internally displaced due to militancy in Kashmir CIA Muslims are the majority in Poonch, Rajouri, Kishtwar, and Doda districts in Jammu region. Shia Muslims make up the majority in Kargil district in Ladakh region. India does not accept the two-nation theory and considers that Kashmir, despite being a Muslim-majority state, is in many ways an "integral part" of secular India.Two-thirds of the former princely state (known as the Indian state of Jammu and Kashmir),comprising Jammu, the Kashmir Valley, and the sparsely populated Buddhist area of Ladakh arecontrolled by India; one-third is administered by Pakistan. The latter includes a narrow strip of landcalled Azad Kashmir and the Northern Areas, compromising the Gilgit Agency, Baltistan, and the formerkingdoms of Hunza and Nagar. Attempts to resolve the dispute through political discussions wereunsuccessful. In September 1965, war broke out again between Pakistan and India. The United Nationscalled for another cease-fire, and peace was restored once again following the Tashkent Declaration in1966, by which both nations returned to their original positions along the demarcated line. After the 1971war and the creation of independent Bangladesh, under the terms of the 1972 Simla Agreement between
Prime Minister Indira Gandhi of India and Zulfiqar Ali Bhutto of Pakistan, it was agreed that neithercountry would seek to alter the cease-fire line in Kashmir, which was renamed as the Line of Control,"unilaterally, irrespective of mutual differences and legal interpretations".Numerous violations of the Line of Control have occurred, including the incursions by insurgentsand Pakistani armed forces at Kargil leading to the Kargil war. There are also sporadic clashes onthe Siachen Glacier, where the Line of Control is not demarcated and both countries maintainforces at altitudes rising to 20,000 ft (6,100 m), with the Indian forces serving at higher altitudesIndian view:Maharaja Hari Singh signed theInstrument of Accession in October 1947 under which he acceded the State ofJammu and Kashmir to the Union of India.View Points:The Indian view point is succinctly summarized by Ministry of External affairs, Government of India. India holds that the Instrument of Accession of the State of Jammu and Kashmir to the Union of India, signed by Maharaja Hari Singh on 25 October 1947 & executed on 27 October 1947 between the ruler of Kashmir and the Governor General of India was a legal act, was completely valid in terms of the Government of India Act (1935),Indian Independence Act (1947) and international law and was total and irrevocable. There is no evidence of any deceit practiced by India on Kashmir. The Constituent assembly of Jammu and Kashmir had unanimously ratified the Maharajas Instrument of Accession to India and had adopted a constitution for the state that called for a perpetual merger of Jammu and Kashmir with the Union of India. India claims that the Constituent assembly was a representative one, and that its views were those of the Kashmiri people at the time. The most popular political party, the National Conference, was also in favour of acceding to India. United Nations Security Council Resolution 1172 tacitly accepts Indias stand regarding all outstanding issues between India and Pakistan and urges the need to resolve the dispute through mutual dialogue and does not call for a plebiscite. United Nations Security Council Resolution 47 cannot be implemented since Pakistan failed to withdraw its forces from Kashmir, which was the first step in implementing the resolution.
India is also of the view that Resolution 47 is obsolete, since the geography and demographics of the region have been permanently altered. The resolution was passed byUnited Nations Security Council under Chapter VI of the United Nations Charter. It is therefore non-binding and has no mandatory enforceability, as opposed to the resolutions passed under Chapter VII. India does not accept the two-nation theory that forms the basis of Pakistan and considers that Kashmir, despite being a Muslim-majority state, is in many ways an "integral part" of secular India. The state of Jammu and Kashmir was provided significant autonomy in Article 370 of the Constitution of India. All differences between India and Pakistan, including Kashmir, need to be settled through bilateral negotiations as agreed to by the two countries when they signed the Simla Agreement on 2 July 1972.Additional Indian viewpoints regarding the broader debate over the Kashmir conflict include: In a diverse country like India, disaffection and discontent are not uncommon. Indian democracy has the necessary resilience to accommodate genuine grievances within the framework of Indias sovereignty, unity, and integrity. The Government of India has expressed its willingness to accommodate the legitimate political demands of the people of the state of Kashmir. Insurgency and terrorism in Kashmir is deliberately being fueled by Pakistan to create instability in the region. The Government of India has repeatedly accused Pakistan of waging a proxy war in Kashmir by providing weapons and financial assistance to terrorist groups in the region. Pakistan is trying to raise anti-India sentiment among the people of Kashmir by spreading false propaganda against India. According to the state government of Jammu and Kashmir, Pakistani radio and television channels deliberately spread "hate and venom" against India to alter Kashmiri opinion. India has asked the United Nations not to leave unchallenged or unaddressed the claims of moral, political, and diplomatic support for terrorism, which were clearly in contravention of United Nations Security Council Resolution 1373. This is a Chapter VII resolution that makes it mandatory for member states to not provide active or passive support to terrorist organizations. Specifically, it has pointed out that the Pakistani government continues to support various terrorist organizations, such as Jaish-e-Mohammad and Lashkar-e-Taiba, in direct violation of this resolution.Pakistani view:
Map of Kashmir as drawn by the Government of PakistanPakistans claims to the disputed region are based on the rejection of Indian claims to Kashmir, namelythe Instrument of Accession. Pakistan insists that the Maharaja was not a popular leader, and wasregarded as a tyrant by most Kashmiris. Pakistan maintains that the Maharaja used brute force tosuppress the population.Pakistan claims that Indian forces were in Kashmir before the Instrument of Accession was signed withIndia, and that therefore Indian troops were in Kashmir in violation of the Standstill Agreement, whichwas designed to maintain the status quo in Kashmir (although India was not signatory to the Agreement,which was signed between Pakistan and the Hindu ruler of Jammu and Kashmir).From 1990 to 1999, some organizations reported that the Indian Armed Forces, its paramilitary groups,and counter-insurgent militias were responsible for the deaths of 4,501 Kashmiri civilians. Similarallegations were also made by some human rights organizations.In short, Pakistan holds that: The popular Kashmiri insurgency demonstrates that the Kashmiri people no longer wish to remain within India. Pakistan suggests that this means that Kashmir either wants to be with Pakistan or independent. According to the Two-Nation Theory,which is one of the theories that is cited for the partition that created India and Pakistan, Kashmir should have been with Pakistan, because it has a Muslim majority. India has shown disregard to the resolutions of the UN Security Council and the United Nations Commission in India and Pakistan by failing to hold a plebiscite to determine the future allegiance of the state. The Kashmiri people have now been forced by circumstances to uphold their right of self- determination through militancy. Pakistan claims to give the Kashmiri insurgents moral, ethical and military support.
Recent protests in Indian-administered Kashmir attracted a large number of people to massive rallies that took place to oppose Indian control of the state. Pakistan points to the violence that accompanies elections in Indian Kashmirand the anti Indian sentiments expressed by some people in the state. Pakistan has noted the widespread use of extrajudicial killings in Indian-administered Kashmir carried out by Indian security forces while claiming they were caught up in encounters with militants. These encounters are commonplace in Indian-administered Kashmir. The encounters go largely uninvestigated by the authorities, and the perpetrators are spared criminal prosecution. Pakistan points towards reports from the United Nations which condemn India for its human rights violations against Kashmiri people.Human rights organizations have strongly condemned Indian troops for widespread rape and murder of innocent civilians while accusing these civilians of being militants. Pakistan President Asif Ali Zardari stated in October 2008 that Kashmiri freedom fighters were terrorists. His remarks were met with widespread condemnation across Pakistan and Kashmir, including from prominent politicians.Chinese view China did not accept the boundaries of the princely state of Kashmir and Jammu, north of the Aksai Chin and the Karakoram that were proposed by the British. China settled its border disputes with Pakistan in the Trans Karakoram Tract in 1963 with the provision that the settlement was subject to the final solution of the Kashmir dispute.Cross-border troublesThe border and the Line of Control separating Indian and Pakistani Kashmir passes through someexceptionally difficult terrain. The worlds highest battleground, the Siachen Glacier, is a part of thisdifficult-to-man boundary. Even with 200,000 military personnel India maintains that it is infeasible toplace enough men to guard all sections of the border throughout the various seasons of the year.Pakistan has indirectly acquiesced its role in failing to prevent "cross border terrorism" when it agreed tocurb such activities after intense pressure from the Bush administration in Mid 2002.The Government of Pakistan has repeatedly claimed that by constructing a fence along the line of control,India is violating the Shimla Accord. India claims the construction of the fence has helped decreasearmed infiltration into Indian-administered Kashmir.In 2002, Pakistani President and Army Chief General Pervez Musharraf promised to check infiltrationinto Jammu and Kashmir.Water dispute:
Another reason for the dispute over Kashmir is water. Kashmir is the origin point for many rivers andtributaries of the Indus River basin. They include the Jhelum and Chenab rivers, which primarily flow intoPakistan while other branches—the Ravi, Beas, and the Sutlej—irrigate northern India. The BoundaryAward of 1947 meant that the headwaters of Pakistani irrigation systems were in Indian territory. Pakistanhas been apprehensive that in a dire need, India (under whose portion of Kashmir lies the origins andpassage of these rivers) would withhold the flow and thus choke the agrarian economy of Pakistan.TheIndus Waters Treaty signed in 1960 resolved most of these disputes over water, calling for mutualcooperation in this regard. But the treaty faced issues raised by Pakistan over the construction of damson the Indian side which limit water flow to the Pakistani side.Human rights abuse:Indian administered Kashmir: In Jammu and Kashmir, the Islamic insurgency has claimed to have specifically targeted the Hindu Kashmiri Pandit minority and violated their human rights. 400,000 Kashmiri Hindus have either been murdered or displaced. The violence was condemned and labeled as ethnic cleansing in a 2006 resolution passed by the United States Congress. The CIA has reported about 300,000 Pandit Hindus and over 100,000 Kashmiri Muslims from Indian Administered Kashmir are internally displaced due to the insurgency.The United Nations Commission on Human Rights reports that there are roughly 1.5 million refugees from Indian-administered Kashmir in Pakistan-administered Kashmir and in Pakistan. Claims of human rights abuses have been made against the Indian Armed Forces and the armed militants operating in Jammu and Kashmir.Amnesty International has called on India to "unequivocally condemn enforced disappearances" and to ensure that impartial investigation is conducted on mass graves in its Kashmir region. The Indian state police confirms as many as 331 deaths while in custody and 111 enforced disappearances since 1989. Several international agencies and the UN have reported human rights violations in Indian- administered Kashmir. In a recent press release the OHCHR spokesmen stated "The Office of the High Commissioner for Human Rights is concerned about the recent violent protests in Indian- administered Kashmir that have reportedly led to civilian casualties as well as restrictions to the right to freedom of assembly and expression." A 1996 Human Rights Watch report accuses the Indian military and Indian-government backed paramilitaries of "committing serious and widespread human
rights violations in Kashmir."One such alleged massacre occurred on 6 January 1993 in the town of Sopore. TIME Magazine described the incident as such: "In retaliation for the killing of one soldier, paramilitary forces rampaged through Sopores market, setting buildings ablaze and shooting bystanders. The Indian government pronounced the event unfortunate and claimed that an ammunition dump had been hit by gunfire, setting off fires that killed most of the victims."There have been claims of disappearances by the police or the army in Kashmir by several human rights organizations. Jammu and Kashmir Public Safety Act, 1978:Human rights organizations have asked Indian government to repealthe Public Safety Act, since "a detainee may be held in administrative detention for a maximum of two years without a court order." A soldier guards the roadside checkpoint outside Srinagar International Airport in January 2009. Many human rights organizations such as Amnesty International and the Human Rights Watch (HRW) have condemned human rights abuses in Kashmir by Indians such as "extra-judicial executions", "disappearances", and torture.The "Armed Forces Special Powers Act" grants the military, wide powers of arrest, the right to shoot to kill, and to occupy or destroy property in counterinsurgency operations. Indian officials claim that troops need such powers because the army is only deployed when national security is at serious risk from armed combatants. Such circumstances, they say, call for extraordinary measures. Human rights organizations have also asked Indian government to repeal the Public Safety Act, since "a detainee may be held in administrative detention for a maximum of two years without a court order."A 2008 report by the United Nations High Commissioner for Refugees determined that Indian Administered Kashmir was only partly free. A recent report by Amnesty International stated that up to 20,000 people have been detained by draconian laws in Indian-administered Kashmir.Pakistan administered KashmirAzad Kashmir: Pakistan, an Islamic Republic, imposes multiple restrictions on peoples religious freedom. Religious minorities also face unofficial economic and societal discrimination and have been targets of sectarian violence.
The constitution of Azad Kashmir specifically prohibits activities that may be prejudicial to the states accession to Pakistan, and as such regularly suppresses demonstrations against the government. A number of Islamist militant groups operate in this area including Al-Qaeda, with tacit permission from Pakistans intelligence. As in Indian administered Kashmir, there have been allegations of human rights abuse. A report titled "Kashmir: Present Situation and Future Prospects", which was submitted to the European Parliament by Emma Nicholson, Baroness Nicholson of Winterbourne, was critical of the lack of human rights, justice, democracy, and Kashmiri representation in the Pakistan National Assembly. According to the Human Rights Commission of Pakistan, According to Shaukat Ali, chairman of the International Kashmir Alliance, "On one hand Pakistan claims to be the champion of the right of self-determination of the Kashmiri people, but she has denied the same rights under its controlled parts of Kashmir and Gilgit-Baltistan".Gilgit – Baltistan: The main demand of the people of Gilgit-Baltistan is a constitutional status to the region as a fifth province of Pakistan.However, Pakistan claims that Gilgit-Baltistan cannot be given constitutional status due to Pakistans commitment to the 1948 UN resolution.In 2007, International Crisis Group stated that:"Almost six decades after Pakistans independence, the constitutional status of the FederallyAdministered Northern Areas (Gilgit and Baltistan), once part of the former princely state ofJammu and Kashmir and now under Pakistani control, remains undetermined, with politicalautonomy a distant dream. The regions inhabitants are embittered by Islamabads unwillingnessto devolve powers in real terms to its elected representatives, and a nationalist movement, whichseeks independence, is gaining ground. The rise of sectarian extremism is an alarmingconsequence of this denial of basic political rights". A two-day conference on Gilgit-Baltistan was held on 8–9 April 2008 at the European Parliament in Brussels under the auspices of the International Kashmir Alliance. Several members of the European Parliament expressed concern over the human rights violation in Gilgit-Baltistan and urged the government of Pakistan to establish democratic institutions and rule of law in the area. In 2009, the Pakistan government implemented an autonomy package for Gilgit-Baltistan which entails rights similar to those of Pakistan’s other provinces. Gilgit-Baltistan thus gains province-like status without actually being conferred such a status constitutionally. The direct rule by Islamabad is replaced by an elected legislative assembly and its chief minister.India’s Positions The accession of Kashmir to India is legally indisputable Religion is irrelevant in determining control of Kashmir—a large Muslim community supported the accession of Kashmir to India The Pakistani sponsorship of terrorism in Kashmir disrupts the democratic process in the region
International intervention is out of the question, as Kashmir is strictly India’s affair Pakistan’s Positions Kashmir rightfully belongs to Pakistan due to their religious and economic ties Pakistan does not provide material aid to any terrorists or insurgents in Kashmir In accordance with the UN Security Council, Pakistan considers India’s claim to Kashmir invalid The Kashmiri people should be allowed to choose between Pakistani and Indian control through a plebiscite Kashmir’s Positions Kashmiris overwhelmingly favor independence A poll conducted in the Kashmiri capital of Srinagar in 2007 revealed that 87% of Kashmiris desire independence, 7% favor Indian rule, and 3% prefer Pakistani control Kashmiris oppose Indian rule due to the restrictions placed on them by Indian security forces and alleged human rights abuses by the Indian government A Proposal for a Solutiono Establish a Kashmiri Sovereignty Commission (KSC) The commission would first determine the viability of Kashmiri independence in terms of economic and political stability The commission would then hold a referendum in Kashmir confirming the people’s desire for independenceo Considering the results of the referendum, introduce a resolution urging the global community to support Kashmiri sovereigntyo Use support from the global community to persuade India and Pakistan to recognize Kashmir as an independent nationo Draft a resolution in the Security Council recognizing Kashmir as a sovereign state and calling for demilitarization of the regiono Establish a UN transitional government in Kashmir to develop infrastructure and securityo Hold elections for an independent, parliamentary governmento This proposal is contingent on the participation of member nations in creating the necessary resolutions and commissions
o If India and Pakistan fail to recognize Kashmir as independent, more forceful action could be taken; Kosovo provides a precedento In this proposal, the United Nations acts as the medium used to achieve a lasting solution for the conflictConclusiono Greater understanding of this conflict---history and developmentso The necessity of resolving this conflict, as well as potential solutionso The important role that the UN has in mediating the situation