Content. Welcome Letter

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2 想象, 无限可能 IMAGINE INFINITY Content Welcome Letter General Introduction Geography The terrain of Kashmir The strategic position of Kashmir Maps along with the timeline Resource of the issue Resource of the dispute Partition of British India Direct Conflicts Following Internal conflict India administered Kashmir Pakistan administered Kashmir China administered Kashmir External Conflicts Cross-border troubles Water disputes Human rights abuses New Factors Involved Mediation Current main different views

3 第八届国际关系学院模拟联合国大会 THE 8TH UIR MODEL UNITED NATIONS CONFERENCE Welcome Letter Dear delegates, Welcome to United Nations Security Council of University of International Relations Model United Nations In the past 70 years, inherent problems and new challenges have been together affecting the Kashmir region, adding to the difficulty of thoroughly eliminating this potential bomb the Kashmir Issue in South Asia. Whatever the relevant elements are, the over-discussed territorial dispute or the recently-appeared spillover of international terrorism, as long as the issue exists, the threat to regional stability, to civilians' life, even to the world peace still exists. Compared to other specified topic related to the Kashmir, the topic we are to discuss should be as comprehensive as possible, on account of only solving one or several aspects is a drop in the bucket while the UNSC has the obligation to return peace and stability to this region and its people permanently. Thus, what we've written for you is just an overview on this topic, because we expect that your ideas wouldn't be fettered by any guide, more and more details are waiting for your discovery. We'd also like to hear suggestions on this background guide. Therefore, you do not have to worry even if this is your first MUN conference. You may achieve something you never imagined as long as you are well prepared, brave to argue and negotiate. With joint efforts, we believe we can succeed with a totally new but efficient resolution. Should you have any questions, whether regarding the topic, rules or other conferencerelated issues, please feel free to contact us. Dais Members UNSC, UIRMUN2017 3

4 想象, 无限可能 IMAGINE INFINITY General Introduction Ever since the Partition of India, the enduring conflicts between the two parties, India and Pakistan, have been influencing the whole region around, especially in Kashmir firefights from time to time seem to be routine. Even countless times of mediation from diverse parties including the United Nations have never thoroughly worked it out. Why is it so difficult to settle the issue? Territory ownership ranks the first as a reason. With the complement of Mountbatten Plan in 1947, two independent dominions were created Dominion of Pakistan ( today's Islamic Republic of Pakistan ) and Dominion of India( today's Republic of India). But more than 550 princely states were left there to choose a dominion on their own. According to the Majority Rule in Mountbatten Plan, there was no doubt that the particular region Kashmir, with approximately 80% of Muslim belongs to Dominion of Pakistan; however, if we take another rule which depends on Princes, which was Hindus, Kashmir should join Dominion of India. Thus the hidden dispute had originally formed. What has added fuel to the fire was that the plan of Maharaja of Kashmir of remaining neutral was disturbed by a troop consisting of Pashtun tribal and Pakistani soldiers who entered Kashmir and helped Pakistan take charge of it. After the Maharaja Hari Singh turned to India and promised India's ownership of Kashmir, India dispatched troops to Kashmir, leading to the Indo-Pakistani War. Under the mediation of the UN, they ceased fire finally with India gaining actual control of 3/5 of the territory and 3/4 of the population while Pakistan gaining actual control of the rest. From then on, enmity has been planted deeper and deeper, for one thing, Pakistan desired for more; for another, India insisted on its 100% ownership of Kashmir. In consequence, protests against India in Jammu Kashmir were created, wars between Pakistan and India continued to take place. Also, the complex world situation, typically the Cold War during that period certainly contributed a lot to this part of history with several other countries' involvement. All those happened drew the attention from all over the world, threatened the daily life of the civilians, causing cross-border troubles as well as a series of problems concerning human rights, water distribution and so on. The Purposes of the United Nations encountered a serious challenge. Fortunately, years efforts paid off, the mediation done by the UN, Agreement on Ceasefire, plebiscite offer, improvement of the non-governmental relationship between civilians, all efforts we could find relaxed the tense relation in a way. Peace in Kashmir therefore has been realistic and worth expecting. However, 60 years have passed, in the special year of 2017, the world witnessed an 4

5 第八届国际关系学院模拟联合国大会 THE 8TH UIR MODEL UNITED NATIONS CONFERENCE unusual July with incessant fire in Kashmir, even military standoff between India and China. This issue as always mentioned in the stage of UN, is still regarded as important as 60 years before, appealing urgently for a new settlement. Given the current world situation, new factors for certain are participating in the game. The rapid development of religious extremism and terrorist forces in the Kashmir, from which the delay of the settlement derives, complicated the situation, continuous insurgencies seriously undermined the economic development of the Kashmir region, the safety of people's lives and property social stability 1. In addition, the spillover effect of international terrorism is a representative one. The occurrence of 9.11 brought the relation among the United States, Pakistan, and India to a new type. Considering the geopolitical significance that Pakistan packed with, the US searched for a closer relationship with Pakistan who was occupied with getting rid of its relationship with terrorism. India failed in seeking a positive response about the friendship with its old friend, resulting in its further grudge towards Pakistan. Plus there have been several times when terrorist attacks happened around, India pointed the finger to Pakistan the first time, which intensified their contradiction, reflecting on the Kashmir issue at last. Thus we can see, the fierce fluctuation, instability, and fragility of the relation between India and Pakistan indeed are responsible for those conflicts in Kashmir. 1 克什米尔地区恐怖主义问题综述, 刘向阳 康红梅, 国际资料信息,2010 年第 4 期 5

6 想象, 无限可能 IMAGINE INFINITY Geography 6

7 第八届国际关系学院模拟联合国大会 THE 8TH UIR MODEL UNITED NATIONS CONFERENCE The terrain of Kashmir Kashmir is home to several valleys such as the Kashmir Valley, Tawi Valley, Chenab Valley, Punch Valley, Sind Valley and Lidder Valley. The main Kashmir valley is about 100 km (62 mi) wide and 15,520.3 km2 (5,992.4 sq mi) in the area. The Himalayas divide the Kashmir valley from Ladakh while the Pir Panjal range, which encloses the valley from the west and the south, separates it from the Great Plains of northern India. Along the northeastern flank of the Valley runs the main range of the Himalayas. This densely settled and beautiful valley has an average height of 1,850 meters (6,070 ft) above sea-level but the surrounding Pir Panjal range has an average elevation of 5,000 meters (16,000 ft). The Jhelum River is the only major Himalayan river which flows through the Kashmir valley. The Indus, Tawi, Ravi, and Chenab are the major rivers flowing through the state. Jammu and Kashmir is home to several Himalayan glaciers. With an average altitude of 5,753 7

8 想象, 无限可能 IMAGINE INFINITY meters (18,875 ft) above sea-level, the Siachen Glacier is 70 km (43 mi) long making it the longest Himalayan glacier. The strategic position of Kashmir Kashmir is the northernmost geographical region of the Indian subcontinent, also in the northwestern region of South Asia. The strategical position is so vital in South Asia region that one of both sides, India and Pakistan, controlling it in actual wound maintain the huge advantages. The area locates in the center of South Asia. Looking at the map, the area is surrounded by India, Pakistan, Afghanistan, China, Tajikistan, is the most important strategic place. For India, the region can restrain the threat from the east of China, but also can prevent the spread of Muslim forces from the west. Besides, Kashmir is condescending to the India plain where there are New Delhi and the major industrial cities. It means the national lifeline is threatened if Kashmir is controlled by another country. For Pakistan, the area is a buffer zone which can hinder India's expansion to the north. In the region, India and Pakistan have been operating for many years, both forces have penetrated deeply. Kashmir has been in an important strategic position since ancient times. Kashmir's water resources are the primary resource value in the region. Pakistan is facing water scarcity and Kashmir has rich rivers, glaciers and other water resources. India is building hydroelectric plants on some of the rivers in areas it controls, which provide valuable electricity. Due to its mountainous nature, Kashmir also provides high ground for military conflicts, and some important supply routes run through it. The dispute over Kashmir has been dividing India and Pakistan since the nations were first freed from British rule. Jammu and Kashmir State, the India-controlled portion of the region, has a majority Muslim population like Pakistan. India and Pakistan are both nuclear powers and have been in conflict since they gained independence in They have come dangerously close to nuclear warfare at times, and their inability to work together as allies contributes to the instability of the region. Finding a diplomatic solution to the dispute over Kashmir could significantly repair relations between the two countries, which may have positive implications for peace in South Asia and the Middle East. By the way, Kashmir region is also crucial for China as it is the best energy channel on the land to input energy like oil natural gas. The path is drastically shortened, through the country at least, and the safest. If anyone who attempt to damage the OBOR, Kashmir may be the most vulnerable part. Maps along with the timeline 1947 The cease-fire line after the first Indo-Pakistani War The Karachi Agreement was signed by India and Pakistan in1949, under the supervision of the UN Commission for India and Pakistan. It establishes a cease-fire line in Kashmir 8

9 第八届国际关系学院模拟联合国大会 THE 8TH UIR MODEL UNITED NATIONS CONFERENCE after the Indo-Pakistani War of 1947.It's the beginning of the barber shown to the parties involved and the international society. However, the line is not so clear that it gives each side the room to argue, fight for. Cited by Page-2 of U.N. Map Number S/1430/Add.2 showing CFL The princely state of Jammu and Kashmir with the current Line of Control defined in 1949 (similar to that of 1972) 1965 The line of control after the Second Indo-Pakistani War The Tashkent Declaration between India and Pakistan was a peace agreement signed in 1966 that resolved the Second Indo-Pakistani War of Major Powers pushed the two 9

10 想象, 无限可能 IMAGINE INFINITY nations to cease fire because they are afraid that the conflict could draw in other major powers. Under the pressure of United Nations, the USA and the Soviet Union, the Tashkent conference compelled the two involved parties to give away the conquered regions of each other and return to the 1949 ceasefire line in Kashmir. The actual districts were not changed. Cited by Kashmir_map.svg The Rim of the Sky 1971 The border after the third Indo-Pakistani War A bilateral summit was held at Simla after the war, as India pushed for peace. There were 5,139 square miles of Pakistani territory captured by India and over 90,000 POWs held in Bangladesh. India was going to return them to exchange for a "durable solution." As a 10

11 第八届国际关系学院模拟联合国大会 THE 8TH UIR MODEL UNITED NATIONS CONFERENCE result, the two sides respect the control line formed on December 17, Cited by Wikimedia Commons Situation nowadays and views from the parties involved India claims the entire state of Jammu and Kashmir, which is approximately 43% of the region. It controls Jammu, the Kashmir Valley, Ladakh, and the Siachen Glacier. 11

12 想象 无限可能 IMAGINE INFINITY Pakistan, which administers approximately 37% of Jammu and Kashmir, named them Azad Kashmir and Gilgit-Baltistan. China controls the Demchok district, the Shaksgam Valley, and the Aksai Chin region. China's claim over these territories has been disputed by India since China took Aksai Chin during the Sino-Indian War. Cited by In fact, the control line has been stable for a long time. India claims those areas. These areas even include the territory ceded to China by Pakistan in the Trans-Karakoram Tract 12

13 第八届国际关系学院模拟联合国大会 THE 8TH UIR MODEL UNITED NATIONS CONFERENCE in Pakistan claims the entire region excluding Aksai Chin and Trans-Karakoram Tract. British rule in India ended in 1947, creating Pakistan and India, According to the Indian Independence Act, states can choose whether to join India or Pakistan or to remain independent. Therefore, India and Pakistan were unwilling to give up their claims. Meanwhile, China was involved in this conflict for some historical reasons. 13

14 想象, 无限可能 IMAGINE INFINITY Resource of the issue Resource of the dispute Ever since the 1300s, when Kashmir embraced Islam, it remained under Muslim rules for several centuries. Until 1846, the Sikh Empire, who annexed Kashmir in 1820, was defeated in the First Anglo-Sikh War, Britain occupied the area according to the Treaty of Amritsar and later transferred it to Gulab Singh, whose descendants dominated the British Indian princely state under the auspices of Britain. From then until the 1947 Partition of India, Kashmir was one of the princely states called Kashmir and Jammu belonging to British India. Partition of British India Actually, the Partition of India had a series of omens. Dating back to the unpopular Partition of Bengal in 1905, the transformation from nationalist politics to religious politics had already showed its sign of appearance, on account of the division of the largest administrative subdivision in British India, the Bengal Presidency, into the Muslim-majority province of East Bengal and Assam and the Hindu-majority province of Bengal.1 Later on during the World War I, an agreement called Lucknow Pact was reached, pressurizing British government into allowing to give India more authority to govern their own country, the designer of the pact also rose to lead the Indian independence movement. Moreover, the Montagu-Chelmsford reforms in 1919 offered Indians the opportunity for exercising legislative power, although with certain British control. With Two-Nation Theory put forward, provincial elections as well as general elections held from the 1920s to 1940s, the balance of power between Muslim and Hindus had been fluctuating lightly due to both parties' movements 2. Finally in 1947 under the great pressure of Indian national liberation movement, British government partitioned the British India based on the famous Mountbatten Plan, according to religious belief, two dominions thus came into being on August 1947 Dominion of India, and Dominion of Pakistan, the Radcliffe Line being their demarcation line. Given the privilege that princely states had right to join either dominion through negotiation or remain independent, the Maharaja of Kashmir once chose the latter, considering that most of the regions took religious belief as the basis to their accession, while Kashmir owned nearly 80% Muslin but was ruled by the Hindu Maharaja Hari Singh. Thus the influence the Partition of India had exerted on Kashmir and Jammu was obvious. 2 Partition of Bengal (1905), Background, Partition of India, Wikipedia 14

15 第八届国际关系学院模拟联合国大会 THE 8TH UIR MODEL UNITED NATIONS CONFERENCE India and Pakistan over the past 70 years have presented a life and death struggle for it. Pakistan receiving no positive response from Kashmir on accession, armed insurgencies were set in motion by local Muslims instigated by the Muslim League. Therefore the Maharaja of Kashmir turned to India, with a declaration of the willingness of accession to it, India sent its army to Kashmir as legal, resulting in the eruption of the First Indo-Pakistani War. 15

16 想象, 无限可能 IMAGINE INFINITY Direct Conflicts Following 1947 Indo Pakistani war The Indo-Pakistani War of 1947, also known as the First Kashmir War, was fought between India and Pakistan from 1947 to In 1947, When the division of India and Pakistan was accomplished, Mountbatten Plan allowed the Kashmiri themselves to decide whether to join one of the two new dominions or to remain independent. India-controlled Kashmiri congress passed declaration which claimed India's ownership of this area. On October 27th, 1947, the first war broke out between India and Pakistan in Kashmir area, which lasts for over a year. A formal cease-fire was on 1 January 1949 with UN's mediation. India gained control of about two-thirds of the state including Kashmir valley, Jammu and Ladakh whereas Pakistan gained roughly a third of Kashmir (Azad Kashmir and Gilgit Baltistan). This war didn't solve Kashmir's ascription military standoff In July 1950, Sheikh Abdullah wanted the Constituent Assembly to decide the Kashmir's accession. But this was not agreed to by the Prime Minister of India, as the matter was decided by the UN. Meanwhile, the Korean War broke out. The west sought help from Pakistani for their anxiety of possible communist attacks in the Middle East but was aware that Pakistan desired guarantees of security against an Indian attack. At the end of 1950, Pakistani leaders called for a holy war for their disappointment of UN's slow progress, which made India grew anxious. Following a series of violent incidents in Kashmir Valley in June 1951 and reports of Pakistani troop movements, India decided to move its troops to the border. This military standoff lasted from mid-july 1951 till the assassination of Liaquat Ali Khan in October The western countries were stressing India for its standing down. At the same time, the elections to the Constituent Assembly passed off peacefully, the Assembly convening on 31 October. However, the peace didn't last long. In August 1953, Indian security forces were deployed in the Valley to control the streets Sino India war The Sino India war, also known as the Sino-Indian border clashes broke out between China and India. Because political reconciliation couldn't be reached on Himalaya border disputes, on October 20th, 1962, China crossed McMahon Line and launched a synchronous attack in Ladakh. The war ended on November 20th, 1962, with China's 3 Prasad, S.N.; Dharm Pal (1987), History of Operations in Jammu and Kashmir , New Delhi: History Department, Ministry of Defence, Government of India, printed at Thomson Press (India) Limited, p Raghavan, War and Peace in Modern India 2010, pp

17 第八届国际关系学院模拟联合国大会 THE 8TH UIR MODEL UNITED NATIONS CONFERENCE victory. China declared a ceasefire and withdrawal from the disputed area. The Trans- Karakoram was demarcated as the Line of Control between China and Pakistan, while part of Kashmir territory was classified on the Chinese side Indo-Pakistani war 1965 Indo-Pakistani war was sparked by the Operation Gibraltar initiated by Pakistan. It was believed that conditions of a guerrilla war in Kashmir were mature, and these forces were planned to create conditions for Kashmiri revolt through inciting Indian-administered Kashmiri as well as destroying infrastructures. However, the 'Operation Gibraltar' ended in failure. 6 In August 1965, Kashmir guerrilla and India troops fought heavily near Pakistani-Indian ceasefire line. On 14th August, Pakistani regular armed forces also joined the war. On 6th September, the Indian army launched a major offensive, while Pakistan fought back at the south of the ceasefire line, and invaded Punjab. The two sides then deadlocked, until the United Nations Security Council passed the declaration on the ceasefire on 23rd, September. In January 1966, with former Soviet Union's mediation, India and Pakistan signed the Tashkent Agreement. Pakistan committed "using peaceful means to resolve disputes" and "non-interference in the internal affairs" on the Kashmir issue Indo-Pakistani war In March 1971, India adopted a resolution to support the independence of East Pakistan, also known as Bangladesh. In November 1971, considering the intensified internal contradictions in Pakistan, India invaded East Pakistan. In December, the war was further extended to West Pakistan. On December 17, both sides ceased fire completely. In July 1972, the two sides signed the Indian government and the Pakistani government's bilateral relations agreement. Later they signed Simla Agreement, which asked the two sides solving the Kashmir issue by holding bilateral meetings. This war led to the Bangladesh's independence from Pakistan, and India became the only country that held an obvious economic and military advantage in South Asia. 7 In October 1975, Bangladesh and Pakistan formally established diplomatic relations with the two countries The Siachen conflict The Siachen conflict is a military conflict between India and Pakistan over the disputed Siachen Glacier region in Kashmir. The conflict began in 1984 with India's successful Operation Meghdoot during which it gained control over all of the Siachen Glacier. India has established control over all of the 70-kilometer-long Siachen Glacier and all of its tributary glaciers, as well as the three main passes of the Saltoro Ridge immediately west of the glacier Sia La, Bilafond La, and Gyong La. Pakistan controls the glacial valleys 5 冯新瑞, 浅析中印边界战争 6 "Pakistan: The Indo-Pakistani War of 1965", Library of Congress Country Studies, United States of America, April 1994, retrieved 2 October Unspecified author, "The 1971 war", India - Pakistan: Troubled relations, BBC, retrieved 30 October

18 想象, 无限可能 IMAGINE INFINITY immediately west of the Saltoro Ridge. 8 A cease-fire went into effect in The Kargil war Kargil war is a military conflict between India and Pakistan in On May 26, 1999, India dispatched a large number of fighters and armed helicopters to Kargil and Dallas in Indian-administered Kashmir and carried out two violent air strikes to "a large number of Pakistani infiltrators". The conflict was the most severe one in the series of conflicts between the two sides since In this conflict, Pakistan's infiltrator located at a height of more than 5,000 meters, while the Indian troops were stationed at the foot of the mountain. Thus, since the two sides on May 6 since the conflict, India suffered heavy casualties since 6th May. In June 1999, this war ended in India's victory India Pakistan border skirmishes From July 2014 to the end of 2015, over 50 border skirmishes between India and Pakistan have occurred, with each party's Army and Navy involved. 10 As usual, they accused each other of initiating the hostilities. During the very period, when the Indian Defense Minister Arun Jaitley urged Pakistan to stop "unprovoked" firing, the response from Pakistan should mention nuclear power, making the situation more aggressive. However, Pakistan still sent a letter to the UN calling for help which was ignored and only replied with reiteration of bilateral discussions. The long-lasting farce finally ended up with biannual talks headed by delegations from both sides, reaching consensus to conduct joint investigations toward future incidents and to strengthen border control India Pakistan military confrontation July 2016, large-scale protests against the Indian government had taken place in the Indian state of Jammu and Kashmir, causing massive casualties, according to which Pakistan condemned India for using force against civilians. However, India claimed it's Pakistan who stirred up tensions. Later on, there has been an unknown militant attacked an Indian Army base, turning India's accusation towards a certain terrorist group based in Pakistan which absolutely denied by Pakistan. Disputes around it haven't been settled, fire exchanges occurred from time to time. 8 Siachen: The Stalemate Continues at the Wayback Machine, archived 27 October, 2004, published in April, Wirsing, Robert (15 February 1998), India, Pakistan, and the Kashmir dispute: on regional conflict and its resolution, Palgrave Macmillan, p. 77. ISBN , retrieved 31 October Kashmir: Roots of Conflict, Paths to Peace, by Sumantra Bose, Harvard University Press

19 第八届国际关系学院模拟联合国大会 THE 8TH UIR MODEL UNITED NATIONS CONFERENCE In spite of each side's own statement and sources, the truth is that this military confrontation lasted until September 2017 brought damages to in the area around Line of Control in Kashmir; however each side hid their casualties, there existed numerous people killed including soldiers and civilians; regardless of what has happened, cross-border terrorism has to be dealt with urgently, violent conflicts between two parties should also be forbidden. 19

20 想象, 无限可能 IMAGINE INFINITY Internal conflict Conflict in Kashmir can also be interpreted as the mixture of internal ethnic and religious difference which is also the essence of the Kashmir issue. To understand the conflict between Muslim and Hindu, ruling class and mass, traditional religious authority and secular Indian authority within this mountainous region is the necessary access to understand the complex causation of Kashmir issue. India administered Kashmir Before 1947 Kashmir during the Dogra rule is one of the British Indian princely state which has a population consisted of 2,154,695 (74.16%) Muslims and 689,073 (23.72%) Hindus. The Hindus ruling class, along with the landlord class in Kashmir are running the state with strict discrimination against the Muslims which is the major group in the region. Inequality triggered the agitation and fissure. Political movements for Muslim ' right and livelihood, mainly initiated by Sheikh Abdullah and his All-Jammu and Kashmir Muslim Conference (renamed National Conference in 1938) rise in the 1930s. At the beginning of the movement, Sheikh Abdullah has gained the support from India's Nehru and during the anti- Maharajah movement, Nehru brought Sheikh off the captivity. After Partition of India When Partition of India and Pakistan came, Sheikh, under the pressure of landlord group, chose to sign an agreement to "limitedly" join India. However, this direction was later turned into the assertion of Kashmir's self-determination, causing Sheikh imprisoned by India NPC and consequent riot in Due to a series of contradiction from India and accusation from the office and people, on 8 August 1953, Sheikh Abdullah was dismissed as Prime Minister by the Sadr-i-Riyasat Karan Singh on the charge that he had lost the confidence of his cabinet. He was denied the opportunity to prove his majority on the floor of the house. He was also jailed in 1953 while Sheikh's dissident deputy, Bakshi Ghulam Mohammad was appointed as the new Prime Minister of the state. Under the leadership of Bakshi Mohammad. On 17 November 1956, the Constitution of Jammu and Kashmir which equates the state's accession to India was adopted by the Assembly. But the disposition was denied by the UN. On 24 January 1957, the UN passed a resolution stating that the decisions of the Constituent Assembly would not constitute a final disposition of the State, which needs to be carried out by a free and impartial plebiscite. 20

21 第八届国际关系学院模拟联合国大会 THE 8TH UIR MODEL UNITED NATIONS CONFERENCE The rise of nationalism in Kashmir was famous for Sheikh Abdullah's lieutenant Mirza Afzal Beg's forming the Plebiscite Front on 9 August 1955 to fight for the plebiscite demand and the unconditional release of Sheikh Abdullah. Such struggle against the acceptance of being part of India has never stopped. National Liberation Front formed by Kashmiri nationalists Amanullah Khan and Maqbool Bhat, along with Hashim Qureshi in Then, 1970s ' coming brought the compromise between India authority and Kashmir opposite. The revival of the national conference was attributed to the abandon of confrontational politics and the accordance made between Sheikh and Prime Minister Indira Gandhi. Sheikh agreed to give up the goal of plebiscite. In exchange, Sheikh gained Chief Minister's chair in India and Kashmir obtained the status of a self-rule democratically elected Government. Since then, Kashmir was no longer a subordinated region to India. The plebiscites were also dissolved along with the autonomy came. This was called 1975 Indira-Sheikh accord. This accord once upon a time realized the first ever peace election and 8 years' stable situation in Kashmir. Post- Sheikh Abdullah time 1983 Election raises the worry from the Hindu in the north that the major Muslim group were not satisfied and will never stop their want for independence. Muslim in Indiaadministered region accused that those elected members in office supported the State's accession to India in return for generous disbursements from Delhi. In 1984, Abdullah Family lost power and violent street protest along with clash of two sides (Hindu and Muslim) has spread. Such hostility also drove the Islamism party to the Congress. Centered on the autonomy of Kashmir, the standoff between Muslim and Hindu became the main conflict in the 1980s. Though the Muslim party thrived vigorously, India-administered Kashmir was still largely under the charge and control of India. Therefore, armed insurgency happened to strike. India accused that Pakistan and Afghanistan secretly supplied the Muslim rebellion while the Muslim guerrilla insisted that India had overpassed the threshold of interference. The whole India-administered Kashmir was trapped into endless recrimination and brutal violent clash over a decade. Consequently, Human rights abuse has aroused great concern around the world. Currently, for the sake of each side, sanguinary conflicts are still frequently reported in the India administered Kashmir, of which the Kashmir unrest from has drawn the most attention recently: The cause of the unrest is an incident that a commander of the Kashmir-based Islamic militant organization was killed by Indian security forces. A series of protests against India therefore started. The early period had already witnessed too many deaths and injuries, but casualties didn't stop increasing with more parties participated one after another in the unrest, by the newly rising opposition to originally existing issues like persistent 21

22 想象, 无限可能 IMAGINE INFINITY militarization, human right abuses, Hindu nationalism, etc. For the official parties, there were Government of India, Jammu and Kashmir Government of Jammu and Kashmir, Jammu and Kashmir Police, Central Reserve Police Force (CRPF), and Indian Army; for civilian parties, there were Kashmiri protesters, Kashmiri separatists, All Parties Hurriyat Conference, Jammu and Kashmir Liberation Front (JKLF), and so on. 11 Considering those different goals from civilians, for example, demilitarization of the valley, independence, or autonomy, or self-determination for Kashmir, definitely clashed with India's interest and appeals in the area, this unrest absolutely would last long. Not to mention that both sides have their supporters either internally and internationally, which contributes to the situation which is still pending today. Pakistan administered Kashmir The situation is much more stable in Pakistan administered Kashmir than in the south. One of the two administered district Azad Jammu and Kashmir (AJK) is a self-governing state under Pakistani control, but under Pakistan's constitution, the state is informally part of the country. Pakistan is administering the region as a self-governing territory rather than incorporating it in the federation since the UN-mandated ceasefire. Azad Kashmir has its own elected President, Prime Minister, Legislative Assembly, High Court, with Azam Khan as its present chief justice, and official flag. According to a western commenter, Azam Khan is still not free under the intensified control from Pakistan government. However, the unquestioned fact is that people in Pakistan administered Kashmir has accepted the government and the order. Another district, Gilgit-Baltistan shows more willingness to obtain autonomy. But this is a distant dream for the residence there. Most dissatisfactory residents will finally manage a compromise with the authority. By value of the more similar group identification and less economic conflict, the overall situation within the Pakistan administered district is stable and peace although corruption and autocracy exists 12. China administered Kashmir There is nearly no conflict within China administered because of the desolated mountainous geography. But, border dispute remains serious as India claims for this district's sovereignty. On the whole, the main internal conflicts were stuck in the India administered Kashmir where the difference is biggest. It's considered of great significance to look into the internal upheaval apart from the conventional external geopolitical analysis Kashmir: Roots of Conflict, Paths to Peace, by Sumantra Bose, Harvard University Press 南亚研究季刊,South Asian Studies Quarterly 1991 年 04 期,ISSN: 郭晨风, 克什米尔争端的历史渊源 22

23 第八届国际关系学院模拟联合国大会 THE 8TH UIR MODEL UNITED NATIONS CONFERENCE External Conflicts Cross-border troubles The border and the Line of Control which parted Indian and Pakistani Kashmir run through some exceptionally difficult terrain 14. India found that it is unfeasible to place enough men to guard all parts of the border throughout the year. All kinds of people can cross the border as long as they find ways to enter the area belonging no matter India or Pakistan. This undoubtedly gives terrorism a chance. On the other side, Pakistan has indirectly acquiesced in its role in failing to prevent "cross-border terrorism." The actions are not always doing well. When one side sets off to implement programs, the other side will be dissatisfied. Pakistan has reiterated constructing a fence along the line of control, is a violation of the Shimla Accord. However, India claims the construction has helped decrease armed infiltration. In 2002, Pakistani President and Army Chief General Pervez Musharraf promised to check infiltration into Jammu and Kashmir. Water disputes Kashmir is the origin of many rivers in the Indus River basin. This basin is divided between Pakistan (60%), India (20%), Afghanistan (5%) and China (15%). The Jhelum and Chenab rivers, which mainly flow into Pakistan, while other branches irrigate northern India. Both countries have extensively dammed the Indus River for irrigation and hydro-electricity systems. In 1947, Sir Cyril Radcliffe decided to demarcate the territories. The Line of Control was regarded as an international border. The line would ensure India would control the upper riparian and Pakistan would control the lower riparian of the Indus and its tributaries. The Kashmir dispute and the water disputes are highly related. The fight over the water remains one of the main problems between the two countries. Shortly after independence, India was able to shut off the Central Bari Doab Canals at the time of the sowing season. This caused significant damage to Pakistan's crops. However, clashes over Kashmir in the early years seemed to have been more about ideology and sovereignty. However, the 14 "Leading News Resource of Pakistan." Daily Times, 23 November 2004, archived from the original on 16 January 2009, retrieved 2 February,

24 想象, 无限可能 IMAGINE INFINITY minister of Pakistan has stated the opposite 15. The Indus Waters Treaty was signed in 1960, giving exclusive rights over the three western rivers (Jhelum, Chenab, and Indus) to Pakistan, and over the three eastern rivers (Sutlej, Ravi and Beas) to India, as long as this does not reduce or delay the supply to Pakistan. India therefore maintains that they see no more problems with this issue. Human rights abuses Since the eruption of Kashmir conflicts, the Kashmiris have been trapped under an occasion that they could suddenly lose a relative, a friend, or a neighbor. Tragedies happening all the time were created by abusive Indian Government Forces, armed militant groups supported by Pakistani Government. The former claims its goal as better protection for Kashmiris from militants and Islam extremists, while the latter claim independence and grantee for the safety of Muslim Kashmiris. But what has to be mentioned is that in reality, both sides have committed widespread and numerous human rights abuses and violations of international humanitarian law, creating among the civilian population a pervasive climate of fear, distrust, and sadness Ayesha Siddiqi, "Kashmir and the politics of water Kashmir: The forgotten conflict", Al Jazeera, retrieved 24 May, "Everyone Lives in Fear", Patterns of Impunity in Jammu and Kashmir, HUMAN RIGHTS WATCH VOL. 18, NO. 11 (C) September

25 第八届国际关系学院模拟联合国大会 THE 8TH UIR MODEL UNITED NATIONS CONFERENCE New Factors Involved New factors represented by religious extremism and terrorist forces play roles in the new situation in Kashmir. Whereas the two elements have melted as one in a way, influencing each other, either aspect shouldn't and couldn't be mentioned unilaterally. Since the 1980s, the appeal of autonomy in Kashmir has become less realizable on account of the continuing of the militarization of India, and this gave rise to the anger and dissatisfaction of the citizens as well as those Muslims in Kashmir with their status weakening. While the so poor region could not offer a society with political democracy, it could not offer enough jobs, either. A number of less-educated civilians and unemployed graduates tended to join those extremist organizations and participate in those terrorist acts to vent their anger. Consequently, terrorist forces further developed. Various Islamic extremist organizations, separatist and terrorist organizations with distinct goals established in Pakistan or local Kashmir, and frequently carried out plenty of terrorist acts aiming at authority or civilians in Kashmir, especially in Jammu and Kashmir administered by India. The acts not only threatened the safety of life and property of innocent civilians accounting for part of the cause of human rights abuses but also caused damage to the local infrastructures. The terrorism issue has further complicated the Kashmir situation for the following reasons. Firstly, it was the feature of the terrorist groups that serves as an obstacle they always divide themselves and recombine, creating more barriers when authorities try to investigate existing groups clearly and tackle it appropriately, making the issue harder to address from the very beginning. Secondly, some of the terrorist groups even established close connections with external groups such as Taliban in Afghanistan under the influence of international Islamic fundamentalism and the Afghanistan War, in which some incited Muslims, later backbone members in Islamic extremist organizations of Kashmir, had once taken part. More crossborder affairs therefore have been involved. Thirdly, the long-term standoff between India and Pakistan on the Kashmir issue also facilitated the rapid development of terrorist forces, the back activate of which was the deepening of the misunderstanding between two sides. India accused Pakistan of supporting the terrorism in Jammu and Kashmir and launching proxy wars, due to which two sides had a lot direct military stand-offs and skirmishes later on. This already extremely unstable, delicate society therefore became 100% passive both internally and externally. 25

26 想象, 无限可能 IMAGINE INFINITY After so much mediation underperformed, this area is still in chaos and even mires in a new dilemma. Terrorist / Extremist / Insurgent Groups - Jammu and Kashmir Original from list_j&k.htm 26

27 第八届国际关系学院模拟联合国大会 THE 8TH UIR MODEL UNITED NATIONS CONFERENCE Mediation The UN Security Council passed resolution 39 (1948) to establish the United Nations Commission for India and Pakistan (UNCIP) to investigate the issues and mediate between the two countries. Following the cease-fire of hostilities, it also established the United Nations Military Observer Group for India and Pakistan (UNMOGIP) to monitor the ceasefire line. The Security Council of United Nations passed United Nations Security Council Resolution 47 (1948), which required that Pakistan and Indian Army withdraw from the areas of Pakistan-administered Kashmir. Furthermore, it recommended to the government of India to establish Plebiscite Administration to hold fair and impartial referendum as soon as possible, a nominee of the Secretary-General of the United Nations to be appointed as the Plebiscite Administrator, release all political prisoners, invite the major political groups to share the administration at the ministerial level while the plebiscite is being prepared and carried out. UN Official statement: The boundaries and names shown and the designations used on the map do not imply official endorsement or acceptance by the United Nations. The Security Council Resolution 47 (1948) also enlarged the membership of the UNCIP to 5 members. The Karachi Agreement, formally called the Agreement Between Military Representatives of India and Pakistan Regarding the Establishment of a Cease-Fire Line in the State of Jammu and Kashmir, was signed on 27 July 1949, which established a cease-fire line to be supervised by the military observers. After the termination of the UNCIP, the Security Council passed Resolution 91 (1951) and established a United Nations Military Observer Group in India and Pakistan (UNMOGIP) to observe and report violations of ceasefire. After the Indo-Pakistani War of 1971, the two countries signed the Simla Agreement in 1972 to define the Line of Control in Kashmir. India and Pakistan disagree on UNMOGIP's mandate in Kashmir because India argued that the mandate of UNMOGIP has lapsed after the Simla agreement because it was specifically established to observe ceasefire according to the Karachi Agreement. However, The Secretary-General of the United Nations maintained that the UNMOGIP should continue to function because no resolution has been passed to terminate it. 27

28 想象, 无限可能 IMAGINE INFINITY Current main different views India Pakistani army not withdrawing 1. 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. Two-Nation Theory 2. India does not accept the two-nation theory that forms the basis of Pakistan's claims and considers that Kashmir, despite being a Muslim-majority state, is in many ways an "integral part" of secular India. Pakistan 1. Pakistan claims that Indian forces were in Kashmir before the Instrument of Accession was signed with India and that therefore Indian troops were in Kashmir in violation of the Standstill Agreement, which was designed to maintain the status quo in Kashmir. 2. According to the two-nation theory, one of the principles that is cited for the partition that created India and Pakistan, Kashmir should have been with Pakistan, because it has a Muslim majority. The human rights condemn 3. India points out reports by human rights organizations condemning Pakistan for the lack of civil liberties in Pakistan-administered Kashmir. According to India, most regions of Pakistani Kashmir, especially Northern Areas, continue to suffer from lack of political recognition, economic development, and basic fundamental rights. The role-playing of Maharaja 4. The Constituent assembly of Jammu and Kashmir had unanimously ratified the Maharaja's Instrument of Accession to India and 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 3. Human rights organizations have strongly condemned Indian troops for widespread rape and murder of innocent civilians while accusing these civilians of being militants. 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. 4. Pakistan was of the view that the Maharaja of Kashmir had no right to call in Indian because it held that the Maharaja of Kashmir was not a hereditary ruler and was merely a British appointee, after the British defeated Ranjit Singh who ruled the area before the British conquest. 28

29 第八届国际关系学院模拟联合国大会 THE 8TH UIR MODEL UNITED NATIONS CONFERENCE those of the Kashmiri people at the time. Inciting the people or the Militants 5. Insurgency and terrorism in Kashmir are 5.Former Pakistani president General deliberately fueled by Pakistan to create Pervez Musharraf on 16 October 2014 said instability in the region. The Government of that Pakistan needs to incite those fighting India has repeatedly accused Pakistan of in Kashmir, We have source (in Kashmir) waging a proxy war in Kashmir by providing besides the (Pakistan) army People in weapons and financial assistance to terrorist Kashmir are fighting against (India). We just groups in the region. need to incite them, Musharraf told a TV channel. The plebiscite 6. United Nations Security Council 6. India has shown disregard for the Resolution 1172 tacitly accepts India's resolutions of the UN Security Council and stand regarding all outstanding issues the United Nations Commission in India between India and Pakistan and urges the and Pakistan by failing to --hold a plebiscite need to resolve the dispute through mutual to determine the future allegiance of the dialogue without the need for a plebiscite state. The reason for India's disregard of the in the framework of UN Charter. In 2017 resolutions of the UN Security Council was India's Union Home Minister, Rajnath given by India's Defense Minister, Kirshna Singh, demanded that Pakistan desist Menon, who said: Kashmir would vote to from demanding a plebiscite in Jammu and join Pakistan and no Indian Government Kashmir, saying: 'If at all a referendum is responsible for agreeing to plebiscite would required, it is needed in Pakistan, where survive. people should be asked whether they want to continue in Pakistan or are demanding the country's merger with India. Diversity or Instability 7.In a diverse country like India, disaffection 7.The popular Kashmiri insurgency and discontent are not uncommon. Indian demonstrates that the Kashmiri people no democracy has the necessary resilience to longer wish to remain within India. Pakistan accommodate genuine grievances within suggests that this means that Kashmir either the framework of India's sovereignty, unity, wants to be with Pakistan or independent. and integrity. The Government of India has expressed its willingness to accommodate the legitimate political demands of the people of the state of Kashmir. 29

30 想象, 无限可能 IMAGINE INFINITY As for Aksai Chin Region and Shaksgam Valley China India Pakistan Aksai Chin is an integral part Aksai Chin is a part of of China and is not part of the the Kashmir region and Kashmir region. Shaksgam Shaksgam Valley doesn't Valley gifted by Pakistan in belong to China belongs to China. Aksai Chin and Shaksgam Valley belong to China. Indians were keener to keep control of Kashmir than Pakistanis. 67% of urban Indians want New Delhi to be in full control of Kashmir 18. A poll by an Indian newspaper shows 48% of Pakistanis want Islamabad in full control of Kashmir. 47% of Pakistanis support Kashmiri independence." 19 Administered by Area Population % Muslim % Hindu % Buddhist % Other India Kashmir valley ~4 million 95% 4% Jammu ~3 million 30% 66% 4% Ladakh ~0.25 million 46% 50% 3% Pakistan Gilgit-Baltistan ~1 million 99% Azad Kashmir ~2.6 million 100% China Aksai Chin Statistics from the BBC report "In Depth" 18 Jaiswal, Sheo (Feb 6, 2017), "Not J&K, Pakistan needs referendum: Rajnath Singh", The Times of India. 19 "87 pct in Kashmir Valley want independence poll", Reuters 30