SECURITY COUNCIL

STUDY GUIDE

AGENDA: THE STATUS OF KASHMIR.

TABLE OF CONTENTS BRIEF HISTORY

TIMELINE

VIEWPOINTS OF MAJOR COUNTRIES INDIAN VIEW PAKISTANI VIEW CHINESE VIEW

AL-QAEDA INVOLVEMENT

CHINA-PAKISTAN RELATIONS

KASHMIR IN INDIA-U.S RELATIONS

BRIEF HISTORY:
India and Pakistan have fought at least three wars over Kashmir, including the Indo-Pak Wars of 1947, 1965 and 1999 and since 1984 the two countries have also been involved in several skirmishes over control of the Siachen Glacier. India claims the entire state of Jammu and Kashmir and as of 2010, administers approximately 43% of the region, including most of Jammu, the Kashmir Valley, Ladakh , and the Siachen Glacier. India's claims are contested by Pakistan, which controls approximately 37% of Kashmir, namely Azad Kashmir and the northern areas of Gilgit Baltistan (Pakistan Occupied Kashmir). The roots of the conflict between the Kashmiri insurgents and the Indian Government are tied to a dispute over local autonomy. Democratic development was limited in Kashmir until the late 1970s and by 1988 many of the democratic reforms provided by the Indian Government had been reversed and non-violent channels for expressing discontent were limited and caused a dramatic increase in support for insurgents advocating violent secession from India. In 1987, a disputed State election created a catalyst for the insurgency when it resulted in some of the state's legislative assembly members forming armed insurgent groups. In July 1988 a series of demonstrations, strikes and attacks on the

Indian Government began the Kashmir Insurgency which during the 1990s escalated into the most important internal security issue in India. The turmoil in Jammu and Kashmir has resulted in thousands of deaths. There have been protest movements in Indian Administered Kashmir since 1989. The movements were created to voice Kashmir's disputes and grievances with the Indian government, specifically the Indian Military. Elections held in 2008 were generally regarded as fair by the United Nations High Commissioner for Refugees, had a high voter turnout in spite of calls by militants for a boycott, and led to the pro-India Jammu & Kashmir National Conference forming the government in the state. In 1947, British rule in India ended with the creation of a new state: the Dominion of Pakistan and a successor state to British India the Union of India, while British suzerainty over the 562 Indian princely states ended. According to the Indian Independence Act 1947, "the suzerainty of His Majesty over the Indian States lapses, and with 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 remain independent. Jammu and Kashmir, the largest of the princely states, had a predominantly Muslim population, while having a Hindu ruler (Maharaja Hari Singh.) On partition Pakistan expected Kashmir to be annexed to it.

BRIEF TIMELINE:
1987 - Disputed state elections in Indian-administrated Jammu and Kashmir give impetus to a pro-independence insurgency centered around the Jammu and Kashmir Liberation Front (JKLF). India accuses Pakistan of fomenting the insurgency by despatching fighters across the Line of Control, which Pakistan denies. 1990 - The insurgency escalates after the Indian Army kills about 100 demonstrators at Gawakadal Bridge. Attacks and threats lead to the flight of almost all Hindus from the Kashmir Valley area of the state. India imposes Armed Forces Special Powers Act (AFSPA) in Jammu and Kashmir. Indian forces have faced much resistance in Jammu and Kashmir 1990s - The insurgency continues, with Kashmiri militants training in Pakistan and India deploying hundreds of thousands of troops in Jammu and Kashmir. Violence against civilians by both sides is widespread. 1999 - India and Pakistan go to war again after militants cross from Pakistaniadministered Kashmir into the Indian-administered Kargil district. India repulses the attack, accuses Pakistan of being behind it, and breaks off relations.

2001-2004 - Moves to boost relations between the two countries are punctuated by continuing violence, notably an attack on the parliament of Indianadministered Jammu and Kashmir in Srinagar in 2001. 2010 - Major protests erupt in the Kashmir Valley of Indian-administered Jammu and Kashmir over the summer after a demonstrator is killed by the Indian army. The protests abate in September after the government announce measures to ease tension. 2011 August - Chief Minister Omar Abdullah announces an amnesty for the 1,200 young men who threw stones at security forces during the antigovernment protests in the Kashmir Valley the previous year. Indian State Human Rights Commission (SHRC) confirms presence of more than 2,000 unidentified bodies in unmarked graves near the Line of Control. Activists say many may be people who disappeared after being arrested by security forces. 2011 September - Indian forces kill three Pakistani soldiers in firing across the Line of Control. India accuses Pakistan of opening fire first. 2012 August - The Chief Minister of Indian-administered Jammu and Kashmir, Omar Abdullah, says that the security situation there is not yet conducive to the revoking of the Armed Forces Special Powers Act (AFSPA) in the state. 2012 September - Indian President Pranab Mukherjee visits Indian-administered Jammu and Kashmir within two months of taking up office. Despite the threat of protests from separatists, the visit passes off without serious incident. 2013 March - Curfew imposed in Indian-administered Kashmir following a day of violence in which at least eight people were killed.

2013 June-A Junior Commissioned Officer (JCO) of Indian Army is killed in crossborder firing with Pakistani troops in Sabjian area of Mandi sector along the Line of Control (LoC). 2013 July-On the night of 30 July 2013, Indian troops operating on the Line of Control kidnap four Pakistani Kashmiri men. India claims the men were intruders. This was disputed by Pakistan, according to whom the men were local civilians and had strayed close to the Line of Control when they were abducted by the Indians.However, an Indian police official did note that it would be "unusual for an infiltrating group of four terrorists to possess only one assault rifle, and no grenades or communication equipment" 2013 August- Multiple border skirmishes by both sides.

2013 September - Prime ministers of India and Pakistan meet and agree to try reduce the number of violent incidents at their disputed border in Kashmir. 2013 October- Multiple instances of cross border shelling by both parties.

Indian view:
Maharaja Hari Singh signed the Instrument of Accession in October 1947 under which he acceded the State of Jammu and Kashmir to the Union of India. India has officially stated that it believes that Kashmir is an integral part of India, though the Prime Minister of India, Manmohan Singh, stated after the 2010 Kashmir Unrest that his government was willing to grant autonomy to the region within the purview of Indian constitution if there is consensuson this issue. The Indian viewpoint is succinctly summarised by Ministry of External affairs, Government of India. The Constituent assembly of Jammu and Kashmir had unanimously ratified the Maharaja's 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. 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 by United 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. 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 India's

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 fuelled 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 organisations. Specifically, it has pointed out that the Pakistani government continues to support various terrorist organisations, such as Jaish-e-Mohammad and Lashkar-e-Taiba, in direct violation of this resolution. India points out reports by human rights organisations condemning Pakistan for the lack of civic 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.

Pakistani view:
Pakistan maintains that Kashmir is the "jugular vein of Pakistan" and a currently disputed territory whose final status must be determined by the people of Kashmir. Pakistan's claims to the disputed region are based on the rejection of Indian claims to Kashmir, namely the Instrument of Accession. Pakistan insists that the Maharaja was not a popular leader, and was regarded as a tyrant by most Kashmiris. Pakistan maintains that the Maharaja used brute force to suppress the population. 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. Pakistan has noted the widespread use of extrajudicial killings in Indianadministered 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.

Chinese view:
Sovereignty over two large and various smaller separated pieces of territory are contested between China and India. The westernmost, Aksai Chin, is claimed by India as part of the state of Jammu and Kashmir and region of Ladakh but is controlled and administered as part of the Chinese province of Xinjiang. It is a virtually uninhabited high altitude wasteland crossed by the Xinjiang-Tibet Highway. The other large disputed territory, the easternmost, lies south of the McMahon Line. It was formerly referred to as the North East Frontier Agency, and is now called Arunachal Pradesh. The McMahon Line was part of the 1914 Simla Convention between British India and Tibet, an agreement rejected by China. The 1962 Sino-Indian War was fought in both of these areas. An agreement to resolve the dispute was concluded in 1996, including "confidence-building measures" and a mutually agreed Line of Actual Control. In 2006, the Chinese ambassador to India claimed that all of Arunachal Pradesh is Chinese territory amidst a military build up. At the time, both countries claimed incursions as much as a kilometre at the northern tip of Sikkim. In 2009, India announced it would deploy additional military forces along the border. China states that Aksai Chin is a part of China and does not recognise the addition of Aksai Chin to the Kashmir region. 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.

Al-Qaeda Involvement:
In a 'Letter to American People' written by Osama bin Laden in 2002, he stated that one of the reasons he was fighting America is because of its support of India on the Kashmir issue. While on a trip to Delhi in 2002, U.S. Secretary of Defense, Donald Rumsfeld, suggested that Al-Qaeda was active in Kashmir, though he did not have any hard evidence. An investigation in 2002 unearthed evidence that Al-Qaeda and its affiliates were prospering in Pakistanadministered Kashmir with tacit approval of Pakistan's National Intelligence agency Inter-Services Intelligence. A team of Special Air Service and Delta Force was sent into Indian-administered Kashmir in 2002 to hunt for Osama bin Laden after reports that he was being sheltered by the Kashmiri militant group, Harkatul-Mujahideen. U.S. officials believed that Al-Qaeda was helping organize a campaign of terror in Kashmir in order to provoke conflict between India and Pakistan. Their strategy was to force Pakistan to move its troops to the border with India, thereby relieving pressure on Al-Qaeda elements hiding in northwestern Pakistan. U.S. intelligence analysts say Al-Qaeda and Taliban operatives in Pakistan-administered Kashmir are helping terrorists they had trained in Afghanistan to infiltrate Indian-administered Kashmir. Fazlur Rehman Khalil, the leader of the Harkat-ul-Mujahideen, signed al-Qaeda's 1998 declaration of holy war, which called on Muslims to attack all Americans and their allies. In 2006 Al-Qaeda claimed that they have established a wing in Kashmir; this worried the Indian government. Indian Army Lt. Gen. H.S. Panag, GOC-in-C Northern Command, said to reporters that the army has ruled out the presence of Al-Qaeda in Indian-administered Jammu and Kashmir. He said that there no evidence that verifies reports from the media of an Al-Qaeda presence in the state. He stated that Al-Qaeda had strong ties with the Kashmir militant groups Lashkar-e-Taiba and Jaish-e-Mohammed in Pakistan. While on a visit to Pakistan in January 2010, U.S. Defense secretary Robert Gates stated that AlQaeda was seeking to destabilize the region and planning to provoke a nuclear war between India and Pakistan. In September 2009, a U.S. Drone strike reportedly killed Ilyas Kashmiri, who was the chief of Harkat-ul-Jihad al-Islami, a Kashmir militant group associated with Al-Qaeda. Kashmiri was described by Bruce Riedel as a 'prominent' AlQaeda member, while others described him as the head of military operations for Al-Qaeda. Waziristan had now become the new battlefield for Kashmiri militants, who were now fighting NATO in support of Al-Qaeda. Ilyas Kashmiri

was charged by the U.S. in a plot against Jyllands-Posten, the Danish newspaper which was at the center of Jyllands-Posten Prophet Muhammad cartoons controversy. Indian Army Lt. Gen. H.S. Panag, GOC-in-C Northern Command told reporters that the army has ruled out the presence of Al-Qaeda in Jammu and Kashmir, and that there is no evidence that confirms an Al Qaeda presence in the state.

ChinaPakistan relations:
China Pakistan relations began in 1950 when Pakistan was among the first countries to end official diplomatic relations with the Republic of Chinaon Taiwan and recognize the PRC. Since then, both countries have placed considerable importance on the maintenance of an extremely close and supportive relationship. Since then, the two countries have regularly exchanged high-level visits resulting in a variety of agreements. The PRC has provided economic, military and technical assistance to Pakistan and each considers the other a close strategic ally. Diplomatic relations between Pakistan and China were established on 21 May 1951, shortly after the Republic Of China lost power in the Mainland in 1949. While initially ambivalent towards the idea of a Communist country on its borders, Pakistan hoped that China would serve as a counterweight to Indian influence. India had recognized China a year before, and Indian Prime Minister Nehru also hoped for closer relations with the Chinese. However, with escalating border tensions leading to the 1962 Sino-Indian war, China and Pakistan aligned with each other in a joint effort to counter perceived Indian encroachment. Pakistan's military initially depended almost entirely on American armaments and aid, which was increased during the covert U.S. support of Islamic militants in the Soviet war in Afghanistan. With the U.S.-led war in Afghanistan, there is a general sentiment in Pakistan to adopt a foreign policy which favors China over the United States. Washington has been accused deserting Pakistan in favor of a policy that favors stronger relations with India, while Pakistan sees China as a more reliable ally over the long term. Since 9/11, Pakistan has increased the scope of Chinese influence and support by agreeing to a number of military projects, combined with extensive economic support and investment from the Chinese. This is partially due to Pakistan's strategy of playing off the two powers against each other, but also a genuine effort to prevent America's influence in the region from becoming too strong. In return, the Chinese hope to strengthen Pakistan as a counterbalance to American and Indian influence. Last year , the management of Gwadar port was handed over to state-run Chinese Overseas Port Holdings after previously being managed by Singapores PSA International, and it become a matter of great concern for India. On

December 24, 2013, China announced a commitment $6.5 billion to finance the construction of a major nuclear power project in Karachi, the project which will have two reactors with a capacity of 1,100 megawatts each.

Kashmir in U.S.-India Relations:

Barack Obamas landslide victory in the presidential election symbolizes a non violent revolution in U.S. politics. Despite the idle speculation in India that the president-elect may appoint ex-President Bill Clinton as his special envoy on Kashmir and step up non-proliferation pressures on New Delhi, the blunt fact is that India does not figure in his leading priorities. After the vaunted Indo-U.S. nuclear deal which tethers India firmly to the U.S.-led non-proliferation regime and crimps the long-term credibility of the nascent Indian nuclear deterrent through eclectic fetters there isnt much non-proliferation room to keep badgering New Delhi. The deal was a bipartisan U.S. product, with Obama himself contributing to tightening its terms by successfully inserting two legislative amendments one of which restricts Indias uranium imports to reasonable reactor operating requirements, while the other seeks to deter Indian testing by threatening a U.S.-led international nuclear-trade embargo. After all, repeated American attempts at Kashmir mediation or facilitation over the decades have helped the U.S. to leverage its Pakistan ties with India.

Freeze Date: The Freeze Date for this committee will be the 1st of
November 2013. It basically means that committee will be convened on this date, and we will therefore not be aware of any issue occuring after this date.

Questions A Resolution Must Answer:

What are some solutions committee can come up with in an attempt to stop the influx of insurgent groups? What is the sentiment regarding UNSC Resolution 47? Are the measures proposed therein still feasible under the current circumstances? Why or why not? What can be done regarding the Line of Control? Is the Instrument of Accession signed by Maharaja Hari Singh a legitimate document? Why or why not?

How can the Aksai Chin dispute be settled? How can the Human Rights violations arising out of military presence in the region be mitigated?