@zareen said in PSC201 Assignment 2 Solution and Discussion:
Discuss the role of the UN in the context of India-Pakistan on Kashmir dispute post the abrogation of the Article 370… (15 Marks)
Kashmir’s accession to India was soon complicated by the parties’ unilateral actions and the involvement of the international community.Just months after assuming British India’s position in the United Nations.
India brought the issue of Pakistani interference in Kashmir before the U.N. Security Council on January 1, 1948.3 3 Pursuant to Article 35 of the U.N. Charter, India alleged that Pakistan had assisted in the invasion of Kashmir by providing military equipment, training and supplies to the Pathan warriors. Denying any participation in the invasion, Pakistan leveled counter-charges, accusing India of involvement in the massacres of Muslims in Kashmir, aggression against Pakistan, and questioning the validity of the Maharaja’s accession to India.35 Pakistan requested that the Security Council appoint a commission to secure a cease-fire, ensure withdrawal of outside forces, and conduct a plebiscite to determine Kashmir’s future.36 Without addressing the original complaint lodged by India, the Security Council adopted a resolution establishing the United Nations Commission on India and Pakistan [UNCIP]. The stated purpose of the Commission was to make findings of fact pursuant to Article 34 and to act as a mediating influence.38Shortly thereafter, the Security Council adopted another resolution,this time voicing its support for Kashmiri self-determination and recognizing the need for a plebiscite. The plebiscite would be conducted under the supervision of an administrator appointed by the U.N. Secretary General and certified as fair by UNCIP. The resolution also called for withdrawal of armed Pakistani tribesmen and a reduction41of Indian forces to the minimum necessary.Both parties balked at the terms of the resolution, fearing that the other party would gain a strategic advantage. The situation was complicated by the revelation that regular Pakistani troops were already inside the borders of Kashmir and that the tribal invasion and Indian intervention had evolved into a state of war between India and Pakistan by the time UNCIP arrived. Upon its arrival in Karachi on July 7, 1948,the Commission was informed by Pakistan’s foreign minister that three brigades had already been deployed in clear disregard of the Security42Council’s resolutions, and contradictory to Pakistan’s own statements.
The Pakistani forces were stationed in support of the tribesmen, now assembled as the Azad Kashmir movement, and fighting continued. On August 13, 1948, UNCIP adopted a significant resolution, which contained a three part proposed agreement. Part I called for a cease-fire between the opposing forces. Part II required Pakistan to withdraw its troops and use its best efforts to secure the withdrawal of armed tribesmen, and provided that the evacuated territory would bead ministered by local authorities.4 Upon withdrawal of Pakistani forces and tribesmen, India was to withdraw the bulk of its forces.4 5 Finally,Part III restated the principle that the future of Kashmir should be determined by a vote of its people. A cease-fire was negotiated and signed on January 1, 1949 .Shortly thereafter, the Commission clarified the August 13 resolution,stating that the issue of Kashmir’s accession should be determined by a plebiscite after the requirements of Parts I and II of the resolution were fulfilled. The proposals contained in the August 13 resolution were eventually accepted by India and Pakistan; however, Pakistan placed such conditions on its acceptance that UNCIP was forced to consider it"tantamount to rejection.’ In any event, no withdrawal of Pakistani forces or tribesmen occurred, although later that same year, a cease-fire line was agreed upon, and a U.N. Military Observer Group was eventually dispatched to supervise the line.51Despite its efforts, the Commission was disbanded in favor of individual U.N. Representatives. From 1949 until 1953, these Representatives worked to negotiate a plebiscite in Kashmir but with no success. The U.N. remained active in the Kashmir issue for many years, and the Security Council frequently renewed its call for a plebiscite.