You are on page 1of 25

1|PresMUN 2017

Table of Contents

Directors Welcome 3
History of the committee . 4
Background and History of the Problem
Path to Indias Dependence 4
Existence of Two Separate Dominions . 6
War and Accession 7
Prolonged Suspicious Relations 10
Current Situations
Terrorism 11
Competition over Energy Sources . 14
Territorial Disputes 15
Human Rights Abuses 16
Past International Actions . 18
Bloc Positions . 20
QARMAS 22
Bibliography 23

2|PresMUN 2017
I. Directors Welcome
Dear Delegates,
It is a great honour to welcome you to the United Nations Security Council of
President MUN 2017. Directing this special council is quite familiar for us since this
council mostly discussing all issues related to security matter, which is the topic we
kind of. Before going further, let us introduce ourselves.
Muhammad Habib is a third-year International Relations student at
Universitas Indonesia. Habib started Model United Nations in his freshman year, and
since then he actively participates either as a delegate or as a director in several
conferences. His highest achievements are including: snatched the Best Delegate in
the Historical NATO Model United Nations of Istanbul 2015 and also became a part
of Universitas Indonesia Delegation for Harvard World MUN 2016 in Rome, Italy.
He is currently taking care of Universitas Indonesia MUN Club as its Secretary
General.
M. Rendy Utomo Rachim is also a second-year student in President
University, majoring in International Relations and taking the concentration of
Defense Studies. Model UN is currently the activity that he is most passionate about.
He grew up in a debating world yet, going to Model UN world is like the best
decision that he has ever made. Because, it has given him a lot of lessons in terms of
Diplomacy, Manners as well as Unity. As a delegate, he has competed in 6 MUNs
and has gained award in every each of them, 6 awards in total not much, but he is
trying to grow even more! He has attended approximately 5 Model UN conferences in
this year as a Board of DAIS.
Muhammad Ilham Razak is an International Relations student in President
University. He experienced MUN for the very first time in his first semester of
college, he started to become a MUN enthusiast. During his journey in MUN World,
Razak has joined many MUN Competitions and grabbed several awards. He received
a package of most outstanding and best position paper awards in his first try of MUN
Exhibition by President University. He also won the best position paper in ALSA
UNPAD 2017, and lately just won honourable mention in Moestopo MUN. Razak is
still developing himself and eager to join many MUN competitions ahead, including
becoming a delegate of Jakarta MUN 2017 in United Security Council.

3|PresMUN 2017
Lastly, we would like to wish you the best of luck, and we hope that this Study
Guide will enlighten you about the conflict in Kashmir well enough. See you in
September!

Warmest Welcome,
Board of UNSC Directors President MUN 2017

II. History of the Committee


Started in 1945 when the Second World War had just ended, five winner countries
China, Russian Federation, France, the United Kingdom, and the United States
assembled to ratify the UN Charter and to create the Security Council afterwards.
During the creation process, those countries established themselves as five permanent
members of the Security Council and endowed their positions with the unique ability
to veto resolutions. 1 Twenty years after, the UN Security Council reformed their
memberships to include 10 temporary member-countries who are elected by the
General Assembly for a two-year term.2 Based on chapter V of the UN Charter, those
countries are mandated to bear the primary responsibility for maintaining
international peace and security through set forth principles for such an agreement;
undertake investigation and mediation; dispatch a mission; appoint special envoys,
and request the Secretary-General to use his good offices. 3 In addition to that, the
Security Council also has the mandate to issue cease-fire directives; and dispatch
military observers or a peacekeeping force when disputes lead to hostilities. 4
However, in the case of all aforementioned instruments do not go well, the Security
Council may choose for enforcement measures, including but not limited to imposing
economic sanctions and travel bans; establishing a blockade; or even collective
military action.

III. Background and History of the Problem


a. Path to Indias Independence
The long unresolved conflict on Kashmir between India and Pakistan
has displayed its root cause since the very beginning of the Indian

1
(The UN Security Council n.d.)
2
(United Nations Security Council n.d.)
3
(United Nations n.d.)
4
Ibid.,

4|PresMUN 2017
Independence Movement in 1857. Kashmir, a princely state located in
northern part of Indian subcontinent was a part of British Raj, a country before
India ruled by British Crown between 1857 until 1947.5 As a princely state,
Kashmir was one of the privileged provinces ruled by local people, which has
its semi-sovereign principality subjected to form of indirect rule by the British
government. During the time, the Princely state was used by the British as
their sources of support to maintain the authority by applying policies based
on Subsidiary Alliances.6 In addition, the princely state had their privilege to
conduct its own internal affair while the external affairs and defence policies
were determined by the British government. Thus, the existence of princely
states was later become the starting point of the Kashmir conflict during the
time of Independence Act in 1947.
As the time went by, the British regime in India has shown its decline
while the nationalism spirit grew from the heart of Indian people.
Independence movement started to emerge by the creation of Indian National
Congress in 1885, the first Indian political party whose objective is to obtain a
greater share in government for Indians and to create a platform for civic and
political dialogue between educated Indians and the British Raj.7 Initially, this
party was created in order to help British government as their interpreter
between Indian civilians and the stakeholders. However, it turned out that
Indian National Congress was the starting political movement of Indians to
fight for their independence from British colonialization. The movement
encompasses the social and political reform which would give India greater
autonomy. As for example, the Congress Party led by Mahatma Gandhi began
the non-violent non-cooperation movement in protesting the British policy
toward the salt tax which notable in that regard in Salt March in 1930.8
On the other side, British power during this time seemed eventually
would meet to its end as their power weakened by many factors. First,
Britains strategy of a gradual devolution of power by deliberately put
Indianisation of the administration through Indian National Congress.
Second, the involvement of Britain itself in World War Two make difficult to

5
(Kaul 2011)
6
(India's Daily E-Magazine & Current Affairs 2011)
7
(Encyclopedia Brittanica n.d.)
8
(Simon and Landy 15)

5|PresMUN 2017
control in a full power. Third, the existence of the Labour Party which took
control of Britain thus supports Indian for self-rule, and last is the US foreign
policy to pressurize the end of western subjugation and imperialism.9

b. Existence of Two Separate Dominions


Despite the Indian national congress embraces Indian nationalist to be
united, many Indian Muslims did not see this as a good thing to accommodate
their rights and position in India. Thus, the Muslim league was formed in
1906. The league was initially encouraged by the British and was generally
favourable to their rule. But eventually, the organization adopted self-
government for India as its goal in 1913.10
There were a lot of challenges and difficulties between these two
political parties in spite of having a common purpose to gain independence for
Indians from British Rule. It was in the 1930s where the League wanted
greater representations for Muslim in an instalment of a representative form of
India government after Independence. 11 However, the Indian Congress was
not interested in having any special provisions for any minorities and rejected
the greater provisions for Muslim affairs. Conversely, the league wanted a
separate nation for Indias Muslims because it feared that an Independent
India would be dominated by Hindus. 12 The idea of separation by Muslim
League from India got tensed in the 1940s. There were a lot of ideas coming
around regarding this dispute offering to the government congress for the
partition but it lacked mechanism especially in setting the boundaries between
the Muslim state and Hindus state.13
Despite the effort of Mahatma Gandhi to encourage India to be united,
the partition idea cannot be put off any longer as the leader of Muslim League,
Muhammad Ali Jinnah, as well as many nationalist in India National
Congress, opposed the idea from Gandhi. It was in the August 1946, where
Calcutta (now Kolkata) was the witness of horrifying religious riots between
Hindus and Muslim. Roughly about 20,000 Muslims and Hindus were killed

9
(Kaul 2011)
10
(Encyclopedia Britannica n.d.)
11
(Rose 2013)
12
(ibid)
13
(ibid)

6|PresMUN 2017
and ten of thousands were wounded critically because of the erupted demand
from Muslim League to separate from India after the independence. 14
Muhammad Ali Jinnah called on Muslims to engage in direct action to support
the creation of Pakistan.
As the British power in India is no longer adequate to govern, In
August after the Direct Action Day 1947, Lord Mountbatten the leader of
British Raj- set the partition of India that should be put to the Indian
Independence Act, gave a birth to two newly nations in August which were
India (dominated by Hindus) and Pakistan (dominated by Muslim).
As soon as the partition set, the British government at the very last
time let the princely states to join either Pakistan or India through the
Instrument of Accession. As the result, mass migration occurred across the
new boundaries as well as an estimated loss of a million lives in the communal
bloodbaths involving Hindus, Muslims and also Sikhs in the many regions.
Kashmir, a princely state located on the boundary of Pakistan and India after
the Independence Act refused to join any of the nations because this princely
state ruled by Hindus while the majority was Muslims. Conversely, the latter
war between India and Pakistan over Kashmir led this to the mass migration of
Muslims, Hindus and Sikhs to resettle within the new borders. 15 It was an
upheaval which led to violence, financial loss and death on a large scale.

c. War and Accession


After the independence act in 1947, it is not a doubt that India and Pakistan
have had prolonged suspicious relations. After all, the conflict and tension
between these countries are not only focusing on the Kashmir territorial
dispute, but also encompasses the religious hatred, proxy wars, and inter
communal violence. There are at least 4 wars had happened between these
countries since the independence.

Indo Pakistani War 1947


Indo Pakistani War 1947 was a war between the newly independent nations of
India and Pakistan. Not long after the partition agreement, it was recorded that

14
(Cosgrove 2014)
15
(ibid)

7|PresMUN 2017
562 princely states decided to join between these two nations through the
instrument of accession by the British government.16 However, the Kashmir
princely state was a special case. Kashmir, the state located between Pakistan
and India boundaries refused to join any nations since the ruler of the state
was Hindus but at the same time, the majority of the people in that state was
Muslims. The king, Hari Singh chose to remain free, but his majority Muslim
population reacted angrily to that decision, violently rebelled and demanded to
join Pakistan. As the response, Pakistan sent troops to the area in purpose to
gain control of the state. In the threatening situation, the King requested
military aid from India, however, the country would only help if King Singh
agreed to accede Kashmir to India17.
Pakistan rejected to recognize Kashmir accede Indian state. They
continued fighting for Kashmir, capturing some cities and forcing out Hindus.
Indian forces kept up the defence as well and taking back control of some
areas and securing others. The intensity of the conflict finally led Indian
leaders to approach the United Nations who ultimately introduced observers in
June 1948. A UN brokered ceasefire went into effect with the decision of
India to have control of Jammu, Ladakh, and Kashmir Valley while Pakistan
controls Azad Kashmir and Gilgit-Baltistan. It was estimated around 6,000
people were killed and approximately 14,000 people were wounded during the
war. 18 The agreement also established a ceasefire line between two nations
which later will become a Line of Control under the Simla Agreement in
1972.19

Indo Pakistani War 1965


The second war occurred in 1965 were instigated by several events. First was
India movement to take control over the Rann of Kutch Region in the Indian
State of Gujarat. Then Pakistan reacted by sent troops to patrol and Indian-
controlled region, which they believed that local people extremely wanted to
get rid out of the Indian control. This move then was followed by many
attacks on both sides in April in 1965. In a very high tension, Pakistan

16
(South Asia Terrorism Portal n.d.)
17
(Kashmir Libary n.d.)
18
(Global Security n.d.)
19
(United Nation n.d.)

8|PresMUN 2017
launched The Gibraltar Operation in August of 1965 where it began invading
the Indian state of Jammu and Kashmir.20 India reacted with a full strike in
West Pakistan. In spite of the war that only lasted for 17 days, it was believed
that it resulted in thousands of death. The war was admitted as the largest
grouping troops since independence and the largest tank battle since the World
War Two.
However, the UN initiated to end the war with the involvement of the
United States and the Soviet Union to negotiate peace talks. Pakistan and India
have both claimed as the winner of this war but disappointed with the United
States and Britain who had not supported their position as their allies. This led
both countries to shift its allies with the Soviet Union and China. Eventually,
India and Pakistan signed the Peace of Treaty of Tashkent Declaration in
which resulted that both parties agreed to return conquered territories,
removed its troops and returned to the ceasefire border established in 1949.21

Indo Pakistani War 1971


The third war between India and Pakistan were not involving the dispute over
the Kashmir territory. This time, it was about the separation of West Pakistan
and East Pakistan (Bangladesh). The involvement of India regarding this issue
was because of India location in the middle of the two countries. East Pakistan
felt exploited by West Pakistan, which at that time held the majority of
political power. As of March 1971, East Pakistan political party won the
election but the West Pakistan refused to recognize the result. This moment
resulted in political unrest in East Pakistan. Meanwhile, West Pakistan
responded with military force, thus causing the Bangladesh Liberation War
which began the declaration of independence as Bangladesh.22
As the consequence of the political unrest in Bangladesh, there were
lots of violence occurred and many of its residents sought refuge in India. The
official government of India decided to intervene the civil war by supporting
this newly Independence state. Some reported that Indias decision was
prompted by the past relation between India and Pakistan, but the others

20
(World Atlas 2014)
21
(ibid)
22
(Dummet 2011)

9|PresMUN 2017
reported that it was due to the number of refugees that India needed to reduce.
India eventually began to support the rebel troops in Bangladesh. In response,
Pakistan attacked an Indian military base in December of 1971. The attack
from Pakistan was the official start of the war between Pakistan and India.
Pakistani troops finally surrendered and signed the Instrument of
Surrender over the Bangladesh which established the Peoples Republic of
Bangladesh.23 This 14-day war took the highest number of casualties of any
Indo-Pakistani conflict. It was reported according to Independent researchers
that there were about 300,000- 500,000 people died. But the Bangladesh
government puts the casualties at three million people.24

Indo Pakistani War 1999


This war is also known as the Kargil War, in which took place in the Kargil
District of Kashmir state and along the Line of Control in May and July. It
started when Pakistan sent troops across the Kashmir border to join rebels in
the Indian district of Kargil. India took revenge with a significant military
force involving Air Indian Force to recapture the majority people of Kargil
District. Pakistan was forced to withdraw its invasion over the rest of district
after facing many international pressures. This war damaged Pakistan because
of the critics from many countries for starting the conflict and suffered
economic loss due to the threat of decreased international trade. It was
estimated that around thousands of people were killed during the war.25

d. Prolonged Suspicious Relations


A suspicious and estranged relation have made both of these countries
compete their military forces and defences to each other. One of the infamous
facts is that these both countries competing in Nuclear Arm racing.
The nuclear competition started by India in 1974 by detonating the
device at the Pokhran region of the Rajasthan state. Despite Indian claimed

23
(Dummet 2011)
24
(ibid)
25
(World Atlas 2014)

10 | P r e s M U N 2 0 1 7
this event as a peaceful nuclear explosion but it was clear that it was also
part of an accelerated covert nuclear program of India.26
This definitely prompted a great concern to Pakistan with the fear it
would be at the mercy of its long-time arch rival. Pakistan then had its own
covert atomic bomb projects in 1972 which extended over many years after
the first Indian nuclear was detonated. In 1974, Pakistans atomic bomb
advanced to a great speed and accelerated its atomic project to successfully
build its own atomic program.27
Both of India and Pakistan never joined the Non-Proliferation Treaty
which could be a dangerous thing since these countries are close to each other
and possess nuclear weapons. India and Pakistan both publicly demonstrated
their nuclear weapon capabilities of tit-for-tat nuclear tests in May 1998.
Throughout the time, India is estimated to have an arsenal of 110-120 nuclear
warheads while Pakistan is estimated to have an arsenal of 130-140 warheads.
Pakistan is currently expanding its nuclear arsenal faster than any other
country and developing new delivery systems for its warheads. 28 Pakistan and
India are also the only countries in Asia after China which have the capability
in nuclear weapons. Moreover, they ranked 4th and 5th of the 9 countries which
have the nuclear arsenals.29

IV. Current Situations


a. Terrorism
Since 1989, various violence occurred in Kashmir which encompasses terrorist
attacks by Islamic militant separatist as well as Kashmir nationalist to get away
from Indian government control. There have been a bunch of experienced
extensive terrorism by militants and oppressive counter-measures by the Indian
government since then. The roots of the conflict between the Kashmiri insurgents
and the Indian Government are tied to a dispute over local autonomy. Some
groups are in favour of Kashmir accession to Pakistan, while the rest seek
Kashmir independence. Cross-border artillery shelling by both Indian and
Pakistani military unit has prompted to further casualties, tensions, and property

26
(Johnson n.d.)
27
(Johnson n.d.)
28
(Arms Control Association 2017)
29
(Arms Control Association 2017)

11 | P r e s M U N 2 0 1 7
damage. Some reports claimed that 600,000 Indian troops operate in the entire
Kashmir region to suppress the rebellion. Estimates of 20,000 to 60,000 lives have
lost since the current troubles.
In the Pakistani side, the official government claims that the insurgents are
native Kashmiris who have been forced into rebellion by Indias repressive
policies and tactics, the corruption of India's political system, Kashmirs weak
economy and high unemployment. It is reported that Indian army has been
responsible for torture, rape, and murder to suppress the right of the Kashmiri
people to decide their own political future through a plebiscite. Meanwhile, on the
other side, Indian government accused that Pakistan is the source of the problem.
India firmly argued that Pakistan is the one who started by establishing terrorist
training camps in the early 1980s to help the Afghans resisted the Soviet Unions
invasion of Afghanistan. As the United States gave Pakistan considerable
economic and military aid to help ensure the defeat of the Soviet, it argued that
Pakistan used this aid for financing and training terrorists to force the Soviets out
of Afghanistan. However, once the Soviets were ousted from control of
Afghanistan, the Pakistan-trained terrorists turned to the holy war on behalf of
Islam against "enemies" of Islam. The most prominent of these enemies were
Israel, the United States, and most importantly, India. These terrorists have carried
out border incursions, shelling, and terrorism in purpose to frighten Hindus into
leaving Kashmir, to radicalize the Muslim population and to convince them that
Kashmir should become a part of Pakistan.
Both Pakistan and India realized that the number of terrorist coming into the
territory of Pakistani-administered Kashmir has dwindled significantly. There
have been fifteen major terrorist attacks in Kashmir by various terrorist groups
including the latest one, Uri attack in 2016. At least there are 4 terrorist groups
known to inhabit the Kashmir area both in Administrative of India as well as in
the administrative area of Pakistan.

Lashkar-e-Taiba
This terrorist group was established as the militant wing of a charity by Mr. Saeed
to provide the induction of foreign militants into Afghan war against the Soviet
Union in 1980. Lashkar-Taiba rose as the most threaten militant group in
Kashmir, taking the fight to Indian cities outside of Kashmir including a strike in
12 | P r e s M U N 2 0 1 7
Delhi of Indian Parliament in 2001. There was also the Mumbai Attack in 2008
which claimed 165 lives and those of the nine gunmen in the late 1990s.30
In 2002, Pakistani government banned this group. However, in order to get
away from the ban, this group changed its name to be Jamaat-ud Dawa. Pakistani
ban on militant activity in Kashmir in 2006 did not stop this group as it continued
to attempt insurgency into Indian-administered Kashmir. These attempts were
curtailed however when people living along the Line of Control which divide
Indian and Pakistani Kashmir started to hold public protests against their
activities.

Hizbul Mujahideen
Hizbul Mujahideen was formed in formed in 1989. This terrorist group has had
close links with the ISI, an intelligence official of the Pakistan government. This
group is determined to be the first militant group that organized well and the
largest of Kashmiri militant groups. This group reported by many analysts to be
pro-Pakistani as it has reported being closely affiliated with the Pakistani religious
party, Jamaat-e-Islami. It still maintains a token presence in Indian administrative
Kashmir. Hizbul Mujahideen is now confined to a few isolated pockets, with its
militants based in mountain hideouts instead of villages over which they formerly
held sway. This group at first was fighting for Independence of Kashmir but then
change its position to support the acceding of Kashmir to Pakistan. This group has
commanded wide support and respect among Kashmiri Muslims.31

Jammu and Kashmir Liberation Front


The JKLF is a nationalist secular group which seeks the independence of Kashmir
both from Pakistan and India. It declared war on India by orchestrated a bomb
attack in Srinagar on 31st of July 1988 which in effect marked the start of the
insurgency. Drawing on the popular base of Kashmir's nationalist movement, the
group was formed in 1977. It also organized resistance to Indian rule with help
from the Pakistani military regime of General Zia-ul Haq which believed that

30
(Who are the Kashmir Militants 2012)
31
Ibid

13 | P r e s M U N 2 0 1 7
since Islamabad had failed to wrest control of Kashmir from India, it might as
well back a movement for its independence.32
However, when the insurgency was successfully launched, Pakistan decided to
withdraw support from JKLF and instead back groups that wanted Kashmir's
accession to Pakistan. The JKLF, as a result, found itself sandwiched between
Indian security forces and pro-Pakistan militants. By 1990, much of its cadres had
been either dispersed, destroyed or absorbed into other groups. Its leadership also
split into factions, some of them renouncing militancy. These groups are now
coming together in a non-violent political movement for the reunification of
Pakistani and Indian Kashmir.

b. Competition over Energy Sources


Right after the Great Britain colonised both countries, India and
Pakistan have declared their freedom to the international community. The new
independence has raised, the other conflict might come. The existence of the
Line of Control does not seem to calm the conflict down. Furthermore, it
triggers them more to have a full control of Kashmir region. This situation has
created instability in the countries who are involved. The condition might
become worst, despite having a debate on the territorial approaches, the
interests of both countries are also extended to Kashmirs river as the new
source of tensions. Currently, the big river which flows through Kashmir has
been providing billion of people in India and Pakistan good quality of water
supply. No wonder, many people have been relying on this Kashmirs river on
their daily needs. In India for example, the river is very helpful in providing
assistance on Indias agricultural sector and not only that, this water is also
used for countrys religious ceremonies and practices. In Pakistan, the water is
used to keep the farm land as well as to fulfil the needs of the people on water,
seeing this country, to some extent, face an extreme poverty and hunger.
Their efforts on fighting over Kashmir might be potentially triggered
by the potential natural resources that their country can get. Here are several
contentious issues that need to be addressed as follows: 33 1) The Baglihar
Hydel Power Project (BHP). The 900 megawatt (MW) BHP Project on the

32
(Terror Atack in Kashmir 2017)
33
(Sridhar n.d.)

14 | P r e s M U N 2 0 1 7
Chenab River, Jammu, is feared by Pakistan because it would be able to divert
considerable downstream flows and could also be used to cause floods in the
riparian areas within Pakistans territory. 2) The Tulbul Navigation Project
(TNP). The project was intended to maximize the utilization of water at
Indias largest fresh water lake and also to make the Jhelum river navigable in
summer. Unfortunately, Pakistan claimed that the TNP has violated the IWT
and the TNP itself is high potential to be used as a geostrategic weapon by
controlling the rivers flow. The last discussion about TNP only endured until
August 2007. 3) The Kishenganga Project (TKP). The aim of this project is to
make inter-tributary sources of water more transferable. Unfortunately,
Pakistan also objected the TKP due to its belief that the transfer will not be
based on the equal gain. This particular meeting has to be able to bring some
common denominator in regards to the control over resources in the Kashmir
region.

c. Territorial Disputes
In the current status quo, Kashmir territorial dispute has been considered to be
the most restricted areas. Even journalists are restricted to go around this
region without being followed by the military supervision. Kashmir territorial
dispute has involved three major countries who possess nuclear power; they
are China, India and Pakistan. Since the presence of Mumbai attacks which
has been done by Pakistani Militants, there have been the increasing numbers
of violence as much as 80% on the border between India and Pakistan, Indian
defence minister has stated. Even if the ceasefire agreement has taken place in
the very first place, but it seems to fail in preventing the numbers to get
increased. In the year of 2013, India has been considered to take control
approximately 43% of the region, these regions are Jammu, the Kashmir
Valley, Ladakh and the Siachen Glacier. On the other hand, Pakistan has
successfully controlled at least 37% of Kashmir region, these regions are,
Azad Kashmir and the northern areas of Gilgit and Baltistan. The rest of the
percentage which is 20% has been occupied by China. But, the claims do not
stop there, they are even advancing their military personnel in order to
maintain their interest in this India and Pakistan conflicts over the Kashmir

15 | P r e s M U N 2 0 1 7
region.34 The tensions do not show significant progress, it has always been
triggered by the trust issue which exists among those two countries. We can
see, when an Indian military base which is located in the north-western
Punjab, not far from the border with Pakistan, was attacked and has created as
many as 164 deaths, the Indian officials try to link the attack to the Pakistan
government, stating that those attacks are launched by the official government
of Pakistan. But, Pakistan has declared that they do not have any kind of
involvement in that attack.35

Picture 1.1
India-Pakistan Territorial Dispute in Kashmir
Source: The Economist

d. Human Rights Abuses


Human Rights violations are one of several important aspects in discussing
contemporary Kashmiri dispute. This issue has been flying around since India
prevailed Special Power Act in 1990, which stipulated Jammu and Kashmir as

34
(Conflict 2010)
35
(Agrawal 2016)

16 | P r e s M U N 2 0 1 7
a disturbed area.36 The act empowers officers: 1) to fire upon or otherwise
use force, even the causing of death not only in case of self-defense but
against any person contravening laws or orders prohibiting the assembly of
five or more persons; and 2) to argue that they are on active duty at all times
and that therefore all actions carried out in state, including human rights
violations can only be tried by military courts. 37 A few forms of human rights
violations based on this act including extrajudicial executions, enforced
disappearance, rape and torture. According to a report by the International
Peoples Tribunal on Human Rights and Justice in Kashmir, it is stated that at
least there are 1,080 victims of extrajudicial killings, and 172 people were
enforcedly disappeared between 1990-2014. 38 One victim noted is Abdul
Rasheed who was alleged as a militant. He was extra-judicially executed near
Pathribal Village on 25 March 2000 by Indian Armed Forces. 39 Unfortunately,
after a long period of investigation, army authorities dismissed the charges
against the five accused personnel citing lack of evidence. Another victim
noted is a 16-year-old boy Zahid Farooq Sheikh. He was killed in 2010 by the
Border Security Force personnel in 2010 as he was walking home from
playing cricket in Srinagar.40 Based on Amnesty International Report, Zahids
family had petitioned to have the case tried in a civilian court because they did
not have access to any information, and he also feared intimidation or
harassment from the Border Security Control.
Besides extrajudicial killings, sexual abuse such as rape and
molestation has also been widely practised by the Indian Security Forces on
women and children in Kashmir. An example that should be scrutinized is
rape in Shopian. It happened on the night of October 10, 1992, when an army
unit of the 22nd Grenadiers entered the village of Chak Saidapora, Shopian on
a search of operation for suspected militants.41 During that operation, it was
noted that at least nine women, including an eleven-old girl and 60-year old
woman, were gang-raped by several of the army soldiers. Not only in Shopian,
rape cases were also found in Haran. The incident occurred on July 20, 1992,
36
(Amnesty International Ltd. 2015)
37
(Amnesty International Ltd. 2015)
38
(Burke 2015)
39
(Amensty International, P. 37)
40
(Ibid.,)
41
(Rape in Kashmir: A Crime of War n.d.)

17 | P r e s M U N 2 0 1 7
during an army search operation near the town of Haran. The victim said that
five soldiers came into the courtyard and ordered her to give them some water.
While did so, two of the soldiers dragged her into her room and then one of
them removed her clothes, slapped her, and raped her afterwards. 42 Lastly, the
rape cases also occurred in Gurihakar on October 1, 1992. A victim stated that
security forces put his gun to the baby and told her to put him aside.43 When
she refused to do so, the army beat her with the gun butt on her back, covered
her mouth with his hand, took off her clothes, and finally, he raped her. Apart
from all these rape cases, there is still another inhuman policy in Kashmir,
which is preventing medical personnel from administering medical aid to the
injured or raped. Ambulance drivers are frequently stopped and beaten up.
Medical vehicles have been fired upon and also prevented from transporting
the patients.44 Moreover, India is also trying to neglect the fact that it has been
there by rejecting the visit of UNHRC Fact Finding Mission to Kashmir
recently.45 Paying attention to this situation, therefore the Security Council is
obliged to resolve the aforementioned issues in this particular meeting.

V. Past International Actions


Within history, uncountable efforts have been attempted to settle the Kashmiri dispute. One
of many leading actors involved is the United Nations. The following points state the
significant UN Strategic Measurements and its timeline: 46
January 28, 1948: The establishment of United Nations Commission for India and
Pakistan (UNCIP) composed of representatives of United Nations, one to be selected
by India, one by Pakistan, and the other by the first two. The commission should
proceed to the spot immediately and keep the Security Council informed of its
activities and of the development of the situation.
July, 1949: the United Nations sent the United Nations Military Observer Group in
India and Pakistan (UNMOGIP) to supervise ceasefire after the 1948 War.
September 23, 1949: The UNCIP proposed a joint conference in order to submit
differences between conflicting parties.

42
(Ibid., Asian Watch, P. 12)
43
(Ibid., P. 13)
44
(Mohjuddin 1997)
45
(India to reject UN team's request to visit Kashmir, expose Pakistan's role in unrest 2016)
46
(Dash 1950)

18 | P r e s M U N 2 0 1 7
February 24, 1950: The Security Council concluded that the UNCIP has failed due to
the inability of this body in reducing the tension, and started to use an influential UN
Representative as a mediator in settling Kashmiri dispute.
March 14, 1950: The Security Council selected Sir Owen Dixon as a UN mediator.
He started the Tripartite Conference on Kashmir a few months after taking the
responsibility.
August 22, 1950: Unfortunately, Owen Dixon declared that there was no immediate
prospect of India and Pakistan to compromise any of their differences over Kashmir.
Following this declaration, Dr. Frank P. Graham was appointed by the Security
Council to replace Dixon.
September 19, 1952: After several rounds of efforts, Dr. Graham finally reported to
the UNSC that he had failed to effect an agreement between two conflicting parties.
But, the next UNSC step was approving the Anglo-American resolution on Kashmir,
calling for renewed negotiations between India and Pakistan.
September 22, 1965: the Security Council formed another UN India-Pakistan
Observation Group (UNIPOM) to monitor the cease-fire line after the 1965 War.
March 22, 1966: the UNIPOM was terminated and the Military Observer Group were
also gradually withdrawn.
April 1971: The Security Council endorsed the Line of Control (LoC) based on Simla
Agreement 1971. Based on this LOC, two-thirds of the Jammu-Kashmir remained
under the control of India, including Ladakh. One-third under Pakistans control,
including Azad Jammu and Kashmir, and Gilgit-Baltistan.

After 1971, there is not any significant measurement from the United Nations to settle
the Kashmiri issue. This is particularly due to either the endeavour is blocked by India or
simply countries too hesitant to intervene domestic problems. Nevertheless, there are also
Organization of Islamic Cooperation (OIC) and South Asian Association for Regional
Cooperation (SAARC) that take actions over Kashmiri. In regards to the former, Pakistan has
frequently proliferated this organization since its 4th Summit in Casablanca 1984.47 The OIC
extends strong and unanimous support to Pakistan on all issues related to the Kashmir. One
of the examples of this support is by appointing Abdullah Bin Abdul Rahman as a special
envoy of OIC on Jammu and Kashmir in 2009, in order to help resolving the Kashmir issue

47
(Hanif 2014)

19 | P r e s M U N 2 0 1 7
according to the aspirations of the Kashmiri People.48 While the OIC shows a tendency to
side with Pakistan in seeing the conflict, SAARC at least tries to put the same weight on each
conflicting partys view. One of the notable examples is the SAARC provides several rounds
of composite dialogue to address the issues of Kashmir. Unfortunately, due to the nature of
the organization that holds the consensus principle, it makes this organization quite voiceless.

VI. Bloc Positions


a. European Union
The conflict which happens between India and Pakistan in the disputed area of
Kashmir has attracted the attention of the European Union, as one of the most
influential regional cooperation in the world. The European Union believes that
we should be able to decrease the tensions among both countries because it does
not portray the idea of peace and stability. The tensions which arise in this India
and Pakistan conflict could lead to the expansion of disadvantages that might
influence whole dimensions of stability. Regardless of the numbers of awful
impacts which have been created by India and Pakistan conflict, European Union
will be way more focus on its human rights issues. Their interests in focusing on
the human rights issues are real. In response to the crisis, European Unions
diplomatic engagements will have human rights embedded in its foreign policy.
They believe that this issue is very urgent and sensitive where people are dying
due to the increasing number of terrorist's presence. Human rights violation is
considered to be the most significant problem that needs a quick response from
both parties and the international community. No wonder, European Union
member states are more than willing to give financial aids and also donated
money to NGOs which aimed to promote human rights even if they believe that
authorities in some countries restricted their activity, including Indias
authorities.49

b. United States of America


India and Pakistan have fought over Kashmir since 1947 and dragged the United
States of America to be one of the key players in managing and resolving the
dispute. One of the interests of the U.S. foreign policy is to take care of this South

48
(OIC appoints special envoy on Kashmir 2016)
49
(Reader 2017)

20 | P r e s M U N 2 0 1 7
Asias conflict which is why after the 9/11 incident, the United States has been
able to close ties to both countries. The fact that both India and Pakistan possess
nuclear weapons has made the United States have the intention to stop both
conflicted countries even before the 1998 nuclear tests. It is possible to have a
bilateral negotiation as an effective approach to resolve the issue and normalize
the relations between those two countries. The position of the United States under
Bush administration which is considered to have a good relationship with both
India and Pakistan should be one of the considerations to have the United States
as the party who can effectively facilitate the bilateral talk between India and
Pakistan. They can be believed to be the light of the dark, the opportunity to be
the provider of proper crisis management and building peace measurement for this
Kashmir conflict.50
November 2010, the former United States president, Barrack Obama, took a
10-day trip to Asia to focus on the economic issue. But, his first stop was in India
and put back a concern on the long-running tension between India and Pakistan on
the conflicted area of Kashmir region. The United States seems to be in a position
which is very complicated. Pakistan has always welcomed the external party who
is willing to involve for the settlement of the issues, like the United States active
involvement in this issue. But, India still believes on their stance that there should
not be any external parties on this issue and should be better discussed in a strict
bilateral context.51

c. Peoples Republic of China


Chinese Premier, Li Keqiang, said that China will stand with Pakistan. Chinas
stance is clear that in the India and Pakistan conflict, China will support and speak
for Pakistan every forum. They see that Pakistan has been the victims of terrorist
actions, thus they hope for a better condition for the conflict which can be created
by a mutual understanding. In order to resolve the conflict, China has stated their
willingness to be ready to play a constructive role in order to repair or even
improve the unstable relations between India and Pakistan. These efforts are
wished to help the conflicting countries to reduce their tensions that might
potentially lead to any harms that affect the whole dimension of peace and

50
(Behera 2002)
51
(Yusuf 2010)

21 | P r e s M U N 2 0 1 7
security. The support which has been officially declared by China has made them
have a stronger relation with Pakistan.52
The changes of policies of China regarding Kashmir territorial dispute surely
will affect the regional stabilization and management attempts. Chinas
involvement as a direct related third party in India and Pakistan conflict, always
make China have a concern in the efforts of reducing tensions among both
conflicted parties. China would like to call a peaceful resolution which will lead to
a dialogue and consultation among countries in the conflict. China believes it is
very necessary, especially when it comes to nuclear-armed countries.53

VII. QARMAs
a. India and Pakistan do not seem to be on the same stance regarding the active
involvement of external party in solving the dispute. India believes that this
dispute can still be addressed through a dialogue between both countries that
are in conflict without any intervention of external parties. Seeing the impacts
which have been resulted by this conflict, how can UNSC respond to Indias
stance? What approaches that UNSC should take to effectively respond to the
crisis which happens in the conflicted area?
b. Kashmir territorial disputes have proven to create thousands of deaths and
human rights violations. Who should be responsible for preventing this
matter? What kind of preventive measure that the UN can take to decrease the
number of victims in India-Pakistan conflict? Who will ensure the safety of
people in Kashmir during the conflict?
c. The tensions among both countries that have been proven to possess a nuclear
a weapon are getting higher by time. What can the UNSC do to prevent the
birth of the declaration of war?
d. Are there any possibilities to officially divide Kashmirs region equally to the
conflicting countries or make Kashmir remain a state for the sake of quick
settlement of the conflict?
e. How should the UNSC address the conflict between India and Pakistan over
water sources? What kind of measures that can be implemented?

52
(FirstPost 2016)
53
(Chang 2017).

22 | P r e s M U N 2 0 1 7
f. Seeing the fact that there are many terrorist groups operated within Jammu
and Kashmir territory, what is the best action to tackle it?

VIII. Bibliography
Arms Control Association. 2017. Nuclear Weapons: Who Has What at a Glance . January.
Accessed June 3, 2017.
https://www.armscontrol.org/factsheets/Nuclearweaponswhohaswhat.
_____. 2017. Arms Control and Proliferation Profile: Pakistan . January.
Accessed June 3, 2017.
https://www.armscontrol.org/factsheets/pakistanprofile#nuclear.
"DENIED: Failures in accountability for Human Rights Violations by Security Force
Personnel in Jammu and Kashmir." (Amnesty International Ltd) 2015: 6-70
"Rape in Kashmir: A Crime of War." Asian Watch 5, no. 9 (1993): 1-16
Mohjuddin, Lubna. "Human Rights Violations: A Case Study of Kashmir." Pakistan Horizon
50, no. 2 (1997): 75-97.
Agrawal, Ravi. Could India and Pakistan go to war? September 29, 2016.
http://edition.cnn.com/2016/09/21/asia/india-pakistan-kashmir-conflict/index.html
(accessed June 1, 2017).
Behera, Navnita Chadha. Kashmir: Redefining the U.S. Role. October 30, 2002.
https://www.brookings.edu/research/kashmir-redefining-the-u-s-role/ (accessed June
1, 2017).
Burke, Jason. Indian forces in Kashmir accused of human rights abuses cover-up. September
12, 2015. https://www.theguardian.com/world/2015/sep/12/indian-forces-kashmir-
accused-human-rights-abuses-coverup (accessed June 1, 2017).
Chang, I-wei Jennifer. Chinas Kashmir Policies and Crisis Management in South Asia.
February 9, 2017. https://www.usip.org/publications/2017/02/chinas-kashmir-
policies-and-crisis-management-south-asia (accessed June 1, 2017).
CNN. Kashmir Fast Facts. March 29, 2017.
http://edition.cnn.com/2013/11/08/world/kashmir-fast-facts/index.html (accessed June
3, 2017).
Conflict, Insight on. Kashmir: Conflict profile. December 2010.
https://www.insightonconflict.org/conflicts/kashmir/conflict-profile/ (accessed June 1,
2017).
Cosgrove, Ben. 2014. 'Vultures of Calcutta': The Gruesome Aftermath of India's 1946 Hindu-
Muslim Riots. May 24. Accessed June 1, 2017. http://time.com/3879963/vultures-of-
calcutta-the-gruesome-aftermath-of-indias-1946-hindu-muslim-riots/.
Dash, Taraknath. "The Kashmir Issue and the United Nations." Political Science Quarterly
65, no. 2 (June 1950): 262-282
Dummet, Mark. 2011. Bangladesh war: The article that changed history. December 16.
Accessed June 1, 2017. http://www.bbc.com/news/world-asia-16207201.
DW. Water security the new front in Kashmir struggle between India, Pakistan. September 2,
2010. http://www.dw.com/en/water-security-the-new-front-in-kashmir-struggle-
between-india-pakistan/a-5935413 (accessed June 2, 2017).
Encyclopedia Britannica. n.d. Muslim League. Accessed June 2, 2017.
https://www.britannica.com/topic/Muslim-League.
_____. n.d. Indian National Congress. Accessed June 2, 2017.
https://www.britannica.com/topic/Indian-National-Congress.

23 | P r e s M U N 2 0 1 7
First Post. China stands with Pakistan on Kashmir issue: Li Keqiang to Nawaz Sharif.
September 21, 2016. http://www.firstpost.com/world/china-stands-with-pakistan-on-
kashmir-issue-li-keqiang-to-nawaz-sharif-3014342.html. (accessed June 1, 2017).
Global Security. n.d. Indo-Pakistani Conflict of 1947-48. Accessed June 1, 2017.
http://www.globalsecurity.org/military/world/war/indo-pak_1947.htm.
Hanif, Raja Amir. "Pakistan, OIC and the Challenges of Muslim World." JPUHS 27, no. 1
(Jan-June 2014): 47-58
India's Daily E-Magazine & Current Affairs. 2011. Subsidiary Alliance System. June 5.
Accessed May 29, 2017. http://www.gktoday.in/subsidiary-alliance-system/.
India to reject UN team's request to visit Kashmir, expose Pakistan's role in unrest. August
15, 2016. http://timesofindia.indiatimes.com/india/India-to-reject-UN-teams-request-
to-visit-Kashmir-expose-Pakistans-role-in-unrest/articleshow/53702563.cms
(accessed June 1, 2017).
Johnson, Donald. n.d. India-Pakistan Relations: A 50-Year History. Accessed June 5th, 2017.
http://asiasociety.org/education/india-pakistan-relations-50-year-history.
Kashmir Library. n.d. Kashmir War : 1947 Timeline. Accessed June 1, 2017.
http://www.kashmirlibrary.org/kashmir_timeline/kashmir_chapters/1947.shtml.
Kashmir Reader. Kashmir conflict very sensitive, says EU . February 23, 2017.
http://kashmirreader.com/2017/02/23/kashmir-conflict-sensitive-says-eu/ (accessed
June 1, 2017).
Kaul, Dr. Chandrika. 2011. BBC. 03 03. Accessed June 1, 2017.
http://www.bbc.co.uk/history/british/modern/independence1947_01.shtml.
OIC appoints special envoy on Kashmir. Dec 17, 2016.
http://www.thehindu.com/news/national/OIC-appoints-special-envoy-on-
Kashmir/article16884467.ece (accessed June 1, 2017).
Rose, Christoper. 2013. Episode 19: Inside the Indian Independence Movement. April 17.
https://15minutehistory.org/2013/04/17/episode-19-inside-the-indian-independence-
movement/ (accessed June 1, 2017).
Simon, Johnny, and Benjamin Landy. 15. Gandhi's Salt March, The Nonviolent Journey that
Changed the World. December 3. http://www.msnbc.com/msnbc/inside-gandhis-salt-
march-the-nonviolent-journey-changed-the-world#slide2. (accessed June 2, 2017).
South Asia Terrorism Portal. n.d. Instrument of Accession, 1947.
http://www.satp.org/satporgtp/countries/india/states/tripura/documents/actsandordina
nces/instrument_accession_1947.htm. (accessed June 1, 2017).
Sridhar, Seema. Kashmir and Water: Conflict and Cooperation.
https://www.ideals.illinois.edu/bitstream/handle/2142/15473/kashmir_and_water_con
flict_and_cooperation.pdf?sequence=2 .
Terror Atack in Kashmir. May 24, 2017. http://timesofindia.indiatimes.com/topic/Terror-
attack-in-Kashmir (accessed June 1, 2017).
The UN Security Council. n.d. http://www.unfoundation.org/what-we-do/issues/united-
nations/the-un-security-council.html?referrer=https://www.google.co.id/ (accessed
June 19, 2016).
United Nations. 1949. Agreement between Military Representatives of India and Pakistan
Regarding the Establishment of a Ceasefire Line in the State of Jammu and Kashmir
(Karachi Agreement). http://peacemaker.un.org/indiapakistan-karachiagreement49.
(accessed May 30, 2017).
United Nations. n.d. http://www.un.org/en/sc/about/ (accessed June 19, 2016)
United Nations Security Council. n.d. http://www.britannica.com/topic/United-Nations-
Security-Council (accessed June 19, 2016).

24 | P r e s M U N 2 0 1 7
World Atlas. 2014. Indo-Pakistan Wars - 1947, 1965, 1971, And 1999.
http://www.worldatlas.com/articles/indo-pakistan-wars-1947-1965-1971-1999.html.
(accessed June 2, 2017).
Yusuf, Moeed. On the Issues: U.S.-Pakistan-India. November 16, 2010.
https://www.usip.org/publications/2010/11/issues-us-pakistan-india (accessed June 2,
2017).

25 | P r e s M U N 2 0 1 7