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TABLE OF CONTENTS

1. Letter from Secretary-General


1.1 Letter from Under-Secretary-General
2. Introduction to the Committee
3. Methods of Research
4. Introduction to the Agenda 
4.1 Geographic and Demographic
Context                                                                                                           
           
5. Country Policy
6.  Issues to Consider 
6.1 The Sovereignty and Autonomy of Kashmir
6.2 Nuclear Weapons
6.3 Terrorism vs. Protest
6.4 Violence and Accountability for Security Forces
7. Timeline of Pertinent Events
8. Keywords
9. Questions for Consideration
10.Bibliography
Letter From Secretary General

 My lovely delegates, academic, and organization team members


On behalf of our team, it is my honor to welcome you all to the Akdeniz Model
United Nations Conference 2022. 
  
     Our team is well-versed in the matter and working hard and I am truly grateful for
their efforts. When I take into consideration them, I can say we will be presenting
one of the best conferences you will ever see.
As for the committees, our topics are paralleled to the current issues around the globe
and I believe you will accomplish great things by debating and discussing the topics
that we saw fit for the committees. While your missions are to determine the
solutions in order to prevent the problems which may be encountered due to topics if
they went unsupervised, our missions are to educate and entertain you throughout the
conference.
 
     Apart from our missions, our intentions are to hone you, important and respected
participants, in your best shape with your initiatives at these conferences, which you
will reap the benefits later on in your academic, social, or business life.  
   
     While concluding, in addition to my amazing memories with you, my attendees,
in order to create more and much better memories I invite all of you significant
attendees to our conference with warm a heart and open arms.

     Kindest regards
     Secretary General
     Bedirhan CURA
Letter from Under-Secretary-General

 
Esteemed Participants,

It is my utmost pleasure to welcome you all to Akdeniz Mun 2022’s very own SPECPOL.
The conflict of Kashmir has been one of the longest unresolved issues throughout the history
of the United Nations which was the main reason I chose to select only one agenda item for
four full days. I really am excited to go in depth of this issue and possibly create new
remarkable points. During the committee the main aspects we will handle the issue at hand
will be its political, agminal and social aspects. My amazing academic assistant Aybars
Karahan and I have prepared this study guide for you to grasp a better understaning upon this
conflict . Even though we have designed this study guide thinking about the questions you
might have about the agenda item, if you have any further questions about the agenda or the
committee please do not hesitate to contact me or Aybars on any and all questions you might
have via our contact informations listed below. I am very glad I am getting to meet all of you
soon and hopefully having wonderful time all togehter but for now I can only wish you all a
productive beggining while reading this guide, may it be the start of your creative ideas and
efficient solutions.

Kind Regards,

Ceren Kırca

Under-Secretary-General of SPECPOL

                                                                                        Contact Information

*cerenkirca.ck@gmail.com     

                                                                       *aybaruss@gmail.com

2. Committee Description

The United Nations Fourth Committee, Special Political and Decolonization Committee, was
initially formed to deal particularly with decolonization. At first, it dealt with the affairs of
territories that were placed under UN trusteeship, that is, under the control of the UN until
these territories became an independent state. It then took on some of the duties of the
Disarmament and International Security Committee (DISEC), allowing DISEC to focus on
military issues such as nonproliferation of nuclear. As a result, SPECPOL now concerns itself
with many international political matters, specifically those resulting from a territorial dispute
or a former colonized power.

In recent years SPECPOL has focused on questions of autonomy and independence for areas
including Palestine, Western Sahara, the Falkland Islands, and several European colonies in
the Caribbean and Oceania. It also has discussed related refugee issues, mine action (for
instance in Vietnam), outer space, and the safety implications of nuclear tests. 
For our purposes, it is important to note that SPECPOL is part of the UN General Assembly,
and therefore that it is solely a body for discussion; it issues recommendations but has no
binding power. In exploring our topics, We encourage you to focus more on the many ways in
which the UN, other international bodies, member states, and the private sector have engaged
actively with these issues. This will provide a solid foundation for your research, allowing
you to propose solutions that demonstrate innovative thinking and an understanding of current
policy. It is perfectly within SPECPOL’s purview to recommend these policies to other actors,
even if we do not have the jurisdiction or resources to implement them directly.

3. Methods of Research 

This self-paced guide aims to give delegate flexibility in their approach to research the
following steps are meant to provide guidance about some possible strategies and minimum
expectations for completing this research successfully: This Study guide is meant to be
relevant and practical. 

• Before you begin to research, first run through the entire Study Guide. Pay attention to the
articles and section titles to get an overall idea of what will be involved as you proceed. 
• Strive to understand concepts and overall perspectives regarding the United Nations system
and the charter.
 • Set personal guidelines and benchmarks regarding how you want to prepare your speech
and documentations.
 • Study the research content and the learning the core matter objectives. At the beginning of
each study, guide yourself to the main topics.. Read the study guide carefully twice to ensure
maximum understanding and mental faculty. 
• At the end of each research segments, take the imperative notes that are relatable to the
study.

4. Introduction to the Agenda

The Kashmir conflict is the oldest and the most serious dispute between Pakistan and India.
The initial start of disagreement for the region started back in 1947 and to this day it still
remains unsolved. The region, which is divided into an Indian, a Pakistani and a small
Chinese part, has witnessed three Indo-Pakistani wars since 1947. Throughout these three
conflicts there were many allegations of human rights violations despite the United Nations
having been present in the region from the first minute. After the Second World War, India
gained independence from Great Britain; Nehru – India’s first prime minister- took the
conflict of Kashmir to the United Nations. Nehru promised the regional leaders of the Indian
part of Kashmir the Right to Self Determination however he did not keep his promise which
led to him, unwittingly, starting a conflict which would last for decades.

To grasp a better understanding on this issue one would have to get acquainted to Indian-
Pakistani relationships. The first of the many wars between India and Pakistan was fought in
1947 over Kashmr and it resulted in Kashmir being divided along the Line of Control which
is also called the Berlin Wall of Asia. After the war, both countries claimed sovereignty in the
region. The second of wars happened thereaway 20 years later, right after India’s poor
outcome in the India-China war. The second war resulted in Chinese occupation of the
Eastern part of Kashmir, also known as Aksai Chin, in 1962. China is in control of the region
to this day.

4.1 Geographic and Demographic Context   

The map shows the parts of Kashmir which are administered by Pakistan, India and China,
and the de-facto Lines of Control. Almost all Pakistani Kashmir’s 3.5 million residents are
Muslim, and Chinese-controlled Aksai Chin is essentially uninhabited. Indian administered
Kashmir can be split into three regions. The Kashmir valley has 4 million residents, of which
95% are Muslim. However, 66% of the 3 million residents of the southern region of Jammu
actually identify themselves as Hindu, and in the eastern region of Ladakh, 40% of the
population is Muslim while 40% is Buddhist.

5. Country Policy

India

In terms of the immediate border conflict with Pakistan, India declares that the entire state of
Jammu and Kashmir is a part of India. In response to international calls for a plebiscite to
decide the fate of the region, India maintains that the continued participation of Kashmiri
people in Indian national elections amounts to recognition of Indian sovereignty. As a result,
any unrest in the region is considered an internal issue, so India is unlikely to accept much
international intervention (military, economic, or otherwise) in the region. India also
emphasizes that Chinese-controlled Aksai Chin is part of India, and has long asked for
negotiations with China to establish a Line of Actual Control (de facto border) and prevent
future conflict.

Pakistan

Pakistan is likely to reiterate calls for a plebiscite (referendum) to decide the future of
Kashmir. They are likely to support foreign intervention in the area, as this internationalizes
the Kashmir issue and gives their claims greater credibility. This applies to both political
recommendations and humanitarian aid. Pakistan is also unlikely to support active efforts to
limit the influence of grassroots political or militant groups in Kashmir—many are popular in
Pakistan and some have links with Pakistani intelligence services.

China

Because of its conflict with India over Aksai Chin, China has generally quietly sided with
Pakistan in the border conflict—China and Pakistan signed a deal that settled their own border
dispute long ago. However, China has long resisted agreeing to a Line of Actual Control (de
facto border) with India, which leaves the possibility open of spontaneous conflict between
the two powers there. However, China is also eager to sign trade and investment deals with
India, which dampens any incentive to engage in diplomatic hostility.

United States and Western Europe


While the US has traditionally maintained a neutral point of view in the Kashmir conflict, its
allegiances have shifted over the years. During the Cold War, it was a strong backer of
Pakistan; in recent years, while its relationship with Pakistan has grown in importance post-
9/11, India’s economic growth has also made it a key regional partner. The US is also likely
to be concerned about global terrorism, so it will be eager to stop any Islamic fundamentalists,
particularly those from abroad, from causing havoc in Kashmir. Western European countries
are likely to follow the US’s lead on these issues, particularly out of an eagerness (given
recent events) to limit the growth of terrorism. They are also likely to be the most concerned
about potential human rights violations and the lack of prosecution of them, so the reported
use of excessive force by the Indian military is likely to be of interest.

Russia and the Eastern Bloc

Russia and its allies also refrain from expressing an official policy on the issue. However,
Russia is a longtime military ally of India, and many of the weapons and strategies in place on
the Line of Control are originally Russian. Given that Russia and its allies are generally more
protective of national sovereignty and give less legitimacy to international intervention on the
basis of human rights, they are also less likely to support active intervention in Kashmir.

Middle East and North Africa

This region is primarily Muslim, and therefore is likely to support the rights of Muslim
Kashmiris. Most will advocate for a political solution such as the long-awaited referendum.
Some may tacitly approve covert action—for instance, it is suspected that some of the militant
groups active on the border are funded by citizens of the oil-rich Gulf States (UAE, Saudi
Arabia, Qatar, etc.). While support for Kashmiri independence is not as prominent a cause
across the Muslim world as, for instance, the fate of Palestine, it is likely that in the case of a
larger flare-up these countries would come to the protestors’ aid. 

Latin America, Asia, Sub-Saharan Africa 

While most other countries do not have a direct stake in the conflict, their policy is likely to
be influenced directly by the diplomatic and economic relationships they have with India and
Pakistan. As Indian economic growth continues to impress, its diplomatic sway will increase
as well. Given past experiences with colonialism, most of this group of countries will likely
be wary of intrusive military interventions but should support peacekeeping and diplomatic
efforts. 
6. Issues to Consider

6.1 The Sovereignty and Autonomy of Kashmir

As the History section shows, Kashmiri sovereignty is on questionable legal ground. Whether
Kashmir belongs to India, Pakistan, China, or a combination is a question for the committee
to discuss. India maintains, as a result of Hari Singh signing the Instrument of Accession and
of Article 370 of the Indian Constitution, that Kashmir is clearly Indian territory—and
therefore that any international discussion in it simply constitutes meddling in Indian
domestic affairs. Pakistan has reiterated the need to hold a referendum on Kashmiri
sovereignty under the terms of the 1948 Security Council resolution on the issue. While many
Kashmiris support this, India would strongly oppose it given public sentiment in the region.
There appears to be waning international support for a referendum as well, as the UN no
longer considers Kashmir to be a disputed territory. There are also many questions
surrounding Kashmir’s viability as an independent state. Given its strategic location and lack
of military forces, many fears that an independent Kashmir would quickly be annexed by
Pakistan, even if many of those fighting for independence from India desired a separate
country. A slightly more productive discussion may take place over additional autonomy for
the Indian state of Jammu and Kashmir. Depending on the interpretation of Article 370, there
is scope for a broad devolution of powers from the Indian central government to the Jammu
and Kashmir state authorities. In addition, many powers—for instance, of policing— remain
with the army considering the Armed Forces Special Powers Act. There is precedent for
devolution of powers to autonomous regions in other parts of the world, and delegates are
urged to find inspiration there for successful solutions.

6.2 Nuclear Weapons

While no nuclear weapons are physically located in Kashmir, the fact remains that both India
and Pakistan possess nuclear weapons. It is crucial for delegates to consider the consequences
of this for the Kashmir conflict— a quick, unchecked escalation could be catastrophic. This
situation almost manifested itself in 1998-99, when both India and Pakistan separately tested
nuclear weapons and delivery systems. Neither country has signed the Nuclear Non-
Proliferation Treaty (NPT), so their nuclear arsenals are technically outside the jurisdiction of
most international agreements. The NPT makes a clear distinction between Nuclear Weapons
States (currently the USA, UK, France, Russia, and China) and Non-nuclear Weapons States
(all other signatories). The P5 nations have systematically refused to recognize India and
Pakistan as nuclear weapons states, as this would constitute official recognition of their
development of nuclear arsenals outside international power structures. As a result, India and
Pakistan are unwilling to sign the agreement, which would require them to voluntarily give up
all weapons and become non-nuclear states. Delegates must consider how to resolve this
disagreement, and in the short-term how to facilitate conflict resolution outside the framework
of the NPT.
6.3 Terrorism vs. Protest

Because of insurgent groups’ ambiguous connections both with the Kashmiri people and the
Pakistani government, regulating their activities becomes a highly contentious issue. Groups
like the Jammu and Kashmir Liberation Front (JKLF), which enjoy popular support among
Kashmiris, are still organizing protests where stone-throwing and other violence takes place.
While the suppression of the JLKF by Indian forces may ensure peace and quiet, it also erodes
what little support exists for the Indian government among the Kashmiri people. This issue
becomes even more complicated with Kashmiri-filled militant groups like Hizbul
Mujahideen, who are openly violent but are still comprised of locals. Finally—and this is an
area where the international community can have more influence—the committee must decide
whether foreign intervention in the Kashmir conflict should be allowed or suppressed. Despite
being classified as a terrorist group by both India and the United States, Lashkar-e-Taiba
continues to function in Pakistan (perhaps with the help of the ISI). Its leader Hafiz Saeed is
free to give speeches and interviews. Let is controversial as it is primarily made up of
foreigners, and because its hardline Islamist views are not shared by most Kashmiris. The
committee will need to consider whether groups like LeT should be checked, and if so, how to
successfully limit their influence. The international community has a long history of working
together to combat terrorism through information sharing and other efforts, so those may be a
good starting point. 

6.4 Violence and Accountability for Security Forces

One longtime sticking point, and one that the international community continues to be
interested in, is the question of what constitutes an “acceptable” use of force by the Indian
Army. India, for instance, accepts pellet guns as a necessary peacekeeping tool because they
do not kill but only result in injury as a side effect of keeping the peace. Yet, many inside and
outside Kashmir are critical of the guns because they do cause permanent physical damage
and have been used on civilians. Also, The Armed Forces Special Powers Act (AFSPA) has
also been a target of the criticism because it essentially grants Indian soldier’s impunity.

There has been a report released by Amnesty International in 2015 that highlighted cases in
which soldier had not been prosecuted despite accusations of murder, kidnapping, or rape.
The report laid out several recommendations, including that the AFSPA be repealed, that the
Indian military and civilian justice systems swiftly hold trials for the accused, that information
be made available to families on those who have disappeared, and that India ratify and respect
relevant international treaties. Depending on country policy, delegates will support some
combination of these and should find some creative ways to enable collaboration on this issue
with the Indian government. 

7, Timeline of Pertinent Events


1947 End of British rule and creation of Musilim majority Pakistan and Hindu majority
India.

1948 India brings Kashmir to a security council resolution, resolution 47, which calls for a
referendum on the status of the territory and calls for Pakistan to remove troops,
and for India to keep theirs to a minimum. However, this fails as Pakistan rejects
the resolution and Kashmir is partitioned.

1957 The constitution of indian administered Jammu and Kashmir defines itself as part of
india, and article 370 is established.

1971
Pakistan loosed indo-Pakistani war, and negotiations culminate in the Simla
- agreement.
1972

1987 After disputed state elections there is widespread insurgent violence which India
blames on Pakistan.

1989 Pakistan conducts first nuclear weapons tests.

1999 Lahore declaration, a historic peace treaty signed between Pakistan and India.

Feb 2019 44 Indian soldiers were killed in Kashmir.

August Indian governments seizes over 150 separatists in Kashmir.

2019

Oct 31 India revokes Kashmir’s autonomy.

2019

8. Keywords
Article 370: Article in the Indian Constitution that specifies Kashmir’s autonomy within India.
It reserves some rights particularly for Kashmiris such as private property rights, and it is also
the milestone of the legal arguments for and against India’s hold on Kashmir. 

Armed Forces Special Powers Act (AFSPA): Indian law that allows for extensive military
activities in Kashmir and bypasses many of the safeguards and limitations that military forces
are contrary accountable for. 
ISI: Pakistani intelligence services, often accused of having connections to terrorism inside
and outside Kashmir.

Lashkar-e-Taiba (LeT): Pakistani terrorist group that aims to influence the Kashmir conflict
from outside. Perpetrators of the 2008 Mumbai attacks. Still active in Pakistan; perhaps the
only group capable of attacking India directly

Self-determination: Determination by the people of a territorial unit of their own future


political status.

Hizbul Mujahideen: Pro-Pakistani militant group in Kashmir that is made up mainly of ethnic
Kashmiris.

9. Question for Consideration

1.  Given historical practice and current events, is a referendum a applicable way to


resolve the conflict?

2. Is it realistic for Kashmir to remain an independent third country, even if India were to
allow a vote? 

3. How should tensions between Pakistan, India and China be defused in Kashmir so that
direct conflict, possibly with nuclear weapons, does not occur?

4. Is Indian Army committing human rights violation in Kashmir, if yes, what should be
done to prevent such violation?

5. How can the United Nations effectively facilitate the delivery of economic and
medical aid to the region? 

10. Bibliography
1. https://www.bbc.com/news/10537286
2. https://www.britannica.com/place/Kashmir-region-Indian-subcontinent 
3. https://www.jstor.org/stable/20752915
4. https://california.universitypressscholarship.com/view/10.1525/california/
9780520266773.001.0001/upso-9780520266773-chapter-11
5. https://www.hrw.org/reports/1999/kashmir/summary.htm
6. https://www.usip.org/publications/2019/08/latest-kashmir-conflict-explained 
7. http://pu.edu.pk/images/journal/csas/PDF/10%20Abdul%20Majid_v31_no1_jan-
jun2016.pdf 
8. https://foreignpolicy.com/2021/11/15/india-pakistan-kashmir-partition-hindu-muslim-
modi-bjp-article-370-35a/
9. https://www.thehindu.com/news/national/india-slams-pakistan-for-raising-kashmir-
issue-at-un-calls-it-worlds-biggest-destabilising-force/article36835088.ece
10. https://www.academia.edu/40532938/
LEGAL_ASPECTS_OF_THE_KASHMIR_DISPUTE 

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