How Simla agreement is relevant to resolve Kashmir issue

Pakistan’s interpretation:

[From the Agreement]

The Pakistan Government and the Indian Government have agreed as follows:-

(i) That the principles and purposes of the Charter of the United Nations shall govern the relations between the two countries;

(ii) That the two countries are resolved to settle their differences by peaceful means through bilateral negotiations or by any other peaceful means mutually agreed upon between them. Pending the final settlement of any of the problems between the two countries, neither side shall unilaterally alter the situation and both shall prevent the organization, assistance or encouragement of any acts detrimental to the maintenance of peaceful and harmonious relations;

(iii) That the pre-requisite for reconciliation, good neighbourliness and durable peace between them is a commitment by both the countries to peaceful co-existence, respect for each other’s territorial integrity and sovereignty and non-interference in each other’s internal affairs, on the basis of equality and mutual benefit;

(iv) That the basic issues and causes of conflict which have bedevilled the relations between the two countries for the last 25 years shall be resolved by peaceful means;

(v) That they shall always respect each other’s national unity, territorial integrity, political independence and sovereign equality;

(vi) That in accordance with the Charter of the United Nations they will refrain from the threat or use of force against the territorial integrity or political independence of each other.

Under the Simla Agreement on bilateral relations between the Pakistan Government and the Indian Government, they resolved that the two countries put an end to the conflict and confrontation that have hitherto marred their relations and world for the promotion of a friendly and harmonious relationship and the establishment of durable peace in the sub-continent.

Myths and realities

The Simla Agreement has not altered the status of Jammu and Kashmir as disputed territory as:

(a) Para six of the Agreement lists final settlement of Jammu and Kashmir as one of the outstanding questions awaiting a settlement.

(b) Para four (ii) talks of a Line of Control as distinguished from an international border. Furthermore, it explicitly protects the recognized position of either side.

The recognized position of Pakistan is the one which is recognized by the United Nations and the World Community in general.

(c) Article 1(iv) obviously refers to Kashmir when it talks of basic issues and causes of conflict which have bedevilled the relations between the two countries for the past 25 years.

In so far as the impression goes that under the Simla Agreement all differences between Pakistan and India including the Kashmir issue can be resolved only bilaterally is sought to be based on article 1(ii) which states that the differences between the two countries will be settled by peaceful means through bilateral negotiations or any other peaceful means mutually agreed upon between them.

This stipulation merely reaffirms a general principle embodied in the UN Charter.

It cannot preclude the right of Pakistan as a sovereign member State to take any matter or complaint to international fora including the United Nations.

(a) Para 1(i) specifically provides that the UN Charter shall govern all relations between the parties.

(b) Para 1(ii), providing for settlement of differences by peaceful means, does not exclude resort to the means of pacific settlement of disputes and differences provided in the UN Charter.

(c) The Security Council remains seized of the Kashmir issue which remains on the Council’s agenda.

(d) Articles 34 and 35 of the UN Charter specifically empower the Security Council to investigate any dispute independently or at the request of a member State. These provisions cannot be made subservient to any bilateral agreement.

(e) According to Article 103 of UN Charter member States’s obligations under the Charter take precedence over obligations under a bilateral agreement.

(f) Presence of United Nations Observers Group in India (UNMOGIP) at the Line of Control in Kashmir is a clear evidence of UN’s involvement in the Kashmir issue.

Moreover discussion of the Kashmir issue outside the framework of the Simla Agreement does not constitute a violation of that Agreement. Bilateral negotiations are a recognized method of peaceful settlement of disputes. This, however, is not the only method of dispute settlement. Pakistan seeks to sincerely settle the Kashmir issue bilaterally with India through negotiations.

However, should bilateral negotiations fail to resolve the problem, the Simla Agreement does not make extinct Pakistan’s right to take recourse to other methods of peaceful settlement of disputes.

The Simla Agreement placed an obligation on both Pakistan and India to hold negotiations for a final settlement of Jammu and Kashmir. Pakistan has on several occasions expressed its readiness to have a dialogue on this issue.

However, for the past 18 years India has refused to enter into any negotiations taking the plea that the Kashmir issue was already settled.

Courtesy: Pakistan High Commission