UN RESOLUTION

UN Resolutions On Kashmir: A Quick Look Back

Kashmir is one of the first international conflicts that the United Nations had formally addressed. Following is a snapshot of UN resolutions that directly implicate India as breaking international law.

UNSC RESOLUTION 38 PASSED IN JANUARY 1948

It was India that took the Kashmir dispute to United Nations on 1st January 1948. United Nations immediate response was to pass a resolution that strictly commanded each country to refrain from any activity that may in any way aggravate the situation and result in the loss of human life or property. It informed both countries to keep United Nations in the loop for all future endeavors as Kashmir had become an important focus of the world body.

UNSC RESOLUTION 39 PASSED IN JANUARY 1948

The UN agreed to form a three member committee that would then assist in the peaceful resolution of Kashmir dispute. One member of the Committee was to be chosen by Pakistan and India respectively, while the third member was to be chosen unanimously by the other two members of the committee.

UNSC RESOLUTION 47 PASSED IN APRIL 1948

After hearing arguments from both India and Pakistan, United Nations took the major decision to increase the size of the committee to five members instead of three and established a special commission to travel to the region and deal with the respective governments of Pakistan and India to reach an effective and timely resolution of the Kashmir issue. This particular resolution highlighted three important facts:

• Pakistan must remove all Pakistani tribesmen and military personnel engaged in freedom struggle in Kashmir.
• India must call back all its military troops save the few that are required only and solely to maintain law and order and civil administration.
• The resolution of Kashmir issue shall be done by holding a democratic, free and fair plebiscite that will determine the will of the Kashmiri People as to which country they would like to accede to. Impartiality in elections must be maintained by both Pakistan and India and the wishes of Kashmiri people are of focal importance.

The shortcoming of the resolution, however, was that it was passed under Chapter 6 of the UNSC Charter. Resolutions passed under Chapter 6 are considered non-binding and do not have any muscle for enforceability.

UNSC RESOLUTION 51 PASSED IN JUNE 1948

This resolution substantiated the earlier Resolution No. 39 and instructed the committee to speed up the process by going to the disputed territories and arranging for the plebiscite on urgent basis.

UNSC RESOLUTION PASSED IN JANUARY 1949

The question of the accession of the State of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite;

A plebiscite will be held when it shall be found by the Commission that the cease-fire and truce arrangements set forth in Parts I and II of the Commission’s resolution of 13 August 1948, have been carried out and arrangements for the plebiscite have been completed.

UNSC RESOLUTION 80 PASSED IN MARCH 1950

This particular resolution again had three important highlights:

• It commended both Pakistan and India on maintenance of the ceasefire.
• A United Nations representative was appointed to assist in the process of demilitarization of Kashmir.
• American Admiral Chester W. Nimitz was appointed as the future Chief Plebiscite Administrator for the region.

UNSC RESOLUTION 91 PASSED IN MARCH 1951

This particular resolution was passed after the report sent by Sir Owen Dixon who was sent to the region as a special rapporteur on Kashmir. He listed three main reasons as to why there was a delay in the plebiscite. Firstly, it was the failed extent of demilitarization; the second was the procedure for demilitarization and the third was the degree of control the government would have in order to ensure free and fair plebiscite. The resolution was passed by eight votes while India, the aggressor in the situation, abstained from voting owing to its guilty stance. The United Nations also appointed a new representative to the region in the resolution.

UNSC RESOLUTION 96 PASSED IN NOVEMBER 1951

The UN resolution noted the fact that Pakistan and India would collectively work towards ensuring a peaceful settlement of the issue, they shall continue to observe ceasefire in the meanwhile and agreed that the accession of the state of Jammu and Kashmir should only be done in accordance to the wishes of the people of Kashmir by holding a democratic Plebiscite.

UNSC RESOLUTION 98 PASSED IN DECEMBER 1952

This particular resolution urged the governments of both Pakistan and India to enter into immediate negotiations under the umbrella of United Nations to determine the number of forces that both countries should allow to remain in Kashmir to maintain the ceasefire line after the extinction of the previous period of demilitarization. The resolution requested the governments of Pakistan and India to report to the United Nations within the next thirty days and keep United Nations in the loop for any developments.

UNSC RESOLUTION 122 PASSED IN JANUARY 1957

Having heard statements from representatives of the Governments of India and Pakistan concerning the dispute over the State of Jammu and Kashmir.

Reminding the Governments and authorities concerned of the principle embodied in its resolutions 47 (1948) of 21 April 1948, 51 (1948) of 3 June, 1948, 80 (1950) of 14 March 1950 and 91 (1951) of 30 March 1951, and the United Nations Commission for India and Pakistan resolutions of 13 August 1948 and 5 January 1949, that the final disposition of the State of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations.