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| ‘Expecting solution through UN resolutions is madness’ | | Kashmir in UNO | | Early Times Report
Jammu, Nov 19: The United Nations dropped Kashmir issue from its agenda last week much to the discomfort of the separatists. However, a few days later, the UNO issued a clarification stating that `Kashmir continues to remain on UN agenda.' This is not the first time when the UN has dropped Kashmir. In December 1996, UN dropped Kashmir from its agenda for the first time since January 1, 1948 when a complaint was formally lodged by New Delhi. Islamabad's hectic diplomatic efforts prevented what the separatists call miscarriage then. A question arises. Has UNO helped the people of Jammu Kashmir in any way?
The Kashmir issue was taken to the UNO by the first Prime Minister of India, Jawahar Lal Nehru on January 1, 1948. On August 13 same year a resolution was passed. Nothing has moved since then because the resolutions only acknowledge the right to self determination. The resolutions to the dismay of the people of Kashmir cannot be implemented contrary to the belief of the leadership.
Why has UNO failed in solving the long pending dispute? By the end of December Indian army had pushed back the Tribals and the indigenous state subjects of Jammu Kashmir to a position where the armies of India and Pakistan stand now. In fact, the government of India did not want to push them deep into the territory which now constitutes Azad Kashmir. This stands proved by Lt General LP Sen's book Slender was the thread.
He suspected movement of Pakistan regulars near Chakoti in January 1948. However, he leaves them alone and concentrates on other fronts especially the Pir Panchal Front.
This was the most opportune time to involve the world community. When Nehru decided to move to the United Nations, his home minister, Sardar Patel vehemently opposed him. But Nehru did not listen. Nehru knew what Patel was not aware of. Nehru knew the UN could not do anything if a complaint was lodged under chapter VI of UN Charter. Today a good number of Kashmiris believe that the UN resolutions have delayed resolution of the Jammu Kashmir conflict. And that is exactly what Nehru wanted.
Nehru killed two birds with one stone by this move. He presented Pakistan as an aggressor before the world community and continued fighting for one more year. After exactly one year of lodging a complaint in the United Nations, the cease-fire was enforced. By that time Indian was well placed except in the Pir Panchal Region where Pakistani army recaptured a few pickets and some area. It is widely believed that Sheikh Muhammad Abdullah persuaded Nehru to accept the cease-fire at that particular moment of the war because `Sher-e-Kashmir wanted to keep peace loving Kashmiris away from war mongers of Azad Kashmir'.
But what could the UNO do? The complaint was deliberately filed under Chapter VI which is not mandatory. Resolutions passed under Chapter VI of UN charter are considered non binding and have no mandatory enforceability as opposed to the resolutions passed under chapter VII. Had the complaint been filed under Chapter VII, the situation would have been different. The people of Jammu Kashmir who are the principal party to the dispute came to know about non-enforceability of the UN resolutions a decade ago. The Prime Minister of India knew it six decades ago.
The resolution conferred unlimited right to self determination on the people. To put it plainly, there is scope of a third option (Independent Kashmir) in this resolution. Conditions for holding a plebiscite were laid down and both the countries agreed to implement the resolution in its totality.
Meanwhile international lobbying continued and so did the war in Jammu Kashmir. The UNO declared a cease-fire on January 1, 1949 and in four days another resolution was passed. After commending India and Pakistan for accepting the cease-fire, the UNCIP chose to restrict the right to self determination. The question of accession, now, was to be settled between India and Pakistan through an impartial referendum.
People, by and large, believe that the UN restricted the choice between India and Pakistan on its own. But this is not the reality. The reality is unveiled from the opening words of the resolution. It reads: ""Having received from the Governments of India and Pakistan, in communications dated 23 December and 25 December 1948, respectively, their acceptance of the following principles which are supplementary to the Commission's Resolution of 13 August 1948; 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'."
The words merit special consideration. Pakistan and India agreed (in times of war) to restrict the right to self determination of the people of Jammu Kashmir. Most probably they were scared by the August 13 resolution of 1948 which does not rule out third option. |
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