United Nations Kashmir Resolution

United Nations Security Council Resolution 38, adopted on January 17, 1948, called upon the governments of India and Pakistan to refrain from in any way aggravating the situation in Kashmir and deploy any means at their disposal to improve it. It further requests both governments inform the council of any material changes in the situation while it is under the Council’s consideration. The resolution was approved nine votes to none, with Ukraine and the Soviet Union abstaining.

United Nations Security Council Resolution 39, adopted on January 20, 1948, offered to assist in the peaceful resolution of the Kashmir Conflict by setting up a commission of three members; one to be chosen by India, one to be chosen by Pakistan and the third to be chosen by the other two members of the commission. The commission was to write a joint letter advising the Security Council on what course of action would be best to help further peace in the region.

he United Nations Security Council Resolution 47, adopted on 21 April 1948, concerns the resolution of the Kashmir conflict. After hearing arguments from both India and Pakistan, the Council increased the size of the Commission established by United Nations Security Council Resolution 39 to five members (with representatives of Argentina, Belgium, Colombia, Czechoslovakia and the United States[1]), instructed the Commission to go to the subcontinent and help the governments of India and Pakistan restore peace and order to the region and prepare for a plebiscite to decide the fate of Kashmir. Secondly, the Resolution recommended a three-step process for the resolution of the dispute. In the first step, Pakistan was asked to withdraw all its nationals that entered Kashmir for the sake of fighting. In the second step, India was asked to progressively reduce its forces to the minimum level required for law and order. In the third step, India was asked to appoint a plebiscite administrator nominated by the United Nations who would conduct a free and impartial plebiscite. The resolution was adopted paragraph by paragraph; no vote on the resolution as a whole was taken. Both India and Pakistan raised objections to the Resolution. However, they welcomed mediation by the UN Commission. Through its mediation, the Commission amplified and amended the Security Council Resolution, adopting two resolutions of its own, which were accepted by both India and Pakistan. Subsequently, a cease-fire was achieved by the Commission at the beginning of 1949. However, a truce was not achieved due to disagreements over the process of demilitarisation. After considerable efforts, the Commission declared its failure in December 1949.

United Nations Security Council Resolution 51, adopted on June 3, 1948, reaffirmed previous Council resolutions on the India-Pakistan conflict, directed the Commission established in United Nations Security Council Resolution 39 to move to the areas of dispute and accomplish the duties assigned to it in United Nations Security Council Resolution 47 as soon as possible. The resolution also instructed the Commission to address a letter that was sent to the Council by the Foreign Minister of Pakistan. The resolution was adopted by eight votes; the Republic of China, Ukrainian SSR and Soviet Union abstained. United Nations Security Council Resolution 80, adopted on March 14, 1950, having received the reports of the Commission for India and Pakistan, as well as a report from General A. G. L.

McNaughton, the Council commended India and Pakistan for their compliance with the ceasefire and for the demilitarization of Jammu and Kashmir and agreement on Fleet Admiral Chester W. Nimitz as the future Plebiscite Administrator. The resolution called for (1) simultaneous and progressive demilitarisation by both India and Pakistan to the point where the remaining force would "not cause fear at any point of time to the people on either side of cease-fire line." [1] (2) The northern areas to be administered by local authorities, subjucted to UN supervision (3) The Council to appoint a United Nations Representative to assist in the preparations and implementation of the demilitarization program, to advise the Governments of India and Pakistan as well as those of the Council, to exercise all of the power and responsibilities of the United Nations Commission for India and Pakistan, to arrange for the Plebiscite Administrator to assume all the functions assigned to him at the appropriate stage of demilitarization and to report to the Council as he saw necessary. The resolution 80 marked a shift from the resolution 47 which called for Pakistan to withdraw first. Resolution 80 asked India and Pakistan to withdraw their troops simultaneously for the purpose of plebiscite. This attempt at equality did not find India's agreement. [2] The Resolution went on to request the two governments take all necessary precautions to ensure that the cease-fire continue, thanked the members of the United Nations Commission for India and Pakistan as well as General A. G. L. McNaughton and agreed that the United Nations Commission for India and Pakistan would be terminated one month after both parties have informed the United Nations Representative of their acceptance of the transfer of the powers and responsibilities of the United Nations Commission to him. The resolution passed with eight votes in favour; India and Yugoslavia abstained, and the Soviet Union was absent when voting took place.

United Nations Security Council Resolution 96, adopted on November 10, 1951, having received a report by Mr. Frank Graham, the United Nations representative for India and Pakistan, as well as hearing his speech before the Council a basis for a program of demilitarization was noted with approval. The Council noted with gratification the declaration by both India and Pakistan that they would work for a peaceful settlement, continue to observe a cease-fire and accepted the principle that the accession of the State of Jammu and Kashmir should be determined by a free and impartial plebiscite under the auspices of the United Nations. The Council then instructed the UN Representative to continue in his efforts to obtain agreement of the parties on a plan for effecting the demilitarization of the State of Jammu and Kashmir and to report back on his efforts together with his view concerning the problems confided to him within six weeks. The resolution was adopted by nine votes to none; India and the Soviet Union abstained.

United Nations Security Council Resolution 98, adopted on December 23, 1952, urged the Governments of India and Pakistan to enter into immediate negotiations under the auspices of the United Nations Representative for India and Pakistan in order to reach an agreement on the specific number of troops to remain of each side of the cease-fire line at the end of the previously established period of demilitarization. As proposed by the UN Representative this number was to be between 6000 Azad forces and 3500 Gilgit and northern scouts on the Pakistani side and 18000 Indian forces and 6000 local state forces on the Indian side. [1] The resolution then thanked the UN Representative for his efforts, requested the Governments of India and Pakistan report to the Council no later than 30 days after the adoption of this resolution and asked the UN Representative to keep the Council informed of any progress.

The resolution was adopted by nine votes to none. The Soviet Union abstained and Pakistan did not participate in the voting.

United Nations Security Council Resolution 126 was adopted on 2 December 1957. It was the last of three resolutions passed during 1957 to deal with the dispute between the governments of India and Pakistan over the territories of Jammu and Kashmir. It followed a report on the situation by Gunnar Jarring, representative for Sweden which the council had requested in resolution 123. It requests that the governments of India and Pakistan refrain from aggravating the situation, and instructs the United Nations Representative for India and Pakistan to visit the subcontinent and report to the council with recommended action toward further progress. The resolution was passed by ten votes to one, with the Soviet Union abstaining.

United Nations Security Council Resolution 122 was adopted on the 24 January 1957 and concerned the dispute between the governments of India and Pakistan over the territories of Jammu and Kashmir. It was the first of three security resolutions in 1957 (along with resolutions 123 and 126) to deal with the dispute between the countries. The resolution declares that the assembly proposed by the Jammu and Kashmir National Conference could not constitute a solution to the problem as defined in United Nations Security Council Resolution 91 which had been adopted almost six years earlier. Resolution 122 was passed by 10 votes to none, with the Soviet Union abstaining.

United Nations Security Council Resolution 209, adopted on September 4, 1965, with a deteriorating situation along the cease-fire line in Kashmir, the Council called upon both India and Pakistan to take all steps necessary to immediately cease fighting and return to their respective sides of the line. The Council also called on the two governments to co-operate fully with the United Nations Military Observer Group in Pakistan and asked the Secretary-General to report back on the implementation of the resolution within three days. The resolution was adopted unanimously.

United Nations Security Council Resolution 303, adopted on December 6, 1971, after a lack of unanimity at the 1606th and 1607th meetings of the Council prevented it from exercising its primary responsibility, the Council decided to refer the question to the General Assembly. Meetings at the Council were called following a deterioration in relations between India and Pakistan over a series of incidents, including Jammu and Kashmir, and the additional strife in East Pakistan. Additionally, the United Nations Military Observer Group in India and Pakistan reported violations on both sides of the Karachi Agreement of 1949.[1] The resolution was adopted by 11 votes to none, while France, the People's Republic of Poland, Soviet Union and United Kingdom abstained.

The Karachi Agreement of 1949 was signed by the military representatives of India and Pakistan, supervised by the United Nations Commission for India and Pakistan, establishing a cease-fire line in Kashmir following the Indo-Pakistani War of 1947.[1] It established a cease-fire line which has been monitored by United Nations observers from the United Nations since then.

United Nations Security Council Resolution 307, adopted on December 21, 1971, after hearing statements from India and Pakistan, the Council demanded that a durable cease-fire be observed until withdrawals could take place to respect the cease-fire line in Jammu and Kashmir. The Council also called for international assistance in the relief of suffering and rehabilitation of refugees as well as their return home and a request for the Secretary-General to keep the council informed on developments. The resolution was adopted by 13 votes to none; the People's Republic of Poland and Soviet Union abstained from the vote.