The situation in Kashmir is a war of national liberation in exercise of the right to self-determination.
Background:
During British colonial rule, Britain "sold" Kashmir to a Hindu warlord. At the time of the British withdrawal, the predominantly Muslim Kashmiris were given the option of joining India or Pakistan. Before an election could be held, the Maharajah Hari Singh, a Hindu, asked India for assistance in quelling the aspirations for independence and in return signed an instrument of accession to join India. Indian troops seized much of Jammu and Kashmir and Kashmiris have resisted their rule since that time. Part of Kashmir is under Pakistani influence (called Azad Kashmir) and part is now under Chinese control. The war, however, is limited to Indian-occupied Kashmir.
In 1948 and 1949 the United Nations Commission for India and Pakistan, which was formed by the Security Council, adopted resolutions mandating a cease fire, the withdrawal of troops, and a plebiscite to determine the will of the people. Subsequent resolutions have reaffirmed the right of the Kashmiri people to chose their future form of governance, but the plebiscite has never been held. In 1972 the Simla Agreement was signed by both India and Pakistan countries and committed them to reach a "final settlement" on the issue, but this has yet to happen.
Current Situation:
The crisis in Indian-occupied Kashmir has worsened since 1990 due to escalating pressures for the plebiscite and increasing Indian military presence to quell independence movements. As of January 1997, troops are said to number more than 600,000 (estimates vary from 600,000 to 800,000). Fact-finding missions to Indian- controlled Kashmir verify a widespread pattern of human rights and humanitarian law violations. Captured Kashmiri fighters are killed without trial and civilians are tortured and raped. Estimates place deaths between 1990-1997 at more than 20,000, mainly civilians. On 27 March 1996, Mr. Jalil Andrabi (Chair, Kashmir Commission of Jurists and IED delegate to UN Sub-Comm'n) was found killed after he had been abducted by the Indian Rashtriya Rifles. The Kashmir Bar Association has filed a criminal case against the Indian government for the torture and custodial killings of 218 people in 1996. They report that 2,776 people were killed and 832 houses and 93 shops were burned by Indian forces during the year.
In October 1996, India held the first elections in almost ten years to the state assembly. The government of India has proposed that Kashmir be given autonomy over defense, foreign affairs and communication.
U.N. Action:
UNMOGIP (1/49- )
S.C. Res. 307 (1971). S.C. Res. 122 (1957). S.C. Res. 98 (1952). S.C. Res. 96 (1951). S.C. Res. 91 (1951). S.C. Res. 80 (1950). S.C. Res. 47 (1948). S.C. Res. 39 (1948).
Comm'n Decision 1994/109.
Note: Reports address India but not necessarily Kashmir.
Reports of the Working Group on Enforced or Involuntary Disappearances (E/CN.4/1990/13; E/CN.4/1991/29; E/CN.4/1992/18; E/CN.4/1993/25; E/CN.4/1994/26; E/CN.4/1995/36; E/CN.4/1996/38).
Reports of the Special Rapporteur on Torture: (P. Kooijmans: E/CN.4/1990/17; E/CN.4/1991/17; E/CN.4/1992/17; E/CN.4/1993/26).
(Nigel S. Rodley: E/CN.4/1994/31; E/CN.4/1995/34; E/CN.4/1996/35 &
Add.1).
Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:
(S. Amos Wako: E/CN.4/1990/22; E/CN.4/1991/36; E/CN.4/1992/30). (Bacre Waly N'diaye: E/CN.4/1993/46; E/CN.4/1994/7; E/CN.4/1995/61;
E/CN.4/1996/4).
Report of the Special Rapporteur on the Question of the Use of Mercenaries (Enrique Bernales Ballesteros: E/CN.4/1995/29).
Reports of the Special Rapporteur on the Elimination of Religious Intolerance:
(Angelo Vidal d'Almeida Ribeiro: E/CN.4/1991/56; E/CN.4/1992/52; E/CN.4/1993/62 & Corr.1).
(Abdelfattah Amor: E/CN.4/1994/79; E/CN.4/1995/91).