HFSMUN 2013 Study Guide

Dear Delegates,
It is with great honour and privilege that I welcome you to the
second edition of the Hiranandani Foundation School Model
United Nations. HFSMUN 2013 is a platform where you can
get the chance to take part in a conference for participants
willing to change the world.

Director:
Adil Imtiaz
Moderator:
Aditi Verma
Assistant
Director:
Arnav Matta

My name is Adil Imtiaz and I am currently studying

Psychology, Business and Management and Mathemathics at
Hiranandani Foundation School. With me is my Assistant
Director Arnav Matta and Moderator Aditi Verma. Arnav is
class 11 student who has taken the I.B. diploma program at
Hiranandani Foundation School. He is a strong, hardworking
and very methodical person who always enjoys a good debate.
Aditi is an ICSE class 10 student. She is a very warm, teamplaying and resourceful person who will always have crucial
insights to everything she observes. She is undoubtedly an
excellent choice for being a moderator.
We at HFSMUN wish to fulfill the didactic aspect of the
platitude think global, act local. While international issues are
being discussed in this committee, we do not wish to ignore
issues closer to home. This is why one topic of SPECPOL is
resolution of the conflict in Kashmir. The other topic shall be
post war reconstruction in Libya. These two topics are not alien
to most of us. They have potential of provoking intense debate
(both productive and unproductive).
HFSMUN 2013 will require a lot of hard work and research but
more importantly, our first priority is help you enjoy yourselves.
It is a great platform to socialize and leave with fond memories
of our MUN.
Looking forward to see you in July,
Sincerely thanking you,
Adil Imtiaz .

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History
Kashmir is the northwestern region of the Indian subcontinent. Until the
mid-19th century, the term Kashmir geographically denoted only
the valley between the Great Himalayas and the Pir Panjal mountain range.
Today, it denotes a larger area that includes the Indian-administered state
of Jammu and Kashmir (which consists of Jammu, Kashmir Valley, and
the Ladakh regions), the Pakistan-administered territories of Azad
Kashmir and GilgitBaltistan, and the Chinese-administered regions
of Aksai Chin and the Trans-Karakoram Tract. It is surrounded by China,
India and Pakistan. Kashmir was under Hindu rule till 1346. It was
conquered by Muslim rulers after this and Hindu shrines were destroyed and
many Hindus were forced to embrace Islam. It was initially ruled by the
Mughals and then by the Afghan Durrani empire. Four centuries of Muslim
rule in Kashmir ended with the Sikh invasion of 1819. The Sikhs were
oppressive to the Muslims and enacted various anti-Muslim laws. Kashmir
was then conquered by the East India Company and shortly afterwards, sold
to Gulab Singh. Thereafter, Kashmir was ruled by Hindu Maharajas despite
being a Muslim majority state.

Situation post-independence
After Independence, the 562 princely states had the choice of joining India
or Pakistan. In theory, they could join either state. But in reality, factors such
as geographic position and religion of majority decided which country the
state joined. Kashmir represented a special case. Its geographic position
allowed it to join either state. It had a Muslim majority and a Hindu king.
The king believed independence could be achieved by forestalling the
decision to join either state. Pakistani tribal leaders backed by the Pakistani
army tried to conquer Kashmir and it was left helpless. The king requested
India to help them. Help could not be taken from India without signing the
Instrument of Accession to India. Once Kashmir was made a part of India,
India fought its first war with Pakistan less than three months from their
creation. India later complained to the Security Council about aggression on

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its own territory. Pakistan vehemently denied these allegations and further
went on to say it discouraged tribals from intervening in Kashmir.
The accession of Kashmir was recognized as legal by the UN. The Soviet
Union backed Indias claims.
There have been a number of legislations and resolutions that have been
passed in the United Nations with respect to the situation at Kashmir:

The United Nations Commission for India and Pakistan.

In August 1947, India and Pakistan became independent. Under the scheme
of partition provided by the Indian Independence Act of 1947, Kashmir was
free to accede to India or Pakistan. Its accession to India became a matter of
dispute between the two countries and fighting broke out later that year.
In January 1948, the Security Council adopted Resolution 39 (1948),
establishing the United Nations Commission for India and Pakistan
(UNCIP) to investigate and mediate the dispute. In April 1948, by its
Resolution 47 (1948) , the Council decided to enlarge the membership of
UNCIP and to recommend various measures including the use of observers
to stop the fighting. At the recommendation of UNCIP, the SecretaryGeneral appointed the Military Adviser to support the Commission on
military aspects and provided for a group of military observers to assist him.
The first team of unarmed military observers, which eventually formed the
nucleus of the United Nations Military Observer Group in India and
Pakistan (UNMOGIP), arrived in the mission area in January 1949 to
supervise, in the State of Jammu and Kashmir, the ceasefire between India
and Pakistan and to assist the Military Adviser to UNCIP.
Having given careful consideration to the points of view expressed by the
representatives of India and Pakistan regarding the situation in the State of
Jammu and Kashmir; and
Being of the opinion that the prompt cessation of hostilities and the
correction of conditions the continuance of which is likely to endanger
international peace and security are essential to implementation of its

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endeavors to assist the Governments of India and Pakistan in effecting a

final settlement of the situation;
Resolves to submit simultaneously to the Governments of India and Pakistan
the following proposal:
PART I: CEASE-FIRE ORDER
A. The Governments of India and Pakistan agree that their respective High
Commands will issue separately and simultaneously a cease-fire order to
apply to all forces under their control and in the State of Jammu and
Kashmir as of the earliest practicable date or dates to be mutually agreed
upon within four days after these proposals have been accepted by both
Governments.
B. The High Commands of the Indian and Pakistani forces agree to refrain
from taking any measures that might augment the military potential of the
forces under their control in the State of Jammu and Kashmir. (For the
purpose of these proposals forces under their control shall be considered to
include all forces, organized and unorganized, fighting or participating in
hostilities on their respective sides.
C. The Commanders-in-Chief of the forces of India and Pakistan shall
promptly confer regarding any necessary local changes in present
dispositions which may facilitate the cease-fire.
D. In its discretion and as the Commission may find practicable, the
Commission will appoint military observers who, under the authority of the
Commission and with the co-operation of both Commands, will supervise
the observance of the cease-fire order.
E. The Government of India and the Government of Pakistan agree to appeal
to their respective peoples to assist in creating and maintaining an
atmosphere favourable to the promotion of further negotiations.

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PART II: TRUCE AGREEMENT

Simultaneously with the acceptance of the proposal for the immediate
cessation of hostilities as outlined in Part I, both the Governments accept the
following principles as a basis for the formulation of a truce agreement, the
details of which shall be worked out in discussion between their
representatives and the Commission.
A.
1. As the presence of troops of Pakistan in the territory of the State of
Jammu and Kashmir constitutes a material change in the situation since it
was represented by the Government of Pakistan before the Security Council,
the Government of Pakistan agrees to withdraw its troops from that State.
2. The Government of Pakistan will use its best endeavour to secure the
withdrawal from the State of Jammu and Kashmir of tribesmen and
Pakistani nationals not normally resident therein who have entered the State
for the purpose of fighting.
3. Pending a final solution, the territory evacuated by the Pakistani troops
will be administered by the local authorities under the surveillance of the
commission.
B.
1.When the commission shall have notified the Government of India that the
tribesmen and Pakistani nationals referred to in Part II, A, 2, hereof have
withdrawn, thereby terminating the situation which was represented by the
Government of India to the Security Council as having occasioned the
presence of Indian forces in the State of Jammu and Kashmir, and further,
that the Pakistani forces are being withdrawn from the State of Jammu and
Kashmir, the Government of India agrees to begin to withdraw the bulk of
its forces from that State in stages to be agreed upon with the Commission.
2. Pending the acceptance of the conditions for a final settlement of the
situation in the State of Jammu and Kashmir, the Indian Government will
maintain within the lines existing at the moment of the cease-fire the
minimum strength of its forces which in agreement with the commission are
considered necessary to assist local authorities in the observance of law and

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order. The Commission will have observers stationed where it deems

necessary.
3. The Government of India will undertake to ensure that the Government of
the State of Jammu and Kashmir will take all measures within its powers to
make it publicly known that peace, law and order will be safeguarded and
that all human political rights will be granted.
4. Upon signature, the full text of the truce agreement or a communique
containing the principles thereof as agreed upon between the two
Governments and the Commission will be made public.
PART III
The Government of India and the Government of Pakistan reaffirm their
wish that the future status of the State of Jammu and Kashmir shall be
determined in accordance with the will of the people and to that end, upon
acceptance of the truce agreement, both Governments agree to enter into
consultations with the Commission to determine fair and equitable
conditions whereby such free expression will be assured.
This is the most significant resolution passed by the UN on the state of
Jammu & Kashmir. It clearly states that Pakistan has to vacate its troops
from the whole of the state. It also mentions, albeit indirectly, that Pakistan
had consistently lied on the question of whether or not its troops were
involved in the fighting in Jammu & Kashmir. Once the then Pakistani
Prime Minister conceded that Pakistani troops were indeed involved, the UN
had no option but to ask for their withdrawal. That the withdrawal never
took place is another story. The Indian government uses this to justify the
fact that a plebiscite never took place in Kashmir.
Kashmir has constantly been the bone of contention for India and Pakistan.
It has resulted in three was.
India has given Kashmir special autonomous status with Article 370(a) in its
constitution.

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Article 370 of the Constitution of India

1. Notwithstanding anything in this Constitution:
a. the provisions of article 238 shall not apply in relation to the State of
Jammu and Kashmir,
b. the power of Parliament to make laws for the said State shall be limited
to;
i. those matters in the Union List and the Concurrent List which, in
consultation with the Government of the State, are declared by the President
to correspond to matters specified in the Instrument of Accession governing
the accession of the State to the Dominion of India as the matters with
respect to which the Dominion Legislature may make laws for that State;
and
ii. such other matters in the said Lists, as, with the concurrence of the
Government of the State, the President may by order specify.
2. If the concurrence of the Government of the State referred to in
paragraph
(ii) of sub-clause (b) of clause (1) or in second provision to sub-clause (d) of
that clause be given before the Constituent Assembly for the purpose of
framing the Constitution of the State is convened, it shall be placed before
such Assembly for such decision as it may take thereon.
3. Notwithstanding anything in the foregoing provisions of the article,
the President may, by public notification, declare that this article shall
cease to be operative or shall be operative only with such exceptions and
modifications and from such date as he may notify: Provided that the
recommendation of the Constituent Assembly of the State referred to
in clause (2) shall be necessary before the President issues such a
notification.
4. In exercise of the powers conferred by this article the President, on
the recommendation of the Constituent Assembly of the State of Jammu
and Kashmir, declared that, as from the 17th day of November, 1952,
the said art. 370 shall be operative with the modification that for the
explanation in cl.(1) thereof the following Explanation is substituted
namely:
Insurgency in Kashmir

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An insurgency exists in Kashmir due to the independence movement. It has

been an armed struggle from 1987 onwards. India has accused the Pakistani
intelligence agency ISI of supporting this insurgency. According to the
Hurriyat Conference, 100,000 people have lost their lives due to this
insurgency. The ideological emphasis of the movement shifted from a
nationalistic and secularist one to an Islamic one.
This was in part driven by the arrival in the valley of Kashmir of large
numbers of Islamic "Jihadi" fighters who had fought in Afghanistan against
the Soviet Union in the 1980s. Al Qaeda has established terrorist bases in
Kashmir. It has been hinted that they have been planning attacks on Indian
soil. Infiltrations from POK to Indian Kashmir have been very common
raising further security issues for India. This issue is of primary importance
to India and it has consistently expressed its displeasure diplomatically.

Aksai Chin
China is also involved in this conflict as China claims that a part of Kashmir
known as Aksai Chin belongs to China. Aksai Chin makes up twenty percent
of Jammu and Kashmir as defined by India. Aksai Chin historically was not
very significant due to its high altitude. The Sikhs and the Chinese had
signed a treaty in 1842 which stated that they would not interfere in each
others territory. The British after conquering the Sikh kingdom did not care
to define borders. Natural barriers formed the border between them. A
British cartographer defined a line known as the Johnson line which stated
Aksai Chin was a part of Jammu And Kashmir. India recognized this line
whereas China did not. In the 1950s Kashmir built a road connecting
Xinjiang to Western Tibet which passed through Aksai Chin. This made the
region more accessible to China than India. China recognized another line
known as the McCartney and McDonald line. India and China fought the
Sino-Indian war in 1962 over this issue. China is in occupation of
approximately 38,000 sq. kms of Indian Territory in Jammu and Kashmir. In
addition, under the so-called China-Pakistan "Boundary Agreement" of
1963, Pakistan ceded 5,180 sq. kms. of Indian Territory in Pakistan
Occupied Kashmir to China. Currently twenty percent of Jammu and
Kashmir is occupied by China.

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The Conflict and possible solutions:

Administered
by

India

Pakistan

China

Area

Population %Muslim %Hindu %Buddhist

%
Other

Kashmir
~4 million 95%
valley

4%

Jammu

~3 million 30%

66%

4%

Ladakh

~0.25
million

50%

3%

46% (Shia)

Northern
~1 million 99%
Areas

Azad
~2.6
Kashmir million

100%

Aksai
Chin

Statistics from the BBC report. In Depth *There are roughly 1.5 million
refugees from Indian-administered Kashmir in Pakistan administered Kashmir
and Pakistan UNHCR
A minimum of 506,000 people in Indian Administered Kashmir valley are
internally displaced due to militancy in Kashmir about half of which are Hindu
pandits. CIA
Muslims are the majority in Poonch, Rajouri, Kishtwar, and Doda districts
in Jammu region. Shia Muslims make up the majority in Kargil district in

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Ladakh region.

India does not accept the two-nation theory and considers that Kashmir,
despite being a Muslim-majority state, is in many ways an "integral part" of
secular India.[66]

India
It holds the Instrument of Accession and demands control of whole of
Jammu And Kashmir wholly as defined by India issued maps. The
constituent Assembly of Jammu and Kashmir had also ratified the accession
to India. India also claims that POK is a breeding ground for terrorist
organizations funded by the Pakistani government. India denounces human
right violations in Azad Kashmir. India has also denounced human right
atrocities against the Hindu minorities in Kashmir. The chair would like to
give an appaling example of these atrocities by the means of an
unconventional way of imparting information in a study guide- a quote.
Our people were killed. I saw a girl tortured with cigarette butts. Another
man had his eyes pulled out and his body hung on a tree. The armed
separatists used a chainsaw to cut our bodies into pieces. It wasn't just the
killing but the way they tortured and killed."
-A Kashmiri Hindu woman to a BBC news reporter.

Pakistan
Pakistan firmly supports the two nation theory which states that a state must
cede to Pakistan if it is Muslim majority and to India if it is Hindu majority.
By this logic Kashmir belongs to Pakistan. Pakistan is also against the
accession of Kashmir to India because of the water dispute between Pakistan
and India. Pakistan believes that India is trying to divert water from
Pakistani soil deliberately to adversely affect Pakistani crops. Indus and its
five tributaries flow through Kashmir. Pakistan has vehemently denounced
alleged human right abuses in Indian occupied Kashmir. According to
UNHRC, "Indian security forces have assaulted civilians during search
operations, tortured and summarily executed detainees in custody and
murdered civilians in reprisal attacks. Rape most often occurs during
crackdowns, cordon-and-search operations during which men are held for
identification in parks or schoolyards while security forces search their

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homes. In these situations, the security forces frequently engage in collective

punishment against the civilian population, most frequently by beating or
otherwise assaulting residents, and burning their homes. Rape is used as a
means of targeting women whom the security forces accuse of being militant
sympathizers; in raping them, the security forces are attempting to punish
and humiliate the entire community."

Possible solutions
1-Kashmir becomes independent
This does sound like a viable solution, since both India and Pakistan would
not be willing to give up so much territory. Also, Kashmir would experience
problems in foreign relations as it would be sandwiched between two rival
countries. Kashmir could experience severe resource problems due to such
relations. Water dispute would become more pronounced than ever. China
would also have to be brought into the equation and it too would not react
well to giving up territory. Human right violations and issues with state
religion would still be issues of paramount experience. Minorities such as
Buddhist monks, Kashmiri pandits etc may face human right abuses from
Islamist radicals. Constituent assembly compostion too shall be something
hard to decide on unanimously. If Sharia law was to be enforced it would be
not be received well by the non-Muslim minority resulting in possible
further displacement of minorities. A study found that 43 percent of
Kashmiris would prefer independence.
2-Kashmir stays wholly with India
This solution would be seen as most favorable by India. But this solution is
most likely to be denied by Pakistan as it involves loss of its jugular vein.
India may also state that Kashmir is an internal affair and hence the
international community should not get involved in its politics. The Muslim
majority may demand a greater degree of autonomy and would demand
removal of Indian army forces from Kashmir as their reputation is tainted
due to alleged human right abuses but it would be impractical as Kashmir
would border Pakistan. Water sharing would definitely be a problem too.
Areas such as Ladakh and Jammu would accept this solution as it is in their
favor. China would mostly likely not agree to the loss of Aksai Chin. India

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would argue that it has seen many separatist movements such as Khalistan.
In a democracy as large as India dissatisfaction is not uncommon and hence
these problems could be solved internally.
3-Kashmir goes to Pakistan
This solution would be welcomed by Pakistan and China. India would
strongly disagree due to loss of territory and possible breeding of terrorists
in this territory. Pakistan could justify this solution by stating this would
grant the Kashmiris right of self determination. Buddhists and Hindus would
also not take favorably to being incorporated into an Islamist state. They
would also fear human right abuses and ethnic cleansing which is allegedly
practiced by the separatists. Water sharing may cause further disputes.

Questions a resolution must answer

1. How will the territory of Kashmir be divided amongst the three
powers or will Kashmir become independent?
2. What will be done about the water sharing dispute?
3. What kind of government must be established in Kashmir?
4. Will human right abuses on both sides be stopped?
5. What will be done about the presence of terrorist organizations in
Kashmir?
6. How will infiltrations on both sides of Kashmir be stopped?

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References
http://hinduism.about.com/od/history/a/Kashmir-Paradise-Lost.htm
http://www.kashmir-information.com/KashmirStory
http://www.jammu-kashmir.com/documents/jkunresolution.html
http://lawmin.nic.in/coi/PARTXXI.pdf
http://www.globalsecurity.org/military/world/war/india-china_conflicts.htm
http://web.archive.org/web/20070106084737/http://meaindia.nic.in/jk/19jk0
1.pdf
http://news.bbc.co.uk/hi/english/static/in_depth/south_asia/2002/india_pakis
tan/timeline/1989.stm
http://in.reuters.com/article/2008/11/21/idINIndia-36624520081121
Bradnock, RobertKashmir: Paths to Peace Chatham House, London, 2008