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KASHMIR ISSUE IN A NUTSHELL
Current agitation in Indian-Held Kashmir is rooted in the struggle of the people for the Exercise of the Right of self-determination.
Peaceful processions chanting demands 4freedom were fired upon by Indian Army and police
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2/n
1. New Delhi's allegation of assistance to the Kashmiri people from the Pakistan side is unfounded.
2. Pakistan upholds the right of the people of J&K to self-determination in accordance with the Resolutions of the United Nations Security Council
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3/n
These resolutions of 1948 and 1949 provide for the holding of a Free and Impartial Plebiscite for the determination of the future of the state by the people of Jammu and Kashmir
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3. The basic points about the UN resolution are that:
4/n
The basic points about the UN resolution are that
- The complaint relating to Kashmir was initiated by India in the Security Council
- The Council explicitly and by implications, rejected India's claim that Kashmir is legally Indian territory;
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5/n -The resolutions established self-determination as the governing principal for the settlement of the Kashmir dispute. This is the world body's commitment to the people of IOK - The resolutions endorsed a binding agreement b/w Ind o Pak reached through the mediation of UNCIP
6/n that a plebiscite would be held, under agreed conditions The Security Council has rejected the Indian contention that the people of IOK have exercised their right of self-determination by participating in the "election" (India has time to time organized in the Held Kashmir)
7/n
The 0.2% turn out during the 1989 "elections" was the most recent clear repudiation of the Indian claim
2.Pak continues to adhere to the UN resolutions, binding also on India
The Simla Agreement of 2 July 1972, to which Pak also continues to adhere
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8/n
did not alter the status of Jammu and Kashmir as a disputed territory:
-Para 6 of the Agreement lists
“A final settlement of Jammu and Kashmir" as one of the outstanding questions awaiting a settlement.
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9/n
Para 4 (ii) talks of a "Line of Control" as distinguished from an international border. Furthermore, it explicitly protects
"The recognized position of either side." The recognized position of Pakistan is the one,
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10
which is recognized by the UN & the World Community in general
Article 1(iv) obviously refers to the Kashmir issue when it talks of "the basic Issues & Causes of conflict which have bedeviled the relations b/w the 2 countries for the last 25 years"
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