United Nations Security Council Resolution 47: Difference between revisions

UN Security Council 47
UN Security Council 47
Date	April 21 1948
Meeting no.	286
Code	S/726 (Document)
Subject	The India-Pakistan Question
Result	Adopted

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United Nations Security Council Resolution 47, adopted on April 21, 1948, When 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, 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. The resolution was passed by United Nations Security Council under chapter VI of UN Charter.^[1] 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.^[2]^[3]^[4]

The resolution recommended that in order to ensure the impartiality of the plebiscite Pakistan withdraw all tribesmen and nationals who entered the region for the purpose of fighting and that India leave only the minimum number of troops needed to keep civil order. However, India and Pakistan failed to come to an agreement over demilitirisation and a plebiscite hasn't been held since.

References

^ One of the earliest applications of Chapter VI of the United Nations Charter was on the Kashmir dispute. Following negotiations and agreements among the parties, the Security Council adopted resolution 47 (1948) of 21 April 1948 which promised a free and fair plebiscite under UN auspices to enable the people of Jammu and Kashmir to determine whether they wish to join Pakistan or India. Foreign Minister of Pakistan, on the role of the Security Council in the Pacific Settlement of Disputes
^ 'The Kashmir issue was taken to the UN by India in January, 1948 and remained active in the UN Security Council till the late fifties The Indian complaint was filed under Chapter VI of the UN Charter and not under Chapter VII, which requires mandatory enforcement of the UN Security Council's decisions.' Kashmir policy: an overview by Shamshad Ahmad, Dawn 2004-08-05
^ "There are two sorts of security council resolution: those under 'chapter 6' are non-binding recommendations dealing with the peaceful resolution of disputes; those under 'chapter 7' give the council broad powers, including war, to deal with 'threats to the peace ... or acts of aggression'." If Saddam steps out of line we must go straight to war by Bill Emmott, The Guardian, 2002-11-25.
^ 'Chapter VI establishes the appropriate methods of settling international disputes and the Security Council's powers in relation to them. It is generally agreed that resolutions under Chapter VI are advisory rather than binding. These resolutions have generally been operative only with the consent of all parties involved. Traditionally, the Chapter has not been interpreted to support collective intervention by member states in the affairs of another member state.'Collective Insecurities by Azeem Suterwalla. Harvard International Review

External links

Text of Resolution at UN.org (PDF)

[1] One of the earliest applications of Chapter VI of the United Nations Charter was on the Kashmir dispute. Following negotiations and agreements among the parties, the Security Council adopted resolution 47 (1948) of 21 April 1948 which promised a free and fair plebiscite under UN auspices to enable the people of Jammu and Kashmir to determine whether they wish to join Pakistan or India. Foreign Minister of Pakistan, on the role of the Security Council in the Pacific Settlement of Disputes

[2] 'The Kashmir issue was taken to the UN by India in January, 1948 and remained active in the UN Security Council till the late fifties The Indian complaint was filed under Chapter VI of the UN Charter and not under Chapter VII, which requires mandatory enforcement of the UN Security Council's decisions.' Kashmir policy: an overview by Shamshad Ahmad, Dawn 2004-08-05

[3] "There are two sorts of security council resolution: those under 'chapter 6' are non-binding recommendations dealing with the peaceful resolution of disputes; those under 'chapter 7' give the council broad powers, including war, to deal with 'threats to the peace ... or acts of aggression'." If Saddam steps out of line we must go straight to war by Bill Emmott, The Guardian, 2002-11-25.

[4] 'Chapter VI establishes the appropriate methods of settling international disputes and the Security Council's powers in relation to them. It is generally agreed that resolutions under Chapter VI are advisory rather than binding. These resolutions have generally been operative only with the consent of all parties involved. Traditionally, the Chapter has not been interpreted to support collective intervention by member states in the affairs of another member state.'Collective Insecurities by Azeem Suterwalla. Harvard International Review

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 '''[[United Nations]] [[United Nations Security Council Resolution|Security Council Resolution]] 47''', adopted on [[April 21]], [[1948]], When 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, instructed the Commission to go to the [[Indian subcontinent|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]]. The resolution was passed by [[United Nations Security Council]] under [[Chapter VI of the United Nations Charter|chapter VI]] of UN Charter.<ref>One of the earliest applications of Chapter VI of the United Nations Charter was on the Kashmir dispute. Following negotiations and agreements among the parties, the Security Council adopted resolution 47 (1948) of 21 April 1948 which promised a free and fair plebiscite under UN auspices to enable the people of Jammu and Kashmir to determine whether they wish to join Pakistan or India. [http://www.pakun.org/statements/Security_Council/2003/05132003-01.php Foreign Minister of Pakistan, on the role of the Security Council in the Pacific Settlement of Disputes]</ref> [[United Nations Security Council#Resolutions|Resolutions]] passed under Chapter VI of UN charter are considered non binding and have no mandatory enforceability as opposed to the [[United Nations Security Council#Resolutions|resolutions]] passed under [[Chapter VII of the United Nations Charter|Chapter VII]].<ref>'The Kashmir issue was taken to the UN by India in January, 1948 and remained active in the UN Security Council till the late fifties The Indian complaint was filed under Chapter VI of the UN Charter and not under Chapter VII, which requires mandatory enforcement of the UN Security Council's decisions.' [http://archives.dawn.com/2004/08/05/op.htm#1 Kashmir policy: an overview by Shamshad Ahmad], [[Dawn (newspaper)|Dawn]] 2004-08-05</ref><ref>"There are two sorts of security council resolution: those under 'chapter 6' are non-binding recommendations dealing with the peaceful resolution of disputes; those under 'chapter 7' give the council broad powers, including war, to deal with 'threats to the peace ... or acts of aggression'." [http://www.guardian.co.uk/comment/story/0,3604,846814,00.html If Saddam steps out of line we must go straight to war by Bill Emmott], ''[[The Guardian]]'', 2002-11-25.</ref><ref>'Chapter VI establishes the appropriate methods of settling international disputes and the Security Council's powers in relation to them. It is generally agreed that resolutions under Chapter VI are advisory rather than binding. These resolutions have generally been operative only with the consent of all parties involved. Traditionally, the Chapter has not been interpreted to support collective intervention by member states in the affairs of another member state.'[http://hir.harvard.edu/articles/888 Collective Insecurities by Azeem Suterwalla]. [[Harvard International Review]]</ref>
-The resolution recommended that in order to ensure the impartiality of the plebiscite Pakistan withdraw all tribesmen and nationals who entered the region for the purpose of fighting and that India leave only the minimum number of troops needed to keep civil order.  The Commission was also to send as many observers into the region as it deemed necessary to ensure the provisions of the resolution were enacted.  Pakistan ignored the UN mandate, did not withdraw its troops and claimed the withdrawal of Indian forces was a prerequisite as per this resolution.<ref>[http://www.telegraph.co.uk/news/1399992/A-brief-history-of-the-Kashmir-conflict.html A Brief History of Kashmir Conflict]. ''[[The Daily Telegraph]].'' September 24, 2001.</ref> Indian claim is that Subsequently Pakistan refused to implement the plebiscite until India accedes to it and continued holding on to the portion of Kashmir under its control.<ref>[http://meaindia.nic.in/jk/kashmirissue.htm Kashmir Issue]. Ministry of External Affairs - India. {{Wayback|date=20081229041527|url=http://meaindia.nic.in/jk/kashmirissue.htm|df=yes}}</ref><ref>'[http://query.nytimes.com/gst/fullpage.html?res=9C0CE5DA153FF931A15757C0A966958260&sec=&spon=&partner=permalink&exprod=permalink State Dept. Moves to Expel Top Kashmir Separatist]. ''[[The New York Times]]''. April 22, 1990.</ref>
+The resolution recommended that in order to ensure the impartiality of the plebiscite Pakistan withdraw all tribesmen and nationals who entered the region for the purpose of fighting and that India leave only the minimum number of troops needed to keep civil order. However, India and Pakistan failed to come to an agreement over demilitirisation and a plebiscite hasn't been held since.
-The resolution was adopted paragraph by paragraph; no vote on the resolution as a whole was taken.
-*In November 2010 the [[United Nations]] has removed [[Jammu and Kashmir]] from its list of disputed territories.<ref>[http://www.thehindu.com/news/national/jammu-and-kashmir-out-of-un-list-of-disputes/article886480.ece Jammu and Kashmir out of U.N. list of disputes, The Hindu, 15 Nov,2010]</ref><ref>http://www.dnaindia.com/india/report-jammu-kashmir-out-of-un-disputes-list-pakistan-cries-foul-1467235</ref><ref>http://tribune.com.pk/story/77671/kashmir-issue-left-unmentioned-in-united-nations/</ref><ref>http://ibnlive.in.com/news/pak-slams-missing-kashmir-in-un-disputes-list/135077-2.html</ref>
-*In a major setback to Pakistan’s efforts to internationalise the Kashmir issue, the United Nations has excluded Jammu & Kashmir (J&K) from its list of unresolved international disputes under the observation of the [[UN Security Council]] (UNSC). Pakistan's acting envoy in the UN, Amjad Hussain Sial, has lodged a strong protest, while Indian authorities welcomed the decision. <ref>http://www.dnaindia.com/india/report-jammu-kashmir-out-of-un-disputes-list-pakistan-cries-foul-1467235</ref><ref>http://ibnlive.in.com/news/pak-slams-missing-kashmir-in-un-disputes-list/135077-2.html</ref><ref>http://www.thehindu.com/news/national/jammu-and-kashmir-out-of-un-list-of-disputes/article886480.ece</ref>
-In March 2001, the then [[Secretary-General of the United Nations]], [[Kofi Annan]] during his visit to India and Pakistan, remarked that Kashmir resolutions are only advisory recommendations and comparing with those on [[East Timor]] and [[Iraq]] was like comparing apples and oranges, since those resolutions were passed under [[Chapter VII of the United Nations Charter|chapter VII]], which make it enforceable by [[United Nations Security Council|UNSC]].<ref>{{cite news|url=http://www.rediff.com/news/2004/jun/26pak1.htm|title=Low expectations from Indo-Pak talks}}</ref><ref>{{cite news|url=http://www.rediff.com/news/2002/jan/21inter.htm|title=The Rediff Interview/Ashraf Jehangir Qazi}}</ref><ref>{{cite news|url=http://www.rediff.com/news/2004/jun/27pak1.htm|title=Don't expect too much from talks: Officials}}</ref><ref>{{cite news|url=http://tribune.com.pk/story/331916/does-india-have-a-case-in-kashmir/|title=Does India have a case in Kashmir?}}</ref><ref>{{cite news|url=http://news.bbc.co.uk/2/hi/south_asia/1224717.stm|title=Annan upbeat on Kashmir}}</ref><ref>{{cite news|url=http://www.thehindu.com/2001/03/10/stories/0110000d.htm|title=Terrorism to feature in talks with Kofi Annan}}</ref> In 2003, then Pakistan President [[Pervez Musharraf]] announced that Pakistan was willing to back off from demand for UN resolutions for Kashmir.<ref>{{cite news|url=http://www.thehindu.com/2003/12/19/stories/2003121908320100.htm|title=We have `left aside' U.N. resolutions on Kashmir: Musharraf}}</ref><ref>{{cite news|url=http://www.frontline.in/enwiki/static/html/fl2123/stories/20041119004002500.htm|title=The Musharraf formula}}</ref><ref>{{cite news|url=http://articles.economictimes.indiatimes.com/2012-11-17/news/35170767_1_kashmir-issue-kashmir-dispute-maximum-self-governance|title=Does Pakistan have sincere intention to resolve Kashmir issue: Omar to Musharraf}}</ref> Moreover, in November 2010, [[United Nations]] excluded Jammu and Kashmir from its annual list of unresolved international disputes under the observation of the [[United Nations Security Council]].<ref>{{cite news|url=http://www.dnaindia.com/india/report-jammu-kashmir-out-of-un-disputes-list-pakistan-cries-foul-1467235|title=Jammu & Kashmir out of UN disputes list; Pakistan cries foul}}</ref><ref>{{cite news|url=http://tribune.com.pk/story/77671/kashmir-issue-left-unmentioned-in-united-nations/|title=Kashmir issue left unmentioned in United Nations}}</ref><ref>{{cite news|url=http://timesofindia.indiatimes.com/india/UNSC-doesnt-list-JK-as-dispute/articleshow/6931920.cms|title=UNSC doesn't list J&K as dispute}}</ref><ref>{{cite news|url=http://www.rediff.com/news/report/kashmir-removed-from-un-list-of-disputes/20101115.htm|title=Kashmir removed from UN list of disputes}}</ref><ref>{{cite news|url=http://www.thehindu.com/news/national/jammu-and-kashmir-out-of-un-list-of-disputes/article886480.ece|title=Jammu and Kashmir out of U.N. list of disputes}}</ref><ref>{{cite news|url=http://articles.economictimes.indiatimes.com/2010-11-15/news/27601343_1_jammu-and-kashmir-amjad-hussain-b-sial-unresolved-long-running-situations|title=Jammu and Kashmir removed from list of disputes under UN}}</ref>
 ==See also==

Revision as of 09:02, 27 April 2016

See also

References

Further reading

External links