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United Nations Security Council Resolution 47

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UN Security Council 47
DateApril 21 1948
Meeting no.286
CodeS/726 (Document)
SubjectThe India-Pakistan Question
ResultAdopted

The United Nations Security Council Resolution 47, adopted on April 21, 1948, concerns the resolution of the Kashmir conflict. 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]Foreign Minister of Pakistan, on the role of the Security Council in the Pacific Settlement of Disputes</ref> 'The Kashmir issue was taken to the UN by India in January, 1948. In 1947, India and Pakistan went to war over Kashmir. During the war, it was India which first took the Kashmir dispute to the United Nations on 1 January 1948. On 1 January 1949, the UN helped enforce ceasefire between the two countries. The ceasefire line is called the Line of Control. It was an outcome of a mutual consent by India and Pakistan that the UN Security Council (UNSC) and UN Commission for India and Pakistan (UNCIP) passed several resolutions in years following the 1947-48 war. The UNSC Resolution of 21 April 1948--one of the principal UN resolutions on Kashmir—stated that “both India and Pakistan desire that the question of the accession of Jammu and Kashmir to India or Pakistan should be decided through the democratic method of a free and impartial plebiscite”. Subsequent UNSC Resolutions reiterated the same stand. UNCIP Resolutions of 3 August 1948 and 5 January 1949 reinforced UNSC resolutions.' Kashmir policy: an overview by Shamshad Ahmad, Dawn 2004-08-05</ref>Cite error: A <ref> tag is missing the closing </ref> (see the help page). The resolutions established self-determination as the governing principal for the settlement of the Kashmir dispute. The resolutions endorsed a binding agreement between India and Pakistan reached through the mediation of UNCIP, that a plebiscite would be held, under agreed and specified conditions. The Security Council has rejected the Indian contention that the people of Kashmir have exercised their right of self-determination by participating in the "election" which India has from time to time organized in the Held Kashmir. The 0.2% turn out during the 1989 "elections" was the most recent clear repudiation of the Indian claim. The Simla Agreement of 2 July 1972, to which Pakistan also continues to adhere, 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. 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, which is recognized by the United Nations and the World Community in general. Article 1(iv) obviously refers to the Kashmir issue when it talks of "the basic issues and causes of conflict which have bedeviled the relations between the two countries for the last 25 years". [2]

See also

References

  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.
  2. ^ https://en.wikipedia.org/wiki/Chapter_VI_of_the_United_Nations_Charter

Further reading

  • Korbel, Josef (1966) [first published 1954], Danger in Kashmir, Princeton University Press
  • Subbiah, Sumathi (2004), "Security Council Mediation and the Kashmir Dispute: Reflections on Its Failures and Possibilities for Renewal", Boston College International and Comparative Law Review, 27 (1): 173–185
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