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Shimla Agreement key for Kashmir settlement, says UN

“The final settlement of the dispute concerning Jammu and Kashmir is to be reached by peaceful means under the Charter of the United Nations and with full respect for human rights… The Secretary-General also recalls the 1972 agreement on bilateral relations between India and Pakistan, also known as the Shimla Agreement,” Farhan Haq, deputy spokesperson for Secretary-General Antonio Guterres, has said.

News Arena Network - New York - UPDATED: August 8, 2024, 03:59 PM - 2 min read

“The final settlement of the dispute concerning Jammu and Kashmir is to be reached by peaceful means under the Charter of the United Nations and with full respect for human rights… The Secretary-General also recalls the 1972 agreement on bilateral relations between India and Pakistan, also known as the Shimla Agreement,” Farhan Haq, deputy spokesperson for Secretary-General Antonio Guterres, has said.

Shimla Agreement key for Kashmir settlement, says UN

Farhan Haq's comments came in response to a question from a Palestinian journalist during the daily UN briefing on the UN’s silece on the abrogation of Article 370 of India’s Constitution on August 5, 2019, which revoked the special status of Kashmir.

The United Nations has reiterated that the Shimla Agreement of 1972 should be considered while seeking a final settlement for the Kashmir dispute as per the UN Charter, Farhan Haq, the deputy spokesperson for Secretary-General Antonio Guterres, has said.

“Our position on Kashmir remains unchanged: That the final settlement of the dispute concerning Jammu and Kashmir is to be reached by peaceful means under the Charter of the United Nations and with full respect for human rights,” Haq said during the daily media briefing.

“The Secretary-General also recalls the 1972 agreement on bilateral relations between India and Pakistan, also known as the Shimla Agreement,” he added.

The Shimla Agreement, signed in 1972 by then-Indian Prime Minister Indira Gandhi and then Pakistani President Zulfikar Ali Bhutto following the Bangladesh War, stipulated that disputes between the two nations, including Kashmir, were to be resolved bilaterally without third-party intervention.

Haq's comments came in response to a question from a Palestinian journalist during the daily UN briefing.

The journalist had asked why the UN had remained silent on the abrogation of Article 370 of India’s Constitution on August 5, 2019, which revoked the special status of Kashmir.

Haq clarified that the UN’s stance was governed by its Charter and the applicable Security Council resolutions.

Security Council Resolution 47, adopted on April 21, 1948, requires Pakistan to withdraw its nationals and tribesmen from Jammu and Kashmir and prevent any further intrusions or support to those fighting in the region.

While Pakistan often cites the Security Council resolution calling for a plebiscite in Kashmir, it overlooks the resolution's demand for Pakistan to withdraw from the occupied areas and cease aiding terrorists.

India maintains that given Pakistan’s non-compliance, a plebiscite is moot, and the people of Kashmir have expressed their preferences through participation in elections.

Haq added, "The UN's position is governed by the Charter of the United Nations and applicable Security Council resolutions.”

India argues that the plebiscite is unnecessary as the region's residents have consistently participated in democratic elections, reflecting their will.