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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 !"#$ is a platform where you canget the chance to ta%e part in a conference for participants

willing to change the world

My name is &dil Imtia' and I am currently studying

(sychology, )usiness and Management and Mathemathics at

Hiranandani Foundation School *ith me is my &ssistant

Director &rnav Matta and Moderator &diti +erma &rnav is

class ## student who has ta%en the I) diploma program at

Hiranandani Foundation School He is a strong, hardwor%ingand very methodical person who always enoys a good de-ate

&diti is an I.S/ class #" student She is a very warm, team0

 playing and resourceful person who will always have crucial

insights to everything she o-serves She is undou-tedly an

e1cellent choice for -eing a moderator

*e at HFSMUN wish to fulfill the didactic aspect of the

 platitude 2thin% glo-al, act local3 *hile international issues are

 -eing discussed in this committee, we do not wish to ignore

issues closer to home 4his is why one topic of S(/.(56 isresolution of the conflict in 7ashmir 4he other topic shall -e

 post war reconstruction in 6i-ya 4hese two topics are not alien

to most of us 4hey have potential of provo%ing intense de-ate

8-oth productive and unproductive9

HFSMUN !"#$ will re:uire a lot of hard wor% and research -ut

more importantly, our first priority is help you enoy yourselves

It is a great platform to sociali'e and leave with fond memories

of our MUN

6oo%ing forward to see you in ;uly,

Sincerely than%ing you,

&dil Imtia'

Director:Adil Imtiaz

Moderator:

Aditi Verma

Assistant

Director:

Arnav Matta

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History

Kashmir is the northwestern region of the Indian su-continent Until the

mid0#<th century, the term  Kashmir  geographically denoted only

the valley -etween the Great Himalayas and the (ir (anal mountain range

4oday, it denotes a larger area that includes the Indian0administered state

of ;ammu and 7ashmir  8which consists of ;ammu, 7ashmir +alley, and

the 6ada%h regions9, the (a%istan0administered territories of &'ad

7ashmir  and Gilgit=)altistan, and the .hinese0administered regions

of &%sai .hin and the 4rans07ara%oram 4ract. It is surrounded -y .hina,

India and (a%istan 7ashmir was under Hindu rule till #$>? It wascon:uered -y Muslim rulers after this and Hindu shrines were destroyed and

many Hindus were forced to em-race Islam It was initially ruled -y the

Mughals and then -y the &fghan Durrani empire Four centuries of Muslim

rule in 7ashmir ended with the Si%h invasion of #@#< 4he Si%hs were

oppressive to the Muslims and enacted various anti0Muslim laws 7ashmir

was then con:uered -y the /ast India .ompany and shortly afterwards, sold

to Gula- Singh 4hereafter, 7ashmir was ruled -y Hindu Maharaas despite

 -eing a Muslim maority state

Situation post-independence

&fter Independence, the A?! princely states had the choice of oining India

or (a%istan In theory, they could oin either state )ut in reality, factors such

as geographic position and religion of maority decided which country the

state oined 7ashmir represented a special case Its geographic position

allowed it to oin either state It had a Muslim maority and a Hindu %ing

4he %ing -elieved independence could -e achieved -y forestalling thedecision to oin either state (a%istani tri-al leaders -ac%ed -y the (a%istani

army tried to con:uer 7ashmir and it was left helpless 4he %ing re:uested

India to help them Help could not -e ta%en from India without signing the

Instrument of &ccession to India 5nce 7ashmir was made a part of India,

India fought its first war with (a%istan less than three months from their

creation India later complained to the Security .ouncil a-out aggression on

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its own territory (a%istan vehemently denied these allegations and further

went on to say it discouraged tri-als from intervening in 7ashmir

4he accession of 7ashmir was recogni'ed as legal -y the UN 4he Soviet

Union -ac%ed India3s claims

4here have -een a num-er of legislations and resolutions that have -een

 passed in the United Nations with respect to the situation at 7ashmirB

The United Nations Commission for ndia and !a"istan#

In &ugust #<>C, India and (a%istan -ecame independent Under the scheme

of partition provided -y the Indian Independence &ct of #<>C, 7ashmir wasfree to accede to India or (a%istan Its accession to India -ecame a matter of 

dispute -etween the two countries and fighting -ro%e out later that year

In ;anuary #<>@, the Security .ouncil adopted esolution $< 8#<>@9,

esta-lishing the United Nations .ommission for India and (a%istan

8UN.I(9 to investigate and mediate the dispute In &pril #<>@, -y its

esolution >C 8#<>@9 , the .ouncil decided to enlarge the mem-ership of 

UN.I( and to recommend various measures including the use of o-servers

to stop the fighting &t the recommendation of UN.I(, the Secretary0

General appointed the Military &dviser to support the .ommission onmilitary aspects and provided for a group of military o-servers to assist him

4he first team of unarmed military o-servers, which eventually formed the

nucleus of the United Nations Military 5-server Group in India and

(a%istan 8UNM5GI(9, arrived in the mission area in ;anuary #<>< to

supervise, in the State of ;ammu and 7ashmir, the ceasefire -etween India

and (a%istan and to assist the Military &dviser to UN.I(

Having given careful consideration to the points of view e1pressed -y the

representatives of India and (a%istan regarding the situation in the State of

;ammu and 7ashmirE and

)eing of the opinion that the prompt cessation of hostilities and the

correction of conditions the continuance of which is li%ely to endanger

international peace and security are essential to implementation of its

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endeavors to assist the Governments of India and (a%istan in effecting a

final settlement of the situationE

esolves to su-mit simultaneously to the Governments of India and (a%istan

the following proposalB

!$%T & C'$S'-F%' (%)'% 

& 4he Governments of India and (a%istan agree that their respective High

.ommands will issue separately and simultaneously a cease0fire order to

apply to all forces under their control and in the State of ;ammu and

7ashmir as of the earliest practica-le date or dates to -e mutually agreed

upon within four days after these proposals have -een accepted -y -oth

Governments

) 4he High .ommands of the Indian and (a%istani forces agree to refrain

from ta%ing any measures that might augment the military potential of the

forces under their control in the State of ;ammu and 7ashmir 8For the

 purpose of these proposals forces under their control shall -e considered to

include all forces, organi'ed and unorgani'ed, fighting or participating in

hostilities on their respective sides

. 4he .ommanders0in0.hief of the forces of India and (a%istan shall

 promptly confer regarding any necessary local changes in presentdispositions which may facilitate the cease0fire

D In its discretion and as the .ommission may find practica-le, the

.ommission will appoint military o-servers who, under the authority of the

.ommission and with the co0operation of -oth .ommands, will supervise

the o-servance of the cease0fire order

/ 4he Government of India and the Government of (a%istan agree to appeal

to their respective peoples to assist in creating and maintaining an

atmosphere favoura-le to the promotion of further negotiations

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!$%T & T%UC' $*%''M'NT

Simultaneously with the acceptance of the proposal for the immediate

cessation of hostilities as outlined in (art I, -oth the Governments accept the

following principles as a -asis for the formulation of a truce agreement, thedetails of which shall -e wor%ed out in discussion -etween their

representatives and the .ommission

&

# &s the presence of troops of (a%istan in the territory of the State of

;ammu and 7ashmir constitutes a material change in the situation since it

was represented -y the Government of (a%istan -efore the Security .ouncil,

the Government of (a%istan agrees to withdraw its troops from that State

! 4he Government of (a%istan will use its -est endeavour to secure the

withdrawal from the State of ;ammu and 7ashmir of tri-esmen and

(a%istani nationals not normally resident therein who have entered the State

for the purpose of fighting

$ (ending a final solution, the territory evacuated -y the (a%istani troops

will -e administered -y the local authorities under the surveillance of the

commission

)

#*hen the commission shall have notified the Government of India that the

tri-esmen and (a%istani nationals referred to in (art II, &, !, hereof have

withdrawn, there-y terminating the situation which was represented -y the

Government of India to the Security .ouncil as having occasioned the

 presence of Indian forces in the State of ;ammu and 7ashmir, and further,

that the (a%istani forces are -eing withdrawn from the State of ;ammu and

7ashmir, the Government of India agrees to -egin to withdraw the -ul% of

its forces from that State in stages to -e agreed upon with the .ommission

! (ending the acceptance of the conditions for a final settlement of the

situation in the State of ;ammu and 7ashmir, the Indian Government will

maintain within the lines e1isting at the moment of the cease0fire the

minimum strength of its forces which in agreement with the commission are

considered necessary to assist local authorities in the o-servance of law and

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order 4he .ommission will have o-servers stationed where it deems

necessary

$ 4he Government of India will underta%e to ensure that the Government of 

the State of ;ammu and 7ashmir will ta%e all measures within its powers toma%e it pu-licly %nown that peace, law and order will -e safeguarded and

that all human political rights will -e granted

> Upon signature, the full te1t of the truce agreement or a communi:ue

containing the principles thereof as agreed upon -etween the two

Governments and the .ommission will -e made pu-lic

!$%T

4he Government of India and the Government of (a%istan reaffirm theirwish that the future status of the State of ;ammu and 7ashmir shall -e

determined in accordance with the will of the people and to that end, upon

acceptance of the truce agreement, -oth Governments agree to enter into

consultations with the .ommission to determine fair and e:uita-le

conditions where-y such free e1pression will -e assured

4his is the most significant resolution passed -y the UN on the state of

;ammu 7ashmir It clearly states that (a%istan has to vacate its troops

from the whole of the state It also mentions, al-eit indirectly, that (a%istanhad consistently lied on the :uestion of whether or not its troops were

involved in the fighting in ;ammu 7ashmir 5nce the then (a%istani

(rime Minister conceded that (a%istani troops were indeed involved, the UN

had no option -ut to as% for their withdrawal 4hat the withdrawal never

too% place is another story 4he Indian government uses this to ustify the

fact that a ple-iscite never too% place in 7ashmir

7ashmir has constantly -een the -one of contention for India and (a%istan

It has resulted in three was

India has given 7ashmir special autonomous status with &rticle $C"8a9 in its

constitution

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$rtic+e 3,0 of the Constitution of ndia

1# Notithstandin. anythin. in this Constitution&

a the provisions of article !$@ shall not apply in relation to the State of

;ammu and 7ashmir,

 - the power of (arliament to ma%e laws for the said State shall -e limited

toE

i those matters in the Union 6ist and the .oncurrent 6ist which, in

consultation with the Government of the State, are declared -y the (resident

to correspond to matters specified in the Instrument of &ccession governing

the accession of the State to the Dominion of India as the matters with

respect to which the Dominion 6egislature may ma%e laws for that StateE

and

ii such other matters in the said 6ists, as, with the concurrence of the

Government of the State, the (resident may -y order specify

2# f the concurrence of the *o/ernment of the State referred to in

para.raph

8ii9 of su-0clause 8-9 of clause 8#9 or in second provision to su-0clause 8d9 of

that clause -e given -efore the .onstituent &ssem-ly for the purpose of

framing the .onstitution of the State is convened, it shall -e placed -efore

such &ssem-ly for such decision as it may ta%e thereon

3# Notithstandin. anythin. in the fore.oin. pro/isions of the artic+ethe !resident may y pu+ic notification dec+are that this artic+e sha++

cease to e operati/e or sha++ e operati/e on+y ith such eceptions and

modifications and from such date as he may notify& (rovided that the

recommendation of the .onstituent &ssem-ly of the State referred to

in c+ause 24 sha++ e necessary efore the !resident issues such a

notification#

5# n eercise of the poers conferred y this artic+e the !resident on

the recommendation of the Constituent $ssem+y of the State of 6ammu

and Kashmir dec+ared that as from the 1,th day of No/emer 1782the said art# 3,0 sha++ e operati/e ith the modification that for the

ep+anation in c+#14 thereof the fo++oin. 'p+anation is sustituted

name+y&

Insurgency in 7ashmir 

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&n insurgency e1ists in 7ashmir due to the independence movement It has

 -een an armed struggle from #<@C onwards India has accused the (a%istani

intelligence agency ISI of supporting this insurgency &ccording to the

Hurriyat .onference, #"",""" people have lost their lives due to this

insurgency 4he ideological emphasis of the movement shifted from anationalistic and secularist one to an Islamic one

4his was in part driven -y the arrival in the valley of 7ashmir of large

num-ers of Islamic ;ihadi fighters who had fought in &fghanistan against

the Soviet Union in the #<@"s &l aeda has esta-lished terrorist -ases in

7ashmir It has -een hinted that they have -een planning attac%s on Indian

soil Infiltrations from (57 to Indian 7ashmir have -een very common

raising further security issues for India 4his issue is of primary importance

to India and it has consistently e1pressed its displeasure diplomatically

&%sai .hin

.hina is also involved in this conflict as .hina claims that a part of 7ashmir

%nown as &%sai .hin -elongs to .hina &%sai .hin ma%es up twenty percent

of ;ammu and 7ashmir as defined -y India &%sai .hin historically was not

very significant due to its high altitude 4he Si%hs and the .hinese had

signed a treaty in #@>! which stated that they would not interfere in each

others territory 4he )ritish after con:uering the Si%h %ingdom did not care

to define -orders Natural -arriers formed the -order -etween them &

)ritish cartographer defined a line %nown as the ;ohnson line which stated

&%sai .hin was a part of ;ammu &nd 7ashmir India recogni'ed this line

whereas .hina did not In the #<A"s 7ashmir -uilt a road connecting

iniang to *estern 4i-et which passed through &%sai .hin 4his made the

region more accessi-le to .hina than India .hina recogni'ed another line

%nown as the Mc.artney and McDonald line India and .hina fought the

Sino0Indian war in #<?! over this issue .hina is in occupation ofappro1imately $@,""" s: %ms of Indian 4erritory in ;ammu and 7ashmir In

addition, under the so0called .hina0(a%istan )oundary &greement of

#<?$, (a%istan ceded A,#@" s: %ms of Indian 4erritory in (a%istan

5ccupied 7ashmir to .hina .urrently twenty percent of ;ammu and

7ashmir is occupied -y .hina

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4he .onflict and possi-le solutionsB

$dministeredy

$rea !opu+ation 9Mus+im  9Hindu  9:uddhist 9

(ther

India7ashmir

valleyJ> million <AK >K = =  

;ammu J$ million $"K ??K = >K

6ada%hJ"!A

million>?K 8Shia9 = A"K $K

(a%istan Northern

&reasJ# million <<K = = =  

&'ad

7ashmir 

J!?

million #""K = = =  

.hina&%sai

.hin = = = = = 

• Statistics from the )). report In Depth L4here are roughly #A million

refugees from Indian0administered 7ashmir in (a%istan administered 7ashmir

and (a%istan UNH. 

• & minimum of A"?,""" people in Indian &dministered 7ashmir valley are

internally displaced due to militancy in 7ashmir  a-out half of which are Hindu

 pandits .I&

• Muslims are the maority in (oonch, aouri, 7ishtwar , and Doda districts

in ;ammu region Shia Muslims ma%e up the maority in 7argil district in

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6ada%h region

• India does not accept the two0nation theory and considers that 7ashmir,

despite -eing a Muslim0maority state, is in many ways an integral part ofsecular India??

ndia

It holds the Instrument of &ccession and demands control of whole of

;ammu &nd 7ashmir wholly as defined -y India issued maps 4he

constituent &ssem-ly of ;ammu and 7ashmir had also ratified the accession

to India India also claims that (57 is a -reeding ground for terrorist

organi'ations funded -y the (a%istani government India denounces humanright violations in &'ad 7ashmir India has also denounced human right

atrocities against the Hindu minorities in 7ashmir 4he chair would li%e to

give an appaling e1ample of these atrocities -y the means of an

unconventional way of imparting information in a study guide0 a :uote

O5ur people were %illed I saw a girl tortured with cigarette -utts &nother

man had his eyes pulled out and his -ody hung on a tree 4he armed

separatists used a chainsaw to cut our -odies into pieces It wasnPt ust the

%illing -ut the way they tortured and %illed

0& 7ashmiri Hindu woman to a )). news reporter

!a"istan

(a%istan firmly supports the two nation theory which states that a state must

cede to (a%istan if it is Muslim maority and to India if it is Hindu maority

)y this logic 7ashmir -elongs to (a%istan (a%istan is also against the

accession of 7ashmir to India -ecause of the water dispute -etween (a%istan

and India (a%istan -elieves that India is trying to divert water from

(a%istani soil deli-erately to adversely affect (a%istani crops Indus and its

five tri-utaries flow through 7ashmir (a%istan has vehemently denouncedalleged human right a-uses in Indian occupied 7ashmir &ccording to

UNH., Indian security forces have assaulted civilians during search

operations, tortured and summarily e1ecuted detainees in custody and

murdered civilians in reprisal attac%s ape most often occurs during

crac%downs, cordon0and0search operations during which men are held for

identification in par%s or schoolyards while security forces search their

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homes In these situations, the security forces fre:uently engage in collective

 punishment against the civilian population, most fre:uently -y -eating or

otherwise assaulting residents, and -urning their homes ape is used as a

means of targeting women whom the security forces accuse of -eing militant

sympathi'ersE in raping them, the security forces are attempting to punishand humiliate the entire community

!ossi+e so+utions

#0Kashmir ecomes independent

4his does sound li%e a via-le solution, since -oth India and (a%istan would

not -e willing to give up so much territory &lso, 7ashmir would e1perience

 pro-lems in foreign relations as it would -e sandwiched -etween two rival

countries 7ashmir could e1perience severe resource pro-lems due to such

relations *ater dispute would -ecome more pronounced than ever .hina

would also have to -e -rought into the e:uation and it too would not react

well to giving up territory Human right violations and issues with state

religion would still -e issues of paramount e1perience Minorities such as

)uddhist mon%s, 7ashmiri pandits etc may face human right a-uses from

Islamist radicals .onstituent assem-ly compostion too shall -e something

hard to decide on unanimously If Sharia law was to -e enforced it would -e

not -e received well -y the non0Muslim minority resulting in possi-lefurther displacement of minorities & study found that >$ percent of

7ashmiris would prefer independence

!0Kashmir stays ho++y ith ndia

4his solution would -e seen as most favora-le -y India )ut this solution is

most li%ely to -e denied -y (a%istan as it involves loss of its 2ugular vein3

India may also state that 7ashmir is an internal affair and hence the

international community should not get involved in its politics 4he Muslim

maority may demand a greater degree of autonomy and would demand

removal of Indian army forces from 7ashmir as their reputation is tainted

due to alleged human right a-uses -ut it would -e impractical as 7ashmir

would -order (a%istan *ater sharing would definitely -e a pro-lem too

&reas such as 6ada%h and ;ammu would accept this solution as it is in their

favor .hina would mostly li%ely not agree to the loss of &%sai .hin India

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%eferences

httpBRRhinduisma-outcomRodRhistoryRaR7ashmir0(aradise06osthtm

httpBRRwww%ashmir0informationcomR7ashmirStory

httpBRRwwwammu0%ashmircomRdocumentsR%unresolutionhtml 

httpBRRlawminnicinRcoiR(&4Ipdf 

httpBRRwwwglo-alsecurityorgRmilitaryRworldRwarRindia0chinaconflictshtm

httpBRRwe-archiveorgRwe-R!""C"#"?"@>C$CRhttpBRRmeaindianicinR%R#<%"

#pdf 

httpBRRnews--ccou%RhiRenglishRstaticRindepthRsouthasiaR!""!Rindiapa%is

tanRtimelineR#<@<stm

httpBRRinreuterscomRarticleR!""@R##R!#RidINIndia0$??!>A!""@##!#

)radnoc%, o-ertT7ashmirB (aths to (eaceT .hatham House, 6ondon, !""@