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Strategic Analysis:
A Monthly Journal of the IDSA
Appendix 1
Standstill Agreement with India and Pakistan, August 12 1947
Identical telegrams were sent by the Prime Minister of Kashmir to Dominions of India and Pakistan on August 12 1947. The text is as follows:
"Jammu and Kashmir Government would welcome Standstill Agreements with India (Pakistan) on all matters on which these exist at present moment with outgoing British India Government. It is suggested that existing arrangements should continue pending settlement of details.
Reply from Government of Pakistan sent on August 15 1947:
"Your telegram of the 12th. The Government of Pakistan agree to have a Standstill Agreement with the Government of Jammu and Kashmir for the continuance of the existing arrangements pending settlement of details and formal execution."
Reply from Government of India:
"Government of India would be glad if you or some other Minister duly authorised in this behalf could fly to Delhi for negotiating Standstill Agreement between Kashmir Government and India Dominion. Early action desirable to maintain intact existing agreements and administrative arrangements."
The representative of Kashmir did not visit Delhi and no Standstill Agreement was concluded between the State and the Dominion of India.
Appendix 2
Instrument of Accession, October 27 1947
Whereas the Indian Independence Act, 1947, provides that as from the fifteenth day of August, 1947, there shall be set up an independent Dominion known as INDIA, and that the Government of India Act, 1935, shall, with such omission, additions, adaptations and modifications as the Governor-General may by order specify, be applicable to the Dominion of India.
And whereas the Government of India Act, 1935, as so adapted, by the Governor-General provides that an Indian State may accede to the Dominion of India by an Instrument of Accession executed by the Ruler thereof:
Now, therefore, I, Shriman Inder Mahander Rajrajeshwar Maharajadhiraj Shri Hari Singhji Jammu and Kashmir Naresh Tatha Tibbet Adi Deshahipathi, Ruler of Jammu and Kashmir State, in the exercise of my Sovereignty in and over my said State do hereby execute this my Instrument of Accession; and
1. I, hereby declare that I accede to the Dominion of India with the intent that the Governor-General of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall, by virtue of this my Instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the State of Jammu and Kashmir (hereinafter referred to as "this State) such functions as may be vested in them by or under the Government of India Act, 1935, as in force in the Dominion of India, on the 15th day of August 1947, (which Act as so in force is hereafter referred to as "the Act")
2. I, hereby assume the obligation of ensuring that due effect is given to provisions of the Act within this State so far as they are applicable therein by virtue of this my instrument of Accession.
3. I, accept the matters specified in the scheduled hereto as the matters with respect to which the Dominion Legislature may make laws for this State.
4. I, hereby declare that I accede to the Dominion of India on the assurance that if an agreement is made between the Governor-General and the Ruler of this State whereby any functions in relation to the administration in this State of any law of the Dominion Legislature shall be exercised by the Ruler of this State, then any such agreement shall be deemed to form part of this Instrument and shall be construed and have effect accordingly.
5. The terms of this my Instrument of Accession shall not be varied by any amendment of the Act or the Indian Independence Act, 1947, unless such amendment is accepted by me by instrument supplementary to this Instrument.
6. Nothing in this Instrument shall empower the Dominion Legislature to make any law for this State authorising the compulsory acquisition of land for any purpose, but I hereby undertake that should the Dominion for the purpose of a Dominion law which applies in this State deem it necessary to acquire any land, I will at their request acquire the land at their expense, or, if the land belongs to me transfer it to them on such terms as may be agreed or, in default of agreement, determined by an arbitrator to be appointed by the Chief justice of India.
7. Nothing in this Instrument shall be deemed to commit in any way to acceptance of any future Constitution of India or to fetter my discretion to enter into arrangement with the Government of India under any such future Constitution.
8. Nothing in this Instrument affects the continuance of my Sovereignty in and over this State, or, save as provided by or under this Instrument, the exercise of any powers, authority and rights now enjoyed by me as Ruler of this State or the validity of any law at present in force in this State.
9. I hereby declare that I execute this Instrument on behalf of this State and that any reference in this Instrument to me or to the Ruler of the State is to be construed as including a reference to my heirs and successors.
Given under my hand this 26th day of October, nineteen hundred and forty-seven.
Hari Singh,
Maharajadhiraj of Jammu and Kashmirr State.
Acceptance of Accession by the Governor-General of India.
I do hereby accept this Instrument of Accession.
Dated this twenty-seventh day of October, nineteen hundred and forty-seven.
Mountbatten of Burma,
Governor-General of India.
Appendix 3
UNCIP Resolution of January 5 1949
The United Nations Commission for India and Pakistan, having received from the Governments of India and Pakistan, in communications dated December 23 and December 25 1948, respectively, their acceptance of the following principles which are supplementary to the Commission's resolution of August 13 1948.
1. The question of the accession of the State of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite.
2. A plebiscite will be held when it shall be found by the Commission that the cease-fire and truce arrangements set forth inn Parts I and II of the Commission's resolution of August 13, 1948, have been carried out and arrangement's for the plebiscite have been completed.
3. (a) The Secretary-General of the United Nations will, in agreement with the Commission, nominate a Plebiscite Administration who shall be a personality of high international standing and commanding general confidence. He will be formally appointed to office by the Government of Jammu and Kashmir;
(b) The Plebiscite Administrator shall derive from the State of Jammu and Kashmir the powers he considers necessary for organising and conducting the plebiscite and for ensuring the freedom and impartiality of the plebiscite;
(c) The Plebiscite Administrator shall have authority to appoint such staff of assistants and observers as he may require.
4. (a) After implementation of Parts I and II of the Commission's resolution of August 13 1948, and when the Commission is satisfied that peaceful conditions have been restored in the State, the Commission and the Plebiscite Administrator will determine, in consultation with the Government of India, the final disposal of Indian and State armed forces, such disposal to be with due regard to the security of the State and the freedom of the plebiscite;
(b) As regards the territory referred to in A-2 of Part II of the resolution of August 13, final disposal of the armed forces in that territory will be determined by the Commission and the Plebiscite Administrator in consultation with the local authorities.
5. All civil and military authorities within the State and the principal political elements of the State will be required to co-operate with the Plebiscite Administrator in the preparation for and the holding of the plebiscite.
6. (a) All citizens of the State who have left it on account of the disturbances will be invited and be free to return and to exercise all their rights as such citizens. For the purpose of facilitating repatriation there shall be appointed two Commissions, one composed of nominees of India and the other of nominees of Pakistan. The Commissions shall operate under the direction of the Plebiscite Administrator. The Governments of India and Pakistan and all authorities within the State of Jammu and Kashmir will collaborate with the Plebiscite Administrator in putting this provision into effect;
(b) All persons (other than citizens of the State) who on or since August 15 1947, have entered it for other than lawful purpose, shall be required to leave the State.
7. All authorities within the State of Jammu and Kashmir will undertake to ensure, in collaboration with the Plebiscite Administrator, that:
(a) There is no threat, coercion or intimidation, bribery or other undue influence on the voters in the plebiscite;
(b) No restrictions are placed on legitimate political activity throughout the State. All subjects of the State regardless of creed, caste or party, shall be safe and free in expressing their views and in voting on the question of the accession of the State to India or Pakistan. There shall be freedom of the press, speech and assembly and freedom of travel in the State, including freedom of lawful entry and exit;
(c) All political prisoners are released;
(d) Minorities in all parts of the State are accorded adequate protection; and
(e) There is no victimisation.
8. The Plebiscite Administrator may refer to the United Nations Commission for India and Pakistan problems on which he may require assistance, and the Commission may in its discretion call upon the Plebiscite Administrator to carry out on its behalf any of the responsibilities with which it has been entrusted.
9. At the conclusion of the plebiscite the Plebiscite Administrator shall report the result thereof to the Commission and to the Government of Jammu and Kashmir. The Commission shall then certify to the Security Council whether the plebiscite has or has not been free and impartial.
10. Upon the signature of the truce agreement the details of the foregoing proposals will be elaborated in the consultations envisaged in Part III of the Commission's resolution of August 13 1948. The Plebiscite Administrator will be fully associated in these consultations.
Commends the Governments of India and Pakistan for their prompt action in ordering a cease-fire to take effect from one minute before midnight of January 1 1949, pursuant to the agreement arrived at as provided for by the Commission's resolution of August 13 1948.
Resolves to return in the immediate future to the sub-continent to discharge the responsibilities imposed upon it by the resolution of August 13 1948, and by the foregoing principles.
Appendix 4
Agreement between Military Representatives of India and Pakistan Regarding the Establishment of a Cease-fire Line in the State of Jammu and Kashmir, July 27 1949
This agreement, signed in the presence of the UN, representatives, establishes a cease-fire line in J&K following the 1947-48 armed conflict between the two countries.
1. Introduction
A. The military representatives of India and Pakistan met together in Karachi from July 18 to July 27 1949 under the auspices of the Truce Sub-committee of the United Nations Commission for India and Pakistan.
B. The members of the Indian delegation were: Licutenant General S M Shrinagesh, Major General K S Thimayya, Brigadier S H F J Manckshaw. As observers: Mr H M. Patel, Mr V Sahay.
C. The members of the Pakistan delegation were: Major General W J Cawthorn, Major General Nazir Ahmad, Brigadier M Sher Khan. As observers: Mr M Ayub, Mr A A Khan.
D. The members of the Truce Sub-committee of the United Nations Commission for India and Pakistan were: Mr Harnando Samper (Colombia), Chairman; Mr William L S William (United States); Licutenant General Maurice Delvoic, Military Adviser: Mr Miguel A Marin, Legal Adviser.
II. Agreement
A. Considering:
1. That the United Nations Commission for India and Pakistan, in its letter dated July 2 1949 (annex 25), invited the Governments of India and Pakistan to send fully authorised military representatives to meet jointly in Karachi under the auspices of the Commission's Truce sub-Committee to establish a cease-fire line in the State of Jammu and Kashmir, mutually agreed upon by the Governments and India and Pakistan.
2. That the United Nations Commission for India and Pakistan in its letter stated that "The meetings will be for military purpose; political issues will not be considered", and that "They will be conducted without prejudice to negotiations concerning the truce agreement".
3. That in the same letter the United Nations Commission for India and Pakistan further stated that: "The cease-fire line is a complement of the suspension of hostilities, which falls within the provisions of part I of the resolution of August 13 1948, and can be considered separately from the questions relating to Part II of the same resolution".
4. That the Governments of India and Pakistan; in their letters dated July 7 1949 to the Chairman of the Commission accepted the Commission's invitation to the military conference in Karachi.
B. The delegations of India and Pakistan, duly authorised, have reached the following agreement:
1. Under the provisions of Part I of the resolution of August 13 1948, and as a complement of the suspension of hostilities in the State of Jammu and Kashmir on January 1 1949 a cease-fire line is established.
2. The cease-fire line runs from Manawar in the south, north to Keran and from Keran cast to the glacier area, as follows:
(a) The line from Manawar to the south bank of the Jhelum River at Urusa (inclusive to India) is the line now defined by the factual positions about which there is agreement between both parties. Where there has hitherto not been agreement, the line shall be as follows:
(i) In Patrana area: Kohel (inclusive to Pakistan) north along the Khuwala Kas Nullah up to Point 2276 (inclusive to India), thence to Kirni (inclusive to India).
(ii) Khambha, Pir Satwan, Point 3150 and Point 3606 are inclusive to India, thence the line runs to the factual position at Bangla Gala, thence to the factual position at Point 3300.
(iii) In the area south of Uri the positions of Pir Kanthi and Ledi Gali are inclusive to Pakistan.
(b) From the north bank of the Jhelum River the line runs from a point opposite the village of Urusa (NL 972109), thence north following the Ballaseth Da Nar Nullah (inclusive to Pakistan) up to NL 973140, thence northeasrt to Chhota Qazinag (Point 10657, inclusive to India), thence to NM 010180, thence to NM037210, thence to Point 11825 (NM 025354, inclusive to Pakistan) thence to Tutmari Gali (to be shared by both sides, posts to be established 500 yards, on either side of the Gali), thence across the Danna ridge (following the factual positions) to Richmar Gali (inclusive to India), thence north to Thanda Katha Nullah; thence north to the Kishanganga River. The line then follows the Kishanganga River up to a point situated between Jargi and Tarban, thence (all inclusive to Pakistan) to Bankoran, thence north-east to Khori, thence to the hill feature 8930 (in Square 9053), thence straight north to point 10164 (in square 9057), thence to point 10323 (in square 9161), thence northeast straight to Guthur, thence to Bhutpathra, thence to NL 980707, thence following the Bugina Nullah to the junction with the Kishanganga River at Point 4739. Thereafter the line follows Kishanganga River to Keran and onwards to Point 4996 (NL 975818).
(c) From Point 4996 the line follows (all inclusive to Pakistan) the Jamgar Nullah eastward to Point 12124, to Katware to Point 6678, then to the northeast to Sarian (Point 11279), to Point 11837, to Point 13090, to Point 12641, thence east again to Poinit 11142, thence to Dhakki, thence to Point 11415, thence to Point 10301, thence to Point 7507, thence to Point 10685, thence to Point 8388, thence south-east to Point 11812. Thence the line runs (all inclusive to India) to Point 13220 thence across the River to the east to Point 13449 (Durmat), thence to Point 14586 (Anzbari), thence to Point 13554, thence to Milestone 45 on the Burzil Nullah, thence to the east to Ziankal (Point 12909), thence to the southeast to Point 11114, thence to Point 12216, thence to Point 12867, thence to the east to Point 11264, thence to Karo (Poiint 14985), thence to Point 14014, thence to Point 12089, thence following the track to Point 12879. From there the line runs to Point 13647 (Karobal Gali, to be shared by both sides). The cease-fire line runs thence through Retagah Chhish (Poinit 15316), then through Point 15889, thence through Point 17392, thence through Point 16458, thence to Marpo La (to be shared by both sides), thence through Point 17561, thence through Point 17352, thence through Point 18400, thence through Point 16760, thence to (inclusive to India), Dalunang.
(d) From Dalunang eastwards the cease-fire line will follow the general line Point 15495, Ishmam, Manus, Gangam, Gunderman point 13620, Junkar (Point 17628), Marmak, Natsara, Shangruti (Point 17531), Chorbat La (Point 16700), Chalunka (on the Shyok River) Khor, thence north to the glackiers. This portion of the cease-fire line shall be demarcated in detail on the basis of the factual position as of July 27 1949 by the local commanders; assisted by United Nations Military Observers.
C. The cease-fire-line described above shall be drawn on a one-inch map (where available) and then be verified mutally on the ground by local commanders on each side with the assistance of the United Nations Military Observers, so as to climate any no-man's land. In the event that the local commanders are unable to reach agreement, the matter shall be referred to the Commission's Military Adviser, whose decision shall be final. After this verification, the Military Adviser will issue to each High Command a map on which will be marked the definitive cease-fire line.
D. No troops shall be stationed or operate in the area of the Burzil Nullah from south of Minimarg to the cease-fire line. This area is bounded on the west by the ridge leading northeast from Dudgaikal to Point 13071, to Point 9447, to Point 13463, and on the east by the ridge running from Point 12470 to Point 11608, to Point 13004, to Point 13976, to Point 13450. Pakistan may, however, post troops on the western [side] of the above ridges to cover the approaches to Kamri Bal Pass.
E. In any dispositions that may be adopted in consequences of the present agreement troops will remain at least 500 yards from the cease-fire line except where the Kishanganga River constitutes the line. Points which have been shown as inclusive to one party may be occupied by that party, but the troops of the other party shall remain at a distance of 500 yards.
F. Both sides shall be free to adjust their defensive positions behind the cease-fire line as determined in paragraphs. A through E, inclusive, subject to no wire or mines being used when new bunkers and defences are constructed. There shall be no increase of forces or strengthening of defences in areas where no major adjustments are involved by the determination of the cease-fire line.
G. The action permitted by paragraph F above shall not be accompanied or accomplished by the introduction of additional military potential by either side into the State of Jammu and Kashmir.
H. Except as modified by paragraphs A to G, inclusive, above, the Military agreements between the two High Commands relating to the cease-fire of January 1 1949 shall continue to remain operative.
I. The United Nations Commission for India and Pakistan will station observers where it deems necessary.
J. The delegations shall refer this agreement to their respective Governments for ratification. The documents of ratification shall be deposited with the United Nations Commission for India and Pakistan not later than July 31 1949.
K. A period of thirty days from the date of ratification shall be allowed to each side to vacate the areas at present occupied by then beyond the cease-fire line as now determined. Before the expiration of this thirty-day period there shall be no forward movement into areas to be taken over by either side pursuant to this agreement, except by mutual agreement between local commanders.
In faith where of the undersigned sign this documents in three original copies.
Done in Karachi on July 27 1949.
For the Government of India
(Signed) S M Shrinagesh
For the Government of Pakistan
(Signed) J Cawthorn
Major General
For the United Nations Commission
For India and Pakistan:
(Signed) Hernando Samper
M Delvoic
Appendix 5
Water Agreements
Agreement on Punjab Canal Waters
(Issued in New Delhi on May 7 1948)
This agreement concerns a dispute over the flow of water from East Punjab in India to West Punjab in Pakistan. It was agreed to progressively diminish water from East Punjab to the canals in West Punjab in order to give Pakistan reasonable time to tap alternative sources.
A dispute has arisen between the East and West Punjab Governments regarding the supply of water to the Central Bari Doab and the Depalpur canals in West Punjab. The contention of the East Punjab Government is that under the Punjab Partition (Apportionment of Assets and Liabilities) Order, 1947, and the Arbitral Award the proprietary rights in the waters of the rivers in East Punjab vest wholly in the East Punjab Government and that the West Punjab Government cannot claim any share of these waters as a right. The West Punjab Government disputes this contention, its view being that the point has conclusively been decided in its favour by implication by the Arbitral Award and that in accordance with international law and equity, West Punjab has a right to the waters of the East Punjab rivers.
The East Punjab Government has revived the flow of water into these canals on certain conditions of which two are disputed by West Punjab. One, which arises out of the contention in paragraph 1, is the right to the levy of seigniorage charges for water and the other in the question of the capital cost of the Madhavpur Headworks and carrier channels to be taken into account.
The East and West Punjab Governments are anxious that this question should be settled in a spirit of goodwill and friendship. Without prejudice to its legal rights, the East Punjab Government has assured the West Punjab Government that it has no intention suddenly to withhold water from West Punjab without giving it time to tap alternative sources. The West Punjab Government on its part recognises the natural anxiety of the East Punjab Government to discharge the obligation to develop areas where water is scarce and which were under-developed in relation to parts of West Punjab.
Apart, therefore, from the question of law involved, the Governments are anxious to approach the problem in a practical spirit on the basis of the East Punjab Government progressively diminishing its supply to these canals in order to give reasonable time to enable the West Punjab Government to tap-alternative sources.
The West Punjab Government has agreed to deposit immediately in the Reserve Bank such ad hoc sum as may be specified by the Prime Minister of India. Out of this sum, that Government agrees to the immediate transfer to East Punjab Government of sums over which there is no dispute.
After the examination by each party of the legal issues, of the method of estimating the cost of water to be supplied by the East Punjab Government and of the technical survey of waters resources and the means of using them for supply to these canals, the two Governments agree that further meetings between their representatives should take place.
The Dominion Governments of India and Pakistan accept the above terms and express the hope that a friendly solution will be reached.
The agreement of 1948 provided the supply of water to Pakistan by India and for its gradual diminution. It also stipulated that Pakistan must make certain payment to India for the supply of water, and it was only on the basis of this Agreement that Pakistan Canals were being supplied with water through the headworks in India territory.
Hafiz Mohd Ibrahim,
September 12 1958
Text of India-Pakistan Transitional Ad Hoc Agreement on Canal Waters
(Issued in Washington on April 17 1959)
On the mediation of the World Bank India and Pakistan agreed to make temporary arrangements from April 1959 to March 1960 for additioanl withdrawals by India from the eastern rivers of Punjab.
The Government of India and the Government of Pakistan, with the good offices of the International Bank for Reconstruction and Development, have entered into another inter-governmental agreement in connection with the Indus Waters discussion.
This inter-governmental agreement makes provision for transitional arrangements for the period April 1 1959 to March 31 1960 and after taking into account Pakistan's ability to transfer water in replacement from the western rivers, establishes agreed amounts for additional withdrawals by India from the three eastern rivers (Ravi, Beas and Sutlej) during the period covered by the agreement.
The agreement was signed in Washington on April 17 1959, on bahalf of Pakistan by His Excellency Aziz Ahmad, the Ambassador of Pakistan to the United States of America, and on behalf of India by Mr N D Gulhati, Additioanl Secretary to the Government of India in the Ministry of Irrigation and Power.
This Inter-Governmental Agreement makes provision for the period April 1 1959 to March 1 1960, and after taking into account Pakistan's ability to transfer water in replacement from the western rivers, establishes agreed amounts for additional withdrawals by India from the three easter rivers during the period covered by the Agreement.
Indus Waters Treaty
(Issued in Karachi on September 19 1960)
This treaty, signed by Jawaharlal Nehru and Ayub Khan, is aimed at equitable use of the river waters in the Indus System in the Punjab provinces of the two countries. A Permanent Indus Commission was set up to serve "as regular channel of communication on all matters relating to the implementation of the Treaty". This treaty turned out to be a durable one in course of time.
Preamble
The Government of India and the Government of Pakistan, being equally desirous of attaining the most complete and satisfactory utilisation of the waters of the Indus system of rivers and recognising the need, therefore, of fixing and delimiting, in a spirit of goodwill and friendship, the rights and obligations of each in relation to the other concerning the use of these waters and of making provision for the settlement, in a cooperative spirit, of all such questions as may hereafter arise in regard to the interpretation or application of the provisions agreed upon herein, have resolved to conclude a Treaty in furtherance of these objectives, and for this purpose have named as their pleni-potentiaries:
The Government of India: Shri Jawaharlal Nehru, Prime Minister of India, and the Government of Pakistan: Field Marshal Mohammad Ayub Khan, H P, H J, President of Pakistan who having communicated to each other their respective 'Full Powers' and having found them in good and due form, have agreed upon the following:-
As used in this Treaty:
(1) The terms "Article" and "Annexure" mean respectively an Article of, and an Annexure to, this Treaty. Except as otherwise indicated, reference to Paragraphs are to the paragraphs in the Article or in the Annexure in which the reference is made.
(2) The term "Tributary" of a river means any surface channel, whether in continuous or intermittent flow and by whatever name called, whose waters in the natural course would fall into that river, e.g. a tributary, a torrent, a natural drainage, an artificial drainage, a nadi, a nllah, a nai, a khad, a cho. He term also inclusdes any subtributary or branch or subsidiary channel, by whatever name called, whose waters in the natral course, would directly or otherwise flow into that surface channel.
(3) The term "The Jhelum," "The Chenab," "The Ravi," "The Beas" or "The Sutlej" means the named river (including Connecting Lakes, if any) and all its Tributaries: Provided however that:
(i) None of the rivers named above shall be deemed to be a Tributary;
(ii) The Chenab shall be deemed to include the river Panjnad; and
(iii) the river Chandra and the river Bhaga shall be deemed to be Tributaries of the Chenab.
(4) The term "Main" added after Indus, Jhelum, Chenab, Sutlej, Beas or Ravi means the main steam of the named river excluding its Tributaries, but including all channels and creeks of the main stem of that river and such Connecting Lakes as form part of the main stem itself. The Jhelum Main shall be deemed to extent up to Vering, and The Chenab Main up to the confluence of the river Chandra and the river Bhaga.
(5) The term "Eastern Rivers" means The Sutlej, The Beas and The Ravi taken together.
(6) The term "Western Rivers" means The Indus, The Jhelum and The Chenab taken together.
(7) The term "the Rivers' means all the rivers, The Sutlej, The Beas, The Ravi, The Indus, The Jhelum and The Chenab.
(8) The term "Connecting Lake" means any lake which receivers water from, or yields water to, any of the Rivers; but any lake which occasionally and irregularly receives only the spill of any of the Rivers and returns only the whole or part of that spills is not a Connecting Lake.
(9) The term "Agricultural Use" means the use of water for irrigation, except for irrigation of household gardens and public recreational gardens.
(10) The term "Domestic Use" means the use of water for:
(a) drinking, washing, bathing, recreation, sanitation (including the conveyance and dilution of sewage and of industrial and other wastes), stock and poultry, and other like purposes;
(b) household and municipal purposes (including use for household gardens and public recreational gardens); and
(c) industrial purposes (including mining, milling and other like purposes);
but the term does not include Agricultural Use or use for the generation of hydro-electric power.
(11) The term "Non-Consumptive Use" means any control or use of water for navigation, floating of timber or other property, flood protection or flood control, fishing or fish culture, wild life or other like beneficial purposes, provided that, exclusive of seepage and evaporation of water incidential to the control or use, the water undimished in volume (within the practical range of measurement) remains in, or is returned to, the same river or its Tributaries; but the term does not include Agricultural Use or use for the generation of hydro-electric power.
(12) The term "Transition Period" means the period beginning and ending as provided in Article II (6).
(13) The term "Bank" means the International Bank for Reconstruction and Development.
Appendix 6
Tashkent Declaration, January 10 1966
* * *
The Prime Minister of India and the President of Pakistan record their feelings of deep appreciation and gratitude to the leaders of the Soviet Union, the Soviet Government and personally to the Chairman of the Council of Ministers of the USSR for their constructive, friendly and noble part in bringing about the present meeting which has resulted in mutually satisfactory results. They also express to the Government and friendly people of Uzbekistan their sincere thankfulness for their overwhelming reception and generous hospitality.
They invite the Chairman of the Council of Ministers of the USSR to witness this declaration.
Prime Minister of India President of Pakistan
Lal Bahadur Shastri Mohammed Ayub Khan
Tashkent, January 10 1966
Appendix 7
Simla Agreement, 1972 Agreement on Bilateral Relations between the Government of India and the Government of Pakistan
1. The Government of India and the Government of Pakistan are resolved that the two countries put an end to the conflict and confrontation that have hitherto marred their relations and work for the promotion of a friendly and harmonious relationship and the establishment of durable peace in the sub-continent, so that both countries may henceforth devote their resources and energies to the pressing task of advancing the welfare of their peoples.
In order to achieve this objective, the Government of India and the Government of Pakistan have agreed as follows:
(i) That the principles and purposes of the Charter of the United Nations shall govern the relations between the two countries;
(ii) That the two countries are resolved to settle their differences by peaceful means through bilateral negotiations or by any other peaceful means mutually agreed upon between them. Pending the final settlement of any of the problems between the two countries, neither side shall unilaterally alter the situation and both shall prevent the organisation, assistance or encouragement of any acts detrimental to the maintenance of peaceful and harmonious relations;
(iii) That the pre-requisite for reconciliation, good neighbourliness and durable peace between them is a commitment by both the countries to peaceful co-existence, respect for each other's territorial integrity and sovereignty and non-interference in each other's internal affairs, on the basis of equality and mutual benefit;
(iv) That the basic issues and causes of conflict which have bedevilled the relations between the two countries for the last 25 years shall be resolved by peaceful means;
(v) That they shall always respect each other's national unity, territorial integrity, political independence and sovereignty equality;
(vi) That in accordance with the Charter of the United Nations they will refrain from the threat or use of force against the territorial integrity or political independence of each other.
2. Both Governments will take all steps within their power to prevent hostile propaganda directed against each other. Both countries will encourage the dissemination of such information as would promote the development of friendly relations between them.
3. In order progressively to restore and normalise relations between the two countries step by step, it was agreed that:
(i) Steps shall be taken to resume communications, postal, telegraphic, sea, land including border posts, and air links including overflights.
(ii) Appropriate steps shall be taken to promote travel facilities for the nationals of the other country.
(iii) Trade and cooperation in economic and other agreed fields will be resumed as far as possible.
(iv) Exchange in the fields of science and culture will be promoted.
In this connection delegations from the two countries will meet from time to time to work out the necessary details.
4. In order to initiate the process of the establishment of durable peace, both the Government agree that:
(i) Indian and Pakistani forces shall be withdrawn to their side of the international border.
(ii) In Jammu and Kashmir, the line of control resulting from the ceasefire of December 17 1971 shall be respected by both sides without prejudice to the recognised position of either side. Neither side shall seek to alter it unilaterally, irrespective of mutual differences and legal interpretations. Both sides further undertake to refrain from the threat or the use of force in violation of this Line.
(iii) The withdrawals shall commence upon entry into force of this Agreement and shall be completed within a period of 30 days thereof.
5. This Agreement will be subject to ratification by both countries in accordance with their respective constitutional procedures, and will come into force with effect from the date on which the Instruments of Ratification are exchanged.
6. Both Governments agree that their respective Heads will meet again at a mutually convenient time in the future and that, in the meanwhile, the representatives of the two sides will meet to discuss further the modalities and arrangements for the establishment of durable peace and normalisation of relations, including the questions of repatriation of prisoners of war and civilian internees, a final settlement of Jammu and Kashmir and the resumption of diplomatic relations.
(Indira Gandhi) Zulfikar Ali Bhutto)
Prime Minister President
Republic of India Islamic Republic of Pakistan
Simla, the 2nd July 1972
Appendix 8
Indo-Pak Statements on the Line of Control, August 29 1972
I. Joint Statement
29 August 1972
In pursuance of the recent exchange of letters between the Prime Minister of India and the President of Pakistan, the representatives of the two sides met in New Delhi from 25th to 29th August 1972. The Pakistan delegation comprised Mr Aziz Ahmed, special envoy of the President of Pakistan, Mr Rafi Raza, Special Assistant to the President of Pakistan and Mr Abdul Sattar, Director-General, Ministry of Foreign Affairs. The Indian delegation comprised Mr P N Haksar, Principal Secretary to the Prime Minister of India, Mr T N Kaul, Foreign Secretary, Mr S K Banerji, Secretary, Ministry of External Affairs, and Mr A S Chib, Joint Secretary.
The two sides reviewed the development since the signing of the Simla agreement and the need to resolve any doubts that may have arisen on either side and to ensure the smooth implementation of the agreement. They reaffirmed the determination of the two Governments to implement the provisions of the Simla agreement in letter and in spirit for the establishment of durable peace in the sub-continent.
The two sides made the following recommendations to their respective Governments:
(i) The line of control in Jammu and Kashmir resulting from the cease-fire of December 17 1971 will be delineated along its entire length and respected by both sides without prejudice to the recognised positions of either side. Maps showing this line will be exchanged by both sides. The inviolability of the line of control will be ensured by both the sides in accordance with paragraph 4(ii) of the Simla Agreement. It was agreed that the delineation of the line will be completed by the 4th of September 1972.
(ii) In view of certain practical difficulties that have arisen, it may not be possible to complete the process of withdrawals within the period specified in the Simla Agreement. Accordingly, the withdrawals to the international border will be completed by the 15th of September 1972.
(iii) Political leaders from Tharparkar will visit the areas of Sind occupied by Indian forces in order to assure the inhabitants of the area that they will be welcome to remain in or return to their homes in Pakistan in safety and dignity from camps in India in accordance with the plan given by the Director of Military Operations of India on August 21 1972 (vide annexure). The Indian side will give the necessary facilities to ensure full implementation of the plan.
II. Statements of Swaran Singh in the Parliament
14 November 1972
Hon'ble Members would recall my statement in the House on August 30, at the conclusion of the meeting between the representatives of India and Pakistan, wherein I had conveyed the agreements of both sides to the delineation of the line of control in Jammu and Kashmir along its entire length. I had also stated that maps showing this agreed line would be exchanged by both sides and that delineation of the line would be completed by September 4, 1972 and withdrawals to the international border would be completed by September 15. In accordance with the Simla Agreement the line of control had to be mutually respected therefore its delineation has to be agreed so that its inviolability may be ensured by both sides.
The Senior Military Commanders of India and Pakistan, who were entrusted with the task of delineating the line of control on maps, have so far held 9 rounds of discussions. By the 7th round, which was completed on October 18, an agreement was reached on 19 maps delineating the entire length of line of control from the Chamb area on the international border to Partapur sector in the North. These maps were to be signed in the 8th round. On that occasion, however, Pakistan's Senior Military Commander raised a fresh controversy over a pocket approximately 11/2 square miles in area which is in Pakistan's occupation but separate from the line of control. Several messages have been exchanged between the Chiefs of the Army Staff of India and Pakistan on this issue and as a result further meetings took place between the Senior Military Commanders on November 7 and 9. However, these discussions failed to iron out the differences. It is now being considered whether the stage has been reached for a meeting at another level to resolve this question.
Honourable Members would appreciate that as the talks are still in progress, it would not be in our national interest to discuss this matter in greater detail. The major task of delineation of the line of control in Jammu and Kashmir, in terms of the Simla and Delhi Agreements has been completed on maps. It is hoped that the remaining problems will also be resolved by further bilateral discussions. After the delineation of the line of control is approved by the two Governments the withdrawal of troops to the international border will be completed in the shortest possible time. We hope that Pakistan Government will review this matter in a realistic and constructive manner.
III.
8 December 1972
I told the House yesterday that serious efforts were being made to settle the outstanding differences in regard to the delineation of the line of control in Jammu and Kashmir. I can now inform the House that these efforts have been successful. The Army Chiefs of India and Pakistan met at Lahore yesterday. At the end of the meeting they issued the following joint statement and I quote from it:
"The two Chiefs were able to compose the differences that existed and are directing their senior military commanders Lt Gen P S Bhagat and Lt Gen Abdul Hameed Khan to meet at Suchetgarh on December 11 1972 and finalise the delineation of the line of control in Jammu and Kashmir as adjusted by them (two Chiefs). This line of control will commence from Chhamb Sector and end in the Turtok Sector (Partapur Sector)."
Honourable Members will appreciate that what was involved in the negotiations which included in Lahore yesterday was not a territorial question. It involved the acceptance by Pakistan of a position which India had held all along namely, that there was a basic difference between the order dividing the State of Jammu and Kashmir and Pakistan and the line of control in Jammu and Kashmir.
We are naturally glad that in the interest of not merely the Simla Agreement but of future relations between the two countries in the spirit of this Agreement, Pakistan has recognised, at least by implication the validity of our stand. The consequence of this fact is likely to be lost if we think merely in terms of territory. In Lahore, our Chief of the Army Staff insisted that the question of Thako Chak had to be settled in terms of its own merits.
The Honourable Members will appreciate that the delineation of the line of control consisted in the acceptance or rejection by either side of cliams made on the basis of military positions on the day of the cease-fire, namely, 17th December 1971. Once Pakistan agreed to settle the question of Thako Chack, our Chief of the Army Staff reviewed some of the claims which Pakistan had earlier made. As a gesture in the interest of peace, we settled some of these claims and this also resulted in the rationalisation of the line of control by minor adjustment.
Finally, the Hon'ble Members will appreciate...the Agreement reached in Lahore yesterday in a victory for both, and if I may add defeat for none.
IV.
13 December 1972
Hon'ble members will recall my statement in the Lok Sabha on December 8 regarding the outcome of the meeting between the Chiefs of the Army Staff of India and Pakistan held at Lahore on December 7 1972. In pursuance of the decisions taken in that meeting the senior military commanders of the two sides completed the task of finalising the maps showing the delineated line of control in Jammu and Kashmir and submitted their agreed delineation of the line of control their respective Governments for approval. The approval of the Pakistan Government was received in the evening of 11th December and approval of the Government of India was transmitted to them the same evening. The following announcement was made in New Delhi and Islamabad:
"The line of control has been delineated in Jammu and Kashmir in accordance with the Simla Agreement of July 2 1972 ad that it has the approval of both the Governments. Adjustments of ground positions will be carried out to conform to the line of control approved by both the Governments within a period of 5 days from the date of this announcement.
The broad description of the line of control resulting from the cease-fire of 17th December 1971, in Jammu and Kashmir as delineated on maps along its entire length is laid on the table of the House. This line has been delineated on 19 mosaic maps commencing from the Chhamb sector on the international border and ending in Turtok-Partapur sector in the north. This line of control in Jammu and Kashmir has been determined through bilateral negotiations between India and Pakistan. As Hon'ble members would recall in accordance with the terms of the Simla Agreement, this line will be respected by both sides, neither side shall alter it unilaterally and both sides shall refrain from the threat or use of force in violation of this line.
I informed the House on 8th December that the controversy over the small pocket of Thako Chak, about 1.5 square miles in area in the occupation of Pakistan, had been resolved. Once Pakistan agreed to withdraw its troops from Thako Chak, we agreed, as a gesture of goodwill, to rationalise the line by minor adjustment of mutual claims. In the process, we withdrew our earlier claim in respect of the villages of Dhum and Ghikot, situated along the line of control, amounting to about 0.45 square miles in area."
The following are the broad details of the line of control:
(a) From Manawar Tawi NW 605550 the line of control runs north west up to a point 3 miles west of Jhangar (with Chhamb inclusive to Pakistan) from where in turns north eastwards to Mithidhara NR 2619, thence north and north-westwards up to Punch river at NR 052669 (approximately 6 miles south-west of Punch).
(b) From there the line again turns north-eastwards and thence north up to Jami Gali (inclusive to India) in Gulmarg sector, thence westwards passing through Mindi Gali (inclusive to India) up to Pir Kanthi (inclusive to Pakistan) thence northwards passing through Chotta Kazi Nag (inclusive to India) approximately 7 miles north-west of Uri, up to Kaiyan in Lipa Valley (inclusive to India), thence the line of control runs westwards up to Richhmar Gali with Katran ki Gali (inclusive to Pakistan) and the Wanjal Ridge and Chak Muqam heights (inclusive to India).
(c) From Richhmar Gali, the line of control runs northwards passing west of Tithwal up to 3 miles north of Keran, thence turning north eastwards up to Lunda Gali (inclusive to India), thence eastwards to Harmargi village in Kel sector (inclusive to Pakistan). Durmat in Kanzaiwan sector (inclusive to India) and heights 14235, 15460 and Karobal Gali in Minimarg sector (all inclusive to India), thence along Neril (inclusive to India), Breilman (inclusive to Pakistan), and north of Chet in the Kargil sector, up to Chorbatla in Turtok sector.
(d) From there the line of control runs north-eastwards to Thang (inclusive to India), thence eastwards joining the glaciers.
Appendix 9
Text of the Agreement between Pakistan and India on Advance Notice on Military Exercises, Manoeuvres and Troop Movements, April 6 1991
Whereas Pakistan and India recognize the need to jointly formulate an agreement at the Government level on giving advance notice on exercises, manoeuvres and troop movements in order to prevent any crisis situation arising due to misreading of the other side's intentions.
Therefore, the Governments of Pakistan and India jointly decide that:
1. Their Land, Naval and Air Force will avoid holding major military manoeuvres and exercises in close proximity to each other. However, if such exercises are held within distances as prescribed in this Agreement, the strategic direction of the main force being exercised will not be towards the other side, nor will any logistics build up be carried out close to it. The following will constitute a major military manoeuvre/exercise for the purpose of this Agreement:
(a) Land Forces:
1. India-Pakistan International Border
Concentrations of Corps level (comprising two or more divisions) and above.
2. Line of Control and the area between the Manawar Tawi and Ravi Rivers. Division level and above.
(b) Naval Forces: Any exercise involving six or more ships of destroyer/frigate size and above, exercising in company and crossing into the other's Exclusive Economic Zone (EEZ).
(c) Air Force: Regional Command level and above.
2. Both sides may not conduct exercises of Land Forces at Divisional level and above within five kilometers (kms) of the areas specified at Paragraph (1).a, (1) and (2).
3. Both sides will provide notice regarding exercises of Land Forces as follows:
(a) All exercises/concentrations at Divisional level in areas specified at Paragraph (1).a, (1) and (2).
(b) All exercises/concentrations at Corps level within a distance of seventy-five kms in areas specified at Paragraph (1).a, (1) and (2).
(c) All exercises above Corps level irrespective of the distance.
4. Both sides will give fifteen days prior notice when formations with defensive roles are moved to their operational locations for periodic maintenance of defences.
5. The schedule of major exercises with troops will be transmitted in writing to the other side through diplomatic channels in advance as follows:
(a) Air exercises at Regional Command level and above-Fifteen days.
(b) Divisional level exercise, and major Naval exercises involving six or more ships of destroyer/frigate size and above, exercising in company and crossing into the other's EEZ.
(c) Corps level exercises-Sixty days.
(d) Army level exercises-Ninety days.
Provided that the above provision relate to the commencement of moves of formations and units from their permanent locations for the proposed exercises.
6. Information on the following aspects of major exercises will be intimated:
(a) Type and level of exercises.
(b) General area of the exercise on land, air and sea. In respect of air and sea exercises, these will be defined in latitude and longitude.
(c) Planned duration of the activity.
(d) Number and type of formations participating.
(e) Any shifting of forces from other Commands/Corps/Strategic formations envisaged.
(f) The move of strategic formations, particularly armoured division, mechanised divisions, air assault divisions/reserve infantry formations and artillery divisions/air defence artillery divisions.
Provided that in respect of major Air and Naval exercises, only the information at Paragraphs (a) to (c) need to intimated.
7. In case some change in exercise area/grouping of participating formations from the previously notified composition is necessitated, the country carrying out the exercise will intimate the details of changes so as to reach the other country at least thirty days in advance in respect of Corps level exercises and above, and fifteen days in advance in respect of divisional level exercises and Naval exercises. In respect of Air exercises, if minor changes to the previously notified details are necessitated, an advance notice of seven days will be provided.
8. Any induction/concentration of additional troops of a division size force and above, within one hundred and fifty kms of areas specified at Paragraph 1.a.(1) and (2), for internal security duties and/or in aid of civil power will be notified to the other side at least two days before the start of their movements, whenever possible. In case of immediate movements, information may be passed on Hot Line to the Army Headquarters of the other country. The force so employed will not move forward their logistic bases/installations and armour/artillery.
9. Each country will be entitled to obtain timely clarification from the country undertaking military manoeuvres/exercises concerning the assembly of formations, the extent, direction of the exercise and the duration.
10. The Naval ships and submarines belonging to the other country are not to close less than three Nautical Miles (NMs) from each other so as to avoid any accident while operating in international waters.
11. Combat aircraft including fighter, bomber reconnaissance, jet military trainer and armed helicopter aircraft will not fly within ten kms of each other's airspace, including the Air Defence Identification Zones (ADIZ), except when such aircrafts are operating from Jammu, Pathankot, Amritsar and Suratgarh air bases on the Indian side, as well as Pasrur, Lahore, Vehari and Rahimyar Khan air bases on the Pakistan side, in which case they will maintain a distance of five kms from each other's airspace. Unarmed transport and logistic aircraft including unarmed helicopters and Air Observation Post (AOP) aircraft will be permitted to operate up to 1000 meters from each other's airspace including the ADIZ.
12. Aircraft of either country will refrain from buzzing surface units and platforms of the other country in international waters.
13. This Agreement supersedes all previous understandings in so far as the above points are concerned.
14. This Agreement is subject to ratification. It shall come into force with effect from the date on which the Instruments of Ratification are exchanged.
15. Done at New Delhi on this sixth day of April, 1991.
Shaharyar M. Khan Muchkund Dubey
Foreign Secretary Foreign Secretary
For the Government of the For the Government of the
Islamic Republic of Pakistan Republic of India
Appendix 10
Proposals for Normalising Relations and Confidence-Building Measures sent by Pakistan, January 18 1994
I
Modalities for the Holding of a Plebiscite in Jammu and Kashmir
1. During the seventh round of Foreign Secretary-level talks, Pakistan reiterated its principled position that the "core" problem of Jammu and Kashmir must be resolved on the basis of the relevant resolutions of the UN Security Council and in the spirit of the Simla Agreement.
2. UN Security Council Resolutions No. 47 (1948) of 21 April 1948, 51 (1948) of 3 June 1948 and 80 (1950) of 14 March 1950 and United Nations Commission for India and Pakistan resolution of 13 August 1948 and 5 January 1949, embodied the principle that the final disposition of the state of Jammu and Kashmir to India or Pakistan will be made through the democratic method of a free and impartial plebistic conducted under the auspices of the United Nations.
3. The United Nations Commission for India and Pakistan (UNCIP) resolution adopted on 13 August 1948 stated that "the governments of India and Pakistan reaffirmed their wish that the future status of the state of Jammu and Kashmir shall be determined in accordance with the will of the people and to that end, upon acceptance of the truce agreement, both governments agree to enter into consultations with the Commission (UNCIP) to determine the fair and equitable conditions whereby such free expression will be assured". The second UNCIP resolution, adopted on 5 January, 1949, riterated that the "question of the accession, of the state of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite".
4. Both India and Pakistan had accepted the UN Security Council resolutions and the UNCIP proposals regarding a ceasefire, troop withdrawal and a plebiscite.
5. Despite various obstacles to the holding of a free and impartial plebiscite, the UN Security Council continued its efforts to resolve the issue. Subsequent resolutions of the Security Council, the reports of the UNCIP and the proposals of various United Nations representatives including Mr McNaughton, Mr Dixon, Dr Frank Graham and Mr Jarring, envisaged various possible modalities for the holding of a UN-supervised plebiscite in Jammu and Kashmir.
6. UN Security Council resolution 91 (1951) of 30 March 1951 and resolution 127 (1957) of 24 January 1957 affirmed that no unilateral action, such as the so-called "Constituent Assembly" created by India, would constitute a disposition of the state of Jammu and Kashmir in accordance with the principle of final determination by a reference to the freely expressed wishes of its people through a plebiscite held under UN supervision.
7. The above resolutions provide the basis for a peaceful resolution of Jammu and Kashmir dispute.
8. Pakistan proposes that in the next round of talks between the two countries consideration may be given to reaching agreement on the modalities for the holding of a free and impartial plebiscite in accordance with the above-mentioned resolutions of the UN Security Council.
9. These discussions could take up consideration of the various options for the conduct of a plebiscite proposed or discussed previously. New and innovative approaches to the conduct of a free and fair plebiscite could also be examined.
10. Mutual troop reductions, measures to ease tension along the LOC and arrangements for neutral monitoring of movements of persons and goods across the LOC might also be discussed.
11. In the discussions of these modalities for the holding of a plebiscite, the two sides would greatly benefit from the good offices or mediatory participation of the UN Secretary-General or his representative or of any other third party mutually acceptable to Pakistan and India.
12. Pakistan will await India's response to the above-mentioned proposals which should constitute the basis of future talks between the two countries to resolve the Jammu and Kashmir dispute.
II
Measures Required to Create a Propitious Climate for Peaceful Resolution of the Jammu and Kashmir Dispute and Other Issues
1. India and Pakistan have acknowledged that Jammu and Kashmir is the central issue which bedevils their relations. Both countries are committed under the UN Charter, the resolutions of the Security Council and the Simla Agreement to promote a peaceful solution of the Jammu and Kashmir dispute.
2. The Government of Pakistan believes that the repression by nearly 500,000 Indian military and para-military forces in India-held Kashmir militates against the stated commitments of the Indian government to seek a peaceful solution of the Jammu and Kashmir dispute. India's actions in Jammu and Kashmir are also violative of the UN Charter, the international human rights standards and of the humanitarian norms; applicable in armed conflicts.
3. The continuation of repression in Jammu and Kashmir contravenes the spirit of the announcement by the Indian and Pakistan Governments on 24 November 1993 on the resumption of Foreign Secretary-level talks. Regrettably immediately after the announcement, India escalated its campaign of repression in Jammu and Kashmir.
4. During the Seventh round of Foreign Secretary-level talks in Islamabad (January 1-3 1994) Pakistan expressed its view that this continuing repression is vitiating the climate for the talks and adversely affecting the prospects of peaceful resolution of the Jammu and Kashmir dispute. Pakistan urged India to take steps to reduce the repression and to bring to an end the violations of human rights against the people of India-held Kashmir. Pakistan had indicated that India should take the following measures:
(a) Withdrawal of additional forces deployed in Jammu and Kashmir since January 1990;
(b) removal of military bunkers, watch towers and other symbols of the military and para-military presence in Kashmiri towns and villages and specially the bunkers outside and around the Hazratbal Mosque;
(c) withdrawal of Terrorist and Disruptive Activities Act (TADA) and other draconian laws;
(d) end of arbitrary arrests and detention of Kashmiris, torture, custodial murders, rape and arson by Indian security forces;
(e) release of Kashmiri political, religious and militant leaders;
(f) unhindered and unrestricted access to Jammu and Kashmir by representatives of international human rights bodies such as Amnesty International, Asia Watch, Physicians for Human Rights, the International Federation of Human Rights (FIDH), the International Commission of Jurists, the Congressional Human Rights Foundation, etc. as well as international humanitarian organisation such as the ICRC;
(g) unlimited access to IHK for the media, especially the electronic media and
(h) removal of all restrictions on Kashmiris to travel out of India and to return to IHK.
5. To facilitate the continuation of a meaningful dialogue, Pakistan considers it essential that India should take the above-mentioned measures with a view to reducing repression and bringing to an end human rights violations in Jammu and Kashmir.
6. We look forward to an early and positive response from India on this issue.
Appendix 11
The Lahore Declaration, February 21 1999
The following is the text of the Lahore Declaration:
The Prime Ministers of the Republic of India and the Islamic Republic of Pakistan:
Sharing a vision of peace and stability between their countries, and of progress and prosperity for their peoples;
Convinced that durable peace and development of harmonious relations and friendly cooperation will serve the vital interests of the peoples of the two countries, enabling them to devote their energies for a better future;
Recognising that the nuclear dimension of the security environment of the two countries adds to their responsibility for avoidance of conflict between the two countries;
Committed to the principles and purposes of the Charter of the United Nations, and the universally accepted principles of peaceful co-existence;
Reiterating the determination of both countries to implementing the Simla Agreement in letter and spirit;
Committed to the objective of universal nuclear disarmament and non-proliferation;
Convinced of the importance of mutually agreed confidence building measures for improving the security environment;
Recalling their agreement of 23rd September, 1998, that an environment of peace and security is in the supreme national interests of both sides and that the resolution of all outstanding issues, including Jammu and Kashmir, is essential for this purpose;
Have agreed that their respective Governments.
- shall intensify their efforts to resolve all issues, including the issue of Jammu and Kashmir.
- shall refrain from intervention and interference in each other's internal affairs.
- shall intensify their composite and integrated dialogue process for an early and positive outcome of the agreed bilateral agenda.
- shall take immediate steps for reducing the risk of accidental or unauthorised use of nuclear weapons and discuss concepts and doctrines with a view to elaborating measures for confidence building in the nuclear and conventional fields, aimed at prevention of conflict.
- reaffirm their commitment to the goals and objectives of SAARC and to concert their efforts towards the realisation of the SAARC vision for the year 2000 and beyond with a view to promoting the welfare of the peoples of South Asia and to improve their quality of life through accelerated economic growth, social progress and cultural development.
- reaffirm their condemnation of terrorism in all its forms and manifestations and their determination to combat this menace.
- shall promote and protect all human rights and fundamental freedoms.
Signed at Lahore on the 21st day of February 1999
Atal Behari Vajpayee-Prime Minister of the Republic of India
Joint Statement
The following is the text of the Joint Statement issued at the end of the Prime Minister, Mr A B Vajpayee's visit to Lahore:
In response to an invitation by the Prime Minister of Pakistan, Mr. Muhammad Nawaz Sharif, the Prime Minister of India, Shri Atal Behari Vajpayee, visited Pakistan from 20-21 February 1999, on the inaugural run of the Delhi-Lahore bus service.
2. The Prime Minister of Pakistan received the Indian Prime Minister at the Wagah border on 20th February 1999. A banquet in honour of the Indian Prime Minister and his delegation was hosted by the Prime Minister of Pakistan at Lahore Fort, on the same evening. Prime Minister, Atal Behari Vajpayee, visited Minar-e-Pakistan, Mausoleum of Allama Iqabal, Gurudawara Dera Sahib and Samadhi of Maharaja Ranjeet Singh. On 21st February, a civic reception was held in honour of the visiting Prime Minister at the Governor's House.
3. The two leaders held discussions on the entire range of bilateral relations, regional cooperation within SAARC, and issues of international concern. They decided that:
(a) The two Foreign Ministers will meet periodically to discuss all issues of mutual concern, including nuclear related issues.
(b) The two sides shall undertake consultations on WTO related isses with a view to coordinating their respective positions.
(c) The two sides shall determine areas of cooperation in Information Technology, in particular for tackling the problems of Y2K.
(d) The two sides will hold consultations with a view to further liberalising the visa and travel regime.
(e) The two sides shall appoint a two member committee at ministerial level to examine humanitarian issues relating to Civilian detainees and missing POWs.
4. They expressed satisfaction on the commencement of a Bus Service between Lahore and New Delhi, the release of fishermen and civilian detainees and the renewal of contacts in the field of sports.
5. Pursuant to the directive given by the two Prime Ministers, the Foreign Secretaries of Pakistan and India signed a Memorandum of Understanding on 21st February 1999, identifying measures aimed at promoting an environment of peace and security between the two countries.
6. The two Prime Ministers signed the Lahore Declaration embodying their shared vision of peace and stability between their countries and of progress and prosperity for their peoples.
7. Prime Minister, Atal Behari Vajpayee extended an invitation to Prime Minister, Muhammad Nawaz Sharif, to visit India on mutually convenient dates.
8. Prime Minister, Atal Behari Vajpayee, thanked Prime Minister, Muhammad Nawaz Sharif, for the warm welcome and gracious hospitality extended to him and members of his delegation and for the excellent arrangements made for his visit.
Lahore,
February 21 1999.
Memorandum of Understanding
The following is the text of the Memorandum of Understanding signed by the Foreign Secretary, Mr K Raghunath, and the Pakistan Foreign Secretary, Mr Shamshad Ahmad, in Lahore on Sunday:
Reaffirming the continued commitment of their respective governments to the principles and purpose of the UN Charter;
Reiterating the determination of both countries to implementing the Shimla Agreement in letter and spirit;
Guided by the agreement between their Prime Ministers of 23rd September 1998 that an environment of peace and security is in the supreme national interest of both sides and that resolution of all outstanding issues, including Jammu and Kashmir, is essential for this purpose;
Pursuant to the directive given by their respective Prime Ministers in Lahore, to adopt measures for promoting a stable environment of peace, and security between the two countries;
Have on this day, agreed to the following:-
1. The two sides shall engage in bilateral consultations on security concepts, and nuclear doctrines, with a view to developing measures for confidence building in the nuclear and conventional fields, aimed at avoidance of conflict.
2. The two sides undertake to provide each other with advance notification in respect of ballistic missile flight tests, and shall conclude a bilateral agreement in this regard.
3. The two sides are fully committed to undertaking national measures to reducing the risks of accidential or unauthorised use of nuclear weapons under their respective control. The two sides further undertake to notify each, other immediately in the event of any accidential, unauthorised or unexplained incident that could create the risk of a fallout with adverse consequences for both sides, or an outbreak of a nuclear war between the two countries, as well as to adopt measures aimed at diminishing the possibility of such actions, or such incidents being misinterpreted by the other. The two side shall identify/establish the appropriate communication mechanism for this purpose.
4. The two sides shall continue to abide by their respective unilateral moratorium on conducting further nuclear test explosions unless either side, in exercise of its national sovereignty decides that extraordinary events have jeopardised its supreme interests.
5. The two sides shall conclude an agreement on prevention of incidents at sea in order to ensure safety of navigation by naval vessels, and aircraft belonging to the two sides.
6. The two sides shall periodically review the implementation of existing Confidence Building Measures (CBMs) and where necessary, set up appropriate consultative mechanisms to monitor and ensure effective implementation of these CBMs.
7. The two sides shall undertake a review of the existing communication links (e.g. between the respective Directors-General, Military Operations) with a view to upgrading and improving these links, and to provide for fail-safe and secure communications.
8. The two sides shall engage in bilateral consultations on security, disarmament and non-proliferation issues within the context of negotiations on these issues in multilateral for a.
Where required, the technical details of the above measures will be worked out by expects of the two sides in meetings to be held on mutually agreed dates, before mid 1999, with a view to reaching bilateral agreements.
Done at Lahore on 21st February 1999 in the presence of Prime Minister of India, Mr. Atal Behari Vajpayee, and Prime Minister of Pakistan, Mr. Muhammad Nawaz Sharif.
(K Raghunath) (Shamshad Ahmad)
Foreign Secretary of the Republic of India Foreign Secretary of the Islamic Republic of Pakistan