Download Report

Chair Report
Historical Security Council
kmun2015
KabatasMUN
kmun2015
MUNKabatas
kabatasmun
Kabatas MUN
[email protected]
Letter from the Secretary-General
Dear Representatives of the Distinguished Nations,
I, in lieu of the Secretariat, am thrilled to welcome you to the third annual
session of Kabataş Model United Nations Conference). I, Orçun DOĞMAZER,
have been studying at Kabataş Erkek Lisesi for four years and am receiving
the privilege to serve as the third Secretary-General of this society.
KMUN Conference is the biggest student initiated organization in the
illustrious 107 years old history of this community. How Buckingham Palace
was used by King George III to host diverse reputed bureaucrats and royal
families, likewise Kabataş High School was utilized to serve for those certain
purposes at the times of Ottoman Empire. KMUN 2013 and KMUN 2014 have
the distinctive honor to comprise more than 350 national and international
participants. As it was planned and announced a year ago, the conference will
be hosting more than 500 participants coming from various countries in 10
different committees this year.
Academic and organization teams of the conference have been challenging
themselves to set a different level of understanding in MUN for KMUN’s
participants. Experiencing both of the previous editions of KMUN, this year`s
KMUN will differ from its previous editions by not only mixing the interesting
sides of the Model UN examples in Turkey, but will also try its best to combine
the understanding of the international Model UN.
All the research reports of the conference are written by the directors of the
respective committees with the guidance of the academic team of the
conference. I do thank the Student Officer, namely Siddharth Bansal for
writing this very guide for the Historical Security Council, Appreciating his
efforts on this research report, I do believe that this report will be a great start
for our participant’s, on their researches to prepare themselves for the
debates on the given agenda items.
In case you require any further instruction as to the academic content of the
Historical Security Council, you may always contact your Committee Directors
or me via [email protected].
After a year full of work and dedication, I do believe that KMUN 2015 will
manage to create its dreamed atmosphere by taking further steps on its
previous editions.
Orçun DOĞMAZER
Secretary-General
1
Letter from the Student Officer
Respected Delegates,
It gives me immense pleasure to serve as the president of the Historic United
Nations Security Council at the Kabatas Model United Nations 2015. I have
very high expectations from this committee, as it is the most powerful and
important organ of all the bodies of the United Nations.
My name is Siddharth Bansal and I have just graduated from high school in
India. I have been participating in Model United Nations since the last 4 years.
Until now I have participated in more than 35 International Youth Conferences
like Model United Nations. Of these 35 conferences that I have attended so
far United Nations Security Council is my most preferred committee of all be it
participating as a delegate or as a chair/president. I have attended more than
15 United Nations Security Councils.
Warm Regards,
Siddharth Bansal
President
United Nations Security Council
Kabatas Model United Nations
2
HISTORY
Past Conflicts
Indo Pak War of 1947
Aside from the brutality and rioting that initially surrounded the partition, the
first major Indo-Pakistani conflict occurred in October 1947 over the disputed
province of Jammu and Kashmir. While both Pakistan and India claimed the
region, the Kashmiri were divided and many wanted to form their own
independent nation. Faced with both internal and external pressure, the
Jammu and Kashmir government was still unable to reach a decision,
escalating tension in the region. Years of exploitative rule by the Hindu Dogra
king had also made the overwhelmingly Muslim majority province completely
antithetical to the Maharaja's rule, and this coupled with the Maharaja's
vacillation on the question of accession, precipitated a rebellion against the
Maharaja's Government in large parts of the Jhelum Valley. The Pakistani
government sent tribal forces from the Frontier regions of Pakistan and
troopers from the erstwhile Chitral state to support the insurgency on October
22 with the aim of capturing Kashmir's capital, Srinagar, within a week.
Although the Kashmiri forces were able to stall the Muslim insurgents and the
Pakistani troops, the Pakistani irregulars made steady headway into Kashmiri
territory, successfully occupying Baramullah, Poonch and Udhampur. With the
Pakhtun tribals from the NWFP and the FATA threateningly close to Srinagar,
the Maharaja of Jammu and Kashmir Maharaja Hari Singh, was compelled to
turn to the Indian Government for assistance and in return promised to
formally accede to the Union of India. Hari Singh signed the Instrument of
Accession on October 26, officially handing over rule of Jammu and Kashmir
to India. The Indian army then entered the undeclared war in Kashmir,
flushing the fidayeen out of the occupied territory and gradually re-acquiring
the most of princely Kashmir territory with the help of the National Conference
led by the secular- minded Sheikh Abdullah. The regular Pakistani army
entered the war in May of 1948 in order to protect Pakistan's borders and by
the time winter set in, Pakistan had managed to hold on to a significant
portion of the state, formalizing what came to be known as the 'Line of
Control'. Fighting continued throughout 1948 and ended in January of 1949
with the formation of a ceasefire line, mediated by the United Nations Security
Council. The line gave Pakistan control of the northern third of the territory,
hereafter known as Azad Kashmir, and India control of the remaining southern
territory of Jammu and Kashmir.
Although the ceasefire ended the war, it did little to resolve the issue of loyalty
of the Jammu and Kashmir region. The legitimacy of Jammu and Kashmir's
accession to India in October of 1947 remained in question, as many
Pakistanis and Kashmiri argued that the Instrument of Accession was signed
under duress while India maintains its legality. The United Nations
recommended a referendum in the region to resolve the dispute, but this was
never held. In 1954, the southern portion of Jammu and Kashmir ratified its
accession to India while the northern region remained under Pakistani
administration. In 1962, India and Pakistan attempted to resolve the dispute
3
over Kashmir, but these talks were not successful.
Indo-Pak War of 1965
The second major war between India and Pakistan took place in August 1965.
Border disputes had caused violence between the two nations earlier in the
year when they fought over the Rann of Kutch, a region along the southwest
of the Indo-Pakistani border. This skirmish was brief and ended when Indian
forces withdrew, despite ownership of the region. India's submission in this
dispute caused Pakistan leaders to believe the Indian government would be
unwilling or unable to fight an extended war over Kashmir. Pakistani fears
over India's increased efforts to integrate the Kashmir region and the
perception that there was still widespread support for Pakistani rule within
Kashmir further encouraged Pakistan's ambition of annexing the state, which
they felt should rightfully belong to Pakistan, being Muslim majority at the time
of Independence, and having been illegally taken over by the Indian state.
Pakistan also accuses India of not fulfilling its promise of carrying out a
plebiscite, and having double standards when it came to the Integration of
other Princely States. In August, Pakistan launched Operation Gibraltar, a
secret offensive to infiltrate the Jammu and Kashmir region and ignite
rebellion against India. India began a counteroffensive in early September.
The war lasted only a few weeks, but both nations suffered thousands of
casualties. By September 22, the war reached a stalemate and Pakistan and
India agreed to another ceasefire established by the U.N Security Council. In
January 1966, both nations signed the Tashkent Agreement, mediated by the
Soviet Premier Alexei Kosygin, promising to withdraw troops by February and
reaffirm pre-war borders.
Current Situation
Six years after the '65 war, India and Pakistan find themselves on the cusp of
war yet again. This time, the internal conflict within Pakistan is the raison
d'etre. A civil war has been raging in Pakistan for the past eight months. The
conflict in Pakistan stems from what the East Bengalis see as the systematic
economic, political, social and cultural suppression of the region.
Although East Pakistan had a numerically more significant population, West
Pakistan dominated the divided country politically and received more money
from the federal budget. Bengalis were underrepresented in the Pakistan
military and officers of Bengali origin in the different wings of the armed forces
made up just fewer than five percent of the army; of these, only a handful held
senior positions, with the majority in technical or administrative posts. West
Pakistanis believed that Bengalis were not "martially inclined" unlike the
Punjabis and Pathans, implying that Bengalis were physically inferior.
Moreover, despite huge defence spending, East Pakistan received none of
the benefits, such as contracts, purchasing and military support jobs. The
Indo-Pakistani War of 1965 over Kashmir also generated a sense of military
neglect among Bengalis, as only a lone infantry division and fifteen combat
aircraft without tank support were stationed in East Pakistan till '65. East
Pakistanis feel politically and culturally isolated from West Pakistan, and the
disaffection reached a head at the beginning of '70s, culminating in the result
4
of the first ever general election, in which the Awami League swept the polls
in East Pakistan, thereby achieving a majority in the Pakistani National
Assembly.
The ostensible cultural oppression of East Pakistan had begun at the time of
Independence itself, when Urdu was imposed against the wishes of the
Bengali majority as the National language of Pakistan, even though it was
only spoken by a microscopic minority of Mujahirs from the erstwhile United
Provinces and by Bihari Muslim migrants in East Bengal. The ruling elite of
Pakistan argued that Urdu was a symbol of Indian Islamic culture and integral
to the very premise of Pakistani society, that of the Two-Nation theory. The
Bangladeshis deeply resented this, and on February 21, 1952, the police
cracked down violently on student protests against the imposition of Urdu in
Dhaka; a day on which several students and civilians lost their lives. The
event came to be known as the Bangladeshi Language Movement and its
violent suppression became one of the most important factors in feeding
demands for secession.
Other measures such as the 'One Unit' experiment of 1954 that sought to
unite the four provinces of West Pakistan constitutionally into one monolithic
state were seen as measures aimed at alienating the East Bengalis and
denying them political power. This was further stoked by the swift depositions
of East Bengali premiers like Muhammad Ali Bogra and Iskander Mirza.
Another issue, which caused disaffection, was the Government's apathetic
response to the 1970 Bhola cyclone, which swept through vast swathes of
Eastern Pakistan in November 1970, killing between 300,000 and 500,000
East Bengalis.
After years of being treated like second-class citizens, the East Pakistanis
adopted a more restive approach, intensifying mass protests and violent
demonstrations. This was followed by the 1970 elections in which the Awami
League, an East Pakistani political party, won 167 out of 169 seats in East
Pakistan, a figure which gave them an easy majority in the National
Assembly.
The Chairman of the second largest party in the National Assembly, Zulfikar
Ali Bhutto was insistent on not allowing the Awami League to come to power,
and coerced the military ruler of the country, President Yahya Khan, to
postpone the opening session of the National Assembly successively At the
same time, he entered into private negotiations through a Bengali member of
the PPP, Mubashir Hassan, with Sheikh Mujibur Rahman, the leader of the
Awami League. The two men eventually came to an agreement to form a
coalition government wherein Sheikh Mujib would take over as the Premier
and Zulfikar Bhutto as the President. However, this happened without the
knowledge of the military, and never materialized as the mainstream
negotiations between Mujib and Yahya Khan collapsed in April.
Following this, Sheikh Mujib held a massive rally at the Racecourse Ground in
Dhaka on March 7, 1971, demanding the immediate lifting of Martial Law in
East Pakistan and the formation of government before the meeting of the
National Assembly, which would be an Awami government. The speech was
5
the single largest factor in fomenting revolution in East Pakistan, and began to
demand autonomous rule of their region. The Pakistan government refused to
grant this request and by 1971 East Pakistan was seeking full independence.
In response to these threats of secession, Pakistani armed forces launched a
violent repression to quell disaffection in East Pakistan on March 25, 1971 to
restore order and suppress revolution in East Pakistan. The campaign
escalated as many East Pakistani soldiers and police officers defected as part
of the resistance movement. Thousands of East Pakistanis were massacred
in this campaign.
About ten million East Pakistanis fled to India for asylum. Some reports
claimed the Pakistan military was specifically targeting East Pakistani Hindus,
but all East Pakistani people Pakistan Cabinet suffered during the offensive.
By May 1971, the military forces had reasserted their control over East
Pakistan. This compelled even more East Pakistanis to flee to India in an
effort to escape West Pakistan's military administration of the region.
With millions flooding into India, the Indian government felt the need to
intervene in the conflict. India supported the secessionists and pursued a plan
to establish an independent nation in East Pakistan with as little violence as
possible. To this end, India signed a twenty- year treaty of protection, peace,
and cooperation with the Soviet Union in August. The provisions of the treaty
included provisions for mutual protection in the event of war, but also
expressed the desire on both sides to establish and maintain peace in Asia
and demilitarize the Indian subcontinent. And at the same time, Henry
Kissinger, the Special Advisor to President Nixon made a secret visit to China
via Pakistan in July 1971, possibly to discuss a China- Pakistan-USA axis at
the time of heightened crisis in South Asia. Generally, the United States of
America has supported Pakistan and termed the civil war in East Pakistan as
a purely internal matter and ruled out any international intervention.
India also started providing sanctuary to the East Pakistani liberation forces.
The government stationed its own troops along the border and began training
and outfitting the East Pakistani troops. This led to the formation of the 'Mukti
Bahini' forces under the leadership of renegade Pakistani Bengali army
officers and locally trained militias.
Due to the violence and instability caused in East Pakistan by the brutal
genocide, about ten million Bengalis had fled across the border to India by
May 1971. This created a huge strain on the Indian economy, an economy
just coming to terms with development. India was forced to concentrate a
huge part of its resources on rehabilitation and protection of these refugees.
Furthermore, performance in the agricultural and industrial sectors was
dismal, because of an abnormal drought, which severely affected the
economy. The economic situation in cities was thus deteriorating because of
increasing unemployment, excessive inflation and labor unrest. The problem
of the incessant incoming of refugees, coupled with the pathetic state of the
domestic economy, had left India in a very bad state. Despite all these
problems, India vowed to support East Pakistan and undertake efforts to end
the tactless genocide carried on by Pakistan. The Indian Rupee had also
been pegged to dollar/gold, as a response to the international financial crisis.
6
India's interests in Pakistan stem largely from the historic rivalry between the
two nations. Land is an important issue in the conflict, as both India and
Pakistan lay claim to certain territories in the region. Religion is also an
important issue, as tension between Hindus and Muslims existed even under
the British Raj. The religious differences between the nations have created
ideological and cultural differences that have prevented India and Pakistan
from cooperating.
In this conflict, India has been largely motivated by its goal to establish peace
on its Western border and protect its people from Pakistani military forces.
The Indian government has also been compelled to intervene by the millions
of refugees pouring into India from East Pakistan. The Indian nation cannot
support the rapid population increase and is looking to improve conditions in
East Pakistan in order to reduce the need for East Pakistanis to flee.
India's main motives were to stop all violence, expand Indian trading markets
through cooperative international engagements, and to settle the cultural
discontinuities in the West. The Indian government has been supporting East
Pakistani secession in the hope that the establishment of an Independent
East Pakistani nation would buffer any further tensions with Pakistan; create a
peaceful and cooperative nation to the east of India, and open markets for
India to the east.
Communications Concerning the India- Pakistan Question
During 1970, India and Pakistan addressed further letters to the President of
the Security Council on the India-Pakistan question. On 15 September, the
representative of Pakistan transmitted the text of a note dated 29 August 1970
from Pakistan to India protesting a statement made by the Prime Minister of
India on 14 July 1970, in which she was reported to have said that the
accession of Kashmir was part of India's history, that history could not be
reversed, and that the question of Kashmir had been decided once and for all.
Pakistan's note said that in so stating the Prime Minister of India had
disregarded international commitments entered into by India as a result of its
acceptance of the resolutions of the United Nations Commission for India and
Pakistan (UNCIP) of 13 August 1948 and 5 January 1949,13 which had stated
explicitly that the question of accession of the State of Jammu and Kashmir to
India or Pakistan would be decided through the democratic method of a
plebiscite. Writing again, on 30 November, the representative of Pakistan
forwarded the text of a note sent by Pakistan to India on 9 November 1970,
which referred to an Indian note of the previous month dated 19 October.
Pakistan reiterated that the Indian position taken in that note—that the State
of Jammu and Kashmir was an integral part of India—was in complete
violation of international agreements on Jammu and Kashmir to which India
was committed. The Pakistan note went on to say that a unilateral attempt by
India to disown its international commitment could not in any way affect the
continuing force and validity of the international agreements on Kashmir to
which India, Pakistan and the United Nations remained parties. In its note,
Pakistan recalled that Indian leaders were on record as having stood
7
committed to holding a plebiscite in Jammu and Kashmir to determine its
future. By a letter dated 23 December 1970, the representative of Pakistan
forwarded the text of a note of 16 December 1970 in which Pakistan had
protested to India about the adoption of a bill by the Indian Parliament on 3
December 1970, seeking to extend 19 Central Labor Laws to the occupied
State of Jammu and Kashmir. Pakistan considered that this and other similar
measures taken by India were designed to dilute the special status of the
State of Jammu and Kashmir and finally to integrate that disputed territory
with India, in violation of United Nations Security Council resolutions of 30
March 195l14 and 24 January 1957,15 which had enjoined India and Pakistan
to refrain from any action likely to prejudice a just and peaceful settlement.
Writing to the President of the Security Council on 30 December 1970, the
representative of India forwarded the texts of two notes by India sent in reply
to Pakistan's notes of 29 August and 9 November 1970. In one, dated 19
October 1970, India said that the statement made by its Prime Minister was a
reiteration of statements made by Indian authorities on several occasions in
the past.
Since the State of Jammu and Kashmir had acceded to India in 1947 and was
part of it, Pakistan's attempt to distort or misrepresent that situation was
regrettable, and India was obliged to reject it, the note said. The Indian note
then said that although the State of Jammu and Kashmir was an integral part
of India, Pakistan had continued to remain in illegal occupation of about
32,500 square miles of the State; the only issue to be settled.
The Elections
General elections were held for the first time in the history of Pakistan on 7
December 1970, although the polls in East Pakistan, originally scheduled for
October, were delayed by disastrous floods and rescheduled for later in
December and January 1971. Since its independence in 1947, the elections
were held first time in the political history of the country under the scrutiny of
military government of General Yahya Khan when he decided to establish the
Election Commission by appointing Justice Abdus Sattar as first Election
commissioner of Pakistan.
The Election Commission was tasked and enroll as voters all citizens of
Pakistan who were at least 21-years old on October 1, 1969; the total
registered voters in the country were 56,941,500 out of which 31,211,220
were from the East Pakistan, while 25,730,280 from the West Pakistan. The
Election Commission also marked the constituencies, in accordance with the
seats allocated for the Parliament, and Provincial legislative assemblies under
Legal Framework Order (LFO), 1970. One hundred and ninety nine Returning
Officers were appointed for the National Assembly and 285 Returning Officers
were appointed for the Provincial Assemblies.
The results of the election saw the Awami League win a majority of seats.
However, the President of Pakistan never handed power to Awami League,
which triggered mass uprising in East Pakistan.
8
Operation Searchlight
Operation Searchlight was a planned military operation carried out by the
Pakistan Army to curb the Bengali nationalist movement in the erstwhile East
Pakistan in March 1971. Ordered by the central government in West Pakistan,
this was seen as the sequel to "Operation Blitz" which had been launched in
November 1970. The original plan envisioned taking control of the major cities
on March 26, and then eliminating all opposition, political or military, within
one month. The Pakistani planners did not anticipate prolonged Bengali
resistance. The main phase of Operation Searchlight ended with the fall of the
last major town in Bengali hands in mid -May. The operation also precipitated
the 1971 Bangladesh atrocities and caused roughly 10 million refugees to flee
to India. These systematic killings enraged the Bengalis, who declared
independence from Pakistan, to achieve the new state of Bangladesh.
The violence resulting from Operation Searchlight led to the war of liberation
by the Mukti Bahini against Pakistani "occupation" forces in Bangladesh.
TIMELINE
1947 The Indian subcontinent is partitioned into mainly Muslim Pakistan and
mainly Hindu India. The government is headed by Muhammad Ali Jinnah as
Governor-General, with Liaquat Ali Khan serving as Prime Minister. A
constituent assembly is formed to act as both parliament and to draft a
constitution.
1948 Long suffering from Tuberculosis, Muhammad Ali Jinnah dies. Khwaja
Nazimuddin replaces him.
1951 Prime Minister Liaquat Ali Khan, who drafted the Objectives Resolution
which today is the preamble to Pakistan's constitution, is assassinated in
Rawalpindi.
1956 Pakistan gets its first constitution, turning the country from an
autonomous dominion into an "Islamic Republic".
1958 President Iskander Mirza carries out a coup d'etat, suspending the
constitution. Shortly afterwards, Army chief General Ayub Khan deposes
Mirza and declares himself president. He appoints a commission to formulate
a new system of government for the country.
1962 The second constitution outlines a presidential form of government, with
a 156-member National Assembly and a Presidential electoral college of
80,000 "Basic Democrats". Members of both bodies are equally divided
between West Pakistan and East Pakistan (present-day Bangladesh).
1965 Ayub Khan defeats Fatima Jinnah in a controversial and closely fought
poll.
9
1969 Amid protests, Ayub Khan resigns as president, handing over power to
Army Chief General Yahya Khan. Martial Law is proclaimed and all
assemblies are dissolved.
1970 General elections are held, with East Pakistani leader Sheikh Mujib-urRehman's party emerging as the overall winner. The results of the poll are
contested.
1971 March
March 1: General Yahya Khan calls off the session of National Council to be
held on March 3 in radio address.
March 7: Sheikh Mujibur Rahman - leader of Awami League party that had
won a landslide victory in East Pakistan in the Federal Elections in 1969, but
never been granted authority - announces to a jubilant crowd at the Dhaka
Race Course ground, "The struggle this time is the struggle for our
emancipation! The struggle this time is the struggle for independence!"
March 9: Workers of Chittagong port refuse to unload weapons from the ship
'Swat'.
March 10: Expatriate Bengali students demonstrate in front of the United
Nations Headquarters and calls for UN intervention to put an end to violence
on Bengali people.
March 16: Yahya Khan starts negotiation with Sheikh Mujibur Rahman.
March 19: Nearly 50 people die as Pakistan Army opens fire on
demonstrators at Jaydevpur.
March 24: Pakistan Army opens fire on Bengali demonstrators in Syedpur,
Rangpur and Chittagong. More than a thousand people are killed.
March 25: Pakistan Army starts Operation Searchlight in Dhaka and rest of
the country, attacking general civilians, political activists, students, and
Bengali members of armed forces and police.
March 26: On zero hour, Sheikh Mujibur Rahman declares independence of
Bangladesh, just before being captured by Pakistan Army. This is
Bangladesh's official Independence Day.
March 27: Independence of Bangladesh is declared by Maj. Ziaur Rahman
and Hannan Sarkar from Chittagong, on behalf of National Leader Sheikh
Mujibur Rahman.
March 31: Kushtia resistance begins.
April
April 2: Jinjira massacre.
10
April 6: The Blood Telegram
April 11: Radio address by Tajuddin Ahmad, the Prime Minister.
April 10: A provisional Bangladesh government-in-exile is formed.
April 12: M. A. G. Osmani takes up the command of Bangladesh Armed
Forces.
April 17: A provisional government-in-exile took oath in Boiddonathtola (now
called Mujibnagar) in Meherpur District. ! April 18: Battle of Daruin, Comilla
and Battle of Rangamati-Mahalchari waterway, Chittagong Hill Tracts.
April 24: Formation of Bangladesh Action Committee at Coventry, UK by nonresident Bangladeshis.
April 28: Tajuddin pleas for arms aid to neighbors.
May
May 5: Gopalpur massacre. May 15: Indian army starts aiding Mukti Bahini.
May 20:The Chuknagar massacre takes place at Khulna where the Pakistan
army kills nearly 10 thousand people
May 24: Swadhin Bangla Betar Kendra finds home in Kolkata.
July
July 11–17: Sector Commanders Conference 1971.
August
August 1: The Concert for Bangladesh in Madison Square Garden, New York
by George Harrison and friends.
August 16: Operation Jackpot, Bangladesh naval commando operation.
August 20: Flight Lieutenant Matiur Rahman (military pilot)'s attempt to defect
by hijacking a fighter.
August 30: Pakistan Army crackdown on Dhaka guerrillas.
September
September 5: Battle of Goahati, Jessore.
September 28: Bangladesh Air Force starts functioning.
October
October 13: Dhaka guerrillas kill Abdul Monem Khan, governor of East
Pakistan.
11
October 28: Battle of Dhalai Outpost, Srimongol.
October 31 to November 3: Battle of Dhalai: Indian attack from Tripura into
East Pakistan to stop Pakistani cross-border shelling.
November
November 9: Six small ships constitute the first fleet of Bangladesh Navy.
November 16: Battle of Ajmiriganj, an 18-hour encounter between Mukti
Bahini and Pakistan army. A famous freedom fighter, Jagatyoti Das, is
martyred.
November 20 to November 21: Battle of Garibpur: Indian attack in Boyra
salient in East Pakistan
November 21: Bangladesh Armed Forces is formed.
November 22 to December 2: Battle of Hilli: Indian attack on Bogra in East
Pakistan.
Geopolitical Implications
The implications of the situation in South-Asia are far-reaching and not limited
to only the regional countries. Pakistan has traditionally enjoyed close
relations with USA, the latter trying to counter Soviet influence in South Asia
through this relationship. India, although largely non-aligned, saw a shift in its
policy during this period. On August 9, 1971, the Treaty of Peace,
Cooperation and Friendship was signed between the Soviet Union and India.
The treaty formalized the Indo-Soviet friendship assuring the former of solid
support in and outside the UN. The region of the crisis, many believe, is a
playground for the two polarized power blocks of the world. Both sides have
huge vested geopolitical interests in the situation.
It is extremely important for delegates to take into account these geopolitical
considerations of the Cold War and subsequently represent their countries in
the council in an appropriate manner.
The importance of analysis in this regard is quintessential and should form the
cornerstone of country policy in the council. The international relations of
many States are hugely affected by the rivalry between the United States of
America and the USSR and are thus the cause of a very volatile,
unpredictable geopolitical environment.
State Succesion
The globe is not a static entity and never will be. Power struggles, popular
movements, social differences, political disorientation, economic instability are
many a times the basis for the creation, assimilation, dissolution,
decolonization and annexation of territorial entities. The Laws of State
Succession exist for the purpose of facilitating smooth transfer of rights,
liabilities, obligations and property from older to newer dominions.
12
This sphere of International Law has scarce codification making it a complex
subject. Kindly keep in mind that the year is 1971 and the period preceding
this year saw the rise and the disintegration of the United Arab Republic, the
separation of Malaysia and Singapore and other similar events where states
were either created, partitioned or negated from existence.
The main purpose of this section is to acquaint the reader with various
incidents of succession thereby exemplifying and encouraging case
application to various scenarios.
Incidents that invoke Laws of Succession
Dissolution, a classic example of this form is the disintegration of the
Federation of Mali into Sudanese Republic (now, Republic of Mali) and
Senegal. The collapse was due to Senegal’s secession in 1960. The
Federation of Mali ceased to exist.
Secession, Egypt and Syria mutually agreed to merge to form the United
Arab Republic and asked to be represented as one at the United Nations until
Syria’s secession in 1961. Post the secession Syria resumed its original seat.
Another incident of similar nature was the secession of Singapore from
Malaysia in 1965. Egypt continues to be known as the United Arab Republic
until 2nd September 1971 when it was disestablished.
Decolonization, throughout world history there has been many instances of
colonial rule and eventual decolonization. States become independent either
by virtue of unilateral declaration, as in the case of the 13 British colonies in
the Americas in 1776, or by virtue of agreements and treaties between the
colonial power and the decolonized state, notably in the case of India.
Merger, Austro-Hungarian Empire is a classic example of state mergers. This
was a merger between the Austrian Empire and Kingdom of Hungary in the
year 1867 to form a constitutional monarchy. This conglomerate ended in
October 1918.
Assimilation/Absorption, in 1845 the United States annexed the Republic of
Texas as the 28TH state of the Union and thus inherited the border dispute
with Mexico. This is a classic example of how obligations are transferred due
to annexation.
Transfer of Territory between states, in 1803 the United States purchased
Louisiana from France. The US paid 50 Million francs and cancelled debts
worth 18 Million in return for Louisiana.
The reader must research extensively on each type of incident in order to
invoke the correct cases with respect to the formation, partition or negation of
states. Customary international law in essence is derived from state practice,
understanding such incidents and using them to one’s advantage must be of
prime importance. Kindly respect the freeze date before attempting research.
13
Important considerations
1.
2.
3.
4.
5.
6.
7.
8.
The question of UN Intervention.
The Treaty of friendship & co-operation between India & USSR.
Formation of Mukti Bahini
Political Unrest in Pakistan
Domestic & Civil disturbances in India caused by refugees.
Elections that led to the winning of the Awami League.
Violations of the International Laws in this act.
Invoking necessary International Laws.
14