Simla Agreement
This agreement on Bilateral Relations between India and Pakistan was signed after the 1971 India-Pakistan War, in which Pakistan was defeated conclusively and which resulted in the creation of Bangladesh. India refrained from attacking or finishing off Pakistan and signed this agreement with the hope that henceforth the countries in the region would be able to live in peace with each other. The then Pakistani Prime Minister, Zulfiqar Ali Bhutto, also promised the then Indian Prime Minister, Mrs. Indira Gandhi that his country would accept the Line of Control (LOC) in the state of J&K as the de facto border and would not try to de-stabilize it. This was not formally entered in the agreement because Bhutto said it would cause domestic problems for him at this juncture. Mrs. Gandhi magnanimously accepted his promise and did not formalize that part of the agreement. But Pakistan, as later events were to prove, never kept its part of the deal.
Why was it signed?
The agreement laid down the principles that should govern their future relations. It also conceived steps to be taken for further normalization of mutual relations. Most importantly, it bound the two countries to settle their differences by peaceful means through bilateral negotiations. The agreement also paved the way for diplomatic recognition of Bangladesh by Pakistan. As a gesture of goodwill India decided not to try 90,368 Pakistani prisoners of war for war crimes and released them.
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The agreement has been the basis of all subsequent bilateral talks between India and Pakistan, though it has not prevented the relationship between the two countries from deteriorating to the point of armed conflict, most recently in the Kargil War. 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 a durable peace and normalization 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.
Objectives
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 subcontinent, 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 organization, assistance of encouragement of any acts detrimental to the maintenance of peaceful and harmonious relations;
(iii) That the prerequisite for reconciliation, good neighborliness 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 bedeviled the relations between the two countries for the last 25 years shall be resolved by peaceful means;
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(v) That there shall always respect each other’s national unity, territorial integrity, political independence and sovereign equality;
(vi) That in accordance with the Charter of the United Nations they will refrain from the threat of use of force against the territorial integrity or political independence of each other.
2. Both Governments will take 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 normalize 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 over flights.
(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 establishment of durable peace, both the Governments 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 cease-fire of December 17, 1971 shall be respected by both sides without prejudice to the recognized 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.
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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 normalization of relations, including the questions of repatriation of prisoners of war and civilian interests, a final settlement of Jammu and Kashmir and the resumption of diplomatic relations.
Results
the Simla Agreement, ending the 1971 Indo-Pak war, needs to be viewed and understood as to why the Kashmiri problem has resisted all attempts to settle it peacefully. In diplomatic terms both the Tashkent and Simla agreements have the same intent and that is to accept the divided status quo of Kashmir. Tashkent ended the 1965 war fought with the express purpose to change the status quo and Simla was merely a formalization of that intent to accept the status quo, as it existed in 1971. Even though Simla was signed to end the 1971 war, its real intent was to arrive at an understanding over Kashmir and to prevent any future wars from erupting as a result of attempts at varying the agreed upon delimitations of the status quo. The Simla Agreement, more than any other India-Pakistan agreement, sanctified the division of Kashmir by turning the original United Nations’ ceasefire line into a line of control and thereby, effectively and politically divided Kashmir into two separate zones of control.
