United Nations Security Council Resolution 47
|UN Security Council
|Date||April 21 1948|
|Subject||The India-Pakistan Question|
The United Nations Security Council Resolution 47, adopted on April 21, 1948, concerns the resolution of the Kashmir conflict. When after hearing arguments from both India and Pakistan, the Council increased the size of the Commission established by United Nations Security Council Resolution 39 to five members, instructed the Commission to go to the subcontinent and help the governments of India and Pakistan restore peace and order to the region and prepare for a plebiscite to decide the fate of Kashmir. The resolution was passed by United Nations Security Council under chapter VI of UN Charter. Resolutions passed under Chapter VI of UN charter are considered non binding and have no mandatory enforceability as opposed to the resolutions passed under Chapter VII.
The resolution recommended that in order to ensure the impartiality of the plebiscite Pakistan withdraw all tribesmen and nationals who entered the region for the purpose of fighting and that India leave only the minimum number of troops needed to keep civil order. The Commission was also to send as many observers into the region as it deemed necessary to ensure the provisions of the resolution were enacted. Pakistan ignored the UN mandate, did not withdraw its troops and claimed the withdrawal of Indian forces was a prerequisite as per this resolution. Indian claim is that Subsequently Pakistan refused to implement the plebiscite until India accedes to it and continued holding on to the portion of Kashmir under its control.
The resolution was adopted paragraph by paragraph; no vote on the resolution as a whole was taken.
In March 2001, the then Secretary-General of the United Nations, Kofi Annan during his visit to India and Pakistan, remarked that Kashmir resolutions are only advisory recommendations and comparing with those on East Timor and Iraq was like comparing apples and oranges, since those resolutions were passed under chapter VII, which make it enforceable by UNSC. In 2003, then Pakistan President Pervez Musharraf announced that Pakistan was willing to "leave aside" demand for UN resolutions, in exchange for exploring alternative bilateral options on resolving the dispute.
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- One of the earliest applications of Chapter VI of the United Nations Charter was on the Kashmir dispute. Following negotiations and agreements among the parties, the Security Council adopted resolution 47 (1948) of 21 April 1948 which promised a free and fair plebiscite under UN auspices to enable the people of Jammu and Kashmir to determine whether they wish to join Pakistan or India. Foreign Minister of Pakistan, on the role of the Security Council in the Pacific Settlement of Disputes
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- "There are two sorts of security council resolution: those under 'chapter 6' are non-binding recommendations dealing with the peaceful resolution of disputes; those under 'chapter 7' give the council broad powers, including war, to deal with 'threats to the peace ... or acts of aggression'." If Saddam steps out of line we must go straight to war by Bill Emmott, The Guardian, 2002-11-25.
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