| SIMLA AGREEMENT, 2 JULY 1972
Source http://www.jammu-kashmir.com/documents/simla.html
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 ot de-stabilise 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 formalise that part of the agreement.
But Pakistan, as later events were to prove, never kept its part of the
deal.
The Government of India and the Government of Pakistan are resolved
that the two countries put an end to the conflct 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
Govern- ment of Pakistan have agreed as follows:
(i) That the principles and purposes off the Charter of the United
Nations shall govern the relations between the 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
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 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 of the last twenty-five years shall
be resolved by peaceful means;
(v) That they 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
shall refrain from the threat or use of force against the territorial integrity
or political independence of each other;
(II) Both Governments will take all steps within their power to prevent
hostile propaganda direcdted against each other.
Both countries will encourage the dissemination of such information
as would promote the development of friendly relations between them;
(III) 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 overflights;
(ii) Appropriate steps shall be taken to promote travel facilities
for the nationals of the other country;
(iii) Trade and co-operation 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 connextion delegations from the two countries will meet from
time to time to work out the necessary details.
(IV) In order to initiate the process of the establishment of durable
peace, both 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 of 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 thirty days thereof.
(V) 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.
(VI)
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 displomatic relations.
Sd/- Sd/-
Indira Gandhi Zulfiqar Ali Bhutto
Prime Minister President
Republic of India Islamic Republic of Pakistan
Source: Government of India, 2 July 1972 |