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The Shimla Agreement was signed between India and Pakistan at 12:40am[1] on July 2, 1972.[2] It followed from the war between the two nations in the previous year that had led to the independence of East Pakistan as Bangladesh. 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 Kashmir dispute again came to the core-issue when India and Pakistan signed the controversial Shimla Accord in July 1972 in the wake of the Indo-Pak war on 1971. The accord converted the 1949 UN "Cease-fire Line" into the Line of Control (LOC) between Pakistan and India which however did not affect the status of the disputed territory:
-Para 6 of the Agreement lists “ a final settlement of Jammu and Kashmir “ as one of the outstanding question awaiting for a settlement.
i) Para4 (ii) talks of a “ Line of Conflict” as distinguished from an international border . Further it explicitly protects “ the recognized position of either side”. The recognized position of Pakistan is the one which is recognized by the United Nations and the world community.
ii) Article 1(iv) obviously refers to the Kashmir region when it talks of “ the basic issues and causes of the conflict which have bedeviled the relations between the two countries for the last thirty years.”
Both sides further undertake to refrain from threat or the use of force in violation of this Line." 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.
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. The treaty was signed in Simla, India, by Zulfiqar Ali Bhutto, the President of Pakistan, and Indira Gandhi, the Prime Minister of India.
Shimla Agreement on Bilateral Relations between India and Pakistan signed by Prime Minister Indira Gandhi, and President of Pakistan, Z. A. Bhutto, in Shimla on July 2, 1972.
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 people.
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 or encouragement of any acts detrimental to the maintenance of peace 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 coexistence respect for each others territorial integrity and sovereignty and noninterference in each others 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.
(v) That they shall always respect each others 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 or use of force against the territorial integrity or political independence of each other.
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.
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.
In order to initiate the process of the 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 ceasefire 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.
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.
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 internees, a final settlement of Jammu and Kashmir and the resumption of diplomatic relations.
Quaid-e-Awam President Islamic Republic of Pakistan
Indira Gandhi Prime Minister Republic of India
Simla, the 2 July 1972.
— Zulfiqar Ali Bhutto, Indira Gandhi.[3]
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