13 Avr 2021

The Indo-Pakistan Agreement Of August 28 1973

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9. In order to ensure the smooth running and speed of return movements, a special unit was set up at UNHCR headquarters in Geneva, while a representation was set up in Dhaka, Karachi and, for a short period, in Chittagong and Lahore. These are the arrivals and departure points of the returnees. The operation began quickly and satisfactorily. As of 31 December 1973, more than 110,000 people had been repatriated and by 31 March 1974 the repatriation of Bengali from Pakistan had been virtually complete. On 30 April 1974, the Indian government, with the support and auspices of the ICRC, completed the repatriation of Pakistani prisoners of war and civilian internees, respecting the principle of simultaneousity under the New Delhi Agreement. Although the agreement called for the repatriation of Russian-speaking biharis to Bangladesh, the Pakistani government withdrew its promise to relocate the Community to Pakistan. [6] This led to the stateless Pakistani community stranded in Bangladesh. The humanitarian problems that followed the tragic events of 1971 were a major obstacle to reconciliation and normalization between the countries of the subcontinent.

Without recognition, tripartite discussions to resolve humanitarian problems could not be held, as Bangladesh was only able to participate in such a meeting on the basis of sovereign equality. On 17 April 1973, India and Bangladesh proposed to solve the problem of detainees and failures on humanitarian grounds by simultaneously rapping all these persons, with the exception of Pakistani prisoners of war, who could be brought to justice by the Government of Bangladesh on certain charges. The Indian Independence Act of 1947 laid the legal basis for the British withdrawal from the subcontinent and guaranteed partition. On June 3, 1947, a status quo agreement was drawn up by the British-Indian government to ensure that « all administrative arrangements between the British Crown and the Spring State be maintained without amendment between the signatory states (India and Pakistan) and the State until new agreements are reached. » 12 On 11 May 1973, Pakistan opened proceedings against India before the International Court of Justice against these 195 prisoners of war (the case concerning the trial of Pakistani prisoners of war).

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