Joint Statement, issued in New York as on 23 September 1998

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Country/entity: India
Pakistan
Region: Asia and Pacific
Agreement name: Joint Statement, issued in New York as on 23 September 1998
Date: 23 Sep 1998
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/interstate conflict
India-Pakistan Conflict (1947 - ) and the Pakistani Taliban (2001 - )
Two distinct contexts have generated agreements.

India-Pakistan Conflict (1947 - )
The roots of the India-Pakistan Conflict lay in the partition of the British Indian Empire following the end of World War II, and the creation of the predominately Muslim Dominion of Pakistan (now Pakistan and Bangladesh) and the Union of India in 1947. Fuelled by Hindu and Muslim nationalism, the political partition spurred the largest mass migration as minorities sought reference among their communal majorities. Retaliatory violence on both sides led to the deaths of 200,000 to 500,000 people.

A few weeks following the partition, Pakistan sent tribal militias into the Princely State of Jammu and Kashmir, sparking the Indo-Pakistan War of 1947. Two other wars broke out in 1965 and in 1991, as well as a number of skirmishes over the Siachan Glacier. The conflict has seen less casualties since the announcement of a ceasefire in 2003, despite frequent violations by both sides. Public unrest remains sporadic and there has been occasional actions by Islamic militants. In addition, despite a decrease in human rights conditions by occupying forces on both sides, abuses are still documented.

Another dimension of the conflict developed in 1997, after Pakistan announced a successful nuclear test. Since then there has been a proliferation of treaties ensuring clear lines of communication in regards to nuclear testing and accidents to deter accidental escalation.

Pakistan-Afghanistan-US Conflict (2001 - )
Since the 2000s, the Afghanistan war had a noticeable spill-over effect to Pakistan. The Afghan Taliban maintain several strongholds in the western parts of Pakistan, especially in the Northwest Tribal Region. Native Islamist guerrilla outfits also remain active in the region and in 2007 they formed the umbrella organisation known as the Pakistan Taliban until it splintered into four different groups in 2014.
Stage: Implementation/renegotiation
Conflict nature: Territory
Peace process: India-Pakistan border and related process
Parties: The Foreign Secretary of India, Shri K. Raghunath, and the Foreign Secretary of Pakistan, Mr. Shamshad Ahmad, met in New York on 23rd September, 1998.
Third parties: -
Description: -

Agreement document: IN_PK_980924_Joint Statement issued in NY.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 1, iii. All outstanding issues shall be dealt with at the levels indicated below:-
... h. Promotion of Friendly exchanges in various fields - Secretaries, Culture

... The remaining six subjects i.e. (c) Siachen (d) Wuller Barrage/Tulbul Navigation Project, (e) Sir Creek, (f) Terrorism and Drug Trafficking, (g) Economic and Commercial Cooperation, and (h) Promotion of friendly exchanges in various fields, shall be taken up in substantive and separate meetings in New Delhi in the first half of November, 1998. The cycle of meetings of the Foreign Secretaries and other concerned officials on the subjects in the agreed agenda will be continued on this pattern on agreed dates.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: Page 1, iii. All outstanding issues shall be dealt with at the levels indicated below:-
... g. Economic and Commercial Cooperation - Commerce Secretaries

...The remaining six subjects i.e. (c) Siachen (d) Wuller Barrage/Tulbul Navigation Project, (e) Sir Creek, (f) Terrorism and Drug Trafficking, (g) Economic and Commercial Cooperation, and (h) Promotion of friendly exchanges in various fields, shall be taken up in substantive and separate meetings in New Delhi in the first half of November, 1998. The cycle of meetings of the Foreign Secretaries and other concerned officials on the subjects in the agreed agenda will be continued on this pattern on agreed dates.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: Page 1, iii. All outstanding issues shall be dealt with at the levels indicated below:-
...c. Siachen [Glacier] - Defence Secretaries
d. Wuller Barrage/Tulbul Navigation Project - Secretaries, Water & Power
e. Sir Creek - Additional Secretary (Defence)/Surveyors General

... The remaining six subjects i.e. (c) Siachen (d) Wuller Barrage/Tulbul Navigation Project, (e) Sir Creek, (f) Terrorism and Drug Trafficking, (g) Economic and Commercial Cooperation, and (h) Promotion of friendly exchanges in various fields, shall be taken up in substantive and separate meetings in New Delhi in the first half of November, 1998. The cycle of meetings of the Foreign Secretaries and other concerned officials on the subjects in the agreed agenda will be continued on this pattern on agreed dates.

Security sector

Security Guarantees: Page 1, iii. All outstanding issues shall be dealt with at the levels indicated below:-
a. Peace and Security including CBMs - Foreign Secretaries
b. Jammu and Kashmir - Foreign Secretaries
c. Siachen [Glacier] - Defence Secretaries

... The dates of these meetings will be determined by mutual consent. At the each round; the Foreign Secretaries will hold separate meetings on (a) Peace and Security including CBMs and (b) Jammu and Kashmir and review the progress of the dialogue process.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: Page 1, iii. All outstanding issues shall be dealt with at the levels indicated below:-
... f. Terrorism and Drug Trafficking - Home/Interior Secretaries

...The remaining six subjects i.e. (c) Siachen (d) Wuller Barrage/Tulbul Navigation Project, (e) Sir Creek, (f) Terrorism and Drug Trafficking, (g) Economic and Commercial Cooperation, and (h) Promotion of friendly exchanges in various fields, shall be taken up in substantive and separate meetings in New Delhi in the first half of November, 1998. The cycle of meetings of the Foreign Secretaries and other concerned officials on the subjects in the agreed agenda will be continued on this pattern on agreed dates.
Terrorism: Page 1, iii. All outstanding issues shall be dealt with at the levels indicated below:-
... f. Terrorism and Drug Trafficking - Home/Interior Secretaries

...The remaining six subjects i.e. ...(f) Terrorism and Drug Trafficking ...

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Kashmir Herald; http://www.kashmirherald.com/declarations/foreignsecretaries9241998.html

Following is the Text of Joint Statement issued in New York as on 23rd September, 1998

The Foreign Secretary of India, Shri K. Raghunath, and the Foreign Secretary of Pakistan, Mr. Shamshad Ahmad, met in New York on 23rd September, 1998.

Pursuant to the agreement set out in para 4 of the Joint Statement issued at Islamabad on 23 June, 1997, the Foreign Secretaries agreed as follows:-

The mechanism to address all the outstanding issues listed in para 4(i) of the Joint Statement would now be made operational.

As stipulated in para 4(ii) of the Joint Statement, all the issues shall be addressed substantively and specifically through the agreed mechanism in an integrated manner.

All outstanding issues shall be dealt with at the levels indicated below:-

Peace and Security including CBMs - Foreign Secretaries

Jammu and Kashmir - Foreign Secretaries

Siachen - Defence Secretaries

Wuller Barrage/Tulbul Navigation Project - Secretaries, Water & Power

Sir Creek - Additional Secretary (Defence)/Surveyors General

Terrorism and Drug Trafficking - Home/Interior Secretaries

Economic and Commercial Cooperation - Commerce Secretaries

Promotion of Friendly exchanges in various fields - Secretaries, Culture

The detailed composition of the official teams is left to the discretion of each side.

The above mentioned subjects of this composite dialogue process will be discussed at the indicated levels in separate meetings.

The dates of these meetings will be determined by mutual consent.

At the each round;

the Foreign Secretaries will hold separate meetings on (a) Peace and Security including CBMs and (b) Jammu and Kashmir and review the progress of the dialogue process.

The Foreign Secretaries will commence the substantive dialogue with separate meetings on a (a) Peace and Security including CBMs and (b) Jammu and Kashmir in Islamabad on 15-18 October, 1998.

The remaining six subjects i.e. (c) Siachen (d) Wuller Barrage/Tulbul Navigation Project, (e) Sir Creek, (f) Terrorism and Drug Trafficking, (g) Economic and Commercial Cooperation, and (h) Promotion of friendly exchanges in various fields, shall be taken up in substantive and separate meetings in New Delhi in the first half of November, 1998.

The cycle of meetings of the Foreign Secretaries and other concerned officials on the subjects in the agreed agenda will be continued on this pattern on agreed dates.