Memorandum of Understanding

Export agreement:

Export agreement coding (PDF)

Country/entity: India
Pakistan
Region: Asia and Pacific
Agreement name: Memorandum of Understanding
Date: 21 Feb 1999
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: Framework/substantive - partial
Conflict nature: Territory
Peace process: India-Pakistan border and related process
Parties: Indian Foreign Secretary, Mr. K. Raghunath; the Pakistan Foreign Secretary, Mr. Shamshad Ahmad
Third parties: -
Description: Agreed to engage in consultations to develop confidence-building measures; to give notification of ballistic missile flight tests, and to conclude a bilateral agreement on this. Also agreed to reduce risks of accidental or unauthorised use of nuclear weapons and to give notification of any incident that could create the risk of fallout. Parties would conclude an agreement on prevention of incidents at sea, review the implementation of existing Confidence Building Measures, and existing communication links, and engage in bilateral consultations on security, disarmament and non-proliferation issues.

Agreement document: IN_PK_990923_MoU India and Pakistan.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: No specific mention.
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: Page 1, untitled preamble, Reaffirming the continued commitment of their respective governments to the principles and purposes of the U.N. Charter;
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: Rights related issues→Media and communication→Media roles
Page 2, Have on this day, agreed to the following:-
7. The two sides shall undertake a review of the existing communication links (e.g. between the respective Directors-General, Military Operations) with a view to upgrading and improving these links, and to provide for fail-safe and secure communications.
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: No specific mention.
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: No specific mention.

Security sector

Security Guarantees: Page 1, untitled preamble, Guided by the agreement between their Prime Ministers of 23rd September 1998 that an environment of peace and security is in the supreme national interest of both sides and that resolution of all outstanding issues, including Jammu and Kashmir, is essential for this purpose;

Page 1, Have on this day, agreed to the following:-
1. The two sides shall engage in bilateral consultations on security concepts, and nuclear doctrines, with a view to developing measures for confidence building in the nuclear and coventional fields, aimed at avoidance of conflict.
2. The two sides undertake to provide each other with advance notification in respect of ballistic missile flight tests, and shall conclude a bilateral agreement in this regard.

Page 1-2, Have on this day, agreed to the following:-
3. The two sides are fully committed to undertaking national measures to reducing the risks of accidential or unauthorised use of nuclear weapons under their respective control. The two sides further undertake to notify each, other immediately in the event of any accidential, unauthorised or unexplained incident that could create the risk of a fallout with adverse consequences for both sides, or an outbreak of a nuclear war between the two countries, as well as to adopt measures aimed at diminishing the possibility of such actions, or such incidents being misinterpreted by the other. The two side shall identify/establish the appropriate communication mechanism for this purpose.

Page 2, Have on this day, agreed to the following:-
4. The two sides shall continue to abide by their respective unilateral moratorium on conducting further nuclear test explosions unless either side, in exercise of its national sovereignty decides that extraordinary events have jeopardised its supreme interests.
5. The two sides shall conclude an agreement on prevention of incidents at sea in order to ensure safety of navigation by naval vessels, and aircraft belonging to the two sides.

Page 2, Have on this day, agreed to the following:-
8. The two sides shall engage in bilateral consultations on security, disarmament and non-proliferation issues within the context of negotiations on these issues in multilateral fora.
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: No specific mention.
Terrorism: No specific mention.

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: Page 2, Have on this day, agreed to the following:-
6. The two sides shall periodically review the implementation of existing Confidence Building Measures (CBMs) and where necessary, set up appropriate consultative mechanisms to monitor and ensure effective implementation of these CBMs.
Related cases: No specific mention.
Source: UN Peacemaker: http://peacemaker.un.org/sites/peacemaker.un.org/files/IN%20PK_990221_Memorandum%20of%20Understanding.pdf

Memorandum of Understanding.doc

Memorandum of Understanding

The following is the text of the Memorandum of Understanding signed by the Foreign Secretary, Mr. K. Raghunath, and the Pakistan Foreign Secretary, Mr. Shamshad Ahmad, in Lahore on Sunday:

The Foreign Secretaries of India and Pakistan:-

Reaffirming the continued commitment of their respective governments to the principles and purposes of the U.N. Charter;

Reiterating the determination of both countries to implementing the Shimla Agreement in letter and spirit;

Guided by the agreement between their Prime Ministers of 23rd September 1998 that an environment of peace and security is in the supreme national interest of both sides and that resolution of all outstanding issues, including Jammu and Kashmir, is essential for this purpose;

Pursuant to the directive given by their respective Prime Ministers in Lahore, to adopt measures for promoting a stable environment of peace, and security between the two countries;

Have on this day, agreed to the following:-

The two sides shall engage in bilateral consultations on security concepts, and nuclear doctrines, with a view to developing measures for confidence building in the nuclear and coventional fields, aimed at avoidance of conflict.

The two sides undertake to provide each other with advance notification in respect of ballistic missile flight tests, and shall conclude a bilateral agreement in this regard.

The two sides are fully committed to undertaking national measures to reducing the risks of accidential or unauthorised use of nuclear weapons under their respective control.

The two sides further undertake to notify each, other immediately in the event of any accidential, unauthorised or unexplained incident that could create the risk of a fallout with adverse consequences for both sides, or an outbreak of a nuclear war between the two

countries, as well as to adopt measures aimed at diminishing the possibility of such actions, or such incidents being misinterpreted by the other.

The two side shall identify/establish the appropriate communication mechanism for this purpose.

The two sides shall continue to abide by their respective unilateral moratorium on conducting further nuclear test explosions unless either side, in exercise of its national sovereignty decides that extraordinary events have jeopardised its supreme interests.

The two sides shall conclude an agreement on prevention of incidents at sea in order to ensure safety of navigation by naval vessels, and aircraft belonging to the two sides.

The two sides shall periodically review the implementation of existing Confidence Building Measures (CBMs) and where necessary, set up appropriate consultative mechanisms to monitor and ensure effective implementation of these CBMs.

The two sides shall undertake a review of the existing communication links (e.g. between the respective Directors- General, Military Operations) with a view to upgrading and improving these links, and to provide for fail-safe and secure communications.

The two sides shall engage in bilateral consultations on security, disarmament and non-proliferation issues within the context of negotiations on these issues in multilateral fora.

Where required, the technical details of the above measures will be worked out by experts of the two sides in meetings to be held on mutually agreed dates, before mid 1999, with a view to reaching bilateral agreements.

Done at Lahore on 21st February 1999 in the presence of Prime Minister of India, Mr. Atal Behari Vajpayee, and Prime Minister of Pakistan, Mr. Muhammad Nawaz Sharif.

(K. Raghunath)

Foreign Secretary of the Republic of India

(Shamshad Ahmad)

Foreign Secretary of the Islamic Republic of Pakistan