[Reader-list] 1974 Tripartite Agreement Key Document in War Crimes Debate

[Naeem Mohaiemen]

The storm over Jamaat e Islami calling 1971 a "civil war" continues.

http://www.drishtipat.org/blog/2007/10/29/jamaat-1971/

Latest document to be dissected is the 1974 Tripartite...

>From Bangladesh_1971 listserv...

Pl read these 3 paras 13, 14, and 15.
I didnot see any word "War Criminal" only 195 POW. And also read;
"The Minister further noted that following recognition, the Prime
Minister of Pakistan declared that he would visit Bangladesh in
response to the invitation of the Prime Minister of Bangladesh and
appeal to the people of Bangladesh, to forgive and forget the mistakes
of the past. Similarly, the Prime Minister of Bangladesh had declared
with regard to the atrocities and destruction committed in Bangladesh
in 1971 that he wanted the people to forget the past and to make a
fresh start, stating that the people of Bangladesh knew how to
forgive."
They never appeal to the people of Bangladesh, to forgive and forget
the mistake pf the past.

MMR Jalal.
"Pheeray Dekhun Ekattor. Ghuray Darak Bangladesh."


TRIPARTITE AGREEMENT BETWEEN INDIA, BANGLADESH AND PAKISTAN FOR
NORMALISATION OF RELATIONS IN THE SUB-CONTINENT

New Delhi, April 9, 1974

1. On July 2, 1972, the President of Pakistan and the Prime Minister
of India signed an historic agreement at Simla under which they
resolved that the two countries put to an end the conflict and
confrontation that has hitherto marred their relations and work for
the promotion of a friendly and harmonious relationship and the
establishment of a durable peace in the sub-continent. The Agreement
also provided for the settlement of "their difference by peaceful
means by bilateral negotiations or by any other peaceful means
mutually agreed upon.

2. Bangladesh welcomed the Simla Agreement. The Prime Minister of
Bangladesh strongly supported its objective of reconciliation, good
neighborliness' and establishment of durable peace in the
sub-continent.

3. The humanitarian problem arising in the wake of the tragic events
of 1971 constituted a major obstacle in the way of reconciliation and
normalization among the countries of the sub-continent. In the absence
of reconciliation, it was not possible to have tripartite talks to
settle the humanitarian problems, as Bangladesh could not participate
in such meeting on the basis of sovereign equality.

4. On April 17, 1973, India and Bangladesh took a major step forward
to break the deadlock on the humanitarian issues by setting aside the
political problems of recognition. In a Declaration issued on the date
they said that they "are resolved to continue their efforts to reduce
tension, promote friendly and harmonious relationship in the
sub-continent and work together towards the establishment of a durable
peace ". Inspired by the vision and "in the larger interest of
reconciliation, peace and stability in the sub-continent" they jointly
proposed that the problem of the detained and stranded persons should
be resolved on humanitarian considerations through simultaneous
repatriation of all such persons except those Pakistani prisoners of
war who might be required by the Government of Bangladesh for trial on
certain charges.

5. Following the Declaration there were a series of talks between
India and Bangladesh and India and Pakistan. These talks resulted in
an agreement at Delhi on August 28, 1973 between India and Pakistan
with the concurrence of Bangladesh, which provided for a solution of
the outstanding humanitarian problems.

6. In pursuance of the Agreement, the process of three-way
repatriation commenced on September 19, 1973. So far nearly 300,000
persons have been repatriated which has generated an atmosphere of
reconciliation and paved the way for normalization of relations in the
sub-continent.

7. In February 1974, recognition took place thus facilitating the
participation of Bangladesh in the tripartite meeting envisaged in the
Delhi Agreement, on the basis of sovereign equality. Accordingly His
Excellency Dr.Kamal Hossain, Foreign Minster of the Government of
Bangladesh, His Excellency Sardar Swaran Singh, Minister of External
Affairs, Government of India and His Excellency Mr.Aziz Ahmed, the
Minister of State for Defense and Foreign Affairs of the Government of
Pakistan met in New Delhi from April 5 to April 9, 1974 and discussed
the various issues mentioned in the Delhi Agreement in particular the
question of the 195 prisoners of war and the completion of the
three-way process of repatriation involving Bangalees in Pakistan,
Pakistanis in Bangladesh and Pakistani prisoners of war in India.

8. The Ministries reviewed the progress of the three-way repatriation
under the Delhi Agreement of August 28, 1973. They were gratified that
such a large number of persons detained or stranded in the three
countries had since reached their destinations.

9. The Ministers also considered steps that needed to be taken in
order expeditiously to bring the process of the three-way repatriation
to a satisfactory conclusion.

10. The Indian side stated that the remaining Pakistani prisoners of
war and civilians internees in India to be repatriated under the Delhi
Agreement, numbering approximately 6,500, would be repatriated at the
usual pace of rain on alternate days and the likely short-fall [text
illegible] ..to April 10, 1974 on account of Kumb Mela, would be made
up by running additional trains after April 19. It was thus hoped that
the repatriation of prisoners of war would be completed by the end of
April 1974.

11. The Pakistani side stated that the repatriation of Bangladesh
nationals from Pakistan was approaching completion. The remaining
Bangladesh nationals in Pakistan would also repatriated without let or
hindrance.

12. In respect of non-Bangalees in Bangladesh, the Pakistan side
stated that the Government of Pakistan had already issued clearances
for movement to Pakistan in favor of those non-Bangalees who were
either domiciled in former West Pakistan, were employees of the
Central Government and their families or were members of the divided
families, irrespective of their original domicile. The issuance of the
clearance to 25,000 persons who constitute hardship cases was also in
progress. The Pakistan side reiterated that all those who fall under
the first three categorize would be received by Pakistan without any
limits to numbers. In respect of persons whose applications had been
rejected, the Government of Pakistan would upon request, provide
reasons why any particular case was rejected. Any aggrieved applicant
could, at any time, seek a review of his application provided he was
able to supply new facts or further information to the Government of
Pakistan in support of his contention that he qualified in one or
other of the three categories. The claims of such persons would not be
time-barred. In the event of the decision of the review of a case
being adverse, the Government of Pakistan and Bangladesh might seek to
resolve it by mutual consultation.

13. The question of 195 Pakistani prisoners of war was discussed by
the three Ministers, in the context of the earnest desire of the
Governments for reconciliation, peace and friendship in the
sub-continent. The Foreign Minister of Bangladesh stated that the
excesses and manifold crimes committed by these prisoners of war
constituted according to the relevant provisions of the U.N General
Assembly Resolutions and International Law, war crimes, crimes against
humanity and genocide, and that there was universal consensus that
persons charged with such crimes as the 195 Pakistani prisoners of war
should be held to account and subjected to the dues process of Law.
The Minister of State for Defense and Foreign Affairs of the
Government of Pakistan said that his Government condemned and deeply
regretted any crimes that may have been committed.

14. In this connection the three Ministers noted that the matter
should be viewed in the context of the determination of the three
countries to continue resolutely to work for reconciliation. The
Minister further noted that following recognition, the Prime Minister
of Pakistan declared that he would visit Bangladesh in response to the
invitation of the Prime Minister of Bangladesh and appeal to the
people of Bangladesh, to forgive and forget the mistakes of the past.
Similarly, the Prime Minister of Bangladesh had declared with regard
to the atrocities and destruction committed in Bangladesh in 1971 that
he wanted the people to forget the past and to make a fresh start,
stating that the people of Bangladesh knew how to forgive.

15. In the light of the foregoing and, in particular, having regard to
the appeal of the Prime Minister of Pakistan to the people of
Bangladesh to forgive and forget the mistakes of the past, the Foreign
Minister of Bangladesh stated that the Government of Bangladesh has
decided not to proceed with the trials as an act of clemency. It was
agreed that the 195 prisoners of war may be repatriated to Pakistan
along with the other prisoners of war now in process of repatriation
under the Delhi Agreement.

16. The Minister expressed their convictions that the above agreements
provide a firm basis for the resolution of the humanitarian problems
arising out of the conflict of 1971. They reaffirmed the vital stake
of seven hundred million people of the three countries have in peace
and progress and reiterated the resolve of their Governments to work
for the promotion of normalization of relations and the establishment
of durable peace in the sub-continent.

Signed in New Delhi on April 9, 1974 in three original, each of which
is equally authentic.

Sd/-
Dr.Kamal Hossain, Foreign Minster of the Government of Bangladesh,

Sd/-
Sardar Swaran Singh, Minister of External Affairs, Government of
India

Sd/-
Mr.Aziz Ahmed, the Minister of State for Defense and Foreign Affairs
of the Government of Pakistan


[RECORDED VERBATIM AS PER CIRCULATION BY THE OFFICE OF THE FOREIGN
MINISTER, GOVERNMENT OF BANGLADESH]
http://tpoi.blogspot.com/2002/08/did-we-forgive-pakistan-in-1974.html