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Text of the tri-patriate agreement of Bangladesh-Pakistan-India

Following is the full text of tripartite agreement signed in New Delhi on 9 April 1974.

1. On 2 July 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 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.” The agreement also provided for the settlement of “their differences 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 subcontinent.

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

4. On 17 April 1973, India and Bangladesh took a major step forward to break the deadlock on the humanitarian issues by setting aside the political problem of recognition. In a declaration issued on that 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 this vision and “in the larger interest of reconciliation, peace and stability in the subcontinent”, 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 28 august 1973, between India and Pakistan with the concurrence of Bangladesh, which provided for a solution of the outstanding humanitarian problems.

6. In pursuance of this agreement, the process of three-way repatriation commenced on 19 September 1973. So far nearly three lakh 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, Dr. Kamal Hossain, Foreign Minister of Government of Bangladesh, Mr. Swaran Singh, Minister of External affairs, Government of India, and Mr. Aziz Ahmed, Minister of State for Defense and Foreign Affairs of the Government of Pakistan, met in New Delhi from 5 April to 9 April 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 Bangladesh and Pakistani prisoners of war in India.

8. The Ministers reviewed the progress of the three-way repatriation under the Delhi Agreement of 28 August 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 three-way repatriation to a satisfactory conclusion.

10. The Indian side stated that the remaining Pakistani prisoners of war and civilian internees in India to be repatriated under the Delhi Agreement, numbering approximately 6,500, would be repatriated at the usual pace of a train on alternate days and the likely shortfall due to suspension of trains from 10 April to 19 April 1974, on account of the Kumbh 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 Pakistan side stated that the repatriation of Bangladesh nationals from Pakistan was approaching completion. The remaining Bangladesh nationals in Pakistan would also be repatriated without let or hindrance.

12. In respect of non-Bengalis in Bangladesh, the Pakistan side stated that the Government of Pakistan had already issued clearances for movement of Pakistanis in favour of those non-Bengalis 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 clearances to 25,000 persons who constitute hardship cases was also in progress.

The Pakistan side also reiterated that all those who fall under the first three categories would be received by Pakistan without any limit 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 a 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 claim of such persons would not be time-barred. In the event of the decision of 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 those prisoners of war constituted, according to the relevant provisions of the UN 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 195 Pakistani prisons of war should be held to account and subjected to the due 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 Ministers further noted that following recognition, the Prime Minister of Pakistan had declared that he would visit Bangladesh in response to the invitation of the Prime Minister of Bangladesh and appealed to the people of Bangladesh to forgive and forget the mistakes of the past in order to promote reconciliation. 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 had decided not to proceed with the trials as an act of clemency. It was agreed that the 195 prisoners of war might be repatriated to Pakistan along with the other prisoners of war now in the process of repatriation under the Delhi Agreement.

16. The Ministers expressed their conviction 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 the 700 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 9 April 1974, in three originals, each of which is equally authentic.

(Kamal Hossain)
Minister of Foreign Affairs, Government of Bangladesh
(Swaran Singh)
Minister of External Affairs, Government of India
(Aziz Ahmed) Minister of State for Defense and Foreign Affairs, Government of Pakistan.

1948

KN

Khwaja Nazimuddin (chief minister of East Pakistan) introduces the East Pakistan cabinet to Mr Jinnah (the founding father of Pakistan) in March 1948. Arrogant ICS Chief Secretary Aziz Ahmed is seen at extreme left. It is said that even Bengali ministers could not enter his office and he created more ill will against West Pakistan than any other single indivdual

(Image credit: Doc Kazi from Flickr)

The Language Movement Starts

1947

1930-47: Development of the Two Nations Theory which led to the Partition of the Indian sub-continent on the basis of two religion Hindu and Muslim, a separate state for each religion.

August 14: The Partition of India:

‘Partition’ here refers not only to the division of the Bengal province of British India into the Pakistani state of East Bengal (later East Pakistan, now Bangladesh) and the Indian state of West Bengal, as well as the similar partition of the Punjab region of British India into the Punjab province of West Pakistan and the Indian state of Punjab, but also to the division of the British Indian Army, the Indian Civil Service and other administrative services, the railways, and the central treasury, and other assets.

The Partition of India led to the creation on 14 August 1947 and 15 August 1947, respectively, of the sovereign states, Dominion of Pakistan (later Islamic Republic of Pakistan) and Union of India (later Republic of India), upon the granting of independence to British India by the United Kingdom. ‘Partition’ here refers not only to the division of the Bengal province of British India into the Pakistani state of East Bengal (later East Pakistan, now Bangladesh) and the Indian state of West Bengal, as well as the similar partition of the Punjab region of British India into the Punjab province of West Pakistan and the Indian state of Punjab, but also to the division of the British Indian Army, the Indian Civil Service and other administrative services, the railways, and the central treasury, and other assets.

East Bengal celebrates its freedom from British colonial rule as it becomes a province of Pakistan. West Bengal remains with India, which celebrates its own independence the following day.

“The partition of India in 1947 led to a process which we today probably would describe as ‘ethnic cleansing’. Hundreds of thousands of people were massacred and millions had to move; Muslims from India to Pakistan, Hindus in the opposite direction.” – Øyvind Tønnesson

(Image credit: Wannabehuman)

* Partition of India and Bengal and Some Myths:

  • Muslims wanted Pakistan as a separate state for Muslims and they voted for it
  • Congress did everything possible to avert partition
  • The Bengal partition was not opposed

    • However each was untrue. Read this for details.

    More on Partition of India.

    Source: Uttorshuri, Wikipedia

    Agratala Conspiracy case withdrawn, Mass uprising of 1969 begins, Yahya Khan in Power

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    January – February 1969

    Violence breaks out between people demonstrating against Ayub Khan’s martial law regime and the police.

    The Agartala Conspiracy Case is withdrawn, and Sheikh Mujib is released, at the insistence of some of the West Pakistani leaders meeting with Ayub Khan in a round table discussion for restoring peace.

    Ayub Khan hands over power to General Yahya Khan; martial law is imposed for the second time. Yahya Khan promises to return power to people’s representatives (March 25-26, 1969).

    The deaths of student leader Asad and a high-school student Matiur Rahman give rise to the Mass Uprising of 1969 (gana-abhyuththaan)

    Sergeant Zahurul Haq, one of the 35 accused in the Agartala Conspiracy Case, is shot dead while in military custody at the Dhaka Cantonment (February 15).

    The Six Point Movement

    February 1966:

    Before a convention of opposition parties held in Lahore, Sheikh Mujibur Rahman puts forward his demand for a federal governing system with full autonomy for the two wings of Pakistan:

    1. A Federation of Pakistan based on the Lahore Resolution, with a parliamentary form of government based on the supremacy of a directly elected legislature and representation on the basis of population.

    2. The federal government to be responsible only for defense and foreign affairs.

    3. A federal reserve system designed to prevent the flight of capital from one region to the other.

    4. Taxation to be the responsibility of each federating unit, with necessary provisions for funding the federal goverment.

    5. Each unit to retain its own foreign exchange earnings as well as the power to negotiate foreign trade and aid.

    6. Each unit to maintain its own paramilitary forces.

    “The historic Six-Point Demand or Six-Point Movement has been widely credited as the ‘charter of freedom’ in the history of the Bangalees’ struggle for freedom and independence from Pakistan’s colonial domination. Indeed, the Awami League-led six-point movement in 1966 was the turning point in our quest for greater autonomy and self-determination. It is fair to suggest that the six-point movement is a milestone in the history of our struggle for freedom and independence.” — Prof M Waheeduzzaman in his analysis of The Six Points Movement

    The Lahore Resolution was inspired by Jinnah and formally moved by A K Fazlul Huq at a General Session of the All India Muslim League on March 23, 1940:

    “…no constitutional plan would be … acceptable to the Muslims unless … geographically contiguous units are demarcated into regions … with such territorial readjustments as may be necessary. [And] the areas where the Muslims are numerically in a majority, as in the North-Western and Eastern zones of India, should be grouped to constitute independent states in which the constituent units shall be autonomous and sovereign.”

    Evolution of Fundamental Principles of 1972 – Bangladesh Constitution

    Bangladesh constitution 1972

    Bangladesh constitution 1972

    The Bengali nation struggled for democracy, secular values and national rights for years. Military rulers of Islamic Republic of Pakistan tried to deny democracy and national aspiration of Bengalis and even carried out systematic genocide in the name of religion. As a result, struggle of Bengali people from language movement of 1952 to armed resistance in 1971, lead to emergence of Bangladesh as secular democratic nation state.

    So, following fundamental principles of Bangladesh constitution of 1972 evolved through experiences of this popular struggle.
    – Democracy
    – Nationalism
    – Secularism
    (Socialism was other fundamental principle. However this principle was generally considered for social justice particularly for the disadvantaged.)
    Bangladesh people are still continuing the struggle to retain these principles against many odds.

    The Bangladesh Constitution 1972 slideshow by Ahmed Arup kamal.

    Source: Liberation War Museum

    March 7, 1971: Sheikh Mujibur Rahman’s speech at the Racecourse Ground

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    Sheikh Mujib addresses a huge crowd at the Dhaka Racecourse: makes his historical call to the Bangalees to “build a fortress in each and every household…” and to “fight for their freedom…” (Image source: Uttorshuri)

    On March 7, 1971, there was a meeting on the Racecourse ground (now called the Suhrawardy Udyan) to mark a dramatic turn in the Bangali struggle. All eyes were centered on the dais where Bangabandhu Sheikh Mujibur Rahman was expected any moment.

    Sheikh Mujibur Rahman delivered a speech where he mentioned a further four-point condition to consider the National Assembly Meeting on March 25:

    1. The immediate lifting of martial law.
    2. Immediate withdrawal of all military personnel to their barracks.
    3. An inquiry into the loss of life.
    4. Immediate transfer of power to the elected representative of the people before the assembly meeting March 25.

    Bangabandhu also unfolded a program of several directives that was the extent of the civil disobedience movement. Those were :

    1. Sheikh Mujibur Rahman asks the people not to pay taxes and asks the government servants to take orders only from him.
    2. The secretariat, government and semi-government offices, High court and other courts throughout East Bangla will observe Hartals. Appropriate exemptions will be announced from time to time.
    3. Railway and ports may function, but railway and port workers will not cooperate if railway or ports are used for mobilizing of forces for the purpose of repression against the people of East Bangla.
    4. Radio, television and newspapers shall give complete versions of Bangabandhu’s statement and shall not suppress news about the people’s movement, otherwise Bangali worker in these establishment shall cooperate.
    5. Only local and inter-district telephone communication shall function.
    6. All educational institution shall remain closed.
    7. Banks shall not effect remittances to the Western wing either through the State Bank or otherwise.
    8. Black flags shall be hoisted on all buildings everyday.
    9. Hartal (strike) is withdrawn in all other spheres but complete hartal may be declared at any moment depending on the situation.
    10. A ‘Sangram Parishad’ should be organized in each union, mohallah, thana, sub-division – under the leadership of the local Awami League units.

    Bangabandhu Sheikh Mujibur Rahman exhorted his people to turn every house in East Bangla into a fortress.

    Finally, raising his fist Bangabandhu cried out at the top of his voice : “OUR STRUGGLE THIS TIME IS A STRUGGLE FOR FREEDOM, OUR STRUGGLE THIS TIME IS A STRUGGLE FOR INDEPENDENCE. JOY BANGLA.”

    The March 7 Address (Pdf file)

    An English Translation (from Banglapedia)

    Audio Excerpts     (from BBC’s Bangladesh Timeline)

    March 6, 1971: Yahya Khan announces that the National Assembly would meet on March 25, 1971

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    Yahya Khan went on the air and announced March 25 as the new data for the national assembly meeting.Whoever heard Yahya khan’s broadcast that day will never forget the experience. The manner in which the ‘gesture’ was made and the tone of voice left no doubt whatsoever of his real intentions. He had not a single word to assuage outraged Bangali sentiment, nor did he make the slightest effort at reconciliation. Instead, he heaped invective on Bangabandhu Sheikh Mujibur Rahman and the Awami League.

    On three separate occasions between March 3 and March 24 Bangali members of armed forces approached Sheikh Mujibur Rahman for guidance because they had no illusions about what was coming.

    In the evening Bangabandhu was engaged in an emergency meeting of the party’s working committee to consider the President’s new date for the national assembly meeting. The Awami Leaguers also had to decide whether or not to make the declaration of independence that the people were clamoring for. The pressures for this were extreme. On the one side were the powerful student groups insisting to announce the break with the West Pakistan, with them also were the street crowds.

    The discussions had taken up the whole night but the Awami League was still undecided. Finally Bangabandhu Sheikh Mujibur Rahman decided to speak out about this issue – tomorrow March 7, 1971 – on the Racecourse Ground.

    March 5, 1971: 300 killed in army actions on protesters

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    Three hundred people killed in army action against Awami League volunteers and supporters.

    Yahya Khan was clear in his mind about what he should do. The strategy would be to provide the necessary force, buy time for the preparations and strike hard at the appropriate moment. Encouragement also came from Tikka Khan,- ‘Give me enough force and I will crush them in 48 hours’. Accordingly, Yahya Khan ordered the massive airlift to begin.