670
Arif
talks between Bangladesh, India and Pakistan, which were finally conducted
in Delhi in 1974.
3.2
Delhi Agreement
The Delhi Agreement was signed on 28 August 1973 between Bangladesh,
India and Pakistan in Delhi, India, in an effort to solve humanitarian problems.
In the absence of the recognition of Bangladesh by Pakistan, it was not possible to hold tripartite talks to settle the humanitarian problems, as Bangladesh could not participate in such a meeting except on the basis of sovereign
equality.40 Sheik Mujibur Rahman41 had declared that he would not take part
in any meeting, bilateral or trilateral, unless Bangladesh was recognised by
Pakistan.42 In February 1974, the recognition took place, thus facilitating Bangladesh’s participation in the tripartite meeting envisaged in the Delhi Agreement, on the basis of sovereign equality.43 Accordingly, the Foreign Minister of
the Government of Bangladesh, the Minister of External Affairs of the Government of India, and the Minister of State for Defence and Foreign Affairs of the
Government of Pakistan met in New Delhi from 5 to 9 April 1974, and discussed
various issues mentioned in the Delhi Agreement, in particular the question
of the 195 PoWs and the completion of the three-way process of repatriation
involving Bengalis in Pakistan, Pakistanis in Bangladesh, and Pakistani PoWs
in India.44
The remaining Bangladeshi nationals in Pakistan would also be repatriated without delay. Pakistan agreed to the Delhi Agreement to transfer nonBengalis in Bangladesh who had opted for repatriation to Pakistan, in exchange
for Bengalis in Pakistan and the return of PoWs.45 Bangladesh had decided to
40
41
42
43
44
45
Delhi Agreement, Bangladesh, India and Pakistan: Agreement on the Repatriation of Prisoners of War and Civilian Internees, The Agreement was signed in New Delhi on 9 April
1974, <casebook.icrc.org/case-study/bangladeshindiapakistan-1974-agreement>, visited
on 5 April 2015.
Sheik Mujibur Rahman (1920–1975) was the father of the Bangladeshi nation who led the
war of independence and declared independence for Bangladesh. He was also elected as a
first President of the People’s Republic of Bangladesh. See further Rahman, Sheik M
ujibur,
<en.banglapedia.org/index.php?title=Rahman,_Bangabandhu_Sheikh_Mujibur>, visited
10 January 2018.
Ghulam Mustafa and Qasim Shahzad Gill, ‘The Issue of Prisoners of War (pows), 1971 and
Recognition of Bangladesh’, 4 International Journal of Business and Social Research (2014)
p. 117.
Delhi Agreement, supra note 40.
Ibid.
Ibid.
international journal on minority and group rights 25 (2018) 664-678
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