New Delhi, 28 August 1973 Desirous of solving the humanitarian problems resulting from the conflict of 1971 and thus enabling the vast majority of human beings
referred to in the Joint Indo-Bangladesh Declaration to go to their respective countries, India and Pakistan have reached the following
agreement :
(i) The immediate implementation of the solution of these humanitarian problems is without prejudice to the respective positions of
the Parties concerned relating to the case of 195 prisoners of war referred to in clauses (vi) and (vii) of this paragraph;
(ii) Subject to clause (i) repatriation of all Pakistani prisoners of war and civilian internees will commence from the utmost despatch
as soon as logistic arrangements are completed and from a date to be settled by mutual agreement;
(iii) Simultaneously, the repatriation of all Bangalees in Pakistan, and all Pakistanis in Bangladesh referred to in clause (v) below,
to their respective countries will commence;
(iv) In the matter of reparticiation of all categories of persons the principle of simultaneity will be observed throughout as far
as possible;
(v) Without prejudice to the respective positions of Bangladesh and Pakistan on the question of non-Bangalees, who are stated to have
“opted for repatriation to Pakistan”, the Government of Pakistan guided by considerations of humanity, agrees, initially, to receive
a substantial number of such non-Bangalees from Bangladesh. It is further agreed that the Prime Ministers of Bangladesh and Pakistan
or their designated representatives will thereafter meet to decide what additional number of persons, who may wish to migrate to
Pakistan, may be permitted to do so. Bangladesh has made it clear that it will participate in such a meeting only on the basis of
sovereign equality;
(vi) Bangladesh agrees that no trials of the 195 prisoners of war shall take place during the entire period of repatriation and that
pending the settlement envisaged in clause (vii) below these prisoners of war shall remain in India;
(vii) On completion of repartriation of Pakistan prisoners of war and civilian internees in India; Bangalees in Pakistan and Pakistanis
in Bangladesh referred to in clause (v) above, or earlier, if they so agree, Bangladesh, India and Pakistan will discuss and settle
the question of 195 prisoners of war. bangladesh has made it clear that it can participate in such a meeting only on the basis of
sovereign equality.
The Special representatives are confident that the completion of repatriation provided for in this Agreement would make a signal
contribution to the promotion of reconciliation in the sub-continent and create an atmosphere favorable to a constructive outcome
of the meeting of the three countries;
(viii) The time schedule for the completion of repatriation of the Pakistani prisoners of war and civilian internees from India, the
Bangalees from Pakistan and the Pakistanis referred to in clause (v) above from Bangladesh, will be worked out by India in consultation
with Bangladesh and Pakistan, as the case may be. The Government of India will make the logistic arrangements for the Pakistani
prisoners of war and civilian internees who are to be repatriated to Pakistan. The Government of Pakistan will make logistic arrangements
within its territory upto agreed points of exit for the repatriation of Bangladesh nationals to Bangladesh. The Government of Bangladesh
will make necessary arrangements for the transport of these persons from such agreed points of exit to Bangladesh. The Government
of Bangladesh will make logistic arrangements within its territory upto agreed points of exit for the movement of the Pakistanis
referred to in clause (v) above who will go to Pakistan. The Government of Pakistan will make necessary arrangements for the transport
of these persons from such agreed points of exit to Pakistan. In making logistic arrangements the Governments concerned may seek
the assistance of international humanitarian organisations and others;
(ix) For the purpose of facilitating the repatriation provided for in this Agreement, the representatives of the Swiss Federal Government
and any international humanitarian organisation entrusted with this task shall have unrestricted access at all times to Bangalees
in Pakistan and to Pakistanis in Bangladesh referred to in clause (v) above. The Government of Bangladesh and the Government of
Pakistan will provide all assistance and facilities to such representatives in this regard including facilities for adequate publicity
for the benefit of the persons entitled to repatriation under this Agreement;
(x) All persons to be repatriated in accordance with this Agreement will be treated with humanity and consideration.
The Government of India and the Government of Pakistan have concurred in this Agreement. The Special Representative of the Prime
Minister of India, having consulted the Government of Bangladesh has also conveyed the concurrence of Bangladesh Government in this
Agreement.
DONE in New Delhi on August 28, 1973 in three originals, all of which are equally authentic.
Sd/-
Sd/-
P.N.HAKSAR
AZIZ AHMED
Special Representative
Minister of State for Defence
of the Prime Minister of India
and Foreign Affairs,
Government of Pakistan
