Dr Muhammad Khan
ESTABLISHMENT of United Nations Organisation (UNO) at the end of World War-II was the most noble and extraordinary act under taken by the global leadership to avoid another catastrophic world war. The Charter of UNO was further distinguished with the inclusion of an exceptional humanitarian clause; the ‘right of self-determination’ which was unique in nature and can be attributed to Divinity. Ever since the decolonisation of Subcontinent in 1947, the people of Jammu and Kashmir are demanding their right of self-determination. Kashmiri trace back this prized right from the resolutions of United Nations which were derivative of it got accredited from the Charter of this world body. Owing to its paramount significance, the right of self-determination was secured in article 1 of the UN Charter with a universal application, where Kashmiris cannot be made as an exception. The global decolonization, started immediately after establishment of United Nations (UN) in 1945 owed a lot to the right of self-determination. Right of self-determination is the legal right of the people for deciding their future destination. It is the essence of international law, arising from customary international law, secured in a number of international treaties and agreements. Kashmiris right of self-determination is also secured in UN resolutions, treaties and commitments of Indian leadership. In the light of UN mandated right to self-determination, the people of Jammu and Kashmir too had a right to determine their own destiny, their own political status and their own economic, cultural and social development model.
United Nations Commission for India and Pakistan (UNCIP) through its Resolution of January 5, 1949 guaranteed a free and fair plebiscite in Jammu and Kashmir with the sole objective of granting the people of Jammu and Kashmiri their right to self-determination. This is the inalienable right; the people of Jammu and Kashmir had in 1947 and valid today in 2021. The only obstacle in the exercise of this right is Indian obduracy, which has constantly caused a barrier since the passage of UNCIP Resolution on 05 January 1949. Since its establishment in 1945, the United Nations ensure grant of this right to over 100 states. This is clear from UN membership; it had 51 countries as its members in October 1945 and today in 2021, there are 193 countries form the member states of this international organization. In all cases, the right of self-determination formed the basis of such a large international community. The only question, people of Jammu and Kashmir ask today from UN and its 193 member States that after all why they have been deprived from this inalienable right of self-determination, enshrined in the UN Charter and UN resolutions. UNCIP Resolution of 05 January, 1949 was corollary to UNCIP Resolution dated 13 August 1948.
Indeed, after passage of this resolution (13 August 1948), India and Pakistan gave their recommendations for the smooth conduct of plebiscite in the entire state of Jammu and Kashmir which were incorporated in in the resolution of 05 January 1949. This UNCIP resolution was unanimously adopted by member of the commission thus had no confusion in implementation. Since India took Kashmir dispute to UN on 01 January 1948 on the sole plea that Maharaja of the Princely state of Jammu and Kashmir had acceded to India on 26 October 1947 through an Instrument of Accession. The truth is quite different, since Maharaja did not sign the instrument before 27 October 1947, the day India invaded the state in the early hours. India was sure to just have a walk-over upon presentation of this so-called instrument of accession at UN. But, during the debate over the dispute between Pakistani and Indian representative, UN came to know about the reality of Indian occupation of the former Princely State and consent of the people of the state, which run counter to Indian narrative and claim. Moreover, even in the so-called instrument of accession, the will of the people was to be kept as the supreme verdict about their future status.
The UNCIP resolutions (05 August 1948 and 05 January 1949) were indeed the rejection of the Indian stance over Kashmir. Through these resolutions, United Nations made Kashmiris as the basic and principle party; the real decision makers for their future political status. The so-called instrument of accession, India presented and used to justify its invasion into the Princely state of Jammu and Kashmir was rejected by UN. At UN two concurrent happenings took place as a result of India reference to Kashmir case; one, Indian efforts to get UN authenticity of its military invasion into Kashmir was rejected and two, instrument of accession was not accepted as the legal document for the accession of the state with Indian Union. This happened despite Lord Mountbatten was still the Governor General of Independent India. Lord Louis Mountbatten remained Governor General India from 15 August 1947 to 21 June 1948. India is cognizant of the fact that, despite its brutal use of force and massive human rights violations in Indian Illegally Occupied Jammu and Kashmir (IIOJK), it can neither suppress the popular will of Kashmiris nor can it deprive them from attaining their long-awaited right of self-determination. It’s indeed the matter of time and international awakening that, Kashmiris will get their right of self-determination. Nevertheless, as an alternative, India has started making demographic changes in IIOJK which is yet another violation of UN Charter, UN resolutions on Kashmir, Fourth Geneva Convention and International Law.
— The writer is Professor of Politics and IR at International Islamic University, Islamabad.
