NEARLY eight decades after the United Nations adopted resolutions on the Jammu and Kashmir dispute, the question remains: why has the organization been unable to implement its own commitments? The continued denial of the Kashmiri people’s right to self-determination remains one of the longest unresolved issues on the UN agenda and continues to challenge the credibility of the international system. During his engagements at the United Nations, Prime Minister Shehbaz Sharif has repeatedly urged the international community, including UN Secretary-General António Guterres, to play a more proactive role in implementing the UN resolutions on Jammu and Kashmir. Pakistan has consistently maintained that the dispute should be resolved through the peaceful implementation of these resolutions and that the people of Jammu and Kashmir must be allowed to exercise their internationally recognized right to self-determination. The Prime Minister has also drawn international attention to allegations of human rights violations in Indian-administered Kashmir and has called for the restoration of the constitutional status that existed before August 5, 2019.
A major turning point came on August 5, 2019, when India revoked Article 370 and Article 35A of its Constitution, ending the special constitutional status of Jammu and Kashmir and reorganizing the former state into two Union Territories. Pakistan rejected these measures as unilateral and contrary to international law and the relevant UN Security Council resolutions. Since then, Islamabad has consistently argued that any lasting settlement must begin with reversing these unilateral actions and creating conditions for a peaceful resolution of the dispute.The establishment of the United Nations after the Second World War represented humanity’s determination to prevent future global conflicts through collective security and respect for international law. Among the organization’s foundational principles is the right of peoples to self-determination, enshrined in Article 1 of the UN Charter. This principle became the cornerstone of the global decolonization process, enabling numerous nations across Asia, Africa and elsewhere to determine their own political future.
For the people of Jammu and Kashmir, the demand for self-determination is rooted not only in this universal principle but also in specific commitments made by the United Nations. The UN Commission for India and Pakistan (UNCIP), through its resolutions of August 13, 1948 and January 5, 1949, envisaged a free and impartial plebiscite to enable the people of Jammu and Kashmir to determine their future. These resolutions remain an important reference point in Pakistan’s position on the dispute and continue to be cited in international discussions on Kashmir.The right to self-determination is widely recognised in international law and has been reaffirmed through the UN Charter, the International Covenants on Human Rights and numerous international declarations. It is a principle that has facilitated the emergence of more than 135 independent states since the establishment of the United Nations. From an original membership of 51 states in 1945, the UN today comprises 193 member states, reflecting the transformative role of self-determination in shaping the modern international order.
Against this backdrop, many continue to ask why the people of Jammu and Kashmir have not been able to exercise the same right that has been extended to so many other peoples around the world. From Pakistan’s perspective, the principal obstacle remains India’s refusal to implement the UN-backed plebiscite and its continued administration of the territory. On its part, India has been misleading the world about the true status of IIOJK that, it is integral part of the country and considers the matter an internal issue. On its part Pakistan maintains that Jammu and Kashmir is a disputed State whose decision has to be made as per resolutions of United Nations. Pakistan further argues that the demographic and administrative changes introduced in IIOJK since 2019 violate the spirit of the UN resolutions and undermine the prospects for a peaceful settlement. Islamabad has also expressed concerns regarding the humanitarian and human rights situation in the region, calling for greater international scrutiny and engagement.
The United Nations has played a historic role in resolving many international disputes and advancing the principle of self-determination across the world. Kashmir remains one of the few major disputes where its resolutions have yet to be implemented. Regardless of the differing legal and political interpretations advanced by the parties to the conflict, the prolonged status quo continues to generate regional instability and human suffering.As the international community continues to emphasize peace, justice and respect for international law, renewed diplomatic engagement on Jammu and Kashmir is essential. The United Nations and its member states have both a legal and moral responsibility to encourage dialogue, reduce tensions and work towards a peaceful resolution that is consistent with international law and the aspirations of the people of Kashmir. UN should play a role for the permanent settlement of the Kashmir dispute by giving Kashmiris their right of self-determination.
— The writer is Professor of Politics and IR at International Islamic University, Islamabad.
