Ever since his assumption of the com mand of Pak Army in November 2022, General AsimMunir has repeatedly re-affirmed his stance and stance of Pakistan Army that, India must give Kashmiris their right of self-determination. During Azadi Parade of August 14, 2023 at Pakistan Military Academy, he re-iterated his stance over Kashmir and stressed India to fulfill its commitments over Kashmir and give Kashmiris their UN mandated right through free and fair plebiscite. While addressing the Azadi Parade, Gen AsimMunir said, “No evil design can withstand the determination of the Kashmiri people, despite the communication blackouts, blatant use of the bayonets and turning Illegally Indian Occupied Jammu and Kashmir into the largest prison of the world.” This was India ill-will and evil-design which kept Indian Illegally Occupied Jammu and Kashmir (IIOJK) under its occupation for over seven decades and consolidation of this occupation through another ill-conceived act of August 5, 2019. Through this Act, India relegated the statehood of the State of Jammu and Kashmir into two unequal union territories and annexed it with its union in complete disregard of UN resolutions over Kashmir and in violation of the constitution of IIOJK, apart from violation of its own constitutional provisions. This entire manipulation of over IIOJK was illegal and meant to change the demography of the state through settling millions of non-Kashmiri Hindus in Muslim majority areas of the state. Indeed, the brutal Indian Act of August 5, 2019 could not defeat the determination of the valiant people of IIOJK, who chose to fight back rather accepting Jammu and Kashmir Reorganization Act of illegal annexation of the occupied parts of State into Indian Union. This is being done in the presence of over 900,000 Indian security forces, who have unleashed reign of terror on the subjugated people of Jammu and Kashmir State. In his address, General Asim Munir was quite vocal, unambiguous and daring over the stance of Pak Army over Kashmir Dispute. This continual reiteration clarifies the stance of Pakistani Military over Kashmir. It clearly explains that, there is no change in the stated traditional position of Pak Army over Kashmir, as portrayed by some sections of media in previous years. General Asim wished for Kashmir for freedom from the clutches of brutal Indian occupation sooner than later. He emphasized international community to play a decisive role towards freedom of the people of IIOJK through a process of plebiscite. UN and major power centers needs to play their decisive role for giving Kashmiris their inherent right of self-determination.
In fact, the global decolonization started immediately after establishment of United Nations (UN) in 1945 with the grant of right of self-determination to communities and nations. This right 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. Kashmiri’s 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 2023.The only obstacle in the exercise of this right is Indian obduracy and its illegal occupation of IIOJK, 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 which is clear from UN membership. UN had 51 countries as its members in October 1945 and today in 2023, there are 193 countries forming the member states of this world body. 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. The UNCIP resolutions; August 13, 1948 and January 5, 1949were 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 not accepted by UN as a valid document.
At the time of Indian reference of Kashmir case to United Nation on January 1, 1948, two concurrent happenings took place: one), Indian efforts to get UN authenticity of its military invasion into IIOJK were rejected and two), instrument of accession was not accepted as the legal document for the accession of the state with Indian Union. India is cognizant of the fact that, despite its brutal use of force and massive human rights violations in IIOJK, it can neither suppress the popular will of Kashmiris nor can it deprive them from attaining their long-awaited right of self-determination. A clear commitment of General Asif Munir and Pak Army for the right of self-determination of Kashmiris has two connotations: one), Pakistan Army rejects the Indian annexation of IIOJK into Indian Union which was done on August 5, 2019 and two), Pak Army firmly stand behind Kashmiris until they attain their UN mandated right of self-determination.
— The writer is Professor of Politics and IR at International Islamic University, Islamabad.
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