HOW does Pakistan’s expression of solidarity with the people of Jammu and Kashmir on February 5th align with both the UN Charter obligations and the constitutional obligations set forth by Pakistan? It is essential to consider the legal and moral framework of international law (UN Charter and resolutions) and domestic law (Constitution of Pakistan).
Pakistan’s Commitment to the UN Charter Obligations: The UN Charter, particularly Articles 1 to 6, outlines fundamental principles related to the maintenance of international peace and security, promotion of human rights, self determination and respect for the territorial integrity and political independence of nations. The following principles from the UN Charter can be highlighted to align Pakistan’s position with international law:
∙ Article 1 (2) of the UN Charter: This article emphasizes the importance of developing friendly relations based on the principle of equal rights and self-determination of peoples. Pakistan’s unwavering support for the Kashmiri people’s right to self determination, as a cornerstone of its foreign policy, aligns directly with this principle. Pakistan advocates for the Kashmiri people’s right to determine their political status and pursue economic, social and cultural development without external interference.
∙ Article 1 (3) and Article 55 of the UN Charter: These articles further emphasize the role of the United Nations in promoting human rights and fundamental freedoms for all, without distinction. By supporting the self-determination of Kashmiris, Pakistan upholds these values, ensuring that the aspirations and human rights of the Kashmiri people are promoted in line with international norms.
∙ Article 6 of the UN Charter: This article refers to the use of peaceful means to settle disputes and echoes Pakistan’s consistent call for a peaceful resolution of the Kashmir issue. Pakistan has always advocated for a peaceful dialogue based on the UN Security Council resolutions, emphasizing that the question of Kashmir should be resolved in accordance with the wishes of the Kashmiri people via a UN-supervised plebiscite or any other form of self-determination in line with international law. Therefore, Pakistan’s solidarity on Kashmir is a direct fulfilment of its UN Charter obligations—particularly the promotion of self-determination, peace and human rights—within the framework of existing UN resolutions.
Constitutional Obligations under Article 257 and Article 5 (2): Article 257 of the Constitution of Pakistan envisions a future relationship between the people of Jammu and Kashmir and Pakistan, predicated upon the right of self-determination. This article signifies that the final status of Kashmir should be determined by the wishes of the Kashmiri people, ideally through a plebiscite, as per the UN resolutions. The article highlights Pakistan’s constitutional obligation to ensure the future integration of Kashmir with Pakistan based on the people’s consent.
∙ The future relationship envisaged in Article 257 is a manifestation of Pakistan’s duty to act in a way that preserves and respects the aspirations of the Kashmiri people. This includes Pakistan’s commitment to mobilize international support, engage in diplomatic efforts, and raise awareness regarding the struggle of the Kashmiri people for self-determination.
∙ Furthermore, Article 5 (2) of the Constitution of Pakistan holds every citizen and resident of Pakistan accountable to defend the future relationship of Kashmir with Pakistan. This reinforces the duty of all citizens, including leadership, to stand in solidarity with the Kashmiri people, upholding the moral and legal obligations of the country toward the Kashmir issue.
Therefore, Pakistan’s expression of solidarity on February 5th is not only a symbolic gesture but a constitutional duty in alignment with Article 257 and Article 5(2). This solidarity translates into political, diplomatic, and moral support for the people of Kashmir in their quest for self-determination.
3. Kashmir Issue Moving from UN Resolutions to a Mechanism under the UN Template
The Kashmir issue has evolved from a matter of UN resolutions to a broader mechanism under the UN template. UN resolutions, especially UNSC Resolutions 47 (1948) and 91 (1951), called for a plebiscite to determine the future of Jammu and Kashmir based on the people’s will. These resolutions have laid the groundwork for addressing the Kashmir issue under the UN’s legal framework.
∙ However, as the situation has become more complex with regional dynamics and shifting international priorities, the Kashmir issue is often framed within a broader UN template, including mechanisms such as human rights oversight, conflict mediation, and violence prevention. Pakistan’s solidarity with Kashmir on February 5th supports this UN template by calling attention to the human rights violations and the ongoing struggle of the Kashmiri people. Pakistan’s expression of solidarity is not just a political message but an affirmation of Pakistan’s role within the UN’s legal framework, urging adherence to resolutions and continued pressure for peaceful resolution.
Solidarity Day and the Responsibility of the State Solidarity Day is more than just a symbolic act; it is an opportunity for Pakistan to reaffirm its constitutional and international obligations on the Kashmir issue. On this day, Pakistan not only underscores its unwavering support for Kashmir’s right to self-determination but also calls on the international community to hold India accountable for its actions in Kashmir.
The Pakistani leadership’s (Civil and Military) solidarity with Kashmir is a statement of Pakistan’s commitment to the UN Charter, UN resolutions, and its constitutional obligations. It is also a call for continued international attention to the Kashmir issue and an effort to maintain momentum for a peaceful solution under the UN’s legal and diplomatic structures.
∙ Pakistan’s solidarity also underscores the importance of diplomatic engagement with global powers and regional stakeholders to bring the issue back to the international forefront. Pakistan continues to advocate for the restoration of the status quo in Kashmir and the fulfilment of UN Security Council Resolutions. ∙ Solidarity Day is an opportunity for the Pakistani people to demonstrate unity in defending the constitutional obligations outlined in Article 257 and Article 5(2), while reminding the international community of the importance of Kashmir’s rightful self-determination.
Conclusion: Pakistan’s solidarity with the people of Jammu and Kashmir, expressed on February 5th, is a multifaceted alignment of constitutional obligations (Article 257 and Article 5(2)) and UN Charter obligations (significantly Articles 1, 55, and 6). The expression of solidarity is not just symbolic but a reaffirmation of Pakistan’s moral and legal duties to support the self-determination of the Kashmiri people, and it is in harmony with the ongoing efforts of the UN template in addressing Kashmir. This solidarity aligns Pakistan’s actions with its commitment to international peace, human rights, and respect for the territorial integrity of Kashmir while calling for continued global attention and a peaceful, just resolution of the Kashmir conflict.
—The writer is the President of the Jammu and Kashmir Council for Human Rights (JKCHR).
