ON Aug. 5, 2019, India revoked the special status of Indian Illegally Occupied Jammu and Kashmir (IIOJK) and divided the territory into two Union Territories without the consent of the Kashmiri people. These actions were followed by a strict security lockdown, the detention of political leaders and a communications blackout.
Through these illegal and unilateral actions, India sought to undermine the internationally recognized disputed status of Jammu and Kashmir. The legal and administrative measures taken since Aug. 5, 2019 are aimed at changing the demographic structure and political landscape of the occupied territory. Their ultimate objective is to transform the Kashmiri people into a disempowered minority in their own land. These measures are in blatant violation of the relevant United Nations Security Council resolutions and international law, including the Fourth Geneva Convention.
The Jammu and Kashmir dispute is one of the longest-pending disputes on the agenda of the United Nations Security Council. Given the State’s Muslim-majority population, geographical contiguity, and close economic and cultural links with Pakistan, its natural and democratic course was accession to Pakistan. Maharaja Hari Singh, however, delayed making a decision, which contributed to growing unrest and a popular uprising.
It was India that brought the Jammu and Kashmir dispute before the United Nations Security Council on Jan. 1, 1948. On April 21, 1948, the Security Council adopted Resolution 47, which called for the restoration of peace and the holding of a free and impartial plebiscite under United Nations auspices. The purpose of the plebiscite was to enable the people of Jammu and Kashmir to determine whether the State should accede to Pakistan or India.
A number of United Nations Security Council resolutions subsequently affirmed the right of the Kashmiri people to self-determination. They provide that the final disposition of the State of Jammu and Kashmir should be determined in accordance with the will of its people, expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations. Pakistan, therefore, considers the Jammu and Kashmir dispute an unfinished agenda of the partition of the subcontinent.
The human rights situation in IIOJK has deteriorated significantly since India’s illegal and unilateral actions of Aug. 5, 2019. India’s occupation forces have intensified their campaign of oppression, including extrajudicial killings; arbitrary arrests; torture; enforced disappearances; collective punishments; sexual violence; restrictions on freedom of expression and religion; curbs on the media; internet shutdowns; and the arrest of human rights defenders. The entire Hurriyat political leadership — the genuine voice of the Kashmiri people — has been arbitrarily incarcerated for several years. Indian authorities have also continued to ban political parties that genuinely represent the aspirations of the Kashmiri people. A total of 16 political parties are currently banned in IIOJK.
The reported profiling of mosques and mosque management committees in IIOJK constitutes a blatant intrusion into religious affairs and a grave violation of the fundamental right to freedom of religion and belief. It reflects yet another coercive attempt to intimidate and marginalize the Muslim population of the occupied territory. Human rights violations in Kashmir have been extensively documented by international human rights bodies, including the Office of the United Nations High Commissioner for Human Rights and the Independent Permanent Human Rights Commission of the Organization of Islamic Cooperation.
The Jammu and Kashmir dispute is not merely another unresolved political issue. It remains a potential nuclear flashpoint in South Asia, where Pakistan and India maintain large military forces along their borders. Any incident in Kashmir can therefore lead to rapid and dangerous escalation. Pakistan has consistently maintained that durable peace and stability in South Asia cannot be achieved without a just and peaceful resolution of the dispute. Its continued non-resolution poses a serious threat to regional and global peace and security.
The Pulwama and Pahalgam crises illustrate the gravity of this danger. In both cases, India leveled baseless allegations against Pakistan and subsequently launched military strikes. Pakistan responded in exercise of its right to self-defense. These crises demonstrated how quickly an incident in Kashmir can bring South Asia to the brink of a wider conflict. They also underscored the urgent need to resolve the Jammu and Kashmir dispute through dialogue and diplomacy, in accordance with the relevant United Nations Security Council resolutions.
India’s unilateral suspension of the Indus Waters Treaty has added another dimension to the Kashmir dispute. For more than six decades, the treaty served as an important water-sharing mechanism between Pakistan and India. The agreement was reached in 1960 after nine years of World Bank-facilitated negotiations. The United States, United Nations, Australia, New Zealand and Germany were major contributors to the Indus Basin Development Fund. The treaty has no clause allowing its suspension. It survived wars, crises and periods of political strain. Its suspension has the potential to blow into full-scale conflict and further strain the already fragile regional environment.
Pakistan commemorates August 5 each year to reaffirm that neither the passage of time nor India’s illegal and unilateral actions can extinguish the inalienable right of the Kashmiri people to self-determination. The Jammu and Kashmir dispute remains on the agenda of the United Nations Security Council and cannot be resolved through unilateral measures. Its final settlement must be determined in accordance with the freely expressed will of the Kashmiri people and the relevant United Nations Security Council resolutions.
Dr. Asima Rabbani is the ambassador of Pakistan to the Philippines.
