I will be making a detailed response to the Prime Minister’s reference to Kashmir in his UNGA address. At this point, however, I wish to emphasize that his remarks on Azad Kashmir, particularly in response to Indian leaders’ threats to “cross the Line of Control” and “take over Azad Kashmir,” were weak and unpersuasive.
What the Prime Minister’s Position Should Have Been:
The Prime Minister should have introduced Azad Kashmir within the UN template on Kashmir. He could have leveraged its legal and political significance by drawing attention to Pakistan’s compliance with international law while contrasting it with India’s violations in Indian-administered Jammu & Kashmir. Unfortunately, several key opportunities to present a compelling argument were missed.
- Azad Kashmir as a “Local Authority” Under the UN Framework: The Prime Minister should have emphasized that Azad Kashmir holds a unique legal status under UN Commission for India and Pakistan (UNCIP) resolutions of 1948 and 1949, recognized as a “Local Authority” within the broader UN framework for resolving the Kashmir dispute. This designation is vital, as it positions Azad Kashmir as a legitimate administrative entity within the UN-prescribed process. The Prime Minister failed to highlight this distinction, as well as Pakistan’s continued adherence to the UN-mandated ceasefire, which stands in sharp contrast to India’s ongoing violations
in Jammu & Kashmir.
Missed Opportunity: The Prime Minister did not emphasize how Pakistan has maintained Azad Kashmir’s governance in line with UN resolutions, preserving it as an autonomous entity awaiting a plebiscite, while India has blatantly defied the same framework by altering the status and demographics of Jammu & Kashmir.
- Commitment to the UN’s Call for a Plebiscite: The Prime Minister could have affirmed that Azad Kashmir, unlike Indian-administered Jammu & Kashmir, remains fully compliant with the UN’s call for a plebiscite. Pakistan has upheld its obligations under the ceasefire agreement and maintained Azad Kashmir’s governance without taking actions that would alter its demographic makeup or political status. In contrast, India’s demographic engineering in Jammu & Kashmir has directly undermined the spirit of UN resolutions.
Missed Opportunity: The Prime Minister failed to present Azad Kashmir as a region ready for a plebiscite under UN supervision, missing the chance to press the international community to address India’s violations of the UN framework.
The Government of Pakistan must also begin to see Azad Kashmir beyond the restrictive interpretation of Clause VIII of the Karachi Agreement.
Dr Syed Nazir Gilani
Dr-nazirgilani@jkchr.com.
