Appointment of a Plebiscite Advisor
Section 8 of the 1970 Act: This section placed the responsibility on the Azad Kashmir Government to act in accordance with the UNSC Resolutions, which included the organization and administration of the plebiscite as well as ensuring that the will of the Kashmiri people was given the opportunity to be expressed through a free and fair vote.Section 11 of the 1974 Act: This section extended the constitutional duty of the Pakistan government to ensure the plebiscite process was carried out in accordance with the UNCIP Resolutions and UNSC guidelines. It outlined the procedures for conducting the plebiscite, which included demilitarization, supervision of the vote by the United Nations, and ensuring that the Kashmiri people could make theirchoice between India, Pakistan, or independence. Court provided a clear legal declaration of their non-compliance with these obligations, which, since then, has evolved into a case of contempt of court.Both governments’ failure to discharge their constitutional duties has resulted in a continuing denial of the Kashmiri people’s right to self-determination, as promised under the UN resolutions and the UNCIP framework. Their non-compliance not only jeopardizes the legitimacy of their own governance but also undermines the legally binding nature of the UN resolutions and international commitments made in good faith. This ongoing contempt of court perpetuates the Kashmir dispute, denying the Kashmiri people the opportunity to have their say in their political future and keeping the region locked inconflict. Dr Syed Nazir Gilani Dr-nazirgilani@jkchr.com.
