UNCIP resolution on Kashmir is still valid

On 5th January 1949, the United Nations Commission for India and Pakistan (UNCIP) had adopted a unanimous resolution that bestowed on Kashmiris the right of self-determination, which was limited only to accession to India or Pakistan. The principles supplementary to the Commission’s Resolution of August 13, 1948 among other principles stated: “The question of the accession of the State of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite. The plebiscite will be held when it shall be found by the Commission that the cease-fire and truce arrangements set forth in Parts I and II of the Commission’s resolution of 13 August 1948, have been carried out and arrangements for the plebiscite have been completed.” However, India showed utter disregard to the UNSC resolutions and continued to commit murder, rape and atrocities on the people of Kashmir. Syed Ali Gilani of Hurriyat Conference always rejected any other solution except UN resolution that gave people of Kashmir the right to join India or Pakistan through a plebiscite under the aegis of the UN. Many Kashmiri leaders including Chairman Democratic Freedom Party (DPF) Shabbir Ahmad Shah also rejected “Out of Box” solution. India took the plea that following Simla Agreement, the two countries were under obligation to settle their differences through bilateral Agreement. But despite many talks including composite dialogue no progress could be made on the issue; and Pakistan’s position is that resolutions are still valid. One should not ignore the fact that Article 103 of Chapter XVI of the UN Charter clearly states: “In the event of a conflict between the obligations of the members of the United Nations under the present Charter and any other international agreement, their obligation under the present charter shall prevail”.
In fact, 9/11 events had drastically changed political landscape of the world, and became a source of setback for Kashmiris’ liberation movement, as since then even genuine struggle for freedom is construed as terrorist act. India took advantage of the situation and tried to ruthlessly crush the Kashmiris’ struggle. On the other hand, international community failed to stop Indian atrocities on Kashmiris, and also did not exert enough pressure on India to implement UNSC resolutions that gave Kashmiris the right to self-determination. Amnesty International (AI) issues reports on human rights violations in many countries of the world, but rarely highlights the sad plight of Kashmiris. At least once, the AI had called upon India to revoke draconian laws, especially Armed Forces Special Powers Act (AFSPA), which provided immunity to the personnel of armed forces involved in human rights violations in occupied Kashmir. However, Kashmiris are determined to achieve their inalienable right.
In view of protest by the writers, poets and intellectuals against mistreatment of minorities in India, which has brought ignominy to India, Prime Minister Narendra Modi faces embarrassment in India and abroad. It is stated policy of Pakistan that unless there is visible progress on resolution of core issue of Kashmir, Pakistan will not allow India transit trade to Afghanistan and Central Asian Republics. Pakistan always suspected that India would use commerce as a way to undermine Pakistan’s fidelity to Kashmir. With Afghanistan becoming the member of the SAARC, India wanted Pakistan to open land route for Indian exports to Afghanistan. During former prime minister Manmohan Singh’s visit to Kabul in August 2007, the then afghan president Hamid Karzai had called on Pakistan to open transit routes to allow Indian aid to flow into impoverished Afghanistan. But without resolving the Kashmir dispute Pakistan could not give concessions to India.