Kashmir dispute demands for Right to Self Determination

2. Kashmir Dispute:
Demands for Right of
Self-Determination.
--------------------
Amar Jahangir.
Lecturer, Kashmir Studies.
Institute of Kashmir Studies, UAJK Muzaffarabad.

3. CONTENTS
 Self Determination.
 Introduction to State.
 Geographical Position of Kashmir.
 Genesis of the Dispute.
 UN-Resolutions on Kashmir Dispute.
◦ UN-Resolution of August 13, 1948.
◦ UN-Resolution of January 05, 1949 .
 Different Points of View of Stakeholders.
◦ Aspirations of Kashmiris.
◦ Pakistani Point of view.
◦ Indian Point of view.
 Kashmiris and Self-Determination.
 Conclusion.

4. SELF-DETERMINATION
 “Self-Determination means the legal right
of people to decide their own destiny in
the international order”
 Self-Determination is protected in the
United Nations Charter and the
International Convention on civil and
political Rights as a right of “all People”

5. CONTINUE…..
 Almost 65 Nations have exercised their
right of Self-Determination.
 East Timor and South Sudan had got
independence through right of Self-
Determination.
 In 2014, the people of Scotland has
exercised their right of Self-Determination.

6. MAP OF JAMMU AND KASHMIR

7. GEOGRAPHICAL LOCATION OF J&K
 The state of Jammu and Kashmir shares its borders with
China, 1207 km,
Pakistan 965 km,
India 483 km and
Afghanistan 80 km
 The State of Jammu and Kashmir is Surrounded by
China (on north and east)
India (on south)
Pakistan (on west),
Afghanistan (on northwest).

8. REGIONS OF THE STATE OF J&K
 Gilgit-Baltistan
 Aksai Chin
 Azad Kashmir
 Indian Occupied
Kashmir

9. AZAD JAMMU & KASHMIR
Area 4144 Sq. miles
Population 4.5 millions
DOF 24th Oct. 1947
Divisions 3
Districts 10

10. JAMMU & KASHMIR STATE (IOK)
Area 41342 Sq. miles
Population 10.2 millions est.
DIO 27th Oct. 1947
Divisions 3
Districts 22

11. GILGIT-BELTISTAN
Area 27946 Sq. miles
Population 1.8 millions
DOF 1st Nov. 1947
Divisions 2
Districts 10

12. AKSAI CHIN
Area 27946 Sq. miles
DOC November 21,
1962
After Sino-Indo war

13. GENESIS OF THE DISPUTE
 1846- Kashmir sold to Maharaja Gulab Singh by the British.
 Partition of India act 1947– (giving choice to princely states to join
the dominions of India or Pakistan)
 July 19, 1947 Sole representative party of Kashmir (All Jammu
Kashmir Muslim Conference) in Perja Sabah decided to accede to
Pakistan
 August 1947-Pakistan and India emerge as two sovereign states in
the region
 August 1947 Maharaja signed Stand Still agreement with Pakistan.
 Freedom struggle initiated in AJK & GB immediately thereafter.

14.  Govt. of AJK founded on Oct, 24, 1947 under the president
ship of Ghazi-e-Millat Sardar Muhammad Ibrahim Khan.
 27th Oct, 1947-Indian Troops landed at Srinagar
 Gilgit-Baltistan liberated on Nov 01, 1947.
 AJK and GB declared as the base camp of Freedom struggle
for whole of Kashmir.
 1948 First ever War between Pakistan and India on Kashmir
 India takes the matter to UNO on January 01,1948
 Kashmir Conflict is the major source of tension between
Pakistan and India.
GENESIS OF THE DISPUTE

15. UN SECURITY COUNCIL RESOLUTION
 UN Security Council Resolution of August 13,1948
 UN Security Council Resolution of January 5,1949
 UN Security Council Resolution of March 14,1950
 UN Security Council Resolution of November 10,1951
 UN Security Council Resolution of December 23,1952
 UN Security Council Resolution of January 24,1957
 UN Security Council Resolution of February 21,1957
 UN Security Council Resolution of December 2,1957

16. UN RESOLUTION OF
AUGUST 13, 1948
UN Resolution of August 13, 1948
consists of following three parts
 Cease fire order
 Truce agreement
 Plebiscite

17. UN RESOLUTION OF
JANUARY 05, 1949
 UN Resolution of January 05, 1949 demands the
Kashmiri's Right of Self-Determination
 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.

18. DIVERGING
POINTS OF VIEW OF
STAKEHOLDERS

19. ASPIRATIONS OF KASHMIRIS
 All the political parties of the State of Jammu and
Kashmir unanimously agree for plebiscite.
 On July 19, 1947 the sole representative political party (All
Jammu and Kashmir Muslim Conference) passed a
resolution of accession with Pakistan.
 People of Jammu and Kashmir think that the right of Self-
Determination is their basic right.
 Recently All Parties conference passed a resolution that
UN should force India to implement on UN resolution.

20. PAKISTAN'S POINT OF VIEW
 Article 257 of the Constitution of Pakistan deals with
Kashmir;
Provision relating to the State of Jammu and Kashmir;
when the people of the State of Jammu and Kashmir
decide to accede to Pakistan, the relationship between
Pakistan and that State shall be determined in
accordance with the wishes of the people of that State.

21. INDIAN POINT OF VIEW AND RIGHT
TO SELF-DETERMINATION
 India deals the Jammu and Kashmir State under
Article 370 of the Indian Constitution
 On November 02, 1947 India’s first Prime Minister
announced on All India Radio that;
“Kashmir future will be decided by the means of
plebiscite” (Pandit Jawharlal Nehru)
 On November 21, 1947 Nehru wrote a letter to the PM
Pakistan”
“Kashmir Should be decided the accession by plebiscite
or referendum under international supports, such as
those of the United Nations”

22. KASHMIRIS AND SELF-DETERMINATION
 The purpose of the establishment of United Nations is
to develop friendly relations among nations based on
respect for the principle of equal Right of Self-
Determination of peoples, and to take other
appropriate measures to strengthen universal peace;
 International Convention also admit the right to Self-
Determination of People.
 The UN resolutions established Self-Determination as
a governing principle for the settlement of the Kashmir
dispute. This is the world body’s commitment to the
people of Kashmir;

23. KASHMIRIS AND SELF-DETERMINATION
 The resolutions endorsed a binding agreement between
Pakistan and India reached through the mediation of
UNCIP, that a plebiscite would be held under agreed
and specified conditions.
 Indian leaders also admitted this right for people of
Kashmir.
 This is the only solution for peace and stability in this
region.
 The Security Council has rejected the Indian
arguments that the people of Kashmir have exercised
their right of Self-Determination by participating in
the election which India has from time to time
organized in the occupied Kashmir.

24. KASHMIRIS AND SELF-DETERMINATION
• UN Resolution 122 of 1957 clearly states,
“the final decision of the State of Jammu and Kashmir
will be made in accordance with the will of the people
expressed through the democratic method of a free and
impartial plebiscite conducted under the United
Nations.”

25. CONCLUSION
 Kashmir conflict is no doubt an intractable conflict making
all parties to search for a formula to resolve the conflict
peacefully.
 Besides, the international law states that, all people have
right to Self-Determination and their human rights should
be protected. This shows that international law is a
guarantor of peace, human rights and democracy.
 Right of Self-Determination for the people of Kashmir is
guaranteed by UN Charter, Universal Declaration of
Human Rights (UDHR), international conventions and UN
resolution.
 We all are peace loving but peace is not possible without
justice.

26. THANKS