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Kashmir Solidarity Day: A beacon for the right to self-determination

Itshal Tahir

 

Each year, on February 5, Pakistan observes Kashmir Solidarity Day as a profound reminder of its unwavering commitment to the people of Indian illegally occupied Jammu and Kashmir (IIOJK) in their quest for self-determination. This occasion transcends national boundaries, resonating with principles enshrined in international law, particularly the United Nations Charter and various UN Security Council Resolutions, which affirm the inalienable right of peoples to determine their own political destiny. This day is not merely symbolic; it embodies Pakistan’s strategic and moral resolve to support the Kashmiri struggle against India’s illegal occupation and systematic violations of human rights in IIOJK.

The principle of self-determination, codified in Articles 1 and 55 of the UN Charter, is central to resolving the Kashmir dispute. UNSCR 38 (1948) and UNSCR 122 (1957) explicitly call for a plebiscite under the auspices of the United Nations to allow the people of Jammu and Kashmir to determine their future. Yet, decades have passed without the implementation of these resolutions, leaving the Kashmiri people in a state of protracted liminality. Pakistan argues that India’s actions, including the revocation of Articles 370 and 35A of its Constitution in August 2019, constitute a violation of international commitments, fundamentally altering the territory’s status and exacerbating the conflict.

The abrogation of these constitutional provisions, which had granted Jammu and Kashmir limited autonomy, is seen by Pakistan as a breach of not only Security Council resolutions but also the Simla Agreement (1972), which underlines bilateralism as the framework for conflict resolution. By unilaterally altering the status of IIOJK, India has undermined the principles of bilateralism and multilateralism that underpin international conflict resolution efforts.

The situation in IIOJK remains a glaring example of state-sponsored repression. Reports by organizations like Amnesty International and the Office of the UN High Commissioner for Human Rights (OHCHR) detail widespread human rights abuses, including arbitrary arrests, enforced disappearances, extrajudicial killings and the use of sexual violence as a weapon of war by India. The Armed Forces Special Powers Act (AFSPA) has granted Indian occupation forces impunity, promoting a culture of systemic oppression.

Pakistan has consistently called for independent investigations into these violations, advocating for the deployment of a UN Special Rapporteur to assess the human rights situation in IIOJK. Such actions, Pakistan argues, would uphold international humanitarian law, including the Fourth Geneva Convention, which prohibits the transfer of populations into occupied territories, a concern heightened by India’s demographic engineering in Kashmir.

Since August 2019, Pakistan has raised alarms about India’s attempts to alter the demographic composition of IIOJK. The issuance of domicile certificates to non-Kashmiri citizens, particularly Hindus, is seen as an effort to dilute the Muslim-majority character of the region. Pakistan asserts that these measures violate the Fourth Geneva Convention and constitute an illegal occupation strategy aimed at preempting the outcome of any future plebiscite.

This demographic re-engineering not only undermines the self-determination principle but also destabilizes the region’s delicate socio-political fabric. By internationalizing this issue, Pakistan seeks to rally global condemnation of what it views as India’s neo-colonial tactics to consolidate political control over IIOJK.

Pakistan has tirelessly advocated for Kashmir’s cause across various multilateral forums, including the United Nations General Assembly (UNGA), the Human Rights Council (HRC) and the Organization of Islamic Cooperation (OIC). These efforts underscore Pakistan’s commitment to multilateralism and its belief in the rules-based international order. The OIC Contact Group on Jammu and Kashmir has been instrumental in intensifying the plight of the Kashmiri people, issuing strong statements condemning India’s actions and calling for the restoration of Kashmir’s special status. Pakistan has strategically engaged its close allies, such as China, which shares its concerns about regional stability and the implications of unresolved territorial disputes. Through such partnerships, Pakistan underscores the potential for regional spillover effects, particularly in a nuclearized South Asia, should the Kashmir conflict remain unresolved.

The unresolved Kashmir dispute remains a flashpoint in South Asia, perpetuating a security dilemma between two nuclear-armed neighbors. Pakistan has consistently highlighted the conflict’s potential to escalate into a broader confrontation, arguing that India’s militarization of IIOJK and refusal to engage in meaningful dialogue increase the risk of regional instability. By linking the Kashmir dispute to global security concerns, Pakistan aims to garner the attention of major powers and push for international mediation. Pakistan has also emphasized the role of the Kashmiri diaspora advocating for their homeland’s right to self-determination. Diaspora communities across Europe, North America and the Middle East serve as critical conduits for raising awareness about the human rights crisis in IIOJK. Pakistan supports these efforts by facilitating international conferences, media campaigns and lobbying initiatives.

Simultaneously, civil society organizations and human rights defenders within Pakistan have amplified the voices of Kashmiri leaders and activists who have been silenced by India’s draconian laws. Pakistan’s holistic approach to the Kashmir dispute integrates grassroots advocacy with state-led diplomacy, creating a robust framework for sustained international pressure.

Kashmir Solidarity Day is more than an expression of empathy; it is a manifestation of Pakistan’s moral, political and diplomatic commitment to the Kashmiri cause. By observing this day, Pakistan reaffirms its support for a just and peaceful resolution to the Kashmir conflict, rooted in international law and the principles of justice and human dignity. It sends a clear message to the global community: the struggle for Kashmir is not merely a bilateral issue but a question of fundamental human rights and international justice.

As the world navigates an era of heightened interdependence and shared challenges, Pakistan calls on the international community to prioritize the resolution of the Kashmir dispute. Only by upholding the Kashmiri people’s right to self-determination can the international community fulfill its obligations and contribute to lasting peace and stability in South Asia. On this solemn day, Pakistan stands united with its Kashmiri brethren, resolute in its pursuit of justice and self-determination for the people of Jammu and Kashmir.

The writer is the student of international relations at National University of Modern Languages and currently serving as intern at Kashmir Institute of International Relations

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