UNCIP Kashmir Resolution 5 January 1949: A Longstanding Struggle for Self-Determination

In the backdrop of the United Nations Charter’s inception on October 24, 1945, the right to self-determination emerged as a cornerstone, enshrined in Article 1(2). This principle, fostering friendly relations and equal rights among nations, resonates as a vital element of human dignity, as reflected in the Universal Declaration of Human Rights and its Covenants.

The United Nations Commission for India and Pakistan (UNCIP) played a pivotal role on January 5, 1949, adopting a resolution that underscored the right to self-determination for the people of the Indian Illegally Occupied Jammu and Kashmir (IIOJK). The resolution emphasized that the question of IIOJK’s accession would be resolved through a democratic plebiscite, a commitment yet to be realized after 75 years, leaving the region under what is deemed as brutal Indian occupation.

Designated as the “Right to Self-Determination Day,” January 5 serves as an annual reminder of the UNCIP resolution. It emphasizes the unresolved status of IIOJK and urges the global community to acknowledge and address its responsibilities. The call is for the United Nations to honor the commitments made over seven decades ago, emphasizing the need for a free and impartial plebiscite to empower the Kashmiri people in determining their destiny.

The situation in IIOJK is dire, with the region transformed into the world’s largest militarized zone. Indian occupation forces employ draconian laws, such as the IIOJK Disturbed Areas Act, Armed Forces Special Powers Act, and Public Safety Act, leading to arbitrary arrests, indefinite detentions, and extrajudicial killings. Fundamental rights, including the right to life, food, health, freedom of expression, and assembly, have been systematically denied to the people.

Since August 5, 2019, India’s government, through unilateral actions, has created an environment of fear and chaos in IIOJK. Lockdowns and restrictions on fundamental freedoms have raised concerns within the international community, challenging India’s standing as a responsible member of the United Nations and the global community.

International condemnation has been widespread, with India’s actions rejected by various global bodies and human rights organizations. The illegal actions of August 5, 2019, coupled with recent decisions by the Supreme Court of India, indicate a defiance of UN and international laws in an attempt to colonize the UN-declared disputed territory.

Amidst this challenging scenario, Pakistan asserts its commitment to supporting the just cause of the people of IIOJK. The recent adoption of a Pakistan-sponsored resolution by the United Nations General Assembly (UNGA) on the “Universal Realization of the Right of the People to Self-Determination” with substantial international support underscores the global community’s recognition of the longstanding struggle.

To conclude, the United Nations bears a moral and legal responsibility to ensure the promises made to the Kashmiri people are fulfilled. The aspiration for self-determination remains an inalienable right, encapsulating human dignity and freedom under the UN Charter. The world is urged to stand united in advocating for the realization of the right to self-determination for the people of IIOJK, bringing an end to their protracted struggle.