UNCIP Kashmir resolution 1949 still awaits implementation

A question of India honouring its commitments

The Longest lingering and unresolved Kashmir issue, which was lying in the cold storage of the United Nations for almost 55 years, was revived and activated by Pakistan in 2018 and 2019 when its democratically elected Prime Minister Imran Khan addressed the UN General Assembly sessions consecutively for two years, highlighting the burning Kashmir issue, the Palestine issue and Islamophobia. Afterwards, the Kashmir issue has been discussed by the UN Security Council more than twice in a year.

The UN and its Security Council, the international community as well as international human rights organizations, have been expressing serious concern and condemning the fascist RSS Modi regime of India in continuing suppression and atrocities on innocent, unarmed Kashmiris who have engaged in an indigenous and unarmed struggle for securing their fundamental right of self-determination.

But somehow or the other, due to various factors and interests, they do not pressurize the biggest democratic and human rights violating country India, beyond expressing concerns and condemnation.

The right to self-determination is a vital component of human dignity. Negation of this right, as continuously being resorted to India in its illegally occupied territory of Jammu and Kashmir, is gross negation of human freedom, the Universal Declaration of Human Rights and its Covenants, to say the least.

The UN Commission for India and Pakistan (UNCIP) had adopted the resolution way back on 5 January 1949, embodying the principle of the right of self-determination for the people of Indian-Occupied KashmIr. The resolution duly mentioned that the question of Indian-Occupied KashmIr would be decided through the democratic method of a free and impartial plebiscite. Both India, which had taken the Kashmir issue to the world body, had agreed to implement the resolution. But even after 72 long years, the people of Indian-Occupied KashmIr still continue to live under brutal Indian occupation as the Indian Prime Ministers from Pandit Jawahir Lal Nehru down to current Narenda Modi,a follower of the RSS founder, continue to flagrantly and shamefully dishonour their commitments while the UN Security Council finds itself helpless to get its resolutions implemented by India.

Today’s commemoration, by the Kashmiris on both sides of the Line of Control and the world over, and the people and the government of Pakistan, is quite obviously aimed at reminding the international community, which somehow is blind and sleeping over the continued brutalities and atrocities on innocent Kashmris by the occupying Indian security forces, that they cannot shy and refrain away from their responsibility towards people of Kashmir living continuously under persistent oppression and atrocities

January 5 every year is commemorated as the Right of Self-Determination Day for the oppressed people of Indian-Occupied KashmIr. As already stated, it was on this day way back in 1949 that UNCIP had adopted the resolution that guarantees a free and fair plebiscite in Indian-Occupied KashmIr under UN auspices to enable the Kashmiri people realize their basic and fundamental right to self-determination. The UN must honour its own commitments which were made long ago 72 years back.

Today’s commemoration, by the Kashmiris on both sides of the Line of Control and the world over, and the people and the government of Pakistan, is quite obviously aimed at reminding the international community, which somehow is blind and sleeping over the continued brutalities and atrocities on innocent Kashmris by the occupying Indian security forces, that they cannot shy and refrain away from their responsibility towards people of Kashmir living continuously under persistent oppression and atrocities.

Pakistan has been raising the Kashmir issue at the world body and all international forums and bilaterally with all friendly countries. UN, international community as well as the International Human Rights Organizations continuously condemn and reject the brutal Indian actions—-but somehow do nothing more than this to exert any pressure beyond that.

It is bitter well-known fact known the world over that the people of occupied Indian territory of Jammu and Kashmir are continuously being subjected by more than nine lakhs strong occupying Indian security forces who have converted the occupied territory into the largest militarized zone in the world. Occupying India security forces are employing various draconian laws like IIOJK Disturbed Area Act, Armed Forces Special Powers Act and Public Safety Act for arbitrarily arresting any individual for an indefinite period and even killing them without any legal procedure whatsoever.

In order to continue maintain its illegal control, India has persistently continued its repressive regime in IIOJK through various mechanizations and brutal state terrorism.

Since August 5,2019 following India’s illegal merging IIOJK in the Indian Union and placing its entire over eight million population under detention and military lockdown and siege ,through continuous and unilateral steps, the fascist Indian regime of Narenda Modi has created an environment of fear and chaos in its occupied Territory.

More than 500 days of continued lockdown and absence of fundamental freedom whatsoever continue to challenge conscious of the international community and India’s credentials of being a respectable member of the United Nations and the world community at large.

Current situation in IIOJK is more than worst in recent history as the people there are being continuously denied and deprived of their fundamental rights including the right to life, freedom of expression and assembly.

Pakistan government and the people have all along been and will continue to support in indigenous struggle of the Kashmiris for securing their right of self-determination in accordance with the UN Security Council Resolutions.

Pakistan has been and will continue in a determined and committed manner to extend all political, moral and diplomatic to the just cause of people of IOJK till they realize the right of self-determination in accordance with UN Security Council resolutions.

The Kashmiris determination for continuing their unarmed and just indigenous struggle against all brutalities, atrocities, suffering and killings of Kashmiri men, women, young girls and boys and children is bound to wake up the long sleeping conscious of the international community and secure their long denied right of self-determination sooner or later, Inshallah.

After all, there is a limit to such brutalities, atrocities, state terrorism which the occupying Indian security forces are committing in furtherance of the RSS agenda of fascist Indian PM Modi and continuing genocide of Kashmiris to turn their absolute majority into majority by inducting Hindus there through illegal immigration whatsoever.

Muhammad Zahid Rifat
The writer is Lahore-based Freelance Journalist, Columnist and retired Deputy Controller (News) , Radio Pakistan, Islamabad and can be reached at zahidriffat@gmail.com

3 COMMENTS

  1. Few quotes from Kashmir Resolution of 29th July, 1949 referred in this article:
    PART A:
    a) Para A 2, UNCIP in its letter categorically stated that “accord is for Military purposes; political issues will not be considered”:
    b) Para A 3, UNCIP in the same letter further clarified that “The cease-fire line is a complement of the suspension of hostilities, which falls within the provisions of Part I of the Resolution of 13 August 1948”, the questions of Part II of the same resolutions to be considered separately;
    c) Para A 4, UNCIP’s invitation at Karachi is accepted by GoI only on this understanding.
    PART B: Is defining the ‘Ceasefire Line’ in detail.
    THAT’s IT! This is the entire text of this document signed by India & Pakistan.

    The “Ceasefire Line” after Simla Agreement is replaced with “Line of Control (LoC)”. During 1971 war, Indian army crossed ceasefire line and occupied four villages namely Chalunka, Turtuk, Tykshi and Thang in Shyok valley and Ghanche district of Baltistan, while there was no opposition. India did not return this territory to Pakistan under “Simla Agreement”. Being Indian territories, these areas are librated Indian Land under 1971 war imposed on India. This was the precise reason of renaming “Cease Fire Line” as “Line of Control”. For India the “Ceasefire Line” is NO MORE in existence and the pending issues are only about libration of PHK & GB by peaceful BILATERAL Negotiations. This also makes “Ceasefire Line” issue absolutely infractuous under International Law. PERIOD.

    Muhammad Zahid Rifat Sahib, Again and again raising such issues by writers of Pakistan is inconsequential for India and world. This is being done by you only trying to fool Pakistan’s citizenry and young ones. Further, Pakistan’s raising issues of Human Rights internationally, if there is any (India denies), are inconsequential especially when Pakistan’s own record of Human Rights is pathetic. Few quotes from referred Kashmir Resolution of 29th July, 1949:
    PART A:
    a) Para A 2, UNCIP in its letter categorically stated that “accord is for Military purposes; political issues will not be considered”:
    b) Para A 3, UNCIP in the same letter further clarified that “The cease-fire line is a complement of the suspension of hostilities, which falls within the provisions of Part I of the Resolution of 13 August 1948”, the questions of Part II of the same resolutions to be considered separately;
    c) Para A 4, UNCIP’s invitation at Karachi is accepted by GoI only on this understanding.
    PART B: Is defining the ‘Ceasefire Line’ in detail.
    THAT’s IT! This is the entire text of this document signed by India & Pakistan.

    The “Ceasefire Line” after Simla Agreement is replaced with “Line of Control (LoC)”. During 1971 war, Indian army crossed ceasefire line and occupied four villages namely Chalunka, Turtuk, Tykshi and Thang in Shyok valley and Ghanche district of Baltistan, while there was no opposition. India did not return this territory to Pakistan under “Simla Agreement”. Being Indian territories, these areas are librated Indian Land under 1971 war imposed on India. This was the precise reason of renaming “Cease Fire Line” as “Line of Control”. For India the “Ceasefire Line” is NO MORE in existence and the pending issues are only about libration of PHK & GB by peaceful BILATERAL Negotiations. This also makes “Ceasefire Line” issue absolutely infractuous under International Law. PERIOD.

    Muhammad Zahid Rifat Sahib, Again and again raising such issues by writers of Pakistan is inconsequential for India and world. This is being done by you people, only trying to fool Pakistan’s citizenry and young ones. 😀 Further, Pakistan’s raising issues of Human Rights internationally, if there is any (India denies), are inconsequential especially when Pakistan’s own record of Human Rights is pathetic. 😜😜

  2. Few quotes from referred Kashmir Resolution of 29th July, 1949:
    PART A:
    a) Para A 2, UNCIP in its letter categorically stated that “accord is for Military purposes; political issues will not be considered”:
    b) Para A 3, UNCIP in the same letter further clarified that “The cease-fire line is a complement of the suspension of hostilities, which falls within the provisions of Part I of the Resolution of 13 August 1948”, the questions of Part II of the same resolutions to be considered separately;
    c) Para A 4, UNCIP’s invitation at Karachi is accepted by GoI only on this understanding.
    PART B: Is defining the ‘Ceasefire Line’ in detail.
    THAT’s IT! This is the entire text of this document signed by India & Pakistan.

    The “Ceasefire Line” after Simla Agreement is replaced with “Line of Control (LoC)”. During 1971 war, Indian army crossed ceasefire line and occupied four villages namely Chalunka, Turtuk, Tykshi and Thang in Shyok valley and Ghanche district of Baltistan, while there was no opposition. India did not return this territory to Pakistan under “Simla Agreement”. Being Indian territories, these areas are librated Indian Land under 1971 war imposed on India. This was the precise reason of renaming “Cease Fire Line” as “Line of Control”. For India the “Ceasefire Line” is NO MORE in existence and the pending issues are only about libration of PHK & GB by peaceful BILATERAL Negotiations. This also makes “Ceasefire Line” issue absolutely infractuous under International Law. PERIOD.

    Muhammad Zahid Rifat Sahib, Again and again raising such issues by writers of Pakistan is inconsequential for India and world. This is being done by you people, only trying to fool Pakistan’s citizenry and young ones. 😀 Further, Pakistan’s raising issues of Human Rights internationally, if there is any (India denies), are inconsequential especially when Pakistan’s own record of Human Rights is pathetic. 😜😜

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