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Tuesday, November 5, 2024 13:58
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Tariq Aqil

The author serves as an English Language and World History teacher and holds the position of Head of the English Department at Headstart School. Additionally, they work as a teacher and trainer for GRE and SAT at the United States Educational Foundation in Islamabad. E-mail: [email protected]

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Hilal English

Global Advocacy for the Freedom Movement in Kashmir

October 2024

Global advocacy for Kashmir emphasizes the need for a peaceful resolution and recognition of the Kashmiri people's right to self-determination in accordance with international law and relevant resolutions.



Kashmir remains a lingering wound and an unresolved issue from the partition of British India in 1947. This disputed territory, known for its breathtaking landscapes—lush green valleys, flowing streams, waterfalls, and some of the world's most stunning scenic vistas—holds immense geopolitical significance. It is strategically located, bordered by Pakistan to the west, China to the east, with the Indian states of Himachal Pradesh and Punjab to the south, and Afghanistan at its northern fringes.
Renowned for its natural beauty and rich resources, the region was divided in 1948 following the partition of the Indian subcontinent. Currently, the northern and western parts are under Pakistan’s control, while the southern and eastern parts are occupied by India. Over the years, India and Pakistan have fought major wars over Kashmir and numerous skirmishes along the Line of Control.
At the time of partition, there were over 550 princely states in Indian subcontinent under British rule. According to the Independence Act of 1947, they were required to join one of the two countries based on their geographical location and the wishes of their people. Kashmir had a unique position, with a majority of the population being Muslim, under the rule of Hindu Maharaja Hari Singh. Clashes broke out in September 1947, and the Hindu Maharaja decided to sign the instrument of accession and join the union of India. The Maharaja requested that the Indian armed forces intervene, and they obliged by sending a massive influx of armed soldiers. On January 1, 1948, Jawaharlal Nehru took the Kashmir Issue to the United Nations Security Council (UNSC). The United Nations Commission for India and Pakistan (UNCIP) was set up and the UNSC passed resolution 47 on April 21, 1948. The UNSC made a sincere and serious effort to resolve the Kashmir dispute by declaring that the accession of Jammu and Kashmir should be decided democratically through a free and fair plebiscite under the UN. However, India rejected any mediation that contradicted its claim over the entire region of Jammu and Kashmir. 
The failure of diplomacy to resolve the Kashmir issue has drawn both international and regional attention. Efforts were made to address the issue following the wars of 1948, 1962, and 1965. The UN became actively involved in 1948, but India remained inflexible. After the 1962 India-China border war, intense yet unsuccessful efforts were made by the United States and the United Kingdom to bridge the gap between India and Pakistan. By the end of the 1965 war, the Union of Soviet Socialist Republics (USSR) had established itself as a regional peacemaker. The Soviets successfully brokered a peace treaty in Tashkent, but this did not lead to lasting regional peace. Indian involvement in the internal affairs of East Pakistan soon resulted in the creation of Bangladesh in 1971. Historically, the ineffectiveness of the great powers in influencing a resolution of the Kashmir issue has been a recurring theme.


Kashmir had a unique position, with a majority of the population being Muslim, under the rule of Hindu Maharaja Hari Singh. Clashes broke out in September 1947, and the Hindu Maharaja decided to sign the instrument of accession and join the union of India. 


Both the United States and the Soviet Union played important roles in South Asia, attempting to mediate and peacefully resolve regional disputes, including Kashmir. While their efforts did not lead to a permanent solution, their involvement reflected the broader international concern over the region’s stability. China's stance on Kashmir has evolved over time. From 1949 to the early 1960s, China maintained a neutral position, advocating for a peaceful resolution to the conflict without external interference, including from the UN and the U.S. However, following the Sino-Indian border war in 1962, relations between China and India deteriorated, leading to strengthened ties between China and Pakistan. During this period, China supported Pakistan’s stance on Kashmir, including the right to self-determination for the people of the region.
In the 1970s, China’s policy on Kashmir became more neutral as its relations with India improved. Despite this, China has maintained its support for Pakistan on key regional issues while continuing to call for a peaceful resolution of the Kashmir dispute.
The Jammu and Kashmir dispute is the longest pending issue on the agenda of the UNSC. Many UNSC resolutions have affirmed the right of the Kashmiri people to self-determination and outlined how this complex issue should be settled. They categorically state that the final disposition 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 auspices of the UN. Since October 27, 1947, India has taken various steps to strengthen its control over Jammu and Kashmir, following its forcible takeover of the erstwhile princely state. However, in a major development, on August 5, 2019, India scrapped the special status of the Indian Illegally Occupied Jammu and Kashmir (IIOJK) and bifurcated it into two ‘Union Territories’ to alter its internationally-recognized disputed status and undermine the right to self-determination of the Kashmiri people. India has since started a process to change the demographic structure and political landscape of IIOJK. The ultimate aim is to transform the Kashmiri people into a disempowered minority in their own land. 
Apart from the UN, many world bodies, such as the Organization of Islamic Cooperation (OIC), the Gulf Cooperation Council (GCC), and others, have supported the just cause of the people of Kashmir. India has consistently failed to acknowledge that the Kashmir dispute is not merely a territorial issue but involves millions of people on both sides of the border. The OIC fully supports the legitimate and just struggle of the people of the IIOJK for their inalienable right to self-determination and continues to call for protection and promotion of all basic human rights and freedom of the Kashmiri people against India’s state terrorism. The OIC is a staunch advocate of the expeditious and peaceful settlement of the dispute in accordance with the UN Charter, relevant UNSC and OIC resolutions, and international law. The OIC regularly adopts resolutions on the Jammu and Kashmir dispute at its summit and ministerial meetings held regularly. Indonesia, the largest Muslim-majority country in the world, has always stood by the Kashmiri people and supported their right of self-determination at various international forums. The European Union (EU) as a matter of policy, encourages dialogue and a peaceful resolution of the problem without explicitly siding with any country. Saudi Arabia has traditionally and historically supported Pakistan but is keen to maintain good relations with India as well due to economic interests. Singapore, Switzerland, Sweden, Norway, Ireland, New Zealand, and Austria have refrained from siding with any country but have all stressed the need for dialogue and a peaceful resolution of the conflict. Malaysia, under Mahathir Mohammad, was a staunch advocate of the rights of the Kashmiri people and has always supported Pakistan’s stance on the Kashmir dispute. On an official level, Turkey and Azerbaijan are two other countries who have always supported Pakistan on the issue of Kashmir. Iran, too, has always rejected India’s claim on Kashmir. The 47th session of the Council of Foreign Ministers of the OIC, held in Niamey from November 27-28, 2020, also adopted a comprehensive resolution (no. 10/47-POL) on Kashmir. This resolution reaffirmed OIC’s principled position on the dispute and firmly rejected India’s illegal and unilateral actions taken since August 5, 2019, to alter the demographic structure of the occupied territory, in contravention of the UN Charter, relevant UNSC resolutions, and international law, particularly the 4th Geneva Convention.
Who owns Kashmir? The Kashmiris do, on both sides of the border. It is as simple as that. The Kashmiris may not be a monolith with a single set of beliefs, but they are Kashmiris. India should show some flexibility and accept the rights of the Kashmiri people to self-determination through a fair and free plebiscite under the supervision of the UN. Nehru tried very hard to integrate Kashmir into his envisioned India by granting it special status. However, if years of special status during India's most secular government could not prevent the Kashmiri tinderbox from igniting into an inferno, can one truly believe that, after tens of thousands of deaths and with Indian secularism giving way to Hindu nationalism, the situation will improve? For the benefit of the Kashmiri people and all the people of the subcontinent, we can only hope that Indian leadership will now recognize the immediate necessity for a peaceful resolution of the Jammu and Kashmir dispute. 


The writer serves as an English Language and World History teacher and holds the position of Head of the English Department at Headstart School. Additionally, he works as a teacher and trainer for the GRE and SAT at the United States Educational Foundation in Islamabad.
E-mail: [email protected]
 

Tariq Aqil

The author serves as an English Language and World History teacher and holds the position of Head of the English Department at Headstart School. Additionally, they work as a teacher and trainer for GRE and SAT at the United States Educational Foundation in Islamabad. E-mail: [email protected]

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