Matrix Report
The Jammu and Kashmir Council for Human Rights (JKCHR) has penned a letter to Pakistani PM Imran Khan, expressing concerns over the developing situation in Indian-occupied Kashmir. Dr. Syed Nazir Gilani, President-JKCHR, in this letter, urges that Pakistani government to revive the Government of Pakistan’s proposal, made on 16 January 1957, asking the UN Security council to send a UN Force into Kashmir. He further urges the government to raise the issue at the UN on an urgent basis. The letter finally appeals to the PM that Pakistan needs to rush to the assistance of the people of Jammu and Kashmir under the Stand Still Agreement of 15 August 1947 and responsibilities assumed under UNCIP Resolutions in Azad Kashmir under the Constitution Act 1974.
The letter, in full, can be found below:
JKCHR – Jammu and Kashmir Council for Human Rights NGO in Special Consultative Status with the ECOSOC of the United Nations Established in 1984
Everyone has the right to life, liberty and security of person Universal Declaration of Human Rights
6 August 2019
Hon’ble Mr. Imran Ahmad Khan
Prime Minister
Islamic Republic of Pakistan
Islamabad
Hon’ble Prime Minister
Subject: Situation in Indian Administered Kashmir
The Constitution (Application to Jammu and Kashmir) Order 2019 made by the President of India on 5 August 2019 declaring Ladakh and Jammu and Kashmir as two separate Union Territories, are a violation of UN Security Council Resolution of 30 January 1951. It is also a violation of the terms of agreement made on 27 October 1947 between Governor General of India and Maharaja of Kashmir, stating, that “as soon as law and order have been restored in Kashmir and her soil cleared of the invader the question of the State’s accession should be settled by a reference to the people”.
Later on 15 January 1948, India surrendered this provisional accession at the UN Security Council for a UN supervised vote of the people of Jammu and Kashmir. The character of accession has changed since 15 January 1948. It is elucidated in para 46 of the minutes of 773rd Meeting of UN SC held on 20 February 1957.
The representative of Philippines while supporting the proposal made by Pakistan that, “The functions of protecting the State and ensuring internal security should be entrusted by the Council to a United Nations Force which should be introduced into the area at once” has stated that “I must emphasize that the sovereignty of India or of Pakistan is not involved in the proposal to send a United Nations force into the State of Jammu and Kashmir for a temporary and limited purpose…… Under the circumstances and pending the holding of a plebiscite, neither India nor Pakistan can claim sovereignty over the State of Jammu and Kashmir.”
The President’s order of 5 August 2019 is said to supersede the Constitution (Application To Jammu and Kashmir) Order 1954 as amended from time to time. The aim is to change the 92 year old State Subject Laws to disturb the demography of the State.
The Order is at war with and in violation of UN Security Council Resolutions and other bilateral agreements made between Delhi and the Kashmir Government and between Government of India and Government of Pakistan. It needs to be emphasised that the jurisprudence of Article 103 of the UN Charter prevails, over and above all other agreements.
Before issuing the President’s Order, the people of Jammu and Kashmir were placed under a curfew and all communications, local and international were suspended. Curfew continues and so do the other disabilities imposed by Government of India.
Government of Pakistan is a party to the Kashmir dispute and has assumed responsibilities under UNCIP Resolutions in Azad Kashmir. Pakistan has entered into a Stand Still Agreement with the Government of Kashmir on 15 August 1947. This Agreement pre-dates the Indian Agreement of 27 October 1947. We there submit as follows:
1. The Notification of 5 August 2019, has severed all vestiges of any relationship of Kashmir with India. The State has reverted back to its independence which it had from August 14 to October 26, 1947.
2. The Indian Army, hitherto, subjected to two sets of restraints, 4 bilateral and 3 under UN SC Resolution of 21 April 1948, became an occupation of an unwilling people.
3. The matter needs to be raised at the UN in a post haste and in the interim measures need to be taken under the terms of Stand Still Agreement of 15 August 1948 made with the Jammu and Kashmir Government. Government of Pakistan has assumed responsibilities under UNCIP Resolutions in Azad Kashmir Constitution Act 1974.
4. We welcome the fact that you have formed a seven-member committee to recommend legal, political, and diplomatic responses to developments in the Indian occupied Kashmir. The Committee needs to be fully inclusive and the present formation does not reflect the Kashmiri representation.
5. These formations could not be credible and assuring unless we change the culture and have a full Kashmiri representation.
6. We have to avoid the errors made in the past when we did not address Kashmir for 31 years from 5 November 1965 to 25 September 1996 at the UN Security Council. The consequences of that misdirected judgement continue to remain with us.
7. Jammu and Kashmir has reverted back to its independence of 15 August 1947, when it entered into a Stand Still Agreement with the Government of Pakistan.
JKCHR would respectfully urge you to very kindly revive the Government of Pakistan’s proposal made at the 761st Meeting of UN Security Council on 16 January 1957, asking the UN SC to send a UN Force into Kashmir. In the interim we would like to appeal the Government of Pakistan to rush to the assistance of the people of Jammu and Kashmir under the Stand Still Agreement of 15 August 1947 and responsibilities assumed under UNCIP Resolutions in Azad Kashmir under the Constitution Act 1974.
Prime Minister, JKCHR is willing to offer its specialised services on the jurisprudence of Kashmir Case, that is, “rights and dignity’ and ‘security and self-determination’ of the people of Kashmir. We would be pleased to assist the seven member committee constituted “to recommend legal, political, and diplomatic responses to developments in the Indian occupied Kashmir.”
There are 2.5million Kashmiri refugees (five generations) living in Pakistan. They are represented through 12 Assembly seats in Azad Kashmir and any formation should reflect their presence.
Yours Sincerely ,
