Jammu & Kashmir Dispute

The longest pending disputes on the agenda of

The United Nations Security Council

The Jammu and Kashmir conflict remains one of the most enduring disputes on the United Nations Security Council’s (UNSC) agenda. Numerous UNSC resolutions affirm the Kashmiris’ right to self-determination and outline the process for resolving the Jammu and Kashmir issue. These resolutions clearly assert that the final status of Jammu and Kashmir should be determined by the will of the people, expressed through a free and impartial plebiscite supervised by the United Nations. Since forcibly annexing Jammu and Kashmir on 27 October 1947, India has taken various measures to solidify its control over the region. A significant development occurred on 5 August 2019, when India revoked the special status of the Indian Illegally Occupied Jammu and Kashmir (IIOJK) and divided it into two ‘Union Territories,’ thereby altering its internationally recognized disputed status and undermining the Kashmiri people’s right to self-determination. Since then, India has embarked on a process to reshape the demographic composition and political landscape of IIOJK, with the ultimate goal of reducing the Kashmiri people to a marginalized minority in their own homeland.

India’s unlawful and unilateral actions on 5 August 2019 flagrantly violated United Nations Security Council Resolutions and international law, including the 4th Geneva Convention, as well as India’s own commitments to uphold the UNSC Resolutions. Despite the solemn promises made by the Government of India to the people of Jammu & Kashmir, the Security Council, and Pakistan to adhere to and implement the relevant Security Council resolutions, India has consistently backtracked on these commitments at every opportunity. However, India’s attempts to evade its obligations cannot alter the facts of history and law. Historical evidence repeatedly demonstrates that the Jammu & Kashmir dispute poses a significant threat to regional peace and security, with far-reaching consequences beyond its borders.

Historical evidence repeatedly demonstrates that the Jammu & Kashmir dispute poses a significant threat to regional peace and security, with far-reaching consequences beyond its borders.In this context, the 2003 Ceasefire Understanding, reaffirmed in February 2021, serves as a key example of Pakistan’s commitment to maintaining peace along the Line of Control (LOC), safeguarding Kashmiri lives, and alleviating the suffering of those living on both sides of the LOC. The human rights situation in Indian Illegally Occupied Jammu and Kashmir (IIOJK) has deteriorated sharply since India’s illegal and unilateral actions of 5 August 2019, which were aimed at consolidating its occupation, altering the demographic structure of the disputed territory, and reducing Kashmiris to a minority in their own homeland.

Guidelines for Resolving the Jammu & Kashmir Dispute

UN Resolutions on Kashmir

The UN Resolutions on Kashmir lay the foundational framework for resolving the longstanding Jammu & Kashmir conflict. These resolutions affirm the right of the Kashmiri people to self-determination, advocating for a democratic process to determine their future through a free and impartial plebiscite under the supervision of the United Nations. Despite decades of contention, these resolutions remain central to the international community’s efforts to secure peace and stability in the region.

1948 Resolutions 38 39 47 51

1950 Resolution 80

1951 Resolution 91

1951 Resolution 96

1952 Resolution 98

1957 Resolution 122-1

1957 Resolution 123

1957 Resolution 126

Proposal In Respect of Jammu and Kashmir Made by General McNaughton on 22 December, 1949

Resolution Adopted at the Meeting of the United Nations Commission for India and Pakistan on 5 January 1949

Resolution Adopted by the United Nations Commission for India and Pakistan on 13 August 1948

Statement of the President of the Security Council on 18th May 1964

UNHCHR Reports on Kashmir

The UN High Commissioner for Human Rights issued two comprehensive reports in 2018 and 2019, which meticulously document India’s widespread, systemic, and egregious human rights violations in Indian Occupied Jammu & Kashmir (IOJK). These reports accuse India of various abuses, including the excessive use of force such as pellet gunshots, extrajudicial killings under the guise of so-called cordon and search operations, arbitrary arrests and detentions, and the torture of Kashmiri civilians, journalists, and political and human rights activists. The reports also highlight the ongoing climate of impunity that the Indian occupation forces enjoy under the repressive Armed Forces Special Powers Act (AFSPA) and Public Safety Act (PSA). Pakistan has welcomed these UN reports on Kashmir and has strongly supported their key recommendations, which emphasize the need to fully respect the right to self-determination of the people of Jammu & Kashmir and the establishment of a Commission of Inquiry (COI) to investigate the severe and systematic human rights abuses in IOJK.

Developments In Kashmir June 2016 To April 2018

Proposal In Respect of Jammu and Kashmir Made by General McNaughton on 22 December, 1949

Collective Muslim Voice for Justice in Kashmir

OIC Resolutions on Indian Occupied Kashmir

The Organization of Islamic Cooperation (OIC) remains steadfast in its support for the legitimate and just struggle of the people of Indian Occupied Jammu & Kashmir (IOJ&K) to exercise their inalienable right to self-determination. The OIC consistently advocates for the protection and promotion of all fundamental human rights and freedoms of the Kashmiri people in the face of India’s state-sponsored terrorism. As a strong proponent of a swift and peaceful resolution to the conflict, the Organization upholds the principles of the UN Charter, relevant UNSC and OIC resolutions, and international law. The OIC has consistently adopted Resolutions on the Jammu & Kashmir Dispute at its Summit and Ministerial meetings.

During the 47th session of the Council of Foreign Ministers, held in Niamey on 27-28 November 2020, the OIC passed a comprehensive Resolution (no. 10/47-POL) on Kashmir. This resolution reaffirmed the OIC’s principled stance on the dispute and unequivocally rejected India’s illegal and unilateral actions since 5 August 2019, which aim to alter the demographic structure of the occupied territory in violation of the UN Charter, relevant UNSC resolutions, international law, and the 4th Geneva Convention.