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Today, the conflict over Kashmir between India and Pakistan is more than seven decades old with both neighboring countries bearing heavy costs of this long unresolved issue. Fact of the matter is that wars have been detrimental for mankind being nothing less than man-made catastrophes due to which millions of people have lost their lives and economies around the world wrecked to the core.

The United Nation’s Security Council (UNSC) has the noble responsibility of maintaining international peace and security, being authorized to convene at any time, whenever there is a threat to peace. In such an event all member states are obligated under the United Nations Charter to abide by the Security Council’s pronouncements.

The UNSC has 15 members out of which five namely, China, France, the Russian Federation, the United Kingdom and the United States are permanent members whereas the remaining 10 are elected by the General Assembly for a two-year term.

The UNSC is chartered to operate in a pragmatic way where in case of threat of a conflict it first explores avenues to settle the dispute peacefully by talks, appointment of special representatives, or request the UN Secretary-General for mediation, etc.

Over the years, UNSC has gathered sufficient prowess that can resolve disputes in an amicable way and avoid military interventions. This includes imposing arms embargo, travel restrictions, putting curbs on financial systems and banks, etc. However, in some cases, where the situation warrants and UNSC permits it can also authorize military force as a last resort when all possible peaceful means have been exhausted by a coalition of member states or by a regional arrangement.

After its independence, Pakistan joined the United Nations in September, 1947 committing itself to the objective of maintaining global peace. Pakistan has made significant contributions as a member of the Security Council and has decades’ long history with UN being one of the largest contributors of troops and police in peacekeeping initiatives where over 200,000 personnel have honorably served in 46 UN Missions across almost all the continents. Similarly, Pakistan’s contribution in war against terrorism is unparalleled having offered maximum facilitation and support to the international community to fight this scourge.

The Kashmir issue has been the epicenter of Pakistan’s diplomacy, since the very first day of its existence. The United Nations Commission for India and Pakistan on 5 January, 1949 resolved that the question of accession of the State of Jammu and Kashmir (J&K) to India or Pakistan would be decided through the democratic method of a free and impartial plebiscite.

Pakistan has long been advocating resolution of Kashmir dispute on the basis of Resolutions adopted by the Security Council. This principled position lies at the heart of our foreign policy and raised at all forums, supporting the right of self-determination of the people of Jammu & Kashmir to decide their future.

On the contrary, however, India has been shying away from impartial plebiscite to be conducted under the patronage of the United Nations. Not only has India continuously violated the terms of UNSC resolution but in August 2019, it decided to do away with article 370 of its constitution. This article was introduced in the Indian Constitution in 1949 that extended a special status to the state of occupied J&K.

Under article 370, Indian government was restrained from enacting laws for the state allowing J&K to have its own constitution, its own flag and make its own decisions on all matters except defence and foreign affairs.

Abolishment of article 370 was in contravention of UN resolution being prejudicial to rights of people of J&K and Pakistan. On the part of India this was a gross violation of human rights. Pakistan has been making continuous efforts to apprise the world about the draconian laws and approach adopted by India in illegally occupied Jammu & Kashmir and reminding the United Nations of its responsibility to speak out against these violations, drawing attention to UNSCR 38, which calls upon respective parties, i.e., Pakistan and India, ‘to inform the Council immediately of any material change in the situation which occurs or appears to either of them to be about to occur while the matter is under consideration by the Council, and consult with the Council thereon’.

On India’s reluctance to follow UN resolution and on changing the status of Kashmir, UNSC’s silence poses a question mark on the credibility of this powerful institution. India has all along been blaming Pakistan for sponsoring terrorism and recently Indian minister for external affairs in New York again levelled the same allegation. However, Pakistan’s foreign minister, Bilawal Bhutto-Zardari’s response with facts has triggered a new debate.

He explained to the world that his country was a victim of terrorism where his mother was assassinated while present Prime Minister Shehbaz Sharif, the then Chief Minister of Punjab, lost his minister for internal affairs, in terrorist attacks.

Undoubtedly, Pakistan being a frontline ally suffered economic losses to the tune of over US$ 150 billion since 9/11 and death of eighty thousand civilians and law enforcement personnel. Bilawal insisted that the world must recognize our sacrifices and should cooperate with us in dealing with this issue. He also highlighted Indian Prime Minister Narendra Modi’s involvement in killing Muslims in Gujarat when he was Chief Minister and his role in the killings of innocent civilians in Kashmir.

The UNO should understand the sensitivity and the importance of the unresolved issue of Kashmir. Mere holding of meetings and passing of resolution are not serving any purpose for which there is a need to come up with some solid solutions. Global peace is subject to the peaceful resolution of J&K otherwise, just one wrong move can be detrimental for international peace efforts.

(Huzaima Bukhari & Dr. Ikramul Haq, lawyers and partners of Huzaima, Ikram & Ijaz, are Adjunct Faculty at Lahore University of Management Sciences (LUMS), members Advisory Board and Visiting Senior Fellows of Pakistan Institute of Development Economics (PIDE) and Abdul Rauf Shakoori is a corporate lawyer based in the USA and an expert in ‘White Collar Crimes and Sanctions Compliance’)

Copyright Business Recorder, 2022

Huzaima Bukhari

The writer is a lawyer and author of many books, and Adjunct Faculty at Lahore University of management Sciences (LUMS), member of Advisory Board and Visiting Senior Fellow of Pakistan Institute of Development Economics (PIDE). She can be reached at [email protected]

Dr Ikramul Haq

The writer is a lawyer and author of many books, and Adjunct Faculty at Lahore University of management Sciences (LUMS) as well as member of Advisory Board and Visiting Senior Fellow of Pakistan Institute of Development Economics (PIDE). He can be reached at [email protected]

Abdul Rauf Shakoori

The writer is a US-based corporate lawyer, and specialises in white collar crimes and sanctions compliance. He has written several books on corporate and taxation laws of Pakistan. He can be reached at [email protected]

Comments

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Dr. Malaria amadick Dec 23, 2022 08:21am
Time to stop crowing about Kashmir. Time to accept Pakistan has lost, reduce defence budget and focus on feeding the hungry Pakistanis
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Jilla Dec 23, 2022 08:23am
Peruse the UNSC resolution first Do you have any idea about Shimla agreement ? Look at the progress and development in J&K( ALWAYS BEEN INTEGRAL PART OF INDIA) We have proper signed accessions from raja Hari Singh Your govt is just fooling around.
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Hari Singh Dec 23, 2022 02:19pm
You need to read the resolution as a whole and not just one last statement. As a lawyer, you need to bring facts: Resolution adopted at the meeting of the United Nations Commission for India and Pakistan on 5 January, 1949 is based on 47 (1948) Resolution of 21 April 1948 (A plebiscite will be held when it shall be found by the Commission that the cease-fire and truce arrangements set forth in Parts I and II of the Commission's resolution of 13 August 1948, have been carried out and arrangements for the plebiscite have been completed). For that Pakistan has to vacate the occupied land and removal of all non-Kashmiris including tribalmen who invaded in 1947 onwards
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TimeToMovveOn Dec 24, 2022 12:17am
"Global peace is subject to the peaceful resolution of J&K" This is your exaggeration of the Kashmir issue. The world is fine and moving on, and you are going behind by prioritizing your entire useless foreign policy on Kashmir, with nothing to show for results. The sad part is, as Ayaz Amir said 20 years ago, Pakistan has sacrificed its identity on the altar of Kashmir. People like you continue to keep this small flame of Kashmir hope alive, and that hope is not without cost. But if you are serious about implementing UN resolution, as a lawyer, vacate GP and AJK first. We will take about step 2 and step 3 afterwards.
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Az_Iz Dec 24, 2022 05:24am
It was India that took the issue to the UN. Nehru agreed to honor the UN resolution in letter and spirit.
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Az_Iz Dec 24, 2022 05:27am
Only the Kashmiris should decide their own fate. The raja or anyone else cannot just handover their land and their lives into anyone else’s hands.
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Az_Iz Dec 24, 2022 05:30am
The Nawabs decided to go with Pakistan. But it was not acceptable to India. Same rules should apply to Kashmir. The decision by the raja has no value.
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