About 5 hours and 37 minutes later than I had intended.
It is the sleeping routine that I need to address first and foremost. I couldn't get to sleep till 0400hrs and got up at 1000hrs. It is not the quantum of sleep that is troubling me but the timing of it. Let's see how it is addressed in the following days & weeks.
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We hope that those of our co-citizens and southerly neighbours who have some how contrived from UNCIP Resolution II (5 January 1949) that self-determination can be restricted, may take the time to read the following post and get themselves duly educated:
Hello Kashmiris
Self-Determination Day
The argument about which date — April 21, 1948 (UN Security Council Resolution 47) or January 5, 1949 (UNCIP Resolution) — could be more suitably treated as Self-Determination Day for Kashmir is interesting. The following explanation remains in the field for those who follow the UN template on Kashmir:
Key Principles:
1. Article 1(2) of the UN Charter – Equality of Peoples and Self-Determination: Article 1(2) of the UN Charter states that the purpose of the United Nations is to promote international cooperation and to develop friendly relations among nations, based on the principle of equal rights and self-determination of peoples. This means that all peoples, regardless of their political status, have the right to freely choose their political status without coercion. For Kashmir, this principle of equality of peoples and the right to self-determination is central in any UN-backed solution.
2. U.S. Statement (1948) on the Kashmir Dispute: In 1948, the United States expressed a clear stance regarding the resolution of the Kashmir issue: if India and Pakistan were to reach a resolution, it should be consistent with the UN Charter and the right of the Kashmiri people to self-determination. The U.S. emphasized that any agreement between the two countries should not violate the rights of the Kashmiri people to choose their own future through a free and fair plebiscite. If India and Pakistan could not agree on a resolution, then the UN's plan — which included a plebiscite — should prevail. This reinforces the international community's endorsement of the right of self-determination for the Kashmiri people, suggesting that the UN framework remained the default solution.
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Analysis of the Two Resolutions:
1. UN Security Council Resolution 47 of April 21, 1948:
o Historical Context: Resolution 47 was the first significant UN Security Council resolution addressing the Kashmir dispute. It came after India brought the matter to the UN in the wake of the 1947-48 war with Pakistan. The resolution called for a ceasefire, the withdrawal of Pakistani forces, and most importantly, it called for the establishment of a free and fair plebiscite to allow the Kashmiri people to decide their political future.
o Self-Determination Under the UN Charter: Resolution 47 directly tied the Kashmir issue to the right of self-determination, as stated in Article 1(2) of the UN Charter, which guarantees that all peoples have the right to determine their political status and pursue their economic, social, and cultural development. The resolution suggested that the people of Jammu and Kashmir should be able to freely decide whether they wished to join India, Pakistan, or remain independent — a decision that reflects the principle of equality of peoples and self-determination.
o Political Significance: The Resolution of April 21, 1948, was a pivotal moment for Kashmiri political groups, especially those advocating for self-determination, as it was the UN's first formal acknowledgment of the Kashmiri people's right to decide their future. This resolution set the stage for the plebiscite process, which would give the people of Kashmir the power to determine their political destiny in a manner consistent with the UN Charter's provisions for self-determination.
o Self-Determination Day Argument: For those advocating for self-determination, Resolution 47 (April 21, 1948) could be the most appropriate "Self-Determination Day" because it was the moment when the UN explicitly connected the Kashmir issue to the international principle of self-determination. This was the first official statement that endorsed the right of the Kashmiri people to choose their political future, making it a key date for those seeking to preserve and uphold this principle.
2. UNCIP Resolution of January 5, 1949:
o Historical Context: On January 5, 1949, the UN Commission for India and Pakistan (UNCIP) issued a resolution that focused on establishing the Ceasefire Line (later known as the Line of Control, or LoC) and laid out the conditions necessary for a plebiscite to take place. The resolution reaffirmed the necessity of a free and fair plebiscite but primarily focused on the administrative and security conditions required to hold such a plebiscite.
o Self-Determination Under the UN Charter: The January 5 resolution reaffirmed the principle of self-determination in the sense that it provided a pathway for Kashmiris to express their will through the plebiscite, but it was more procedural. It did not bring forward any new principles related to the right of self-determination beyond what had already been outlined in Resolution 47.
o Political Significance: The Resolution of January 5, 1949 represented a step toward practical implementation of the UN plan for a plebiscite, but it didn’t change the fundamental international recognition of Kashmir’s right to self-determination as outlined in the earlier resolutions. The political significance of this date lies more in institutionalizing the framework for holding the plebiscite than in affirming new principles of self-determination.
o Self-Determination Day Argument: While the January 5, 1949 resolution was important for its administrative decisions regarding the plebiscite, it did not carry the same weight as Resolution 47 in terms of reaffirming the right of the Kashmiri people to determine their future. Therefore, from the perspective of self-determination, it is less significant in terms of marking a moment of international recognition of this right.
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Integrating U.S. Statement and the Principle of Self-Determination:
• The U.S. statement from 1948 explicitly aligned itself with the right of self-determination as enshrined in the UN Charter. The statement indicated that any resolution of the Kashmir dispute, whether reached through bilateral negotiations or otherwise, must be consistent with the principles of the UN Charter, including the right of the Kashmiri people to choose their political future. This reaffirmed the view that self-determination was non-negotiable and that any attempt to resolve the dispute must respect the right of the people of Kashmir to decide their future through a plebiscite.
• In this context, Resolution 47 (April 21, 1948) stands out because it was the first international recognition of Kashmir's self-determination, echoing the principle of equality of peoples under Article 1(2) of the UN Charter. The U.S. statement aligns with this resolution, emphasizing that if India and Pakistan could not resolve the issue bilaterally, the UN's framework, including the plebiscite, should prevail. This underscores the continuing legitimacy of the self-determination process envisioned by the UN.
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Conclusion:
• April 21, 1948 (UN Security Council Resolution 47) is the more appropriate "Self-Determination Day" for Kashmir, as it marks the first formal recognition of the Kashmiri people's right to self-determination under the UN Charter. It is consistent with the principle of equality of peoples in Article 1(2) and was endorsed by the U.S. statement emphasizing that any solution must respect this right. This resolution directly linked the Kashmir issue to the right of the people of Kashmir to determine their own future through a plebiscite, thus making it a foundational date in the pursuit of self-determination.
• The January 5, 1949 UNCIP resolution, while important for the implementation details of the plebiscite, does not carry the same foundational significance in affirming the right of self-determination as Resolution 47. Therefore, April 21, 1948, aligns more closely with the principles of self-determination and would be the preferred date for those advocating for Kashmir's right to self-determination as outlined in the UN Charter.
Dr. Syed Nazir Gilani
President JKCHR
05.01.2025
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