6 and a half hours later than intended. It's the beginning part of the sleep cycle that needs addressing, as last night it began at c. 0230hrs.
The lower part of my back is also experiencing acute pain since yesterday morning.
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We continue to mirror Dr Nazir Gilani's analysis on this platform, making the most of his presence in the neighbourhood:
Special status of Azad Kashmir
Azad Kashmir's Special Status and the Need for Understanding and Enforcement
The status of Azad Jammu and Kashmir (AJK) remains a complex and highly debated issue within the broader Kashmir dispute between India and Pakistan. However, there is no question that Azad Kashmir has a special status, and this status needs to be understood, respected, and enforced, both in terms of its unique historical context and its legal and political framework, as prescribed by Pakistan's constitution and the United Nations Commission for India and Pakistan (UNCIP).
1. Historical and Legal Context of Azad Kashmir’s Special Status
The Standstill Agreement of 15 August 1947 between Jammu and Kashmir and Pakistan marks the beginning of the dispute over Kashmir, setting the stage for what has become a prolonged political conflict between India and Pakistan. While India has integrated its portion of Jammu and Kashmir into its political and constitutional framework, Pakistan assumed a different approach toward the territory under its control, leading to the creation of Azad Kashmir.
Azad Kashmir was never intended to be a fully integrated province of Pakistan. Instead, it was envisioned as a temporary administrative set-up that would function as a provisional government until the ultimate political status of the region could be determined through a UN-supervised plebiscite. This arrangement was solidified by the UNCIP (United Nations Commission for India and Pakistan), which monitored the situation in Kashmir following the 1947 partition.
The UNCIP’s role in this context is crucial because it was explicitly tasked with overseeing the governance and political situation in Azad Kashmir, which was deemed a local authority under its supervision, rather than a fully recognized international entity. This unique status underscores the fact that Azad Kashmir is distinct from other regions and is not a fully sovereign or integrated part of Pakistan. It remains in a state of administrative limbo, with a provisional status awaiting a final decision by the people of the region.
2. Legal Foundation of Azad Kashmir’s Special Status in the Constitution of Pakistan
The Constitution of Pakistan, particularly Article 257, reinforces the special status of Azad Kashmir by explicitly stating that the region’s future relationship with Pakistan should be decided by the will of the people of Jammu and Kashmir, in accordance with the results of a UN-supervised plebiscite. This article acknowledges that the region's relationship with Pakistan is provisional and must ultimately be determined by a free expression of the Kashmiri people's wishes.
Article 257 reflects the commitment of the Pakistani government to respecting the principle of self-determination for the people of Kashmir, a right that was guaranteed under international law, particularly as outlined in UN resolutions. The special status of Azad Kashmir, as reflected in Article 257, provides a legal framework under which the region's governance and political alignment are inherently subject to change based on the outcome of this plebiscite.
3. Azad Kashmir as a "Local Authority" Under UNCIP Supervision
The UNCIP framework further emphasizes the transitory and provisional nature of Azad Kashmir’s governance. The region is described as a local authority, and its governance is subject to oversight, not through military or direct intervention, but through diplomatic and supervisory channels under the Commission’s guidance. This means that while Azad Kashmir is allowed to govern its internal affairs, its status as a fully autonomous or permanently integrated part of Pakistan has never been settled.
It is vital to clarify that this “local authority” status does not mean Azad Kashmir is without recognition or sovereignty. Rather, it indicates that Azad Kashmir’s autonomy and self-governance exist within a temporary framework until the final status of Jammu and Kashmir is resolved through the plebiscite process, which was initially proposed in UN resolutions and remains the basis for international law in the region.
4. The 1974 Act and the Special Role of Azad Kashmir
The Azad Jammu and Kashmir Interim Constitution Act of 1974 further entrenches the idea of Azad Kashmir as a provisional government with a distinct special status. This act establishes a self-governing framework for Azad Kashmir, creating the Azad Jammu and Kashmir Legislative Assembly and the Prime Minister's office, which exercise powers over the region’s day-to-day governance, while maintaining the relationship with Pakistan based on the principle of UN-supervised plebiscite.
It is important to note that the Act of 1974 explicitly recognizes that the primary objective of the region's governance is to provide good governance and better administration until the final determination of Jammu and Kashmir’s political status through a free and fair plebiscite. The recognition of this temporary governance structure emphasizes that Azad Kashmir’s governance is based on a framework of special administrative autonomy that must be understood as a stepping stone toward a final, democratic resolution of the Kashmir dispute.
5. Pakistan’s Role and Responsibilities
Pakistan itself acknowledges that it has assumed the responsibility of overseeing Azad Kashmir's governance, in line with its role in the larger Kashmir issue. This responsibility is defined within the UNCIP framework, which, while not military in nature, underscores the fact that Azad Kashmir's political future is subject to international oversight until the plebiscite takes place. Pakistan also affirms that the relationship between Azad Kashmir and the rest of Pakistan should ultimately be determined by the people of Jammu and Kashmir, in line with the provisions of Article 257 of Pakistan’s constitution.
Thus, Pakistan's role is not one of direct control or annexation but of facilitation and oversight in the region’s transition toward a final political settlement, as determined by the principle of self-determination. This highlights the special and provisional status of Azad Kashmir within the larger context of the Kashmir dispute.
6. The Need for Enforcement and Understanding of Azad Kashmir’s Special Status
Given the historical, political, and legal context outlined above, it is crucial to understand and enforce the special status of Azad Kashmir, which is defined by both its legal framework and the internationally recognized process of determining the region’s future through a UN-supervised plebiscite. The region is not a fully integrated part of Pakistan, nor is it an independent entity; it exists in a unique and special status that acknowledges the temporary nature of its governance.
To ensure that Azad Kashmir's special status is respected, it is essential that Pakistan, India, and the international community continue to adhere to the principle of self-determination and uphold the UN’s role in facilitating a final resolution through a fair and impartial plebiscite. Any attempt to change this status unilaterally or to ignore the will of the Kashmiri people, as expressed through the plebiscite, would be a violation of the principle of international law and the rights of the people of Jammu and Kashmir.
Conclusion
Azad Kashmir’s special status is firmly embedded in both historical agreements and the legal framework of Pakistan. It is a provisional, autonomous, and self-governing entity with a temporary role until the final political status of the region is determined. The relationship between Azad Kashmir and Pakistan, and its future integration or independence, must ultimately be decided by the people of Jammu and Kashmir, as per the principle of self-determination enshrined in international law. Enforcing and respecting this special status is not only a matter of legal necessity but also of moral and political integrity in the pursuit of peace and justice for the people of Kashmir.
Dr. Syed Nazir Gilani
President JKCHR
09.01.2025
One may comment directly on Dr Nazir Gilani's post on Facebook here
I have pointed out that - ultimately - the people of AJK themselves have to find a way out of this limbo, which doesn't favour them at a practical level.
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This evening's vlog on Facebook Live:
It is important that I - Tanveer Ahmed - do not just praise the public of #AJK for all its virtues and good deeds but that I point out its inherent weaknesses too.
Without addressing these weaknesses, we will not be able to restore the people's #Right2Rule in this territory.
A fundamental weakness in our people's thinking is their general attitude to public finance. They will publicly fund activity on a spontaneous, incidental, emotional or temporary basis but they will rarely even consider funding a prolonged institutional mechanism to address the ailments in #Governance , that they so often curse and criticise.
Our people usually rely on miracles in this regard.
#Conflict2Peace
#PublicPolicy
#PopularSovereignty
#1To100Economy
JKA PUBLIC AGENCY Note: #E234209012025
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