Daily Diary (DD) - Day 46 of 2025

1419hrs:

Still in the former activist capital of JKA, namely Mirpur.

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Daily Diary (DD) - Day 6 of 2025

1100hrs:

6 hours later than I would have wanted but again - like yesterday - sleep evaded me until c. 0600hrs. I suppose I could've logged an entry before falling asleep but that condition is one where the mind and soul are neither awake nor asleep. 

This is also the second day that we've not had any sun, just chilly winds.

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We continue to give reference to the words of Dr Nazir Gilani, as he is writing not too far from us in Rawalpindi, Pakistan:

Unique Kashmiri Identity

People of legend, song, and story

The people of Kashmir, as vividly described by Dr. P. Graham – UN Representative for India and Pakistan, represent a people of immense cultural, historical, and spiritual depth—“a people of legend, song, and story, associated with snow-capped mountains, beautiful valleys, and life-giving waters.” 

These words capture not just the geographical beauty of the region, but the very essence of the Kashmiri identity, which has been shaped by centuries of rich heritage, diverse cultural traditions, and a deep connection to the land. The people of Kashmir—comprising Muslims, Hindus, Sikhs, and Christians—have long lived as artisans, farmers, craftsmen, small traders, boatmen, and other labourers, contributing significantly to both the local economy and the broader cultural fabric of the region.

However, despite their historical contributions and the beauty of their land, the Kashmiri people have also endured great suffering. For centuries, they have been subjected to exploitation, conflict, and the imposition of foreign and often divisive political systems. The tragic irony is that the very land that has provided sustenance and livelihood has also been a battleground, where the hopes, dreams, and security of its people have been repeatedly undermined.

To understand the compelling argument for the rights and dignity of the Kashmiri people, it is important to consider the principles of self-determination, security, and dignity—core tenets of human rights enshrined in international law. The Kashmir dispute, at its heart, revolves around the right of the people of Kashmir to determine their own future free from external coercion or political imposition. Dr. Graham's description is a powerful reminder that the Kashmiri people are not a mere footnote in the broader geopolitics of the region but are, in fact, central to the discussion on self-determination.

1. The Right to Self-Determination

The right to self-determination is a fundamental principle of international law, codified in various United Nations resolutions, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The people of Kashmir, as Graham notes, have a unique identity shaped by centuries of distinct culture, language, and tradition. This cultural and historical uniqueness provides a strong argument for their right to decide their political future in accordance with their own will. Kashmiris, having endured a long history of external impositions, have been denied the opportunity to freely exercise this right.

The promise of a plebiscite—first envisioned by the United Nations Security Council (UNSC) in 1948—was meant to give the Kashmiri people the chance to determine their own destiny. Yet, despite the passing of more than seven decades, this promise remains unfulfilled. Holding a free and impartial plebiscite under international supervision would allow the Kashmiri people to express their collective will in a fair, democratic process. The failure to implement this long-awaited measure only further entrenches the suffering of the people of Kashmir and denies them the basic dignity that comes with being able to shape their own future.

2. Security and Dignity

The issues of security and dignity are intimately connected. The people of Kashmir have lived through decades of violence, displacement, and disruption. Whether due to armed conflict, state repression, or military occupation, the Kashmiris have often found themselves caught in a struggle for survival, facing daily threats to their personal security, their cultural heritage, and their ability to live in peace. This reality has caused immense physical, psychological, and social trauma to generations of Kashmiris.

A solution to the Kashmir issue that genuinely addresses the aspirations of its people must prioritize their security—ensuring that they can live in peace without fear of violence, persecution, or displacement. In tandem with this, their dignity must be respected. As Graham’s description suggests, Kashmiris have long been victims of exploitation, both economically and politically. They deserve to live in an environment where their voices are heard, where their rights are protected, and where they are not marginalized or exploited for the political and economic gains of others.

3. International Recognition and Responsibility

The international community, particularly through the United Nations, has a moral and legal responsibility to ensure that the rights of the Kashmiri people are upheld. The United Nations itself recognized the need for a fair plebiscite, one that would allow the people of Kashmir to determine their political future in a manner consistent with their aspirations. As Dr. Graham suggests, this could become “a challenging example of the progressive values of self-determination to the dependent peoples of the earth.”

By fulfilling its commitment to holding a free and impartial plebiscite in Kashmir, the international community would send a powerful message to all peoples struggling for self-determination around the world. It would also demonstrate a commitment to human rights and justice, values that transcend national borders and serve as the bedrock of the international order.

4. A Future of Peace and Prosperity

The future of Kashmir, and the future of the people who call it home, should not be defined by the perpetual cycle of violence and exploitation. The only way forward is to create a path that recognizes the people of Kashmir as the central agents in determining their own fate. A free, secure, and impartial plebiscite offers the potential to break the chains of conflict and begin the process of healing, reconciliation, and rebuilding.

Should the people of Kashmir be allowed to exercise their right to self-determination, they would have the opportunity to create a future in which all communities—Muslim, Hindu, Sikh, and Christian—can live together in harmony, with mutual respect and shared prosperity. The region’s natural beauty, its rich cultural heritage, and its entrepreneurial spirit would become the foundation for a peaceful and vibrant society. This is not just a vision of hope but a practical reality that can be realized through the exercise of the Kashmiri people’s fundamental right to determine their own political future.

Conclusion

In conclusion, the argument for the rights, dignity, security, and self-determination of the Kashmiri people is grounded in both ethical imperatives and international law. The recognition of their right to determine their own future, through a free and impartial plebiscite, would honour the spirit of justice and human rights that the United Nations was created to uphold. The people of Kashmir have suffered too long under the weight of exploitation and conflict. It is time for the international community to help them reclaim their dignity, their security, and their right to a future defined by their own choices.

DR. Syed Nazir Gilani

President JKCHR

06.01.2025

One may comment directly on Dr Nazir Gilani's post on Facebook here

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This evening's pre-midnight vlog on Facebook Live:

What we need and what our public is struggling to understand and even identify:

1) Population Census > Public Opinion 

By clarifying the people's 'Right to Rule. 

2) Political representation 

Marking out constituencies with roughly equal weightage of voter population, with political representatives who can abide by the will of the people as clarified in 1).

3) Citizen-State Contract

Technical & constitutional requirements for governance & statecraft to ensure transparency, inclusivity, meritocracy & accountability. 

4) A functioning government in AJK

It will immediately change its initials from AJK to JKA, which poses no threat to anybody and improves the economic well-being of its people 100 x over.

#Conflict2Peace

#PopularSovereignty

#PublicPolicy

#1To100Economy

JKA PUBLIC AGENCY Note: #E234206012025

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Daily Diary (DD) - Day 3 of 2025

1202hrs:

If not for connectivity issues, I would and could have posted today's entry even earlier than the times at which I have been posting at over the past few days. 

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Dr Nazir Gilani describes the following as the elementary variables of the jurisprudence of Kashmir case:

The Strength of Kashmir's Case

The Kashmir dispute is not merely a territorial issue but a multifaceted legal, political, and human rights matter that has remained unresolved due to a series of complex commitments, international resolutions, and unfulfilled promises. India’s control over Kashmir, especially since the revocation of Article 370 in 2019, has increasingly come to resemble an occupation, rather than the legitimate governance of a fully integrated region. The following argument presents the key reasons why India's control over Kashmir lacks a solid legal foundation, and why Kashmir’s case for self-determination remains strong and supported by international law.

1. Historical and Bilateral Commitments: The Sovereignty of Kashmir

India's legal and historical relationship with Kashmir is based on commitments made at various stages, beginning with the bilateral understanding between India, Pakistan, and the British authorities in the wake of Partition. On 26 October 1947, India made a commitment to the British Prime Minister, Clement Attlee, and, subsequently, to Pakistan (31 October 1947) and the United Nations (15 January 1948), that the political future of Kashmir would be decided by the will of its people, in a manner that would respect their right to self-determination.

This promise was reinforced in India's 1948 statement to the UN, which emphasized the need for a peaceful plebiscite under international supervision once order and peace were restored in Kashmir. This established the framework for a future plebiscite, which would allow the Kashmiri people to determine their own future, independent of external influence. India’s actions since then, particularly the imposition of unilateral constitutional changes such as the abrogation of Article 370 in 2019, violate this foundational commitment. By refusing to honour the pledge made in 1947 to let the people of Kashmir decide their future, India is undermining its own legal obligations, both to the Kashmiri people and to the international community.

2. Kashmir’s Sovereignty: The Significance of Visa Restrictions (1947-1959)

A critical piece of evidence demonstrating Kashmir’s sovereignty, and its separate status during the early post-Partition period, is the imposition of visa restrictions for Indian citizens wishing to visit Kashmir from October 1947 to March 1959. This period of restrictions was a significant assertion of Kashmir's autonomy and its governance separate from that of India. The restriction was only lifted on 31 March 1959 by the then Prime Minister of Kashmir, Bakshi Ghulam Mohammad, at the direct request of India's Prime Minister Jawaharlal Nehru. This unilateral decision to lift the visa restrictions on Indian citizens was made only after a period of more than a decade, during which Kashmir maintained a level of autonomy consistent with its unique political status.

The fact that visa restrictions were in place for over a decade after the alleged accession of Kashmir to India serves as a clear proof that Kashmir was not simply an integral part of India in the immediate aftermath of Partition. The imposition of such restrictions from October 1947 to March 1959 suggests that Kashmir operated under a de facto sovereign status during that period, and that India had not yet assumed full control over the region. India’s own actions acknowledged Kashmir’s autonomy at that time, further supporting the argument that Kashmir was a distinct political entity with its own set of governance norms and rules.

3. UN Resolutions and Article 103 of the UN Charter

The Kashmir dispute is not merely a bilateral issue between India and Pakistan; it is an internationally recognized conflict with implications for international peace and security. Following India’s request for UN intervention in 1948, the UN Security Council adopted resolutions that laid out a framework for the peaceful resolution of the dispute. UNSC Resolutions 47 (1948), 51 (1948), and others clearly called for a plebiscite in Kashmir to allow its people to decide their future once peace was restored. These resolutions have never been fully implemented, and India’s actions, such as the revocation of Article 370 and continued military occupation, are seen as violations of the terms set by the UN.

Under Article 103 of the UN Charter, India's obligations under international law take precedence over any conflicting national laws. India’s unilateral actions in Kashmir, including constitutional amendments and changes to its governance structure, directly violate its obligations under UN resolutions. By disregarding these international commitments, India not only fails to honour its legal duties but also undermines the principles of self-determination that have been central to the Kashmir dispute since its inception.

4. The Kashmir Resistance: A Strong Case for Self-Determination

Kashmiris, both within India-administered Kashmir and in the diaspora, have consistently resisted India's control over the region. Resistance movements in Kashmir, including peaceful protests, armed struggles, and international advocacy, have underscored the region’s desire for self-determination. This resistance has been met with severe repression, including the imposition of martial law, curfews, and restrictions on civil liberties. Despite these measures, the Kashmiri people's aspirations for autonomy, self-rule, and an end to external occupation remain unwavering.

The State Autonomy Committee Report of June 2000, which challenged the legitimacy of India’s claim of Kashmir’s accession, and the Gupkar Declaration of August 2018, which called for the restoration of Kashmir's autonomy, further highlight the Kashmiri people’s ongoing struggle for the right to self-determination. This resistance, combined with the legal principles enshrined in international law, strengthens the case for Kashmir’s sovereignty and its right to determine its own future.

5. The Role of Pakistan and International Support for Kashmir's Case

Pakistan, as a direct party to the Kashmir dispute, has consistently advocated for Kashmir’s self-determination in line with international law and the resolutions passed by the United Nations. The region’s Kashmiri Muslim diaspora, particularly the 2.5 million Kashmiri Muslim refugees residing in Pakistan, further reinforces the transnational nature of the dispute. The displacement of Kashmiris has created a global movement calling for justice and the recognition of Kashmir's status as a disputed territory.

The UNCIP Resolutions (United Nations Commission for India and Pakistan), which mandate the withdrawal of military forces from Kashmir, the demilitarization of the region, and the holding of a plebiscite under international supervision, remain key international documents. India’s continued military presence, its unlawful changes to the region's demographic makeup, and its disregard for these resolutions only serve to underscore the fact that Kashmir is not a fully integrated part of India but is instead under military occupation.

6. India’s Occupation of Kashmir: Legal and Moral Implications

The current situation in Kashmir, following India’s revocation of Article 370 in 2019, represents an unlawful occupation rather than legitimate governance. Under international law, an occupation occurs when a foreign power asserts control over a territory without the consent of its people, especially if such control is maintained by force. India’s military presence in Kashmir, along with its imposition of laws that alter the region’s political and demographic structure, fits the definition of occupation under international law.

By disregarding the will of the Kashmiri people, rejecting the principle of self-determination, and violating its international commitments, India’s control over Kashmir has moved from a legal claim based on the promise of a plebiscite to a de facto occupation. This not only violates Kashmir’s sovereign rights but also undermines the moral authority of India’s actions in the region.

Conclusion: The Strength of Kashmir's Case

India's legal case in Kashmir is fundamentally flawed. Kashmir's sovereignty and political status were not clearly resolved in 1947, and India's actions since then have been inconsistent with the commitments made to the people of Kashmir and the international community. The period from October 1947 to March 1959, when visa restrictions were imposed on Indian citizens visiting Kashmir, demonstrates that Kashmir operated with a high degree of autonomy, separate from India. The UN’s resolutions, India’s pledges to Pakistan, and the continuous resistance of the Kashmiri people all point to the fact that Kashmir remains a disputed territory.

India’s continued control over Kashmir constitutes an occupation, not a legitimate exercise of sovereignty. The international community, as well as the people of Kashmir, must continue to push for a peaceful, just resolution that respects Kashmir's right to self-determination. Until then, India’s actions in Kashmir remain in breach of international law and the foundational principles of self-determination and sovereignty.

Dr. Syed Nazir Gilani

President JKCHR

03.01.2025

One may comment directly on Dr Nazir Gilani's post on Facebook here

I was compelled to leave the following comment on this post:

There is clearly a strong legal challenge awaiting India from the people of #JKA in lieu of the former's legal claim and equally clear (in my understanding) is the absence of a legal claim by Pakistan.

In such a scenario, should not Pakistan move out of the way and let us 

(the people of #JKA ) pursue our legal challenge of India's legal claim, already delayed by almost 8 decades?

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Daily Diary (DD) - Day 2 of 2025

1205hrs:

Many days of improving our timing to post a daily entry has received a slight jolt today. 

We are trying to incorporate various other activities into our daily routine this calendar year. 

We are very hopeful that this year will deliver even bigger breakthroughs than last year. 

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Daily Diary (DD) - Day 159 of 2024

2031hrs:

Another 0800hrs start....a good habit to improve on....

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Our Friday event at Jammu Chowk, Sehnsa is back to its regular weekly groove:

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Later in the afternoon/early evening we initiated our village to village campaign to reach each and every citizen of our tehsil (subdivision) of Sehnsa. This campaign will visit 1 moza (administrative village) every evening between 1700hrs and 1900hrs. Today, we were in moza Budli, union council Sehnsa:

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