About 7 hours later than intended, even though I got to sleep by c. 0100hrs. However, I couldn't wake before 1100hrs.
It took a further hour for me to remember that a diary input is waiting.
A day waking up in Dadyaal, which is likely to be the final day of such an event, as a renter of accommodation, as I have been since 2017.
I have never wanted to leave this tehsil and city but obviously Sharda awaits me.
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Many have noticed the AJK PM's 'Jihad' speech in Muzaffarabad on the 5th of January 2024 (2 days ago). Dr Nazir Gilani also provides his take:
PM Azad Kashmiri’s call for Jihad – its merits
The Prime Minister of Azad Kashmir (AJK) faces a critical juncture where a shift in approach is not just necessary, but urgent for the future of Kashmir and its people. While the PM's invocation of rhetoric surrounding the ousting of Indian forces and the use of "Jihad" to achieve a free and impartial plebiscite resonates with historical and emotional sentiment, it risks misdirecting resources, alienating key international stakeholders, and undermining the very cause of self-determination for Kashmiris.
A more prudent and effective approach would be to redirect resources towards the revival of the implementation of the United Nations (UN) template on Kashmir—an approach grounded in international law, historical resolution frameworks, and the preservation of life and democracy.
1. The Dangers of Misusing the Concept of Jihad
The PM's call to invoke "Jihad" in Kashmir is a sentiment rooted in resistance against occupation, yet it risks being distorted in contemporary geopolitics. The term "Jihad" has been co-opted by various actors over the years to justify terrorism, a label that has deeply hurt the legitimate struggle of Kashmiris for self-determination. Today, the environment around Kashmir is one where the term "Jihad" has become associated with violence and extremism in the eyes of the international community. It is critical to recognize that such rhetoric can delegitimize the Kashmiris' legitimate struggle for autonomy, undermining their cause rather than advancing it.
Furthermore, Kashmir has already lost a generation in its quest for freedom. With decades of conflict, the death toll in Kashmir has been staggeringly high, a reality that should not be ignored. The loss of life, alongside the resulting psychological and social scars, means that Kashmir’s very future is at risk. The death of a generation is tantamount to the death of self-determination. In this context, the PM should prioritize saving lives, preserving the region’s future, and ensuring that Kashmiris live to see the realization of their right to self-determination, not through further loss but through diplomatic and legal avenues.
2. The Need for a Return to the UN Template
The PM's rhetoric on Jihad diverts attention away from the legal and political pathways already in place to address the Kashmir dispute. Since the inception of the Kashmir issue in 1947, the UN has laid out a framework—embodied in the resolutions of 13 August 1948 and 5 January 1949—that provides a clear path for the resolution of the Kashmir dispute, specifically through a free and impartial plebiscite under UN supervision. These resolutions have been endorsed by multiple international parties, including France, which has reaffirmed the necessity for both parties to return to these resolutions, and in cases of failure, to submit the issue to the International Court of Justice (ICJ) for arbitration.
The UN template on Kashmir provides a legitimate, peaceful, and internationally recognized path to self-determination. For the PM of Azad Kashmir, this template offers a foundation on which to build a future of peace, stability, and justice. Rather than pursuing futile and potentially destructive actions, the PM should focus on reviving and aligning with the UN framework, which already provides a diplomatic path for resolution. This is not only the legal framework but the one that the international community is most likely to support, including Pakistan, which is a member of the UN and a party to the Kashmir dispute.
3. Preserving Life, Preserving Self-Determination
The idea of "preserving number through preserving life" is paramount in the Kashmir context. Every life lost in Kashmir reduces the region's ability to advocate for a future of peace and self-determination. The right to self-determination, as recognized by the UN, must be pursued in ways that protect and value the lives of those involved. The PM’s focus should be on building a constitutional framework within Azad Kashmir that supports the aspirations of the Kashmiri people for self-determination through peaceful means. This framework should work in close collaboration with civil society and the international community to ensure the full implementation of the UN’s template for Kashmir.
4. The Legal and Constitutional Imperative
The PM must also address the fact that the AJK government has historically fallen short in terms of its legal and constitutional obligations to uphold the UN's resolutions. Notably, sections 8 and 11 of the 1970 Act and the 1974 Constitutional Act of AJK, as well as a 1999 judgment by the AJK High Court, emphasize the importance of the UN resolutions as the guiding framework for Kashmir’s future. However, there has been little indication that the AJK government has made any substantial effort to implement these resolutions or to advocate for the lawful entry and exit of its citizens as outlined in UN Security Council Resolution 47.
The PM must now direct the government’s resources toward ensuring full compliance with these international legal frameworks. This could include seeking legal expertise, pushing for more effective diplomacy, and working with Pakistan to ensure that AJK adheres to its international obligations. It could also involve creating a constitutional framework that not only supports the aspirations of the people of Kashmir but also works in concert with international law, helping the region to regain its credibility on the global stage.
5. Collaboration with Pakistan and the International Community
Pakistan, as a key party to the Kashmir dispute, should be mobilized to assist the AJK government in ensuring that international legal frameworks and UN resolutions are honoured. Given Pakistan's position as a UN member state, it has the political leverage and international standing to facilitate a resolution that is in the best interests of the Kashmiri people. However, this requires a shift in focus from militant rhetoric to diplomatic engagement. By reorienting efforts to revive the UN framework, the PM can work with Pakistan and the international community to ensure that Kashmir’s future is shaped through legal and diplomatic means, not through violence or political grandstanding.
Conclusion
The PM of Azad Kashmir must redirect the government’s resources and efforts from militant rhetoric and forceful calls to action towards the practical implementation of the UN template for Kashmir. The international community, including Pakistan, stands ready to assist, but only if the cause is pursued within the legal and peaceful frameworks already established by the UN. Preserving life in Kashmir, ensuring the dignity of its people, and revitalizing the pursuit of self-determination under the UN’s framework are the most viable paths forward. Only through such efforts can Kashmir hope to see a peaceful, just, and lasting resolution to its long-standing plight.
Dr. Syed Nazir Gilani
President JKCHR
07.01.2025
One may comment directly on Dr Nazir Gilani's post on Facebook here
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Today's vlog on Facebook Live:
The people of #AJK are very warm, kind, hospitable & attentive. Though this trait is common & abundant, it is primarily found in accidental, coincidental, occasional or temporary conditions.
This behaviour is not constant, choreographed, long-term or institutionally minded.
This is not how a country or government can successfully operate.
We need to cultivate a new approach in our people for better resource allocation and systematic efficiency.
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: #E233207012025
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