January 5: Right of Self-Determination in Jammu and Kashmir:

The unresolved dispute of Jammu and Kashmir remains one of the longest-standing items on the agenda of the United Nations. Despite clear commitments made through United Nations Security Council resolutions, the right of the people of Jammu and Kashmir to self-determination has yet to be realized. Observed annually on 5 January, the Right of Self-Determination Day underscores the legal, moral, and political obligations of the international community.

Under the leadership of Prime Minister of the Azad Government of the State of Jammu and Kashmir, Raja Faisal Mumtaz Rathore, renewed efforts have been undertaken to align advocacy on Kashmir with international law, UN mechanisms, and human rights frameworks

The Jammu and Kashmir dispute emerged following the partition of the Indian subcontinent in 1947. The resulting conflict between India and Pakistan prompted the matter’s referral to the United Nations, thereby internationalizing the issue. Since then, the status of Jammu and Kashmir has remained legally unresolved.

The UN Security Council resolutions of 13 August 1948 and 5 January 1949 established a clear framework for conflict resolution, affirming that the final disposition of the territory would be determined by the will of its people through a free and impartial plebiscite conducted under UN auspices. These resolutions have not been revoked and therefore retain their validity under international law.

The right to self-determination is enshrined in:

•Article 1 of the UN Charter

•International Covenant on Civil and Political Rights (ICCPR)

•International Covenant on Economic, Social and Cultural Rights (ICESCR)

This right has been implemented in numerous post-conflict and decolonization contexts, including East Timor, Namibia, and South Sudan. The case of Jammu and Kashmir fits squarely within this legal paradigm, rendering its continued denial a matter of international concern rather than domestic jurisdiction.

Indian-administered Jammu and Kashmir is widely regarded as one of the most militarized regions in the world. Reports by international human rights organizations document:

•Extrajudicial killings

•Enforced disappearances

•Arbitrary detentions

•Restrictions on freedom of expression and media

•Collective punishment and demographic engineering

The unilateral measures of 5 August 2019, including the revocation of the region’s special status, raise serious questions under international humanitarian law, particularly the Fourth Geneva Convention, which prohibits demographic alteration in occupied territories.

Under the leadership of Prime Minister Raja Faisal Mumtaz Rathore, the Azad Jammu and Kashmir government has adopted a policy-oriented approach emphasizing:

•International legal advocacy

•Engagement with UN bodies and human rights mechanisms

•Evidence-based documentation of human rights violations

•Peaceful political mobilization in line with UN principles

This leadership approach reframes the Kashmir issue as a matter of unfinished UN responsibility, rather than a regional political dispute. The emphasis has remained on peaceful resolution, adherence to international law, and multilateral engagement.

The annual observance of Right of Self-Determination Day on 5 January serves as a policy reminder of:

•Outstanding UN obligations

•The credibility of multilateral conflict-resolution mechanisms

•The need for consistency in applying international norms

It also provides an opportunity for renewed engagement by UN member states, special rapporteurs, and international institutions to reassess the status of implementation.

The continued denial of self-determination in Jammu and Kashmir has implications beyond the region:

•It undermines long-term peace and stability in South Asia

•It weakens global confidence in UN conflict-resolution frameworks

•It exacerbates humanitarian and human rights challenges

A resolution in accordance with UN resolutions would contribute significantly to regional stability and reinforce the legitimacy of international law.

7. Policy Recommendations

1.Reaffirmation of UN Commitments

The UN Security Council should formally reaffirm the continued validity of its resolutions on Jammu and Kashmir.

2.Enhanced UN Engagement

Appointment of a UN Special Envoy or enhanced reporting by existing UN mechanisms on Kashmir.

3.Human Rights Monitoring

Unrestricted access for UN human rights bodies to all parts of Jammu and Kashmir.

4.Confidence-Building Measures

Support for demilitarization, release of political detainees, and restoration of civil liberties.

5.Facilitation of a Political Process

Initiation of a structured roadmap toward the realization of the Kashmiri people’s right to self-determination

The case of Jammu and Kashmir represents a critical test of the international community’s commitment to the principles of self-determination, human rights, and peaceful conflict resolution. The leadership of Prime Minister Raja Faisal Mumtaz Rathore reflects a policy-driven effort to align the Kashmiri struggle with international norms and UN mechanisms.

Until the promises made on 5 January 1949 are fulfilled, the Kashmir dispute will remain an open challenge to global governance. The implementation of UN resolutions is not a political concession—it is a legal obligation.