The Inalienable Right to Self-Determination in Jammu and Kashmir

The Inalienable Right to Self-Determination in Jammu and Kashmir

As Indian-occupied Jammu and Kashmir (IOJK) gears up for its first electoral process in a decade, the impending elections for the Jammu and Kashmir Assembly are being presented as a significant step toward restoring democratic governance in the region. However, a closer examination of these elections' context reveals a far more complex and troubling picture. The electoral process, while symbolically important, risks becoming a superficial exercise that distracts from the core issue that has defined the Kashmir conflict for decades: the right of the Kashmiri people to self-determination.

 

Ayesha Rafiq 


Historical Context: A Legacy of Unfulfilled Promises

 

The Jammu and Kashmir conflict is rooted in the partition of British India in 1947, which led to the creation of India and Pakistan as two independent states. The princely state of Jammu and Kashmir, with its Muslim-majority population, became a contentious issue when its ruler chose to accede to India under contentious circumstances, leading to the first Indo-Pakistani war and the subsequent division of the region along the Line of Control (LoC). This conflict laid the groundwork for decades of political turmoil, violence, and diplomatic standoffs.

 

In 1948, the United Nations Security Council (UNSC) passed Resolution 47, which called for a plebiscite to allow the people of Jammu and Kashmir to decide their political future. This resolution recognized the right to self-determination as central to resolving the dispute. However, despite numerous subsequent resolutions and international calls for action, the plebiscite has never been held, leaving the question of Kashmir’s future unresolved.

 

Over the years, the Jammu and Kashmir Assembly has functioned under the shadow of this unresolved conflict. Often viewed as a rubber-stamp institution, the assembly has historically lacked the power and autonomy necessary to address the deep-seated political and socio-economic issues facing the region. Its credibility has been further undermined by allegations of electoral manipulation, political repression, and the heavy presence of Indian security forces in the region.

 

The Abrogation of Articles 370 and 35A: A Turning Point

 

The situation in Jammu and Kashmir took a dramatic turn on August 5, 2019, when the Indian government, led by the Bharatiya Janata Party (BJP), unilaterally abrogated Articles 370 and 35A of the Indian Constitution. Article 370 had granted Jammu and Kashmir a special status, allowing it to have its own constitution, flag, and significant autonomy over internal matters. Article 35A had given the state the power to define its residents and grant them special rights and privileges, including property ownership and employment opportunities.

 

The abrogation of these articles effectively revoked Jammu and Kashmir’s autonomy, reducing it from a state to two union territories—Jammu and Kashmir, and Ladakh—directly governed by New Delhi. The move was widely condemned by Kashmiri leaders, who saw it as a betrayal of the trust and commitments made to the people of the region. The decision also sparked international criticism, with concerns raised about the legality of the move and its implications for human rights in the region.

 

In the aftermath of the abrogation, the Indian government imposed a severe lockdown in Jammu and Kashmir, including curfews, communications blackouts, and mass detentions of political leaders and activists. These measures further deepened the alienation and resentment among the Kashmiri population, who viewed the abrogation as an assault on their identity, culture, and political rights.

 

The Upcoming Elections: A Hollow Exercise?

The upcoming assembly elections, being held after a decade-long gap, are being touted as a return to normalcy and a step toward democratic governance. However, these elections must be viewed with a critical lens. The assembly, which has historically been seen as lacking real power, now operates in an even more constrained environment. With all significant powers centralized in New Delhi and exercised through the Lieutenant Governor, the assembly’s role is largely symbolic.

 

Furthermore, the electoral process itself is taking place in a highly militarized and repressive environment. The Indian government’s heavy-handed approach in the region, including the deployment of tens of thousands of troops, widespread surveillance, and the suppression of dissent, raises serious questions about the fairness and legitimacy of the elections. The lack of meaningful political engagement and the absence of key Kashmiri leaders from the political process further undermine the credibility of these elections.

 

While the elections may provide a veneer of democratic participation, they do not address the underlying issues that have fueled the conflict in Jammu and Kashmir for decades. The right to self-determination, which lies at the heart of the Kashmir issue, remains unfulfilled. Without addressing this fundamental right, any electoral process in the region risks being seen as an exercise in political window-dressing, rather than a genuine effort to resolve the conflict.

 

The Right to Self-Determination: A Principle of International Law

 

The right to self-determination is enshrined in international law and recognized as a fundamental human right. Article 1 of the United Nations Charter explicitly states that one of the purposes of the UN is "to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples." Similarly, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR) both affirm the right of all peoples to self-determination.

 

In the context of Jammu and Kashmir, the right to self-determination has been acknowledged by the UNSC and other international bodies. The 1948 UNSC Resolution 47, which called for a plebiscite in Jammu and Kashmir, remains a cornerstone of the international community’s stance on the conflict. Despite this, the right to self-determination has been systematically denied to the people of Jammu and Kashmir, who have been subjected to decades of military occupation, political repression, and human rights abuses.

 

The denial of self-determination in Jammu and Kashmir is not just a violation of international law; it is also a moral and ethical failure. The aspirations of the Kashmiri people for self-determination are not merely a political demand but a reflection of their desire for dignity, justice, and freedom. These aspirations cannot be silenced by electoral processes that lack legitimacy and fail to address the root causes of the conflict.

 

The Path Forward: Genuine Dialogue and Resolution

 

The solution to the Kashmir conflict lies not in the mechanics of electoral politics but in a genuine political process that respects the rights and aspirations of the Kashmiri people. This process must involve meaningful dialogue between all stakeholders, including the people of Jammu and Kashmir, India, Pakistan, and the international community. It must be guided by the principles of justice, human rights, and respect for international law.

 

A just and lasting resolution to the Kashmir conflict can only be achieved by addressing the core issue of self-determination. This means allowing the people of Jammu and Kashmir to exercise their right to decide their political future through a free and fair plebiscite, as promised by the UNSC. It also means addressing the human rights violations and ensuring that the voices of the Kashmiri people are heard and respected.

 

In the meantime, the international community must play a proactive role in advocating for the rights of the Kashmiri people. This includes holding India accountable for its actions in the region, raising awareness about the human rights situation in Jammu and Kashmir, and supporting efforts to achieve a peaceful and just resolution to the conflict.


Conclusion: Standing in Solidarity with the Kashmiri People

As the world watches the upcoming elections in Indian-occupied Jammu and Kashmir, it is crucial to recognize that the true measure of democracy is not just the holding of elections but the extent to which the political process reflects the will of the people. The Kashmiri people have the right to determine their own destiny, and this right must be respected and upheld.

 

In standing in solidarity with the people of Jammu and Kashmir, we must advocate for a political process that goes beyond the mere conduct of elections and addresses the core issues of self-determination, autonomy, and human rights. Only through such a process can a just and equitable future for the region be achieved.

 

The right to self-determination is not a privilege to be granted or withheld at the discretion of external powers; it is an inalienable right that belongs to the people of Jammu and Kashmir. It is time for the international community, and all those who believe in justice and human rights, to stand with the Kashmiri people in their struggle for self-determination and dignity.

 

 The write is a student of peace and conflict at NDU and intern at the Kashmir Institue of International Relations

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