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Kashmir: a call for a plebiscite for self-determination and human rights


For more than 60 years (since 1947 at the time of the Partition – independence from Britain) the land debate over Kashmir has continued between India and Pakistan. When the British left the region, India and Pakistan were formed and gained their independence. One state in the north – Azad Jammu & Kashmir – was undecided and hence the United Nations separated the state into two administered regions with a line in between – based on religious and geographic factors. On one side of the Line of Control – the cease fire line that bisects Azad Jammu Kashmir (AJK) – is Pakistan-administered AJK (predominantly Muslims). On the other side of the LOC is Indian-held Jammu and Kashmir (J&K) which comprises predominantly Hindus.

The United Nations Commission for India and Pakistan passed a resolution in 1948 that the people of AJK could decide their fate through a plebiscite, but this has never happened because neither side could agree on the conditions. Instead, the governments of India and Pakistan positioned their military in the region. Today, as Dr. Gyan Basnet points out (Kashmir should decide, December 20, 2011, www.atimes.com) over 700,000 military personnel are in the region.

Three main choices are available for the people of Kashmir: (1) become part of India; (2) become part of Pakistan; and (3) independence. Now a fourth choice is being mooted: (4) a power-sharing agreement. Dr. Basnet highlights two aspects of self-determination – external and internal rights. To date, the people of Kashmir have not had the free choice to determine their future. Plebiscites, or referendums, are the legal mechanisms most widely used to enact self-determination, which is why the United Nations called for one 63 years ago. Dr. Basnet, a doctorate in international human rights law, states that the right to self-determination is part of customary international law that imposes binding obligations on all nation states to establish a positive right for suppressed peoples eventually to experience and enjoy the full range of human rights. “Kashmir has a definable territory with a history of independence or self-governance, a distinct culture, and the will and capability to restore self-governance and reliance.” Therefore, Dr. Basnet states, Kashmiri’s right to self-determination is morally and legally justified. “A free and fair plebiscite demands all-round political commitment and withdrawal of the armed forces of both sides.”

Martina Nicolls is the author of “Kashmir on a Knife-Edge”
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