Developments in Kashmir: Dynamics and the Way Forward

Seminar Recommendations 1
1. The indigenous, political and popular character of the recent mass uprising in IHK provides sound
legal bedrock basis to project the case of Kashmiris' right to self-determination before the world
community. Pakistan needs to capitalize this important dimension which came into prominence in
the latest phase of uprising started sinceAmarnath agitation of 2008.
2. In the current scenario, India may attempt to sabotage the indigenous nature of the ongoing unrest.
Such kinds of moves need to be preempted. The incident of ISIS- flag raising in a procession may be
an attempt to play with the sensitivities of the west.
3. In addition to issuing statements calling for UN mediation, Pakistan can consider to specifically
write a series of letters to the Office of the UN Secretary General, referring Article 99 and 100 of UN
Charter 1945, and bring the attention of the Office to the situation in IHK which is likely to
undoubtedly endangering regional and global peace and security.
4. Letters can be written to all fifteen members of UN Security Council to play their role to avert the
situation likely to endangering peace. On legal grounds, the concerned members may be sensitized
that failing to do so is non-compliance of the UNSC Resolution 1373, under Chapter 7, adopted
unanimously on 28 September 2001, following 9/11 and the UN Resolution 1269 adopted
unanimously on 19 October 1999.
5. The law-fare moves by India to dilute Pakistan's legal standing on the issue, need to be recognized
and responded. India is constantly trying to distort the self-determination struggle in the legislation
by the UNSC under Chapter 7 resolution 1373, accusing Kashmiris struggle as terrorism in terms of
UN resolution.
6. A legal team on Kashmir is the need of the hour for Pakistan to project Kashmir cause afresh across
the world.
7. There is a paucity of scholarly legal literature on Kashmir Conflict which needs to be filled up with
consolidated academic efforts by the scholars and the government of Pakistan. Chairs on Kashmir
Studies in the renowned universities in the world including Harvard School of Law can be
established.
8. Pakistan's response to Indian moves towards changing the demography of Kashmir and reduce the
State's Muslim majority is fact based. However, other more sound legal grounds to thwart India's bid
to change the demographic character of the state, need to be stressed such as:

1. The recommendations are derived from the proceedings of seminar, titled, Developments in Kashmir: Dynamics and the
Way Forward held on July 26, 2016, organized by Institute of Policy Studies, Islamabad.
2. In the contemporary era, law-fare indicates to using law as an important tool to achieve strategic objectives.

According to International Law the presence of Indian army in IHK comes under the purview of
Occupying Framework.
Fourth Geneva Convention says when an occupying army holds the possession of a territory; it
has to administer itself in accordance with certain parameters. One of those significant
parameters is not to bring demographic change and not to allow third party, outsiders, to buy land
from the natives.
EvenArticle 35-Aof Indian Constitution discourages to buy land inside Jammu and Kashmir.
According to Article 370 of Indian Constitution Indian citizens can neither become the State
subject nor buy land in IHK.
Moreover, the recent landmark judgment by the Srinagar High Court pronounced in 2015 is also
super significant in which the court ruled that the Article 370 is beyond any amendment
whatsoever.
9. Pakistan enjoys sound legal ground in terms of the principle of self-determination vis--vis Kashmir
dispute. Self-determination is usually associated with people living in own territory occupied by
extraneous power. The struggle for the right of self-determination cannot succeed without territorial
disputes. In Kashmir (just as in Palestine), we have this unique combination. Pakistan needs to
strengthen this debate.
10. Indian atrocities in IHK are not mere human rights violations but they go against the norms and
standard practices of International Humanitarian Law. Human Rights do not apply in the situation of
conflict but it is the humanitarian law which does. So, Pakistan Ministry of Foreign Affairs needs to
take a firm stand that there are human rights violations as well as the violations of international
humanitarian law.
11. Pakistan may consider establishing Monitoring Centers to assess the situation inside Kashmir and
Ad-hoc Tribunals inAJK to entertain complaints from Kashmiris.
12. Pakistan can contest India's argument regarding Kashmir being a bilateral dispute under Article 103
of the UN Charter which maintains, in the event of a conflict between the obligations of the
members of the UN under the present charter and their obligations under any other international
agreement, their obligations under the present Charter shall prevail.
13. Since Kashmir issue is left over from history, Pakistan may also raise the issue of Junagarh along
with Kashmir dispute as Pakistan possesses the documents of accession of Junagarh with Pakistan
with the signatures of Quaid-e-Azam and the Nawab of Junagarh.