Written statement submitted by
Jamil Maqsood President of the Foreign Affairs Committee of the UKPNP, in the
58th Session of the Human
Rights Council under agenda item 8.
Subject: The Vienna Declaration and Program of Action and
the State of Human Rights in Jammu & Kashmir, Azad
Jammu & Kashmir, and Gilgit-Baltistan.
The
Vienna Declaration and Program of Action (VDPA), guarantees core principles, including
self-determination, equality before the law, and the right to live in dignity.
These values, reflected in Article 1 of the International Covenant on Civil and
Political Rights (ICCPR), state that all peoples have the right to freely
determine their political status and
pursue
economic, social, and cultural development.
However,
the people of erstwhile State of Jammu & Kashmir, particularly those in
Azad Jammu & Kashmir (AJK) and Gilgit-Baltistan continue to suffer
systematic human rights violations and the denial of fundamental freedoms. The
United Nations should act to address these issues and ensure that the rights of
these populations are upheld.
Jammu
& Kashmir is of great strategic, cultural, and historical importance. The
region has been at the heart of a territorial dispute between India, Pakistan,
and China for over seventy years. The region is divided into
Indian-administered Jammu & Kashmir and Pakistan- Administered Azad Jammu
& Kashmir (AJK) and Gilgit-Baltistan. Despite the differing administrative
structures, human rights violations persist throughout the entire region, particularly
in AJK and Gilgit-Baltistan, where the people continue to face political subjugation
and the denial of their basic freedoms.
Azad
Jammu & Kashmir (AJK) is often portrayed by Pakistan as an autonomous
region.
However,
in reality, the region remains under significant influence from the central government,
particularly through military involvement in its political and administrative affairs.
AJK is not an independent entity but is effectively controlled by Pakistan,
which undermines its autonomy.
Although
the people of Azad Jammu & Kashmir (AJK) are identify as Pakistani citizens
by Islamabad, they are denied meaningful political representation. Notably,
they are excluded from Pakistan’s National Assembly, which violates Article 25
of the International Covenant on Civil and Political Rights (ICCPR),
guaranteeing equality before the law and protection from discrimination. This
denial of political representation perpetuates disenfranchisement and
marginalization of the people of AJK.
Furthermore,
the Vienna Declaration (Paragraph 2) underscores self-determination as a fundamental
human right. Yet, the people of AJK continue to be deprived of the freedom to determine
their political future. Despite Pakistan’s claims of autonomy for the region,
no clear path to independence or full autonomy exists. The absence of a
transparent and fair process, such as a referendum, to allow the people of AJK
to express their political aspirations undermines their right to
self-determination, as guaranteed in Article 1 of the ICCPR. By denying them
the opportunity to decide their political future, Pakistan is violating their fundamental
human rights.
This
lack of political freedom is further compounded by a repressive environment
where those advocating for greater autonomy, self-determination, or
independence face arbitrary detention, harassment, and even violence. The
government’s crackdown on political dissent violates Article 19 of the ICCPR,
which guarantees the right to hold opinions without
interference
and to seek, receive, and impart information through any medium. These restrictions
stifle political discourse and suppress peaceful opposition, further
entrenching the political marginalization of the people of
Pakistani-administered Azad Jammu & Kashmir.
The
situation in Gilgit-Baltistan is even more severe than in Azad Jammu &
Kashmir (AJK). Despite its strategic importance, particularly in relation to
the China-Pakistan Economic Corridor (CPEC), the people of Gilgit-Baltistan
have been systematically denied their right to self-determination. The region
is governed by executive orders, and there are no democratic structures to
ensure meaningful local representation. Consequently, the people of Gilgit-Baltistan
remain excluded from Pakistan’s political processes, with no voice in decisions
affecting their lives. This exclusion violates Article 1 of the ICCPR, which
affirms the right of peoples to determine their political status and pursue
economic, social, and
cultural
development.
The
absence of political representation and self-determination in Gilgit-Baltistan
constitutes an ongoing violation of international law. The Vienna Declaration
(Paragraph 1) emphasizes that all peoples should have the right to freely
determine their political future. By denying the people of Gilgit-Baltistan
this right and continuing to govern the region through executive
decrees,
Pakistan is contravening their rights under the ICCPR.
Furthermore,
the suppression of political expression and the targeting of activists in
Gilgit- Baltistan reflect a situation similar to that in AJK. Political leaders
and activists advocating for greater autonomy or independence face arbitrary
detention, threats, and violence. This repression violates the right to
peaceful assembly, as guaranteed by Article 21 of the ICCPR.
The
absence of political freedoms in Gilgit-Baltistan stifles the development of a
democratic society and entrenches political oppression in the region. In both
Azad Jammu & Kashmir and Gilgit-Baltistan, the military’s presence in
civilian life has resulted in widespread human rights violations. The military
often uses excessive force against peaceful protesters, leading to
extrajudicial killings, enforced disappearances, arbitrary detention, and
torture. These actions violate Article 6 of the ICCPR, which protects the right
to life, and Article 7, which prohibits torture and cruel, inhuman, or
degrading treatment. The heavy-handed response to peaceful dissent in both
regions clearly breaches international human rights standards.
In
Gilgit-Baltistan, the situation is particularly alarming for the Shia Muslim
community, which faces systematic discrimination, sectarian violence, and
religious intolerance. Extremist groups, allegedly linked to Pakistan's
military establishment, have targeted the Shia population with violence and
terror. These attacks violate Article 27 of the ICCPR, which guarantees the
rights of minorities to enjoy their culture, practice their religion, and speak
their
language. The failure of Pakistani authorities to protect the Shia community
and ensure justice for victims is a serious breach of the fundamental rights of
religious minorities.
Another
critical issue affecting both regions is economic exploitation. Both
territories possess vast natural resources, but these resources are often
extracted for the benefit of external actors, with little or no benefit to
local populations. In Gilgit-Baltistan, the China-Pakistan Economic Corridor
(CPEC) has exacerbated this exploitation, leaving local communities marginalized
and underdeveloped. The extraction n of natural resources in both regions violates
Article 1 of the ICCPR, which guarantees the right of peoples to freely dispose
of their natural resources in accordance with their development needs. This
exploitation perpetuates poverty, worsening the already precarious human rights
situation in both regions.
The
United Nations must take urgent steps to enforce its resolutions on Jammu &
Kashmir, which have long called for a free and fair referendum to allow the
people of these regions to determine their political future, in accordance with
Article 1 of the ICCPR. Diplomatic efforts must focus on ensuring that the
fundamental rights and freedoms of the people of AJK and Gilgit-Baltistan are
safeguarded, including the right to self-determination, the protection of political
freedoms, and the safeguarding of civil liberties.
The
failure of the international community to address these ongoing violations
represents a significant breach of the commitments made in the Vienna
Declaration and the ICCPR. The continued denial of self-determination,
political freedoms, and fundamental human rights to the people of Azad Jammu
& Kashmir and Gilgit-Baltistan cannot be justified. Immediate and robust
action is required to hold accountable those responsible for these violations.
The
Vienna Declaration and Programme of Action, the following international
conventions and frameworks are crucial for the protection of the rights of the
people of Jammu & Kashmir in general and particularly for the people of
Azad Jammu & Kashmir and Gilgit.
International
Covenant on Civil and Political Rights (ICCPR) International Covenant on Economic,
Social and Cultural Rights (ICESCR) Convention Against Torture and Other Cruel,
Inhuman, or Degrading Treatment or Punishment (CAT) Convention on the Elimination
of All Forms of Racial Discrimination (CERD) Convention on the Elimination of
All Forms of Discrimination against Women (CEDAW) Convention on the Rights of
the
Child
(CRC) International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families (ICMW) Declaration on the Right to Development.
The
people of Jammu & Kashmir (including Azad Jammu & Kashmir and
Gilgit-Baltistan) are entitled to live in peace, dignity, and freedom. They
deserve their fundamental rights, including the right to self-determination,
political freedoms, and the right to live without fear of persecution. The UN
should take immediate action to address the ongoing human rights violations in
these regions, ensuring that the voices of the people are heard and respected.
CDP
urges the United Nations to take note of these violations and hold both India
and Pakistan accountable for safeguarding the rights of the people and
fulfilling their international obligations. The UN must demand that both
nations take immediate steps to protect the fundamental freedoms of the people
in Jammu & Kashmir, Azad Jammu & Kashmir, and Gilgit-Baltistan, thereby
upholding the principles of justice and human dignity.
Jamil Maqsood Additional Representative
