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.

 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