Black Day for Kashmir: From Nagorno-Karabakh to Kashmir — A Failure Story of UNSC

By Rouhana Azizza

October 27 will be observed as Black Day for Kashmir all over the world because Kashmir valley was forcefully divided when Indian forces attacked Jammu and Kashmir on October 27, 1947 although it (Kashmir) had announced Independence on October 24, 1947.

For researchers, Kashmir issue looks like very complex although it is not. It looks complicated to understand because too many information are overlapping. It’s unfortunate to say that Kashmiri diaspora living all over the world has yet to work extensively to provide some credible material that can help to understand the issue easily for researchers, academia, journalists and writers.

Here I must appreciate the former President of Azerbaijan Heydar Aliyev and the incumbent President Ilham Aliyev who invested energies and resources to collect, document, produced, distribute and promote issue of Nagorno-Karabakh at the global level in a scientific way, so anybody can understand fascist acts of Armenia and illegal occupation of Nagorno-Karabakh.

Kashmiris must learn from Azerbaijan how to mitigate propaganda and how to spread reality and national narrative.

From Nagorno-Karabakh to Kashmir, this is a failure story of United Nations Security Council (UNSC) Resolutions and an example how aggressors are allowed to overpower facts and reality under the unseen support of the UNSC.

Let’s have a look how UNSC has failed to execute its own resolutions in cases of Nagorno-Karabakh and Kashmir.

  • The UNSC Resolution #822 was adopted on April 30, 1993 that called for the cessation of hostilities and withdrawal of Armenian troops from Kelbajar and other occupied areas of the Azerbaijani Republic following its occupation on April 3, 1993.
  • The UNSC Resolution #853 was adopted on July 29, 1993 that demanded the immediate cessation of all hostilities, and called on withdrawal of Armenian troops from Agdam and other occupied areas of the Azerbaijani Republic, and reaffirmed the UN Resolution 822.
  • The UNSC Resolution #874 was adopted on October 14, 1993 that called for the preservation of the ceasefire, cessation of hostilities and withdrawal of Armenian troops from occupied Azerbaijani districts of Fizuli (Occupation on August 23, 1993), Jabrayil (Occupation on August 26, 1993), Qubadli (Occupation on September 31, 1993) and other occupied areas of the Azerbaijani Republic, and reaffirmed the UN Resolutions 822 and 853.
  • The UNSC Resolution #884 was adopted on November 12, 1993 that condemned the violations of the cease-fire established between the parties, which resulted in a resumption of hostilities; called upon the Armenian government to use its influence to achieve compliance by the Armenians of the Nagorno-Karabakh region of the Azerbaijani Republic with resolutions 822, 853 and 874; demanded from the parties concerned the immediate cessation of armed hostilities; called for the withdrawal of Armenia from Azerbaijani district of Zangilan, and reaffirmed the UN Resolutions 822, 853 and 874.
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I can provide resolutions but am leaving here because above mentioned data is enough to understand felonious silence of the world peace forums to resolve Nagorno-Karabakh which is still costing hostilities and brutalities conducted by Armenia forces against Azerbaijani. Over 7,000 ceasefire violations conducted by Armenian forces are reported at Azerbaijani borders every year and the world is just watching and international organisations are just putting these events into their official files —- but without any action against aggressor Armenia.

Now we look at Kashmir to know what happened and what has been happening there since last 72 years due to non-compliance of UN Security Council resolutions:

Background of Kashmir Crises:

On October 24, 1947, the valley of Kashmir announced its Independence in accordance with Indo-Pak Partition Plan which empowered the people of valley (Kashmir) to decide their fate for joining either of newly independent states (India and Pakistan).

Since majority of Kashmir (over 90 percent) was Muslims; therefore, they decided to join the newly formed Muslim State of Pakistan.

On October 27, 1947, the Indian government sent forces against the decision of Kashmiris, and occupied a large portion of Jammu and Kashmir but failed to win the entire Kashmir valley.

The situation became worse when Pakistan jumped into a war with India to safeguards Muslim population of Kashmir against Indian forces.

The then Indian Prime Minister Jawahar Lal Nehru declared that the final status of Jammu and Kashmir would be decided by the people of the State through a plebiscite although all political parties of Kashmir had jointly announced Independence and joining to Pakistan.

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When Kashmiri Muslims backed by Pakistan forces started gaining ground in the war, Nehru moved to the UN Security Council for stopping the war and assured the UNSC that Jammu and Kashmir would be decided by the people of the State through a plebiscite. The UNSC on the request of India under Chapter 6 of the UN Charter relating to peaceful settlement of disputes asked for ceasefire, and a Line of Control (LoC) was marked between Pakistan and India in the middle of Kashmir valley.

Since then, Kashmiris and Pakistan have been waiting for a plebisite in the valley although India has scientifically changed the demography of Occupied Kashmir. Since then, several UNSC resolution were adopted but they failed to provide justice to Kashmir people.

UNSC Resolutions on Kashmir Crises:

Following UN Security Council Resolutions are waiting for action;

The Resolution #38 (1948) adopted by the Security Council at its 229th meeting held on January 17, 1948.

The Resolution #39 (1948) adopted by the Security Council at its 230th meeting held on January 20, 1948.

The Resolution #47 (1948) adopted by the Security Council at its 286th meeting held on April 21, 1948.

The Resolution #51 (1948) adopted by the Security Council at its 312th meeting held on June 3, 1948.

The Resolution #80 (1950) adopted by the Security Council at its 470th meeting held on  March 14, 1950.

The Resolution #91 (1951) adopted by the Security Council at its 539th meeting held on 30 March 1951.

The Resolution #96 (1951) adopted by the Security Council at its 566th meeting held on November 10, 1951.

The Resolution #98 (1952) adopted by the Security Council at its 611th meeting held on December 23, 1952.

The Resolution #122 (1957) adopted by the Security Council at its 765th meeting held on January 24, 1957.

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The Resolution #123 (1957) adopted by the Security Council at its 774th meeting held on February 21, 1957.

The Resolution #209 (1965) adopted by the Security Council at its 1237th meeting held on September 4, 1965.

The Resolution #210 (1965) adopted by the Security Council at its 1238th meeting held on September 6, 1965.

The Resolution #211 (1965) adopted by the Security Council at its 1242nd meeting held on September 20, 1965.

The Resolution #214 (1965) adopted by the Security Council at its 1245th meeting held on September 27, 1965.

The Resolution #215 (1965) adopted by the Security Council at its 1251st meeting held on November 5, 1965.

The Resolution #303 (1971) adopted by the Security Council at its 1606th meeting held on December 6, 1971.

The Resolution #307 (1971) adopted by the Security Council at its 1616th meeting held on December 21, 1971.

What UNSC resolutions say about Kashmir issue?

  • The complaint relating to Kashmir was initiated by India in the UN Security Council;
  • The Council explicitly and, by implications, rejected India’s claim that Kashmir is legally the part of Indian territory;
  • The resolutions established self-determination as the governing principal for the settlement of the Kashmir dispute. This is the world body’s commitment to the people of Kashmir;
  • The resolutions endorsed a binding agreement between India and Pakistan reached through the mediation of UNCIP, that a plebiscite would be held, under agreed and specified conditions.

Due to above the mention situation, Kashmiris look at United Nations for justice and observe October 27 as Black Day.

When their (Kashmiris) Black Day will become White Day, nobody knows.

 

Disclaimer:

Rouhana Azizza is a Researcher working in the fields of International Relations and Conflict Resolution based in Baku, Azerbaijan. She also reports international events for several news outlets. The views and opinions expressed in this article/Opinion/Comment are those of the author and do not necessarily reflect the official policy or position of the Dispatch News Desk (DND). Assumptions made within the analysis are not reflective of the position of Dispatch News Desk.