Identical letters from the Permanent Representative of Pakistan to the Secretary-General, the President of the General Assembly, and the President of the Security Council on Jammu and Kashmir.

Indian Parliament resolution imposing all of the provisions of the Indian Constitution to Jammu and Kashmir without any modification or exception, notwithstanding the Constitution of Jammu and Kashmir, legal custom or any other “instrument, treaty or agreement” and moving to accept the Jammu and Kashmir Reorganisation Bill, 2019 to be considered and passed. On August 5 and 6, 2019, the Government of India imposed unprecedented legal changes in Indian-Administered Jammu and Kashmir, including through this Indian Parliament resolution.  By fiat, this eliminated historic protections guaranteed by international humanitarian law, treaty and constitutional guarantees for the benefit of the indigenous people of Indian-Administered Jammu and Kashmir.  This also overturned the legal basis for seven decades of Indian jurisprudence (itself based in violations of international law) relating to Indian-Administered Jammu and Kashmir and imposed almost all of the provisions of the Indian Constitution to the territory.  This is a major violation of international humanitarian law, human rights, indigenous rights, treaty obligations and constitutional guarantees.

Topics: changing the laws in force in occupied territory, international humanitarian law violation, no consent of governed, violation of economic rights, violation of cultural rights, violation of social rights, demographic change, settler colonialism, land expropriation, forced demographic change, colonial domination, dispossession, disempowerment, marginalization, right to education, right to work, indigenous rights

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On August 5, 2019, the Government of India imposed unprecedented legal changes in Indian-Administered Jammu and Kashmir, including Presidential Order C.O. 272.  By fiat, this eliminated historic protections guaranteed by international humanitarian law, treaty and constitutional guarantees for the benefit of the indigenous people of Indian-Administered Jammu and Kashmir.  This also overturned the legal basis for seven decades of Indian jurisprudence (itself based in violations of international law) relating to Indian-Administered Jammu and Kashmir and imposed almost all of the provisions of the Indian Constitution to the territory.  This is a major violation of international humanitarian law, human rights, indigenous rights, treaty obligations and constitutional guarantees.

Topics: changing the laws in force in occupied territory, international humanitarian law violation, no consent of governed, violation of economic rights, violation of cultural rights, violation of social rights, demographic change, settler colonialism, land expropriation, forced demographic change, colonial domination, dispossession, disempowerment, marginalization, right to education, right to work, indigenous rights

A letter from the Chargé d’affaires a.i. of the Permanent Mission of Pakistan to the Secretary-General on Jammu and Kashmir

As part of its core election platform, the BJP proposed, among other things:

• “We reiterate our position since the time of the Jan Sangh to the abrogation of Article 370”
• “We are committed to annulling Article 35A of the Constitution of India”
• “We will make all efforts to ensure the safe return of Kashmir Pandits and we will provide financial assistance for the resettlement of refugees from West Pakistan, Pakistan occupied Jammu and Kashmir (POJK) and Chhamb.”

Topics: changing the laws in force in occupied territory, international humanitarian law violation, no consent of governed, violation of political rights, violation of social rights, violation of cultural rights, disempowerment, colonial domination, settler colonialism, forced demographic change