Hindu Books > Social And Contemporary Issues > The Kashmir Story > Pakistan-Occupied-Kashmir

POK - Tashkent And the Shimla Agreement Pakistan's espousal of the right to self-determination has been conditional and circumscribed. It is demanded of the part of Kashmir which escaped its occupation but not its depredations The right of self- determination is not recognized for Pakistan-occupied Kashmir (POK). The Azad Jammu and Kashmir Interim Constitution Act 1974 obliges all leaders from the President down and all legislators to swear loyalty to the cause of accession of the state of Jammu and Kashmir to Pakistan. Islam is the State religion (Article 3). The President and Prime Minister must be Muslim. The right of freedom of association is restricted. Article 7(2) says: No person or political party in Azad Jammu and Kashmir shall be permitted to propagate against or take part in activities prejudicial or detrimental to the ideology of the State's accession to Pakistan. The Constitution was imposed on POK by the former Prime Minister Z.A. Bhutto. Pakistan conveniently ignored the fact that it is only in temporary charge of those areas under its occupation. In its view it is the rest of the State which is disputed territory not that part which it had grabbed Pakistan resents the expression Pakistan-occupied Kashmir but freely talks of Indian-occupied Kashmir. Taking the UN resolutions by which Pakistan .swears it would be clear that while the legality of the accession of the State of Jammu and Kashmir to India was consistently and explicitly accepted in those resolutions the expression Pakistan-occupied Kashmir is derived from these very documents. Let us take a close look at what the Security Council did. On January 20, 1948 the Security Council set up a three-member Commission on April 21 1948 the Council not only expanded its membership to five but laid down the details of a plebiscitary solution. A Plebiscite Administrator was to be nominated by the UN Secretary General. Para 10(b) said: The Plebiscite Administrator acting as an officer of the State of Jammu and Kashmir should have authority to nominate his assistants.... and to draft regulations governing the plebiscite. Such nominees should be formally appointed and such draft resolutions should be formally promulgated by the State of Jammu and Kashmir. This is clear recognition of the legality of Kashmir's accession to India, India's external.sovereignty over the State and the legal authority of the Government of the State. Hence the formal induction of the Plebiscite Administrator was to be made by the State Government although he was to be nominated by the UN Secretary General. On August 13 1948 the UN Commission for India and Pakistan (UNCIP) adopted a resolution embodying its proposals for a settlement. India accepted it; Pakistan did not. On December 11,1948 the UNCIP offered proposals in amplification of the first to provide for a plebiscite. Both sides accepted it. They were formally embodied in its resolution of January 5 1949. While the tribesmen from Pakistan and Pakistan's troops were to be withdrawn completely. India was to withdraw only the bulk of its forces retaining some to assist local authorities in the observance of law and order. That was not the only asymmetry. The existence of the Government of the State of Jammu and Kashmir was explicitly recognized and so indeed was the State's accession to India and assumption of external sovereignty. Accordingly the resolution provided that the government of the State of Jammu and Kashmir will safeguard law and order and that human and political rights will be respected. Author:M.L.Kotru Back to HVK Home

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