Constitutional amendment urged to acknowledge binding UN resolutions on Kashmir

A London-based non-governmental organisation with special consultative status at the United Nations Economic and Social Council (ECOSOC) has called for the inclusion of binding UN Security Council resolutions in Azad Jammu and Kashmir’s (AJK) constitutional framework, terming their omission a serious legal and strategic lapse.

The Jammu and Kashmir Council for Human Rights (JKCHR) raised this concern in a formal communication from its president, Dr Syed Nazir Gilani, addressed to the Prime Minister of Pakistan (as Chairman of the AJK Council), the AJK Prime Minister, the Speaker, and the Leader of the Opposition in the AJK Legislative Assembly.

Mr Gilani pointed out that while the AJK Government Act of 1970 and the Interim Constitution of 1974 referred to the subsidiary UNCIP resolutions of 1948 and 1949, they omitted explicit mention of UNSC Resolutions 47 (1948) and 91 (1951), which were foundational to the international legal status of the Kashmir dispute.

“These UNSC resolutions are binding under Article 25 of the UN Charter, as they formally designate Jammu and Kashmir as an international dispute and mandate demilitarisation, a ceasefire, and a UN-supervised plebiscite,” he stressed.

He warned that the omission undermined AJK’s standing as a non-sovereign entity under international supervision, diluted its legal identity, and weakened its institutions' ability to invoke international law or challenge external interventions, such as the presence of Pakistani political parties.

Calling the issue a “strategic misalignment with grave legal and political consequences,” Dr Gilani recommended the introduction of a constitutional amendment to explicitly incorporate reference to UNSC Resolutions 47 and 91. 

He also urged the AJK leadership to seek judicial clarification that existing references to UNCIP resolutions inherently include the overarching UNSC mandates. 

Additionally, he called for greater engagement with legislators and the general public to raise awareness about the foundational legal role of UNSC resolutions in the Kashmir dispute, and for the reinforcement of international advocacy efforts by reaffirming AJK’s and Pakistan’s obligations under these UN directives in submissions to relevant international bodies.

Dr Gilani offered JKCHR’s assistance in formulating the necessary legal and institutional reforms, asserting that restoring the reference to binding UN resolutions was vital to upholding AJK’s international legal identity and the unresolved status of the Kashmir dispute.

Appointment of Plebiscite Advisor 

In an earlier related communication, the JKCHR had also urged the AJK prime minister to establish a dedicated plebiscite framework and appoint a plebiscite advisor, as envisaged under Article 11 of the Interim Constitution of 1974 and relevant UN resolutions.

Such a mechanism, according to the rights body, would reinforce AJK’s role as a transitional political entity under UN supervision and strengthen its constitutional and international standing.

Citing both UNCIP and UNSC resolutions, as well as a 1999 AJK High Court judgment, the JKCHR had lamented the continued inaction on the issue, warning that the absence of institutional arrangements had weakened AJK’s position, particularly in the aftermath of India’s unilateral actions on August 5, 2019. 

While proposing concrete steps to address the gap, the JKCHR also offered its assistance in drafting legal and diplomatic frameworks to uphold AJK’s obligations and the right to self-determination of the Kashmiri people.

 Tariq Naqash