Dr. Syed Nazir Gilani
When I am writing this post it is after 11pm in London. Security Council is meeting tomorrow on Friday, 16 August 2019 at 10am (New York Time) to consider the India/Pakistan ‘situation’.
Commentators on Television channels have been misdirecting themselves on the outcome of this meeting. There is no risk involved to the character of the case in this meeting. The situation remains as follows:
The Council is composed of five permanent members and ten non-permanent members elected for two-year terms by the General Assembly.
The agenda item of Kashmir has changed from “The Jammu and Kashmir Question” to “The India-Pakistan Question”.
The closed door discussion item has been designated as India/Pakistan item for tomorrow’s meeting. That means the discussion would not be in continuation of where Security Council had left it at the 1251st meeting on 5 September 1965.
Therefore, Security Council would not discuss anything that remains repugnant to the holding of a UN supervised REFERENDUM in accordance with Article 1 (2) of the Charter.
The two OHCHR reports of June 2018 and July 2019 also recommend to respect the Right of Self Determination of the People of Kashmir as protected under International Law.
The Security Council shall have to consider Indian violation of UN SC Resolution 38 of 17 January 1948 and Resolution 91 of 30 March 1951.
Outcome of Pakistan’s reference to UN SC depends on how best we have prepared the application and how best it is argued by the introducing country.
We have a new generation of diplomats at the UN Security Council and most of them (if not all of them) do not have a reliable knowledge of the contributions made by their respective countries at the UN SC from January 1948 to November 1965.