Islamabad, (TW News) __ Speaking at the Islamabad Bar Council on the subject “Kashmir Conflict in the Changing Global Scenario,” on December 2, 2025 Dr. Ghulam Nabi Fai, Chairman of the World Forum for Peace & Justice, argued that despite Kashmir’s relatively small geographical size and the asymmetry of power between the Kashmiri people and the Indian state, the dispute over Jammu and Kashmir retains unquestionable international legitimacy and legal sanctity under international law.

Dr. Fai observed that the demographic, military, and political imbalance—marked by India’s population of over 1.4 billion and the deployment of nearly 900,000 military and paramilitary personnel in Jammu and Kashmir—does not diminish the juridical status of the Kashmir dispute. Rather, he contended, Kashmir remains an unresolved international conflict firmly embedded within the framework of the United Nations Charter and United Nations Security Council resolutions. Dr. Fai was accompanied by Sardar Zulfiqar Roshan Khan, Director, Government Affairs of ‘Voices of Justice in Kashmir’ (VOJIK), Sardar Zubair Khan, Director, Community Engagement, VOJIK; and Mohammad Nadim Khokhar, Director Media Relations, VOJIK.

Providing institutional context, Advocate Zafar Khokhar of the Islamabad Bar Council explained that the Council was established under the Legal Practitioners and Bar Councils Act, 1973. He stated that the Islamabad Bar Council consists of the Advocate-General as Ex-Officio Chairman and members elected by advocates practicing within the Islamabad Capital Territory.

Further elaborating on the Council’s structure, Advocate Choudhary Naeem Gujar explained that the Islamabad Bar Council is composed of five elected members, chosen by advocates of the Islamabad Capital Territory through staggered elections. Each councillor serves a five-year term, and collectively these elected members constitute the core decision-making body of the Council.

Advocate Dilawar Kashmir added that the Islamabad Bar Council is statutorily responsible for regulating and maintaining the roll of advocates practicing within the Islamabad Capital Territory, with the exception of Supreme Court advocates who fall under the jurisdiction of the Pakistan Bar Council. He noted that all advocates enrolled to practice in Islamabad automatically become members of the Islamabad Bar Council by virtue of enrolment.

Quoting from the Council’s by-laws, Advocate Malik Hasseb stated that the Islamabad Bar Council represents practicing barristers with the mission of promoting advocacy and advisory services, access to justice, and the principles of ethics, equality, and diversity, thereby reinforcing the rule of law and professional responsibility within the legal community.

Turning to the Kashmir dispute, Dr. Fai critically examined India’s unilateral actions of August 5, 2019, when Articles 370 and 35-A of the Indian Constitution were abrogated. He argued that this move was intended to transform Kashmir from an internationally recognized dispute into a purely internal matter, thereby foreclosing international engagement and limiting dialogue to bilateral mechanisms.

However, Dr. Fai noted that this strategy was contradicted almost immediately at the international level. On August 8, 2019, United Nations Secretary-General António Guterres reaffirmed the UN’s principled position, stating that the Kashmir dispute must be resolved in accordance with the UN Charter and applicable Security Council resolutions. Subsequently, on August 16, 2019, the issue was formally discussed at the UN Security Council, following China’s initiative, marking the first such deliberation in approximately 45 years.

Dr. Fai emphasized that these developments reaffirmed the enduring international character of the Kashmir dispute and underscored the continuing validity of the UN’s commitments dating back to 1948, which recognize the right of self-determination of the people of Jammu and Kashmir.

He further recalled that India had previously attempted to alter the status of Kashmir through the convening of the Jammu and Kashmir Constituent Assembly. Such efforts were explicitly rejected by the UN Security Council Resolutions 91 (1951) and 122 (1957), which affirmed that neither the convening of a constituent assembly nor any decisions taken by it could constitute a lawful disposition of the State of Jammu and Kashmir. The resolutions reaffirmed that the final status of the territory must be determined through a free and impartial plebiscite conducted under the auspices of the United Nations.

Addressing more recent developments, Dr. Fai criticized India’s Domicile Law, under which approximately 4.7 million domicile certificates have reportedly been issued to non-Kashmiris. He argued that this policy represents a deliberate attempt to alter the demographic composition of Jammu and Kashmir and violates both the spirit and letter of international law. He asserted that such measures are nullified by the same UN Security Council resolutions that prohibit unilateral actions affecting the final disposition of the territory.

Dr. Fai also expressed concern over the systematic suppression of political dissent and civil liberties in Jammu and Kashmir. He noted that political leaders, human rights defenders, and journalists have been silenced, while prominent Kashmiri leaders such as Mohammad Yasin Malik, Shabir Ahmed Shah, Masarat Alam, Khurram Parvewz, Aasia Andrabi remain incarcerated for prolonged periods.

In conclusion, Dr. Fai argued that any meaningful and durable resolution of the Kashmir conflict requires the release and inclusion of authentic Kashmiri leadership in any future negotiations between India and Pakistan. He emphasized that without the participation of the Kashmiri people’s legitimate representatives, any negotiated outcome would lack both legal validity and moral legitimacy and would fall short of fulfilling the fundamental right of self-determination guaranteed under international law.

Dr. Ghulam Nabi Fai is also the Secretary General
World Kashmir Awareness Forum
WhatsApp: 1-202-607-6435. Or. gnfai2003@yahoo.com
www.kashmirawareness.org