Duty to Kashmiri people’s right of self-determination under the UN framework
A formal guidance note / internal memorandum template for Kashmiri civil servants employed in the Government of Azad Jammu and Kashmir or the Government of Pakistan. It is structured to offer principled and lawful navigation of the dual responsibility to state employment and the Kashmiri people’s right of self-determination under the UN framework.
Internal Memorandum / Guidance Note
Subject: Navigating Professional Obligations and the Duty to Uphold the Right of Self-Determination of the People of Jammu and Kashmir
To: All Kashmiri Officers and Civil Servants
From: [JKCHR Legal Department]
Date: 25 May 2025
Reference: UN Charter, UNCIP Resolutions, AJK Interim Constitution 1974, International Human Rights Obligations
Purpose of this Guidance Note
This memorandum aims to provide guidance to Kashmiri civil servants employed in the Government of Azad Jammu and Kashmir (AJK) or under the administrative framework of the Government of Pakistan on how to lawfully and ethically navigate situations where official instructions or administrative practices appear to conflict with their moral and constitutional responsibility to uphold the right of self-determination of the people of Jammu and Kashmir as recognized by the United Nations.
Context and Legal Background
- Right of Self-Determination:
The people of Jammu and Kashmir are internationally recognized as holders of the right to self-determination under relevant UN Security Council Resolutions (e.g., 47 (1948), 91 (1951)) and Article 1(2) of the UN Charter. - Trustee Framework of AJK:
Azad Jammu and Kashmir is not a constitutional province of Pakistan but functions under an interim administrative arrangement derived from the UNCIP Resolutions. All officers serve the people of Jammu and Kashmir in a trustee capacity, not as permanent agents of Pakistani sovereignty. - Employee Responsibilities:
While civil servants are expected to adhere to rules of service and perform their duties efficiently, they remain morally and legally accountable to a higher constitutional and international framework regarding the final disposition of the State of Jammu and Kashmir.
Guiding Principles for Civil Servants
1. Lawful Compliance with Conscience
- Civil servants are advised to comply with lawful orders, provided such orders do not violate the dignity, rights, or freedoms of the people or contribute to the suppression of the UN-mandated right of self-determination.
- In cases of conflict, officers should seek written clarification or register a note of concern or reservation, maintaining their professional integrity while documenting dissent.
2. Protected Speech and Conduct
- Supporting non-violent advocacy, public education, or legal discourse on the Kashmir issue consistent with UN Resolutions is not prohibited, unless it involves incitement, disobedience of service rules, or unlawful assembly.
- Officers are encouraged to participate in or contribute to policy development and scholarship that supports international law compliance.
3. Avoiding Complicity in Oppression
- Officers should exercise lawful discretion when asked to implement measures that:
- Suppress peaceful protest.
- Inhibit access to international legal frameworks.
- Enforce narratives or practices that negate the disputed status of the territory.
- Any such instructions should be carefully documented, and where possible, recusal or internal reporting procedures should be invoked.
4. Professionalism within Constitutional Boundaries
- Article 31(3)(a) of the AJK Interim Constitution 1974 restricts legislation inconsistent with the declared accession to Pakistan. However, it does not criminalize support for UN-supervised final settlement or non-legislative expression aligned with the original intent of the standstill arrangement under UNCIP.
Procedural Safeguards
Civil servants facing difficult situations are advised to:
- Maintain written records of orders or instructions that may be in conflict with international law.
- Use internal reporting mechanisms to flag potential legal or ethical concerns.
- Seek advice from legal officers or constitutional experts familiar with the Kashmir dispute.
- Cooperate with national and international inquiries or fact-finding missions in good faith, as permissible under service rules.
Conclusion
Kashmiri civil servants are stewards of an unfinished international process. In serving their administrative roles, they must remain conscious of their fiduciary responsibility to the people of Jammu and Kashmir and to the international legal framework governing the region.
This guidance is intended to offer support in balancing institutional responsibility with principled service to a people and cause that remain subjects of international concern and protection.
For further clarification or legal consultation, please contact:
[JKCHR Legal Division] – admin@jkchr.org
Dr. Syed Nazir Gilani
President, Jammu and Kashmir Council for Human Rights (JKCHR)
In Special Consultative Status with the United Nations.
25 May 2025
A very good advice and guidance. Unfortunately، the AJK professionals have not been educated to this extent to understand their responsibility, let alone navigating it. Their first step towards a civil job is party loyalty and then taking oath of movement for accession to Pakistan bypassing the international pledge. In my opinion, a national political movement is inevitable for any positive change, where professionals are trained as experts rather than simple salary takers.
The JKCHR memorandum dated 25 May 2025 is a principled and necessary document that addresses the complex responsibilities of Kashmiri civil servants operating within the Government of AJK or Pakistan. By grounding its guidance in international law, UN resolutions, and the AJK Interim Constitution, it provides a clear framework for officers to navigate their roles without compromising their ethical and legal obligations to the Kashmiri people’s right of self-determination.
The emphasis on lawful conduct, protected speech, and documentation of dissent is both practical and respectful of service rules. This balanced approach empowers civil servants to maintain professional integrity while remaining aligned with an unresolved but internationally recognized political cause. As an observer, I commend this effort for offering clarity in a deeply sensitive and legally complex context.
سب شعور کی کمی ہے
This extremely timely document has been cross referenced at: http://tanveerandkashmir.blogspot.com/2025/05/daily-diary-dd-day-147-of-2025.html