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India and its colonial and antidemocratic ways in Kashmir

India and its colonial and antidemocratic ways in Kashmir

Dr. Ghulam Nabi Fai

This is an opportunity to explore a vexing but significant topic in the field of human rights: the Right of Self-determination. The right of self-determination has been celebrated for ages. It is a basic principle of the United Nation Charter which has been reaffirmed in the Universal Declaration of Human Rights, and applied countless times to the settlement of international disputes. The concept played a significant part in the post-world war I settlement, leading for example to plebiscite in a number of disputed border areas, even though no reference was made to self-determination in the League of Nations Covenant.

In 1945 the establishment of the United Nations gave a new dimension to the principle of self-determination. It was made one of the objectives which the UN would seek to achieve, along with equal rights of all nations.

The principle of self-determination and the maintenance of international peace and security are inseparable. For example, the denial of this right to self-determination to the people of Kashmir has brought two neighboring countries in South Asia – India and Pakistan – to the brink of nuclear catastrophe. Although, the applicability of the principle of the self-determination to the specific case of Jammu and Kashmir has been explicitly recognized by the United Nations. It was upheld equally by India and Pakistan when the Kashmir dispute was brought before the Security Council. Since, on the establishment of India and Pakistan as sovereign states, Jammu and Kashmir was not part of the territory of either, the two countries entered into an agreement to allow its people to exercise their right of self-determination under impartial auspices and in conditions free from coercion from either side.

The idea that the dispute over the status of Jammu and Kashmir can be settled only in accordance with the will of the people, which can be ascertained through the democratic method of a free and impartial plebiscite, was the common ground taken by both Pakistan and India. It was supported without any dissent by the United Nations Security Council and prominently championed by the United States, Britain and other democratic states. It became a matter of controversy only after India realized that she could not win the people’s vote.

It seems to me that when everything is considered, the case for Kashmiri self-determination is overwhelming if historical practice and simple justice are consulted. What is anguishing and dumbfounding to me is not that the world powers resist sending troops to Kashmir to vindicate self-determination at the risk of warring with India. After all, nations are not agents of altruism. What is frustrating and confounding is that world powers withhold even the moral boost of officially proclaiming the right of self-determination for 22 million Kashmiris in accord with Security Council plebiscite resolutions it heartily approved and have never disavowed.

Professor Korbel proved prophetic. India’s insolence has provoked more than 70 years of horrifying conflict in Kashmir, war between India and Pakistan, a nuclear arms and missile race in South Asia, and human rights violations on a scale vastly more gruesome than witnessed by CNN broadcasting in Kosovo, and East Timor, all of which triggered international intervention. In the last twenty-nine years alone, approximately 700,000 Indian military and paramilitary forces with impunity have perpetrated more than 100,000 killings, coupled with countless incidents of torture, rape, custodial disappearances, arson, plunder, abduction, arbitrary detentions, and savage repression of peaceful political protest and freedom of expression.

India always persisted in its colonial and antidemocratic ways in Kashmir. British historian, Bertrand Russell said in 1964, “The high idealism of the Indian government in international matters breaks down completely when confronted with the question of Kashmir.”

Jay Prakash Narayan who was known as ‘The Second Gandhi of India’ confided to Indira Gandhi, in 1960: “We profess democracy but rule by force in Kashmir” He added that [The Kashmir] problem exists not because Pakistan wants to grab Kashmir, but because there is deep and widespread political discontent among the people.”

Dr. Shri Prakash, an Indian writer & scholar in his book, ‘Twenty Tumultuous Years Insights in to Indian Polity’ on page 568 writes, “The Kashmiri anger actually began with the mass rigging of elections in 1987. There is no use putting life in a corpse. Kashmiri leaders from Farooq Abdullah downwards have lost their credibility , they are totally irrelevant.”

We know it now that the fraudulent elections in 1987 extinguished the last flicker of hope among Kashmiris that India would bow to a free and fair plebiscite as ordained by the Security Council. The cure for counterfeit elections in Kashmir, however, is not more of the same, but providing the genuine democratic article. Thus, the people of Kashmir are eager to participate in the impending elections if they are conducted with the trapping of free and fair choice, conducted, monitored and supervised by a neutral agency like the United Nations.

The status of East Timor was resolved in 1999 by a free and fair vote of the East Timorese. The same, championed by the United States and the European Union happened in Kosovo, Montenegro and Southern Sudan. The solution of Kashmir’s indigenous upheaval is no different. The irresponsible coveting of dignity, liberty and pride that comes with self-determination knows no territorial or regional or religious boundaries.

The world powers should take a leaf from the statement made on June 15, 1962 by American representative to the United Nations, Adlai Stevenson ” … The best approach is to take for a point of departure the area of common ground which exists between the parties. I refer of course to the resolutions which were accepted by both parties and which in essence provide for demilitarization of the territory and a plebiscite whereby the population may freely decide the future status of Jammu and Kashmir.”

Taking into consideration the above facts, I propose:

  1. The demilitarization of the State of Jammu & Kashmir on either side of the Cease-fire Line;
  2. Creating an atmosphere of peace and security;

iii. Conducting of an election by an international and neutral agency, i.e., the United Nations;

  1. Mandating that the elected officials will negotiate a final settlement of the Kashmir conflict with India and Pakistan;
  2. Satisfying the democratic principles, the rule of law, and security for every inhabitant of Kashmir, irrespective of their religious and regional affiliations in reaching to any solution.

In conclusion, a sincere and serious effort towards a just settlement of the Kashmir dispute must squarely deal with the realities of the situation and fully respond to the people’s rights involved in it. Indeed, any process that ignores the wishes of the people of Kashmir and is designed to sidetrack the United Nations will not only prove to be an exercise in futility but can also cause incalculable human and political damage.

[Dr. Fai is Secretary General, World Kashmir Awareness Forum].

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Kashmir Martyrs’ Day – July 13th

Post from Washington: Statement by World Kashmir Awareness Forum Washington, D.C. July 13h, 2018. “It was on July 13, 1931, that the foreign occupying Dogra troops shot dead 22 Kashmiris, in cold blood, in front of Srinagar Central Jail. Since that ominous day, Kashmiris have organized peaceful protests, seminars and conferences throughout the world. The people of Kashmir observe the Martyrs Day to reaffirm their resolve to continue their struggle for self-determination and pay homage to the 100,000 innocent men, women and children killed brutally within the past 29 years. In Srinagar, a massive march will take place towards the martyrs’ graveyard at Naqashband Sahib. This march has been approved by Joint Resistance Leadership – Syed Ali Geelani, Mirwaiz Umar Farooq and Mohammad Yasin Malik. We clearly and unequivocally call for all Kashmiris to continue to increase their solidarity at this critical juncture. As we know that Indian impotence, willful ignorance and desperation to avoid a meaningful peace process and initiate wimpy attempts to pacify Kashmiri passion will fail miserably,” stated Dr. Ghulam Nabi Fai, Secretary General, Washington-based World Kashmir Awareness Forum (WKAF). Fai emphasized that the Kashmiri people’s resolve and continued commitment to peaceful protest is principled on the ongoing massive violations of their human rights, and the Indian Government’s atrocious dismissal of their aspirations for self-determination. Amnesty International (AI) report, for India (2017-2018) says, “Impunity for human rights abuses (in Jammu and Kashmir) persisted. ..Security forces continued to use inherently inaccurate pellet-firing shotguns during protests, blinding and injuring several people. Authorities frequently shut down internet services, citing public order concerns.” In that regard, the recent report issued by the United Nations on June 14, 2018 on the situation in Kashmir, is congratulatory. The report underscored that “Impunity for human rights violations and lack of access to justice are key human rights challenges in the state of Jammu and Kashmir.” And that “Impunity for enforced or involuntary disappearances in Kashmir continues as there has been little movement towards credibly investigating complaints including into alleged sites of mass graves in the Kashmir Valley and Jammu region.” The people of Kashmir clearly have little faith in or respect for the so-called Indian democracy, and India hasn’t the slightest idea how to earn it. It’s solution to the anger of people crying for freedom and a respite, at the very least, from the terror of 700,000 troops, is to clamp down even harder, adding to the death toll of such a policy that now approaches the six-figure range. The desire for self-determination is the one very big “element” India should be concerned about, yet continues to pretend to the world that it does not exist. However long India refuses to acknowledge it, the decades-old movement in Kashmir will not simply die out. Even the latest United Nations report recommends to the Government of India to, “ “Fully respect the right of self-determination of the people of Kashmir as protected under international law.” Fai discounted the United Nations hopes that the Kashmir dispute could be settled through bilateral talks between India and Pakistan. He recounted the litany of failed bilateral efforts and said that the people of Kashmir have steadfastly maintained that tripartite talks between the Governments of India & Pakistan and the legitimate leadership of the people of Kashmir, are the only way to resolve the Kashmir issue. We appeal to the world powers to recognize the long-standing wishes and aspirations of the Kashmiri people as they observe Martyrs Day, July 13th. And we hope that the world powers will realize that what is at stake in the dispute is not only the survival of the people of Kashmir but also the peace and stability in the region of South Asia.

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