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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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Dynamics of FATF listing

Pakistan Focus Analysis. Indo-US anti-Pakistan nexus is so very obvious, both have in-chorus expressed their joy on Pakistan’s placement on grey list. Indian Express has reported that “India, US are one in saying Pakistan deserved to be demoted to anti-terror funding group's 'grey list’”. "India welcomes the decision of the Financial Action Task Force (FATF) to place Pakistan in its Compliance Document (grey list) for ICRG [International Cooperation review Group] monitoring," said India's ministry of external affairs. And; "outstanding counterterrorism deficiencies consistently raised by the Financial Action Task Force and [Pakistan] needs to take actions, including on the raising and moving of funds of UN-designated terrorist groups, a top US official said to news agency PTI”. Decision is politically motivated and is part of American strategy to pressurise Pakistan to settle some other scores. Pakistan has been placed among the jurisdictions (states) with strategic deficiencies: Ethiopia, Serbia, Sri Lanka, Syria, Trinidad and Tobago, Tunisia and Yemen. FATF has called upon these states to complete implementation of the action plans expeditiously and within the proposed timeframes, vowing to closely monitor the implementation. It was also agreed in February Plenary that an Action Plan would be negotiated between Pakistan and FATF members by June. This has been done. The FATF has formally placed Pakistan on the grey list due to ‘strategic deficiencies’ in its anti-money laundering and terrorism financing regime. The decision came despite Pakistan had demonstrated reasonable progress in three out of four major areas of FATF concerns. Pakistan’s team led by Finance Minister apprised the plenary about measures that Pakistan had taken to stop money laundering and strangling the terror financing. In prevailing World Order, nothing works better than American pressures. During February plenary, the US and the UK went out of their way to by-pass the standard FATF procedures and jointly arm twist the FATF for nominating Pakistan for the grey list in June, regardless of its February-June period effort and progress; they were also joined by France and Germany. Pakistan has undertaken to work towards effective implementation of the Action Plan, while staying in the grey list. A similar situation took place in 2011 when Pakistan was included in the grey list and was taken out in 2015 after it successfully implemented the Action Plan. There were tall claims that Pakistan was unlikely to be placed on the grey list of the global financial watchdog as the country had made enough progress to meet international anti-money laundering and terror financing standards, such euphoric environment had been created before and during the previous FATF plenary meeting as well. There is a need to float realistic expectations before such international events. FATF identifies jurisdictions with strategic AML/CFT deficiencies in its two public documents: FATF Public Statement (call for action)– commonly known as black list—and Improving Global AML/CFT Compliance— nick named as grey list. It is an on-going process; these lists are updated three times a year. Interestingly, FATF does not use grey list/blacklist terminologies. The ICRG of the APG had identified four key areas of concerns: deficiencies in the supervision of Anti-Money Laundering (AML) and Counter Terrorism Financing regimes; cross-border illicit movement of currency by terrorist groups; progress on terrorism financing investigation and prosecution; and implementation of the United Nations Security Council resolutions 1267 and 1373, for curbing terror financing. ICRG report has shown that Pakistan did show progress on three out of four major areas of concerns. Cross-border smuggling of cash was the only major area where Pakistan admitted deficiencies. Maximum number of conditions – nine to be precise – take into account the concerns of the UNSC resolutions, followed by eight commitments to address concerns regarding terrorism financing prosecution, four are about curbing currency movement across the border and five recommendations relate to improvement in the supervision mechanisms of banks and companies. Pakistan has undertaken to demonstrate that authorities are identifying cash couriers and enforcing controls on illicit movement of currency and understanding the risk of cash couriers being used for terrorism financing. Remember Ayan Ali case? And who protected her? Carrier is enjoying quality life abroad. Pakistan has made a “high-level political commitment to work with the FATF and APG to strengthen its Anti-money Laundering (AML)/Countering Financing of Terrorism (CFT) regime and to address its strategic counter-terrorist financing-related deficiencies,” according to FATF announcement. The FATF said Pakistan will also be demonstrating that remedial actions and sanctions are applied in cases of AML/CFT violations, and that these actions have an effect on AML/CFT compliance by financial institutions. “It will be demonstrating that competent authorities are cooperating and taking action to identify and take enforcement action against illegal money or value transfer services.” During the intervening period Pakistan government did strenuous hard work to plug the gaps. Ambitious laws were enacted. Finance ministry improved institutional mechanisms for handling anti-money laundering and countering financing terrorism issues. Coordination between the State Bank, Banking institutions and law enforcement agencies had also been strengthened to curb money laundering and terror financing. Pakistan has recently addressed issues raised by the FATF through a tax amnesty scheme, while Securities and Exchange Commission has issued Anti-Money Laundering and Countering Financing of Terrorism Regulations (2018). National Security Committee has also reaffirmed its commitment to cooperate with the FATF. Through its Action Plan, Pakistan has demonstrated to the world that it was ready to go an extra mile to curb money laundering. Pakistan will have to deliver on the first goal by January next year and complete all the 26 actions by September 2019,” it is indeed a tight schedule. One wonders whether Pakistan has requisite mechanisms in place to implement and steer such an ambitious plan. An expert assessment has it that though Pakistan’s inclusion in the grey list may hurt its image in the international landscape, its economic impact will not be as severe as being portrayed. This is because when Pakistan was part of the grey list/blacklist (2008-2015), it successfully approached multilateral bodies, floated international bonds and had international trades. Hopefully Pakistan will be able to come out or grey list in September 2019, however it must follow consistent economic policies to remain out of such trouble spots. Caretaker government would do a great service by forming a national commission to identify and punish all those responsible for letting the things reverse back after Pakistan’s previous journey to blacklist was over.

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Fresh thinking is needed to cut the Gordian knot in Kashmir

Post from America by Dr Ghulam Nabi FAI. The Joint Resistance Leadership (JRL) [Syed Ali Geelani, Mirwaiz Umar Farooq, Mohammad Yasin Malik] in Kashmir has shown willingness to talk provided the Government of India clarifies the parameters of talks. In an interview with The Indian Express, (June 5, 2018) Dineshwar Sharma, Indian Government’s Interlocutor said, “When I talk to the younger generation there (Kashmir), often they confront me with so many questions and even talk about Azaadi… Any rational discussion will be possible when we are able to first address the sentiment of the people…” In this interview, Mr. Sharma has made it clear that the sentiments of the people of Kashmir are for Azaadi. I believe that fresh thinking is needed to cut the Gordian knot in Kashmir, which has been flailed at for more than 70 years bilaterally between India and Pakistan without result. All parties concerned i.e. the Governments of India & Pakistan and the leadership of the people of Kashmir -- should recognize the necessity of adjusting or re-thinking the modalities of implementing any plan to suit present-day circumstances. But what is not acceptable is any erosion far less a negation, of the principle of the will and sentiments of the people of Kashmir. We know that all international conflicts ultimately were resolved on the negotiating table. If that is true then the world powers should become deeply engaged in order to make sure that the peace process between India and Pakistan once initiated does not get derailed. They can play a bridge building to bring parties together so that the animosity is done away with and the dawn of dialogue and engagement is sustained. They need to make sure that the policy of conflict resolution adopted by both New Delhi and Islamabad over the Kashmir dispute is consistent, coherent, transparent and dependable. We are mindful of the urgings by the United Nations that India and Pakistan keep talking to each other. It would be perverse on the part of anyone to oppose that course of action. But to expect a breakthrough in talks is to ask for miracles. It would be irresponsible on our part to encourage the hope that if the Governments of India and Pakistan are willing to depart from the stand of principle, the compromise will be endorsed by the people of Kashmir. During the long years of domestic and international political chess by India, Pakistan and the United Nations, it must be stressed, the people of Kashmir themselves have been denied even the role of a pawn. Their voices have neither been summoned nor heard; yet they have suffered the most in daily and harrowing human rights violations. It’s interesting how problematic it is for India & Pakistan to agree that Kashmiris themselves have a stake in any talks about their future. In what kind of democratic process would this not be of prime consideration? The moral, legal and historical foundations for such a principle have been frequently raised not only by Kashmiris but by the world community as well, which are enshrined in the Universal Declaration of Human Rights as well as in the United Nations Security Council resolutions on Kashmir. India and Pakistan have had more than 150 official rounds of talks in the last seven decades to discuss conflicts and differences between them. The by-product of every round of talk was an agreement to meet again to talk. In consequence, the peace process between parties has always remained an illusion. Talks have always proved barren because both India and Pakistan have never defined the parameters of talks. The talks were never meant to be time bound with specific benchmarks that would define and characterize progress. History testifies that the dispute will not, and cannot, be solved bilaterally by the two disputants. Both India and Pakistan have to agree to include the leadership of Kashmiri political resistance to explore the lasting solution of the dispute. We are fully aware that the settlement of the Kashmir dispute cannot be achieved in one move. Like all qualified observers, we visualize successive steps or intermediate solutions in the process. It is one thing, however, to think of a settlement over a relatively extended period of time. It is atrociously different to postpone the beginning of the process on that account. The plan of action that would ensure for all components of the State as it existed on August 15, 1947 equal representation and equal freedom to decide whether to continue the status quo or to opt for a new dispensation is not difficult to work out. It can be done by a joint committee composed of the rightly qualified people from India and Pakistan who would consult the leadership of the people of Kashmir and also, as necessary, experts from the United Nations. What is desperately needed is an affirmation by Prime Ministers of India and Pakistan of the necessity of taking new measures to effect the settlement of the dispute within a reasonable time frame. To that end, India and Pakistan must together prepare a plan for the demilitarization of the State with safeguards for security worked out together. Peace in the region would benefit not only those who are directly impacted by this conflict- Kashmiris - but India as well. Sounder minds must prevail. More rational methods of dealing with differences must be sought. Repeating the same mistakes while expecting different results has long ago been found to be the path of failure. Seventy years should demonstrate a need for a change in policy, a policy that acknowledges the need for coming together in a process that accepts the right of all people to determine their own destiny. The people of Kashmir, like most people, are by their nature peaceful. History testifies to that fact. They do not seek war, and do not want to see their children die in a bloody conflict. They seek and would welcome a peaceful and negotiated settlement to the crisis for the sake of peace and stability in the region of South Asia.

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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: The demilitarization of the State of Jammu & Kashmir on either side of the Cease-fire Line; Creating an atmosphere of peace and security; iii. Conducting of an election by an international and neutral agency, i.e., the United Nations; Mandating that the elected officials will negotiate a final settlement of the Kashmir conflict with India and Pakistan; 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.

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UN confirms HR abuses in IoK

Pakistan Focus Analysis Imposition of governor’s rule and the ongoing bloodshed in Indian occupied Kashmir (IoK) along with statements emanating from India about an additional ‘crackdown’ on Kashmiris in IoK, indicate an alarming Indian unreceptiveness to international opinion. India continues with its gross violations of human rights in IoK. Such steps are likely to result in enhanced Indian brutalities and a ruthless free hand to Indian security forces. The level of repression in IoK has already significantly gone up. UN High Commissioner for Human Rights has recommended to HR Council to establish a “Commission of Inquiry” (COI) for international investigation into human rights violations in Kashmir. A COI is one of the UN's highest-level probes, generally reserved for major crises. Due to Indian refusal for direct access, report is based on remote monitoring. The main focus of the report is on human rights situation in the Indian occupied Kashmir (IoK), from July 2016 to April 2018. Report has stated that according to HR activists’ estimates, up to 145 civilians were killed by security forces and up to 20 civilians killed by armed groups in the same period. Report accuses India of ‘unlawful killings' in Kashmir and urges provision of right to self-determination. The contents, scale and the narrative of killings, maiming, abuse and impunity articulated in the report is a reaffirmation of what Pakistan has long highlighted to the comity of nations. OHCHR’s Report has rightly called for final political solution of the Jammu and Kashmir dispute through meaningful dialogue that includes the people of Kashmir. On the broader Kashmir dispute between India and Pakistan, the UNSG Spokesman Farhan Haq said that the UN chief has consistently called for the resolution of the decades-old problem. The report has called for an urgent need to address past and ongoing human rights violations and abuses and deliver justice for all people in Kashmir. The report said that people of Kashmir had been suffering a conflict for seven decades that had claimed or ruined numerous lives. However, ground reality is that India does not give a dime such reports. To supplement its over 6 million IoK stationed security forces, India is raising additional two women battalions for Kashmir police. India continues to ignore legitimate demands by various reputed domestic and international HR watch dog entities for probe into gross and systemic violations, including” permanent blinding of over 1000 youth due to pellet gun injuries, excessive use of force, arbitrary arrest and detentions as well as continued sexual violence; alongside undoing of comprehensive impunity enjoyed by Indian security forces under the (il)legal cover of nearly a dozen draconian laws. Pakistan has welcomed the proposal to establish a COI for international investigation into human rights violations. India, on its part, has rejected the call by the report for obvious reasons. "It is a selective compilation of largely unverified information. It is overtly prejudiced and seeks to build a false narrative," the Indian External Affairs Ministry said in a statement. "The report violates India’s sovereignty and territorial integrity. The entire state of Jammu and Kashmir is an integral part of India," it claimed. "Pakistan is in illegal and forcible occupation of a part of the Indian state through aggression." The dissociation of India from reality is alarming. Indian attempts to exploit and cash in on the international environment by labelling the legitimate Kashmiris struggle terrorism makes a mockery of the victims of actual terrorism and is reprehensible. If it really has nothing to hide, India can address its claims of the report being based on unverified information by allowing the COI and OIC IPHRC access to IOK. Commissioner Zeid Ra’ad Al Hussein has urged the UN HR Council to consider establishing a COI: “to consider establishing a Commission of Inquiry for a more comprehensive investigation of the human rights situation in Kashmir and reiterate my calls for access… Alleged sites of mass graves in the Kashmir Valley and Jammu region should be investigated. …. I am tremendously saddened by the assassination last week of Shujaat Bukhari, a courageous human rights defender actively working for peace, including through his participation in the Track Two diplomacy seeking to help both India and Pakistan put an end to the violence”. The tragic and brutal killing of Kashmiri journalist Shujaat Bukhari Editor-in-Chief of the Rising Kashmir by unknown gunmen outside his office in Srinagar on 14 June 2018 gave a serious blow to international human rights and freedom of expression. His assassination, due to his unremitting efforts for the Kashmiri cause will be remembered forever and is a clear manifestation of Indian state terrorism. Shujaat Bukhari’s brutal murder by Indian forces is reflection of the intolerance of Indian state apparatus who wants to stifle freedom of speech and expression. The Indian government remains fearful of international exposition of the brutalization of occupied Jammu & Kashmir. India can run, but can it hide? This remains to be seen. In his endorsement, UNSG Guterres has also stated that UN Human Rights Council must take next steps to address Indian rights abuses in Kashmir. He has held back his comments until council announces an international probe. According to the 49-page report: “In responding to demonstrations that started in 2016, Indian security forces used excessive force that led to unlawful killings and a very high number of injuries”. High Commissioner has denounced the lack of prosecutions of Indian forces in Jammu and Kashmir due to a 1990 law giving them what he called “virtual immunity”. The report clearly stipulates that its main focus is on the Indian Occupied Jammu & Kashmir. Hence, references to human rights concerns in Azad Jammu and Kashmir (AJK) and Gilgit-Baltistan can in no way be construed to create a false sense of equivalence. India’s unwillingness to engage in a dialogue process with Pakistan and suppression of Kashmiri aspirations for right of self-determination continue to endanger regional and international peace and security. The lasting solution of the Jammu & Kashmir dispute is an essential imperative for peace, security and stability of the region. The report has rightly called for final political solution of the Jammu and Kashmir dispute through meaningful dialogue that includes the people of Kashmir. Pakistan has once again expressed readiness for a COI to visit both AJK and IoK. India has again backed out. The isolation of India in the international community is complete. The skeletons in Indian closet are growing in numbers and size. UN has a key role to play in the resolution of the Jammu and Kashmir dispute. The OCHCR report is a reminder of this internationally recognized dispute and the urgency of its settlement, both to protect human lives and promote peace. Being custodian of over a dozen UNSC resolutions spanning 1948-98, the UN has a duty to discharge with regard to settlement of one of oldest dispute on its agenda, hopefully OCHCR report will stimulate the stake holders to jump start the process towards that end. Permanent members of Security Council must put in their collective effort for resolving this humanitarian issue. The international community must ensure an expedited establishment of the Commission of Inquiry, to ensure that the Human Rights Charter is not reduced to meaningless words.

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The UN Report on Kashmir: Reassuring Development

Dr. Ghulam Nabi Fai: The United Nations High Commissioner on Human Rights (UNHCHR) has issued its “Report on the Situation of Human Rights in Kashmir.” The report contains graphic documentation of human rights violations being committed by the Indian military and paramilitary forces in Indian Occupied Kashmir. This is a significant step towards greater international recognition of the serious abuses committed against Kashmiris at the hands of Indian army. This report takes the veil of secrecy off of India’s crimes against humanity. Perhaps now the global community can share the outrage felt by the people of Kashmir. The 49-pages report cites specific incidents where the Indian Government violated the very principles of human decency and democratic freedom against the people of Kashmir. The reports states that, “In responding to demonstrations that started in July 2016, Indian security forces used excessive force that led to unlawful killings and a very high number of injuries. … One of the most dangerous weapons used against protesters during the unrest in 2016 was the pellet-firing shotgun.” The report details many instances where the use of draconian laws have given sense of total impunity to the Indian army in Kashmir. It states “The government of India has passed legislation under the Jammu and Kashmir Disturbed Areas Act of 1990 which gives extraordinary power to all ranks of the Indian military and paramilitary forces.” These laws, the report emphasizes, “ have created structures that obstruct the normal course of law, impede accountability and jeopardize the right to remedy for victims of human rights violations.” 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.” Many international NGO’s have suggested that Kashmir was the largest army concentration anywhere in the world. The report noted that “Civil society and media often cite the figure of 500,000 to 700,000 troops which would make Kashmir one of the most militarized zones in the world.” As we know that during the latest phase of uprising , virtually the whole population of Kashmir turned on the streets to demand the right of self-determination to be given to the people of the territory. The report underlines this fact by stating; “While Indian-Administered Kashmir has experienced waves of protests in the past—in the late 1980s to early 1990s, 2008 and 2010—this current round of protests appears to involve more people than the past, and the profile of protesters has also shifted to include more young, middle-class Kashmiris, including females who do not appear to have been participating in the past.” It is a fact that bilateral talks between India and Pakistan have failed because they sought to by-pass the leadership of the people of Kashmir, which is the primary party to the dispute. This fact has been recognized in the report which clearly says, “There remains an urgent need to address past and ongoing human rights violations and to deliver justice for all people in Kashmir who have been suffering seven decades of conflict. Any resolution to the political situation in Kashmir should entail a commitment to ending the cycles of violence and accountability for past and current human rights violations and abuses committed by all parties and redress for victims. Such a resolution can only be brought about by meaningful dialogue that includes the people of Kashmir.” The Indian human rights organizations and NGO’s including ‘The People’s Union of Civil Liberties’, and others sent out teams to Kashmir to study specific allegations of human rights abuses including torture and publish reports on their findings, which are often highly critical of government authorities. The United Nations report validates these finding by suggesting that [As a State party to the , which prohibits torture under any circumstances (Article 7), India is obliged to ensure that no person is “subjected to torture or to cruel, inhuman or degrading treatment or punishment”. There have long been persistent claims of torture by security forces in Kashmir.] Here are few more examples of torture cited in the report about torture. “On 18 August 2016, a 30-year-old college lecturer, Shabir Ahmad Mangoo, died after being severely beaten in the custody of the Indian Army.” “Another case of torture involving the Indian Army is that of manual labourer Nasrullah Khan who was allegedly detained and tortured at the Indian Army’s 27 Rashtriya Rifles camp on 31 August 2017.” Medical services and ambulances are clearly being targeted for no other reason than that they are carrying young men who show evidence of having already been in the line of fire somewhere and therefore again become victimized. There is clearly an intent to physically disable these young men and civilian population. The report warns that “Doctors in Srinagar accused the security forces of firing tear gas near hospitals and, in some cases, inside the hospital, which affected their ability to work and further affected the health of the patients.” Meanwhile to get the attention of international community remains a challenge. The world powers have taken a hands-off stance in having asked India for permission to send in a team to investigate. On the other hand, India does not allow the Kashmiri human rights activist to visit the international forums to raise the subject of human rights. Here are few examples cited in the report. “Human rights defenders who have tried to bring international attention to the human rights situation in Jammu and Kashmir have faced reprisals while access has been obstructed for some journalists.” “… prominent human rights defender Khurram Parvez was arrested and detained under PSA on 15 September 2016, a day after being prevented from travelling to the Human Rights Council in Geneva.” Human rights lawyer Kartik Murukutla, who works with Khurram Parvez at JKCCS, was detained at the New Delhi airport immigration desk on 24 September 2016 on his return from Geneva after attending the same Council session.” “French journalist and documentary film-maker Paul Comiti was arrested on 9 December 2017 in Srinagar for allegedly violating Indian visa conditions.” It is well documented that the bloody occupation has resulted in massive human rights violations, particularly targeting women and children. The sanctity of women has been violated, in a gruesome and unforgiving fashion. The UN report upholds that [In the 2013 report on her mission to India, the Special Rapporteur on violence against women, its causes and consequences, said, “[W]omen living in militarized regions, such as Jammu and Kashmir and the north-eastern states, live in a constant state of siege and surveillance, whether in their homes or in public. Information received through both written and oral testimonies highlighted the use of mass rape, allegedly by members of the State security forces, as well as acts of enforced disappearance, killings and acts of torture and ill-treatment, which were used to intimidate and to counteract political opposition and insurgency.”] The United Nations report makes the following recommendation to the UN Human Rights Council to, “Consider the findings of this report, including the possible establishment of a commission of inquiry to conduct a comprehensive independent international investigation into allegations of human rights violations in Kashmir.” The report also makes 17 recommendations to the Government of India so as to bring these atrocities to an end, including: -- “Urgently repeal the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990.” -- “Establish independent, impartial and credible investigations to probe all civilian killings which have occurred since July 2016.” -- “In line with its standing invitation to the Special Procedures, accept the invitation requests of the almost 20 mandates that have made such requests; in particular, accept the request of the Working Group on Enforced or Involuntary Disappearances and facilitate its visit to India, including to Jammu and Kashmir.” -- “Fully respect the right of self-determination of the people of Kashmir as protected under international law.” It is our hope that the United Nations report will mobilize the policy makers of the members states of the UN Human Rights Council to do everything in their constitutional power to stop the killings in Kashmir. It is further our hope that the policy makers of these member countries will look to solving the root cause of the problem – the unfulfilled promise of self-determination as guaranteed by successive United Nations Security Council resolutions. We believe that history is not predestined, and it is up to us to make peace its destiny in Kashmir through all of our energies, goodwill, wisdom, and compassion for the tragic afflictions of that once glorious land.

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FTAF fiasco

There were tall claims that Pakistan was unlikely to be placed on the grey list of the global financial watchdog as the country had made enough progress to meet international anti-money laundering and terror financing standards, such euphoric environment had been created before and during the previous FATF plenary meeting as well. There is a need to float realistic expectations before such international events. The Financial Action Task Force (FATF) has formally placed Pakistan on the grey list due to ‘strategic deficiencies’ in its anti-money laundering and terrorism financing regime. The decision came despite Pakistan had demonstrated reasonable progress in three out of four major areas of FATF concerns. In prevailing World Order, nothing works better than American pressures. During February plenary, the US and the UK went out of their way to by-pass the standard FATF procedures and jointly arm twist the FATF for nominating Pakistan for the grey list in June, regardless of its February-June period effort and progress; they were also joined by France and Germany. Decision is politically motivated and is part of American strategy to pressurize Pakistan to settle some other scores. Pakistan has undertaken to work towards effective implementation of the Action Plan, while staying in the grey list. A similar situation took place in 2011 when Pakistan was included in the grey list and was taken out in 2015 after it successfully implemented the Action Plan. FATF identifies jurisdictions with strategic AML/CFT deficiencies in its two public documents: FATF Public Statement (call for action)– commonly known as black list—and Improving Global AML/CFT Compliance— nick named as grey list. It is an on-going process; these lists are updated three times a year. Interestingly, FATF does not use grey list/blacklist terminologies. Pakistan has undertaken to demonstrate that authorities are identifying cash couriers and enforcing controls on illicit movement of currency and understanding the risk of cash couriers being used for terrorism financing. During the intervening period Pakistan government did strenuous hard work to plug the gaps. Ambitious laws were enacted. Finance ministry improved institutional mechanisms for handling anti-money laundering and countering financing terrorism issues. Coordination between the State Bank, Banking institutions and law enforcement agencies had also been strengthened to curb money laundering and terror financing. Pakistan has recently addressed issues raised by the FATF through a tax amnesty scheme, while Securities and Exchange Commission has issued Anti-Money Laundering and Countering Financing of Terrorism Regulations (2018). National Security Committee has also reaffirmed its commitment to cooperate with the FATF. Through its Action Plan, Pakistan has demonstrated to the world that it was ready to go an extra mile to curb money laundering. Pakistan will have to deliver on the first goal by January next year and complete all the 26 actions by September 2019,” it is indeed a tight schedule. One wonders whether Pakistan has requisite mechanisms in place to implement and steer such an ambitious plan. Caretaker government would do a great service by forming a national commission to identify and punish all those responsible for letting the things reverse back after Pakistan’s previous journey to blacklist was over. Remember Ayan Ali case? And who protected her? Carrier is enjoying quality life abroad.

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Evolving Pakistan-India thaw or another mirage?

Another Pakistan-India thaw in the offing?

Ceasefire violations across the Line of Control (LoC) and the Working Boundary(WB) became a new norm during Prime Minster Narendra Modi’s government. India reneged on a 2003 cease fire agreement, resulting in loss of property and innocent lives of Kashmiris. During last year alone, India committed 1,881 ceasefire violations, the highest number since the ceasefire arrangement broke down. During five months of current year 1,050 such violations have been committed by India. Notwithstanding, Pakistani leadership kept striving for bilateral talks. Hostility between the two is a significant impediment to the socioeconomic development in both countries. Now one wonder whether India's offer to revert back to 2003 ceasefire agreement is an Evolving Pakistan-India thaw or another mirage? During the current year things began to take a turn for the better. Pakistan invited Indian Defence attaché to attend Pakistan day celebrations; and he attended. Pakistan also hosted India with other Shanghai Cooperation Organisation(SCO) members to discuss regional terrorism. In September, Pakistan and India will also participate in SCO joint counterterrorism exercises in Russia. In the meanwhile, Pakistan also hosted a Track II dialogue with India. Last month India's home ministry had ordered its occupation forces in the IoK to stop operations during the fasting month of Ramazan. And a round of bilateral talks pertaining to maritime matters has just concluded. For its part, Pakistan has consistently advocated resumption of structured dialogue with India. And while it was preoccupied with fighting terrorism, it made strategic sense for Pakistan to seek at least a calm eastern frontier. A convergence in India’s strategic thinking towards Pakistan’s point of view could open the door to addressing, if not fully resolving, the major issues. India had also embarked upon a strategy to destabilise Pakistan domestically, and isolate internationally. Both did not work. On the contrary, a significant convergence has emerged between Pakistan and major regional powers, like Russia, China and Iran, on regional matters while India and the US are seen as spoilers. Despite Donald Trump’s anti-Pakistan rhetoric, an open-ended US confrontation with Pakistan and its designation as a state sponsor of terrorism, widely anticipated by India, have not happened. The US continues to rely on Pakistan’s cooperation with regard to Afghanistan end game. India triggered Doklam stand-off with China has also forced India to be realistic in its regional ambitions. India has once again acknowledged the significance of 2003 ceasefire arrangement and as there is no better alternative in place, India should steadfastly implement it.

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Jumpy Tweets of Bumpy Trump

bumpy trump and jumpy tweets

Our dear Trump, “the most genius and most stable”, may be trying to cut the trunk of the tree on which successive American administration have been investing heavily. Richard G. Olson, former US ambassador to Pakistan and former special representative for Afghanistan and Pakistan in his opinion piece, “How Not to Engage with Pakistan”, for the New York Times on January 09, aptly commented: “While perhaps it is emotionally satisfying to penalize a country that has supported American enemies in Afghanistan for the past 16 years, the administration’s approach is unlikely to work…The harsh truth is that American leverage over Rawalpindi and Islamabad has been declining… Thus, the Trump administration’s attempt at humiliating and penalizing Pakistan is unlikely to work. Pakistan, like most countries, reacts very badly to public attempts to force its hand. It is likely to respond by showing how it can truly undercut our position in Afghanistan….” Any listeners in the US? Probably none, at least for the time being. Through a series of major counter-terrorism operations, Pakistan has cleared all these areas resulting in elimination of organized terrorist presence leading to significant improvement in security situation in Pakistan. Pakistan’s peace efforts are awaiting reciprocal actions from the Afghan side in terms of clearance of vast stretches of ungoverned spaces on the Afghan side, bilateral border management, repatriation of Afghan refugees, controlling poppy cultivation, drug trafficking and initiating Afghan led and owned political reconciliation in Afghanistan.

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How Not to Engage With Pakistan

How Not to Engage With Pakistan

by Richard G. Olson [Courtesy The New York Times] President Trump’s decision last week to suspend almost all security aid to Pakistan, which quickly followed his accusation that Pakistan had “given us nothing but lies and deceit,” suggests that his administration is carrying out the hard-line approach that the president foreshadowed in August.The harsh truth is that American leverage over Rawalpindi and Islamabad has been declining. And as United States aid levels have diminished — reflecting bipartisan unhappiness with Pakistani policy — aid from the Chinese has increased. China has invested around $62 billion in Pakistani infrastructure under the China-Pakistan Economic Corridor, an element of the “One Belt, One Road” initiative. Its magnitude and its transformation of parts of Pakistan dwarf anything the United States has ever undertaken.Thus, the Trump administration’s attempt at humiliating and penalizing Pakistan is unlikely to work. Pakistan, like most countries, reacts very badly to public attempts to force its hand. It is likely to respond by showing how it can truly undercut our position in Afghanistan.

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