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What is India hiding in Kashmir?

“Human rights violations in Kashmir perpetrated by Indian army with legal immunity dwarf in scale the violations that provoked international humanitarian action in other international disputes. Human rights violations in Kashmir have been documented by all international and neutral human rights organization. Very recently, it was also documented in the United Nations report issued by the High Commissioner on Human Rights. The High Commissioner urged India to allow the United Nations delegation to visit Kashmir to asses the situation. But India does not allow such a delegation to visit Kashmir. It clearly shows that India has something to hide. May be, India does not want the world powers to know the following: tens of thousands indiscriminately slaughtered and countless rapes, abductions, custodial disappearances, arbitrary detentions, arsons, and brutal suppression of peaceful political protest,” this was conveyed in a message to the conference attendees of Pakistani American Society of New York (PASNY) by Syed Ali Geelani, Chairman, All Parties Hurriyet Conference, Jammu & Kashmir. The Indian army is involved in serious war crimes. They open fire on unarmed civilians at their will because they have been given immunity under draconian laws, like Armed Forces Special Powers Act. (AFSPA). We demand an inquiry into these war crimes by a neutral agency, like the United Nations, Mr. Geelani added. He insisted that the movement in Kashmir is indigenous, popular and people’s movement and rejected the notion that it is Pakistan sponsored. Speaking as a guest speaker, Dr. Ghulam Nabi Fai, Secretary General, World Kashmir Awareness Forum reminded the audience of the injustice, tyranny and inhumanity of the Indian military as it occupies Kashmir. He cautioned that at this moment in our historic struggle for self-determination, the Kashmiri people with poise, confidence and unity are taking their inalienable struggle in a new direction of non-violence and peaceful agitation.

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History should not imprison the future of Kashmir

Human rights work in tandem with Kashmir peace initiatives. The two do not war with one another. The idea that suppression of human rights promotes peace is discredited by all history, including that of Kashmir. The denial of freedom of speech, association, religion, due process, equal justice, and self-determination in Kashmir has sabotaged peace, not boosted its chances. Ditto in the past for East Timor, Slovenia, Croatia, Bosnia, Macedonia, Kosovo, Southern Sudan and etc. The people of Kashmir no less demand dignity and respect than do other peoples. History should not imprison the future, but neither can it be ignored in assessing the justice and morality of aspirations. A brief chronicling of Kashmir’s history will enlighten understanding of its current plight and viable solutions.India’s so-called “democracy” in Kashmir resembles Myanmar’s patently bogus democracy. The recent nationwide Panchayat (local bodies) elections are emblematic. Let me review the stunning voter boycott statistics from Srinagar and its surroundings on October 15, 2018. The Economic Times reported on October 18, 2018 that when the time for voting had ended, the turnout for the final phase of elections, which was held only for two municipal bodies in Kashmir, remained low as usual at 4.2 per cent. These boycott figures are not aberrational but typical. They represent a stunning vote of no confidence by the Kashmiri people in their current illegal governance by India. The peace process and human rights in Kashmir cannot be separated. They will succeed or fail together. We hope we can count on the moral suasion and conscience of the world leaders to push success forward.

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Need for Reconciliation with Justice: Babri Demolition and aftermath

Post from India: by Ram Puniyani In a recent judgment, the Supreme Court in a 2-1 majority verdict refused to refer the Dr. Faruqui verdict to Constitution bench. This said verdict had stated that Mosque in not an essential part of Islamic practice. In recent judgment the dissenter judge felt that matter needs to be referred to the seven judge Constitution bench. There was a feeling that “mosque not being a part of essential Islamic practice” might have had an impact on the 2010 Allahabad Court verdict which had divided the Babri mosque land into three parts, Sunni Waqf Board, Ram Lalla Virajman and Nirmohi Akahada. The argument in favor of the Faruqui case was that Namaz can be offered in an open place as well so mosque is not an essential part of Islamic practice. On the other side the argument is; worldwide there are so many mosques, why are mosques there if this is not a part of Islamic practice? Surely this point did deserve a deeper consideration as it has larger implication on the society. Now the path is paved for the hearing of the land dispute related to Ayodhya case. Though the Allahabad High Court had divided the land into three parts, the basis of that were not the land records but the faith of large number of Hindus; that Lord Ram was born there. How do we solve land disputes; through land records or through the faith of the people? This faith has been an outcome of the political campaign for Ram temple orchestrated by RSS combine, led initially by VHP and later by BJP. Can this faith determine the direction of our judicial system? As far as claims of Ram Temple having been destroyed there over five centuries ago is very doubtful. One recalls that the time when Ram Temple is supposed to have been demolished, one of the biggest devotees of Lord Ram, Goswami Tulsi Das, was living in Ayodhya. He never recorded it in any of his writings. On the contrary Tulsi Das, in one of his couplets writes that he can very well live in a mosque. The faith that Lord Ram was born there has been constructed over a period of time, intensified during last few decades. Nation witnessed the journalists being beaten and their cameras being broken when they were recording the act of crime. Surely, the crime of demolition must be punished. Second; the land dispute needs to be sorted out on the basis of land records. The land has been in possession of Sunni Waqf Board from centuries. In 1885, the Court did not permit the Hindus for Construction of Chabutara (platform), in the land adjoining the mosque. Even now the land records should be clear on the issue. There are attempts by some to bring in ‘Peaceful solution’ ‘out of Court settlement’ to the issue. Some of these initiatives are totally articulating what RSS combine wants. They are asking Muslims to forgo their claim on the land to let the temple come up there. In lieu of that they will be given the land to build the mosque somewhere else. There are also threats that through a legislation of the Parliament a Temple will be constructed there, when BJP gets suitable majority. Reconciliation is a process where both parties are listened to and with some ‘give and take’ issue is undertaken for resolution. This formula to give up all the land for temple construction is very high handed attempt to brow beat the Muslims into a total submission. What we need is an honest attempt to punish the guilty and abide the law to solve the problem. There can’t be peace without justice. The crime of Babri demolition is being presented as ‘Hindu Shaurya Divas’ (Hindu Bravery Day) by RSS combine. As such it a shame for our democracy! It is an outcome of the divisive communal politics, throwing our society in to dark abyss of stagnation and diversion. Our core issues relate to bread, butter, shelter and employment. The RSS combine has built its social and political strength around emotive issues like Ram Temple and Holy Cow at the cost of the genuine issues of society. We do need to built hospitals and schools; we do need to build industries for giving employment. Ayodhya issue coming up at the time of forthcoming elections is so unfortunate. Rather than discussing the core issues of society, what will at center stage will be the question of Temple and Mosque! How we as a nation can bring back the people’s agenda should be the central concerns for all those committed to march towards society with equality as the central focus.

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What to believe in: RSS Words or deeds?

Post form India: Ram Puniyani. Do organizations say what they intend to do? Not necessarily. This came out clearly from the three long lectures by RSS Sarsanghchalak Mohan Bhagwat. The event was supposed to be a dialogue, but the maximum of dialogue one could see was his answering few questions at the end of lectures. This normal practice of answering the questions was underlined strongly, as probably this must have been novel thing for this organization. So has RSS changed? In case of most of the organizations, they should be judged by their actions, or by the outcome of activities and the programs of the organizations which come into being due to RSS ideology. That’s what will tell us the true character, real agenda of RSS and help us assess why a pleasant face is being presented now? One must say that RSS, as it has got renewed confidence during last four years is now trying to spread its net by mouthing liberal language. This velvet glow is the contribution of Mr. Bhagwat to the deepening divide created in the society due to the all round work of the progeny of RSS, which while sounding independent is totally loyal to the trainings it got while attending shakha baudhhiks. So we know that when the Jansangh component of Janata Party was asked to severe its links with RSS, they preferred to break the party and reemerge as BJP. So the late Prime Minister Vajpayee in Staten Island, while talking in front of NRI Indians reaffirmed his primary loyalty to RSS. Its respect of Indian Constitution is a sham as; for Indian Constitution; we are a secular democratic India, in contrast to Hindu nation, the soul of RSS agenda.

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Statement by Foreign Minister at the 73rd Session of the UNGA

Statement by Foreign Minister  at the General Debate of the 73rd Session of the UN General Assembly: 29 September 2018 Madam President, Excellencies, Distinguished Delegates, Ladies and Gentlemen, May I begin by felicitating Madam Maria Fernanda Espinosa Graces upon her election as President of the General Assembly.  The stewardship of this session by an accomplished leader of her ranking and stature,would undoubtedly …

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Countering Hate and Violence: What Should Indian Minorities Do?

Post from India: by Ram Puniyani The violence against religious minorities has been on the rise during last few years. Many a reports tell us not only about the overall rise in the violence but also about the portents of violence orchestrated in the name of Mother Cow and nationalism in recent times. It has increased the insecurity among the religious minorities to no end; leading to ghettotization, which has started affecting the social fabric in very adverse way. It is in this background that the efforts of Jamiat-e-Ulama Hind to start youth clubs for self defense have to be seen and assessed whether this is the right step? Maulana Mahmood Madani, the chief of the organization while telling about the efforts of his organizations gave an outline of the things to come. As per him the motto of the initiative is “to make youths capable of dealing with tough situations and help the country whenever there is a situation of crisis. He said that the outfit will provide training to the youths just like the Scouts and Guides.” Reacting to this the likes of Vinay Katiyar and spokesmen of RSS related organizations said that this may promote violence and that this is an attempt to copy RSS model, but it will not work. While Madani focused on the training like that of Boys Scouts and Guides, the self defense logic may lead it to an unwanted direction. Many a spokesmen from Muslim organizations have opposed this step of Jamiat by saying that Muslims have full faith in justice system and that giving safety and security to the citizens is the duty of the state. It’s undeniable that the feeling of insecurity among the Muslim and Christian community has seen an unprecedented rise; with the coming of Modi Sarkar to power. As such it has been RSS and its progeny which introduced the training in wielding lathi (baton), guns in a systematic way. RSS shakhas began with lathis in their shakhas. The question is that time the major problem of Indian society was with the British rule. Could they have used lathis against British? No way! It was primarily for the use within the society itself. From last few decades the Bajrang Dal and Durga Vahini have been given training in guns as well. All this has been done in the name of self defense! What comes to one’s mind is that in post independence period we have the rule of law with Indian Constitution as the fulcrum of our values. Here we have police, judiciary for protection and justice. So what justifies the program of RSS combine in so called arms training? RSS is very fascinated with arms and every Dusshera day they worship armaments. They have an exhibition of armaments. There are reports doubting whether the police have information about these armaments with RSS, while they do hold license for that. While talking of non violence; RSS has glorified the arms and indulged in training the young boys and girls in these weapons. On the top of this RSS affiliates have undertaken Trishul (trident) distributions. These trishuls, which have been distributed times and over again; have contributed to rise in hate sentiments. Trishul has religiosity associated with Lord Shiva and is blunt; while the trishuls distributed by these groups have sharp edges like knife. Legal positions apart; such ‘self defense’ organized by communities is a negative phenomenon. Dilemmas of Muslim community and organizations like Jamiat are well taken. What should be the role of minority organizations in such troubled times? There are Muslim organizations which are opposing Jamiat’s move. Community’s plight cannot be saved by training some youths in techniques of scouts and guide, neither in copying the methods of RSS combine. What is needed is to call for proper implementation of justice and policing mechanism. Most of the communal violence reports tell us about the partisan attitude of the police and the lax attitude of political parties is the main reason for violence going up and up. Justice has not been delivered in 1984 anti-Sikh massacre; it might have given the major boost to the culture of impunity. In Mumbai Sri Kirshna Commission report was not implemented, boosting the trend of where criminal can get away, innocents suffer and justice is denied. In Gujarat violence, post Godhra, which took place right under the nose of the most efficient chief minster; nearly two thousand Hindus and Muslims were done to death, while state was accomplice in the violence. The Jamiat leadership should think whether they are going in the right direction. Good intentions alone are not enough. Let’s identify the core cause of violence. It’s the Hate manufactured in society. Hate in turn has peaked to mountainous heights due to the misconceptions about the minority community enhanced lately due to abuse of social media in a systematic and planned way. Islam has been demonized as violent religion and Christians are looked down as converters. In Gujarat the travails of the likes of Teesta Setalvad, foremost human rights activist, tell us that getting justice is a humongous task. The need to counter the divisive propaganda done by our TV channels, done through section of media and spruced up by social media needs to be countered. The perceptions about our medieval period, freedom movement and all inclusive nature of Indian nationalism need to be taken far and wide. What is needed is a broad alliance of those concerned about the security and protection of human rights of all. Right to life has lately been compromised heavily. All those working for preservation and promotion of rights of citizens need to come to uphold the basic Indian ethos of pluralism and the core values of Indian Constitution. Jamiat like organizations will do better by focusing on training the youth in the abilities to counter Hate by spreading the message of peace and love, by training them in countering the prevalent misconceptions against religious minorities and against weaker sections of society.

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It seems safer in many places to be a cow than a Muslim

Post from India: by Shashi Tharoor, 22 July, 2018 [Courtesy: The Print] Home minister Rajnath Singh’s robust denial (during the no-confidence debate in the Lok Sabha) that mob lynching has got any worse under BJP rule comes hard on the heels of union minister for minority affairs, Mukhtar Abbas Naqvi, declaring earlier this month that there have been “no big communal riots” in India over the past four years. Both are wrong, of course, but it is instructive to analyze how wrong they are. Since the ascent of the BJP to power, the forces unleashed by the dominance of Hindutva have resulted in many incidents of violence. In one grim reckoning, more than 389 individuals have been killed in anti-minority acts of violence since mid-2014, and hundreds of others injured, stripped, beaten and humiliated. Particularly haunting is the story of 15-year-old Junaid Khan, returning home on a crowded train after buying new clothes for Eid, who was stabbed repeatedly because he was Muslim and thrown off the train to bleed to death on the tracks. Headlines have spoken continually of riots and killing, Hindu against Muslim, of men being slaughtered because of the mark on a forehead or the absence of a foreskin. Following the BJP’s victory in the 2014 elections, a wave of Hindu triumphalism has swept the land. In its wake have come new laws to protect cows and vociferous demands for their strict enforcement. Gau-rakshak or cow protection societies have been revived, and many have taken it upon themselves to compel compliance. In the process, not only have they taken the law into their own hands, but they have perpetrated grave crimes, including murder, in the name of protecting the cow. Seventy cases of cow-related violence have been reported in the last eight years, of which 97 per cent (68 out of 70) have occurred during the four years of BJP rule and a majority of these have occurred in BJP-ruled states. A hundred and thirty six people have been injured in these attacks and 28 killed: 86 per cent of the victims were, of course, Muslim. Many of the incidents are well known: the case of a dairy farmer, Pehlu Khan, transporting cattle legally with a license, being beaten to death on 1 April 2017 while his tormentors filmed his pleas for mercy on their mobile phones is particularly egregious. A cattle-herder in Haryana, Mustain Abbas, was murdered and mutilated a year earlier for doing his job, herding cattle. Truckers, cattle traders and alleged cow smugglers have also been killed by ‘gau rakshak’ groups. A 16-year-old Kashmiri Muslim boy was murdered for having hitched a ride on a truck that was transporting cattle. It seems safer in many places these days to be a cow than a Muslim. In 2015, when a Muslim, Mohammad Akhlaq, father of a serving Indian Air Force havildar, was lynched by a mob in Uttar Pradesh on suspicions of having killed a cow, the authorities launched a forensic investigation into whether the meat in his refrigerator was beef (it was not). The fact that the man had been killed and his son nearly beaten to death was equated with an unfounded allegation of beef consumption, as if the latter ‘crime’ could extenuate the former. Worse, when a man who was part of the lynch mob died of natural causes a few weeks later, his coffin was draped with the Indian flag and a serving union minister who attended his funeral hailed him – an unspeakable act, and coming from a high office-holder of the secular Indian state, an unacceptable one. Muslims have not been the only targets of the cow vigilantes, of course. There are also Dalits. But the communal colour that marked each of these incidents speaks to the inaccuracy of the ministers’ statements. Perhaps they would take refuge behind the assertion that these were isolated incidents rather than mass communal violence. Yet they speak of a pervasive pattern that has deeply affected society across the country. And when another minister is accused of condoning such incidents by garlanding members of a lynch-mob, society shivers. (He says these individuals were framed and are out on bail, but regrets having garlanded them: the damage, though, is done.) There is a tragic vocabulary to the analysis of communal violence in our country. A “major” communal incident is one that results in more than five deaths or leaves over 10 people injured. An incident that results in one death or 10 injured is termed as “important or significant”. Naqvi spoke of “big” communal riots, but “big” is not a term of art in our national lexicology, and it cannot be defined. “Major”, however, is surely “big”, and three “major communal incidents” have been reported during the BJP rule – Saharanpur, Uttar Pradesh in 2014, Hazinagar, West Bengal in 2016 and Baduria-Basirhat, also in West Bengal in 2017. When we move from “major”, however, to merely “important”, the number of “communal incidents” in the last four years rises to 2,920, in which 389 people were killed and 8,890 injured. My source is Rajnathji’s own government: these figures come from a reply by the home ministry to questions in the Lok Sabha. According to the government, Uttar Pradesh (UP), somewhat predictably, reported the most incidents over the last four years, a staggering 645. UP also reported the most deaths in these communal incidents (121) between 2014 and 2017, followed by Rajasthan (36) and Karnataka (35). The venues for communal rioting on the BJP’s watch have ranged from Ballabgarh, Haryana, in 2015 to Bhima-Koregaon, Maharashtra, this year. The home ministry’s National Crime Records Bureau (NCRB) collects and maintains nationwide crime records, which naturally includes riots. NCRB data confirm that over 2,885 communal riots were reported between 2014 and 2016. Many others may not have been recorded as communal; as many as 61,974 riots were reported in 2016 under Sections 147 to 151 and 153A of the IPC (the latter records cases relating to “promoting enmity on ground of religion, race and place of birth”). In 2016, 869 communal riots were reported, the largest number in Haryana (250). The figures for 2017 haven’t been released yet. More than halfway into 2018, I dread what they are likely to reveal. We have a government that seems to believe it can issue statements with utter disregard for the truth and people will believe them. This is the only explanation for the two ministers’ breathtaking assertions. It matches the Prime Minister’s claims on the economy and the government’s blandly disingenuous PR pronouncements on everything from electrification to women’s empowerment. But facts and figures matter. And the numbers simply do not add up to the picture the government seeks to portray.

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People of Kashmir: A tough nut to crack

Month of July has special significance with regard to struggle of Kashmiri people. Two events “Martyrs day” and “Kashmir’s Accession to Pakistan day” are commemorated of 13 and 19 July respectively. Martyrs' Day is observed in Kashmir and the World over in remembrance of 22 Kashmiris killed on 13 July 1931 due to reckless firing by the state forces of Dogra ruler. On that day Kashmiris were peacefully agitating outside the Central Jail Srinagar, where an innocent Muslim Abdul Qadeer was being tried on the charge of terrorism and inciting public against the Maharaja of Kashmir. They were buried in the compound of Kanqah-i-Maula. The place is since known as Mazar-i-Shuhada (Tomb of Martyrs). So, Indian strategy of mixing up terrorism with legitimate struggle of Kashmiri people predates India’s independence from the British Raj. A historic resolution was passed unanimously by the people of the Muslim-dominated state in a meeting of the All Jammu Kashmir Muslim Conference held at the residence of Sardar Muhammad Ibrahim Khan, the founder President of AJK on July 19, 1947 at Aabi Guzer in Srinagar demanding the then Dogra rulers to materialise the accession of the Jammu Kashmir state to Pakistan honouring the decision and the categorical viewpoint of the majority population of the Muslim-majority Jammu & Kashmir state. This day is marked as “Kashmir’s Accession to Pakistan day". Awareness about plight of Kashmiris is picking up momentum. And powerful voices are now worried about HR violations in Kashmir. The latest in joining the ranks of those expressing serious concern over quandary of religious minorities, in India, is the US State Department, which showed its disappointment over refusal of the Indian Government in allowing a delegation of the US Commission on International Freedom to visit the country to have first-hand knowledge of trampling of human and fundamental rights in India. This is for the third time that the delegation has been denied visas and the motives are quite understandable. And only recently, the UN Human Rights Council has documented details of what is happening with Kashmiris, urging the UN General Assembly and Security Council to take up the issue seriously. Though India claims to be the biggest democracy and champion of secularism, its denial of access to the outside world clearly means it has something to hide. National Prosecuting Authority (NPA) of South Africa has confirmed that it will be investigating Indian Prime Minster Narendra Modi for his involvement in war crimes and HR violations in Kashmir. Fast Forward 2018: Kashmir continues to be occupied by India against the will of Kashmiri people. Indian Occupied Kashmir is burning. Hundreds of Kashmiri men, women and children have been killed over the past two months; more than 150 civilians have been blinded by the use of lethal pellet guns; and more than 10,000 men, women and children have been seriously injured because of the indiscriminate firing by occupying Indian forces. While Indian claims that pellet guns are non-lethal, the Doctors Association in Kashmir has clearly said that the embedded pellets in the bodies of the victims were causing fatal lead poisoning and put pregnant women at serious risk. Further, the toxic lead deposits in children’ bodies would stunt their growth. Kashmiris in IoK are under siege in their own land. The use of sexual molestation and rape, as an instrument of state terror, is a norm. Peaceful demonstrations are a crime, political meetings are banned and true representatives of Kashmiri people had been incarcerated. There are prolonged curfews and mobile telephone and internet blackouts in IoK. Indian occupation forces in the occupied territory are hunting down innocent citizens involving draconian black laws. Today, hundreds of thousands of Kashmiris are campaigning against the Indian repression to attain freedom and realization of their right to self-determination. Now two years after the martyrdom of Burhan Wani, his legacy for struggle for self-determination lives on. Martyrdom of Burhan Wani has infused new vigour in the indigenous freedom struggle of innocent Kashmiris who have been fighting for their right of self-determination for almost seven decades. Burhan Wani’s martyrdom has handed down the baton of freedom struggle to the youth of Kashmir, a fact recognized by a recently released report by the Office of the High Commissioner for Human Rights (OHCHR). In a recent Conference, President Azad Jammu and Kashmir, has appealed to the Canadian lawmakers to develop a bipartisan approach for the promotion and protection of human rights of Kashmiris in IoK. He made this appeal to the Canadian Senate and the House of Commons while addressing a Kashmir Conference at Hamilton, Canada, organized here by the Pakistan Business Association of Hamilton. He especially urged the Human Rights Committees of the Canadian Senate and the House of Commons to take note of the report on the human rights situation in IoK recently released by OHCHR, discuss it and support its recommendations. He highlighted two of the reports’ recommendations, namely, the establishment of a Commission of Inquiry by the Human Rights Council to ascertain facts on the ground and repeal of two draconian laws – Armed Forces Special Powers Act and the Public Safety Act. The Conference was also addressed by Scott Duvall, Member of Canadian Parliament, Ken Stone of the Hamilton Coalition to Stop the War, Mr. Chris Macleod of Cross Border Litigation Group, and Dr. Zafar Bangash, Chairman of the Friends of Kashmir Committee. Scott Duvall, MP, said that he would take back suggestion for focus on Human Rights Council’s Kashmir report in the Human Rights Committee of the House of Commons. Chris Macleod endorsed the idea that more attention must be given to the human right’s situation in IoK and in this regard the Human Rights Committees of the Canadian Senate and the House of Commons should play a role. Ken Stone said that the Kashmir Conference has been convened to hear the cries of the Kashmiris struggling against denial of self-determination in IoK. He said that in early 2017 he had visited Azad Kashmir and had found it to be truly free. In Azad Kashmir, unlike IoK, there was no presence of the Army in cities and towns, no gun-toting soldiers, no barricades and no sign of the people of AJK being repressed. Despite India’s state terrorism and savage oppression, the people of Kashmir and Pakistan believe in peaceful means and would continue to urge India to resort to dialogue and diplomacy. It is the responsibility of the UN and international community to avert a major war over Kashmir, which is a grave and potent risk. India should renounce the path of terrorism and violence and come back to diplomacy to resolve this issue within the political parameters defined by the UN Security Council Resolutions. Back in 1949, Canada’s General AGL McNaughton, in his capacity as President of the Security Council, had played an active role in the resolution of the dispute and on 22 December 1949 had proposed an impartial plebiscite in the territory to determine the future of Jammu and Kashmir and settle the dispute in accordance with the freely expressed will of its inhabitants. Stone said “occupation is a crime from Kashmir to Palestine”. And that solution given by the UN Security Council mandating a plebiscite to allow Kashmiris to determine their political future was the most viable, prudent and practicable dispensation. India is continuing occupation of IoK and brutalization of the Kashmir people in its attempts to illegally integrate the Occupied Kashmir to the Indian State. The Kashmir Conference also passed a resolution which unanimously calls on the UN to assume its responsibility to organize the Kashmir plebiscite under its supervision; and urges the UN to investigate all massacres, gang rapes, fake encounters, forced disappearances and wilful blinding of the Kashmiris. The resolution also called upon India to cease forthwith all human rights violations in IOK; and called on its government to allow UN/ independent investigations into the human rights situation in IoK; and to withdraw all its troops including armed constabulary from Jammu and Kashmir, particularly from cities, towns and villages. The world must break the cycle of appeasement of India. While the world, especially the western countries know fully well that Indian occupation forces are on a murderous rampage in the IoK and are committing crimes against humanity there, even then, the majority of the western nations have chosen to be silent on the issue or look the other way. This encourages and rewards Indian impunity in IoK and is tantamount to complicity in the Indian crimes. Moreover, plebiscite is not a dated instrument; Canada has recently held a plebiscite in Quebec.

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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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