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Tag Archives: Plebscite

Indian brutalities in Occupied Kashmir: A failure of the UN

Pakistan has always pursued the matter at the UN. Kashmir issue was raised at international level five times in 10 days preceding the Black Day. Human Rights violations of the Kashmiri people have been repeatedly documented by independent human rights observers, the most significant among them being the UN High Commissioner for Human Rights, who issued a report in June on the situation in Indian Occupied Jammu and Kashmir (IoK). Pakistan has endorsed the Report’s recommendations. And has renewed its call for the UN to set up a ‘Commission of Inquiry’ (COI) to investigate the grave human rights violations in IoK, as recommended by UN High Commissioner for Human Rights. “We endorse the report’s recommendations that a UN Inquiry Commission be constituted to investigate and redress the gross violations of the human rights of the Kashmiri people,” Ambassador Maleeha Lodhi recently told the General Assembly’s Third Committee, which deals with social, humanitarian and cultural questions. British Member of the European Parliament (MEP) Julie Ward has said human rights violations in IoK are a matter of great concern for the British people as well as the whole world. Ward said the occupied valley is the most militarized area in the world where human rights violations by the occupying forces happen on a daily basis and have sadly become part of the local population’s day-to-day life. “Pellet guns are used indiscriminately against protesters and bystanders during street demonstrations. The Indian army appears to be particularly targeting the eyes of the victims, which ends up in blindness in many cases”. Ward has raised the issue of human rights violations many a time. “I have also spoken twice in the UN Human Rights Council on the issue of women victims of violence in Kashmir. The latest developments in the valley are of particular concern for those who are worried about women rights,” she said. The Kashmir issue is very much alive at the UN and will remain alive until it is resolved according to the wishes of the people of Kashmir and UN Resolutions. Though the BJP government is ready to go to any lengths to suppress the popular uprising for freedom. However, it would never succeed in suppressing the Kashmiri freedom. The dark night that began on 27 October 1947, with India sending occupation forces continues; but while India could physically and illegally occupy territory it could not occupy hearts and minds. Brave people of Kashmir have resisted occupation for over 70 years and continue to do so. Pakistan has reaffirmed that the Jammu and Kashmir dispute will remain on the UN agenda until the Kashmiri people are allowed to exercise their will, according to the agreed method prescribed by the Security Council. Right to self-determination is sanctified in the very foundations of the United Nations. Yet, for countless people, the promise of freedom remains elusive. Three principles circumscribe the methodology for expression of right of self-determination: the right must be exercised freely and without the threat or use of coercion or repression; the right must not and cannot lapse with the passage of time; and, the legitimate struggle of peoples to self-determination must not be obfuscated or eclipsed by efforts to conflate it with terrorism.

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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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War of words must stop between New Delhi & Islamabad

Mail From Dusseldorf, Germany: by Dr. Ghulam Nabi Fai The history affirms that almost all international conflicts were resolved not in the battlefield but on the negotiating table. The people of Kashmir were heartened to know that foreign ministers of India & Pakistan have shown their willingness to meet in New York during the current session of the United Nations General Assembly. But their dreams were shattered when Government of India unexpectedly announced the cancellation of talks. The leadership of both India and Pakistan must show their statesmanship for the sake of peace and security of the region and beyond. The reckless statement of Indian Army Chief General Bipin Rawat, “We need to take stern action to avenge the barbarism that terrorists and the Pakistan Army have been carrying out. Yes, it is time to give it back to them in the same coin…But I think the other side must also feel the same pain” was immature and will not pave the way for a better understanding between these two neighboring countries. Such rhetoric needs to stop. We are mindful that the United Nations as well as the world powers urge both India and Pakistan to initiate talks to resolve their differences. But if there is no change in the mindset, outlook and thought processes, then to expect breakthrough in talks is to ask for a miracle.

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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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Kashmir conflict over to Trump

During his recent visit to Indian Occupied Kashmir (IoK), Prime Minister Narendra Modi was welcomed by massive civilian protests in the region, reflective of Kashmiri peoples’ aspirations with regard to false Indian claims on the territory, and ongoing repressive measures by India occupation forced. While inaugurating a tourism based Chenani-Nashri tunnel, Modi asked the youth of Kashmir to choose between …

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Tribute to victims of pallet shooting in Indian Occupied Kashmir

Tribute to victims of pallet shooting in Indian Occupied Kashmir. A Kashmiri artist, Mir Sohail, revisits poster of a 1960s movie "Kashmir- Ki- Kalli" to pay tribute to victims of pallet shooting in India Occupied Kashmir. Over 100 Kashmiris have lost either one or both eyes to pallet shooting by Indian occupation forces to disperse peaceful processions in the ongoing struggle of Kashmiri people, for exercise of their right of self determination through UN supervised plebiscite , as granted by UNSC resolutions; with nearly a dozen back-up UNSC resolutions; latest being in 1998.

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Kashmir inferno continues!

The Kashmir inferno continues

Over hundred youth have lost they one or both eyes due to the pallet shooting terror. Indeed the Kashmir inferno continues unabated. Pakistan gave a shut-up call to India saying it has no right to decide the future of Kashmir. Adviser on Foreign Affairs Sartaj Aziz said, on July 24 that the “verdict on the future of Kashmir” can only be given by the “people of Kashmir not by the external affairs minister of India”. UNSC has promised them the right to determine their future. These comments came after his Indian counterpart Sushma Swaraj accused Islamabad of an ‘unabashed embrace of terrorism’ and warned its stated goal of detaching Kashmir from India ‘will not be realised to the end of eternity’. Sushma’s diatribe was targeted directly at Prime Minister Nawaz Sharif who told a rally in Azad Jammu and Kashmir that the occupied Kashmir would soon become part of Pakistan. Sushma said: “All of Kashmir belongs to India,” as the Indian forces continued to unleash a wave of terror in held Kashmir. Apparently disturbed over the recent upsurge in freedom movement in occupied Kashmir, the Indian external affairs minister repeated same untenable stance on the disputed territory which the Kashmiri people themselves have over and over again rejected. During the preceding week, Pakistan has protested against India in the United Nations and elsewhere against the blatant violation of human rights in Indian Occupied Kashmir (IOK). Indian government cannot ignore the fact that over 200,000 Kashmiris participated in the funeral prayers of Burhan in 50 different locations throughout IOK, despite strict curfew clamped in the Valley. Conflicts in places as diverse such as Kashmir, Palestine, Burma and sub-Saharan Africa have traumatized generations of young people and many have been dragged into war and radicalization. The key challenge for the United Nations is how we address young people with grievances and prevent them from being engaged in conflict. However, international community, OIC, UN and UNHRC will not come forward to resolve Kashmir issue unless Pakistan makes the Kashmir issue an important part of its national agenda. Pakistan government has to change its policies regarding India on trade and other matters to make the Indian government realize that we cannot compromise on the killing of innocent Kashmiris. The Kashmir inferno continues The Kashmir inferno continues During the past two years, there have been little signs of the Modi government applying its mind to the Kashmir issue. It has not taken up the larger dialogue which had been initiated by Prime Minister Vajpayee and followed up by Manmohan Singh. A durable resolution of the Kashmir issue requires a settlement between India and Pakistan as well as the people of Kashmir. Modi Government is persisting with its policy of resolving the issue of Jammu and Kashmir through brutal use of force, but this approach has ricocheted and produced exactly the opposite consequences – internationalization of the dispute.

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India mixes Kashmir with Balochistan

Whenever Kashmir conflict begins to pressure India, it invites Baloch dissents and provides them requisite logistics & platform to malign Pakistan. As part of this campaign “Times of India” carried a lengthy interview of self-styled Professor Naela Quadri Baloch on May 02. She said about Baloch insurgency: “It is freedom struggle; we were occupied by Pakistan on March 27, 1948 and ever since we have been fighting against Pakistan to free ourselves. Balochistan was never a part of India or Iran or Afghanistan or any other country. Balochistan was always independent. So an independent country was occupied.” To a question as to how Balochistan’s freedom struggle is different from the separatist movement in Kashmir, she said: “Kashmir was never a country; it was a princely state under a Maharaja. Kashmir was always a part of greater India. It is an established fact that the northern areas of Balochistan including Bolan Pass, Quetta, Nushki and Naseerabad were leased out to Britain, which were later named as British Balochistan. However, more importantly, the Khan of Kallat had voluntarily acceded to Pakistan.The 13th OIC Summit, held in Istanbul from 10-15 April, called on India to implement pending UN Security Council resolutions on Jammu and Kashmir, and called upon the United Nations for implementation of the Security Council’s relevant Resolutions on Kashmir. It called upon India to allow the OIC Fact Finding Mission and the international human rights groups and humanitarian organizations access to IOK. Indian leadership needs to recognize the Kashmir is Kashmir and Balochistan is Balochistan. The difference is well understood by the comity of nations. Such Indian gimmicks would neither make Kashmir a part of India nor would stall China Pakistan Economic Corridor.

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