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Tag Archives: United Nations

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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Talks Can Diffuse the Tension Between India & Pakistan

There was a high level of optimism when India and Pakistan announced on September 20, 2018 to meet in New York on the sidelines of the current session of the United Nations General Assembly. But the dreams were shattered when Government of India unexpectedly announced the cancellation of these talks. Major international and neutral human rights agencies have documented harrowing human rights violations committed by Indian military and paramilitary forces. The draconian laws, like ‘Armed Forces Special Powers Act (AFSPA) grants virtual legal immunity to any type of war crimes against humanity perpetrated in Kashmir. Human rights atrocities committed against civilian population are commonplace, world powers need to endorse the recommendations of the report submitted by the United Nations High Commissioner on Human Rights for an impartial investigation about the situation in Kashmir.

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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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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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The UN should not remain passive in the face of human wrongs in Kashmir

Mail from Washington: by Dr Ghulam Nabi Fai Kashmir is one of the most idyllic setting in the world. A picturesque valley located between Pakistan, India, Afghanistan, China and with a small strip of 27 miles with Tajikistan and Kyrgyzstan. Kashmir is a natural paradise. The history of the freedom of Kashmir dates back 1931 when the people of Kashmir, both Hindus and Muslims initiated a freedom movement against the then Maharaja (Ruler) to have their own indigenous rule in Kashmir. The resentment of the people led to the ‘Quit Kashmir’ campaign against the Maharaja in 1946. Faced with the insurgency of his people, the Maharaja fled the capitol, Srinagar, on October 25, 1947 and arranged that India send its army to help him crush the rebellion. India, coveting the territory, set the condition that Maharaja must sign an ‘Instrument of Accession’ to India. At the same time, India had to attach another condition that accession was made subject to ‘reference to the people.’ On India’s showing, therefore, the accession has a provisional character. Then India brought the dispute to the United Nations where the Security Council discussed the question exhaustively from January to April 1948. It was agreed upon by the Governments of India and Pakistan and approved by the international community that the dispute over the status of Jammu & 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 By adopting a number of resolutions from 1948 to 1962 reaffirming the principle of free choice for the people of Kashmir, the Security Council – and, therefore the United Nations – has assumed a moral responsibility to ensure that conditions in Kashmir will permit the exercise of that choice. To disown that responsibility would expose the world organization to the charge of making hollow promises and, indeed, deceiving a population which is larger than that of many Members of the United Nations individually. The people of Kashmir never lost hope either in the United Nations as the custodian of human rights, or in their demand to exercise the right of self-determination. The scale of the popular backing of the uprising in Kashmir can be judged from the established fact, that on many occasions during the month of July-August 2018, virtually the entire population of Srinagar and major towns in the Valley came out on the streets in an unparalleled demonstrations to protest the attempt by the Government of India to scrap the Article 35 A of the Indian constitution which gives the special rights and privileges to the state subject of Jammu and Kashmir. Article 35 A also bars foreigners to buy the land or to acquire immovable property, etc. in the State. The Joint Resistance Leadership and other legal, religious and business fraternities believe that the abrogation of this constitutional provision is a conspiracy to change the demographic composition of the state. However, the Supreme Court of India adjourned the hearting of Article 35-A till August 27, 2018. In response to the peaceful and massive demonstrations, much inhumanity, continuous violations of basic rights, frequent massacres, constant fear, hunger and misery – these are the gifts of Indian occupation to the people of Kashmir. For the populous South Asian subcontinent, the Kashmir situation entails recurrent possibility of disaster and nuclear war. There is a way to bring these atrocities to an end. The way is that the Secretary General of the United Nations uses its moral and legal authority to reinvoke peaceful dialogue between the Governments of India & Pakistan along with the legitimate representatives of the people of Kashmir for the final settlement of the dispute. The Charter of the United Nations empowers the Secretary General of the United Nations to bring any matter which may threaten the maintenance of internal peace and security to the attention of the Security Council. In consistence with the universally accepted principle that no situation should be allowed to escalate to a point of no return and that the United Nations should not remain passive in the face of human wrongs being committed on a vast scale, the people of Kashmir expect the Secretary General will not hesitate to exercise his discretion and put the Kashmir issue on the active international agenda. Should the Secretary General feel that the factual data at his disposal does not justify the use of his power under Article 99 of the UN Charter, we respectfully propose that the Secretary General urgently dispatch a special representative of high international standing to India and Pakistan who should visit both parts of Kashmir and report back to the Security Council the facts of the situation. In fact, ‘United Nations High Commissioner on Human Rights’ has also recommended to send a fact-finding mission to Kashmir to assess the situation there. If India feels that it has nothing to hide, it should welcome such action. We feel confident that the Secretary General of the United Nations will not encourage any party to an international dispute which has been taken cognizance of by the United Nations to circumvent and rebuff the world organization. It should be one thing for the United Nations to remain inactive if an alternative and credible peace process were in motion. It is another when not even the beginning of an effort towards arriving at a settlement bilaterally between the parties or through mediation by friendly governments is visible. To put it plainly, the present situation is that the United Nations is allowing its resolutions to be dishonored and the people of Kashmir to be condemned to systematic destruction. The people of Kashmir deserve better.

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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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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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Booted out from Doklam, India meddles in Gilgit-Baltistan

Districts of Gilgit Baltistan

After a humiliating set back in Doklam to disrupt One Belt One Road (OBOR), India has shifted its focus on impeding China Pakistan Economic Corridor (CPEC) by fermenting unrest in Gilgit-Baltistan(GB). Importance of GB territory shot up in 1984 with the opening of the Karakoram Highway and this region's population came to be more connected with mainland Pakistan. With the improvement in connectivity, local population availed opportunities of getting educated in the rest of Pakistan. Improved connectivity also allowed broader socio-political development. Political parties of Pakistan and Azad Kashmir were able to setup local branches, and raise political awareness in the region. Root-taking by these political entities have played a laudable role in organizing a movement for democratic rights among the residents of GB.Rather than making efforts to have political engagement in Kashmir and truly follow the oft repeated assertion of Prime Minister Narendra Modi to emulate Atal Bihari Vajpayee’s doctrine based on “Insaniyat, Jamhooriyat and Kashmiriyat”, all those forces who are promoted and patronized by New Delhi are adding fuel to the fire. Pakistan has set an example by following a principled approach towards managing its GB region politically, India could learn a lot from this model.

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India is mother of terrorism

Better late than never, Pakistan has taken a bold initiative to call the spade a spade by linking terrorism in Asia with India's state policy.http://webtv.un.org/watch/pakistan-2nd-right-of-reply-/5584625488001/

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