Observance of Black Day in Kashmir on the eve of Indian Republic Day By Sajjad Shaukat (JR124SS18)

Observance of Black Day in Kashmir on the eve of Indian Republic Day By Sajjad Shaukat (JR124SS18)

On the one side, every year, 26th of January, is being celebrated by India as the Republic Day while, on the other side, the day is being observed by the Kahmiris on both side of the Line of Control (LoC) and all over the world, including their Pakistani brethren as the Black Day in protest against Indian illegal occupation of Kashmir.

This time, this very day has come at time when the people of Kashmir have accelerated their legitimate struggle in the aftermath of the martyrdom of the young Kashmir leader Burhan Wani by the Indian security forces in the Indian Held Kashmir in wake of continued sieges, prolonged curfews, arrests and detentions of the Kashmiri leaders. Since July 8, 2016, Indian forces have martyred more than 1500 innocent persons who have been protesting against the martyrdom of Burhan Wani.

During the partition of the Sub-continent, the people of the State of Jammu and Kashmir (J&K) which comprised Muslim majority decided to join Pakistan according to the British-led formula. But, Dogra Raja, Sir Hari Singh, a Hindu who was ruling over the J&K in connivance with the Indian Prime Minister Jawaharlal Nehru and Governor General Lord Mountbatten joined India.

The design to forcibly wrest Kashmir began to unfold on August 16, 1947, with the announcement of the Radcliffe Boundary Award. It gave the Gurdaspur District—a majority Muslim area to India to provide a land route to the Indian armed forces to move into Kashmir. There was a rebellion in the state forces, which revolted against the Maharaja and were joined by Pathan tribesmen. Lord Mountbatten ordered armed forces to land in Srinagar.

However, Indian forces invaded Srinagar on October 27, 1947 and forcibly occupied Jammu and Kashmir in utter violation of the partition plan and against the wishes of the Kashmiri people.

When Pakistan responded militarily against the Indian aggression, on December 31, 1947, India made an appeal to the UN Security Council to intervene and a ceasefire which ultimately came into effect on January 01, 1949, following UN resolutions calling for a plebiscite in Kashmir.

It is notable that the Security Council adopted resolution 47 (1948) of 21 April 21, 1948, which promised a plebiscite under UN auspices to enable the people of Jammu and Kashmir to determine whether they wish to join Pakistan or India. On February 5, 1964, India backed out of its promise of holding plebiscite. Instead, in March 1965, the Indian Parliament passed a bill, declaring Kashmir a province of India-an integral part of the Indian union.

The very tragedy of Kashmiris had started after 1947 when they were denied their genuine right of self-determination. They organised themselves against the injustices of India and launched a war of liberation which New Delhi tried to suppress through various forms of state terrorism.

Passing through various phases, the struggle of Kashmiris which has become an interaction between the Indian state terrorism led by the Indian security forces and war of liberation by the freedom fighters keeps on going unabated.

It is mentionable that since 1947, in order to maintain its illegal control, India has continued its repressive regime in the Occupied Kashmir through various machinations. In this regard, as already mentioned that India forcibly occupied Kashmir in gross violation of the “Partition Plan of the Indian Subcontinent, but, through the so-called-Instrument of Accession of October 27, 1947 which is illegal, and remains controversial, New Delhi justifies its hold on the Kashmir.

Nevertheless, various forms of state terrorism have been part of a deliberate campaign by the Indian army and paramilitary forces against Muslim Kashmiris, especially since 1989. It has been manifested in brutal tactics like crackdowns, curfews, illegal detentions, massacre, targeted killings, sieges, burning the houses, torture, disappearances, rape, breaking the legs, molestation of Muslim women and killing of persons through fake encounter.

According to a report on human rights violations in the Indian Occupied Kashmir, since 1989, there have been deaths of 1,00000 innocent Kashmiris, 7,023 custodial killings, 1,22,771 arrests, 1,05,996 destruction of houses or buildings, 22,776 women widowed, 1,07,466 children orphaned and 10,086 women gang-raped/molested. Indian brutal securities forces have continue these atrocities.

In fact, Indian forces have employed various draconian laws like the Jammu and Kashmir Disturbed Areas Act, and the Armed Forces (Jammu and Kashmir) Special Powers Act and Public Safety Act in killing the Kashmiri people, and for the arbitrarily arrest of any individual for an indefinite period.

Besides Human Rights Watch, in its various reports, Amnesty International has also pointed out grave human rights violations in the Indian controlled Kashmir, indicating, “The Muslim majority population in the Kashmir Valley suffers from the repressive tactics of the security forces”.

In its report on July 2, 2015, the Amnesty International has highlighted extrajudicial killings of the innocent persons at the hands of Indian security forces in the Indian Held Kashmir. The report points out, “Tens of thousands of security forces are deployed in Indian-administered Kashmir…the Armed Forces Special Powers Act allows troops to shoot to kill suspected militants or arrest them without a warrant…not a single member of the armed forces has been tried in a civilian court for violating human rights in Kashmir…this lack of accountability has in turn facilitated other serious abuses…India has martyred one 100,000 people. More than 8,000 disappeared (while) in the custody of army and state police.”

In this respect, European Union has passed a resolution about human rights abuses committed by Indian forces in the Indian held Kashmir.

It is of particular attention that in 2008, a rights group reported unmarked graves in 55 villages across the northern regions of the Indian-held Kashmir. Then researchers and other groups reported finding thousands of mass graves without markers. In this respect, in August, 2011, Indian Jammu and Kashmir State Human Rights Commission officially acknowledged in its report that innocent civilians killed in the two-decade conflict have been buried in unmarked graves.

Foreign sources and human rights organisations have revealed that unnamed graves include those innocent persons, killed by the Indian military and paramilitary troops in the fake encounters including those who were tortured to death by the Indian secret agency RAW. In the recent past, more unmarked graves have been discovered.

It is worth-mentioning that report of the United Nations High Commissioner for Human Rights (OHCHR) released on June 14, 2018-“Situation in Kashmir” pointed out Indian atrocities in the Indian Occupied Kashmir (IOK). It said: “From July 2016, the High Commissioner for Human Rights has on numerous occasions requested the Governments of India and Pakistan that his Office be given unconditional access to Kashmir to assess the human rights situation. India rejected this request; while Pakistan offered access…The refusal to allow unhindered access to United Nations team into Indian-Administered-Kashmir gave rise to an idea of “Remote Monitoring”. The report was then compiled by doing “remote monitoring” on the situation of Human Rights in Kashmir. The report by the independent authority is an eye-opener for many. The focus of the report is on the situation of human rights in the Indian state of Jammu and Kashmir from July 2016 to April 2018. During this period ‘OHCHR’ received reports of allegations of widespread and serious human rights violations by Indian security forces that led to numerous civilian casualties.

It is noteworthy that in his address at the 73rd United Nations General Assembly (UNGA) on September 29, 2018, Pakistan’s Foreign Minister Shah Mehmood Qureshi said, “The neighbouring country [India] rejected the Pakistani offer of resuming peace talks on ‘flimsy grounds…We are ready to talk to India on all issues but with respect…Kashmir issue is the biggest obstacle to regional peace…the Indian forces subjecting Kashmiris to atrocities for seven decades. India should not test Pakistan’s patience…we will respond to Indian aggression…The latest UN report on the occupied Kashmir has exposed Indian atrocities on innocent civilians…the meeting between the Pakistani and Indian foreign ministers would’ve been a great opportunity for dialogue. But, the Modi government chose politics over dialogue…India would have to bear the brunt of Pakistan’s retaliation if it makes the mistake of any misadventure on the Line of Control (LoC)”.

It is also of particular attention that pointing out June 14 [2018] UN report that calls for the establishment of a ‘commission of inquiry’ to investigate the grave human rights violations in Indian Occupied Kashmir, United Nations Secretary-General Antonio Guterres expressed the hope on January 18, this year that Pakistan and India would be able to engage in a “meaningful dialogue” to resolve their disputes. The report also emphasised that a dialogue includes the people of Kashmir to resolve their problem. Guterres said that he has been offering his good offices in relation to the dialogue between the two countries that until now had no condition of success.

Some online authentic sources suggest that recent wave of Kashmiri intifada has witnessed repression of Indian armed forces; large numbers of the dead and injured have been youngsters. The pellet guns used by security forces have damaged the faces of 1600 people and more than 1100 people have partially or wholly lost their eyesight making 2016 as the year of dead eyes.

In 2017, reports also disclosed that Indian security forces have also used chemical weapons against the Kashmiri civilians in violation of international law and Universal Declaration of Human Rights.

Due to mounting causalities in IOK, Indian security forces have started giving collective punishment to Kashmiri civilians. In a development on July 4, 2017, the Indian Army had destroyed houses in Pulwama and killed 3 Kashmiri civilians. Upon recovery of the bodies, it was discovered that they were burnt beyond recognition. 

Sources report that Indian Army is emulating Israeli tactics by using white phosphorus bombs to destroy houses of Kashmiris suspected of harboring Mujahideen. The same tactics was used by Israel during its attacks on Gaza and it seems that these weapons have been provided by Israel to India for use in IOK.

As a matter of fact, Indian authorities are not willing to talk with Kashmiri people on political grounds. New Delhi reached to a conclusion that only bullet is the right way of dealing with Kashmiris, demanding their right of self-determination. Surprisingly, Indian successive governments are trying to ignore the dynamics of the freedom movement of Kashmiris for the sake of their alien rule.

Failed in suppressing the Kashmir movement, Indian central government imposed President’s rule in Jammu and Kashmir which started from December 20, 2018. The main purpose is to accelerate atrocities on the Kashmiris who are demanding their genuine right of self-determination.

And New Delhi is still showing its intransigence in order to resolve Kashmir issue with Pakistan by neglecting the fact that Kashmir remains a nuclear flashpoint between both the neighbouring countries. While, by manipulating the false flag terror attacks at a military base in Uri and Baramulla, the BJP-led Indian Prime Minister Narendra Modi has intensified war-hysteria against Pakistan.  Indian forces have continued violation of the LoC) by shelling in Pakistani side of Azad Kashmir and Pakistan’s Army has been compelled to give a matching response. New Delhi’s main aim is to deflect the attention of the international community from the new phase of Kashmiri Intifada, while in this regard; pressure has been mounting on the Modi government both domestically and internationally to resolve the dispute of Kashmir with Pakistan.

Notably, Egbert Jahn in his book, “Kashmir: Flashpoint for a Nuclear War or Even a Third World War?” has pointed out, “The Kashmir conflict is embedded in the wider conflict over the incomplete creation of nations and states on the Indian subcontinent, which during the east-west conflict even threatened at times to escalate into a nuclear world war between Pakistan and the USA on the one side and India and the USSR on the other. Until now, there have been three wars between India and Pakistan over the Jammu and Kashmir: in 1947–49, 1965 and 1999… finally, the Indo-Chinese border war of 1962…after these wars…and could unexpectedly again lead to a regional and under certain circumstances…even a major nuclear war or a Third World War.”

Nonetheless, by exposing the myth of Indian claim of the largest democracy, Kashmiris, living both sides of the LoC observe “Black Day” on January 26 to protest against the Indian illegal occupation of Jammu and Kashmir. On this very day, Pakistanis and Kashmiris across the globe express solidarity with the freedom fighters of Kashmir, demanding their legitimate right of self-determination from India which continues various forms of state terrorism in order to suppress their popular movement. The observance of the Black Day keeps the issue of Kashmir alive.

Sajjad Shaukat writes on international affairs and is author of the book: US vs Islamic Militants, Invisible Balance of Power: Dangerous Shift in International Relations

Email: sajjad_logic@yahoo.com

How Can Pakistanis help the Kashmiri People

How Can Pakistanis help the Kashmiri People

Introduction

The real tragedy that has happened with the current Kashmir struggle and its dejected youth is this age in which struggles are no more struggles but acts of terrorism. Over the past three decades, state apparatuses from around the globe and national security machines have played with the pedigree of protests. Jihad got redefined repeatedly to take the form it eventually did. It is now interpreted as nothing but terrorism. The Indian government exercised each and every measure to suppress the unarmed freedom-seeking people, but, ironically, neither did the international community appeared upset over the atrocities nor the world powers tried to rein in the oppressor.

Non State Actors

Within Pakistan, the jihadi groups and all those trying to gain public attention are very critical of the government not taking action. Notwithstanding that the current political dispensation is eager to improve links, there is not a lot it can do militarily. The last option was exhausted during the Kargil war. When asked during a DCC if the military could push further to capture the valley, General (retd) Musharraf had responded in the negative. Given the current international scenario, most of Pakistan’s international friends, including the Chinese or an older infatuation such as the US, would not recommend upping the ante in Kashmir through regular forces or non-state actors. Musharraf did close down Pakistani infrastructure to help the Kashmir war, camps were closed and people engaged were let go . Pakistan, however, did refuse to act against private groups who were assisting the Kashmir militants.

Bilateral and International Institutions

The Pakistani government must take up the matter bilaterally or even through institutional mechanisms such as the OIC, SARAC and the UN. For this, it must work on building its reliability. No matter what the government says about Islamabad not being isolated, international forums reverberate with echoes of Pakistan’s dual approach in fighting terrorism. Additionally, states, since they organise around their permanent interests and not ethics, seem to pay little attention to the Kashmir struggle . Since a large issue with the Kashmir movement is the environment it is taking place in, Islamabad’s primary contribution should be to remind people about the exact nature of the movement; this being about people’s woes rather than terrorism, and to build pressure on the international community regarding its moral responsibility to protect humanity

Lack of Intensity in Pakistan’s response

Pakistan’s response to the Kashmir issue has been lukewarm. The group comprising parliamentarians set-up to rally international support ( a year or so ago) were found half-prepared to garner the needed assistance. However, with the initiation of CPEC, which is bound to change the dynamic of this region, Pakistan should seek the involvement of China and Russia into the Kashmir issue just as they are involved in solving the Afghan cause. The dynamics of the insurgency in Afghanistan and Kashmir could be different but the danger of the Kashmir struggle morphing into terrorism under the assistance of other regional terrorist network cannot be ruled out. After all, both Afghanistan and Kashmir are fighting for their right to have an independent state without the influence of foreign or rogue state forces. In this context, it is imperative that Kashmir should also stop bleeding, and Pakistan has to take a more robust lead in seeing this happen.

Indian ban on news related to Kashmir

India has banned the newspapers, TV and internet. International community is unaware of the prevailing conditions in Kashmir because of this ban. Pakistan must provide authentic news related to the plight of the Kashmiri people

Burhan Wani

After the death of Burhan Wani, Pakistan has been trying to win the case it lost long ago; Kashmir’s annexation with Pakistan. One example of these double standards is Maqbool Butt. A Kashmiri separatist and co-founder of  Jammu Kashmir Liberation Front who was hanged on February 11, 1984 by the Indian government on the charges of killing an Indian intelligence officer. He posed serious threats to Indian administration and apparently confirmed with Pakistan’s official anti-India rhetoric.

But why we never glorified him? We don’t even hear about him. The reason is that he did not uphold the Pakistani official narrative on Kashmir. Maqbool was against the ‘Occupation’ of both the states. He claimed to have represented the majority of Kashmiri population and he also succeeded in gaining significant popularity and support. Maqbool butt was also an ambigious personality, not deemed as useful tool, both Pakistan and India declared him agent and spy of their rivalries. In India he was declared a Pakistani agent and in Pakistan he was arrested. His words in court Pakistani court were:“Freedom and independence is the fate and destination of Jammu Kashmir. Indian rulers or Pakistani generals and bureaucrats cannot enslave Jammu Kashmir for a long time.”

Pakistani Direct Support

Pakistan funded and trained militants in Kashmir, it gave an almost parallel power to its non-state Islamist actors. Former president and retired General, Pervez Musharaf had admitted this to German magazine Der Spiegel. “They (underground militant groups to fight against India in Kashmir) were indeed formed,” he said.

Arif Jamal in his book Shadow War::The Untold Story of Jihad in Kashmir has revealed this in extensive details. He outlines the military adventure of President Musharraf, the infamous Kargil war, as a logical corollary to Pakistan’s policy of using jihadis as a strategic tool in the war against India. As Musharraf claimed it in his biography, it was waged to internationalise the Kashmir issue but it ended up isolating Pakistan internationally instead and for which Pakistan bore an enormous human cost. The financial cost of the war, met through Pakistani taxpayer’s money, excluding the compensation rose to $700 million. Jamal analyses how the role of jihadis was overstated by the military and the sacrifices of Northern Light Infantry (NLI) drawn from Gilgit Baltistan/Norther Areas were ignored by the media.

Arif Jamal outlined the formative phase of the Kashmir conflict and the evolution of the policy of using cross border Islamic militancy as an instrument of foreign policy, by focusing on Pakistan’s first jihad under direct military command. It led to partition of Kashmir into Pakistani and Indian occupied Kashmirs within a year of independence in 1947.

He discusses how CIA money, destined for the Afghan mujahideen in the 80s, was passed to Kashmiri jihadis under Zia, creating a vital nexus of power and patronage of Islamic militants by the Pakistani military. Jamat-i-Islami (JI), provided ideological strength and human resource, in addition to coordinating jihadi network with various brands of Islamic militants across the world, fuelling a more than twenty-five year insurgency.

Demystifying the notion of jihad as a selfless struggle for the glory of Islam, the author, exposed the vicious competitions among various militant organisations fighting for share in the spoils of holy war. With the ascent of secular mission of JKLF, the Kashmiri nationalist militants in the 80s, JI fought back to take a lead role in the Kashmir Jihad with the help of ISI in post-Zia period.

The book describes the factional struggle within the jihadi network and the hegemony of Hizbul Mujahideen and its allied organisations on the reign of terror that they unleashed in Indian-held Kashmir. They looted shops, bombed cinemas, targeted unveiled Muslim women and kidnapped, tortured and murdered Hindu businessmen and officials. In the process of conflict, Kashmiri society, which largely avoided communal riots at the time of partition, was convulsed into brutal violence, rising fundamentalism and communalism, and the flight of nearly the entire Hindu population from the Valley.

Trade Relations with India

Trade relations with India should be broken up. All Muslim countries should be tempted for this boycott under the OIC resolution of April 1993. Indian goods that are exported to Middle East are 50% of its total exports. If a successful campaign is launched against it then this economic pressure can also force India to accept the rights of Kashmiris. Then economic sanctions can also be demanded on international level. Resolutions should be approved in Security Council, General Assembly and on other platforms. The world is boycotting the goods of Israel because of the Palestinian issue. Firstly it seemed impossible but after some years it will be successful. Now Israel is furious at this.

Indian policy

India’s policy of using brute force to quell any small or large insurgencies in the region, political mismanagement, and repression of Kashmiris has undoubtedly deeply alienated the people in the valley, which puts serious doubt on the sustainability of any solution that ignores their aspirations. A large proportion of the people in the territory do not want it to be governed by India. They prefer instead either independence or union with Pakistan.

It is a complicated matter, given the population of the Indian-administered state of Jammu and Kashmir is more than 60 per cent Muslim. This makes it the only state within India where Muslims are in the majority. The Muslim majority provinces had prompted the division of Punjab, Bengal and eventually the division of India.

 Steps Pakistan Government needs to take

 Many are exasperated at Pakistan's lack of actual action in the Kashmir issue. Kashmir is in an “Emergency state" and Pakistan continues to behave as though it's just another day of human rights violations  The high number of civilian casualties. India seems to get away with it all. 

The closest Pakistan has got is to finally put forward a conflict resolution model. Here it is. We read it in the paper but where is the actual document? 

https://www.thenews.com.pk/latest/384997-shireen-mazari-presents-potential-strategic-conflict-resolution-model-for-kashmir

Was this presented to the Secretary General of the UN? How exactly will this model be implemented? Has Pakistan addressed the fact that “dialogue" is never going to be successful with a fascist government like India. If so what is the alternative for Kashmir? There is no point screaming dialogue if India's left the building. 

Imran Khan has made a fantastic speech https://timesofislamabad.com/27-Oct-2018/pm-imran-khan-s-strong-message-on-kashmir-black-day but speeches aren't enough anymore. The following needs to be done.

1. Where is the emergencyfollowing needs ti UNSC meeting for Kashmir? Palestine seems to have them but Kashmir does not .See https://www.presstv.com/Detail/2018/05/15/561836/Israel-Gaza-UN

2. Where is the resolution for the full Inquiry for Kashmir at the UNHRC? Countries can't vote without a resolution. The international community can't take action without a resolution at the Human Rights Council. Yemen got it's resolution and vote despite it being a relatively new conflict. Kashmir is a 70+ year conflict. 

3. Where is the ICJ application for self determination? If Pakistan is dithering on this application, have Kashmiris sought legal advice from an international lawyer

4. Critics of the Indian fascist state have been taken down directly and indirectly. The latest casualty is Kashmir supporter and campaigner Bea. India clearly finds her Twitter account a threat and has banned it. India is exerting its pressure on governments to get many critics and campaigners shut down. Where is Pakistan's support for us all? It's nowhere to be seen. India's powerhouse propaganda is allowed uncontrollably to destroy Kashmir. It's also destroying Pakistan and its reputation. 

5. India has slithered its way into the Human Rights Council? Where was the rabid objection from Pakistan? Nowhere again!

6. It is commonly known that mass complaints to the UNHRC triggers inquiries and investigation. It's well known that campaigning to the UNHRC achieved results. Certainly the African countries manage it. Even though India has banned a UNHRC visit, there are still calls by various people in Pakistan for the UNHRC to arrange a fact finding mission. Well, one can't do that if one is blocked from entering. The information must therefore reach the UNHRC. Is Pakistan doing this? Is anyone in Kashmir doing this? 

https://www.ohchr.org/en/hrbodies/hrc/complaintprocedure/pages/hrccomplaintprocedureindex.aspx 

Is there an ambush of complaints from Kashmir? Well, no there isn't. Why isn't there? 

We have an Emergency situation in Kashmir with no Emergency Response. While the Pakistani Military does it's best to raise Kashmir, 

https://dunyanews.tv/en/Pakistan/463754-Pakistan-Army-chief-General-Qamar-Bajwa-visits-LoC-troops-Kashmir

Conclusions

Pakistan needs to understand that it has already lost the war on both moral and political grounds. Pakistan keeps lambasting Indian atrocity and crackdown over Kashmiri rebels, but at the same time stands on the opposite extreme. This fails to validate Pakistan’s claims of being an advocate of Human rights and a right to self-determination and ultimately fails to gain the wider popularity from Kashmiris and international community alike.

This policy undermines the Kashmir’s real political struggle and is the real reason why Kashmiris don’t see Pakistan as their saviour. Pakistan needs to construct a moral ground on which it can justify its claims, which unfortunately seems very unlikely in the current context of Pakistan’s foreign policy based on anti-India rhetoric.

But beyond the Indian polemic about Pakistan’s overinflated role in Kashmir, there is a distraught relationship Kashmiris do in fact have with Pakistan. For Kashmiris, Pakistan’s support is both welcome and a cause for anxiety, especially when it shifts gears: at one moment offering unconditional support to the Kashmiri right to self-determination, at another, backing only those formations that support “merger with Pakistan” over the overwhelming view that favors Kashmir’s independence. Kashmiri Tehreek is not about the plebiscite with its two choices, but a historical struggle for dignity of Kashmiris as a people. The source of humiliation which Kashmiris experience is not from having been denied the choice between India and Pakistan, but precisely because of the imperial claims that the two postcolonial states have made on Kashmir’s land. I don’t want to suggest India and Pakistan have been equally culpable, nor is it accurate to suggest their relationship to Kashmiris can be deemed as equivalent. For Indian nationalists, Kashmiris are akin to squatters on a sacred land that belongs to India. For Pakistani nationalists, on the other hand, Kashmiris are like “brothers and sisters.” Yet, this kinship claim has not driven many Pakistani nationalists to lift themselves out of a cultivated ignorance about Kashmir’s history and Kashmiri aspirations. Pakistani society, from university teachers and students to progressive movements and activists, must rebuild Pakistan’s view of Kashmiris, not as a people who need patronage or who are knocking on the gates to become part of Pakistan, but as friendly neighbors under assault from a violent occupier state and who want to live in a free country of their own. This can happen through a free, open and respectful mutual engagement between Pakistanis and Kashmiris, through serious scholarly collaboration, cultural and political exchanges, and through linking of progressive struggles in Pakistan with the struggle for freedom in Kashmir.

The Indian government promises attention to Kashmiri concerns, but there’s no sign of genuine political initiative. Delhi seems to have decided it can simply contain the insurgency and ride out any political turbulence. The Kashmir issue does not sway many votes in Indian elections, and the level of international concern is low – meaning there’s no great pressure on India to resolve a problem which has festered ever since independence seven decades ago.

  . The male population is dwindling. It seems as though no one cares enough to stop this bloodshed. Not the UN and not the Pakistani diplomats. It's time they all did. It's time to make liberty a priority. 

UPDATE

21 DEC 2018 — 

In the last 24 hours, Twitter has been asked by the Indian government to suspend the accounts of a number of human rights defenders for Kashmir. This includes Jasmine DM. Apparently,  circulating the evidence on human rights violations isn't acceptable to India.

This is not the first time Jasmine has been trolled and attacked by cybercell India. Clearly RAW has nothing much to do these days. 

1. These are the documents given to me by the UN  on Kashmir. As the publicity has been shut off by India, please circulate these 

16 Aug 2017: 

https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23283
9 May 2017: https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23116
28 July 2016: https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=3282

10 December 2018
https://www.ohchr.org/Documents/Issues/Opinion/Legislation/OL_OTH_70_2018.pdf

2. Imran Khan has spoken to the Secretary General and outlined the importance of the concerns raised in Kashmir https://www.dawn.com/news/1452602

There is a rumour of further development at the UN. I will post updates here 

Regards 

Dr Rita Pal

1.      Dr. Rita Pal: Jan., 21, 2019: We have noted the report by the UNHRC following our complaint detailed here www.kashmirhumanrights.com It was a good report but with no further action. You will agree that the idea of reports is to solve the Kashmir problem. In this case, the emergency remains unsolved and left to escalate with more civilian casualties. There has been no resolution so the HRC is able to vote for a full inquiry ( as was done in the case of Yemen). There has been no UNSC review despite the high death rate of civilians. There has been no consideration of a referral to the ICC or a decision by the ICJ. These options have been concealed by yourselves and not publicised. The people of Kashmir have not been informed of the fact that the UN can do more. No help or advice has been given to the people of Kashmir on how to raise concerns of complain to the UN safely. The UN/UNHRC has left Kashmir to slowly die. It's a conflict zone with a high rate of PTSD, disability, injuries, high numbers of arrests, mass graves, bereavement, torture centres you've turned a blind eye to, sexual exploitation by the military, hybrid warfare inflicted on its people by India and the destructive consequences of India's ineffectual ill thought-out  counter terrorism policies. The place is becoming more dysfunctional and dangerous with each vague, ineffective impractical UN statement made by you. It is possible to allocate a individual similar to Owen Dixon in the past. They could mediate an agreement between India and Pakistan. Kashmir is entitled to its own rights of self determination and accountability yet you insist on neglecting their civil rights. You give no reason why this cannot be done for Kashmir The UN has accepted donations from India and given it accolades despite the UNHRC Report on Kashmir, it's potential war crimes and it's neglect of the civil rights of Kashmiri individuals.The UN has failed to hold India accountable in any way or form. It's inaction resulting in lack of hope has increased militancy and made Kashmir volatile and vulnerable to exploitation. You once said you did not tolerate fascism yet you allow the Indian government to execute innocent civilians, use human shields, create mass graves and walk away without any accountability. Kashmiris have been censored and so have foreign activists like us. Prof Kaye has simply written letters and there doesn't seem to be any accountability for India's lack of concern for the UN's view. The net result is a complete silencing of civilians in Kashmir. In conclusion, the UN is seen as a toothless organisation since it's been unable to protect civilians in Kashmir for the last 71 years. Is this what you wish its reputation to be? We therefore conclude that the UN/UNHRC has not done their job yet. There is a lack of confidence in its ability to hold fascist countries to account. We are the complainants to the UNHRC and we are disappointed in the total lack of immediate action for Kashmiris. They deserve better. They deserve an organisation that works for their civil rights. Instead, the UN appears to us to be working to protect its donations from India. This is an insult to the Kashmiris who have suffered terribly at the hands of the cruel inhumane Indian forces

1.      Government in Exile: Feb., 6, 2019: Mr Baloch(of JI) urged the world community to shun its silence on the Kashmir issue and play its role in motivating the UN for the grant of right to self-determination to the Kashmiris. He also stressed upon the Pakistan government to present a roadmap for the liberation of Kashmir, saying that there could be no talks with India till it stopped considering Kashmir its integral part. Mr Azeem called upon the government to set up a `government in exile` of the Kashmiris under the leadership of veteran leader Syed Ali Geelani. Islamabad should not only recognize such a government, but also establish Kashmir desks at every embassy so that Kashmiri leaders could present their case to the world.

Update: Feb., 10, 2109: To begin with, Pakistan needs to comprehend duly that religious diplomacy has a great potential to catch India off guard and bring about a qualitative change in the enduring struggle of Kashmiris for their right to self-determination. Building on the Sikhs-specific Kartarpur initiative, it should now open up Shardah Valley in Azad Kashmir and allow all Hindus, especially those living in Kashmir, to visit the area, freely. Home to Shardah Devi and a centuries-old civilisation, the area is among the holiest places for Hindus who desperately long for visiting it in their lifetime.

As the Sikh community strongly reacted to the lukewarm response by Delhi to Pakistan’s Kartarpur initiative, lack of enthusiasm on Shardah Valley would again pit India against its own people — this time around the fundamentalist Hindus. Apart from dispelling cross-border terrorism charges against Pakistan, the decision would eventually compel India to open Chirar Sharif shrine on its side in Srinagar for pilgrims of Azad Kashmir. Needless mentioning that it would be a gigantic leap towards turning the barriers between two parts of Kashmir irrelevant, a prerequisite in the eyes of many for a peaceful settlement of the conflict.

Furthermore, barring Azad Kashmir to international visitors and rights organizations has historically served Pakistan no purpose at all. Of late, in fact it provided an excuse to the UN Human Rights Office to censure Pakistan in its special report for violation of human rights in Azad Kashmir. Notwithstanding ubiquitous militarization and imposition of draconian laws, India on the contrary has always projected Kashmir under its control as the ultimate destination of tourists and a symbol of its federalism. Removal of iron clad on Azad Kashmir is, therefore, essentially important to let the world make a fair and square comparison between the degree of human rights and civil liberties enjoyed by the Kashmiris living across the divide, respectively.

Similarly, violation of child rights by India in Kashmir also needs to be specifically highlighted at different forums attaching great significance to this issue. According to a report by Jammu Kashmir Coalition of Civil Society (JKCCS), children in the occupied valley are the direct target of Indian forces who, with complete impunity, have exterminated 318 of them in the last 15 years.

One could hardly disagree that ghastly incidents such as abduction, rape and murder of eight-year-old Asifa Bano and blinding of 18-month-old Hiba Nisar through pellet guns by Indian troops could not have gone almost unnoticed, were they highlighted effectively under various international child rights conventions and protocols. Pakistan should not allow India to go unscathed on such issues.

Legal experts in Pakistan should also look into the question of filing law suits in the International Criminal Court against Indian officials and men in uniform for crimes against humanity in Kashmir. Discovery of 2,080 unmarked mass graves in Kashmir by civil society organisations, for instance, makes it a perfect case to approach the court to try India on that count. Irrespective of the outcome of such moves, the very decision would bring the world’s attention back to the Kashmir situation and mount pressure on India to pay heed to the clamours of Kashmiris for an amicable settlement of the issue.

Last but not the least, Pakistan should now shun ill-advised procrastination on inclusion of Azad Kashmir cricket team in the PSL list. Besides transmitting a softer image of Kashmiris and their struggle for right to self-determination across the globe, the decision would make Kashmir a household name in the cricketing world and open up new vistas of opportunities for its inhabitants to seek moral and diplomatic support on the issue.

Can the United Nations do anything to stop the Carnage in Kashmir?

 

Dr. Ghulam Nabi Fai

Kashmir is in turmoil. The government has imposed curfew, banned all public meetings, arrested more than 20,000 youth and placed the Kashmiri leadership under house arrest. Internet services have been snapped and all university examinations postponed. Barricades have been erected everywhere in the Srinagar (Capitol city) and other towns. More than 8.5 million people of Kashmir Valley are under siege since August 5, 2019.

 

Therefore, on behalf of the people of Jammu and Kashmir –and a territory whose status is yet to be determined under the resolutions of the United Nations – we approach the United Nations Secretary General with the appeal that he exerts his personal influence to help arrest immediately the campaign of mass slaughter and indiscriminate destruction in which the Indian occupation forces have been remorselessly engaged in Kashmir since January 1990 in general and August 5, 2019 in particular. In this context, we would like the Secretary General to bear the following points in mind:

 

The acts of indiscriminate killing of unarmed civilians and assaults on innocent women and children have not been fully reported in the world press because the Indian occupation authorities barred the entry of the world media into the territory and the restriction have been imposed even on the local media on reporting any incident that takes place in the Valley of Kashmir.

 

Nevertheless, even the occasional reports that have appeared do afford a glimpse into the reign of terror, established by India inside the occupied territory.

 

Amnesty International on September 5, 2019 initiated a campaign, which says, “Nearly 8 million people in Kashmir have been living through a communication shut down since August 5. The world needs to know what’s happening. Take action and demand that the government let Kashmir speak.”

 

Arundhati Roy, Booker Prize winner wrote in The New York Times on August 15, 2019, “Today Kashmir is one of the most or perhaps the most densely militarized zone in the world. More than a half-million soldiers have been deployed to counter what the army itself admits is now just a handful of ‘terrorists.’ If there were any doubt earlier it should be abundantly clear by now that their real enemy is the Kashmiri people. What India has done in Kashmir over the last 30 years is unforgivable.”

 

The New York Times headlines on August 10, 2019 reads: “Inside Kashmir, Cut Off From the World: ‘A Living Hell of Anger and Fear.”

 

HUFFINGON POST wrote on August 5, 2019 that “As Kashmir Is Erased, Indian Democracy Dies In Silence.”

 

Michael De Dora & Aliya Iftikhar described the situation in Kashmir in CNN – Opinion on August 15, 2019: “Kashmiris have displayed admirable courage in the face of this crisis, and their voices should be heard.”

 

Ramachandra Guha, an Indian writer wrote in The Washington post  on August 14, 2019, “India was a miracle democracy. But it’s time to downgrade its credentials.”

 

We must mention here that even in today’s violent world, the behavior of the Indian occupation regime in Kashmir is singular in as much as it has enjoyed total impunity.  Nor a word of condemnation has been uttered by world powers; not even a call on India to cease  and desist from its near-genocidal campaign. This is not merely a case of passivity and inaction; in practical effect, it amounts to an abetment and encouragement of murderous tyranny. The matter becomes even more baffling in view of the fact that Kashmir, being the subject of an international dispute, cannot even remotely be regarded as falling within India’s domestic jurisdiction. If tyranny is not condoned inside the territory of a Member State of the United Nations, is there not greater reason for the United Nations to intervene when the territory is one whose disposition is to be determined through a fair vote under the impartial auspices of the world organization?

 

We are mindful of the fact that the established procedures of the United Nations will not facilitate the speedy intervention that both the humanitarian and the political aspects of the situation in Kashmir call for urgently. However, the minimum that can be done to help bring relief and redress to the people of Kashmir is to dispatch a fact-finding mission headed by a statesman or diplomatist of high international standing to report expeditiously on the situation in Kashmir. Such a mission could visit all parts of Jammu & Kashmir as well as the capitols of both India and Pakistan and verify the truth of allegations from either side. The matter is much too urgent to be relegated to the routine mechanism of the Human Rights Council and the various bodies established to monitor various conventions.

 

An authoritative pronouncement of Mr. Antonio Guterres, the Secretary General of the United Nations (contained in the press briefing on August 8, 2019) is pertinent in this context: “The position of the United Nations on this region (Jammu & Kashmir) is governed by the Charter of the United Nations and applicable Security Council resolutions.”

 

Additionally, we should beg to stress the following:

 

Many nations have been very firm and leading supporters of peacekeeping by the United Nations. The proposition is now generally accepted that mere peace keeping – which in the case of Kashmir has meant only the stationing of a military observer Group – doesn’t serve a long-term goal unless it is accompanied by a tangible peace process. No effort to negotiate a solution of a dispute which could take into account the rights of the people of Kashmir itself is being undertaken or has been undertaken for the last three decades.

 

The people of Kashmir are dismayed by this total apathy on the part of the United Nations when Governments, otherwise sympathetic to human rights situations make statements to the effect that India and Pakistan must resolve the issue on the basis of the Simla Agreement, they disregard the rights and aspirations of the people of Kashmir itself. We recognize that such disregard is not deliberate. Nevertheless, it tells and encourages India to sideline the United Nations and perpetuate its occupation of Kashmir by force.

 

We trust that the United Nations Secretary General brings his influence to bear on both India and Pakistan to initiate a peace process with which the United Nations and as well as the leadership of the people of Jammu & Kashmir will be associated so as to ensure that the settlement arrived at will be based on the principles of justice.

 

Dr. Fai is the Secretary General of World Kashmir Awareness Forum and can be reached at: 1-202-607-6435  or gnfai2003@yahoo.com     www.kashmirawareness.org