Islamabad: Jammu and Kashmir Council for Human Rights (JKCHR) has sent an aides memoire to Miroslav Lajcák President of the 72nd session of UN General Assembly rejecting the Indian statement on Kashmir made at the General Assembly, says a press release.
President of JKCHR Dr. Syed Nazir Gilani has said that Foreign Minister of India Sushma Swaraj’s statement made at the UN General Assembly that events have overtaken the UN Resolutions and ‘under the Shimla Agreement and the Lahore Declaration India and Pakistan resolved that they would settle all outstanding issues bilaterally”, has no merit. UN Resolutions do not permit for an indeterminate bilateral engagement. If the two countries fail to settle the dispute, the matter has to be addressed by the United Nations. Security Council or General Assembly could make a reference to International Court of Justice for an opinion.
Security Council before referring the question of a failed bilateral engagement or the question of non-compliance of UN Security Council resolutions to the ICJ, has an option to determine the merits of Shimla Agreement and the Lahore Declaration under article 103 of UN Charter. It states, “In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.”
JKCHR aide memoire states that Intra State agreements are always welcome instruments to settle disputes. But these could not override the international agreements, duly agreed by India and Pakistan on Kashmir. UN Resolutions, provide for a bilateral engagement. But any agreement reached in regard to Jammu and Kashmir has to be just and consistent with UN Charter.
India has an agreement with the people of Jammu and Kashmir confirming that, “the question of the State’s accession should be settled by a reference to the people.” India has surrendered the accession agreement at the UN on 01 January 1948, for a UN supervised vote.
Dr. Nazir Gilani has said that Kashmiris would like to see that the two countries reach a just settlement consistent with UN Charter (UN SC Resolutions) on their title to self-determination. However, it would not be agreeable that the UN mechanism on Kashmir is held hostage to the two open ended bilateral agreements. Sushma Swaraj’s reference to Shimla Agreement and the Lahore Declaration at the General Assembly has no merit.
An unwilling people could not be controlled by the use of any force. Government of India needs to be extremely cautious, that its armies are in the State under a bilateral arrangement and have also been placed under a UN Security Council discipline. These forces are a supplement admitted in aid of the State forces and remain sub-ordinate to the State administration. Aide memoire states that Pakistan has flagged the question of war crimes and violation of Geneva Conventions in its statement at the UN General Assembly. There is strong evidence of human rights abuses committed by Indian security forces. These forces have accrued a criminal and civil liability.