Struggle in Kashmir

According to reports, the Third Committee of the UN General Assembly – which deals with social, humanitarian and cultural issues – has passed a resolution tabled by Pakistan and co-sponsored by 80 countries.
The resolution, which will be presented to the UN General Assembly for endorsement next month, expresses firm opposition to acts of foreign military intervention, aggression and occupation. It reaffirms that the universal realisation of the right of self-determination is a fundamental condition for the guarantee and observance of human rights and calls upon states to cease their acts of illegal occupation, repression, discrimination, exploitation and maltreatment immediately.
Pakistan’s Ambassador to the UN Dr Maleeha Lodhi was right on the money when she said that the right to self-determination was a central principle of the UN Charter and that its universal application during the last century had effectively closed the dark chapter of colonisation. This subsequently led to the emergence of several nations as sovereign members of the UN.
The passing of the resolution represents a diplomatic and moral success for Pakistan in keeping the issue in the limelight and reminding the world community and the UN of its obligation towards the people around the world fighting for their right of self-determination. There are 23 UN resolutions recognising the right of the people of Kashmir to determine their own destiny, and the need to resolve the issue through a plebiscite. The correlation between the right of self-determination and human rights cannot be overemphasised. Unfortunately, the sordid aspect of this problem is that world powers have been supporting this right very selectively.
While the US and its allies have been expressing concern over human rights violations in countries they consider to be against their interests, they have turned a blind eye to the violations committed by Israel and India. Their humanitarianism is

subservient to their national and strategic interests around the world. How can peace prevail when injustice and discrimination are practised by the powerful without any consequences?
Indian human rights groups as well as international human rights groups like Amnesty International have been regularly documenting the situation in Jammu and Kashmir from the perspective of human rights violations committed by the Indian armed forces. According to their reports, in the last 26 years, Indian security forces in Kashmir have killed nearly 94,000 Kashmiris, raped over 10,000 women and killed more than 7000 people in custody.
The latest report of Amnesty International gives a hair-raising review of how the Indian armed forces have let loose a reign of terror against the people of Kashmir by granting impunity under the protection of the Armed Forces Special Powers Act (AFSPA). Section 7 of the AFSPA grants immunity to members of the security forces from prosecution for human rights violations. This legislation was promulgated in the backdrop of the freedom movement launched by the people of Kashmir in 1989. It is the subject of scathing criticism by Amnesty International for having created an ambience of impunity for the Indian security forces in Indian Occupied Kashmir, enabling them to commit human rights violations without any fear of consequences.
The report laments that no soldier has ever been tried in civilian courts and even the details of the trials held by security forces are not shared with the public. According to reports, the relatives of the victims are threatened by the security forces if they try to seek justice through courts. The security forces have invariably rejected reports about human rights violations calling them false and baseless.
In the prevailing circumstances faith in the judiciary and the government is almost non-existent. Take the example of Javaid Ahmad, a 17-year-old boy, who was picked up by the personnel of the Assam Regiment. After a few hours, his family found his dead body. An inquiry was conducted by the district magistrate which concluded that the deceased boy was not a militant and had been killed without any justification by a subedar of the Indian army. A letter was written in July 2007 about this issue by the state home department to the Indian Ministry of Defence. After six years, the ministry responded, only to say that the individual who was killed was a militant from whom arms and ammunitions were recovered.
The official Amnesty International report has been compiled after interviews with victims’ families, policemen, civil society groups, lawyers, government officials and through court records. It recommends the repeal of the AFSPA and the turning over of cases of human rights violations and disappearances to the civil courts. It also recommends inviting the UN Special Rapporteur and the UN Working Group on Disappearances to Jammu and Kashmir and granting them unimpeded access to the victims and witnesses.
The prevailing situation has regrettably gone unheeded by the international community and the US. This is because they are looking at the developments in this region through the prism of their own strategic and commercial interests rather than showing sincerity of purpose with regard to respect for human rights guaranteed by the UN charter.
Nevertheless, the people of Kashmir have remained undeterred by the Indian atrocities and are continuing their struggle for freedom. The current wave of anti-India demonstrations and the hoisting of the Pakistani flag by the protestors are a clear indication that the Indian machinations have been unable to subdue their urge for independence. The people of Kashmir will not relent until they are allowed to exercise their right of self-determination.
India’s stance on the issue has no moral or legal basis, and the country has remained defiant in fulfilling its obligations under the UN resolutions. It has not even honoured its commitments in the Simla Agreement, using contrived excuses to sabotage the sporadic dialogues. The Modi government has also spurned the peace overtures by the PML-N government and adopted a bellicose stance towards Pakistan, which does not augur well for peace and security in the region.
The international community and the UN need to look at the situation realistically and fulfil their obligations towards the people of Kashmir. They must save themselves from the oppression of the Indian security forces.
India also needs to understand that it is in its own interest to fulfil its obligations under the UN resolutions and join hands with Pakistan to promote peace in the region. This is imperative for nudging and accelerating the process of economic development in both countries.
The writer is a freelance contributor.
Email: ashpak10gmail.com