India has outlived purpose of its temporary stay in Kashmir: JKCHR

Islamabad 

Jammu and Kashmir Council for Human Rights (JKCHR) Secretary General Dr. Syed Nazir Gilani has lauded Prime Minister Nawaz Sharif for setting a new agenda to work in realising the right to self-determination of the people of Kashmir in his monumental address at the United Nations General Assembly on September 21, 2016, says a press release. 

The JKCHR secretary general said that people of Kashmir have a ‘Title to Right of Self-Determination’. “It is covered under Article 1.2 of UN Charter. UN Resolutions on Kashmir have created a final mechanism to address the question of equal rights and self-determination,” he said adding India and Pakistan have Charter obligations under Articles 1, 55 and 56 of UN Charter in respect of the principle of equal rights and self-determination. Therefore every member country of UN is a party to the question of equal rights and self-determination of the people of Kashmir.

Dr Gilani was of the view that India and Pakistan have respective claims of interest. India has outlived the purpose of its temporary stay in Kashmir. “It has lied to the people of Kashmir and violated the 4 conditions of its temporary entry into Kashmir. The temporary entry is currently pending ratification or rejection by the people through a free vote supervised by UN. As a consequence, the current presence of India in Kashmir has degenerated into a forced occupation. India stands as a violator of UN Charter and has violated the UN Resolutions on Kashmir. It has started a war with the people of Kashmir. No one knows whether India has any constituency in Kashmir unless there is a vote supervised by UN,” the JKCHR secretary general added. 

Pakistan, Dr Gilani said has a well proven constituency in Kashmir. “The country has Charter Obligation and Obligations under UN Resolutions on Kashmir. Indian claim remains a dispute and Pakistan is a party under the UN Resolutions on Kashmir. Pakistan’s claim is not in dispute. It is addressed under article 257 of the Constitution of Pakistan and assumption of a role under UNCIP Resolutions in Azad Kashmir,” he added.

The JKCHR secretary general said that Pakistan is confident of its constituency in Kashmir and this confidence is duly reflected in the Prime Minister’s address at the UN General Assembly. However, he pointed out that Foreign Office of Pakistan and the political leadership in Pakistan, could do better in serving the ‘Title of the Kashmiri People to Self-Determination’ and in serving the wisdom of Article 257 of the Constitution of Pakistan, if both have a reliable understanding of Kashmir case. 

Dr Gilani made it clear that the use of jurisprudence of UN Resolutions, binds all member countries of the UN to the basic principle of UN Charter. “UN mechanism on Kashmir fixes the Quantum of Indian answerability and makes India answerable to the people of Kashmir, Government of Pakistan and all member countries of the UN,” he added.