By Faisal Qayyum Magray,
International human rights law lays down the obligations of governments to act in certain ways, in order to promote and protect human rights and fundamental freedom of individuals or groups.
one of the great achievement of the United Nations is the creation of a comprehensive body of human rights law ( a universal and internationally protected code to which all nations can subscribe) . The Universal declaration of human rights is a milestone document in the history of human rights drafted by the representatives with different legal and cultural backgrounds from all regions of the world.
Today Unfortunately UN is also not acting because of number of factors which is regretable beacause this is a mendate which is given to security council by the united nations charter on chapter 6 and chapter 7.
After 7 decades of military operations which even still continues the governmernt of india laid down the foundations for depriving the people of kashmir of their land . If we just put the history to one side for a second and put a glance on 2019 when India unilaterally revoked article 370 and removed the special status of Jammu & kashmir which is totally illegal and Unlawful . Article 370 of the constitution grants the state of Jammu & Kashmir considerable political autonomy. They did it to fly in the face of security council resolutions and through a constitutional warfare the kashmiris are now deprived of their autonomy and their ability to protect the land. They have imposed draconian blackout , arrested poltical leaders, enforcing curfew, implementing a media black out and above all denying internationally agreed principles of human rights for the kashmiri people.
Since the start of 2019 seige, the kashmiri people have been shut off from the entire world, occupied by over 800,000 Indian soldiers in the largest military occupation in the world and kashmiri women are not targetted for rape but they are also beaten up by the Indian Soldiers and humiliated again and again.
Recently at the time of global health crises of Covid-19, Thousands of non- kashmiri Hindus of India have been issued domicile certificates and the Indian government is proactively changing the very demography of kashmir leading only path of the ethnic cleansing of kashmiri people. Now their is a rise of Hindu Nationalism in India. its deplorable . They are trying to change the way of life of entire population. even trying to make Hindus as “hot line” and Extremist Hindus. They are using cohesive methods and forcing the minorities to adopt their way of life.
Kashmir has often been described as pradise on Earth However, Terrorism and border dispute between India and Pakistan has given the very paradise name of Hell on Earth. After 7 decades of military operation which even still continues the government of India on 5th August 2019 laid down the foundations for depriving the people of Kashmir of their land . Through a Constitutional warfare the kashmiris were deprived of their autonomy .
Indians are calling those innocent people terrorist in Kashmir but the genuine problem we all know but no one wants to say is that India has refused all the honest all the honest plebiscite as they were required to do by the United Nations . Now whatever India has done to the kashmiris especially in the past one year is a open violation of International Law and U.N Security Councils Resolutions on Kashmir. They are committing war crimes , systemic ethnic cleansing , repression , genocide and excessive use of force without respecting the principles of distinction and war crimes against non-combatants.
Indian Occupied Jammu and Kashmir has been colonized by the Indian state since 1947, but the changes that took place from August 5, 2019 onwards demonstrate how it is increasingly becoming a settler-colonial project.
Some major recent Steps taken by the Ministry of Home Affairs in J&K :
*All the Universities will be directly controlled by New Delhi
* J&K Auqaf has been taken over by New Delhi and all its asserts which till now were created by the contributors from kashmiri muslims have been taken over by New Delhi. The can issue, allot lease or provide prime land and facilities to anybody from India now.
And Than The Jammu and Kashmir Reorganization Order 2020 in another illegal step to settle non-kashmiris in IOJ&K by changing the domicile Laws, which is again the clear violation of International Law.
As India always stresses on Bialeteral Dialogues , so again this action is the continuation of Indias illegal and unilateral steps , whereby non-local people predominantly Hindus from India , will be given domicile in Indian Occupied Jammu and Kashmir a disputed state. India can not change the demographic composition of a disputed territory recognized as such by the UN Security Council Resolutions .
We have to use every diplomatic and the political option to persue a path at U.N just to show the world that what India has done , which is totally illegal , unlawful and unethical just to fly in the face of security councils resolutions that have been their on the councils agenda for the last 70 years.
Pakistan doesnt wish to see a conflict and will never do any thing to asculate the situation but afterall U.N has the outstanding responsibility to deal with the issue. What is integral in the U.N charter? That is the Right to Self-determination. This issue is about the Human Sufferings . Its about the plight of people who have been deprived of their liberty over the 70 years and now on the edge of being deprived of everything else.
We would like the International Community to step up to the plate to stand on the side of Law, Justice and fairness and also to deliver on the pledges that were made to the people of Kashmir by the Indian leadership itself years and years. In regard to Kashmir we should demonstrate unity in our ranks and we should reach out to the International Community and we should go back to the International forumns . we should use the mediums of communications more effectively in broadcasting our narrative about Kashmir.
International Humanitarian law says that the parties to a conflict must at all the times distinguish between the civilian population and combatants in order to spare the civilian population and civilian property. As a consequence of armed conflict , priosners of war and civilian are seperated from their loved ones and people go missing . therefore, Geneva convention contains a number of provisions for the protection of these victims
* Forwarding family messages and other information
* Forwarding the family news between the separated members
* Recieving and transmitting death notices.
Unfortunatley Modi regieme has violated International law . fake encounter are being done and youngsters are being tortured and than killed , above all they do not return the dead bodies . Indian government don’t wish to talk to pakistan to find a peaceful settelment of this outstanding dispute. This is really a very serious Situation which passes a great threat to peace and security in our region.
Pakistan defines kashmir as a “core” issue. Infact India and pakistan both agreed to an international agreement by affirming UN resolutions which stipulates that the final settlement of the kashmir dispute would be in accordance with the UN Security Council’s resolutions on Kashmir. Pakistan believes that Kashmir is a “root cause” of its tensions with India and insists that whenever there will be any dialogue between the two countries , kashmir would be on the top of agenda.
Jammu & Kashmir Issue can turn the region into ashes , if it is not addressed. Therefore, it is dire need to resume dialogue process over kashmir with the participation of Kashmiris the genuine stakeholders and the key party to the dispute.
The Government of India should restore the previous status of this disputed territory . U.N has declared that any unilateral declaration by India or Pakistan on the permanent status of the State of Jammu & kashmir cannot nullify the position of the United Nations, therefore the relevance of UN resolutions will continue to exist until the three parties decides any other solution.
(Young Kashmiri Activist, Writer and Inspirational Speaker Lobbying for Kashmir )
Email: [email protected]