Farhat Ali Mir
It was first ever opportunity, when Arts Council of Pakistan, Karachi organized two-days ‘Pakistan Literature Festival’ (hereinafter called PLF) at Muzaffarabad capital seat and ‘Base-camp’ of Azad Govt. of the State of Jammu and Kashmir during 03-04 June 2023. A peculiar segment to speak about impacts of abrogation of Articles 370 and 35 was included and invited way forward to salvage Kashmiris who suffered under Indian subjugation. It is intrinsically terrible known that India perpetuating its nefarious agenda which turned into stripping off temporary, specialized and transitional status by 05 th August, 2019 formerly given to Jammu and Kashmir under Articles 370 and 35-A, since 1949 and 1954 respectively. Temporary status was probably assigned on the premise of alleged and conditional ‘Instrument of Accession of 26 October, 1947’ by Maharaja Hari Singh. Consequently, Jammu and Kashmir has now virtually been deprived from its separate constitution, State flag and legislative empowerment with internal autonomy. Through its recent actions, India has not merely squarely negated to internationally recognized disputed status of Jammu and Kashmir but retracted from principles set for ultimate disposition of dispute of Jammu and Kashmir through UN supervised Plebiscite. Indian’s actions of 2005 were done in total repudiation to dozens international Resolutions which were unanimously passed by United Security Council and also UN 2. Commission on India and Pakistan (UNCIP) and recognized by both India and Pakistan. UN Security Council has unequivocally recognized the right of self-determination of the people of the State of Jammu and Kashmir to be exercised through a democratic method of plebiscite under the auspices of United Nations. The session was moderated by renowned Journalist/Columnist/Analyst Wusatullah Khan while discussant were included Justice(Rtd) Syed Manzoor Hussain Gillani former Chief Justice of AJK Supreme Court, Mr. Raja Muhammad Farooq Haider Khan former Prime Minister of GoAJK, Mr. Ch. Latif Akbar Speaker AJK Legislative Assembly, Mr. Fawad Hassan Fawad, former Federal Secretary Govt. of Pakistan, Mr. Farhat Ali Mir, former Additional Chief Secretary/Secretary Law of GoAJK, Mr. Sajjad Raja Director Policy and Research Kashmir Liberation Cell. The session was altruistically conducted and raised a few pertinent questions whereupon views were sought.
The panelists intensely addressed to the queries expressing their viewpoints constructively in the light of historical contextual of ‘Kashmir Dispute’ and suggested option to confront and counter Indian’s actions of 05 th August 2019 as being totally unconstitutional, unethical and violative of its International commitments made in utterly repugnant to the UN Security Council and UNCIP Resolutions on Jammu and Kashmir. Responding to questions, panelists reiterated text and implication of Articles 370 and 35-A of Indian Constitution and also condemned abrogation of both articles consequentially damaged the interests of Kashmiris struggling for exercise of their tight to self-determination. To me it was asked to suggest way-forward actions from Pakistan and role of Government of AJK, to solicit international support for achieving implementation 3. Upon final disposition of ‘Kashmir Dispute’ through UN Supervised Plebiscite. The quicker response was that India never succeeded nor could establish veracity of Instrument of Accession at UN Security Council instead India defeated in its case at UN Security Council during 1948 when UN Security Council believably recognized right of self-determination of the people of State of Jammu and Kashmir and manifestly declared final disposition through UN supervised Plebiscite as per UN Resolutions of 15 th January 1948 and 13 th August, 1949. The position of India and Pakistan (being parties to dispute) have been internationally pledged rather caged for final disposition of Kashmir dispute in accordance with UN Resolutions which unequivocally recognized that people of former State of Jammu and Kashmir will have to be given a fairer chance to exercise their right of self-determination through UN supervised Plebiscite. It was further voiced that Jammu and Kashmir was made a subject of International law on and from the date when India itself invoked jurisdiction of UN Security Council on January 1947 wherefrom dozens UN Resolutions by Security Council and UN Commission on India and Pakistan (UNCIP) were unanimously and popularly passed. These were UN Security Council Resolutions which have effectuated ceasefire, implemented truce-agreement and thus commanded for peaceful resolution of Kashmir Dispute through democratic method of plebiscite. Role and responsibilitiCs of India and Pakistan with respect to Jammu and Kashmir Dispute are expressively spelt out while recognition of Local Authorities i.e Government established and continued in Srinagar and Azad (free) Govt. at Muzaffarabad in liberated territories were also recognized to work under high command of UNCIP till final disposition will be objectified. Factually established prevailing status of Kashmir Dispute is the territories of erstwhile State of 4. J&K on both sides of Line of Control (Ceasefire-Line) is under surveillance of United Nations through its observer mission – UNMOGIP. It was further vehemently argued that neither Government of AJK being claimant as base-camp for promoting liberation movement of J&K nor Government of Pakistan have solicited UN intervention in response to Indian’s Government actions of 5 th August 2019. AJK Government has squarely botched in stopping Indians from prolongation of atrocities and genocide-like actions and ethnic-cleansing being executed by India armed forces in all worst forms and facets. India dreadfully started execution upon its fascist agenda to make demographic change through several undemocratic and tyrannical measures in its hankering to curb rightful liberation struggle of people under its illegal occupation and suppression. Unfortunately, Government of AJK has failed in getting effective and diplomatic mobilization of conscious of International community in favor of Kashmiris except lip service rather coveted silence by mere expression of words of condemnation over nefarious agenda of Indian Government.
Beside dilating upon meaningful diplomatic role of Pakistan, it was heatedly underlined that GoAJK (claimant of itself a base-camp of Kashmiris struggle movement) is under its constitutional obligation and having only existential justification, after 13 th AJK’s Constitution Amendment of 2018 to pursue propagation and levitation of Kashmir cause and to seek for Right of Self-determination of Kashmiri people under UN Charter as well to recourse for implementation upon UN Security Council Resolutions on Jammu and Kashmir as destined way of settlement of Kashmir Dispute through a method of plebiscite under auspices of United Nations. It was further very strongly articulated that Government of AJK should itself selflessly chalk out ways to approach the United Nations General Assembly and UN Security Council in pursuant to Article 73 of UN Charter for 5. Urgent intervention towards resolution of truly genuine KashmirDispute which has become a case of ‘Humanitarian crisis’ as India is continued State-run terrorism and perpetuation of genocide, crimes against humanity and ethnic cleansing of Kashmiri population living in the Indian Occupied parts of Jammu and Kashmir. The forum was also enlightened that Government of Pakistan but fairly it is the Govt. of AJK which should invoke the mandate and jurisdiction of UNGA to proceed under UN Resolution named ‘Responsibility to Protect (R2P)’ a renewed doctrine of International Law was approved in 2005. Through this revolutionized doctrine of International law, all UN Member States are obligated under Articles 137/38 of UN Resolution of 2005 to save and protect their citizens from mass atrocity, crimes of genocide, war crimes, crimes against humanity and ethnic cleansing. Indian Government are continually committing aforesaid crimes in one or other form with a complete impunity against citizenry people of Indian Occupied Jammu and Kashmir. India has virtually converted Kashmir Valley into open prison. India has put several Kashmiri leaders, hundreds of youth population men and women in prisons all over Indian territories beside India had perished hundreds Kashmiris.
It was significantly highlighted that UNO has executed doctrine of international norms of R2P and implemented punitively against several UN Member States who were held responsible for commission of crimes against humanity and genocide etc. Such countries included Libya, South Sudan, Syria, Yemen etc. It was surprisingly mentioned that how and why UN refrains from application of R2P against India when jurisdiction of UNGA or UNSC is properly and intensively sought out by Pakistan and Government of AJK in prudent and effective manner. It is strongly believed that humanitarian crisis and genocidal actions by present regime of India evenly craves for UN intervention in 6. Pursuant to international humanitarian laws beside justifiable mplementation on UN Security Council Resolutions on Jammu and Kashmir. In all fairness, GoAJK is obliged to make known its preparedness to call for holding of plebiscite in Jammu and Kashmir. UN Security may urgently be requested in formal way to make appointment of ‘Plebiscite Administrator’ from amongst personality of International stature. Meanwhile Government of AJK shall have to manifest its urge in pursuant to Article 11 of AJK Interim Constitution 1974 make appointment of ‘Plebiscite Advisor’ of person not below the stature of former President of UNHRC or former Secretary General of UNGA or any prominent Jurist of International fame and standing whose presence will undeniably open up prospects for enforcement of humanitarian laws in the Indian occupied territories of Jammu and Kashmir in addition to setting a stage for implementation upon UN Resolution for just and final disposition of dispute through plebiscite under auspices of United Nations. By taking such steps, GoAJK will have to seek better guidance and support from the Government of Pakistan. The Government of AJK has to play its existential role to save brethren Kashmiris from brutal repression, genocide and ethnic cleansing by Indian arms forces. Kashmiris living in Indian Occupied Jammu and Kashmir have rendered unprecedented sacrifices of humanly ossible forms like sacrifice of lives and dignity etc, at the hands of continued naked repression by Indian governments and Indian armed forces in its pursuit to nefarious Hinduvita plans of ethnic cleansing of Kashmiris. There is a need to launch intensive rather offensive diplomacy, institutionalized campaigning against Indian actions through effective and organized efforts by Kashmiri and Pakistani Diaspora who is spread throughout the world especially are settled in big capitals of the world. There is a dire need to approach to National 7. Human Rights Institutions actively working in almost 170 countries in addition to meeting up UN Bodies and international independent organizations who dedicatedly believed and focused ensuring protection to life and dignity of human being working all over world. It needs to mention that every nation State being member of UN or even Non Member is bound to respect and abide by International Humanitarian Laws and in particular UN Member States under UN Charter are mandatorily prohibited to abuse human rights of their citizens under Article 1|(3) and 4(3) of UN Charter; and violations of these international norms call upon UN Security Council’s intervention through punitive actions to stop any particular member of UN Family.
The UNO and humanitarian bodies always considered and time and again reiterated that Kashmir conflict would endanger International peace and security which is paramount existential justification of United Nations. UNO has to maintain and protect the world from destructions of wars and abuses of humanitarian laws of internationally recognized. We must wake up and stand for knocking the doors of United Nations for intervention to salvage of precious human lives of the people of Indian occupied Jammu and Kashmir and to uphold norms of international law in truthful sense of enforcement. Let us see how case of Kashmir succeeds in getting priority at the agenda of present Government of AJK and whether it moves towards taking up any meaningful step to proceed on approaching the United Nations Organizations? OR repression and gross violations of humanitarian laws will continue in Indian Occupied parts of J&K with silenced sentiments and voice of regime from this side of LOC.
