His Excellency
Anto’nio Guterres
UN Secretary General
Subject: Emergent Appeal to include Case of Jammu and Kashmir for implementation on UNSC Resolutions in the agenda of 78th Session of UNGA
This is to call for Your immediate attention requesting to solicit a critically emergent resolution of case of Jammu and Kashmir while including in the agenda of 78th Session of United Nations General Assembly being held in September 2023for espousal of humanitarian catastrophewhich India has perpetuated against Kashmiris living in Indian Illegally Occupied Jammu and Kashmir. The situation in Jammu and Kashmir (IOJK) has now further worsened through genocidal actions, ethnic cleansing and bringing in demographic changesin the organized mannerafter Indian’s immoral and despotic steps of 05th August, 2019.The siege continues, lockdown continues, killings continues, more than four millionHindus from India have been illegally settled in Kashmir, land and other properties of Kashmiris are grabbed and livelihood means are robbed, thousands of young man are tortured and imprisonedbehind bars, political leadership is kept under custody, religious places (Mosques) are locked and militarily captured. Actions of Indian fascist government after 5th August 2019 squarely run against universal declaration which members of the UN have guaranteed to their citizens especially the USA.
2. We the Kashmiris greatly valueand trust upon promising moral and diplomatic support from Pakistan. We expressly rely upon diplomatic endeavors of Pakistan.The Kashmiri’s believes in UN System and excitedly expectingexhalation for oppressed Kashmiris without further loss of lives, honor and dignity of the people of Jammu and Kashmir under Indian occupation. Evidently established through manycredible and universally renownedsources which time and again documented and publicized that Indian Governments have virtually changed Vale of Kashmir into open prison under surveillance of thousands Military contingents which continually perpetuated brutalities and colossalrepression and genocidal actions against innocent people of Jammu and Kashmir since 1989. In particular, India continued protracting its illegal control over territories of Jammu and Kashmir against wishes and desire of indigenous population.
3. In its reprehensible regime, India has been committedintolerable atrocities, crimes against humanity, ethnic cleansing and gross violations of human dignity and human rights of peace loving Kashmiris. The present government of India under Hinduyata fascist administrationhas extending every repressive action to silence the democratic voice of Kashmiris through complete media blackouts and prolonged lockdowns. India recently launched its nefarious plan for demographic change in Jammu and Kashmir to shape up the Muslim Majority State of Jammu and Kashmir into Hindu populated State through its various ruthless actions on and after 5th August, 2019. There is also a need to restate that Indian Government through revocation of Articles 370 and 35-Aof its Constitution and through promulgation of Reorganization Act of 2019 has utterly repudiated dozensUN Security Council Resolutions on Jammu and Kashmir. Through its actions, India embarked upon unilaterally changing given disputed Status of territories of former State of Jammu and Kashmirwhich stood protected by International Community through its sacrosanct Resolutions and Commitments.
6. As against Indian’s nefarious designs, any part of State of Jammu and Kashmir being constituent of‘disputed territory’ cannot be merged, changed or annexedagainst the aspirations and wishes of indigenous population and until exercise oftheir right of self-determination through fair and democratic method of plebiscite under the supervision and auspices of United Nations.
4. Facts remain witnessed by world community that India consistently violated UN Security Council Resolutions on Jammu and Kashmir and ever belied to its own commitments made at several occasions to the Kashmiri nation as well as Comity of Nations since 1948. India fiercely acted to silencing the genuine and justiciable struggle for implementation of UN Resolutions. India has adopted and executed State-run-Terrorism against Kashmiris living in territories under Indian occupation on the command of UNSC/UNCIP Resolutions on Jammu and Kashmir. Indian’s mayhems and all reprehensible measures have been rejected through heroic sacrificesof Kashmiris during past several years.They have rendered every unprecedented and possible sacrificeincluding lives, honor and dignity for achieving and execution of their birthright–right of self-determination. As against, India has opened up a new chapter of reprehensible methods through its inacceptable actions of 05th August,2019 while started up execution through crimes against humanity, genocidal measures, ethnic cleansing and economic deprivation of Kashmiris against and repugnant to the established norms and commands of International humanitarian laws.
5. All India has done and sustaining with to its nefarious actions, are totally unacceptable to the Kashmiris, hence,calling for intervention by Comity of Nations because not only India and Pakistan but the world Community has promised protections to human rights and their political status and proprietary of the people of Jammu and Kashmir including their birth right of self-determinationto be implemented through UN supervised plebiscite.And so, United Nations is expected and thus prayed for its immediate intervention in pursuant and for application of principled method of R2P (Right to Protection) which solemnly articulated and adopted by United Nation’s General Assemblythrough UN Resolution of 2005.Here, it is remindful that UN System, at several times,has commanded punitive actions against several member States of UN Community over their reprehensible actions against citizens of particular countries.
9. Let me reiterate and remind founding principles and pledges made through provisions of UN Charter for maintenance of international peace and security and to the protection of human rights and dignity of mankind through adoption and implementation upon human right declarations. It is further to underscore the significance of Responsibility to Protect–known as R2P– which has been developed as improver norm of modern international law that seeks to ensure that the international community never again fails to halt the mass atrocity crimes of genocide, war crimes, ethnic cleansing and crimes against humanity by any member State against its citizens in particular. We cannot forget the solemn pledges of the Comity of Nations which it had assumed responsibilities through Article 73 of UN Charter. The Kashmiris, under Indian repression andvictims of genocidal onslaughtwhich continued by present fascist Indian government, have genuine right to crave for role and responsibilities of Secretary General of UN General Assembly where Excellency is morally and lawfully obliged under UN Charter to approach UN Security Council for emergent implementation upon UN’s sponsored and pronounced Resolutions on Jammu and Kashmir.
6. May we remind the UN System that Humanitarian Case of Kashmiris must be re-registered and agitated with full force and genuinely by the UNGA in pursuant to R2P doctrine of international law which was made into action against several countries who were also accused for commission of similar crimes and atrocities against their citizens having complete parallels to plight of the people of Indian occupied Jammu and Kashmir.
7. Since August, 05, 2019, the Indian Government in order to crush any resistance against its illegal occupation and oppression, has instituted new draconian measures. First, Indian government unilaterally stripped off Articles 370 and 35-A of the Indian Constitution; imposed a total military lockdown and complete communication blockade in anticipation to the protests and resistance by Kashmiris. These measures would inevitably rejected by innocent and peaceful Kashmiris but Indian through its ruthless campaigning has imprisoned politicians, journalists and civil society members who were intimidated and forcibly restrained and suppressed form of dissent and lawful agitations.
8. Unfortunately, Indian government has been continually neglected all norms of international law and also committed complete repudiation of UN Security Resolutions on Jammu and Kashmir with ample impunity and it has disregarded fear from corrective sanctions and commands of United Nations Security Council. In pursuant to international humanitarian laws and upholding the sacrosanct Articles of UN Charter, Kashmiris strongly believe that it is inescapable obligation of UN Comity to forcibly stop present Indian regime of RSS from perpetuation of grave human right violations, naked atrocities and shameful repression against peaceful civil population of Jammu and Kashmir under its illegal occupation. Moreover, United Nations Security Council may objectively secure implementation upon its promised settlement of Kashmir Dispute. All UNSC Resolutions on Jammu and Kashmir and international norms which cherish fully envisioned by UN Charter have fullest relevance and application for saving lives and dignity of the people of Jammu and Kashmir under Indian occupation on emergent basis.
09. I being Kashmiri by origin, part of divided and victim families from Jammu and Kashmir under Indian occupation,making an appeal to the Government and high command of Pakistan through you that case of humanitarian crises and impendingexecution of UN Security Council Resolutions on Jammu and Kashmir necessarily, meaningfully and agitatedly be solicited and pursued for the inclusion in the agenda for 78th Session of United Nations General Assemblywhich is scheduled to be held during September 2023.
10. May I stress upon obligatory responsibility of the UN Secretary General should moving for securing execution upon UN/UNCIP Resolutions on Jammu and Kashmir. The Kashmiris under Indian oppression and repression pryingly appeal to the unprejudiced UN Community for emergent actions by UN Security Council for the safety and protection to the lives, dignity, honor and properties of oppressed and victim Kashmiri population suffering with genocidal actions and atrocities by Indian authorities through massive scale deployment of its Army and Armed forces in Indian occupied parts of Jammu and Kashmir.
11. The Kashmiris cannot forget your valued pronouncements made during your visit to Pakistan – Muzaffarabad that UN Security Council is appallingly neededcompelling to stop Indian Government from perpetuation of torturing acts of tyranny and brutalities, genocidal measures and gravest human rights violations against Kashmiri population living in Illegally Occupied Jammu and Kashmir. The present fascist Indianregime fiercely continued inexcusable brutal and inhuman measures including imprisoning of Kashmiri’s political leadership and youngsters (in thousands) to silencing democratic and political voice of Kashmiris against Indian’s stripping off separate identity of Jammu and Kashmir through disputed constitutional changes of 05th August, 2019. The World Community is, therefore, prayed for securing imminentrelease of thousands Kashmiri Youth who have been imprisonedall over India. India should urgently release political prisoners who either put under house arrests or under armed protected Jails while stop killings of innocent Kashmiris; ethnic cleansing and towithdraw launch of demographic changewhich atrocious steps India has perpetuated in total denial to norms of international humanitarian and human rights laws. India unfortunately intendedfearlessly adopted a course of repudiation to promised commands of Comity of Nations which India, Pakistan and UN Community have made to the people of Jammu and Kashmir for final disposition of dispute on Jammu and Kashmir through a democratic method of plebiscite under United Nations.
Your Excellency
12. In order to achieve and to ensure emergent resolution and implementation upon UN Security Council Resolutions and to stopping Indian from perpetuation of scourge of war, gravest violations of Human Rights of the people of Indian Occupied Jammu and Kashmir, we the Kashmiris preferred appealing to the United Nations that to take cognizance of dismal situation in the Jammu and Kashmir under Indian Occupation, therefore, to secure and ensure appointment of Plebiscite Administratorhaving universally recognition and standing as per commanded resolution through UNSC Resolutions on Jammu and Kashmir. Concurrently, UNSC is requested to start up a phase for UN supervised plebiscite in the former State of Jammu and Kashmir.
13. Above are appealing demands of people of Jammu and Kashmirto help ensuring a peaceful settlement of disputed status of former State of Jammu and Kashmir by providing promised opportunity to Kashmiris to decide their political disposition and democraticdestiny squarely in accordance with numerous UN Security Council and UNCIP Resolutions on Jammu and Kashmir and long-awaited implementation in the letter and spirit. .
My sincere regards and best wishes.
(Farhat Ali Mir)
Advocate High Court Former Additional Chief Secretary General Govt. of AJK
