Kashmir discussed at the UN Security Council
Dr. Mozammel Haque
After
the revocation of Article 370 of the Indian Constitution by the Indian Hindu
Nationalist Government on 5th of August 2019, there was
condemnation, protests and demonstrations all over the world including Indian
parliament. British Parliamentarians condemned the revocation of Article 370 by
the Indian Government and wrote to the British Prime Minister Boris Johnson.
Similarly, the All Party Parliamentary Group on Kashmir wrote a letter to the
Secretary General of the United Nations on this matter. There were
demonstrations and protests in front of Indian High Commission in London. China
has brought the matter to the UN Security Council to discuss the case.
Dr. Ghulam Nabi Fai, Secretary General World Kashmir
Awareness Forum, has written about this topic on 27 August 2019 as follows:
Kashmir discussed
at the UN Security Council after 50 years
Dr. Ghulam Nabi
Fai
August 27, 2019.
“The
position of the United Nations on this region (Kashmir) is governed by the
Charter of the United Nations and applicable Security Council resolutions.” Mr.
Antonio Guterres, the Secretary General of the United Nations, August 8, 2019.
India, disregarding what Secretary General said and
ignoring all norms of international law and the United Nations Security Council
resolutions on Jammu and Kashmir abrogated Articles 370 and 35A of the Indian
constitution and thereby bringing a constitutional end to the special status of
the State.
We believe that abrogation of article 370 and 35 A is an act of aggression and assault on the rights of the people of the State. Such attempts are in open contravention of UN resolution #122 adopted on January 24, 1957; # 123 adopted on February 21, 1957 and # 126 adopted on December 2, 1957. These resolutions prohibit any unilateral action to change the disputed nature of the State of Jammu and Kashmir.
It is to be noted that the United Nations Security
Council Resolution # 122
“declares that the convening of a constituent assembly as recommended by the
General council of the ‘All Jammu and Kashmir National Conference’ and any
action that assembly may have taken or might attempt to take to determine the
future shape and affiliation of the entire State or any part thereof, or any
action by the parties concerned in support of any such action by the assembly,
would not constitute a disposition of the State in accordance with the above
principle.”
Today, Kashmir is in turmoil. The government of India has
imposed curfew, banned all public meetings and placed the Kashmiri leadership
under house arrest. All educational institutions have been closed. Internet services snapped and all
university examinations postponed. Barricades have been erected on all entry
and exit points in Srinagar and other cities.
“Imagine for a moment that nearly all
residents of the US state of Virginia -- population roughly 8.5 million -- were
blocked from communicating with each other or the outside world. Imagine that
their movements within their neighborhoods were highly restricted due to
military-enforced curfews and checkpoints. And imagine they could not access
reliable information because, due to the clampdown, journalists were largely
prevented from reporting or publishing the news. This may sound like the plot of a
dystopian novel, but it is almost exactly what's happening in the
Indian-administered Kashmir Valley right now.” CNN – Opinion, August 15, 2019.
It must be mentioned here that India presents a wholly
false picture of the situation in Kashmir. One instance is revealing. When the
whole world knows that Kashmir is caged and it is literally under siege, Rohit
Kansal, the Principal Secretary of Jammu & Kashmir Government said that it
was very peaceful in Kashmir. The irresponsibility of this kind of
disinformation is borne out by the fact, reported in The New York Times, dated
August 10, 2019, that, “Inside Kashmir, Cut Off From
the World: ‘A Living Hell of Anger and Fear.” Amnesty International tweeted that “The unilateral
decision by Government of India to revoke Jammu & Kashmir's special status
without consulting J&K stakeholders, amidst a clampdown on civil liberties
& communications blackout is likely to increase the risk of further human
rights violations & inflame tensions.”
In the context of preventive diplomacy to find a peaceful
solution of Kashmir problem, President Donald J. Trump expressed his readiness
to extend every possible help to facilitate a search for a lasting solution to
the “hot hot tinder box of Kashmir.” As was expected, India virtually rejected
this offer. Indian foreign minister responded that they would like to resolve
Kashmir dispute under Simla Agreement. The Indian contention that the conflict
would be settled under Simla Agreement is designed to negate the jurisdiction
of the United Nations over the dispute, on the one hand, and, on the other, to
eliminate the party most directly concerned, i.e., the people of Kashmir.
The statement of the Secretary General made it abundantly
clear that Simla Agreement does not and cannot supersede the UN resolutions. “The
Secretary-General also recalls the 1972 Agreement on bilateral relations
between India and Pakistan, also known as the Simla Agreement, which states
that the final status of Jammu and Kashmir is to be settled by peaceful means,
in accordance with the Charter of the United Nations.”
Kashmir is one of the oldest unresolved conflicts on the
agenda of the UN to which the Security Council devoted scores of meetings and
on which it adopted more than a dozen substantive resolutions. Mere passage of
time or the flight from realities, which is characteristic of Indian
leadership, cannot alter this reality. The mere fact that the Security Council
debated the Kashmir issue on August 16, 2019 for the first time within the past
50 years nullifies the India’s contention that Kashmir is its internal matter.
The Security Council meeting on ‘the situation in
Kashmir’, held on August 16, 2019 was a closed-door meeting. However, Chinese
Ambassador briefed the press soon after the Council meeting that,
"The Kashmir issue should be resolved properly through peaceful means in
accordance with the UN charter, the relevant Security Council resolutions, and
bilateral agreements.” The Ambassador emphasized, “This represents the
international community's consensus." He added that "China is deeply
concerned about the current situation and opposes any unilateral action that
complicates the situation and we call upon the relevant parties to exercise
restraint.” What happened at the Security Council was also articulated by
Abhishek Manu Singhvi. Mr. Singhvi is not only the leader of Indian National
Congress; he is also the Spokesman of Indian National Congress. He said, I
quote: “the United Nations Security Council meeting on
Kashmir was a big diplomatic and strategic failure of the BJP government.”
Therefore, as an instance of impartial and humane opinion
on the issue, we submit to the Secretary General of the United Nations – the
custodian of human rights -- the following:
First, we are thankful to the President of the United
Nations Security Council for bringing this matter to the attention of the
Council. The members of the Council undoubtedly knew that leaving the problem
unattended could lead to serious consequences not only in Subcontinent but also
beyond.
Second, the Secretary General could appoint his special
envoy, a person of an international standing, like Mary Robinson, former
President of Ireland and former UN High Commissioner on Human Rights or Kjell
Magne Bondevik, former Prime Minister of Norway. Such an envoy could visit
India & Pakistan and both sides of the Ceasefire Line in Jammu &
Kashmir, assess the situation, and explore various possibilities of plan of
action to set a stage for the settlement of the Kashmir dispute to the
satisfaction of all parties concerned.
Third, special envoy could urge Government of India to pull
out bulk of its 750,000 military and paramilitary forces from Kashmir to pave
the way for normalcy in Kashmir.
Fourth the envoy could also impress upon the Government of
India that the following measure are essential to create an atmosphere that is
conducive for a dialogue:
i. An immediate and complete cessation of
military action against the people of Kashmir;
ii. The complete withdrawal of India’s
military presence from Kashmiri towns and villages;
iii. The restoration of the rights of
peaceful association, assembly and demonstration;
iv. The unconditional release of all those
imprisoned in connection with resistance and during the past two weeks of
undeclared curfew;
v. The encouragement by the Governments
of India and Pakistan of a dialogue with the accredited leadership of the
people of the State of Jammu & Kashmir to facilitate proposals for the
final settlement of the dispute.
Dr. Fai is the Secretary General, World Kashmir Awareness
Forum.
He can be reached at: 1-202-607-6435 or gnfai2003@yahoo.com
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