Mazhar Javed
In recent years the Jammu and Kashmir dispute has been making headlines; for all the grim news of killings, rape, curfews, media curbs and violations of international laws. That has been more so the case after New Delhi’s illegal action of 5 August
2019 to strip the disputed territory of its special status, amidst a military siege.These tragic events are a build-up on the 70-year history of oppression and denial of rights of the Kashmiri people.
On 5 August 2019, New Delhi illegally stripped the special status of the illegally occupied territory; which, inter-alia, allowed Indian citizens to buy land and settle in the disputed territory of Jammu Kashmir. Several UN resolutions of 1940s and 50s require the future of Jammu Kashmir to be decided “through the democratic method of free and impartial plebiscite”; that requires preservation of its demography.Thus besides violating international law, New Delhi’s illegal action violated the UN resolutions, to which India itself is a party.
In his statement immediately after India’s illegal action of 5 August, UN Secretary General António Guterres was unambiguous in calling for restraint in ‘taking steps that could affect the status of Jammu and Kashmir’. The secretary general said, “the position of the United Nations on this region is governed by the Charter of the United Nations and applicable Security Council resolutions.” This was followed in subsequent months, by several rounds of discussion on Kashmir dispute at the UN Security Council.
Recent developments have brought many facts to the fore.
One, a statement by the UN secretary general and the discussions at the Security Council have debunked New Delhi’s false propaganda throwing doubts in a lay man’s mind on the relevance of the UN resolutions to Kashmir dispute; though nobody who was even vaguely familiar with the UN systems ever bought that argument. The UN high commissioner on human rights underlined that it is “important that the people of Kashmir are consulted and engaged in any decision-making processes that have an impact on their future”. Jammu Kashmir’s future can only be decided by the people of Jammu Kashmir in accordance with the UN Resolutions.
Two, India’s illegal action of August 5 was coupled with the worst possible military siege; with 180 000 security personnel added to the already present 700 000; months of continuous curfew, detention of political leadership and complete communication blockade including shutting down of phone, internet and media. Blackout was complete and prolonged. New York Times referred to the situation as “’A Living Hell’ of Anger and Fear”.
The question that strikes ones mind is, what necessitated these infamous draconian measures? Imposition of this military siege by New Delhi was a loud and clear admission by India, of the Kashmiris’ strong resentment against Indian occupation, and their commitment to the struggle for the promised right of self- determination.
Deployment of nearly 90 000 security personnel cannot be explained without acknowledging the strength of Kashmiris’ decades’ old widespread disgust for the illegal occupation and denial of their rights.This reality is too big to be hidden under hollow words. That is important.
With every passing day Kashmir Freedom struggle has gathered momentum, and that too in the face of worst possible atrocities ; in times when thousands of unidentified graves of the “disappeared persons” were found, and pellet guns were used with impunity to deprive hundreds of Kashmiri youth of their eyes. In its 2018 report, UN High Commissioner on Human Rights notes that while “… Kashmir has experienced waves of protests in the past—in the late 1980s to early 1990s, 2008 and 2010, this current round of protests appears to involve more people than the past”.
That Kashmir freedom struggle cannot be suppressed by force is obvious.
All along, the Kashmiris’ struggle had been for their right to self-determination promised to them by the United Nations and the international community. At the root of the dispute is the non-implementation of a dozen UN Security Council resolutions which were passed seven decades ago. Today, Kashmir dispute is the biggest obstacle to durable peace and security in South Asia. It has led to several wars and brought Pakistan and India to the brink of war at several other points in history.
What is important is that a solution to the dispute doesn’t need to be found or crafted. It is already there, and staring at our faces since the inception of the dispute; implementation of the UN resolutions to which international community, and India itself are parties. These are the resolutions that promised the right of self-determination to the people of Kashmir. That is all that Kashmir Freedom Struggle is all about.
The earlier this history of blood, bullets and blindness ends, and the earlier this dispute is resolved according to UNSC resolutions, the better it will be for the people of Jammu Kashmir, for regional peace and for the global trust in international law and commitments.
* The writer is Pakistan’s High Commissioner to South Africa.
** The views expressed here are not necessarily those of IOL.