Dr Syed Nazir Gilani
Srinagar
The President of Jammu and Kashmir
Council for Human Rights, an NGO in
Special Consultative Status with the United Nations, Dr Syed Nazir Gilani, has invoked attention of the UN High Commissioner for Human Rights, Michelle Bachelet, towards grim human rights situation, particularly the killing of youth by Indian troops, in occupied Kashmir.
Dr Syed Nazir Gilani, who is in Islamabad, in a letter to the UN High Commissioner for Human Rights urged her to take urgent cognizance of killing of Kashmiri youth under the cover of curfew and the massive abuse of human rights. He said that the Office of the United Nations High Commissioner for Human Rights should take all possible steps to protect the life, property and honour of the people of occupied Kashmir.
Following is the full text of the letter; Excellency Michelle Bachelet United Nations High Commissioner for Human Rights Office of the United Nations High Commissioner for Human Rights (OHCHR) Palais des Nations CH-1211 Geneva 10, Switzerland Excellency Mme High Commissioner Human Rights Situation in Jammu and Kashmir (Indian occupied) Killing of Kashmiri Youth
I sincerely pray that all at OHCHR are safe and well. We further pray that Allah protects you all and steers you out of these uncertain and most difficult times to normal times. I am also stranded in Pakistan and eagerly waiting to return to London.
OHCHR knows JKCHR since we campaigned for the establishment of the office and budget of OHCHR at the UN World Conference on Human Rights in Vienna in June 1993. I was elected to represent the Unrepresented Peoples and Nations of the World and as a member on UN-NGO Liaison Committee responsible for the working and substance of the Conference.
In regard to our work on the Promotion and Protection of Human Rights in Kashmir in particular, UN has known us from 10 January 1990.
In regard to Jammu and Kashmir I wish to point out that UN Security Council has settled that, “The ultimate objective of a fair and impartial plebiscite under the auspices of the United Nations has, after all, been written into solemn agreements by the two Governments and endorsed by this Security Council. These agreements have been affirmed and reaffirmed by the two governments many times during the last three and a half years.” It has been further settled that, “The party that would dare to violate an agreement thus reached would load upon itself a very grave offence against the other party, against the United Nations, and against the right of the people of Jammu and Kashmir to self-determination, a right which, in other contexts, both parties have so often and so eloquently defended.” India without doubt has “load upon itself a very grave offence.”
India had loaded upon itself a ‘very grave offence’ on 5 August and 31 October 2019 by violating the obligations undertaken under UN SC Resolutions and by violating the spirit and recommendations of the three UN Reports, two of June 2018, July 2019 by the High Commissioner and the 3rd of May 2019 by the UN Secretary General.
OHCHR reports had expressed concern on the presence of India army, counted from 500000 – 700000 and described Kashmir as “one of the most militarized zones in the world.” India has raised the strength of its army to 900000 on 5 August 2019. The member nation did not have any regard for the 3 UN Reports and the three principles set out in the UN SC Resolution of 21 April 1948 on the ‘behaviour’, ‘number’ and location of its army in Kashmir.
India has violated her own commitment given to the UN Security Council in regard to the number and character of its armed forces in Kashmir. India has said at the 608 meeting of the UN Security Council – ““…after careful examination and assessment by its experts, the Government of India had come to the conclusion that a minimum force of 28,000 was required to carry out its responsibilities.” Indian representative added, “However, on complete disbandment and disarmament of the Azad Kashmir forces, and as a further contribution towards a settlement, the Government of India is prepared to effect a further reduction of 7,000 to a figure of 21,000 which is absolute and irreducible minimum…. It should further be emphasised that this force will have no supporting arms such as armour or artillery.”
Indian forces have violated the 4 basic terms, on the basis of which Kashmir Government had granted them a temporary admission into the State. These forces have been talked about in detail by Kashmiris and their sympathisers who spoke at the UN Human Rights Commission, Sub Commission and now speak at the HR Council. We make regular input under Resolution 1996/31. Pakistan’s proposal made at the 761st meeting of UN SC on 16 January 1957 for demilitarization, supported by Australia, Cuba, United Kingdom and Northern Ireland and United States of America (Resolution S/3787) is another serious input and needs an urgent revisiting.
Kashmir is placed under curfew from 5 August 2019. Kashmiris are left with no neighbor except COVID-19 Virus. All medical interventions and outside contact are denied. India is out to hurt the Muslim majority character in Kashmir. Killing of Kashmiris and settlement of non-Kashmiris is on the agenda. It violates the UN SC Resolution of 30 March 1951.
Kashmiri youth are the target population. We have made representations to OHCHR and UN Working Group on the Use of Mercenaries that India has profiled Kashmiri Youth into five categories, for a paid killing. Yesterday on 6 May, two Kashmiri Youth Riyaz Naikoo and Aadil Ahmad were killed by Indian army during a cordon and search operation at Beighpora Awantipora in Pulwam – Kashmir.
They are alleged to be members of Hizbul Mujahideen, a group of Kashmiri youth who oppose Indian rule and demand the carrying out of a UN supervised Plebiscite (vote) in Kashmir.
Killing of a Kashmiri, for his desire to take part in a UN supervised vote or exercise his right to undo Indian occupation, is simple ‘war crime’ and a crime against ‘peace’ and ‘humanity’. UNSC at its 241st Meeting held on 05 February 1948, has acknowledged the legitimacy of fighting against the occupation and that there were six elements of interests in Kashmir. These elements were identified as, Pakistan, insurgents, tribesmen, Government of India, other inhabitants of Jammu and Kashmir and the outside world. UN has made a distinction between insurgents and tribesmen. Insurgent are indigenous and are duly recognised as an interest group.
India is using the curfew to kill as many Kashmiri youth as possible. Yashwant Sinha, a senior Indian politician and head of a civil society organization – Concerned Citizen’s Group, had revealed this in his interview on 26 December 2018 after his visit to Indian Occupied Kashmir. He has said that, “Modi Government had abandoned the Vajpayee policy of ‘Consensus, Democracy and Insaniyat’, in favour of a “Strong State Policy” in Kashmir, “which meant the use of brutal force to kill as many as they could.” JKCHR had alerted the
It is high time that United Nations, its bodies, in particular, OHCHR, HRC take steps according to their mandates in protecting life, honour and property in Kashmir. UNSC has to perform its ‘positive duty’ in ensuring the integrity of the State Territory as required under UNSC Resolution of 30 March 1951.
