Sultan M Hali
PAKISTAN has urged the world community at the United Nations (UN) to push India to grant Kashmiris right to self-determination. Permanent Representative of Pakistan to the United Nations Munir Akram underscored that the right of people to self-determination is the bedrock of international relations. Unfortunately, the founders of the United Nations, when they were seeking their independence, used the principle of ‘right of self-determination’ to achieve their goals. Dr Ghulam Nabi Fai, the Secretary General, Washington-based World Kashmir Awareness Forum, in his Op-Ed ‘The United Nations and the Neglected Conflict of Kashmir’ has highlighted that self-determination of peoples is a basic principle of the United Nation Charter, which has been reaffirmed in the Universal Declaration of Human Rights, and applied countless times to the settlement of international disputes.
The renowned scholar reiterates that the concept seems to be as old as Government itself and was the basis of French and American revolutions. In 1916, President Wilson stated that self-determination is not a mere phrase. He said that it is an imperative principle of action and included it in the famous 14-point charter. This gave a prominence to the principle. Self-determination as conceived by Wilson was an imprecise amalgamation of several strands of thought, some long associated in his mind with the notion of “self-determination,” others hatched as a result or wartime developments, but all imbued with a general spirit of democracy. Dr. Fai opines that Self- determination is a principle that has been developed in philosophic thought and practice for the last several hundred years. It is an idea that has caused people throughout the world to rise up and shed the chains of oppressive governments at great risk.
The erudite academic states that in 1945 the establishment of the UN gave a new dimension to the principle of self-determination. It was made one of the objectives, which the UN would seek to achieve, along with equal rights of all nations. Article 1.2 of the Charter of the United Nations reads: “To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples.” From 1952 onwards, the General Assembly of the UN adopted a series of resolutions proclaiming the right to self-determination. The two most important of these are resolution 1514 (XV) of 14 December 1960 and resolution 2625 (XXV) of 24 October 1970. Resolution 1514 was seen almost exclusively as part of process of decolonization. 1514 is entitled: Declaration on the Granting of Independence to Colonial Countries and Peoples.”
International Court of Justice considered the several resolutions on decolonization process and noted: “The subsequent development of International Law in regard to non-self-governing territories as enshrined in the Charter of the UN made the principle of self-determination applicable to all of them.” This opinion establishes the self-determination as the basic principle for the process of de-colonization. The principle of self-determination in modern times can be defined as the right of peoples to determine their own political status and pursue their own economic, social and cultural policies. Self-determination in its literal meaning or at a terminological level also implies the right [of a people] to express itself to organize in whatever way it wants. A people must be free to express their will without interference or threat of interference from a controlling authority. This includes alien domination, foreign occupation and colonial rule.
The UN General Assembly Resolution 2649 (1970) declared that denial of the right of self-determination of peoples under colonial occupation or alien domination is a gross violation of the UN Charter and that such peoples have the right to struggle for the realization of their right “by all available means”. On August 5, 2019, in complete violation of the principle of self-determination, as envisaged in the UN Security Council Resolutions on Kashmir initiated its so-called ‘final solution’ in occupied Jammu and Kashmir by eliminating its statehood, imposing a siege and changing its demographic composition, flagrantly violating the UN Charter, the relevant Security Council resolutions; and international law, including the Fourth Geneva Convention. India unilaterally rescinded Articles 370 and 35A and during the last fourteen months, it has incarcerated all Kashmiri political leaders, illegally detained 13,000 Kashmiri youth, tortured many of them, summarily executed young boys, put down protests violently, including the use of blinding pellet guns, and imposed collective punishments demolishing and burning entire neighbourhoods and villages.
The sad part is that not a single Indian soldier has been punished for these crimes as the Indian occupation force operates under the cover of draconian laws like the Armed Forces Special Powers Act AFSPA and anti-terrorism legislations. Taking advantage of the abrogation of Article 35A of the Indian Constitution, which had declared it illegal for non-Kashmiris to acquire property in Illegally Indian Occupied Jammu & Kashmir (IIOJK) or settle there, one and a half million Indian settlers have been issued domicile certificates to transform the illegally IIOJK from a Muslim majority state into a Hindu majority territory. Serious observers and analysts fear that this gross violation of the Fourth Geneva Convention may be a precursor to mass atrocities and genocide. Currently, the 75th session of the Fourth Committee of the United Nations General Assembly is taking place between October 8 to November 10, 2020 at its headquarters in New York. The Committee will discuss and deliberate the issues related to international conflicts and decolonization. It is imperative that the 72 years old issue of self-determination for Kashmir be reconsidered to avoid an impending bloodbath.
—The writer is retired PAF Group Captain and a TV talk show host.
