Dr Muhammad Khan
SINCE the speech of Prime Minister Imran Khan at the United Nations General Assembly (UNGA) there have been no serious political and diplomatic efforts which could have constrained India for the restoration of pre-August-2019 status of the India-occupied Jammu and Kashmir (IOJK). There have been rhetoric and verbal statements from Foreign Office, the vast diplomatic corps and politicians from all political parties. These verbal statements and rhetoric were never substantiated by the practical actions needed to persuade the resolution of Kashmir dispute in line with United Nations resolutions.
The United Nations Security Council (UNSC) closed door meetings on 16 August 2019 and 15 January 2020 could not even pass a resolution condemning the Indian clampdown of the state through indefinite curfew and siege and the massive human rights violations. Indeed, these closed door meetings of UNSC held on the demand of China could not convince its permanent members to take any meaningful step forward for restoration of the state’s special status until resolution of this long-standing dispute is reached.
In the absence of any statement, condemnation and a resolution from these two closed door meetings of the UNSC, India was further encouraged to impose Jammu and Kashmir Reorganization Act in IOJK on 31 October 2019. The centuries old statehood of the state was relegated to union territories (union territory of Jammu and Kashmir and union territory of Ladakh). Except highlighting the issue by some; human rights organizations, a circle of international media, the Kashmir Diaspora and the Pakistani Diaspora, there have been global quietness over the dispute.
This international quietness and absence of substantive Government actions to counter Indian unilateral act of changing the status of IOJK further encouraged India to change the centuries old domicile laws of the state in April 2020. On the basis of these new domicile laws, Indian authorities have granted Kashmiri citizenship to thousands of Indian citizens in violation of State’s Constitution. This all is being done to change the demography of the state. The Kashmiri citizenship being granted to non-Kashmiris, including Indian government officials, under the Jammu and Kashmir Grant of Domicile Certificate (Procedure), 2020, is illegal and a great violation of UN resolutions.
Article 49 (6) of the 4th Geneva Convention prohibits the transfer by an occupying power of its own civilian population in the area it occupies or colonizes. The Article stipulates that the “Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies”. By any definition, Indian occupied parts of Jammu and Kashmir became an ‘occupied territory’ on the day; Indian Army invaded it on 27 October 1947. As an occupying state, India has no authority to transfer its own population into the occupied parts of the state, forcibly or otherwise. Besides, India is a signatory state of the Geneva Convention-1949, therefore bound to observe and follow the Convention in its essence. Shifting its own population in occupied parts of Jammu and Kashmir clearly aims at making the demographic changes by India.
The people of IOJK consider Indian military deployment as the real problem. The Washington Post in its op-ed (March 4, 2020) has published a survey of the Kashmiri youth, carried out in the India-occupied Jammu and Kashmir. The survey report reveals that 91% youth of the India-occupied Kashmir (IOK) demands that all Indian security forces must leave their state immediately. They feel that Indian security forces in IOJK are the real problem. These security forces are perpetrating massive human rights violations in IOJK.
The New York Times, in its 17 January 2020 Op-ed has unveiled the Indian planning for establishing concentration camps for the Muslims of India-occupied Jammu and Kashmir, whose only fault is that they are demanding their right of self-determination. Entitled as, “Indian General Talks of De-radicalization Camps for Kashmiris”, Jeffrey Gettleman and Kai Schultz have quoted new Indian Chief of Defence Staff (CDS), General Bipin Rawat who advised Indian Government to establish concentration camps and shift Kashmiri youths there for re-education. These concentration camps have been named as, ‘De-radicalization Centres’. The US and global media has been highlighting the horrors of concentration camps established elsewhere, terrorizing the inmates’ including forced conversion of their religion. This time again credit goes to ‘The New York Times’ for unveiling the Indian agenda of putting the Kashmiris into concentration camps which also include conversion of their belief.
Since 05 August 2019, India has taken extreme steps in IOJK which include; relegating its statehood, changing its domicile laws, issuing Kashmiri citizenship to Indian nationals, torturing the youth in torture centres, killing Kashmiri youth through fake encounters, torching the houses, establishing concentration camps for Kashmiri youths and above making demographic changes in entire state. This all was done, since the United Nations and international players were found wanting in playing their roles and there was no worthwhile diplomatic and political efforts were undertaken by Government of Imran Khan.
Let’s take Kashmir dispute very seriously and stop India from the illegal steps, it has taken since August 2019. Pakistan needs to take practical steps to safeguard the lives and properties of the people of IOJK. They are struggling for their right of self-determination. Let’s not soften up from the traditional stance of Pakistan on the Kashmir dispute. In 1947, the people of Jammu and Kashmiri started their freedom struggle to join Pakistan and the people of IOJK are struggling to complete that mission. The people of IOJK especially the youth are looking towards Islamabad for a practical support away from mere rhetoric and verbal statements. The government must formulate a clear Kashmir policy and pursue resolution of the dispute at all level with a clear vision.
— The writer is Professor of Politics and IR at International Islamic University, Islamabad.
