Dr Muhammad Khan
THE Contact Group of Organisation of Islamic Conference (OIC) on Jammu and Kashmir has firmly demanded India to stop massive human rights violations in India-occupied Jammu and Kashmir (IOJK). The Contact Group has also asked India to put an end to its military operations in IOJK and safeguard the fundamental rights of the people of Kashmir in line with Charter of United Nations Organization. Through a strongly worded statement, the OIC CONTACT GROUP has emphasized the Secretary General of the Organization to make arrangements for highlighting the dispute at various international forums. The group has stressed upon Dr Yousef A Al-Othaimeen, the Secretary General of the Organization to take note of the worsening situation of human rights in IOJK and reach over to United Nations for “immediate steps for amelioration of the human rights and humanitarian situation and peaceful resolution of the Jammu & Kashmir dispute.” The OIC Contact Group on Jammu and Kashmir had its Virtual Emergency Meeting on June 22, 2020. Secretary General of OIC Dr Yousef A Al-Othaimeen inaugurated the Virtual Emergency Meeting on Jammu and Kashmir and it was attended by foreign ministers of the Republic of Azerbaijan, Niger, Saudi Arabia and Turkey.
After decades of inoperable meetings of the Contact Group on Kashmir, this communiqué is considered as strongly worded with a clear message for the resolution of Kashmir dispute. In his inaugural address the Secretary General reiterated the commitments of the organization for the peaceful settlement of the Kashmir dispute as per UN resolutions. He said in his statement, “I call on the international community to strengthen its efforts to assist the people of Kashmir to decisively practice their legitimate rights denied for decades.” The OIC has a fundamental responsibility to safeguard the interests of Muslims living anywhere in the world. OIC was also mandated to support the human rights of all Muslims living in various parts of the world. It was supposed to protect and ensure the right of self-determination of the Muslim population in line with UN Charter. Unfortunately, over the years, OIC has been found wanting in ensuring its mandated roles ever since it was established in 1969.
It is to be noted that, in April 2020, the US Commission for International Religious Freedom (USCIRF) launched its annual report. The report declared India as the most dangerous country for religious minorities. This is first time in the history of USCIRF that, it directly categories India as the dangerous country for minorities. Apart from it being dangerous, USCIRF recommends to “United Sates” State Department that India should be designated as a Country of Particular Concern (CPC). Besides, the Article 49 of the Fourth (4th) Geneva Convention-1949 provides adequate protection to local civil population of any occupying territory with respect to the right over their land and security against making any demographic changes in the composition of the original population. Article 49 (6) of the 4th Geneva Convention exclusively deals with the protection of civil population in the time of war. Since 1990, the occupied state of Jammu and Kashmir has been a war zone with an overwhelming military presence of over 700,000 Indian troops.
Indian security forces have been involved in massive killing of Kashmiris masses with total impunity under repressive Indian laws. Over 100,000 Kashmiris have been killed since 1990 at the hands of Indian security forces. After August 2019, number of Indian troops in occupied Kashmir exceeded 900,000. Since last three decades, India-occupied Jammu and Kashmir has highest troops concentration level in the world with the status of an active war zone. 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 October 27, 1947. This invasion was made by India in contradiction and violations to the basic principles of partition of India and Indian Independence Act-1947.
After imposition of yet another law (Adaptation of State Laws Order-2020) in India-occupied Kashmir (IoK) on April 1, 2020 Indian Member of Parliament Mr Subramanian Swamy clearly outlined the future agenda of Bharatiya Janata Party (BJP) Government. On behalf of his party, Mr Swamy has been working hard since 2014 to abolish Article 370 and Article 35A, which grants special status to IOK. Demographic changes in IOK have always been on the agenda of Indian state and successive governments. In the past, world in general and OIC in particular remained silent over this extreme step of Indian Government, which encouraged New Delhi to undertake another criminal step; changes in the domicile laws of Kashmir, allowing non Kashmiris to settle in IOK.
This settlement agenda for the non-Kashmiris in IoK was the real agenda behind abrogation of Article 370 and Article 35A. OIC must revitalize its role towards safeguarding and protestation of the common interests of all Muslims living anywhere in the world. It must make efforts to support the legitimate causes of the Member States through a unified campaign. Since the protection of the right of self-determination of all Muslims is part of its Charter, therefore, OIC must emphasize all member states of the organization to stand behind Kashmiris for the attainment of their right of self-determination. There is a need for an immediate end of Indian military operations in IOJK and restoration of its pre-August 5, 2019 status. The fact of the matter is; if OIC states take a firm stance on Kashmir, there is no reason that the Kashmir dispute remains unresolved for a long-time.
— The writer is Professor of Politics and IR at International Islamic University, Islamabad.