Kashmir, often referred to as the ‘paradise on earth’, hides a brutal irony beneath its breathtaking natural beauty. The region is marked by human suffering, systematic oppression, and grave human rights violations – an escalating crisis that has become an unsettling murmur in the international community.
The apathy shown towards Kashmiris is more than concerning; it actively jeopardizes global peace and stability. Amid the ongoing Kashmir conflict, prominent organizations such as the UN, which were founded on the principles of human rights protection, appear to be relegated to the side-lines.
Statistics compiled by leading human rights organizations – such as Amnesty International and others – highlight the gravity of the situation: over 8,000 enforced disappearances and approximately 60,000 murders and custodial killings in the region since 1990. Despite these frightening statistics, the international community’s response remains muted.
The UN resolutions on Kashmir, including the seminal Resolution 47 that advocated for a plebiscite, appear to have faded and buried under the deafening silence of the global powers. The right to self-determination is a crucial aspect of human rights and a cornerstone of a just, democratic, and peaceful world order. This principle implies that the people of Kashmir should have the freedom to choose their political status and freely pursue their economic, social and cultural development.
Over decades, this geographical paradise has been subjected to genocide, forced occupation and settlements, echoing apartheid’s segregationist ethos. The situation has deteriorated in recent months, with Indian authorities reportedly demolishing homes, businesses, and farmlands to economically disempower Kashmiris and institute demographic changes. Such actions, aimed at changing the demographic makeup of the region, not only violate international norms but also exacerbate tensions and deepen Kashmiris’ sense of alienation.
In its 2020 report, Human Rights Watch shed light on the arbitrary detention and torture that is a grim reality for many in the region. These acts are often carried out in the guise of contentious legislation, such as the Public Safety Act and the Armed Forces Special Powers Act. The report noted that hundreds of individuals continue to be detained without charge under the draconian Public Safety Act, which disturbingly allows detention without trial for up to two years.
Amnesty International and the UN Commission for Human Rights, among others, have extensively documented this systemic injustice, and a pattern of abuse and oppression. To comprehend the complexities and gravity of the situation in Kashmir, it is critical to place the crisis within the larger context of international human rights norms. What is happening in Kashmir is more than just a regional conflict; it is also a dire human rights situation with implications for international norms and principles. The world cannot afford to overlook or disregard the Kashmir issue. The very credibility of the international human rights framework depends on its capacity to respond effectively to such crises.
The lack of robust international response to the Kashmir issue is starkly noticeable, especially when compared to other global interventions. Important context is provided by notable cases such as Bosnia, East Timor and Sudan. The Bosnian war in the mid-1990s killed an estimated 100,000 people and displaced 2.2 million. The crisis prompted decisive international action, which culminated in the Dayton Agreement.
Similarly, East Timor’s struggle for independence in the late 1990s was marred by extreme violence, resulting in the deaths of roughly a quarter of the country’s population. However, decisive international pressure, led by the UN, aided East Timor’s eventual independence in 2002. The international community, particularly the African Union and the UN, played a critical role in averting civil war and the eventual formation of South Sudan in Sudan.
In contrast, despite numerous UN resolutions and numerous reported human rights violations, the international community appears to have remained deafeningly silent on the Kashmir issue. There is a clear inconsistency here: the urgency, unity, and commitment seen in Bosnia, East Timor and Sudan are conspicuously absent in Kashmir.
The world’s abysmal response to the Kashmir crisis appears to be a double standard. The West, which frequently assumes the role of global human rights custodian, appears dismissive of the unfolding crisis in Kashmir. One might wonder if geopolitical and economic considerations are more important than the fundamental rights of the Kashmiri people.
There is an urgent need for powerful nations to participate in crisis resolution while adhering to UN resolutions. The UK, in particular, bears significant historical responsibility. The Kashmir issue dates back to India’s haphazard partition in 1947, which was overseen by the British. Their lack of foresight and thorough planning arguably contributed to the subsequent territorial dispute. As a result, the UK has a moral and historical obligation to play a proactive role in facilitating a resolution.
Transnational organizations such as the UN must be more steadfast in their approach to the Kashmir issue. The role of these institutions, which were founded to protect human rights, has come under intense scrutiny due to their apparent silence on Kashmir. The 2005 UN world summit agreement on the ‘right to protect’ principle affirms the organization’s responsibility to safeguard populations against genocide, ethnic cleansing, and crimes against humanity. The third pillar of the framework states, “the responsibility of the international community to protect when a state is manifestly failing to protect its populations”, emphasising the urgency of the international community’s involvement in preventing such heinous crimes. Their credibility is jeopardized if they continue to stand by and watch as human rights violations occur.
The Kashmir crisis is a humanitarian crisis that requires immediate global attention. The silence of the world is more than an oversight; it is an insidious complicity. Institutions such as the UN must break their silence and take significant steps towards resolution. The gravity of the Kashmir issue requires more than token recognition from the international community. The time has come for decisive action, in which human rights principles guide the path to peace and justice, ensuring that the world’s moral compass does not sway. Peace may be a long journey, but it must begin with recognition and action.
The writer is an academic and works for the University of Durham. He can be reached at: ghafranhotmail.com