ISLAMABAD: February 5 is observed as Kashmir Solidarity Day in recognition of the longstanding struggle of the Kashmiri people for freedom, justice, and equality. The day is a reminder of the ongoing plight of the people of Indian Illegally Occupied Jammu and Kashmir (IIOJK), who have been denied their basic rights promised by the UN Security Council’s resolutions for too long.
Despite adversity and atrocities unleashed by the Indian security forces, the valiant people of IIOJK have stood firm in their resolve for their legitimate right to self-determination for the past 75 years. Unfortunately, the situation has become ominous since August 2019, with the BJP government’s revocation of Article 370, which took away Kashmir’s special status as provided in the Indian Constitution.
The unilateral act of integrating the occupied state into the Indian Union not only violated the UNSC resolutions but also nullified the instrument of accession signed by the Dogra ruler of Kashmir with the Government of India. Most importantly, it took away the special status of the Kashmiris. It is tragic that, following the abolition of Article 35-A of the Indian Constitution, the Indian government is allowing Hindu settlements under a new domicile law designed to bring in demographic and electoral changes to IIOJK. These changes have inflicted more pain and misery on Kashmiris, who have now been deprived of their honourable identity and respect.
The Modi government continues to use over 900,000 security forces to unleash a reign of terror in which the rights of the people of IIOJK are trampled with impunity. These actions have failed to break the will of the Kashmiris, who continue their indigenous movement despite brutal killings, rape, disappearances, and denial of even basic human rights.
It is most unfortunate that the world largely watches silently as the basic human rights of the people of Kashmir are violated. Although there is no doubt that since India’s unilateral action on August 5, there has been some developing criticism of New Delhi’s actions from several quarters, including international humanitarian organizations, these voices have been largely subdued.
The international community is reminded to show support for the people of Kashmir on Kashmir Solidarity Day. It is also a reminder of the need to settle this longstanding dispute between India and Pakistan.
The international community needs to acknowledge the unending struggle and sacrifices of Kashmiris by opening up their conscience and legal doors. A stern stance on India’s non-cooperation over human rights violations with the UN’s Office of the High Commissioner for Human Rights (OHCHR) and not accepting responsibility for unconstitutional acts in IIOJK must be taken up by the international community.
Contrary to the Indian claim that Kashmir is an internal issue, it remains a disputed territory. It is accepted as a dispute under the Simla Agreement. Historically, India brought the issue to the United Nations on July 1, 1948. The UN Charter, under Article 35 of Chapter 6, dealing with settlements of disputes, clearly establishes that it is an ongoing dispute. The United Nations has passed over 23 resolutions on Kashmir, none of which can be revoked unilaterally by any country except the UN. As such, the Indian argument that these resolutions are old and invalid holds no water.
India has progressed to be the fifth-largest economy in the world. The international community should not sacrifice the rights of the Kashmiri people on the altar of economic dividends. The voice of Kashmiris must be heard. Kashmir Solidarity Day is an occasion to make the world aware of the plight of the Kashmiri people.
The Kashmir dispute needs to be highlighted at various international forums more vociferously. A new pragmatic approach is required to lay out solution-based policies. We require tangible actions based on input from experts to devise wide-ranging media and communication policies and bring together Pakistani diasporas and influential Kashmiri and international human rights activists. Mobilising civil societies and making effective use of social media against Indian aggression is the need of the hour.
Any new policy initiatives should focus on gross violations of human rights in IIOJK. The world would be far more receptive to looking at Kashmir as a human rights issue rather than only as a territorial dispute. Furthermore, there is a need to build legal expertise on Kashmir that can challenge and counter the Modi government’s narrative on Kashmir.
Pakistan has and will continue to stand with the brave people of Kashmir in their just struggle for self-determination. The Kashmir issue, if left unresolved, will continue to make the South Asia region unstable, and regional peace and intra-regional trade will remain a mirage.
The early resolution of the Kashmir dispute is a necessity. It is high time the international community started giving it significance and pressing India to abide by its commitments under international law.
Without peace in Kashmir, there can be no regional peace or prosperity in South Asia, which is populous, poverty-ridden, and vulnerable to climate change.
The writer is a research analyst at the Institute of Regional Studies in Islamabad
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