KASHMIR -REGIONAL AND INTERNATIONAL DIMENSIONS
Written By Dr Mubeen Shah on July 2, 2020 (https://economykashmir.home.blog/2020/07/02/kashmir-regional-and-international-dimensions/)
#KashmirNarrativeToBeToldByInternationaLIcons
#KashmirRejectsDomicileLaw
#ReleaseOfKashmiriPrisoners
#HaltHumanRightViolationsInKashmir
#KashmirLivesMatter
#KashmirBleeds
#KashmirDemandsSelfDetermination
WAY AHEAD TO SETTLE KASHMIR – REGIONAL AND INTERNATIONAL DIMENSIONS
In order to settle Kashmir there is a need to speak about the present reality of Kashmir
KASHMIR’S PRESENT REALITY.
There is and has been a strong movement for freedom by the people of Kashmir through the RIGHT OF SELF DETERMINATION which has been guaranteed by the United Nations through different resolutions on the matter beginning numbers 47 to numbers 122 passed starting from the year 1948 the most important ones, being of the free and impartial plebiscite.
At the present time, three powerful outside forces are standing in the way of this freedom of the Kashmir citizens: India, Pakistan, and to a limited, yet growing sense, China.
Pakistan and China we as Kashmiris are sure will decide to settle Kashmir as per the aspirations of the Kashmiri people, while India is putting all impediments to implementing the plebiscite they have agreed to in the United Nations
Although the various outside forces have their own reasons for maintaining their hold on geographical areas of Kashmir, thus denying the freedom necessary for Kashmir’s people, they must recognize that in the long run, this freedom will come about. Just look at the current and past events throughout history.
South Asia can be secure only if Kashmir is peaceful and tranquil. This was already told yesterday by Turkey’s ruling Justice and Development (AK) Party lawmaker Ali Sahin yesterday also and I emphasise it more. That tranquillity cannot be ensured through the barrel of the gun. Peace in the region is possible only when the legitimate aspirations of the people concerned are acknowledged and honoured by all the parties concerned. Kashmiris are not asking for the moon. Like every other nation, we yearn for democracy, rule of law, human rights and good governance.
I take the opportunity here to thank Mr Ali Sahin for his statement yesterday that “Children of Srinagar are the children of Ankara. Women of Kashmir valley are the women of Anatolia. Tears of the Kashmiri mothers are the tears of Turkish mothers.” and hope that this is the view of all countries who believe to work for the self-determination of Kashmir
We don’t want to be a bone of contention for the nuclear-armed countries. We will be an excellent bridge for all the peoples of the region regardless of their ideologies. After all, we were on the ancient silk route hosting caravans from different places resulting in well-being all around.
For no fault of ours, we are responsible for the abysmal poverty of the region because all scarce and precious resources of the region are dumped in the arms race. We have illiteracy, disease, and malnutrition because of the arms race only to subjugate us.
Why not turn the leaf-grant us our long-denied rights, guaranteed by the UN charter, sanctified by relevant UNSC? resolutions, international covenants regarding various rights— political, civil, economic, social and cultural and the 4th Geneva Conventions.
History of the last 73 years has proven that Kashmiris will not surrender their rights no matter what ploys are used to tame them. The urge for freedom is embedded in the DNA of all Kashmiris.
We continue to suffer physically, economically, and mentally and are rendering enormous sacrifices to win our freedom.
The world has to understand that we have got lockdowns of 3000 days in the last 30 years and the people of the world realise now what a lockdown is like by facing varied lockdowns during COVID-19.
What we want as a Kashmiri who has suffered in various ways including the internment of 4 months in a cell in Agra jail after they removed the 370 and 35 A of their constitution and have been booked for Sedition on a Facebook post advising people of Kashmir to put a collective fight against ‘settler-colonialism’ of India after they started issuing Domicile certificates
- RIGHT OF SELF DETERMINATION
guaranteed by the United Nations through different resolutions on the matter beginning from number 47 to number 122 passed starting from the year 1948 the most important ones, being of the free and impartial plebiscite.
- STOPPAGE OF DEMOGRAPHIC CHANGE
India stop any moves towards changing the demographic structure of Indian Administered Kashmir as they are illegal and in violation of international law, particularly the 4th Geneva Convention. - HALT HUMAN RIGHTS VIOLATIONS
India halt its human rights violations, stop the indiscriminate use of force including the use of pellet guns, lift the unabated military siege and inhuman lockdown, repeal its draconian emergency laws, allow the exercise of fundamental freedoms, and release all illegal detainees;
- RELEASE OF PRISONERS
The Indian govt needs to release all prisoners without any delay, particularly who have been taken under preventive detention after 5th August 2019.
The whole of Kashmir has been aptly described in an article as a “Crisis Constitutionalism, Permanent Emergency and the Amnesias of International Law in Jammu and Kashmir”
Unfortunately in India in the case of Kashmir, the courts have become an extension of the executive and this law of PSA has been used on everyone and everybody, where the highest Indian court has also failed us as the basic thing of individual liberty, has been compromised and in case of Kashmir even their own directions
Now after discussing, I put forward the
REGIONAL AND INTERNATIONAL DIMENSIONS
We expect all nations devoted to justice, equity, democracy and fair play to join our struggle for freedom. It would be a negation of their conscience and political ethos to barter away our rights at the altar of trade considerations in relation to our oppressors.
Keeping the above in view and the Principals involved in the above there are many grey areas as it is not an ideal world and there is a sea view of the regional countries first and then in turn the world.
We have to understand that in everything particularly in the case of Kashmir, each regional country will think through its national interest first and then other things.
Out of the extended region of Asia and the Middle East besides Central Asia which I consider a regional area of ours as we have been connected to this area for centuries which unfortunately got blocked after 1947 how many countries support us in our endeavour?
I think the majority of them led by China, Pakistan and Turkey openly support us while others have still not come out in the open.
The latest communique of the OIC has given hope that it will be a start of the settlement of Kashmir based on truth and Haq and if we go through the points, particularly which have been decided will be known to everyone like
a) rescind its unilateral and illegal actions, and allow the Kashmiri people to freely exercise their right to self-determination through an UN-supervised plebiscite; ( RIGHT OF SELF DETERMINATION )
b) India halt its human rights violations, stop indiscriminate use of force including the use of pellet guns, lift the unabated military siege and inhuman lockdown, repeal its draconian emergency laws, allow the exercise of fundamental freedoms, and release all illegal detainees; ( HALT HUMAN RIGHT VIOLATION ) ( RELEASE OF PRISONERS )
c) India stop any moves towards changing the demographic structure of IOJ&K, as they are illegal and in violation of international law, particularly the 4th Geneva Convention. ( STOPPAGE OF DEMOGRAPHIC CHANGE )
d) India provides unhindered access to the OIC, IPHRC and UN Fact Finding Missions, OIC Secretary General’s Special Envoy for Jammu and Kashmir, and international media to investigate human rights violations in IOJ&K;
What needs to be done:
Keeping in view that the situation is dynamic all the time there is a need to do the following
Breaking the status quo in favour of Kashmiris
India has broken the status quo which was there since 1947 on 5th August 2019 when they took away the 370 and 35 A articles of their own constitution which were giving a nominal autonomy which had been diluted already except that Kashmiris still enjoyed a guarantee on ownership of land and domicile reservation for Kashmiris which now is removed completely by a change in laws which has given rise to the fear and certainly a possibility of demographic change which is a fact of life in Palestine and will become a fact in Kashmir soon.
So how to change all this in favour of Kashmiris?
I suggest the following :
- Being a person who has been connected with the economy of Indian-administered Kashmir I had advocated from the day, I became President Kashmir Chamber of Commerce & Industry in 2006 that the Indian Govt declares our side of Kashmir as a Free economic zone which converted into a demand for declaration for the whole of Jammu & Kashmir as a FREE ECONOMIC ZONE when I became the President of the Joint Chamber of both sides of Kashmir ( JKJCCI) in which besides the Kashmir chamber we had the Jammu chamber as well as AJK chamber and I take the opportunity of this platform to advocate the Govt of Pakistan to declare WHOLE OF AJK a FREE ECONOMIC ZONE and not specific areas as Special Economic Zone as presently done. With its natural connection with CPEC it will make a difference to the whole AJK and at the same time give hope of thinking out of the box as the solution to KASHMIR by advocating the declaration of the whole of J&K as a FREE ECONOMIC ZONE which will help the cause internationally as well and break the status quo. The Pakistan Govt through its friends and countries like Saudia Arabia, UAE, and the USA who have good relations with India can push India for declaring their side also with the same status. This model of mine is now further relevant by the action of the Chinese govt to safeguard the CPEC as everybody believes the recent incursions in Ladakh point to the region, as well as the world, can not afford the risk of nuclear war not only between India and Pakistan but now between China and India. This will be a win-win situation for everyone particularly the 65.46% of the human population living in China (31.35%,1.42 billion ), India (29.72% 1.35 billion ) Pakistan (4.39% .20 billion ).
I have written papers on it on my blog Kashmir “ THE ULTIMATE OASIS” as long back as 2015 https://kashmirultimateoasis.wordpress.com/2017/01/08/kashmir-the-ultimate-oasis/ and once CPEC became operative wrote a document on the same impact of CPEC to explain the above concept https://economykashmir.home.blog/2020/04/26/impact-of-china-pakistan-economic-corridor-on-kashmir/ - If the above is not possible then Pakistan has to declare the AZAD KASHMIR GOVT ( AJK ) INDEPENDENT IN ALL RESPECTS IN MUZAFFARABAD to fight the freedom war and to get it recognized like Palestine with the AJK govt representing the voice of the Kashmiri people
- If Pakistan has reservations about the second option the third option is to declare a J&K govt in exile having representation from the AJK govt besides people from the NRK community in a country that supports Kashmir like Turkey or Malaysia.
All of the above is important to take things forward and need to be done urgently like
• Approaching organisations like the INTERNATIONAL COURT OF JUSTICE AND INTERNATIONAL CRIMINAL COURT AS SUGGESTED BY LORD NAZIR Yesterday
It is important that Pakistan or regional countries who support our need to go to the ICJ for Kashmir in regard to war crimes against Kashmiris which is a disputed area as well as explore the possibility of taking our issue
of PSA detentions and other human rights.
One of the worst lawless laws is the PSA under which our people are reeling and the application of this law on civil society activists which include lawyers , businessmen, doctors , teachers etc is the reason Kashmiri are not able to even dissent and speak out against the laws they are applying
• Implement and work for the decisions taken in the latest communique of the OIC as stated already time is of the essence and it needs to be emphasised by a dedicated team and people focused on getting these implemented.
• KASHMIRI BDS movement against India
“Boycotts, Divestment and Sanctions” movement against India over its atrocities in Kashmir.
This is an important action which we need to be planned, & execute as we know this is going to affect India’s Economy and is now critical. Although the honourable President of AZAD KASHMIR MR Masood khan has been suggesting it for a certain time for specific things I feel it has to be across the board and I am encouraged by seeing yesterday a news report where 250+ prominent South Africans call for sanctions to stop the annexation of Israel under the BDS movement of Palestine against Israel. Let us use our Kashmir Diaspora to peacefully picket the corporates all over the world to stop trade and investment in India while the governments impose sanctions and war crime cases against security officers who have done these war crimes in Kashmir so that they are made accountable.
NEED FOR INTERNATIONAL ICONS IN ENTERTAINMENT / SPORTS FIELDS
There is also a need to have international icons in the entertainment/sports fields to communicate our true and justified narrative to the world just like what has been recently created by Turgay Evren “”” Kashmir is my name “