Time to accept the facts

Published in Daily Rising Kashmir

Time to accept the facts

http://www.risingkashmir.com/index.php?option=com_content&task=view&id=21415&Itemid=44

Against the solemn pledges of its founding fathers, India can’t escape from its international obligation of granting the right of self-determination to Kashmiris

Waseem Shah 

Eight young souls have fallen prey to the military prowess of Indian forces since the beginning of 2010. Bolstered with the unbridled powers, the security forces have become reckless and callous with least regard for human life. They easily escape from any sort of accountability and enjoy the freedom to kill whom they like. Kashmir is nothing but a combatant zone where they (security forces) have been deployed to restrict, stifle and muzzle the voice of people.

According to Universal Declaration of Human Rights, it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, which is rarely seen in Kashmir. As even peaceful protests by Kashmiris demanding their right of self determination, promised by India, are being dealt with iron fist.

It was India who took Kashmir dispute to UN and promised plebiscite to Kashmiris before the whole world. In his historic address broadcasted by All India Radio (AIR) on November 2, 1947 then Indian PM Pandit Jawaharlal Nehru said, “We have declared that the fate of Kashmir is ultimately to be decided by its people. This pledge we have given, while the Maharaja has supported it, not only to the people of Kashmir but also to the world at large. We are prepared when peace and law and order has been restored to have referendum held under the auspices of UNO.”

But how bizarre it is, on the part of India which claims to be world’s largest democracy, to backtrack on its own promise so brazenly and then lay claim for permanent membership of UNSC of whose resolution it is continuously violating. Against the solemn pledges of its founding fathers and relentless struggle of the people of Kashmir, India can’t escape from its international obligation of granting Kashmiris the right of self determination. Time cannot abrogate moral values and commitments nor invalidate international community’s right to intervene in conflicts arising from denial of freedom. We have the example of East Timor, where a dispute was settled through a reference to the wishes of people under UN supervision, where Indonesia upheld people’s verdict.

How shameful for India that on one hand it parrots peace to the world and is proud of its peacekeeping efforts in many parts of world as in DRC, MONUC and on another hand dreaded killers and extortionists whose hands are drenched red by the blood of innocent Kashmiris who are demanding nothing but the life of their own choice.

Kashmir dispute is lingering because of hypocrite attitude of Indian leadership and with it the peace and security of South Asia is in peril, though subtle the re-engagement of India and Pakistan is a welcome step but needs to be followed with sincerity and without any pre-conditions attached to it, but yes talks which sans Kashmiris are bound to fail as is evident from the past. Kashmiris are the real stake holders as their every thing is on stake, neither they nor their national aspirations can be kept aside forever. 

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Human Rights & Self Determination

Kashmir is an internationally recognized dispute and there are as many as eighteen resolutions which have been passed by UN’s Security Council favoring Kashmiri people’s inalienable and unfettered right of self determination. According to International Court of Justice the principle of self-determination has the legal status of “erga omnes” which means “flowing to all”. Accordingly state owes an obligation to the international community to respect this basic right of people under their jurisdiction or administration in all circumstances. But after six decades this basic and fundamental right is yet to be respected in Kashmir and Kashmiris continues to remain oppressed, victimized, humiliated and enslaved. The denial has led to massive human rights violation, brutal killings, arrests, detentions, rapes and molestations enforced disappearances and custodial killings, these the tools used by the state to muzzle and stifle the voice of Kashmiris.

Since only from January this year eight young souls have fallen prey to the tyranny of troops and police forcing people to come on streets and government to bring back the ghost of undeclared curfew’s to suppress the protests against human rights violations. Despite government calling for probes to give ‘exemplary punishment to the culprits’ nothing has been done so far, as troops continue to indulge in massive human rights violations with lack of accountability and the availability of impunity.

There are many cases where the perpetrators of have been identified yet they have got away because of the presence of the draconian laws which are empowered to them. Indian Prime Minister’s assurance on the soil of Kashmir about ‘Zero tolerance’ to human rights violation proves a mere political gimmick. And will prove so in future as long as the draconian laws which are implemented in the state are not withdrawn, which will also make atmosphere conducive for the resolution of Kashmir dispute.

It was India who took Kashmir dispute to U.N and promised plebiscite to Kashmiris before the whole world. In his historic address broadcasted by All India radio on 2^nd November, 1947 then Indian P.M Pandit Nehru Said “We have declared that the fate of Kashmir is ultimately to be decided by its people. This pledge we have given, while the Maharaja has supported it, not only to the people of Kashmir but also to the world at large. We are prepared when peace and law and order has been restored to have referendum held under the auspices of UNO.”

How grotesque it is on the part of India which claims to be world’s largest democracy to renege and backtrack on its own promise of plebiscite so brazenly and then lay claim for permanent membership of UNSC of whose resolution it is continuously violating. Against the solemn pledges of its founding fathers and relentless struggle of the people of Kashmir India can’t escape from its international obligation of granting Kashmiris their right of self determination by calling U.N resolutions as outdated. Time cannot abrogate moral values and commitments nor invalidate international community’s right to intervene in conflicts arising from denial of freedom. We have the example of East Timor, where a dispute was settled through a reference to the wishes of people under UN supervision, where Indonesia upheld people’s verdict.  

How shameful for India that on one hand it parrots peace to the world and is proud of its peacekeeping efforts in many parts of world as in DRC, MONUC and on another hand dreaded killers and extortionists whose hands are drenched red by the blood of innocent Kashmiris demanding nothing but the life of their own choice are awarded and encouraged to do more and praises are lavished on them for their ‘public services’. 

Kashmir dispute is lingering because of such hippocratic attitude and policies of Indian leadership and with it the peace and security of South Asia, though the recent thaw in Indo-Pak relations is encouraging after India expressed desire to resume talks which may be restarted after Chidambaram’s visit to Pakistan yet the success lies in sincerity and respecting human rights, pledges and resolutions to which both India and Pakistan are signatories as continued stand-off suits neither India nor Pakistan.  

Broken Promises

Published in Kashmir Watch
http://www.kashmirwatch.com/showexclusives.php?subaction=showfull&id=1264332143&archive=&start_from=&ucat=15&var1news=value1news
The increase in human rights violations despite the promise of zero tolerance by none other than Indian Prime Minister himself and step up in militant activities across the valley clearly indicates the failure of ‘peace process’ to produce any concrete result of whose effect would have been felt on ground and would have provided some relief to the victimized and assuaged the bruises of people of Kashmir. This ‘Peace process’ which both India and Pakistan had claimed to be irreversible now has got stalled by one or other reason mainly due to the belligerence and obduracy of India as it continues to be in denial mode and always takes shelter in employing time gaining tactics mainly when it comes to the core dispute of Kashmir.

The recent peace conference in New Delhi and many other such conferences have more or less advocated for phased withdrawal of troops from Jammu and Kashmir and revocation of draconian legislations, which are the main source of human rights violation as they provide unbridled powers to troops and provides them total impunity from any sort of accountability, in Kashmir as valid suggestions for making atmosphere conducive for any meaningful and result oriented talks to happen and succeed.

Indian leadership, which continues to harp on the rhetoric of Mumbai attacks to find an exit route from any meaningful discourse on Kashmir dispute and eventually to put the blame of failure on its neighbor’s shoulders, should take cue from Pakistan as despite facing tremendous problems at their home in shape of cruel and continuous bombings which have taken heavy toll of precious lives there (of which they claim to be even have documented proof of India’s involvement) are still sticking and calling for stalled ‘peace process’ to be resumed rather than pointing fingers at India as they fully know that such exercises are tantamount to be playing on the nefarious designs of terrorists who want to scuttle any such move which will usher an era of peace, prosperity and security in South Asia.

Indian policy makers should kept in mind that Kashmiri nation has never accepted slavery nor they will in future, this nation has given innumerable sacrifices for the sake of complete independence and has continued the heroic resistance which is alive and kicking right from 1585 A.D. The anger and resentment of people over the hackneyed policies of India on Kashmir can anytime snowball into full blown revolution much stronger than witnessed in 2008 which will shake the foundations of imperialistic vampires as the fourth generation of Kashmir’s is fully committed towards the sacred goal of Independent and Sovereign Kashmir and are abreast with the technological know how.

How grotesque it is on the part of India which claims to be world’s largest democracy to renege and backtrack on its own promise of plebiscite so brazenly and then lay claim for permanent membership of UNSC of whose resolution its is continuously violating. If time is the criteria for things to become outdated then so called accession, if any it has happened, has become outdated even more than U.N resolutions calling for unfettered right of self determination to allow Kashmiris to decide their fate freely. Even according to so called instrument of accession which India harps on mentions it to be conditional and temporary, subjected to reference to the will of people for its ratification. So India is bound by both ways to honour its commitment of holding plebiscite to ascertain the wishes of Kashmiri people.

Instead of creating suspicion and dissention among Kashmiri leadership by drumbeating about so called quiet talks to defer the solution of Kashmir dispute which means sowing the seeds of future unrest with colossal dimensions India should shun its outdated policy of subjective rhetoric and polemics and should display sagacity, prudence and magnanimity and a strong will to address the Kashmir dispute as continued logjam will jeopardize the strategic interests of both India and Pakistan. India should initiate meaningful steps to remove deep mistrust in the hearts and minds of Kashmiris which she has creating by her wrong policies and should held tripartite talks involving Pakistan. The sane and seasoned leadership of Kashmir will be there to help both India and Pakistan to come out of this vortex and quagmire honorably.

Kashmir Questions And Answers -II

This is the second part of my interview with M K Tayal Editor Correspondent who is aiming to prepare report about the situation in Kashmir valley and its contours.



http://www.kashmirwatch.com/showexclusives.php?subaction=showfull&id=1254876557&archive=&start_from=&ucat=15&var1news=value1news



Considering that you have been brought up since the militancy started, how many operations would you have seen?

Being born in one of the sensitive area (downtown (Shaheri - Khas) Srinagar) of Kashmir which has always remained the citadel of movement, though kid in early 90’s but I have faint memories of early stages of armed rebellion, how young and old men were called for parades and cordons laid around every were and in our area and houses searched, how bodies of armed fighters were taken in procession towards martyrs graveyard Eidgah amid sky renting pro-independence slogans from our area and females wailing many bare footed running after processions mourning their loved ones who got killed at the hands of Indian forces. I still remember the names of the gory army operations: Operation Eagle, Operation catch and Kill, Operation Tiger in those days. One of my neighbor, Hilal alias waza a young guy hardly would have crossed 25 then associated with armed rebellion he was catched by forces in one of the cordons he was severally tortured and his stomach was torn with some sharp edged weapon and when he was thrown dead intestines were visible and out of his belly. I will never forget that shivering incident. Indian security forces were given free hand to indulge in worst kind of human rights violation to muzzle and suppress the people demanding right of self determination. Even now these human rights violations continue unabated all with total impunity from the law of land. Forces have been guarded with draconian legislations such as AFSPA, PSA, DAA etc even youth are languishing behind bars under the acts that have been revoked. The constant abuse of human rights violations by Indian forces and denial of basic right i.e. right of self determination has added to the alienation of people and in the words of SAFMA this alienation is complete and irreversible.

What do the young feel about Independence?

Though it was widely believed that this fourth generation of Kashmiris is not interested in freedom movement and is disillusioned with movement and busy in their own affairs but the agitation of last year proved all those wrong. They showed the way and lead the agitation remaining at the fore front leaders just joined them. They showed that they have the passion, determination to face all the odds with resilience. Their spark enthusiasted entire nation. They have grown under the difficult circumstances and saw the conflict closely all along these years they are more resilient than their predecessors and abreast with know how of technologies in every field. It will be better for India to shun obduracy and intransigence and avoid confrontation with these die hard youth in future who strongly believe that freedom is their birth right and eventually save the future of entire Sub- continent from getting beleaguered.

Are those with AK-47s and bombs not terrorists?

I have said this in earlier question that it all depends on which perspective one sees and analyses the things. Terrorism and freedom struggle are two different things and need to be looked separately from each other.

If they are freedom fighters, why do they kill innocent people in Ahmedabad, New York or anywhere in the world?

Killing innocent people were ever they are is most condemnable and must be condemned by all and no cause can be justified by killing innocent people. Kashmiri fighters have taken the extreme step after every peaceful method was frustrated by India. It is Delhi and Delhi alone which facilitated commotion and pell-mell in Kashmir by installing stooges through sham elections. It is India who reneged on the pledge of Plebiscite and managed the strangulation of economy of Kashmir through neocolonialist mode of administration, so it is India who provided enough ammunition to Kashmiri youth for a revolt against its authority hell bent on enslaving Kashmir at gunpoint using lakhs of its forces.

Why have they been declared terrorist organizations?

Kashmiri movement is a national liberation movement, poles apart of that Alqaeda and Taliban, aimed to achieve the unification of its forcibly divided parts using the unfettered right of self determination promised under the 18 U.N resolutions to which both India and Pakistan are signatories and world witness to them. India has the added responsibility under what she calls the Instrument of Accession which according to her has been signed by Maharaja of Kashmir to let people of Kashmir decide whether they want to remain with India or Pakistan or choose to remain Independent. Despite their clarion commitment regarding referendum in Kashmir they blatantly reneged on their promise and doesn’t they feel that their betrayal and perfidy has costed them their honour as a great nation and then how India can stake claim to the permanent membership of U.N Security Council when it tramples the resolution passed by the same body under its military foot. Coming back to question British labeled Bhagat Singh as terrorist why because he was demanding freedom for his motherland and that went against the interest of British but for the same reason and for the same work he is remembered as hero and a martyr by Indians. Similarly Nelson Mandela, who was the leader of ANC’s armed wing Umkhonto we Sizwe, was declared as terrorist by White apartheid government and imprisoned for more than two decades in Robben Island and later he becomes president and is awarded a noble prize for peace for the same work for which he was declared as terrorist. So it is high time to stop looking from jaundiced vision and through the prism of west who until recently called the Taliban zealots as “Mujahideen” till it served their national interest and now the dreaded terrorists and threat to world peace. Kashmiri freedom fighters have limited their struggle in J&K and have no international agenda but India by using military approach to strangulate, batter and pulverize Kashmir is inadvertently communalizing what is a basically a simple political issue and hence many extremist groups have thrived on the sympathy wave and this was echoed by David Miliband as well when he wrote in an opinion peace that “ resolution of the dispute over Kashmir would deny extremists in the region one of their main calls to arms….”. India already with problems in more than 16 states shouldn’t let these groups to gain strength by leaving Kashmir dispute in limbo. So resolution of Kashmir is must otherwise its domino effect will engulf and destabilize the peace of whole of South Asia.

Have they not approached you to join them?

It is the ones own conscious that determines what to do. In one of the previous questions I told you that they have made way for political leadership to take the front seat as now the situation demands that, earlier they took the driver seat to highlight the Kashmir dispute in the international arena. Now it is for political leadership to the lead but India is not allowing that by imposing curbs on peaceful protests and rallies. Being the sons of soil they have made it clear that if India shuns the obduracy and accepts Kashmir as disputed as accepted by international community they will leave arms in an eye blink time. Because they haven’t taken arms as hobby nor they have any international agenda to follow their struggle is limited for the freedom and liberation of their motherland and to remind India of its own promise of plebiscite.

If they have, why have you not joined the cause?

Aggression is not only on one front but is launched on all fronts to consolidate hold on an occupied territory by an occupier be that Militarily, Political, Diplomatic, Economical. Social, Cultural onslaught, so the response to that demands struggle on all fronts not on any single one only. I to my best of my ability though not practically doing my bit towards contributing the sacred cause of Independence.

Why do you think is Pakistan supporting the militants?

You should look for the answer to this question in as why India supported the Bangladeshi’s Mukti Behni and with the active help of Russia embarked on a plan to cut the Bangladesh from Pakistan although it was a legal part of Pakistan according to the Partition act of 1947. Why Germany and Japan supported the Subash Chandra Bose’s Indian National Army.

Kashmir Questions And Answers -1

This is the first part of my interview with M K Tayal Editor Correspondent who is aiming to prepare report about the situation in Kashmir valley and its contours.

http://www.kashmirwatch.com/showexclusives.php?subaction=showfull&id=1254423893&archive=&start_from=&ucat=15&var1news=value1news
http://www.risingkashmir.com/index.php?option=com_content&task=view&id=17345&Itemid=44

What is the present situation in the valley?

Kashmir is a powder keg, rather a flash point in South Asia. Without its resolution there can’t be permanent peace and no guarantee of stability in whole Indian Sub-Continent. Regarding to present situation in Valley, situations are not permanent they keep changing with the occurring of events which shape it accordingly. Before Assembly elections National Conference had promised that if N.C comes to power it will release pro-freedom leaders, activists and other people, who had been imprisoned in the wake of agitation here due to economic blockade. But unfortunately despite passing off so much time they keep to be languishing in jails, others have been kept under house arrest and N.C has displayed iron-fist in dealing with the situation here, pro-freedom leadership is being denied political space and even peaceful protests by people is being ruthlessly stifled. Though there may seem a lull here but it is temporary such kind of arm twisting methods adds to the alienation among the people. It is infact these kind of things which slowly and steadily brew anger among people and which comes in the shape of some spontaneous reaction by people. Last year before June no outsider would have imagined that people who seem to be busy with their day to day affairs will rise in such large numbers that took observers and analysts by surprise seeing lakhs of people attending the marches breaking the myth of normalcy. Even after elections people protested in large number against the dastardly and inhuman double rape and murder of a teenage student and her sister in law in Shopian.

Should Kashmir get Independence?

As a Kashmiri definitely yes, many national and international opinion polls have suggested that over whelming majority of people of Jammu and Kashmir want to see Kashmir as an Independent, neither with Pakistan nor with India. There is an immediate need felt by many in India and Pakistan that this is the high time o resolve this dispute through tripartite talks so that it gets resolved peacefully and amicably. So on negotiations table nether India will accept to pull its troops and hand over its administered part to Pakistan nor Pakistan will do the same. And Kashmiris won’t accept any solution which negates their national aspirations. Already military solution to this dispute has been ruled out because both India and Pakistan are nuclear powers so can’t afford war. So the best possible way out is that both countries cease their claim over the respective parts of Kashmir under their control and allow them to get united and declare Kashmir as an independent country. It will be a buffer state between the two and a bridge of friendship between them. Lingering this dispute means to put peace, prosperity, progress, welfare and security of one and half billion people of South Asia in peril. So Independence of Kashmir as an Independent State recognized by India, Pakistan and World community is the only way out from this tangle.

Has the Indian government done enough for development?

This needs to be seen in right perspective. Kashmir has been bestowed with abundance of natural resources by Almighty especially water. But it has been exploited by India as well as Pakistan. Both Countries have builted large dams which suit their national interests and ironically Kashmiris on both sides have been left out. This is sheer injustice. India has stretched its claws over this sector and robbed Kashmiris of this resource. The power projects which are running in Kashmir are feeding north India and other states. Out of the total 24000 M.W’s which NHPC produce 16000 M.W’s come from Kashmir alone. And Kashmir gets only meager royalty which doesn’t cross more than 12 %. Kashmir at present has the potential of producing 20000 M.W’s of power and still we reel under darkness and power curtailments mostly in winter. And ironically we have to buy our own power generated by our water from northern grid at whooping costs. Due to Indus Water treaty Kashmir has suffered loss of more than 65000 crores so far. From a long time no productive investment has been made in Kashmir and Kashmir has been deliberately turned into consumer state our annual import from Indian states stands at more than 36000 crore rupees. And in this scenario India doesn’t do any favor to us by spending any amount in development. For your information the announcement of giving 24000 crore package to Kashmir few years ago by Indian P.M was made out of that 18000 crore were for power projects of which Kashmir doesn’t get any benefit. It is our money out of which few pennies are used in so called development.

Do you support calling a person with an AK-47 who dies in the valley a martyr?

My opinion doesn’t matter much in this regard. It depends on a person from which angle he sees the things in Kashmir. Kashmiri ultras are terrorists if one believes that they have no logic or right for holding gun against Indian rule. Similarly Subash Chandra Bose, Bhagat Singh, the great sons of soil of India, are terrorists if one believes British have the right to rule India. India promised right of self determination to Kashmiris before whole world and then backtracked. And in the instrument of Accession which India claims Maharaja has signed it is clearly mentioned that this accession is temporary subjected to ratification by the will of people of Jammu and Kashmir. So India is legally and morally bound to held plebiscite in Kashmir to ascertain wishes of people here. Elections as substitute to referendum were itself ruled out by India’s first Prime Minister Mr. Jawaharlal Nehru in the Indian parliament when he said that Elections in Kashmir are meant just for administrative purposes and neither that administrative assembly nor this ( Indian) parliament can deicide fate of Kashmir. Here as rejoinder I repeat the India’s first Prime Minister Mr. Jawaharlal Nehru’s pledge in January 1952 that “Kashmir is not the property of either India or Pakistan. It belongs to the Kashmiri people. When Kashmir acceded to India we made it clear to the leaders of the Kashmiri people that we would ultimately abide by the verdict of their plebiscite; if they tell us to walk out I would have no hesitation in quitting Kashmir….. We have taken the (Kashmir) issue to United Nations and given our word of honour for peaceful solution. As a great nation we cannot go back on it. We have left the question for final solution to the people of Kashmir and we are determined to abide by their decision…” (Amrit Bazar Patrika, Kolkatta, Jan. 1952). Armed rebellion in Kashmir started when India payed no heed to the moderate voices who called for peaceful settlement of Kashmir and to remind India of its own promise that is why when any armed guerilla dies in any encounter people here call him a martyr and thousands of people including women and children come out for his funeral amid tears and sobs of whom Indian media calls “terrorist”.

Is militancy about to end in Jammu and Kashmir?

Indian strategists and analysts live in fantasy and make believe world in this regard. Violence is not the favorite hobby or recreation of Kashmiri youth who have taken arms. It will die down in few days without the support of local population. As I said in earlier question there is emotional attachment of people towards armed guerillas because India frustrated every move for the peaceful settlement of Kashmir dispute so in one way itself responsible for the creation of militancy in Kashmir. Any struggle has two fronts Political and armed when you crush the peaceful and political struggle with brute force what is the alternative. But at this point of time they (ultras) have maintained low profile just to pave way for the peaceful struggle so it is upto India to grab the opportunity. Political struggle has been allowed to take the drivers seat by the resistance leadership and you saw last year how people of Kashmir transferred this struggle into peaceful one successfully, India should respect that and avoid repeating its mistakes as situation can take ugly turn any time. India should start meaningful and result orientated talks with Kashmiris and Pakistan and there should be some change felt on ground by common people of Kashmir. This should be the first step in resolving and addressing this issue. Till India harps on bogey of ‘integral part’ and ‘cross border terrorism’, ultras will feel tempted to continue their activities just to add to the Indian vulnerability and bewilderment. It is therefore absolutely preposterous to think about breaking the will and resolve of Kashmiri ultras through military operations.