Tuesday 30 January 2018

Shabir Choudhry on right of self - determination Full text of Dr Shabir Choudhry’s speech at the UN Commission of Human Rights.

Shabir Choudhry on right of self - determination
Full text of Dr Shabir Choudhry’s speech at the UN Commission of Human Rights.
 
United Nations Commission on Human Rights
60th Session (15 March 23 April 2004)
 
Item V: The Right of Peoples to Self-Determination and its application to people under colonial or alien domination or foreign occupation.

Intervention made by Dr Shabir Choudhry, BA (Honours), Mphil, PGCE, NVQ Trainer/Assessor and PhD.
·      Accredited Representative of World Peace Council
·       Spokesman of International Kashmir Alliance
·       Chairman of Diplomatic Committee, JKLF UK & Europe
·       Central Committee Member of JKLF
·       Director Institute of Kashmir Affairs
 
Thank you Chairperson.

The Charter of the UN declares that one of its purposes is to promote the right of all peoples to self determination (article 1 paragraph 2). And the right to self – determination is defined as ‘the ability of a people to collectively determine its political status and to pursue its own economic, social and cultural development’ (resolution 2200 A parts 1 and 2).
 
UN General Assembly Resolution 2625 of 1970 stated that “Every state has the duty to promote, through joint and separate action, realization of the principle of equal rights and self – determination of peoples”.
 
Recognition of this right is particularly important if we want to create conditions under which individual human rights could be appropriately protected and promoted. Denial of right of self - determination is, in fact, denial of all other human rights because it is through this right people could give meaning to other political, social and cultural rights.
 
And when a government is established as a result of exercising peoples right of self – determination, then that government can protect rights and interest of its people; but a government which is exercising control over foreign people will pursue policies to further its own interest, and that is likely to undermine rights and interests of the indigenous people.
 
It is unfortunate to note that some states, even though they are signatory to the UN Charter, deny indigenous people right to self - determination under international law. These states actively and explicitly deprive people of their basic human rights, and oppress and subjugate those who seek right of self - determination; and it should be of great concern to the UN and all organizations supporting human rights.
 
The citizens of State of Jammu and Kashmir are unfortunate people who have been denied of this basic human right - a right which is bestowed to every human being by nature, and which is supported by relevant UN resolutions. The State of Jammu and Kashmir was forcibly divided in 1947 before the people could exercise their right of self determination. To date the State is forcibly divided between India and Pakistan and people of Kashmir have had no opportunity to exercise this basic human
right to determine their own future.
 
The UN Security Council Resolutions on Kashmir are very clear that no elections, whether fair or rigged, could substitute right of self- determination. However, I concede that elections have an important role to play in a society. It is a process that could help people to elect their representatives who could work for the welfare of the people.
 
When the case of Kashmir and its future was discussed in the UN Security Council, unfortunately it was Pakistani government which suggested that the Kashmiri peoples right to determine their future should be limited to either acceding to Pakistan or India, hence depriving the people to enjoy and exercise full right of self
determination, which is fountain of all other rights.
 
This right of Kashmiris which was limited on the request of Pakistan was further curtailed by the government of Azad Kashmir/Pakistan. Dr Nazir Gilani Secretary General of JKCHR in a written statement (E/CN.4/ 2003/NGO/135) submitted to the UN Commission on 12 March 2003, stated, and I quote:
 
“The Kashmir government at Muzaffarabad remains in serious breach of its Provisional Declaration – ‘The question of accession of Jammu and Kashmir to either Dominion can only be decided by the free vote of the people in the form of referendum’, by enacting a legislation under its 1974 Constitution under article 7 (2) stating that ‘ No person or political party in Azad Jammu and Kashmir shall be permitted to propagate against or take part in activities prejudicial or detrimental to the ideology of the State’s accession to Pakistan.” Unquote.
 
Whereas after the forced division of the State, areas under India remained one political entity; but the areas under Pakistan were divided in to three parts. One area is known as Azad Kashmir where Pakistan has indirect control, other area is under direct control of Pakistan and is known as Gilgit and Baltistan, but this area was further divided and area consisting of more than two thousand sq miles was given to China.
 
The Kashmiri people could not exercise their right of self determination because both India and Pakistan failed to agree on issues related to demilitarization, but consequence of that is subjugation and oppression and forced division of the Kashmiri people. It is the Kashmiri families who have been separated by force for the past 56 years; and it is the Kashmiri people as a whole who have been deprived of basic human rights.

The elections in Azad Kashmir held in July 2001 were marked by complete apathy on the part of the international community in the mistaken belief that the Kashmir issue involves only denial of political rights by India. The leadership that has emerged in Azad Kashmir as a consequence therefore comprises only of those committed to making Kashmir a part of Pakistan. The majority of the people, who disagree with the stipulation that they should accept accession to Pakistan, are made to suffer in different ways, including denial of employment, government contracts and opportunities to undertake private enterprise.
 
The people of Gilgit and Baltistan, spread over an area of 28,000 sq. miles, do not have even those rights enjoyed by the people of Azad Kashmir. And leaders of Gilgit and Baltistan National Alliance who I have met during my recent visit to Azad Kashmir and Pakistan were furious over the conditions under which they had to live. They were unanimous in their demand that they are not part of Pakistan and would like to, at least, get status enjoyed by the people of Azad Kashmir.
 
I hope this Commission would agree that the people of Gilgit and Baltistan and Azad Kashmir have the same rights and protection under the Universal Declaration of Human Rights as those in other parts of the world. I wish to emphasise that the UNCIP Resolution of 5th January 1949 in which Kashmiri peoples right to exercise full right of self – determination was limited, at least their basic rights were protected in this Resolution. Section 7 of that resolution reads as follows that:
 
(a) There is no threat, coercion or intimidation, bribery or other undue influence on the voters in the plebiscite;
 
(b) No restrictions are placed on legitimate political activity throughout the State. All subjects of the State, regardless of creed, caste or party, shall be safe and free in expressing their views and in voting on the question of the accession of the State of India or Pakistan. There shall be freedom of press, speech and assembly and freedom of travel in the State, including freedom of lawful entry and exit;
 
(c) All political prisoners are released;
 (d) Minorities in all parts of the State are accorded protection;
 (e) There is no victimization.
 
Chairperson, in conclusion, I wish to urge this Commission to acknowledge and recognise the denial of the right to self-determination to the people of Kashmir on both sides of the divide, and that both governments in their own way are responsible for the miseries of the Kashmiri people. END

 


Monday 29 January 2018

Jammu and Kashmir, Seventy years - achievements and failures, Speech of Dr Shabir Choudhry in All Parties Kashmir Conference in England.

Jammu and Kashmir, Seventy years - achievements and failures

Speech of Dr Shabir Choudhry in All Parties Kashmir Conference arranged by Kashmir National Party in Luton, England.

Seventy years is a long time; and it is not possible to take account of the entire period. However, I will endeavour to point out some salient points.

1.   In 1947, the State of Jammu and Kashmir was one political entity. Like any other nation, people of Jammu and Kashmir also had disagreements on social, economic and political issues; but they did not have animosity and hatred against each other. They all regarded themselves as citizens of Jammu and Kashmir; and they all had a sense of belonging to a nation and a State.

2.   After 70 years, our State is divided in four different parts; and three nuclear powers control various parts of the Jammu and Kashmir State. Sadly, our sense of belonging to a nation or Jammu and Kashmir has weakened. Today people like to be called Pakistanis, Indians, Gilgitis, Baltis, Ladakhis etc.

3.   It is also disturbing to note that today we are more divided than we were in 1947. Our level of tolerance is very thin; and people openly express hatred and animosity against each other. They don’t want to live as a nation within the recognised borders of the State; and Lakhs of inhabitants have been forced to leave their homes where they lived for centuries.

4.   In 1947, the main political party, National Conference openly demanded an independent Jammu and Kashmir. Top leadership of the second political party, Muslim Conference also supported an independent Jammu and Kashmir. One has to see statement of Acting President of Muslim Conference Chaudhry Hameedullah Khan issued in July 1947; and which was reiterated by the Muslim Conference Working Committee on 18 July 1947. The Muslim Conference Working Committee passed a resolution in support of the Maharaja and an independent Jammu and Kashmir. Of course, extremists in the party, on behest of Muslim League, changed this in unconventional meeting next day.

5.   If Pakistan is attacked by Iran; and Shia community of Pakistan decide to support Iran in this war. What will Pakistan government, Pakistani security agencies and people call these people who supported a neighbour because of religious affinity? Of course, these people would be castigated as traitors and collaborators because they betrayed their own country.

6.   Why this rule changes when it comes to Jammu and Kashmir. There were Muslims of Jammu and Kashmir who were employed by the Maharaja of Jammu and Kashmir government. They took oath of allegiance to be loyal to him and his descendants, protect his State and interests. They were paid salaries, uniform, training, guns and other benefits. There were other Muslims who were also subjects of the Rulers of Jammu and Kashmir.

7.   Pakistan, a country established in name of Islam, had a Standstill Agreement with Jammu and Kashmir State. Pakistan violated that agreement and attacked Jammu and Kashmir with intention of capturing it. They persuaded some Muslims of Jammu and Kashmir to betray their oath and the Maharaja, and join those who entered the State territory in name of ‘jihad’. Brief of the raiders was that everything that was removable was theirs, that meant they were at liberty to loot, plunder, kidnap women and rape them; and they ‘generously’ did that.

8.   People of so called Azad Kashmir were convinced and urged that they should regard those who betrayed the Maharaja, as heroes and leaders. Why those who betray Pakistan are traitors and those who betrayed the Maharaja are heroes?

9.   By respecting these collaborators as heroes and leaders, are we not also responsible for promoting agenda of GHQ of Pakistan? It is bitter fact that many of us with hat of nationalism are actually promoting agenda of Muslim nationalism, which was enunciated by those who planned and managed the attack on Jammu and Kashmir.

10.                 Our motherland is occupied by three different countries; but our struggle is against one country. Doesn’t this indicate to all thinking people; and the international community that we are advancing the agenda of those who in name of jihad attacked us in October 1947? The ‘jihad’ they started in 1947, still continues in different shape and form; and people of Jammu and Kashmir continue to suffer.

11.                 Afghanistan’s government has no writ over half of the country. Syrian government does not even have control over its capital, yet world over Bashar Al Asad and Abdul Ghani are recognised as Presidents of these countries. We are fooled by GHQ and their followers that a letter written by a man using a fake name, while he was in a Pakistani city of Rawalpindi was so powerful that it dismissed the Ruler of Jammu and Kashmir. This letter also dissolved the government of the Maharaja; and innocent people of Azad Kashmir are still fooled with these fake stories.

12.                 No one questions, what authority he had to dismiss the Maharaja of Jammu and Kashmir? What happened to that government he established on papers? In the statement, which was published in some Pakistani papers, the man using fake name appointed himself President of Jammu and Kashmir State. What happened to this so-called President? Under what authority he appointed himself ‘President’ of Jammu and Kashmir? We believe in these fake stories, and then complain that the international community does not support the Jammu and Kashmir struggle?

13.                 Despite the Standstill Agreement and despite Islamic assertion that Muslims must honour agreements and promises, Pakistan violated the Agreement and attacked Jammu and Kashmir on 22 October 1947 with intention of capturing Kashmir. The attackers were at liberty to loot, plunder, kidnap women and rape them. Muslims of Jammu and Kashmir, especially Muslims of so called Azad Kashmir were led to believe that these invaders were overwhelmed with sentiments of jihad and came to ‘liberate’ Muslims of Kashmir.

14.                 It is sad that we are very badly trapped by the policy makers of Pakistan in this unnecessary debate and confusion about the so - called government of 4th October, and the tribal attack and its objectives. Muslims of Azad Kashmir zealously discuss these issues and attack each other; at times, calling each other agent of India or Pakistan.

15.                 While we people of Jammu and Kashmir are busy in this contest of calling each other agent, traitor, Kaffir, atheist, Wahabi and Mushrik etc, our occupiers are busy strengthening their holds on various parts of Jammu and Kashmir.

16.                 In conclusion, Mr Chairman, I sadly say that we are more divided today than we were in 1947. We have built high walls of extremism, regionalism and hatred. We are moving in different directions; and sadly, some still claim and make lofty claims about our achievements when we are not even regarded as a party to the dispute because the future of Jammu and Kashmir is to be decided by India and Pakistan.

Writer is a political analyst, and author of many books and booklets. Also, he is Chairman South Asia Watch, London and Director Institute of Kashmir Affairs.