Pakistan observes Kashmir Solidarity Day every year on 5th February to express unwavering political, moral and diplomatic support to the struggle of our Kashmiri brethren for their right of self-determination, as enshrined in the UN Charter and relevant UN resolutions. Following the conclusion of the World Wars, the decolonization process, the emergence of nation-states, and technological advancements demonstrate the necessity and awareness of implementing international law to improve the living conditions of those who are occupied. But certain nations—India foremost among them—continues to flout international law and their religious beliefs, violating every human right, especially in Indian Illegally Occupied Kashmir (IIOJ&K).
India has consistently disregarded United Nations resolutions, international law, and fundamental human rights since gaining independence in 1947. For example, it illegally and violently overran the Muslim-majority state of Jammu & Kashmir, violated the 1947 British Parliament plan, and promised a free and fair referendum under its own leader, Jawaharlal Nehru. The same thing was done in 2019 when India revoked Jammu & Kashmir’s special status under Articles 370 and 35(A) of the Indian Constitution, which recognize Kashmir as a disputed territory. Without even considering the concerns of the neighboring states, especially Pakistan.
India has been engaging in a number of tactics that violate fundamental human rights under the Universal Declaration of Human Rights (UDHR), specifically Articles 3 and 5, which guarantee the right to life and the right to live in freedom and safety, as well as the right to be free from torture and inhuman treatment, respectively. These tactics include rape, torture, mass killings, phony encounters, and extrajudicial killings.
Thousands of citizens, including demonstrators and political leaders, have been detained under the Public Safety Act (PSA), frequently without a trial, according to the Office of the United Nations High Commissioner for Human Rights (UNHCR). According to data from human rights groups like Amnesty International and Human Rights Watch, security forces have used excessive force on demonstrators and shotguns, which have resulted in multiple fatalities and serious injuries, primarily to the eyes.
The curfew and lockdown in Indian illegally occupied Jammu & Kashmir (IIOJK) have resulted in the worst human rights abuses. The people of Kashmir, however, are increasingly calling for total independence from India rather than just lifting the curfew. Pakistan also insists on foreign media and human rights group to be allowed access to raise awareness of the horrors occurring in IIOJK till Kashmiris are granted their fundamental right to freedom.
The revocation of the special autonomous status of the Indian Illegally occupied Jammu and Kashmir on 5th August 2019, under the Bharatiya Janata Party (BJP) government has undertaken a range of tactics to engineering Demography by favouring Hindus largely concentrated in the Jammu region of IIOJK. Prime Minister Narendra Modi revoked Article 370 of the Indian Constitution, which had guaranteed a special status to the state of Indian Occupied Jammu and Kashmir (IIOJK). Along with this, Article 35A was also abrogated which gave powers to the legislature of IIOJK to decide who are the state subjects and thus entitled to certain privileges like jobs, scholarships, aid and right to own property. Despite using most inhuman means like arbitrary arrests, extrajudicial killings, torture, use of pellet guns on unarmed protesters, and killing thousands of young Kashmiris, India has still not been able to break the will of Kashmiris and dissuade them from pursuing their basic right of self-determination.
Indian leaders frequently use misleading rhetoric to mislead the world community. Although Kashmiris are sometimes accused of terrorism by Indian leaders, the UN Charter, the 1948 Universal Declaration of Human Rights, and other UN declarations allow people to fight for their right to self-determination. Thus, it is not right to label the Kashmiri people’s struggle for freedom as terrorism. Regarding the claim of cross-border terrorism, India has rejected Pakistan’s repeated proposals to strengthen the role of UN Observers on the Line of Control (LOC).
India should remind itself of the UN Security Council resolutions on Kashmir, which it has consistently disregarded with impunity, as it vies for a permanent seat on the council. In a similar vein, the international community ought to acknowledge its obligation under the UN Charter to address the problem of Kashmir. Why can’t the UN resolutions on Kashmir be implemented if they can be implemented on Iraq, Kosovo, and East Timor?
The Indian authorities have failed the people of Kashmir and have long denied them justice for decades of abuses by security forces, leading to a cycle of an unending violence. Pakistan urges the international community to help revert the unilateral and unlawful actions India has taken in IIOJK since August 5, 2019, halting all human rights abuses, reversing the demographic shifts in IIOJK, and peacefully resolving the Jammu and Kashmir conflict in line with international law. Pakistan will keep doing everything in its capacity to help the people of Kashmir achieve their unalienable right to self-determination, as guaranteed by the pertinent UN Security Council Resolutions.
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