Ambassador Yusuf Buch: A Living Legend

“All of us remain concerned that the issue of Jammu and Kashmir should be solved through peaceful negotiations and should be willing to lend all the strength we have to the resolution of this matter.” President Nelson Mandela at the NAM Summit – September 2, 1998

In matters of international conflict resolution, that can only imply the involvement of a third party mediator or facilitator. If Ashok and Ahmad can’t put Humpty Dumpty back together because they can’t agree on where the pieces go, then Sam, a specialist in eggshell reconstruction, should be called upon in order for differences to be resolved. Most importantly, without a third party’s impartial diligence in pursuing a settlement, breakdowns in lines of communication or other disputes that may arise will inevitably create barriers to resolution, and the process will fail. The side in the dispute which offers initiatives will always be seen as weak when both are out rattling their sabres; hence no progress can be made.

Dr. Ghulam Nabi Fai, Secretary General, World Kashmir Awareness said that Ms. Sushma Suraj’s assertion at the United Nations that Kashmir was an integral part of India was factually and legally wrong statement. Because under all international agreements, accepted by both India & Pakistan, negotiated by the United Nations and endorsed by the Security Council, Kashmir does not belong to any member state of the United Nations. If Kashmir does not belong to any member state of the United Nations, then the claim of Ms. Sushma Suraj that Kashmir was an integral part of India does not stand. Again, if Kashmir was not the integral part of India, then Kashmiris cannot be and should not be called secessionist or separatist, because Kashmiris cannot secede from a country – like India to which they have never acceded to in the first place.

One of the darkest chapters of Indian judicial partiality was left hanging half closed and banging in the wind when Major Avtar Singh, the killer of internationally known human rights activist and Chairman of Kashmir Commission of Jurists, Advocate Jalil Andrabi, was found dead after he killed his wife and two children, and finally himself this past Saturday morning, June 9, 2012, in Selma, California. Avtar Singh, a fugitive from justice, who lived in the hot dry central California community, a suburb of Fresno, was clearly haunted by his past, a past that had seen the blood spilled of more than one man by his own hands. He had killed four others to hide the murder of Andrabi, and now he had killed his own family.  

In killing Jalil Andrabi, Avtar Singh certainly did not act on his own volition. He was only a major.   His act was no doubt a response to orders from above and occurred in a longstanding climate of impunity that the Indian army enjoys in Kashmir.   The Armed Forces Special Powers Act, which gives any Indian soldier the right in Kashmir to take a Kashmiri’s life under any circumstance, has enabled such a climate for decades.  And Jalil Andrabi had become a hated, despised man by the Army, a man dangerous to the status quo of continued murder and torture that had been taking place in Kashmir’s jails, interrogation centers and detention facilities for many years.  

The dispute over the status of Kashmir can be settled only in accordance with the will of the people which can be ascertained through the democratic method of a free and impartial plebiscite, internationally supervised. This was the common ground taken by all the three parties to the dispute – viz.: the people of Kashmir, India and Pakistan. It was supported without any dissent by the United Nations Security Council – and prominently championed by the United States, Britain and France.