Candle Light Vigil

March 17, 2014

Sir Nigel Rodley
Chairperson
UN Human Rights Committee
Office of the U.N. High Commissioner for Human Rights
United Nations Office at Geneva
CH-1211 Geneva 10, Switzerland
Fax: (41 22) 917 90 11
E-mail: CP@ohchr.org

Mr. Chairman and Members of the Committee:

I am grateful for the opportunity to submit this testimony on the state of human rights in Kashmir to the 110th session of the United Nations Human Rights Committee being held in Geneva, Switzerland, this week until March 28, 2014. Much to my chagrin in light of the warming of diplomacy between India and Pakistan and incipient dialogue between India and Kashmiri leaders, the state of human rights in the disputed territory is chilling. Indeed, it shocks the conscience.

Indiscriminate killings:

The best estimate of extrajudicial killings in Kashmir since 1989 approaches a staggering 100,000. That number dwarfs the killings in Northern Ireland, Palestine, Bosnia, Kosovo and Southern Sudan which have brought the world to tears and revulsion. The 100,000 corpses also tops the death toll for United States forces in Vietnam over 10 years.

Arundhati Roy, an Indian novelist, essayist, the Booker Prize and Sydney Peace Prize winner said that “Caught in the middle are the people of Kashmir. More than 100,000 people, mostly innocent civilians, have died in the 20-year conflict.”

“Kashmir is an integral part of India, constitutionally, legally and morally something that is non-negotiable.” Ram Jethmalani, Outlook Magazine, October 8, 2016.

“Let me state unequivocally that Jammu and Kashmir is an integral part of India and will always remain so.’ Sushma Swaraj September 26, 2016

The fallacy advocated by the most celebrated Indian jurist and the Indian foreign minister deserves some clarification.

The people of Jammu & Kashmir who number more than 129 other existing independent nations individually and have a defined historical identity, are at present engaged in a mass struggle to win freedom and release from the foreign occupation of their land. This struggle is motivated by no bigotry or ethnic prejudice; its aim is nothing but the exercise of the right of self-determination explicitly agreed by both India and Pakistan.

To the horrors of the repression from which they suffer are added two other circumstances, each cruelly adverse. One is the apathy of the world outside, including the United States that otherwise are justly proud of their championship of democracy and human rights. The second is the fog of myths and evasive arguments, like Kashmir being an integral part of India. It is my modest attempt to help mitigate these two circumstances. My appeal is directed neither to the religious or ideological sympathies of Indian Public Square nor to their leanings towards any particular political party but solely to their conscience and human concern.

Washington, D.C. July 6, 2012. Dr. Ghulam Nabi Fai has welcomed the foreign secretaries’ talks between New Delhi & Islamabad on July 4 – 5, 2012 where they exchanged views on the issue of Jammu & Kashmir and agreed ‘to continue discussions in a purposeful and forward looking manner with the view to finding a peaceful solution by narrowing divergences and building convergences.’ “These talks offer hope for peace in South Asia if the course of justice is followed and both parties undertake to abide by their commitments. The continuance of talks can only be useful if they reflect a sense of urgency and prepare the ground for an earnest effort at the highest level to frame a step-by-step plan of settlement of the Kashmir dispute. Mere persistence of talks at a level lower than political leadership of the two countries – and that too at a leisurely pace – will in no way defuse the situation. Unintentionally though, it will mock the agony of the people of Kashmir rather than assuage it,” Fai added.

Peoria, Illinois. August 18, 2014. “India cannot disentangle from her responsibility by just calling off the foreign secretary level talks with Pakistan. Both India and Pakistan must realize that the people of Kashmir must be the integral component of ongoing peace process as they are the primary stakeholders. The Kashmiri leadership should be included as it will facilitate permanent, durable and honorable settlement of Kashmir dispute. Both countries should understand that they cannot and must not try to resolve the Kashmir dispute by themselves. If they try without the the involvement of Kashmiri leadership, they will be performing Hamlet without the Prince of Denmark,” said Dr. Ghulam Nabi Fai, Secretary General of ‘World Kashmir Awareness’ while addressing a forum at Peoria Convention Center, Illinois entitled “Muslims Around the World Series” subtitle, “Kashmir: Challenge to the World Conscience.” The event was a part of the ICNA Midwest Convention.