Letter To The editor

If we were to judge the UN based upon its history of involvement in efforts to resolve international conflicts, the simplest answer is that it has been an enormous failure. The UN of course is a far more complex organization whose work covers such a wide range of activities that conflict resolution is really only a small aspect of its work. Nevertheless, if we consider the fact that its fundamental mission in being created was to be a means of preventing global catastrophes like the Second World War, then conflict resolution would have to be considered Job One. In addition, the word “conflict” in the phrase “conflict resolution” was defined as conflict among or between sovereign nations. As Chapter I, Article 2, stipulates, ” Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter;”

Monterey, California. March 31, 2014. Dr. Ghulam Nabi Fai, Secretary General of the ‘World Kashmir Awareness’ highlighted eight areas to create an atmosphere for communal harmony that will ultimately lead the people of Jammu & Kashmir to a meaningful and purposeful dialogue. He was speaking at a Kashmir event near Naval Lodge Monterey, organized by the American Muslim Alliance which is headed by Dr. Agha Saeed, an eminent political scientist

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.  

“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

Washington, D.C.
July 10, 2014

On July 8, 2014, the Spokesman of Indian Ministry of External Affairs made a formal statement saying, “As far as we (India) are concerned the UNMOGIP (United Nations Military Observer Group in India & Pakistan) has outlived its relevance. This is a consistent stance that we have articulated on several occasions since the Shimla accord.”

What is the legal ground of the spokesman’s pronouncement? Christopher Hitchens has made it easy to understand when he said; “”Perhaps you notice how the denial is so often the preface to the justification.” And George R.R. Martin confirms it by saying “Most men would rather deny a hard truth than face it.”

The spokesman has conveniently forgotten that India and Pakistan are signatories to various United Nations Security Council resolutions. These resolutions constitute an agreement because, unlike most resolutions of the Security Council, their provisions were first negotiated with the parties and, it was only after their written consent was obtained that they were adopted by the Security Council.