Right Of Self Determination For the People Of Kashmir

New York. July 28, 2015. Ambassador Yusuf Buch is resting comfortably at his home. A delegation comprising Dr. Ghulam Nabi Fai and Dr. A. R. Meer enquired about his health at his residence…

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.  

These are my views on the principle of ‘right of self-determination’ and its applicability to the 67-year-old Kashmir conflict to be considered during the United Nations Working Group meeting that is taking place this week at its headquarters in New York. What I do hope to offer is an unstarry-eyed view of the fate of self-determination in Kashmir; and, the indispensability of convincing India that its national and economic security would be strengthened, not weakened, by ending its military occupation.

This flood was the first in history, in the living memory of Kashmir.  More than 450 people are dead, and more than $1bn in destruction has been estimated.  The actual magnitude of the total destruction, the number of dead and the people who are missing may not be known for some time. Kashmir Valley was cut off from the rest of the world for days.  Thousands of villages have been submerged, including the capitol city of Srinagar. Hundreds of thousands of people particularly in the rural areas still remain trapped without any outside help or rescue and relief. There has been a total breakdown in communication with no telephone contact of the people with their loved ones  Boats were not available.  People had to stand on their rooftops waiting for someone to rescue them.

“It is also true that there is no peace and sustainable development without respect for human rights.” Antonio Guterres, Secretary General- elect of the United Nations

“Mankind must put an end to war or war will put an end to mankind.” President John F. Kennedy

It has always been a challenge to exchange views on conflict prevention and the summoning into being a peaceful and prosperous world. The intellectual debate is great, but the stakes are even greater. Men and women have yearned for peace and prosperity for ages. President Abraham Lincoln in his second inaugural address declared, “Fondly do we hope, fervently do we pray, that this mighty scourge of war may speedily pass away.” Winston Churchill brilliantly recognized that it is invariably better to jaw-jaw than to war-war.

One thing is very clear. The statement issued by Prime Minister Narendra Modi and Prime Minister Nawaz Sharif representing some kind of agreement at the Russian city of Ufa on July 10, 2015 seems on its face to be conspicuously duplicitous. One wonders if Prime Minister Nawaz Sharif had some subordinate prepare it, trusting him to convey the intent, but never actually read what was published before it was published.

Here’s the thing. There are two distinct parts to the Ufa agreement as it is explicitly written. First, It is prefaced with the general policy statement:

They agreed that India and Pakistan have a collective responsibility to ensure peace and promote development. To do so, they are prepared to discuss all outstanding issues.
Both leaders condemned terrorism in all its forms and agreed to cooperate with each other to eliminate this menace from South Asia.

“they are prepared to discuss all outstanding issues.”