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The Universal Declaration of Human Rights’ Needs to be Applauded: Dr. Fai

Washington, D.C. December 10, 2013. 

 

“We need to applaud the 1948 ‘Universal Declaration of Human Rights’, which stands as a moral reproach to wrongdoing nations that may facilitate reforms, even though its lofty provisions safeguarding fundamental human rights remain dishonored in many parts of the world,” said Dr. Ghulam Nabi Fai on the occasion of the 65th anniversary of the United Nations Human Rights Day.

 

Fai welcomed the statement of Ban ki-Moon, the Secretary General of the United Nations who while paying tribute to the human rights icon, President Nelson Mandela said, “Apartheid was vanquished but as he would be the first to say, our struggle continues – against inequality and intolerance, and for prosperity and peace.”

 

Dr. Fai reminded that human rights are no longer accepted as within the exclusive domestic jurisdictions of individual nations.  The winds of international law are blowing against absolute defense shields for egregious human rights violations.  He appreciated the wisdom of President Barrack Obama who challenged the world leaders during the President Mandela’s memorial by saying, “Around the world today, men and women are still imprisoned for their political beliefs, and are still persecuted for what they look like, and how they worship, and who they love.  That is happening today… There are too many leaders who claim solidarity with Madiba’s struggle for freedom, but do not tolerate dissent from their own people.”

 

Dr. Fai said that the best tribute to President Mandela would be to articulate his vision into reality.  Fai referred to President Mandela’s speech of April 1, 1990, when he said: “The challenge posed by the next 50 years of the Universal Declaration of Human Rights, by the next century whose character it must help to fashion, consists in whether humanity, and especially those who will occupy positions of leadership, will have the courage to ensure that, at last, we build a human world consistent with the provisions of that historic Declaration and other human rights instruments that have been adopted since 1948.”

 

Fai underscored that there are multiple ways by which we can resolve conflicts. But President Mandela showed us that the most pragmatic being through dialogue, negotiations, and reconciliation. Fai, however cautioned that the world powers should not be concerned only with mere avoidance of conflicts but the resolution of the conflicts, such as in Syria and the disputed territory of Kashmir. And, in Kashmir, he added, the resolution has to be to the satisfaction of all the three parties concerned, India, Pakistan and the people of Kashmir.

 

Dr. Fai can be reached at:     gnfai2003@yahoo.com   OR   ghulamnabifai@gmail.com

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    State of human rights in Kashmir : Testimony

    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.”

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    We are writing to urge a leadership role of the United Nations in resolving the 70-year-old Kashmir conflict that has inflicted pain, agony, and injustice on a scale that makes East Timor, and Southern Sudan pale in comparison: more than 100,000 killings in the past two decade alone, and routine rape, torture, mutilation, plunder, disappearances, arbitrary detentions, and ruthless punishment of peaceful political dissent.

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    Self-Determination and the Issue of Kashmir

    The evolution of the right of self-determination has been one of the great normative narratives of the twentieth century. It was part of the visionary contributions of President Woodrow Wilson, who despite a deep-seated conservatism, seemed to have an uncontrollable tendency to give credibility to normative ideas that contained implications that carried far, far beyond his intentions. Ever since the words of self-determination left the lips of President Woodrow Wilson, the wider meaning of the words has excited the moral, political and legal imagination of oppressed peoples around the world. Although, self-determination even now, decades later, still seems to be a Pandora’s Box that no one knows how to close, and despite concerted efforts there is little likelihood that the box will be closed anytime soon. 

  • Kashmiri aspirations must be respected

    “If parties (India & Pakistan) come here and both of them call upon the Security Council to make recommendations for the solution of their (Kashmir) dispute, ought they not in advance agree to abide by it? They are not bound to ask the Security Council to make such recommendations, but if they do, I ask the Committee of Experts if they have not thereby implied that they will conform or try to conform to them.” Ambassador Warren Austin of the United States at the Security Council on May 26, 1948.

    If promises are made to be broken, then Kashmir may be summoned to prove the treacherous proposition. Broken promises haunt Kashmir’s history, and explain its tragedy.

    The Kashmir issue is simply this: the people of a large territory which is not part of any existing sovereign state were assured by the entire international community represented by the United Nations that they would be enabled to decide their future by a free vote. Until now, this assurance has not been honored.

    With the lapse of British paramountcy on August 15, 1947, broken promises over Kashmir came not like single spies but in battalions, to borrow from Hamlet. Princely states enjoyed three options: accession to India, accession to Pakistan, or independence. But the choice, according to India’s Prime Minister Jawaharlal Nehru and tacitly endorsed by the British,