Memorandum about the ground situation of Jammu and Kashmir
António Guterres,
Secretary General
United Nations,
405 East 42nd Street,
New York, NY, 10017, USA
Tel: (+ 1) (212) 963-1234
Dated: 23-09-2021
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Your Excellency, to put on record that problem and dispute of Jammu and Kashmir is the most sensitive issue of South Asian region and people of Jammu and Kashmir on either side of LoC are looking for durable and dignified solution for past over seven decades.
Sir, surely peace is a deliberate and conscious process for the cessation of hostilities or end to violence. The absence of violence or ephemeral lull should not be construed as Peace. However,Peace is neither surrender nor the opportunism. Of course, capitulation and opportunism are the de- humanising elements associated with Peace, but tangible Peace is a method to create structures of Peace by establishing spaces for peace-building.
Sir, we the people of Jammu and Kashmir on either side of LoC are not robots or machines nor the cannon fodder, but are simple human beings like others, and our hearts beat in a similar way like that of others. We are striving for universal brotherhood and peaceful coexistence, besides we are the part of global culture. Equally, our land is very beautiful like rest of South Asia that is rich by all means, whether it is its people with composite culture, geographical area or other natural resources, let we work to save this region and remove all the bottlenecks among them. Kashmir is the biggest regional problem and hampers South Asian regional development. In South Asia India has a leadership role, agreed that the unresolved Kashmir problem is a sub-continental irony. This problem has put India and Pakistan into military competition with mounting intimidation than cooperation.
Kashmir was raided by India to forcibly annex it to its domain. War broke out resulting in the first colossal human loss and age-long State of Jammu and Kashmir falling apart into two parts, one militarily and illegally occupied by India and another associated with Pakistan. Because of this partition families divided, relations broke and permanent residents and aborigines became roofless refugees overnight and continue to be so for all these over seventy four (74) years. How pitiable a situation that a large number of people on both sides carried their finer sentiments of meeting or seeing their nearest ones to their graves with no fulfillment.
The issue was taken to the United Nations Organisation(UNO). This Organisation representing the entire world body of Independent Countries acknowledging the right to self-determination of the Citizens of the Jammu and Kashmir State, passed a number of Resolutions to this effect. Committees and Commissions were framed and the two Countries having committed to implement the resolutions have till date not stood up to their commitments . Nor has the UNO ever shown any seriousness to get her resolutions implemented. There is still UNMOGIP present in the State but spineless and purposeless.
On the other side, Kashmiris in Indian illegally occupied Jammu and Kashmir who have ever been at the receiving end and have suffered untold miseries as a result of the political gimmicks and warfare conditions, right from the beginning raised their voices against atrocities meted out to them from time to time. Side by side with their milder and peaceful ways of expressing their anger and resentment, they took to armed resistance against the system of Injustice and Indian slavery, they felt themselves in and which seemed not changing by peaceful means. It was done four times.
Sir, the 1988 political and armed uprising that started in Kashmir goes unabated till date. This uprising gets maximum public support as of now. This period of 33 years of upheaval has shaken Kashmir to convulsive shudders. Defenseless Kashmiris men, women and children, political activists, young and old and armed freedom fighters, have died or have been killed with great impunity. Orphans and widows have increased manifold, women have been molested, fake encounters have been staged, prisons in Kashmir valley and Jammu region and in India have been filled to their full capacity, sieges and crackdowns have been conducted, human rights violations of the worst kind have taken place, draconian laws and acts have been clamped, life imprisonments have been awarded to scores, a few have been sent to gallows, third degree treatment has been given to prisoners, custodial killings have taken place, forced disappearances of political victims have taken place, political space for resistance groups has been narrowed, forests and historical and cultural heritage sights have been vandalized, schools and colleges have been burnt and set ablaze, residential houses, hotels, market places, bridges and road communication links have been raised to the ground. What shall we enumerate and what shall we leave out? The damages are so colossal that their costs and valuations are incalculable. Our all civic liberties, religious rights, fundamental rights have all fallen prey to long curfewed and tongue-tying restriction-ridden days and months. Our society has been bereft of our heterogeneous character due to the migration of Kashmiri Pandit community and Muslim community.
The productive lifetime of three living generations has been wasted not to speak of about a million causalities of the dispute over these more than seventy years. We shall have to give an account of them one day.
It is very true that India and Pakistan during this period of worst turbulence initiated some peace-yielding moves like, meeting of the heads of the states on the sidelines of various conferences, foreign ministerial talks, secretary-level talks, formation of Commissions and Committees to balm the wounded souls, opening up of some trade routes, facilitation of travel. In fact, the CBMs and goodwill gestures of 2005 and 2008 had raised hopes and expectations of people quite high and response of the Kashmiri society to these moves was positive.
The 2007, 2008, 2010,2013, 2016 mass protests, demonstrations and uprising apparently the immediate causes of; spotting of the Unmarked Graves, Amarnath Land Row, Machil Kupwara and Shopian fake encounters, hanging of Muhammad Maqbool Bhat, Afzal Guru and killing of youth leader, Burhan Wani and others are, in fact, the expression of deep-seated anger and anguish in their hearts against the off-putting attitude of the Indian government and its administration vis-à-vis the resolution of Kashmir Issue. Crying loud on media that forces are directed to exercise restraint while dealing with public protest, but on ground level, excessive use of “ military might” by using “ bullet” and “pellet” , “PAVA” falsify and chemical substances the tall claims. Setting up Commissions and Committees to look into grievances and to suggest measures to be taken for future course of action for the final resolution of the problem and then the detailed reports, when submitted are shown junk ground without second look. It is obvious that such tactics are used as breathers for consuming time and for crisis management. Common masses are not foolish enough not to understand such conjurers and deceits. The brief periods of every calm after an uprising is taken as peace “returned” while as it is basically only a semblance of it. In brief all demonstrations, protests and tough resistances against the injustice and political slavery and establishment are the offshoot of ‘trust-deficit’ that has grown over these 33 years of armed resistance.
As a new trend after the illegal, unconstitutional, undemocratic, irrational and unethical, unilateral abrogation of Article 370 and 35A by India (Modi government) , the genuine voices of the Kashmir were muted, wisdom frustrated, local melodies choked, rationale made noisy and resistance leadership caged with all rank and file, dissent treated as anti-national,Kashmiri leaders who represent resistance, once anyone of them died whatever the circumstances were dumped like animals by Indian authorities with a classical example of Syed Ali Geelani, Muhammad Ashraf Sehria and others.
It will be wrong to ascribe the agitations in Jammu and Kashmir to a spontaneous reaction to the killings. It is anger against the excesses and outrages of the oppressors which they have been resorting to over all these years of resistance in IIOJK. To deal with such situations taking them as law and order problem is a great blunder and lie. During agitations maximum damage is been done to civilians. Since July 2016, over one hundred human lives have fallen prey to the bullets, more than thirty thousand people have been wounded, hundreds of youth have been deprived of their eyesight permanently by using pellets on them.
Equally, developmental sector in Jammu and Kashmir has come to a standstill. Economy has suffered a great loss. Healthcare has reached the lowest ebb and every body in the society is suffering miserably. All human rights stand violated. The overall situation is alarming and craves for attention, assessment and consideration. Criminal negligence of the Indian national press and the State and Indian governments is unpardonable.
The worst thing that has emerged from the present situation is straining of relations between India and Pakistan.
The war of words could be tolerated but the war of weapons and ceasefire violations are detrimental beyond measure. It is a war going on, on a small scale. People living on the line of control on both sides (IIOJK and AJK) are spending their lives in permanent danger and consternation.
Sir, the precarious situation as it exists or as it has been existing for about last seventy years in the relations of India and Pakistan on the Issue of Kashmir, calls for a permanent settlement.
Wars give no solutions. These bring miseries, woes and destruction. Human experience in world’s history has proved it beyond doubt. Peace is sine qua non for prosperity and welfare.
The basic fact remains that there are three parties to the dispute.
It is believed that unless and until the third party is also associated with the talks to make it tripartite talks, the final solution is not achievable. The approach of ‘I win you lose or you win I lose’ is never a solution to any problem across the table. It is ‘win-win’ position with no sense of defeat to any party, howsoever weak it may be, that is a way forward. The governments of the two sovereign states have to take into account the collective leadership of the ongoing resistance movement to make any solution or settlement achievable.
Kashmiris need to be taken on board for any just and dignified solution. Coming to the negotiating table is an urgency. The people of the subcontinent want peace. It is only a small section of people who have been thriving on controversies and polemics that oppose the process of peace. India is a growing economy but Pakistan is also importantly located. It is a link to Central Asia. Once the ‘trust-deficit’ between the two countries ends and peace between them is restored by resolving their mutual issues, newer vistas of trade and commerce will emerge. Progressive co-operation mechanism among the nation states of South Asian region can go a long-way to give a fresh fillip to overall development and prosperity of the SAARC Countries.
It is true that the process of peace and the end to hostilities in the region is not an overnight phenomenon which can be obtained by a mere touch of the magic wand. It will definitely take time but a beginning has to be made and for this beginning preparations are needed. Spade-work is also needed but such preparations and such spade work cannot afford to wait for long. These need should be taken up earlier the better.
Sir, we hope that sincere efforts from your side will prove as a boon to relieve the agony of pain in Jammu and Kashmir. Common people in Jammu and Kashmir believe that the structural engagement of All Parties Hurriyat Conference and Pakistan can bring meaningful peace in Jammu and Kashmir with a durable solution.
Therefore, before the formal beginning of serious dialogue pushed for by using your esteemed office and influence with all the stakeholders of Kashmir with India and Pakistan( the only parties to address the external dimension of Kashmir Imbroglio), desirably a few goodwill measures as given below could be initiated:-
· Give back the special status to Jammu and Kashmir per se Article 370 and 35A
· Immediate cessation of cross-LoC violations leading to killings of civilians and soldiers on and across the Line of Control. This menace has led to precariously poised relationship between the two countries nearly on the brink of war.
· Cashing any of the earliest occasions of meeting of leaders of the two countries at any level. Such meetings can include the meaningful flag-meetings of the Army officers to diffuse the tensions if they arise.
· Lowering down the tone of accusations and counter-accusations against each other. Media, as well, to be directed not to blow events out of their propositions.
· Political prisoners to be immediately released and space be given to them for their lawful and peaceful activities.
· The wounded to be treated on government expenses.
· Pellet-victims to be given the best possible treatment and compensation and free travel where they get good medicare.
· Overall congenial atmosphere of peace to be restored to create conditions for starting negotiations and interactions at various levels.
· Trade on routes already opened need to be enhanced. More and more routes to be opened up to give the mutual trade across the LoC further boost.
· Facilitate people-to-people contact which can go a long way in establishing a rapport between them and understanding their problems.
Long-term Confidence-Building-Measures(CBMs) which will act as peace-building structures, like:—
v Blanket ban on using pellet guns and use of brute forces on peaceful processions, demonstrations and crowds especially children and also ban on using Pelargonic Acid Vanillyl Amide (PAVA) shells, which by composition, is in itself a chemical weapon.
v Constituting an Independent committee headed by the Internatioanlly recognised human rights groups like Amnesty, HRW and reputed judge of Jammu Kashmir high court to look into the killing of youth, illegal detentions and initiate an Independent probe.
v Formation of Juvenile police units, besides Juvenile courts and Juvenile Homes
v Establishing State Child Rights Commission.
v Unconditional release of all the political detainees, leaders, students, youth women languishing in jails; compensate those who have been put in jails and later proved innocent; repealing of draconian laws like Armed Forces Special Powers Act(AFSPA), Public Safety Act(PSA) and UAPA.
v Returning back all the hydro-electricity projects owned or operated by NHPC to the State and also compensate the food grain losses incurred by Jammu and Kashmir.
v Honourable return of Kashmiri Pandits to Valley and reconnect them with the cultural neighbourhoods’, importantly, root them with the individual aspect of collective personality. In Jammu, Kashmiri Pandits are largely placed in Mishriwalla, Nagrota, TRT Muthi etc.
v Structured return of Muslims families, who since 1990 migrated to Azad Jammu Kashmir due to fear of Indian military violence, mainly living near LoC in the areas of Maachil, Karnah,Teetwal, Uri, Gurez, Tulail, Poonch and Rajouri etc and are presently living in Azad Jammu and Kashmir and Rawalpindi, like Kamsar and Busnara migrant camps.
Yours Sincerly,
Kashmir statistics centre
(http://kashmirstatisticscentre.com)