11th November, 2020
Dear Mr. António Guterres
Encouraged by your reputed sense of judgement I on behalf of Kashmiri people would like to bring to your excellency’s notice that the fact about Kashmir remains, that despite the UN commitment to the Kashmiri people, Kashmir ensues to be an unresolved issue.
The two countries India and Pakistan are both responsible for our sufferings as both these countries have failed in essence to regard the human rights as fundamental aspect of human society, though on paper they may claim otherwise. Your Excellency may recall the UNHCR two consecutive reports of 2018 and 2019 as a proof.
It is noteworthy, that our sufferings of subjugation are a direct result of the communal carnage between Hindus and Muslims of united India. Nevertheless, two dominions emerged out of that carnage i.e. India and Pakistan. Their emergence as free nations were also a beginning of decolonization, but the irony is that a free independent state of Jammu & Kashmir was invaded by military force, divided and occupied, Thus India and Pakistan celebrated the birth of their free nations at the cost of colonizing Kashmir.
The freedom of India and Pakistan marked a beginning of an era of suppression for the people of Kashmir as Kashmiri nation was forcibly divided and occupied by the two armies of India and Pakistan.
In view of this conflict, India moved to UN, and UN passed resolutions in 1948 to grant the right of self-determination to the people of Kashmir which conformed to UN Charter. The two countries connived between themselves in 1949 to revise the UN resolution of 1948 subsequently was change to option of restricted self-determination, thereby both countries found it expedient to limit the role of Kashmiris and gradually turned it as a territorial dispute. Under a very dishonest design hatched by both India and Pakistan to turn Kashmiris into a non-entity.
Outrageously, both India and Pakistan undertook unlawful measures and annexed the parts of whole Kashmir and claim now as their integral parts and jugular veins.
To stop these two countries from usurping our rights, UN is requested to grant us an impartial hearing keeping one crucial factor in mind that India and Pakistan must not be encouraged to stage their own stooges installed in our country through there occupational armies or state apparatus.
In order to stop the gross human rights abuses of the people Kashmir on both sides documented by UNHRC the following steps may be considered to be taken by UN while simultaneously both India Pakistan be asked to facilitate and cooperate.
- To devise a new mechanism to bypass the audacious misrepresentation of the facts by India and Pakistan, who so far have misrepresented as speaking for Kashmiris. Instead deploy a method that will represent the popular aspirations of the people of Jammu and Kashmir, which is restoring the sovereignty of the state, the proof of that is authenticated by various international pollsters including Chatham House.
- The current constitutional changes by India and Pakistan makes it clear that the occupiers cannot represent the occupied in any form, shape and manifestation. Keeping that in view, the need for creating a space for the people of Kashmir to represent themselves in the United Nations.
- We feel it urgent that a special meeting of the Permanent Security Council representatives may be arranged so that the council is provided with the fresh information of deteriorating human rights and political condition as per UNHRC reports in both sides of the occupied land.
- Kashmir global council would like to seek the world attention through UN to declare the recent constitutional changes of India and Pakistan as illegal as it contravenes the Geneva Convention Art; 49 and Rule 130.
As a matter of precedence for Kashmir,” UN Resolutions 33/15 (1978), 24/30 (1979), 37/253 (1983) regarding Cyprus in which the United Nations General Assembly deplored “all unilateral actions that change the demographic structure of Cyprus.” Can be taken up for Kashmir too
“In its Resolution 4 (XXXII) (27/2/76) the Commission of Human Rights calls on parties to refrain from unilateral acts to change the demographic structure of Cyprus and in resolution 1987/50 (11.3.1987) the Commission on Human Rights express concern for the influx of settlers and calls for respect for the rights and freedoms of the population of Cyprus”. Can be taken up for Kashmir too.
- The recent developments undertaken by India and Pakistan leaves us with no doubt that the demographic transformation in disputed land is underway. It will not only reduce the indigenous Kashmiris to serfdom but can potentially wipe out Kashmiri indigenous people who by virtue of UN Charter have every right to their land, resources and self-determination. It is responsibility of UN to stop these changes.
We earnestly looking forward to hear from your excellency.
Farooq Siddiqi P. Eng.
Kashmir Global Council
Tel 647 300 6354