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‘CAN THE CURRENT PEACE PROCESS HELP TO
REALISE THE RIGHT OF DETERMINATION’ A
Seminar On Self Determination Day
On the second death
anniversary of its member and human rights
activist Aasia Jeelani, Jammu and Kashmir
Coalition of Civil Society (JKCCS)
commemorated 20 April 2006 as the Self –
Determination Day. Aasia Jeelani and her
driver Ghulam Nabi lost their lives in a
landmine explosion while monitoring
parliamentary elections in Kupwara district
of North Kashmir in 2004. Paying tributes to
both of them, on the self-determination day,
JKCCS organized a seminar on the topic
“Can the current peace process help to
realize the right of self – determination”.
A number of learned people, including
academicians, students and scholars attended
the seminar and expressed their views on the
occasion.
Most of the speakers demanded the Kashmiris
should be given an opportunity to exercise
their right of self – determination, release
of detainees and revoking of draconian laws
like Armed Forces (Special Powers) Act and
Public Safety Act.
JKCCS President Parvez Imroz said,
“International Commission of Jurists in its
report ‘Human Rights in Kashmir’ (1994)
advocated that people of Jammu and Kashmir
acquired right of self-determination at the
time of partition and the right has neither
been exercised nor abandoned and
therefore remains
capable of exercise. India believes in
suppressing the Kashmiris right by using its
brute military might. She believes in
military solution. India’s growing military
strength speaks its political weakness. One
- third of India is reeling under armed
conflict; 170 out of 600 districts of Indian
state are facing Maoist insurgency. India is
following the footsteps of Russia (the then
USSR). In the era of Globalization of civil
society, local civil society can play a very
important initiative in highlighting the
human rights and right to
self-determination. Local civil society is
in a process of building alliance with the
Indian civil society; notwithstanding the
Indian civil society has the same position
as that of the Government of India in case
of Kashmir. We are also trying to engage
European civil society as well".
The speech of
Murtaza Shibli, a London - based Kashmiri
and editor of Kashmir Affairs
revolved around the role-played by the
Kashmiri Diaspora in achieving the right of
self- determination. He said, the Kashmiri
Diaspora has miserably failed to do any
fruitful activity, politically or otherwise,
compared to the Tamil or Palestinian
Diaspora. Kashmiris, as a
nation, have been failed by their
politicians and militants. Right of
self-determination is understood in terms of
choosing what the people want. Kashmiris
need to be realistic. They have shown
courage, now they need to show wisdom. JKCCS
should come to the expectations of the
people of Kashmir. Kashmiris are being
divided on every ground. An open dialogue
with all the groups is required. The
Kashmiri Diaspora from all religions and
political backgrounds should come together
and promote desperately needed peace".
Tracing the historical
background Ghulam Nabi Hagroo, a human
rights lawyer said, "Though India says
elections amount to plebiscite, we all know
these elections were fraud and hold no
semblance to the plebiscite”. “India has
never given Kashmiris any right", he added.
Mian Abdul Qayoom, President, High Court Bar
Association (HCBA), spoke on the legal
status of right to self-determination in
context to Kashmir. “Right of
self-determination has been guaranteed by
international covenants like ICCPR, ECOSOC,
which has been denied to the people. 10 lakh
people have been killed in the state since
1947”, Qayoom said.
Senior
advocate and former President of HCBA,
Zaffar Shah made critical analysis of the
prevailing situation in Kashmir and remarked
that good people are sitting away and bad
people are managing our affairs. “Right of
self-determination is a collective right of
people recognized internationally and we
have to enforce it. We need to fight for it.
Talking is good, but who talks to whom and
about what; is what matters. Srinagar-
Muzaffarabad bus service, people – to -
people contact, greater autonomy are mere
slogans which are not going to satisfy
Kashmiris. The only thing that can satisfy
them is to seek their opinion about their
future. Status quo is no longer acceptable
to them. So many people have already laid
their lives. How many more people have to
follow the suit? The current peace process
can not help to realize the right to self
determination, as people who are talking on
the government initiative are not talking
about it”.
 Anuradha Bhasin, Executive Editor, Kashmir
Times, stated, “Right to self determination
needs to address questions of peace and
peace with justice. The theory of dividing
Kashmir is dangerous, keeping in view the
kind of our pluralist society and fragile
demographic set-up we have. Is right to self
determination meant only for Kashmiris or it
involves different ethnic groups as well?
Their hardened opinions and identities are
fixed. Minorities need to be accommodated
and their rights need to be
safeguarded. Self-determination is a
right and must be exercised. But people's
view need to be ascertained. It is for the
people of the J&K state to decide. There is
need to explore more meaningful ways; need
for intra-Kashmir dialogue on both sides”.
In his poetic and satirical style advocate
Noor-ul-Amin expressed, “Kashmir is
synonymous with atrocities. Confidence
Building Measures (CBM's) are a long drawn
diplomatic tactics and nothing else.
Kashmiris are being given confusion
therapies but the issue needs to be rightly
addressed”.
Professor Noor Ahmad Baba of Political
Sciences, University of Kashmir laid
emphasis on introspection. He said, “Self-
criticism is also important".
Hilal Ahmad, a local journalist while
talking about “peace, politics and media”
pointed out, “ The Indian media has largely
functioned as an extension of the huge state
apparatus comprising official machinery,
handpicked politicians, army and
intelligence agencies. Indian media behaves
predictably. Its role is to manufacture an
opinion, favorable to the state and to
ignore the bitter and unpalatable
realities”.
A low intensity war continues in Kashmir,
pointed out Gautam Navlakha, A Delhi based
columnist and a peace activist. "Peace
process is virtually zero here. We have to
look at what is the reality. Peaceful
democratic solution is possible only if
right of self-determination of people is
respected, reduction in number of forces and
withdrawal of extraordinary powers, only
this can bring peace. A staggering total of
5 lakh 51 thousand troops are in Kashmir
with 23,000 troops in district Doda alone.
Probably 15 - 20 percent of the total land
area of the state is occupied with army
camps and barracks. No one has the exact
figure. Every mohalla virtually has a
military camp. Even if the military bunkers
are beautified, they still remain. Obviously
they are not to crush the movement that is
going on. They are for something else, they
are backed by the laws and enormous powers
given to them", Gautam Navlakha said.
At the end of the seminar, a
resolution was unanimously passed.
RESOLUTION
This 20th day of April is being
organized as “Self Determination Day”, to
re-affirm our commitment for realizing this
right for the people of Jammu Kashmir.
The issue of Jammu and Kashmir relates to
the suppression of right of
self-determination to its people by military
forces, which are in excess, about a half
million. Since this right is universally
recognized right under Article 1 of ICCPR
and ECOSOCC; therefore international
covenants apply, amongst which the most
important is the Geneva Convention, which
imposes upon the State authorities an
obligation not to mistreat the population
under its control.
Even the claim advanced by the Indian state
that this is an ‘internal issue’ imposes
international obligation under the Geneva
Protocol such as presence of International
Civil Institutions. Consequently, the
presence of all Laws that run contrary to
International Covenants must be abrogated.
Before starting, ‘peace process’, certain
CBM’s amongst which ‘Release of political
prisoners, Reduction of Sentences,
significant reduction of Troops, Right to
Assembly, Repeal / Withdrawal of Security
related Laws, which are contrary to
International Covenants are essential.
Combatants on both sides must abide by
Geneva Convention Protocol, which governs
armed organisations in particular. Therefore
combatants are obliged not to harm
civilians.
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