OIC Conference at Niamey (Niger) & the Kashmir Issue

 

Justice Ali Nawaz Chowhan

It seems that the OIC has shown a cold shoulder to the Kashmir issue much against its previous proclamations. Let us recall the 22nd session of the OIC in December 1994 at Casablanca on Jammu and Kashmir with binding effect on the OIC. It has shown no interest in condemning Indian efforts to change the Muslims majority status by unlawfully bringing in non-Kashmiris to settle there for the first time in the 93 year history of state Subject Law.

In order to change the demography and frustrate plebiscite. United Nation too has neglected Kashmir. It has not called any session of General Assembly or Security Council to consider Indian violation of its first undertaking of 8 January 1948, violation of UN resolution of 30 March 1951 and non-compliance of the recommendations made in the June 2018 and July 2019 reports of UN High Commissioner for Human Rights. These reports reflect the crimes against Humanity being committed by India. It is unfortunate that a brotherly country was unhappy when the Foreign Minister of Pakistan reminded the OIC of its obligations. He may continue in his efforts undeterred using his diplomatic skills. Pakistan has an option of invoking the advisory jurisdiction of ICJ.

Besides, pursuing the matter under International Law. Let us remind the OIC of its commitment on Kashmir at Casablanca by referring to the salient points of the resolutions

• Reaffirming the importance of the universal realization of the right of peoples to selfdetermination enshrined in the Charters of the OIC and the United Nations.
• Recalling all its previous resolutions on the Jammu and Kashmir dispute. · Recalling the Report of the OIC Fact Finding Mission on the situation in Kashmir following its visit to Azad Jammu and Kashmir in February 1993, and regretting that the human rights situation in Indian held Jammu and Kashmir remains grave.
• Regretting also that the Government of India has not responded favorably so far to the offer of the Good Offices Mission made by the Twentieth Islamic Conference of Foreign Ministers and renewed by the Sixth Islamic Summit Conference. · Takes note of the Report of the Secretary General on the Jammu and Kashmir dispute and endorses the recommendations contained therein (Document No.ICFM/22-94/PIL/D.3). · Calls for a peaceful settlement of the Jammu and Kashmir issue in accordance with the relevant UN Resolutions and as agreed upon in the Shimla Agreement.
• Calls upon Member states to take all necessary steps to persuade India to cease forthwith the massive human rights violations of the Kashmiri people and to enable them to exercise their inalienable right to self-determination as mandated by the relevant resolutions of the Security Council.
• Requests the Secretary General to take necessary steps for enabling the true representatives of the Kashmiri people to have their views expressed in OIC and other international fora. · Recommends that member states continue to coordinate their positions and to take joint action at the UN General Assembly and the Commission on Human Rights and other relevant international fora to promote respect for the fundamental human rights of the people of Jammu and Kashmir.

• Requests the OIC Contact Group on Jammu and Kashmir to continue its efforts for promoting the right of self-determination of the Kashmiri people in accordance with the UN Resolutions and for safeguarding their fundamental human rights. Something is gone wrong and we have to revisit the policy on Kashmir and assess the situation in the light Indian robust diplomacy. Indolence can also be attributed to the government of Azad Jammu & Kashmir whose important duty was advocacy on Kashmir issue before the OIC and National Institution of Human rights. It has failed in doing this. There is need for coordinated and robust efforts on the part of Government of Pakistan and Government of AJK in this context.

Instead of following the UN resolutions starting from resolution 38 of 1948 onwards and Indian commitment to respect the wishes of people of Jammu and Kashmir it has illegally brought about a change in the status of Kashmir as reflected in Article 370 of the Indian constitution and has illegally and under coercion annexed Kashmir making it a province of India. This act of the Indian government is destitute of the will of the people. The all party conference of 2000 has categorically denounced the purported document of accession to Indian. This is mere fabrication. Kashmir remains an international conflict zone and India is not allowing UN and other independent delegations to visit Kashmir and see for themselves the war crimes being committed with impunity by India.

The previous High Commissioner of Human Rights condemned Indian for not allowing inspection. The sub-committee of Human Rights Council through its report of 1997 authored by Mr. Palley called the Indian Army as a Rogue Army. For purposes of advocacy we should start addressing the National Institutions of the Human Rights in the 160 countries of the world. My services are always available as being the former Chairmen of the National Commission for the Human Rights. I have contacts with the Global body of the National Institution of Human Rights in the Geneva.

We cannot allow inertia to prevail. The Kashmir issue has to be kept alive. We have to raise voice against the war crimes in Kashmir before the world and the UN. This is our obligation. The Author is a former International Judge of the UN at The Hague, Chief Justice of the Gambia, First Chairman of National Commission for the Human Rights Pakistan, Judge of the superior judiciary, Co-Chair Person UNESCO, Professor of International Law etc.

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