Source: dailytimes.com.<\/p>\n\n\n\n
After the first two day visit of UN Secretary General to Srinagar in \nMarch 1956, UN June 14, 2018 and July 8, 2019 reports on Jammu and \nKashmir are two leaps steps in the world interest in Kashmir. It does \nnot happen on its own. The leading NGOs in special consultative status \nwith the UN have been facilitating Kashmiris to attend the Human Rights \nCouncil sessions, make oral interventions, arrange parallel events, \nlobby and submit written statements to the UN Secretary General, for \nrelease as UN GA documents as reference documents during the Council \nsessions.<\/p>\n\n\n\n
Azad\n Kashmir delegation has been making assiduous efforts and Altaf Hussain \nWani a post-graduate from the University of Kashmir, Srinagar has been \nguiding and leading his team very ably during Council sessions. His \nservices, aggregate input of his team and well-wishers deserve an \nacknowledgement.<\/p>\n\n\n\n
There is another school of Kashmiri opinion \nactive at the UN Human Rights Council in Geneva. It remains locked on \nAzad Kashmir and Gilgit-Baltistan. This second school of Kashmiris at \nthe UN Human Rights Council, does not address the situation as \nunderstood by the UN in its June 14, 2018 or July 8, 2019 report, which \n\u201chighlights serious human rights violations and patterns of impunity in \nIndian-Administered Kashmir and significant human rights concerns \nwitnessed in Pakistan-Administered Kashmir.\u201d (Paragraph 181 of July 8, \n2019 Report).<\/ins><\/ins><\/p>\n\n\n\n Unless\n the second school of Kashmiris operating during the Human Rights \nCouncil sessions, is prepared to consider the difference between \n\u201cserious human rights violations and patterns of impunity in \nIndian-Administered Kashmir and significant human rights concerns \nwitnessed in Pakistan-Administered Kashmir,\u201d their approach would \ncontinue to be looked at with less favour. This school has to correct \nitself.<\/p>\n\n\n\n Government of Pakistan addressed in the report should make\n efforts to engage with this school and argue with them. The first \nschool should not take an adversarial stand against the other, but \nengage with them and find a common ground. They also need to improve \nupon and remain inclusive all along.<\/ins><\/p>\n\n\n\n It\n is against the spirit of present circumstances and realities, that \nKashmiris should be seen pitched against each other. July 8, 2019 report\n is a neutral guide for Government of Pakistan, Government of Azad \nKashmir (also Government of India and Government of Jammu and Kashmir) \nand these two Kashmiri opinions operating at the UN HRC in Geneva. The \nreport has defined Indian-Administered Kashmir as consisting of the \nKashmir valley, the Jammu and Ladakh regions and Pakistan Administered \nKashmir as comprising the \u201ctwo administrative regions: Azad Jammu and \nKashmir (AJK) and Gilgit-Baltistan (G-B).<\/p>\n\n\n\n The report has qualified the manner of its interest as \u2018serious\u2019 in India and as \u2018significant\u2019 in Pakistan. In Pakistan-Administered Kashmir the human rights violations are far distinct from violations in Indian-Administered Kashmir. These have been described as of \u2018structural and legal\u2019 nature.<\/p>\n\n\n\n The two Kashmiri schools confronting each other at the UN Human \nRights Council, have a common duty, that is, to remain on the side of \nthe promotion and protection of human rights. Degenerating into any kind\n of a bias or propaganda, that too, if it were disproportionate and far \nremote from the truth is unhelpful. Indian Government and its machinery \nhas been indicted in the update of 8 July 2019 by the UN. We find that \npeople in the Indian administered Kashmir were disenfranchised for a \npurpose. Indian Government wanted to use the Governors rule and now the \nPresidents rule directly from Delhi to push through some laws, which an \nelected legislature would have debated and refused.<\/ins><\/p>\n\n\n\n Indian\n Government does seem to have many plans, in particular, the plan to \ntamper with laws to allow a change in the demography is dangerous. The \nmost sinister thing that has been highlighted (missed out by all \nKashmiris) in the 8 July 2019 UN report is the amendment made through \nGovernor\u2019s order in the Section 10 of Jammu and Kashmir Public Safety \nAct. Section 10 of the PSA reads, \u201cAny person in respect of whom a \ndetention order has been made under Section 8 shall be liable to \ndetained at such place\u201d which the government may decide \u201cprovided the \ndetainees who are permanent residents of the state\u201d are not lodged in \njails outside the state.<\/p>\n\n\n\n After \u201cIn exercise of the powers vested \nunder proclamation No P-1\/18 of 2018 dated 20 June, the governor is \npleased to enact the Jammu and Kashmir Public Safety Amendment Act 2018,\n and it shall come into force at once, \u201cthe citizens of Jammu and \nKashmir have lost this protection and are now lodged outside the State \nin various prisons of India. Soon after dissolution of the Assembly \nGovernor Vohra issued the new law on 13 July, 2018.<\/p>\n\n\n\n The orders of \ndetention are issued by the deputy commissioners rather than the courts \nand despite the high court revoking the PSA orders in the case of many \nprisoners, they are being again booked under the Act through an \n\u201cadministrative order\u201d. The detention under PSA is renewed with a new \nadministrative order after every release by the Court. That is why \nMusarat Alam has been slapped with 37 PSA detention orders so far.<\/p>\n\n\n\n Human\n Rights defenders confronting each other at the UN HRC in Geneva, should\n keep the merits of their dissension. In particular the school that has \nchosen to focus on Azad Kashmir and Gilgit-Baltistan should consider the\n qualifications made in the Report. From Para 89 of the UN updated \nreport we find that even the Kashmiri Government based at Srinagar has \nbetrayed its own people and has violated the oath of doing \u2018good to all \nmanner of people\u2019. It has been revealed that \u201cwhile the PSA Advisory \nBoard confirmed almost 99 percent of the detention orders, the Jammu and\n Kashmir High Court reversed over 81 percent of these detention orders. \nIn May 2018, the State Government further diluted the checks and \nbalances in the application of the PSA by removing the need to consult \nJammu and Kashmir High Court Chief Justice while constituting the \nAdvisory Board\u201d.<\/p>\n\n\n\n Mehbooba Mufti headed thealliance Government in \nMay 2018. She resigned on 19 June 2018. Mehbooba Mufti should be asked \nby all schools of opinion about \u201cremoving the need to consult Jammu and \nKashmir High Court Chief Justice while constituting the Advisory Board.\u201d\n A committee of elders should summon her and question her and members of\n her cabinet. She has acted against the Kashmiri traditions and remains \nan accomplice in the use of PSA, which has caused indignity and \nsuffering. Government of India or the Government of Jammu and Kashmir, \ndo not deserve any let off for disenfranchising the people of \nIndian-Administered Kashmir.<\/p>\n\n\n\n We should remain on the side of the \npeople. It is our duty to support the one recommendation made to the \nHuman Rights Council and 19 recommendations made to Government of India \nand 10 recommendations made to Government of Pakistan in the report. We \nneed to examine that the draft report was sent to Government of India \nand Government of Pakistan on 12 June 2019 to \u201cprovide any factual \ncomments by 17 June\u201d. Was this duty diligently carried out by the \nForeign Office of the Government of Pakistan? If so, why does the report\n address the Indian-Administered Kashmir as \u201cIndian State of Jammu and \nKashmir\u201d 8 times in paragraphs 4, 6, 9, 18, 46, 52, 70 and 132?<\/p>\n