Dr. Syed Nazir Gilani

A debate around Kashmir in India, in Pakistan and Kashmiri circles has never abated. If we had invoked the arbitration clause, India had no exit ramp. It is generally said that UN Security Council Resolutions are under Chapter VI and therefore are only recommendations. This is not true. Article 1 (2) of UN Charter on “equality of people and right of self-determination” and the jurisprudence of investigation of the Kashmir situation by UNCIP, its reports, reports by UN representative for India and Pakistan and debates at the UN Security Council, perfects the interpretation in our favour.

Kashmir case involves, “international peace and security” and at the same time “equality of people and right of self-determination”, of the people. The two components do not stay in Chapter VI, but cross over into Chapter VII and other chapters as well. »

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(By Omar Khorharudin)

Kashmiris today are fond of drawing comparisons between their recent history and that of the Palestinians. Pictures of Kashmiri kids stoning Indian forces in a three decades old uprising that has come to be known as the ‘Kashmiri Intifada’ have played a part in this growing affinity with the Palestinian struggle for freedom against Israel.

However, not many people, and one could include here the majority of Kashmiris as well, appreciate how the parallels in our two nations’ histories run deeper than even these images would lead us to believe. »

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Dr Ghulam Nabi Fai

Washington, November 10 (KMS): The fundamental need and urgency for self-determination in South Tyrol, when compared with that of Kashmir today, might raise some questions as to what possible similarities they have. South Tyrol is now Europe’s largest producer of apples, a major exporter of cheese, with world-class ski resorts in the Alps. An Italian province at the very northern edge of Italy where it borders Austria. South Tyrol is the richest district of Italy and enjoys almost full sovereignty as an autonomous state, with only 10% of its taxes being contributed to the national Italian budget. »

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Muhammad Raza Malik

Background

The saga of the sufferings of the people of occupied Kashmir started with the landing of Indian troops in Srinagar on October 27 in 1947. India occupied the territory of Jammu and Kashmir against the people’s aspirations and in total disregard to the Indian Independence Act and Partition Plan. The Kashmiris consider the 27th October as the darkest day in the history of Jammu and Kashmir and observe it as a Black Day.

As per the Partition Plan of 3rd June 1947, passed by the British Parliament on July 18, the same year, the British Government announced to divide its Indian Colony into two sovereign states – India (comprising Hindu-majority areas) and Pakistan (consisting of Muslim-majority areas of Western provinces and east Bengal). At the time of partition of the Indian subcontinent, although over 550 Princely States had become independent but they were given the choice to accede either of the two newly-formed countries. Jammu and Kashmir, with 87% Muslim population, had a natural tendency to accede to Pakistan. »

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Dr Ghulam Nabi Fai

Washington, October 20 (KMS): Human rights work in tandem with Kashmir peace initiatives. The two do not war with one another. The idea that suppression of human rights promotes peace is discredited by all history, including that of Kashmir. The denial of freedom of speech, association, religion, due process, equal justice, and self-determination in Kashmir has sabotaged peace, not boosted its chances. Ditto in the past for East Timor, Slovenia, Croatia, Bosnia, Macedonia, Kosovo, Southern Sudan and etc. The people of Kashmir no less demand dignity and respect than do other peoples.

History should not imprison the future, but neither can it be ignored in assessing the justice and morality of aspirations. A brief chronicling of Kashmir’s history will enlighten understanding of its current plight and viable solutions. »

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Washington, August 15 (KMS): The Secretary General of Washington-based World Kashmir Awareness Forum, Dr Ghulam Nabi Fai, has said that India persists in allying itself with a position that has no legal, moral or constitutional authority to celebrate its Independence Day in occupied Kashmir which is not a part of the Indian territory.

Dr Ghulam Nabi Fai in an article wrote, “Under the international law, today, Kashmir does not belong to any member country of the United Nations. It is recognized by the United Nations as a disputed territory whose future is yet to be decided by its people.” He wrote, the issue of Kashmir is by no definition a border dispute between India and Pakistan, nor a struggle between theocracy and secularism, or a fight between Hindus and Muslims. “It is about honoring the political and human rights of the 22 million Kashmiri people in accord with international law, justice and morality.” »

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(Part two of three parts article)

Dr Ghulam Nabi Fai

Washington, July 27 (KMS): The Aaland Islands had already petitioned the Russians to secede from Finland and join Sweden. The cry for independence in Finland set in motion Swedish aspirations to be among their own, to secede from Finland and join Sweden as they had been little more than a century earlier.

By means of a petition and supported by more than 96% of the population, they then petitioned the new government of Finland and proposed seceding from Finland, joining Sweden, to come under Swedish government control. The Swedish government, however, was not uniformly excited by the prospect or concerned about the Aaland Islanders or their interests for reasons having to do with internal politics more than anything else. The ideological struggles taking place in Russia and Finland were causing disarray in execution of policy in Sweden as well. As such their support for the petition was weak, and as a result it was less of a dispute between Sweden and Finland than a dispute between the Aaland Islands and Finland. »

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(Part one of three parts article)

Dr Ghulam Nabi Fai

Washington, July 21 (KMS): There are some disputes in modern history that one might take lessons from in understanding the wisest course to take in resolving the Kashmir dispute.

The Aaland Islands is a case in point, as are South Tyrol, Trieste, Andorra, and Northern Ireland, each of which was contested by neighboring countries. Finland and Sweden both coveted The Aaland Islands; South Tyrol was in dispute between Austria and Italy; Trieste was divided between Italy and Yugoslavia; Andorra is a small principality. Virtually all of these cases, the country in question was seized or split in two in the course of war between neighboring countries. »

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Washington, June 13 (KMS): Dr. Ghulam Nabi Fai, the Secretary General of World Kashmir Awareness Forum, has said that Kashmir is the most densely soldiered territory in the world, hosting more than 700,000 Indian military and paramilitary personnel.

Dr Fai in a fresh article said, “Since the 1989 Kashmiri uprising against alien illegal occupation, more than 100,000 Kashmiris have been killed or more than all US military fatalities during the Vietnam War.” »

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Dr Syed Nazir Gilani

Islamabad, May 19: There is a confusion on the ownership of the Kashmir case. If one reads the UN package on Kashmir, Constitution of Azad Kashmir and article 257 of the Constitution of Pakistan, there is hardly any confusion. The jurisprudence of Kashmir case is either misunderstood or we misdirect ourselves. India and Pakistan may have agreed in June 1997 joint statement to disturb its core status and add Kashmir into eight outstanding issues, according to United Nations Kashmir continues to remain as “the greatest and gravest single issues in international affairs”.

Those who do not want to hear about UN Resolutions and regard it as history, can’t be dignified as Kashmir experts. They are hurting the Kashmir case and contributing to Indian strategy to wear away from the agreed merits of a UN supervised vote. UN has defined the Kashmir case and put in place an operational regime. It recognises that Kashmiris have rights, integrity, security and self-determination. There has to be a free, secure, and impartial plebiscite. »

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