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Kashmiris and The Universal Declaration of Human Rights

Justice Retired Muzaffar Ali

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Kashmiris and The Universal Declaration of Human Rights

“The Universal Declaration of Human Rights” remains as relevant today as it was on the day in 1948, when it was proclaimed and adopted by the United Nations’ general assembly. A document that, for the first time, articulated the rights and the freedom for which every human being is equally and inalienably entitled. Its global nature is a yardstick by which we measure right and wrong.

The members of the United Nations are signatories to this document, which has an extraordinary vision to safeguard all human beings in this universe from discriminatory treatment by the states or otherwise. Either kingdoms or democracies but unfortunately, despite having such a golden document, there are dire illustrations that, even in most of the member states of united nations, the human beings are being subjugated to, against their will and wishes by the states but UNO discriminatorily ignores rather strengthens such violations of mighty states against the oppressed people within their domination. Kashmir and Palestine are the chronic and popular instances in this regard.

Kashmir is under the forceful occupation of India since 1947 but people in occupied Kashmir never ever surrendered to the atrocities of Indian governments from day 1 of their occupation. The Indian government, once in history, scared and could not control the struggle of people of Kashmir and to rescue herself went to UN, seeking its help in resolving the issue. The UN passed various resolutions, calling for holding a plebiscite in the state. The resolutions were accepted by India.

Prominent leaders of India also repeatedly promised to hold a plebiscite. However, they resiled from their promises with the passage of time, strengthening India’s control through atrocities extended by the Indian army, imposing black laws and their implementation. At this juncture, I really emotionally want to appreciate the tolerance and persistent struggle of Kashmiris in held Kashmir. They really do not bow their heads; India failed to overcome the indigenous struggle and protest of Kashmiris against the pandemonium and forceful occupation of their motherland. They are sacrificing their lives; they are standing in front of Indian army to face their bullet.

Kashmiris always launch their protest and invite the attention of international community, particularly, those powers who are signatories to UDHR, to take notice of violations and cruelties extended by the Indian army against the armless Kashmiris. The stunning, international community, UNO and international powerful states have forgotten the golden document of the universal declaration of human rights and have turned deaf and dumb towards severe human issues in occupied Kashmir, but the Kashmiris never abandoned and their struggle is in progress day by day.

They didn’t lose their hearts that is why they have fixed 5th February a day of their solidarity all over the world to jolt the international community’s conscience to rise against Indian atrocities.

Worth mentioning here that, the Kashmir issue is not only the oldest issue on the agenda of United Nations but is also an unfinished agenda of the partition of the subcontinent. As per the partition plan, it was up to the will of the population of princely states to preferably join either India or Pakistan but in case of Kashmir, Indian army, in violation of agenda, intruded into Kashmir against the will of Kashmiris therefore, they stood up against Indian army, took up arms, liberated some areas of the state and established an “Azad government of Jammu and Kashmir”.

The Azad government has its interim constitution and enjoys a system of their own, joining the struggle for the liberation of their motherland remaining in forceful occupation of India joining hand with the indigenous struggle of people in occupied Kashmir through peaceful struggle and agitations for awakening the conscience of international community.

Gilgit-Baltistan, a region surrounded by lofty mountains, having big deposits of glaciers, bonded to China from one side touching middle south states crossing a small strip of Afghanistan, adjacent with occupied Kashmir from another side. The region remained aloof from the outside world, having its own small states headed by local chieftains up to the last decade of the 18th century. The region was invaded by Maharaja Forces.

There were 2 or 3 mighty wars between local forces and Maharaja Troops but lastly, the year 1 st November 1948. It was the time of partition of United India; the people took arms, liberated their motherland from the occupation of Maharaja government with the zeal to merge the region with Pakistan and acceded to newly born state. Pakistan took the sovereign authority of the region but attached the area with Kashmir issue as per prevailing situation of that time.

The overwhelming native population living there in Gilgit-Baltistan is not Kashmiri by caste. Despite, the region is 3 rd part of Kashmir issue as such the people therein are deprived of their constitutional status in Pakistan since their independence while the people of Gilgit-Baltistan are emotionally Pakistanis and persistently demand their constitutional status. The educated youth of the region is deeply frustrated
about their fundamental rights. The government needs to solve this issue too.

However, the people of Gilgit-Baltistan are with the people of held Kashmir from the core of their heart. They support Kashmiri struggle for their liberation from Indian occupation, even, in this regard the people of Gilgit-Baltistan have sacrificed their lives all wars dragged Pakistan by India,
particularly, their sacrifices in Kargil war and Siachin aggression by India are unforgettable and part of history.

Justice Retired Muzaffar Ali has served as the former judge of the Supreme Appellate Court of Gilgit-Baltistan. After his retirement, he regularly writes about the legal aspects of the constitutional rights of Gilgit-Baltistan.

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Modi’s domineering bully scattered

Justice Retired Muzaffar Ali

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India, a regional power with a population of 1.3 billion, has always been an ambitious colossal poverty-stricken territory trying to dominate over smaller sovereign countries that share a boundary with the country. It has always wanted to be the godfather of the region and even violated settled formula agreed upon for partition of the subcontinent and occupied Jammu and Kashmir, against the will of majority Muslim population.

Muslims in the Indian Occupied Kashmir launched a Jihad since the day one of Indian aggression. Jawaharlal Nehru turned the early failures on India in Kashmir into a diplomatic play card and invoked UN interference with the following policy statement before the UN Security Council on 15 January 1948.

“Only to see peace restored in Kashmir and to ensure that the people of Kashmir are left free to decide in an orderly and peaceful manner the future of their State. We have no further interest, and we have agreed that a plebiscite in Kashmir might take place under international auspices after peace and order have been established.”

India, in fact, played a dirty trick even before UNO just to ease jihad in Kashmir and to gain time to strengthen her occupation over Kashmir and succeeded, because of the dubious character of permanent members of security council despite, India slapped them by denial of resolutions passed by the UN Security Council. The resolutions are consigned to rubbish heap in UNO.

India deceived UNO but failed to remove zeal of kashmiris till today to liberate their motherland. Kashmiris turned their struggle into protest to jolt international conscience, at least to play their role to force India to act upon UN resolutions.

Unfortunately, India facing no such force from outside world, as such
strengthening her forces in Kashmir, extending black laws. Indian army has been given free hand to curb peaceful protest of people. Atrocities of the Indian army are the order of the day in Kashmir instead of complying her pledge of the Kashmir plebiscite.

Pulwama: an unfortunate suicidal attack on Indian army happened in preceding month. One local desperate young man, who was subjugated to torture by Indian army in past, detonated himself to army vehicles, caused casualties. Modi did not waste even a moment to gather proofs but intoxicatingly blamed Pakistan and warned dire consequences, gave free hand to his army to retaliate.

In response, Imran Khan, the Prime Minister of Pakistan, showed a statesman spirit, offered India peace to prevail and asked to provide proofs of Modi’s blame to take action against any terrorist conspired by any nonstate actor in Pakistan. Khan cleared his policy against terrorism but at the same time, he voiced loudly to retaliate any armed adventure against Pakistan. On the next day, DG ISPR made a press conference.

He also reacted but in a sober manner as a supporter of peace, rebutted any involvement of Pakistan. Categorically, offered dialogue with India and also warned a surprising response if India launched any sort of military attack across.

Modi listened, peace offer and also any armed adventure from Pakistan side, with half an ear. Missed a chance of complete peace as he went into a frenzy of rage. He, in fact, wanted to turn the situation in his favor for coming elections by creating a war like situation with Pakistan. Indian army was also eager to show its unchallengeable force, therefore, Indian army also chose war instead of peace and army dashed an air attack crossing the international border.

Their aircrafts dropped payloads in a thick forest and ran in dark of night. The response by Pakistan was a nightmare for India. The brave air force of Pakistan not only achieved their targets inside India but also, bombed down two Indian aircrafts; one in Pakistan side and another in Indian side.

Arrested Indian pilot ejected from crashing aircraft after saving his life from angered mob of civilian gathered on the spot. The retaliation from Pakistan was a surprise for Modi and Indian army. They are still taken aback and have failed to come out of aftershock of the attack yet. Modi’s
fool’s paradise turned into doom his future.

Indian army also could not digest the adverse effects sustained in front of the world at large. World opinion turned against Modi’s policy of bringing the region and the world endanger of atomic war. While Mr. Khan appeared in the canvas of world as peace loving statesman, particularly, his act of releasing Indian arrested pilot without terms and conditions, proved him a sober statesman and friend of humanity.

Pakistan army also proved to be a professional army in the true sense as even being a fully capable army to response Indian threads, it, again and again, offered India to prevail peace in the region. Modi’s warmongering attitude again made Kashmir issue flashpoint before the international community, which has been forgotten by superpowers.

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Crown on the Head of Pakistan

Justice Retired Muzaffar Ali

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Force Commander FCNA Major General Ehsan Mehmood

Recently, Force Commander FCNA Major General Ehsan Mehmood addressed a public gathering in Skardu on the eve of solidarity with people of Occupied Kashmir, illustrated Gilgit-Baltistan as “Head of Pakistan”, and hailed the people living therein with the title “Crown on the Head” of Pakistan.

The signification of the people of Gilgit-Baltistan with the words that, none other anywhere in Pakistan, is more loyal and patriotic to Pakistan than that of the people of Gilgit-Baltistan. He uttered these words with a commanding and responsible impression on his face. I borrowed the words of the general for the title of this article.

Indeed, the golden words vocalized from the mouth of the Force Commander Federal Constabulary Northern Areas are recognition and admiration of the people of Gilgit-Baltistan by Pakistan Army, of their allegiance to Pakistan. The able military general, from the day first of his
posting, has shown his love and affection to the people of Gilgit-Baltistan.

He is known to be in reach, to help and to meet grievances of needy people, when, and where his help is requested. The instant example I read in social media and in newspapers, seems great to help a convicted person Baba Jan who is suffering from heart disease in jail. The person was met and shifted CMH Gilgit for his treatment properly on the orders of the Force Commander FCNA himself.

The commander hugs underprivileged and poor in the streets and gives them a sense of protection. The general, in fact, act on the principle that, no army, how much strong it may be, cannot defeat the enemy unless the civil population joins in hand with the army. The positive attitude extended by the force commander is exemplary to other high ups serving in Gilgit-Baltistan. They should also behave alike and avoid a colonial mentality.

Irrebuttable, the other aspect of positive behavior of this man shines and transpires his clear concept of understanding the geopolitical importance of the region. Geopolitical location of the region makes it a gateway to the regional powers, having approaches with each other.

Gilgit-Baltistan is bounded with China, Occupied Kashmir and Afghanistan. A little strip of Pamir prevents to bound this region to south Asian states. Geopolitical importance of the region remains as important today as it was important for the British Government in India because of USSR. The Russian government might penetrate into British India through this region with the intention to spread communist ideology at that time.

Today the superpowers like the USA are worried about China Pakistan Economic Corridor (CPEC) between China and Pakistan. The burning of the Indian government and her cries are witnessed from media.

Besides all the above geopolitical importance, if the only issue of water shortage is discussed then too this region having not any less importance for Pakistan. The experts have given their opinion on the subjects that; Pakistan fastly travels towards dryness in the country. Prime minister of
Pakistan also has warned the nation in this regard. Pakistan has the only region, to which nature has bestowed with abundant water reservoirs. Lofty snow clad mountains and huge range glaciers therein are the only hope for Pakistan to meet the severe situation of a shortfall of water in future.

This region is called Gilgit-Baltistan which has been kept disputed by relating the same to Kashmir issue. The present status of GB needs to be reconsidered by the responsible quarters and think tanks in Pakistan, even if, they could not traverse from their previous stance, then; they should realize the ambition of people of Gilgit Baltistan as their fed up to the teeth with the present colonial setup. people of Gilgit-Baltistan want a constitutional status in Pakistan. At least, add power to the status
to occupied Kashmir by enemy country India or the status given to Azad Jammu and Kashmir by Pakistan.

The recent verdict given by the Supreme Court of Pakistan can be cited in this regard wherein a safe way out has been directed to follow the recommendations given by the Sartaj Aziz Committee. The federation can
make a provisional province of Gilgit-Baltistan pending disposal of Kashmir issue by amending the constitution as the Supreme Court has categorically held in his verdict that, a provisional province pending disposal of the Kashmir issue is not fatal to the Kashmir issue.

Before departing, I invite the attention of the commander FCNA and 10 core commander to use their good offices to convince federation of Pakistan and the opposition to solve this problem of Gilgit-Baltistan which is in fact the Pakistan’s own problem if deeply understood the issue, keeping in view the importance of the region in present scenario stated above.

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