Srinagar, December 11: People’s Political Party (PPP) Chairman, Engineer Hilal Ahmed War has urged the international community to ensure that human rights in Kashmir are respected and that the security forces guilty of committing excesses against people are brought to book. Speaking at a seminar organised by the Kashmir Bar Association to observe Human Rights Day, War said Indian forces have turned Kashmir into Human Rights graveyard.
War said Kashmiris have seen constant human rights violations since the India-Pak partition of 1947. “We the unfortunate people of Kashmir have never enjoyed this universal right ever since the partition of India,” said War adding
“This is the part of the world where Human Rights is itself in detention. The occupational forces of India have converted the whole Kashmir into a Human Rights Graveyard.”
War said Human Rights & Self-determination are inseparably inter-linked and originate from U.N.Charter with top priority and are very vital for maintaining International peace, seurity and fraternity of human beings.
“The United Nations Charter says that fight for human right is just and right. PPP also disapproves extra-ordinary penal laws which root out the very existence of fundamental human rights, because such laws are generally misused by governing body of concerned states and the men in uniform get a free license to behave like outlaws,” said the PPP Chief.
Deliberating on AFSPA, War said such laws are so draconian that they give security forces a license to kill on mere suspicion and this is one of the major reason why forces unleash constant terror against innocent civilians without any fear of action or accountability.
“AFSPA gives special powers to the army and other central forces operating in J & K,” said War. “Under Section 4, Clause a,b of the Act says even a non-commissioned officer can enter a house, search and can arrest without any warrant. He can even shoot a person on mere suspicion. No penal action can be taken against the forces without sanction of Central Government. Even the Chief Minister of J & K can’t punish the soldiers, even if proved guilty in a court of law, without New-Delhi’s consent.”
War said J&K has witnessed torture at the hands of the State police despite torture being prohibited under section 330 -331 of Indian Penal Code (IPC).
“In time of war, humanitarian rules must be observed, even with regard to the enemy. These rules are set out mainly in 4 Geneva Conventions of August 12, 1949 and their Additional Protocols of 8 June 1977,” said the PPP Chairman. He said the Geneva Conventions are based on the idea of respect for an individual and his dignity. “Once armed conflict breaks out, the Conventions and Protocols shall be applicable in all circumstances, though with restrictions in the case of severe non- international armed conflicts.”
War questioned the role of ICRC in Kashmir saying, “Since ICRC claims to be the custodian of Geneva Conventions, a number of questions crop up in one’s mind regarding ICRC stationed in Kashmir. What kind of protection is ICRC providing to the distressed persons and who are the distressed persons in the eyes of ICRC? What assistance is ICRC providing to prisoners and their families including civilian population? What does ICRC mean by Optional Protocol? How do they differentiate between Occupying Power and Protecting Power?”
“The Indian Government,” War said “is signatory to Geneva Conventions and has been violating the said conventions particularly in our Nation, Jammu and Kashmir. As the custodian of Geneva Conventions, what action has ICRC taken so far against Indian?”
The PPP Chairman reminded the international fraternity that the UN Security Council has voted unanimously in favour of a resolution classifying rape a weapon of war. “The document describes a deliberate use of rape as a tactic in war and a threat to international security,” said War.
He further said, “We dare not forget today that we (Kashmiris) are the symbol of peace and the heirs of that first revolution which was fought in this subcontinent immediately after the partition of British India for our birth right of self-determination as enshrined in United Nations Charter. Let the word go forth from this time and place, to friend and foe alike, that the torch has been passed to a New Generation of Kashmiris- born in this oppressed period, tempered by subjugation , proud of our ancient heritage –and unwilling to witness or permit any treaty on the Pattern of Osolo Accord , unwilling to tolerate the Pseudo Freedom Fighters any more, unwilling to give them a room to go for any secret deal with Govt. of India , and to which we are committed today at home and around the world.”
War said the denial of Self-determination right amounts to denial of the human rights. “Since International Peace, Human Rights and Self-determination Right is the foundation of U.N. Charter. Therefore the denial of Self-determination right is denial of Human Right and is violation of Universal Declaration of Human Rights. The violations of Human Rights and humanitarian law are perpetrated daily in the Valley of Kashmir occupied illegally and unjustifiably by India, since 1947.”
War demanded the right of the people of Jammu and Kashmir to self-determination must be firmly reaffirmed. “The International Community cannot enforce human rights laws anywhere on this planet unless they follow United Nations Charter in letter and spirit,” he said. (Writer-South Asia)
