Geneva, Switzerland. March 16, 2009. Dr. Ghulam Nabi Fai, Executive Director of the Kashmiri American Council/Kashmir Center and the delegate of IIFSO to the United Nations organized a seminar on ‘Human Rights & Terrorism’ during the 10th Session of the United Nations Human Rights Council in Geneva. Dr. Fai said as we know that there has been a great deal of concern for many years that the war against terrorism has illegally encroached on fundamental international law principles such as the right to self-determination, fundamental human rights principles relating to the rights of accused and detained persons. Especially troubling has been the political transformation of national freedom struggles, like Kashmir, in defense of the right of self-determination and civil wars in "terrorism/counter terrorism" operations, to the total demise of humanitarian law.
Dr. Fai said that the self-determination of peoples is a basic principle of the United Nation Charter, which has been reaffirmed in the Universal Declaration of Human Rights and applied countless times to the settlement of many international disputes. In 1945 the establishment of the United Nations gave a new dimension to the principle of self-determination. The Charter emphasizes the principle as one of the objectives it wants to achieve.The Executive Director reminded the participants that during the latest phase of the freedom struggle, virtually all the citizenry of Srinagar (capital city of Kashmir) - men, women and children - came out dozens of times on the streets to lodge a non-violent protest against the continuance of Indian occupation. At times, the number of people exceeded 1 million people. Certainly, terrorists cannot compose the entire populations of the major towns of Indian-Occupied Kashmir. And one million people reflect the true nature of the spontaneous, indigenous, non-violent and peaceful Kashmiri resistance movement and not a movement of terrorism.
Dr. Karen Parker, UN delegate of International Educational Development said first weapon that we have on our side, as an NGO is information and knowledge. This involves collecting the facts on the ground. But the other part of the equation, and sometimes the more critical one, is the applicable law. If American citizens don't know about humanitarian law, or do not understand the principles of self-determination, how can we possibly lobby our government to do the right thing, instead of the wrong thing? In so many of these situations, we have the law on our side, and if we had an informed electorate, many of the problems of national sovereignty and international law, or the supposed conflicts in those areas, would be resolved in favor of the rights of the people.
Dr. Parker elaborated that it is clear that the international community has failed the people of Jammu and Kashmir. No one seriously involved in international affairs can claim ignorance of this tragic situation. But rather than take necessary action, the States that could play a vital role in resolving this situation and achieving the necessary conditions to carry out the plebiscite hide behind the false analysis that this is a "bilateral" problem between India and Pakistan. Nothing could be farther from the truth -- this is an international issue in which both the will and ability to implement Security Council resolutions are at stake.
Professor Richard Bonney, Leicester, England said that it is well known that India, while not playing any comparable role to tat of Pakistan as a front-line state in the global war on terror, has sought to exploit the opportunity provided by the lack of clarity in the goals of that war to depict all indigenous resistance to its military occupation of Kashmir as ‘terrorism’, and further to claim that all such ‘terrorism’ emanates from Pakistan or Pakistan-administrated Kashmir.
Professor Bonney said that President Obama has spoken of the need to resolve the Kashmir dispute in the greater interest of prosecuting the war against violent extremism in Afghanistan. India immediately commenced lobbying against a Kashmir brief being added to the agenda of Richard Holbrooke, the President’s special envoy for Afghanistan and Pakistan. Even though this lobby seems to have been successful, the more general need to move a significant part of the 300,000 troops deployed on Pakistan’s southern to its northern borders to help sustain the coalition effort against the Taliban and al-Qaeda is likely to lead to some measure of American involvement with the Kashmir issue. He further said that if there is any reality to the claims of an ‘existing democratic space in Kashmir today’, then it has to be a democratic space in which people are not cowed into submission but may freely express their political will without an overbearing military presence.
Mr. Paul Rowen, British, member of Parliament said that Article 3 of the Human Rights Act 1998 its obligation into British law as it not only requires the UK authorities to abstain from the use of torture and other abusive practices, but also confers a positive duty to prevent individuals from being sent to other jurisdictions where they would be at risk of ill-treatment. He said that we need to ensure that we do not become what we despise; we should uphold our human rights as the strongest weapon in the current ideological war. Ay measures taken to combat terrorism must be justified publicly, submitted to judicial review and circumscribed with sunset clauses so that they do not become permanent. He said that the demand of the people of Kashmir is genuine and the international community needs to fulfill its obligation. The resolution of Kashmir would deny the youth an excuse to pick up the gun.
Mr. Amjad Yousuf, Executive Director, Kashmir Institute of International Relations said some nations have exploited the war on global terrorism to deny human rights and self-determination to its people. Russia is doing that in Chechnya, China in Tibet and India in Kashmir.Mr. Yousuf said that all parties to the dispute – India, Pakistan and Kashmiri leadership – should show flexibility to come to the common ground so that the final settlement could be reached. He elaborated that the peace process cannot become meaningful without the participation of the genuine leadership of the people of Jammu & Kashmir from both sides of the Cease-fire Line. He said that Kashmiris’ demand of self-determination has the international sanctity through the United Nations Security Council resolutions which were adopted as early as 1948.
Syed Faiz Naqshbandi, IIFSO delegate said that terrorism is an act to terrorize the masses. If an individual or group creates terror, it is terrorism. And if it is an act by the state that creates insecurity and terror it is state terrorism. Under the garb of counter terrorism, the state agencies in different parts of the world have under gone the practices of violating the peoples’ fundamental human rights. The states frame laws that facilitate human rights violations.
Mr. Naqashbandi said that massive and systematic human rights violations are being carried out in Kashmir which is United Nations recognized disputed territory. In order to suppress the demand of people, the Indian Government attempts to label the popular demand as terrorist movement. Under the garb of terrorism, the human rights violations had drastically increased and the forces are freed from prosecution.
Mr. Khallad Swaid of Germany said, we, as Muslims will have to educate ourselves properly about Islam whether we are in the West or in the East. Also when working with young Muslims we will have to empower them with the different skills to be self-confident, to live a decent life and be able to present the true message of Islam to our neighbors, i.e. the message of peace, love and tolerance. This is the immunization against any person or group who wants to use us for their purpose. He further said that both Muslims in the East and the people in the West would have to know each other’s culture and get educated about each other’s way of life. Both will have to respect every human being and every other religion since we are the descendents of same Adam & Eve.
Dr. Abou Bakr, the President of IFSO said that we would not be understating it, if we describe the issues of Human Rights and Terrorism as the most important issues of our times. Human rights and terrorism are two issues that have been interconnected in a very complicated way. He said that the systemic violation of certain populations’ human rights has bred the terrorism that we see today. Dictatorial regimes, colonial regimes and illegal occupations in their tyranny and injustice have been the major driving force in spawning today’s terrorist movements. This terrorism has in turn violated its victims’ human rights by virtue of its indiscriminate violence. Governments and security agencies have ended up violating their own people’s freedoms and human rights, this time for the sake of combating terrorism, which in turn breeds more terrorism. It is a cycle that feeds on itself.
Dr. Abou Bakr suggested to break this cycle of hatred by committing ourselves to respecting the human rights of all people alike, under all circumstances, at all times. He said et us end the very injustices that have fueled the hatred and frustration that has given birth to terrorism. Let us be as proactive in resisting injustice as we are in combating terrorism.
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