By Dr. Waleed Rasool: To prevent wars,maintain and safeguard human rights and peace is the underpinnings of the UN but she botched to prevent the wars in the south Asian region of Pakistan and India since 1947 in post departure of colonialism. The hostile atmospherebetween two nuclear neighboring states is at the precipitating stage particularly in post 5th August Indian unilateral action to change the status quo in her occupied territory of Kashmir. It is susceptibleto trigger and escalate at any movement because India and Pakistan are at eyeball to eyeball. India keeps adding fuel to the fire vis-à-vis letting no chance to go neither in Kashmir nor dealing with Indian Muslims.
Kashmir conflict is simmeringfor decades. It isthe mandate of the47 member body elected by UNGC to bring human rights violations dimension of the Kashmir dispute on the surface where it could be seen and dealt with. The UNCHR isan inter-government body to defend human rights globallyhowever, it hasa leaner relationship with power, and economic interests’ interests havinga strong correlation withthe quantum of international relations.Though UNCHR has no executive power, therefore, it cannot impose sanctions or intervein directly but it can pass resolutions despite the opposition of the concerned state involved in human rights violations hence it is a proper platform in certain cases to book the state at UNGC leading UNSC.
UNCHR can act as per section 4 to table the resolution against the concerned state but it is exhaustive as in the case of the Kashmir and Palestine where great powers have the selective interest to keep this platform at bay.Mega power protects the interests of their allies,therefore, to move any resolution is complex because one needs a vote of the member states and interest groups to prevent such resolutions hence human rights commission is often toothless.
The first-ever 49-page report regarding gross human rights violations in Kashmir titled Report on the situation of the Kashmir: Development in the Indian state of the Kashmir from June 2016- April 2018 and general human rights concerns in AJK and the GB. The second report covering the period from May 2018 to April 2019 was also issued by the OHCHR.
It pretends to mention that when OHCHR shared the draft reports on 12 June 2019 with the states of India and Pakistan to provide the factual comments Pakistan welcomed the OHCHR report and India rejected it on the bases it was “fallacious” tendentious and politically motivated ( Reference, p,33 OHCHR report May 2018 to April 2019). Here is the departure point of this write up to simply stamps the fact akin with understanding realists who are adamant that there is no international community.It is the “power” which matters to manure the support of the UN though there documented gross human rights violations.
The violations of the Indian occupational forces having license to kill under APSFA and PSA is well reported at highest echelons of the UN and there is no iota of doubt in it that Pakistan had left no stone unturned to bring Kashmir at International radar but she has to go extra mile as state actor and the legitimate party of the Kashmir dispute.The gross human rights violations committed by Indian occupational forces are documented at the right international forums but the regressive lobby is key to gain the support of the member states hence it is a prerequisite to balance the relations between China and the USA.
The human rights violations committed by Indian occupational forces have moved premia facia to hard evidences conducted by case studies based on internally and externally validated data with proper evidences endorsed by OHCHR, however, to make any considerable move to pressurize India is still hard nut to crack because she is mega-market and none wants to heart her economical interests.
It is clear as per the international convention of the Civil and the political rights in International law,Article 4 paragraph 3 that certain human rights- non degradable rights-may never be restricted even in situations of war or armed conflicts and India is its signatory but ground situation tells another tale. Furthermore, it includes the right of life, freedom from torture or freedom from enslavement,servitude, freedom from thought, conscience and religion. It is applied in conditions of armed conflicts when humanitarian laws apply but human rights laws continue to provide protection but it falls in third-generation laws and India is well aware of it.
Owning the lack of implementations of the early resolutions has resemblance with the case of the former Yugoslavia when international turbinal was established or the persons of violation of the international humanitarian and the human rights laws. The statement of the commissioner of the OHCHR is a testimony in post 5th August when Narendra Modi led fascist regime of India crossed all limits to choke the communication lines including the internet. The mass violation against the human is the ready case however, it needs multiple efforts in multi-directions to dent India because she has no morality, upon which the entire case of the Kashmir relies upon.
The international humanitarian law or often referred to the law of armed conflicts and the law of the war embedded in four Geneva conventions 149 state parties and two of the state protocols 152 and 144 state partiesrespectively. In which additional protocol 11 is dealing with the protection of the non-international armed conflicts is also the leading guideline to proceed legally.
It can be a baseline to give a gentle nudge to legal and human rights battles.The 8th of July 2019 recommendation of UNOHCHRto 47 UN members of the UN human rights Counsel to consider the establishment of the commission of the inquiry to conduct the comprehensive independent human rights violations inquiry is vital milestone and way forward at human rights front. More ECOSOC organizations need to be engaged with inclusive lobbying on multi-fronts.