At Youm-e-Istehsal event, Speakers Call for International Action on Kashmir, Citing ICJ Advisory Opinion on Palestine

Distinguished diplomats, human rights activists, academics and journalists have linked the establishment of durable peace to the resolution of the longstanding political disputes and the grant of right of self-determination to peoples facing situations of foreign occupation, especially those from Indian Illegally Occupied Jammu and Kashmir (IIOJK) and Palestine.

An event, which marked the fifth anniversary of the illegal, immoral and unilateral actions of the Modi government in IIOJK, was jointly hosted by the Permanent Mission of Pakistan to the United Nations and the Consulate General of Pakistan in New York.

While exploring striking similarities between the Kashmiri and Palestinian freedom struggles, the speakers termed the right to self-determination as the pivot of the UN Charter and an essential condition without which sustainable peace and stability were not possible.

Those who addressed the ‘Youm-e-Istehsal Kashmir’ event included Ambassador Munir Akram, the Permanent Representative of Pakistan to the UN, Dr Ghulam Nabi Fai, Secretary General of World Kashmir Awareness Forum, Prof. Abdulhamid Siyam, senior Palestinian journalist and professor, Ambassador Hameed Ajibaiye Opeloyeru, Permanent Observer of the OIC Mission to the UN, Senator Lt. General (r ) Abdul Qayyum, former chairman of the Senate Standing Committee on Defence Production and Aamir Ahmed Atozai, Consul General of Pakistan in New York.

A large number of people including Permanent Representative of Turkiye, diplomats belonging to the OIC Contact Group on Kashmir, members of Kashmiri diaspora community, and youth and students attended the event.

Delivering his keynote speech on the occasion, Ambassador Munir Akram highlighted flagrant violation of international law, the UN Charter, and Security Council resolutions about the occupation of Jammu and Kashmir by India. While underscoring the illegality of the Indian occupation and its implications, he said the recent ICJ Advisory opinion on Palestine has imposed obligations, which extend to Jammu and Kashmir as well.

Drawing on the key points of the ICJ advisory opinion, Ambassador Akram said that foreign occupation violates the UN Charter's principles of self-determination and non-acquisition of territory by force. He said imposing national laws and establishing permanent control by the occupying power in IIOJK violates international conventions, including the Fourth Geneva Convention and human rights covenants.

He said the UN General Assembly or Security Council should decide the modality for self-determination. For Jammu and Kashmir, the Security Council has prescribed a UN-sponsored plebiscite. He said demographic and legal changes by the occupying power violate the principle of non-acquisition of territory by force and specific UN resolutions on Jammu and Kashmir.

The Pakistan UN envoy said that prolonged occupation aggravates the denial of self-determination and necessitates urgent resolution. He said that in line with the opinion of the ICJ, other states must cooperate to end the occupation, not recognize changes imposed by India, and ensure compliance by the Indian occupying power.

He announced that Pakistan will advocate for these conclusions to be applied to both Palestine and Jammu and Kashmir. He further said that a letter from Pakistan’s Deputy Prime Minister and Foreign Minister has been delivered to the President of the Security Council, the President of the General Assembly, and the UN Secretary-General, outlining six key conclusions:

1. India’s illegal occupation has resulted in severe human rights violations against the Kashmiri people.

2. India’s demographic and legal changes in Jammu and Kashmir violate UN resolutions and the Fourth Geneva Convention, amounting to "war crimes."

3. Despite repression, India cannot suppress the Kashmiri quest for freedom and self-determination.

4. The Kashmir dispute poses a clear threat to international peace and security.

5. India’s military build-up could provoke a regional arms race and aggression; a "strategic restraint regime" should be accepted.

6. The international community cannot ignore the serious threat to South Asian peace and security.

He said Pakistan will robustly and proactively highlight the Jammu and Kashmir dispute as non-permanent member of the UN Security in an effort to seek a resolution based on the UN Charter, UN resolutions, and the will of the Kashmiri people.

In his remarks, Ambassador Hameed Ajibaiye Opeloyeru, Permanent Observer of the OIC Mission to the UN, said that the OIC has consistently called on the international community to expedite action on the implementation of the UN resolutions, while also leaning on India to respect and support the fundamental and basic human rights of the people of Jammu and Kashmir.

“This includes the need to refrain from altering the demographic structure and realities of the disputed territory,” he said.

Ambassador Hameed also referred to the various resolutions passed by the OIC in which the Islamic representative body called for the reversal of the unilateral actions of the Indian authorities on August 5, 2019. He also reiterated the OIC’s call for all the member states of the UN to encourage the implementation of the relevant UNSC resolutions on peaceful settlement of the territorial dispute in the Indian-occupied Jammu and Kashmir in accordance with the wishes of Kashmiris.

While terming Ambassador Munir Akram as a staunch advocate of Kashmiris’ struggle for self-determination, Dr Ghulam Nabi Fai, Secretary General of World Kashmir Awareness Forum, highlighted similarities between colonial-settler policies pursued by India in IIOJK and Israel in Palestine. He said that Modi and Netanyahu were acting upon identical policies. He said that through the illegal and immoral actions of August 5, 2019, Modi sought to deprive Kashmiris of their distinct religious, cultural and political identity. He highlighted the need for consistent efforts to expose India’s violations of the UN Charter and international law in IIOJK.

Dr Abdulhamid Siaym, senior Palestinian journalist and professor, also drew parallels between Indian-occupied Kashmir and Palestine. He shared different suggestions to effectively highlight the plight of Kashmiris globally at the hands of Indian occupation authorities. He advocated for a greater OIC role in exposing the denial of the fundamental right of self-determination to Kashmiris by mobilizing international opinion, forming collaborations with different human rights organizations and reaching out to the policy-makers in the world capitals.

Senator Lt. General Abdul Qayyum said that the United Nations has failed to amicably resolve conflicts that involve the question of self-determination. He said that without re-energizing the UN Charter, the dream of a peaceful world will remain a pipedream. He said that young leaders such as Burhan Wani represent a new reality of Jammu and Kashmir which is animated by an aspiration for freedom from the Indian yoke of slavery.

Earlier, Aamer Ahmed Atozai delivered the welcome remarks and thanked the distinguished speakers and guests for making time to express unflinching solidarity with oppressed Kashmiris of IIOJK.

The Pakistani Consul General said the Indian government's actions, aimed at demographic changes in Jammu and Kashmir, are a clear attempt to alter the region's Muslim-majority character. Issuing over 4.2 million domicile certificates to non-Kashmiris, seizing land, and allowing non-Kashmiris to buy property and register to vote, are all part of a settler-colonial project that is a violation of the Fourth Geneva Convention and the relevant UN Security Council resolutions.

“This project aims to disempower and disenfranchise the Kashmiri people, and it constitutes a war crime under international law,” he said.