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Kashmiris Observe Black Day While India Promotes Half Truths on UNSC Resolutions

The people of Indian occupied Kashmir (IOK) observed Black Day on the 70th anniversary of India's brutal Army occupation, yesterday, the 27th of October 2017. This comes amid continuing attempts by India and its supporters, including Professor Christine Fair, to justify Indian occupation with half truths about UN Security Council Resolutions calling on India to let the Kashmiris decide their future through a plebiscite.

Indians allege that Pakistan violated the UNSC Resolution 47 (1948) calling for a plebiscite by refusing to withdraw its military from the territory of the state. What they don't acknowledge is that it was superseded by UNSC Resolution 80 (1950) that called for progressive demilitarization on both sides of the ceasefire line to limit the deployment of the number of Indian and Pakistani troops as determined by the United Nations Commission for India and Pakistan.

Here's an excerpt of UNSC Resolution 80 passed in March, 1950:

"Calls upon the Governments of India and Pakistan to make immediate arrangements, without
prejudice to their rights or claims and with due regard to the requirements of law and order, to
prepare and execute within a period of five months from the date of this resolution a programme of
demilitarisation on the basis of the principles of paragraph 2 of General McNaughton proposal or of
such modifications of those principles as may be mutually agreed"


Here's the text of paragraph 2 of General McNaughton's proposal to UNSC:

"There should be an agreed programme of progressive demilitarisation, the basic principle of which
should be the reduction of armed forces on either side of the Cease-Fire Line by withdrawal,
disbandment and disarmament in such stages as not to cause fear at any point of time to the people
on either side of the Cease-Fire Line. The aim should be to reduce the armed personnel in the State
of Jammu and Kashmir on both side of the Cease-Fire Line to the minimum compatible with the
maintenance of security and of local law and order, and to a level sufficiently low and with the forces
so disposed that they will not constitute a restriction on the free expression of opinion for the
purposes of the plebiscite."


On the "Northern Areas" through which China-Pakistan Economic Corridor passes, the Norton proposal referred to by UNSC Resolution 80 gives Pakistani authorities the right to administer it until there is a plebiscite under UN supervision. It ays as follows:

"The "Northern Area" (including Gilgit-Baltistan region through which CPEC asses) should also be included in the above programme of demilitarisation, and its administration should, subject to United Nations supervision, be continued by the existing local
authorities (Pakistani authorities)."


In a book titled "United Nations Security Council and War: The Evolution of Thought and Practice since 1945", authors Vaughan Lowe, Adam Roberts, Jennifer Welsh and Dominik Zaum explain it as follows:


"(After passing UNSC Resolution 80 of March 14, 1950, calling for progressive demilitarization based on reduction of forces on either side of the CFL) UN Representative Frank P. Graham proposed a twelve point demilitarization plan on 4 September 1952. However, there was disagreement over the specific number of forces to remain on each side of CFL (Ceasefire Line) at the end of the period of demilitarization--between 3,000 and 6,000 on the Pakistan side and 12,000-18,000 on the Indian side. The subsequent proposals on demilitarization by Swedish diplomat Gunnar Jarring also came to naught. At the same time, India began to harden its position on the UN-supervised plebiscite which it had committed to following the withdrawal of Pakistani forces from the Pakistani side of the CFL "

It's clear from the details described above of what transpired after UNSC Resolution 80 that "India began to harden its position on the UN-supervised plebiscite which it had committed to following the withdrawal of Pakistani forces from the Pakistani side of the CFL (Ceasefire Line)".

India's brutal military occupation of Kashmir today is not only illegal but also immoral. It violates multiple UNSC resolutions on Kashmir and makes a mockery of the pledge made by one of India's founding fathers and first Prime Minister Jawaharlal Nehru to the people of Kashmir and to the world.

Here's Indian Jawaharlal University telling students in Delhi that Jammu and Kashmir are legally not part of India:

https://youtu.be/KWp1E8xrY5E

"Everyone knows that India is illegally occupying Kashmir. It is said the world over. Everybody accepts (it)....The map of India in foreign publications like Time and Newsweek show a different map of Kashmir. These copies of the magazines always create a lot of controversies and are censored and destroyed. When the whole world is talking about India's illegal occupation of Kashmir, then we should think the pro-azaadi (pro freedom) slogans in the valley are justified"





Related Links:

Haq's Musings

Christine Fair: Unfair? Unhinged?

700,000 Indian Soldiers vs 10 Million Kashmiris

What if Modi Attacks Pakistan?

1965 India-Pakistan War

2016 Kashmir Uprising

Kashmir in Context

Arundhati Roy on Indian Military Occupation of Kashmir

JNU Anti-Modi Protests

Views: 245

Comment by Riaz Haq on November 4, 2017 at 9:11am

#India ordered to probe 2,080 mass graves in #Kashmir where thousands have disappeared @AJENews

http://www.aljazeera.com/news/2017/11/india-ordered-probe-3800-mass...

Srinagar, Indian-administered Kashmir - The state-run human rights commission has told the government in Kashmir to investigate at least 2,080 unmarked mass graves discovered in border areas of the restive region.

The Association of Parents of Disappeared Persons (APDP), a human rights group in Kashmir, told the commission there were 3,844 unmarked graves - 2,717 in Poonch and 1,127 in Rajouri, twin districts in the region that lie along Line of Control (LoC) that divides the disputed territory between India and Pakistan.

In response, the commission acknowledged the presence of 2,080 unmarked graves and asked the government for a comprehensive investigation to be completed in six months, including DNA tests of the bodies to compare it with family members of the disappeared.

In 2011, the commission directed the government to investigate the mass graves. At the time, a special team from the commission said 2,730 unidentified bodies were buried in 38 sites across northern Kashmir.

"The commission has no hesitation to issue the same directions, which were already issued in the case," the recent order said. 

Thousands disappeared
APDP maintains 8,000 people have disappeared in the decades-old conflict, and accuses government forces of staging gun battles to cover up killings.

The association welcomed the commission's latest demand to investigate mass graves in India's Jammu and Kashmir state.

"It is an acknowledgement from the institution that is run by the government. It provides further legal remedies for the family members of missing," Khurram Parvez from APDP told Al Jazeera.

"We have been demanding that there be an independent commission to do a credible probe on the mass graves."

Parvez said the probe might give an "answer" to families of disappeared who do not know whether their relatives are dead or alive.

"We have done a study of 53 cases for a report where the bodies were exhumed from unknown graves. It was found that 49 bodies in the graves were of civilians and one was a local militant, three bodies were unknown. These people were dubbed as foreign militants by the government," Parvez said.

Since 2011, instead of complying with directions from the human rights commission, the government continues to avoid such an investigation on the pretext it would lead to a "law and order problem" in Kashmir, APDP said in a statement.

The European Parliament adopted a resolution in July 2008 and called on India's government ensure independent and impartial investigations into all mass graves, APDP said.

Officials contacted by Al Jazeera declined to comment on Friday. 

The state government has said most of the missing were likely Kashmiri youths who crossed into Pakistan for weapons training. Those comments have been dismissed by family members of the disappeared.

Comment by Riaz Haq on June 12, 2018 at 8:34pm

Excerpts of Nasim Zehra's "From Kargil to The Coup" 

She quotes from Indian historian A.G. Noorani's "Bilateral Negotiations on Kashmir: Unlearned Lessons":

"Nehru and Vallabhai Patel, the deputy prime minister and the one appointed by Nehru to formulate the strategy to deal with the princely states, were fast sewing up arrangements for Kashmir's accession to India even before Sheikh Abdullah's release from prison on 29 September 1947 and well before the tribesmen from Pakistan entered Kashmir on 21 October". 

Elaborating on this point, Noorani writes that earlier, on 28 May 1947, Patel had said, " Kashmir remains within the Indian Union even if a division of India and partition of Punjab takes place". Subsequently, on 3 July 1947, he wrote to the Jammu and Kashmir Prime Minister, Ram Chandra Kak, "I realize the peculiar difficulties of Kashmir, but looking to its history and traditions it has, in my opinion, no other choice but to accede to India."

Nehru, too, was single-minded on accession of Kashmir to India. Even to his friend and India's High Commissioner to Pakistan, Sri Prakash, Nehru had admitted on 25 December 1947, "The fact is that Kashmir of of the most vital significance to India as well as to Pakistan. There lies the rub". He added: "Kashmir is going to be a drain on our resources but it is going to be a greater drain on Pakistan. In a military sense, we are stronger". Equally, Nehru's 21 November 1947 exchange with Sheikh Abdullah lays bare the Indian prime minister's true thinking on the accession issue: "Referendum and plebiscite are ill-advised but must only tactically supported to avoid world criticism; that referendum is merely an academic issue and that after all for the Kashmiris, likely to be defeated in their "little war" against the State and the Indian forces, it should be absurd to want a referendum". 

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