August 7, 2019

Pakistan expels Indian envoy for revoking Kashmir’s special status

By Abdus Sattar Ghazali

In worsening relations between the nuclear-armed neighbors in the aftermath of India’s move to strip Kashmir’s special status, Pakistan on Wednesday announced it was expelling the Indian ambassador and suspending bilateral trade.

The decision was announced after the National Security Committee (NSC) meeting which also decided to review Pakistan's bilateral arrangements with India, take the matter of revocation of Kashmir's special status to the United Nations, including its Security Council, and observe the upcoming Independence Day on August 14 "in solidarity with brave Kashmiris and their just struggle for their right of self-determination".

The meeting attended by the top civilian and military leadership also decided to recall Pakistan's ambassador from New Delhi.

The National Security Committee (NSC) earlier warned the world that India’s actions could destabilize the region and threaten international peace.

“The recent Indian measures will increase the levels of violence and turn this area into a flashpoint and a destabilizing factor in the midst of two strategically capable neighboring countries,” a statement issued after the meeting said while noting that India through its military buildup in Kashmir and “brutal use of force against an unarmed population” was “adding fuel to fire”.

UN in contact with India, Pakistan

The United Nations is making contacts with India and Pakistan at “various levels” amid deteriorating situation between the two South Asian neighbor, Secretary-General Antonio Guterres' spokesperson said on Wednesday.

Responding to questions at the regular briefing in New York, spokesperson Stephane Dujarric denied that Guterres was reluctant to get involved in resolving the grave situation between the two nuclear-armed “There is no reluctance on the part of the secretary-general,” the spokesperson said. “We are very well aware and following the situation with a lot of concern.”

“Contacts are being had at various levels and we urge all parties to exercise maximum restraint,” he added. He did not specify at what level the contacts were taking place.

UN Human Rights spokesperson concerned about Kashmir news blackout

Meanwhile, the United Nations Human Rights spokesperson has expressed "great concern" over the information blackout in Indian-administered Kashmir which continued after its special status was scrapped by India earlier in the week.

In a statement shared on Wednesday via a video on Twitter, the spokesperson said that what had already been observed to be a pattern, was taken to a "new level" with the latest restrictions placed by India which he said "will exacerbate the human rights situation in the region".

"I would refer you back to our July 8, 2019 report on the human rights situation in Kashmir which documented how authorities have repeatedly blocked communications networks to muzzle dissent, used arbitrary detention to punish political dissidents and employed excessive force while dealing with protests leading to extra judicial killings and serious injuries," said the statement.

"We are seeing again blanket telecommunications restrictions, perhaps more blanket than we have seen before, the reported arbitrary detention of political leaders and restrictions on peaceful assembly.

"These restrictions will prevent the people of [occupied] Kashmir and their elected representatives from participating fully in democratic debate about the future status of Jammu and Kashmir," it observed.

The Guardian view on Kashmir

The Guardian, in an editorial said “India revoking the disputed region’s special status is incendiary and wrong. The impact could be felt throughout the region.”

The paper warned the broader reverberations in an unstable region are as worrying. Pakistan has already condemned New Delhi’s move and said it will “go to any extent” to protect Kashmiris. The two nuclear-armed neighbors have long been at odds – and at times at war – over the disputed Himalayan region; Bill Clinton once described the ceasefire line as the most dangerous place in the world.

China, which also has a territorial dispute, declared India’s actions unacceptable and void. The US has been critical in defusing previous crises in the past. But it is harder to place faith in the Trump administration – and Washington is unlikely to be overly interested in the plight of Kashmiris unless the regional peace looks threatened.

“In recent years, many Kashmiris have rejected separatism and the majority have placed their faith in mainstream politics. Yet Delhi has cut off communications, locked down the region and put politicians under house arrest. The consequences are likely to be grave,” the Guardian editorial concluded.

ICJ condemns steps taken by India in Kashmir

The Indian Government’s revocation of the autonomy and special status of Jammu and Kashmir violates the rights of representation and participation guaranteed to the people of Jammu and Kashmir under the Indian Constitution and in international law and is a blow to the rule of law and human rights in the state and in India, the International Commission of Jurists (ICJ) said.

 “The Indian Government has pushed through these changes in contravention of domestic and international standards with respect to the rights of people in Jammu and Kashmir to participate and be adequately represented, accompanied by draconian new restrictions on freedoms of expression, assembly, and travel,  and with an influx of thousands of unaccountable security personnel,” said Sam Zarifi, ICJ’s Secretary General.

“The legality of the Indian Government’s measures to eviscerate Article 370 will certainly be tested before the Indian judiciary, which should look closely at the serious violations of proper legislative and Constitutional processes,” Zarifi said. “All eyes are now on the Indian Supreme Court to fulfill its functions in defense of the rights of people of Jammu and Kashmir and the Indian Constitution,” Zarifi said.

The procedure adopted to revoke the special status and autonomy of Jammu and Kashmir appears to be incompatible with judgments and observations of high courts and the Indian Supreme Court, who have clarified that the President of India would need the agreement of the government of Jammu and Kashmir to change its status. The amendments effectively render Article 370 inoperative in its entirety, without meeting the Constitutional requirements in spirit.

UAE supports Indian move in Kashmir

Most of Muslim countries are in the silent mode after the Indian government's move to scrap Article 370, Article 35A and bifurcate Indian controlled Kashmir into two union territories but the United Arab Emirates (UAE) envoy to India Dr Ahmed Al Banna expressed hope that this decision of the Indian government would help improve the social and economic conditions and welfare of the people of Jammu and Kashmir as well as Ladakh, according to media reports.

“We expect that the changes would improve social justice and security and confidence of the people in the local governance and will encourage further stability and peace,” the UAE ambassador to India stated.

Dubai-based newspaper Gulf News quoted the UAE envoy to India as saying that the Indian decision related to Indian controlled Kashmir was an “internal matter” as stipulated by the Indian constitution. The UAE believes that the changes would improve social justice and security and confidence of the people in the local governance and will encourage further stability and peace.

Malaysia and Turkey

Tellingly, only two Muslim countries Malaysia and Turkey have expressed concern about Indian move in Kashmir. Pakistan Prime Minister Imran Khan phoned Malaysian counterpart Mahathir Mohammad and Turkish President Erdogan to discuss the Indian move.

The Malaysian premier expressed concern over the situation in Indian Jammu and Kashmir, according to a statement by Pakistan’s Foreign Office.

Turkish President Erdogan said that India’s announcement on the status of Jammu and Kashmir was in clear violation of the United Nations Security Council (UNSC) resolutions.

He stressed that it would deteriorate the peace and security of the region, and further undermine relations between the two neighbors.

Erdogan assured Premier Imran Khan that Turkey, with regard to Kashmir, would continue supporting Pakistan, according to a statement.

Turkey expressed concern Monday that India's unilateral decision to revoke Article 370 of the Constitution which grants a special status to the disputed Kashmir region is likely to increase tensions.

“We are concerned that the annulment of Article 370 of the Constitution of India on 5 August 2019 which accords a special status to Jammu-Kashmir could further increase existing tensions,” the Turkish Foreign Ministry said in a statement.
Turkey is ready to contribute to efforts to reduce tensions in the region if the parties agree, the statement stressed.

“We sincerely hope for the resolution of the problem through dialogue and within the framework of the relevant UN resolutions by observing the legitimate interests of all people of Jammu-Kashmir as well as Pakistan and India,” it added.

The Turkish Anadolu News Agency recalled that since they were partitioned in 1947, the two countries have fought wars in 1948, 1965 and 1971, two of them over Kashmir. “Some Kashmiri groups in Jammu and Kashmir have been fighting against Indian rule for independence or for unification with neighboring Pakistan. According to several human rights organizations, thousands of people have reportedly been killed in the conflict in the region since 1989”. 
 

JOA-F
Home
Current_Issue_Nregular_1_1
Archives
Your_comments
About_Us
Legal

 The Journal of America Team:

 Editor in chief:
Abdus Sattar Ghazali

Senior Editor:
Prof. Arthur Scott

Special Correspondent
Maryam Turab

 

Syed Mahmood book
Front_page_title_small

 

Your donation 
is tax deductable.

21st Century
MuslimsInPolitics 2017 Front