Jammu and Kashmir Council for Human Rights (JKCHR) hosted a reception in honour of Rapporteur of Kashmir Baroness Emma Nicholson here in London. Welcoming the Baroness JKCHR Secretary General Dr Syed Nazir Gilani said that it is not the first or last report on Kashmir.
There could be different positions of understanding by the parties to the dispute. Each one has a right to seek an equitable and fair record of its position.
India and Pakistan are two sovereign states and it is only the people of Kashmir who run the risk of being unfairly or incorrectly represented. We have to take a pro-people position and assure the best interests of the people of Kashmir distributed under three administrations and as a strong Diaspora.
Dr Gilani said that JKCHR has a position on the right of self-determination and has shared it with the Baroness in writing and during the past interactions with her and her colleagues. However, it appreciates that it is for the first time that a report has put the Azad Jammu and Kashmir (AJK) and Northern Areas on the map of our concern and notice.
The JKCHR Secretary General said that the NGO has been supporting peace process and has made valuable contributions at June 1993 UN World Conference on Human Rights in Vienna, October 1993 Commonwealth Heads of Government summit in Limassol, February 1994 Global Convocation in Washington, December 1994 Islamic Summit held in Casablanca and IKA May 2004 intra Kashmir dialogue held in London. The JKCHR has asked India and Pakistan to stop invoking the enemy images of each other.
As regards self-determination Dr Gilani said that we should be careful to differentiate between a solution according to the "wishes and aspirations" and self-determination as a basic human right. Wishes and aspirations are not legally enforceable as we have seen in Iraq war and are seeing in the protest against a reference brought against the chief justice of Pakistan.
The JKCHR secretary general said that if India and Pakistan needed the mediation of World Bank on the question of water, how come right of self-determination could be so casually resolved in an undisciplined way without jurisprudence.
Dr Gilani said that constitution of Pakistan in Article 257 makes a clear reference to a successful process of self-determination and leaves a subsequent accession to the 'wishes and aspirations' of the people. Constitution of Pakistan has a constitutional binding on self-determination and leaves accession as a non-compulsory and provisional choice. The JKCHR Secretary General said that it is encouraging that the amended report has incorporated right of self-determination.
He, however, pointed out that the report has only pointed out a constitutional restraint embedded in article 4(7)2 and has failed to recognise other restraints embedded in article articles 19(2), 31(3) and 56 of the Constitution.
These restraints are at variance with the assumed responsibilities under UNCIP Resolutions. These constitute a serious impediment in the path of a 'free vote', a 'popular legislature' and a 'popular government'. Dr Gilani said that government of Pakistan through its Prime Minister nominates five non-state subjects in the AJK council to retain an authority in the legislative process. This nomination is in violation of state subject law and runs repugnant to government of Pakistan's position in assuming responsibilities under UNCIP in Azad Kashmir.
Referring to India JKCHR secretary general said that Indian forces have been invited as a supplemental to the state administration to protect 'life', 'honour' and property in Kashmir. Unfortunately the government of India has failed to discharge this supplemental role and the failure to protect 'life', 'honour' and property in Kashmir vitiates the basics of the bilateral agreement.
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