Geneva - A Gross Error of Judgement
Dr. Syed Nazir Gilani
There is a Swedish proverb, that "when a blind man carries a lame man, both go forward". But Bible has a saying that 'The "blind and the "lame people" will not enter the palace. The friendship of the Kashmiri leadership and their support base in Pakistan is similar to a "blind man carrying a lame man". Unfortunately the Swedish proverb seems to have turned on its head and the two friends don't seem to be going forward. And according to Bible the two - "blind and the "lame people" will not enter the palace.
Mirwaiz Umar Farooq was carried as one of the two friends to Geneva to be a speaker at one of the parallel activities on the side lines of the 19th session of UN Human Rights Council. The Valley based leader failed to realise that the UN Human Rights Council remains fully conscious of the fact that Mirwaiz's presence is confronted by two other voices raised against the violation of human rights in AJK (Pakistan administered) and Gilgit and Baltistan (Pakistan administered) two parts of the State of Jammu and Kashmir. In fact it means that there are three voices on the question of rights violation in Kashmir. The fourth vocal voice that has been added to the list is the violation of human rights in Balochistan. This voice has found a very strong support in the US Congress and the question of self-determination of the Baloch people has found its way into the vocabulary of political discussions around the world.
At a time when APHC is fractured into two factions and there are questions of concern on both sides in regard to the substantive merits of their reference to people, any generic statement by any one of them on the jurisprudence of Kashmir case has to be weighed and weighed and weighed, over and over again. Unfortunately, it did not happen and Mirwaiz made a "Gross Error of Judgement" in his speech at the parallel activity at the UN in Geneva on 15 March 2012. He made an offer stating "APHC is willing to forgo international facilitation, provided both the governments of India and Pakistan agree that the APHC leadership will be fully associated with the peace process at a later stage."
The statement highlights a sorry state of APHC politics. It violates the APHC constitution, remains at war with UN mechanism on the Kashmiri people's right to self-determination, has no public sanction and above all is a selfish statement, which may not be endorsed by the other faction of APHC lead by Syed Ali Shah Geelani. The role of Mirwaiz in the proverbial friendship between a "blind man and a lame man" is not clear. It could be strongly argued that he did not represent APHC of the manner that exists in Srinagar and continues to feature on the menu of the Pakistan High Commission in Delhi or as it continues to exist in Pakistan. Therefore, a blanket offer that "APHC is willing to forgo international facilitation, provided both the governments of India and Pakistan agree that the APHC leadership will be fully associated with the peace process at a later stage," has no mandate. It could be considered as an offer not only over and above the shoulders of the people of Kashmir but an offer made behind the backs of the people of the State living under three administrations and as a strong Diaspora.
Mirwaiz was flanked by a female minister from AJK and if she dares to share the same political offer, it amounts to a breach of her oath under AJK Constitution Act 1974. The Government of AJK has been established to seek the settlement of the question of self-determination as provided under UNCIP resolutions. The event organised by the Kashmir Centre EU, in association with International Human Rights Association of American Minorities (IHRAAM) would have been credible, if the other two Kashmiri participants, were not inscribed in the FBI affidavit filed in Dr. G. N. Fai's case coming up towards the end of the month. Even if, the two were not inscribed in an incriminating manner in the FBI affidavit, their positions as employees of the two Centres and the history of their graduation into the present roles, could not be trusted.
The majority non Kashmiri crowd at the meeting comprising of people living in Italy, France, Belgium and Geneva was put together by using the official stick. Another Round Table Interactive Dialogue Organised by OCAPROCE on the same day and attended by citizens of the State of Jammu and Kashmir did not allow a free hand of representation to the event which was attended by Mirwaiz. An activity going on in a similar manner in the adjacent room should have remained a concern for the Kashmiri leader.
Establishment in reality and the civilian Government in Pakistan as a proxy for the former remain the other partner in the friendship between a "blind man and a lame man". The other partner, President of Pakistan in his 3119 word address to the joint sitting of the parliament on 17 March 2012 could manage only 14 words for the right of self-determination of the people of Kashmir. In relation to Kashmir he said "But we must also address difficult issues including that of Jammu and Kashmir dispute."
President of Pakistan would have been handed down this phrase by the establishment which has an exclusive authority over any stir made on the question of Kashmir. It is exceptionally a barren and lustreless phrase. It expresses a desire and identifies Kashmir as an 'include' and not any more as a core issue or the issue of a people struggling for self-determination. In view of this very dry expression on Kashmir by the President of Pakistan the offer made by APHC leader in Geneva does not have any substantive merit. His faction or the other faction of APHC do not count for the establishment in any manner when it would come to their determination to seek a settlement with the Government of India.
It is an irony that the fractured political leadership of APHC serves to blow hot and cold for the establishment in Islamabad. APHC in either shape has served the interests of the establishment and would continue to serve as a scarecrow to increment the non-Kashmiri interest. Establishment in Pakistan and its experts on the jurisprudence of UN resolutions on Kashmir, have a full knowledge that APHC does not satisfy the test of 'Principality' set for the representative character of politics in Kashmir. Even if APHC is accepted to be fulfilling the requirements of 'Principality' to be counted as a representative leadership, it is obvious that other political parties represented in J & K assembly would have no challenge to their roles as 'Principals'.
It seems that Kashmiri leadership in the manner of APHC is lost in wilderness and has lost its moorings of all manner. Disappearance of APHC from its Delhi Bureau Office, from the international scene and its appearance in the present fractured and casual manner does more disservice than any good to the cause of the people of Kashmir. APHC exposes itself to a direct challenge of the other two opinions effectively raised at the UN in Geneva on the violations of human rights in AJK and Gilgit and Baltistan (parts of the State administered by Pakistan).
APHC has to understand the jurisprudence of UN Resolutions on the question of representation. According to para 6 of UN SC resolution of 21 April 1948 "The Government of the State has to invite the major political groups to designate responsible representatives to share equitably and fully in the conduct of the administration at the ministerial level while the plebiscite is being prepared and carried out." Establishment in Islamabad, would not be of any help to influence their 'role as responsible representatives'.
Author is London based Secretary General of JKCHR – NGO in Special Consultative Status with the United Nations. He can be mailed at dr-nazirgilani@jkchr.com
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Warm Regards
Mir Imran
Co-ordinator
Kashmir Chapter - JKCHR
Peer Bagh, Srinagar
Kashmir - India
Ph. 0091 194 2105927,
0091 194 2433032.
Fax. 0091 194 2431262
Mobile: 0091 9796138002
Email: -
kashmirchapter@jkchr.com
jkchr-sgr@hotmail.com
mir_imran@in.com
www.jkchr.com
Tariq Khattak, Islamabad, Pakistan.
GSM = 0300-9599007 and 0333-9599007
Email: Tariqgulkhattak@gmail.com
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