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ÿþS i m m e r i n g J a m m u a n d K a s h m i r |
Air Commodore ® Khalid Iqbal
Democratic freedom that India prides itself has been missing from the IOJ&K since 1947. The voice of Jammu and Kashmir has always been portrayed as a threat to India’s territorial integrity rather than treating it as a whistle blower’s call to mend the ways. IOJ&K has indeed been an open cage for the last six decades or so.
A United Nations (UN) Special Rapporteur has, yet once again, urged India to repeal the controversial law that gives its military special powers to act in troubled areas. Christof Heyns, UN’s Special Rapporteur on extrajudicial, summary or arbitrary executions, said that the Armed Forces (Special Powers) Act (AFSPA) has become a “symbol of excessive state power” and “has no role to play in a democracy”. These comments came after the conclusion of his 12-day fact-finding mission to India.
AFSPA has been in force in different parts of India since 1958 and is currently enforced in IOJ&K, Manipur and Nagaland. Human rights workers have accused the Indian troops of illegally detaining, torturing and killing rebel suspects; sometimes even staging gun battles as a pretext to kill. Law also prohibits soldiers from being prosecuted for alleged rights violations unless granted express permission by the federal government. According to official documents, the IOJ&K government sought permission to try soldiers in 50 cases in the last two decades, but the federal government has refused each request. Immunity provision effectively blocks any prosecution of members of the armed forces,” Heyns reported.
“During my visit to Kashmir, AFSPA was described to me as ‘hated’ and ‘draconian’. It clearly violates International Law. A number of UN treaty bodies have pronounced it to be in violation of International Law as well,” said Heyns. “The main finding in my report is that despite constitutional guarantees and robust human rights jurisprudence, extrajudicial killings continue in India and it is a matter of serious concern,” Heyns said. Guidelines laid down by the Supreme Court, many of which have been incorporated through amendments in the Code of Criminal procedure are not sufficiently complied with, he claimed. Prevalence of communal violence, encounter killings, custodial deaths, ‘honour’ killings and plight of dalits and adivasis are other areas of concern mentioned in the report. Heyns has proposed a number of provisional steps to be taken to address these concerns, including the establishment of a Commission of Inquiry, consisting of respected lawyers and other community leaders. “India also should ratify a number of international treaties, including the ‘Convention Against Torture’ and the International Convention for the Protection of All persons from Enforced Disappearance,” he said. Special Rapporteur’s final conclusions and recommendations will be submitted as a comprehensive report to the Human Rights Council. Earlier on also, the UN Human Rights Council’s Special Rapporteurs have demanded investigations to trace thousands of missing persons in held Kashmir and account for the mass graves of 2,700 Kashmiris.
Moreover, ‘Amnesty International’ has urged India to scrap the Public Safety Act (PSA) that allows police to detain a person up to two years without charge or trial if he or she is deemed a threat to the state. “Kashmir authorities are using PSA detentions as a revolving door to keep people they can’t or won’t convict through proper legal channels locked up and out of the way,” said Sam Zarifi, Amnesty’s Asia-Pacific director. A new report from the group said up to 20,000 people had been held under the law since the start of an insurgency in 1989. Indian authorities detained hundreds of people each year without charge or trial in order to “keep them out of circulation”, it said. According to an official count, 47,000 people have died in over two decades of rebellion. Amnesty’s recent report has called for “an independent, impartial and comprehensive investigation” into reports of torture and ill-treatment of detainees.
In January, UN special rapporteur on human rights defenders, Margaret Sekaggya, also demanded a repeal of the draconian laws. India’s rights record in Kashmir also came under scrutiny in December 2011, when leaked diplomatic cables said the International Committee of the Red Cross (ICRC) had evidence of systematic torture by Indian security forces. The ICRC, according to the cables leaked by Wikileaks, told US diplomats in 2005 of 177 visits it had made to Kashmir detention centres that revealed “stable trend lines” of prisoner abuses.
Stanley Wolpert. in his book “India and Pakistan” writes: “The people of Kashmir themselves must be permitted to choose their own leaders in free and fair elections, as do Indians in every other states in that union, and New Delhi solemnly commit to supporting Kashmir’s provincial autonomy and rights of its people, as it does the autonomy and rights of the people of Punjab, Maharashtra or West Bengal”.
UN is squarely to be blamed for the miseries of the people of IOJ&K because it has not implemented its resolutions for holding a plebiscite in Kashmir to ascertain the aspirations of the people of the state. Pakistan did support the Kashmiris at various stages in varying degrees to wrest their freedom from India. Pakistan’s support may have been inefficient, it was not illegal. In the post-colonial period, international law has evolved through several UN instruments and articulations on decolonization which make it legal to support, even militarily, the struggle of peoples under colonial or foreign occupation, while they struggle for their right of self-determination. Pakistan indeed lost several strategic opportunities for securing Kashmiri rights and freedom. Effort by Pakistan to evolve a bilateral solution through ‘back-channel’ diplomacy was a strategic fiasco. Such ‘solution’ would have legitimized the status quo and forsaken the rights of the Kashmiris for good.
Pakistan should continue to publicly express and uphold its longstanding and legitimate position on Kashmir that a final settlement must be based on the resolutions of the UN Security Council, agreed by and, hence, binding upon Pakistan and India. Pakistan’s articulations must be bold and recurring.
As settlement of Kashmir dispute is likely to take indefinite time, therefore without prejudice to the final settlement, Pakistan needs to work out a provisional mechanism to ensure representation of the people of AJK and Gilgit-Baltistan in the National assembly and Senate.
Here, an appeal is in order to the collective conscience of the American people that before casting their votes in the upcoming presidential elections, they must scrutinize President Obama’s actions towards fulfilling his Kashmir related pledges during his previous campaign. Moreover, an urging is due to the American Senators and Representatives to take notice of the Human Rights abuses in Kashmir and hold a hearing on this pressing issue. Sanity demands that Representative Dana Tyrone Rohrabacher should focuses on HR situation in Kashmir which is a UN recognized conflict, instead of wasting his breath in pressurizing Pakistan via Baluchistan.—OM |
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Logics of bounty and Statue of Liberty |
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America announced a bounty of US $10 million on Pakistan based Jama'at-ud-Da'wah(JuD)’s leader Hafiz Muhammad Saeed. The announcement came through US Under Secretary of state Ms. Wendy Sherman during her visit to New Delhi on April 02. This was followed by US Justice Department posting the announcement on their official website. Pakistan in its first official response to the bounty, said that Washington needed to provide “concrete evidence” if it wants the government to act against Saeed. Prime Minister Of Pakistan Gilani said that “the United States should have informed Pakistan before taking such a action because there is no solid evidence against Saeed.” He added that if the U.S. has solid evidence, it should share it with Pakistan, which has an independent judiciary. Mr. Gilani made the comments to parliament, which re-convened to debate a new framework for ties with the United States. On the other side Hafiz Saeed came open in a press conference saying “I am here, I am visible. America should give that reward money to me, “I will be in Lahore tomorrow. America can contact me whenever it wants to.” he told reporters, mocking Washington for placing a bounty on a man whose whereabouts are no mystery.
Most of the critics say that timing and place of bounty announcement show American desire to please India and curtail Difa- e -Pakistan’s efforts against drones and NATO supply. However, like American misadventures in Abbottabad operation this may turn out to be another miscalculated foreign policy fiasco. Tactically killing bin Laden was an emotional triumph for the US but strategically it clearly has dented relationship with Pakistan and damaged objectives of all collation partners involved in War against Terror. State department spokesperson Ms. Nuland talking on procedure of announcing bounty said “My understanding is that the primary work that is done before we offer these rewards is internal, we do advise affected governments that we intend to do this” but Pakistan’s response show more of misunderstanding on her part.
Another concern shown by journalists in US State department briefings made spokesman Mark. C. Toner defensive, when he was asked as to why US is putting tax payer money when there is no credible information to convict. A journalist asked that “the reasons given are fairly old reasons, including that he is suspected of masterminding the Mumbai attacks. That was three and a half years ago, I mean, why would it take years to decide to put him on the Rewards for Justice Program?” If there is not any evidence, why is this guy a wanted terrorist? On the other side Hafiz Saeed has said he is ready to face "any American court" to answer the charges. Pakistan’s Foreign Office said that Islamabad will act against Saeed and Makki if evidence is provided against them. Pakistani court has acquitted Hafiz Saeed on many occasions and in many cases due to lack of evidences against him. On October 12, 2009, the Lahore High Court quashed all cases against Hafiz Muhammad Saeed and set him free. The court also notified that Jama'at-ud-Da'wah is not a banned organization and can work freely in Pakistan. Justice Asif Saeed Khosa, one of two judges hearing the case, observed "In the name of terrorism we cannot brutalise the law." If the bounty announcement has any links to proof which India say it has, lets put the record right. India’s own investigations on Samjhota Express pointing fingers to Pakistan resulted in involvement of local Indians like Col Prohit as their investigation matured. There is no derth of such examples just study let us only recollect 2007, Mecca Masjid Blast on May 18 when 14 people died, Ajmer Sharif Blast on October 11. This shows a glimpse of investigation handling in India, the larger story can be summarized in what a human right activist and Mumbai advocate Mihir said,” It is believed that CBI is seeking directions from the home ministry to see the Ajmer, Mecca Masjid, Malegaon and other blasts in conjunction after there has been no conclusive evidence of the involvement of Islamic groups”.
After Russian occupation of Afghanistan Lashkar e Toiba (Let) was raised in 1984 in Kunar to fight the aggressors. This occupation was a prelude to Russian desire of reaching the warm waters and next phase had to move through Pakistan. The US – Pak National interests coincided and full support was provided to this organization. In the aftermath of success US left Pakistan at its own to deal with such organizations. LeT a small organization of about 4000 odd members decided to support oppressed Muslims of Indian held Kashmir (IHK). Pakistan also did not check as it provided a counter to Indian interference in its neighbours. 9/11 decade brought another change in foreign relations and the New World Order rejected all such movements and linked them with Al-quida (ALQ), US declared LeT as Foreign Terrorist Organisation (FTO) in 2001 and Pakistan banned its activities in 2002 . Where it was easy decision for US, Pakistan which had to implement had to face problems as the region went into destabilization mode due to 9/11. Pakistan’s take from here on followed a systematic approach to shift the orientation of modest faction of this organization towards welfare of countrymen and take strict actions against hard liners after 26/11 at Mumbai. These measures forced hard liners to join the moderate group. The welfare faction , Jamat ud Dawa (JUD) is functioning under Hafiz Saeed who publically condemns Mumbai attacks. They run 163 schools and 4 colleges for almost 44000 students. In health sector it provides 6 hospitals , over hundred dispensaries and ambulance services. Its contributions in floods and earthquake are recognized by the world. JuD came to limelight during 2010 Floods of Pakistan. Even the USAID chief Rajiv Shah visited a Sukkur relief camp supposedly run by Falah-i-Insaniat (FI), the relief organ of Jamaatud Dawa. Mr. Shah donated two trucks of relief goods on behalf of US aid to the camp.
The hallmark of civilized societies is marked by rule of law for anyone and everyone with logics, arguments and fairness. As we proceed in this unipolar world each day unfolds a new challenge for our generation and question our decision to join the reversal of liberty which we inherited through struggle of generations. The buzz word is let the system survive, yes we must if we see it is proceeding in right direction even at snail speed but if it is in wrong direction we may be cultivating tough tomorrow for coming generations. The rule of powerful rush in where the Law and logic fail to tread. The most to suffer is the advanced society where the statue of liberty laughs when basic rights of its own citizen are put at stake in name of fight against terror and force them to remain silent on such illogical logics.—OM |
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Let the sense prevail |
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Masood Khan Jubail
Early morning on April 7, a massive avalanche smashed into a Pakistan Army camp on the Siachen glacier, burying alive more than 124 soldiers and 11 civilians.
Siachen glacier is the world’s highest battlefield, 6,000 meters above the sea level, where winter temperature drops to minus 70 Celsius with blizzards gusting at a speed of 160km/h. Siachen glacier was part of Pakistani Kashmir since the Indo-Pak war of 1948. However, Pakistan never kept its forces on the glacier in winter considering it unnecessary due to severe weather conditions. It was until 1984 winter when Indians quietly moved their troops and occupied around 70 percent of the ice mountain. In response, Pakistan was also forced to depute its forces throughout the year. According to an estimate, Indians are keeping a force of 5,000 soldiers while Pakistan’s strength is about half of that. Both countries are spending $400 million – $500 million per year to keep the forces on the glacier.
In the local Balti language, Siachen means “valley of roses”, not valley of death where more than 2,000 soldiers have died due to extreme weather conditions. As both the countries realize that it is waste of resources and unnecessary burden on the forces, they have held dozens of meetings in the past to discuss a possible withdrawal of troops from the glacier, but nothing came out of these meetings. The reasons being ego, stubbornness and deficit of trust. Indians have refused to withdraw until Pakistan recognizes its troops’ present position; India fears that in case of its withdrawal, Pakistan may move its soldiers to re-occupy the earlier lost territory.
Today, tragedy has struck Pakistani soldiers, tomorrow the victims could be Indian forces. Then why can’t this glacier be demilitarized and made a mountain of peace. Why can’t the political and military leaders on either side of the border take a back seat and let the sense prevail — why to spend resources on a war which is of no use (unless it satisfies some egoist evil minds), why to expose the poor soldiers to severe weather, frost bite, inhospitable terrain and possible death. Perhaps both India and Pakistan may learn a lesson from this catastrophe and re-start the stalled dialogue on Siachen glacier and Sir Creek.—AN
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World warms up for real |
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William D. Nordhaus
A January 27 opinion piece in The Wall Street Journal by a group of 16 scientists, “No Need to Panic About Global Warming,” contained many of the standard criticisms of climate skeptics in a succinct statement. The essay argued that the globe is not warming and delaying policies to slow climate change for 50 years will have no serious consequences.
At a time when we need to clarify public confusion about the science and economics of climate change, the 16 scientists have muddied the waters. Here, I describe some of their mistakes.Their first claim is that the planet is not warming. More precisely, “Perhaps the most inconvenient fact is the lack of global warming for well over 10 years now.”
It’s easy to get lost in the tiniest details here. Most people will benefit from stepping back and looking at the record of actual temperature measurements. Data from 1880 to 2011 on global mean temperature averaged from three sources. We don’t need complicated statistical analysis to see that temperatures are rising. Furthermore, they’re higher during the last decade than they were in earlier decades.
One of the reasons that drawing conclusions on temperature trends is tricky is that the historical temperature series is highly volatile. The presence of short-term volatility requires looking at long-term trends. A useful analogy is the stock market. Suppose an analyst says that because real stock prices have declined over the last decade, which is true, it follows that there’s no upward trend. Here again, an examination of the long-term data quickly shows this to be incorrect. The last decade of temperature and stock market data are not representative of longer-term trends. The finding that global temperatures are rising over the last century-plus is among the most robust findings of climate science and statistics.
The question here is whether emissions of CO2 and other greenhouse gases will cause net damages, now and in the future. This question has been studied extensively. The most recent thorough survey by the leading scholar in this field, Richard Tol, finds a wide range of damages, particularly if warming is greater than two degrees Centigrade. Major areas of concern are sea-level rise, more intense hurricanes, losses of species and ecosystems, acidification of the oceans, as well as threats to the natural and cultural heritage of the planet.
A final point concerns economic analysis. The 16 scientists argue, citing my research, that economics does not support policies to slow climate change in the next half-century: A recent study of a wide variety of policy options by Yale economist William Nordhaus showed that nearly the highest benefit-to-cost ratio is achieved for a policy that allows 50 more years of economic growth unimpeded by greenhouse gas controls.
This would be especially beneficial to the less-developed parts of the world that would like to share some of the same advantages of material well-being, health and life expectancy that the fully developed parts of the world enjoy now.
The first problem is an elementary mistake in economic analysis. The authors cite the “benefit-to-cost ratio” to support their argument. Elementary economics teaches that this is an incorrect criterion for selecting investments or policies. The appropriate criterion for decisions in this context is net benefits – that is, the difference between, not the ratio of, benefits and costs.
My study is just one of many economic studies showing that economic efficiency points to the need to reduce CO2 and other greenhouse gas emissions immediately. Waiting another 50 years is not only economically costly, but will also make transition more costly when it eventually takes place.
Current economic studies also suggest that the most efficient policy is to raise the cost of CO2 emissions substantially, either through cap-and-trade or carbon taxes, to provide appropriate incentives for businesses and households to move to low-carbon activities. Yes, there are many uncertainties. That does not imply that action should be delayed.
If anything, the uncertainties would point to a more forceful policy – one starting sooner rather than later – to slow climate change.
The 16 scientists urge avoiding alarm about climate change. I’m equally concerned by those who allege that we’ll incur economic catastrophes if we take steps to slow climate change. The claim that cap-and-trade legislation or carbon taxes would be ruinous to our societies does not stand up to serious economic analysis. We need to approach the issues with a cool head and respect for sound logic and good science.—KT |
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