Let Kashmir Decide - Demand UN Act
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On 10 December 1948, the UN proclaimed The Universal Declaration of Human Rights as the framework on which humanity can build just, equitable and free societies, henceforth referred to as “the Declaration.”
For decades, the UN has shirked its duty to hold contracting parties accountable for violations of the Declaration, Charter and resolutions parties have, by operation of their signature and ratification, bound themselves.
In the case of India-Occupied Kashmir, contracting party India has been committing repeated violations of Common Article 3 of the Fourth Geneva Convention in India-Occupied Kashmir (IOK) for decades; committing such acts as extrajudicial killings, torture, rape and collective punishment, as well as arresting dissenters without probable cause, denying them of due process and holding them indefinitely without charges, as well as other violations of human and civil rights.
On 5th August 2019, without the constitutionally-mandated action by the Kashmir assembly, India took unilateral action in the abrogation of Indian constitutional Articles 370 and 35A, invalidating the Instrument of Accession and Simla Agreement, further disrupting security and order in the region.
India has also deployed hundreds of thousands of additional troops to the already-most-militarised region of the world and cut off communication between India-Occupied Kashmir and the rest of the world and has taken steps in its acts of military aggression to annex territory acknowledged by the UN to be disputed.
Time is running out for the intentions set forth by the UN to mandate a Referendum of the indigenous (pre-1947) ethnically Kashmiri population, henceforth referred to as the “Kashmiri people” or “Kashmiris” on their status to be enacted and end this decades-old conflict.
We will gain further evidence for world wide support for this petition through a global SolidariTea event and will collect evidence of participation with photos and comments to support the collective aspiration of moral humanity to enact the following:
1) The UN International Court of Justice investigate the numerous and egregious incidents of war crimes (applies under Common Article 3 of the Fourth Geneva Convention) committed by India against the Kashmir people and render findings in a timeliness commensurate with the seriousness of the circumstances.
2) Changes in the historical conditions informing previous UN resolutions regarding Kashmir demand that the conditions under which the mandated Plebiscite be conducted be modified as follows:
a) Pakistan’s withdrawal from Azad Kashmir and Gilgit-Balitistan be conditioned upon the complete withdrawal of Indian and Chinese forces from areas of Jammu & Kashmir, Ladakh, Aksai Chin and Siachen Glacier and any other areas of Kashmir not mentioned, henceforth referred to as “Kashmir,” which will also include by reference, Azad Kashmir and Gilgit Baltistan.
b) Replacement of Indian, Pakistani and Chinese military/security forces currently occupying Kashmiri territory with UN peacekeeping forces.
c) Mandate the repatriation and resettlement of non-Kashmiris currently domiciled in Kashmiri territory to their respective countries of origin.
d) Have the UN monitor the compilation of a registry of ethnic Kashmiris, based on indigenous family and government records, as well as possibly genetic data, to ensure and validate the repatriation of ethnic Kashmiris and the integrity of Plebiscite participation.
e) Mandate governments allow for the voluntary return of ethnic Kashmiris to Kashmir for the purpose of participation in the Plebiscite.
f) That India must release all Kashmiris currently incarcerated under the Jammu & Kashmir Public Safety Act (PSA) or the Unlawful Activities Prevention Act (UAPA) or any other acts pertaining to dissent regarding India’s occupation of Kashmir and return them safely to Kashmir.
g) Include the Plebiscite option of forming an independent state in Kashmiri territory, along with the current options of merely accession to India or Pakistan.
2) The UN monitor the conduct of the Plebiscite to ensure its accuracy and integrity.
3) The UN peacekeeping forces remain until:
a) The Plebiscite results are verified and acknowledged by the parties to the dispute by signature and ratification of a treaty.
b) In the event the Plebiscite result is the establishment of an independent Kashmir state, a provisional constitution and government is chartered by a vote of the people, set up and operational.
From Let Kashmir Decide - Solidaritea
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