INTERNATIONAL ISSUES

OF HUMAN RIGHTS:
KASHMIR By:
Amna Zubair
Saba Ilyas
Nabiha Abid
Fiza Noor
 Introduction
Geopolitical Position:

Location: Northern Indian

subcontinent

Borders: India, Pakistan, China &

Afghanistan

Significance: Strategic crossroads, Kashmir profile according to

Vital trade routes, Rich natural
resources (water from rivers)
 Background
Colonial Era:
• British Rule (1858-1947):
o British Raj controlled Indian subcontinent
o Princely states, including Jammu and Kashmir, were
indirectly controlled by the British

• Princely State of Jammu and Kashmir:

o Maharaja: Hari Singh
oDemographics: Predominantly Muslim population under a Hari Singh, Former Maharaja of
Jammu and Kashmir
Hindu ruler
oNominal independence with British oversight
 Partition of India (1947)
• Independence:
o British India partitioned into India (Hindu majority) and Pakistan (Muslim majority)
o Princely states given option to join India or Pakistan-

• Accession Crisis:
o Maharaja Hari Singh faced pressure from both India and Pakistan
o Initial stance: Attempted to remain independent-

• Instrument of Accession:
o Date: October 26, 1947
o Maharaja signed the Instrument of Accession to India -
o Clauses: Kashmir acceded to India in exchange for military aid

o Result: Prompted the first Indo-Pakistani War (1947-1948)

Article from The Hindustan Times, 28th October, 1947
 Post-1947 Developments:
• First Indo-Pak War (1947-1948):
o Kashmir's accession to India.
o Invasion by Pakistani tribal militias.
.

oUN-mediated ceasefire and

establishment of the Line of Control (LoC).

• UN Involvement (1948-1950):
o UN Resolution 47 calling for a plebiscite.
o Conditions for plebiscite never met
• Second Indo-Pak War (1965):

o Conflict initiated by Pakistan's

Operation Gibraltar.
o Tashkent Agreement (1966) for
return to pre-war positions.-

• Simla Agreement (1972):

o Bilateral resolution of disputes.

o Respect for the LoC The Line of Control between India and
Pakistan agreed in the Simla Agreement (UN
Map)
Indian Folland Gnat captured during the 1965 war and put on display at the PAF Museum, Karachi
• Insurgency in Kashmir
(1989-Present):
oRise of armed insurgency
against Indian rule.
oSignificant violence and
human rights issues.

• Kargil Conflict (1999):

o Infiltration by Pakistani
forces.
o India recaptures territory
Recent Developments And
Current Status:
Abrogation of Article 370:
In August 2019, Article 370, which was included in the Indian
Constitution in 1949, granted special autonomy to the state of
Jammu and Kashmir was abrogated. The Indian government
argued that the abrogation of Article 370 was necessary to fully
integrate Jammu and Kashmir with the rest of India and to
promote development in the region.
Security Situation:
Following the abrogation of
Article 370, there was a
significant increase in security
measures in the region.
Curfews, internet shutdowns,
and restrictions on movement
were imposed to maintain law
and order. There were reports
of human rights abuses and
clashes between security forces
and civilians.
• Military Presence: There remains a significant military presence in
Indian-administered Kashmir, with security forces deployed to
maintain order and counter insurgency operations.
• Communication Blackouts: Periodic communication blackouts,
including internet shutdowns and restrictions on mobile services,
have been implemented by Indian authorities, impacting the flow
of information and freedom of expression in the region.
• Restrictions on Freedom of Movement: Kashmiris face restrictions
on their freedom of movement, with checkpoints, curfews, and
barricades limiting their ability to travel within the region.
Journalists and media professionals in Kashmir have also been
targeted by both state and non-state actors, including militant
groups, leading to a climate of fear and censorship.
• Civilian Casualties: Civilians continue to bear the brunt of the
conflict, with reports of civilian casualties and collateral damage
during security operations and cross-border shelling.
• Torture and Abuse: Reports of torture and abuse of detainees,
including minors, have surfaced, highlighting the need for greater
protection of human rights in the region.
• Detentions and Arrests:
Human rights organizations have
raised concerns about arbitrary
detentions and arrests of
Kashmiri civilians, including
activists, journalists, and political
leaders, often under the guise of
maintaining law and order.
•Extrajudicial Killings:
Allegations of extrajudicial
killings by security forces have
been reported, with accusations
of excessive use of force and
lack of accountability for human
rights violations.
Pakistan’s Response:

Pakistan strongly condemned India's actions and raised

the issue at international forums, including the United
Nations. The then Prime Minister of Pakistan, Imran
Khan condemned India's move as illegal and a violation
of international law and warned of the potential for a
military escalation between the two nuclear-armed
neighbors.

Pakistan then foreign minister Jalil Abbas Jilani also

expressed his opinions stating India has "no right to
make unilateral decisions on the status of this disputed
territory" against the will of the Kashmiri people and
Pakistan. Pakistan’s former foreign minister Jalil Abbas Jilani

However, India maintained that the changes were an

internal matter and rebuffed international interference.
Cross-Border Violence: There were instances of cross-border
skirmishes between Indian and Pakistani forces along the Line of
Control (LoC), resulting in casualties on both sides. These incidents
heightened tensions between the two nuclear-armed neighbors.
Diplomatic Efforts: There were sporadic attempts at diplomacy
between India and Pakistan, including talks at the level of foreign
ministers and occasional meetings between the prime ministers or
their envoys. However, these efforts did not lead to any significant
breakthroughs in resolving the core issues.
Present Day: Even after 23 petitions to the Supreme Court of India,
On 11 December 2023, a five judge constitution bench unanimously
still upheld the Indian Government's decision and article 370is still
abrogated today.
Foreign Involvements and
Resolutions for Kashmir
United Nations Commission for India and
Pakistan (UNCIP):

• In January 1948, following the outbreak of hostilities

between India and Pakistan over Kashmir, India
referred the issue to the United Nations Security
Council (UNSC). The UNSC established the UNCIP to
investigate and mediate.
• The UNCIP facilitated a ceasefire agreement that came
into effect on January 1, 1949.
UN Security Council Resolutions:

• Resolution 47 (April 21, 1948): This resolution recommended a three-

step process for the resolution of the conflict, including the withdrawal
of Pakistani troops, the reduction of Indian forces to a minimum level,
and the holding of a plebiscite to determine the future of Kashmir.
• Subsequent Resolutions: Additional resolutions (such as 51, 80, 91, and
98) were passed to further address the ceasefire, deployment of
observers, and conditions for a plebiscite.
United Nations Military Observer
Group in India and Pakistan
(UNMOGIP):
Establishment and Role:
Established in January 1949, UNMOGIP was tasked with
monitoring the ceasefire line (later known as the Line
of Control or LoC) in Jammu and Kashmir.

UNMOGIP observes and reports on ceasefire violations

and assists in maintaining the ceasefire agreements
between India and Pakistan.
Office of the UN High Commissioner for Human Rights
(OHCHR):
• In 2018, OHCHR published its first-ever report on the human rights situation in Kashmir,
covering both Indian-administered and Pakistan-administered regions. The report highlighted
serious human rights violations, including excessive use of force, arbitrary detentions, and
restrictions on freedom of expression.
• A follow-up report in 2019 reiterated these concerns, calling for justice for victims and urging
both India and Pakistan to respect human rights and facilitate access for independent
observers.
• The reports emphasize the need for both India and Pakistan to uphold their international
human rights obligations and to allow greater access to UN and other independent observers.
 Regional Involvement and
support for Kashmir:
• Pakistan:
Pakistan has consistently raised the Kashmir
issue at international forums, including the
UN General Assembly, and has called for
international mediation.
• India:
India maintains that Kashmir is an internal
matter and opposes any third-party
mediation.
Kashmir's top separatist leaders
Syed Ali Shah Geelani:
Born: September 29, 1929, in
Bandipora, Jammu and Kashmir

Early Influences: Influenced by the

political and religious environment
in Kashmir

Entry into Politics: Joined Jamaat-

e-Islami Kashmir in the early 1950s

First Election: Elected to the

Jammu and Kashmir Legislative
Assembly in 1972
All Parties Hurriyat Conference: Founding
member and later Chairman.

Stance: Advocated for the right to self-

determination for the people of Jammu and
Kashmir.

Influence: A key figure in the separatist

movement, calling for either independence
or merger with Pakistan.
1990s Insurgency: Played a significant role
during the insurgency period

House Arrests: Frequently placed under

house arrest by Indian authorities
Public Protests: Led numerous
protests and strikes against Indian
policies.
Resignation: Suffered from various
health problems in his later years
therefore, Resigned from the Hurriyat
Conference in June 2020.
Death: Passed away on September 1,
2021.
HE Left a lasting impact on the
political landscape of Jammu and
Kashmir because he is the man who
fought for Kashmir’s freedom.
Mirwaiz Umar Farooq:
• Born: March 23, 1973, in Srinagar, Jammu and
Kashmir
• Hurriyat Conference: Chairman of the All
Parties Hurriyat Conference (Moderate faction)
• Moderate Voice: Advocated for dialogue and
peaceful resolution to the Kashmir conflict.
• Security Concerns: Faced threats and was
often placed under house arrest by Indian
authorities
• Public Protests: Led protests and called for
strikes against policies perceived as
oppressive.
• Enduring Impact: Continues to be a significant
voice for the rights and aspirations of the
Conclusion:
The Kashmiri separatist movement, led by key figures like Syed
Ali Shah Geelani and Mirwaiz Umar Farooq, seeks self-
determination for Kashmiris. The issue, originating from 1947
partition, has led to ongoing tensions and human rights
violations. Pakistan supports Kashmiri self-determination and
calls for global intervention and peaceful resolution. A
peaceful resolution, involving dialogue, international
mediation, and protection of human rights, is crucial for
resolving the conflict.