19 September 2016
Exiled PoK leader Shaukat Kashmiri leading a demonstration in front of
United Nations Human Rights Council in Geneva
Kashmir People’s National Party (UKPNP) is a secular, progressive and
democratic political organization of the Former Princely State of Jammu and
Kashmir. It mainly operates in Pakistani occupied Kashmir and plays an
active role in evolving a consensus among Kashmiri Diaspora for a peaceful
resolution of the Kashmir issue. UKPNP is striving peacefully at different
fronts for achieving its ideals in the service of civil society, political,
socio-economic and human rights of the people of State of Jammu and Kashmir,
which is currently under India, Pakistan and China. Since its inception United
Kashmir People’s National Party has advocated the unification and independence
of Former Princely State of Jammu and Kashmir.
2. We are deeply concerned about the
state of human rights and security situation in former Princely state of
Jammu and Kashmir and Pakistan.
3. The assembly of eminent members of
civil society, political activists, journalists and citizens from different
parts of the globe have converged at UN human rights head office in Geneva to
register our concerns over the growing extremism, terrorism, blasphemy laws,
discriminatory laws, enforced and involuntary
disappearances, extra judicial killings, violence towards Kashmiri
Nationalist, Human Rights Defenders and minority groups such as Christians,
Hindus, and target killings of Ahmadias and other religious sects, political
crisis and other human rights situation in Pakistan, and Pakistan administered
Kashmir Gilgit Baltistan.
Exiled PoK Leader Shaukat Kashmiri
4. The United Kashmir People’s National
Party (UKPNP) would like to bring to the notice of the United Nations Human
Rights Council the blatant Human Rights violations being carried out by the
Government of Pakistan and the Pakistani military on the people of Pakistan
Administered Kashmir and Gilgit Baltistan. The local population of these
regions are increasingly being threatened by terrorism, religious intolerance
and extremism, all perpetrated by the Pakistan army.
5. We would like to draw the
attention of the UN High Commissioner for Human Rights to the complete
failure and disregard of the Government of Pakistan to provide the people of
Pakistan Administered Kashmir and Gilgit Baltistan their basic rights to live
without the fear of persecution, forceful displacement, arbitrary arrests and
suppression of political rights. Due to rising religious extremism, religious
minorities are systematically targeted both by extremist groups and the
Pakistani security forces. The media is heavily gagged to ensure that these
atrocities go unreported.
of Sardar Arif Shahid, Chairman of the All Parties National Alliance.
We call upon the United Nations Human
Rights Council to note that many voices of opposition raised against the Pakistani
Government’s deliberate policy to keep the people of Kashmir and Gilgit
Baltistan subjugated have been silenced permanently. The brutal killing of Sardar Arif Shahid,
Chairman of the All Parties National Alliance and a very prominent Kashmiri political
leader, in Rawalpindi on May 13, 2013 by the Pakistani intelligence services is
a clear reflection of the reprehensible policy adopted by the Government
agencies to remove sane voices of peaceful resistance. We have repeatedly
raised this issue in the UN Human Rights Council to put pressure on Pakistan to
institute a judicial enquiry into the target killing of Sardar Arif Shahid but
no action has been taken yet.
Judicial-Killings In The Name Of Countering Terrorism.
fear the situation in that region will deteriorate. Under the National Action
Plan and on the pretext of countering terrorism, the Pakistan army will
continue to carry out more extra judicial-killings. The recent decision by the
Pakistani Supreme Court to declare as legitimate the rulings against civilians
suspected of engaging in terrorism by army controlled military courts is also
counter to the basic laws of human rights. It allows for a parallel system of
military justice to operate. The military courts have already sentenced 16
people to death and many more are likely to be sentenced in future.
Kashmir (meaning Free Kashmir)
It is a well-known fact that the offices of
Prime Minister, President, Legislative Assembly, High Court and Supreme Court
have no powers over constitutional, political, social, economic, cultural
development. All these institutions function under the hegemony of Islamabad.
of Kashmir Affairs and Kashmir Council.
is very well known that both Ministry of Kashmir Affairs and Kashmir Council
control the entire life of the so-called Azad Kashmir and Gilgit Baltistan.
This underlines the non-elected nature of Kashmir council that is headed by the
Prime Minister of Pakistan. It controls 53 subjects out of 56 and Prime
Minister of Pakistan has prerogatives of dissolving any Government at
Muzaffarabad whenever he/ she deems it necessary without taking the legislative
assembly into confidence. According to article (7) sub-section(2), no person or
political party shall be allowed to take part in activities prejudicial or detrimental to the ideology of
state's accession to Pakistan. Act 1974 is not only contradictory to the UNCIP
and stipulations of Truce Agreement but also with the article 257 of
constitution of Pakistan that is described as257, for short.
Provision relating to the State of Jammu
the people of the State of Jammu and Kashmir decide to accede to Pakistan, the
relationship between Pakistan and that State shall be determined in accordance
with the wishes of the people of that State. According to the UN resolution,
Pakistan is obliged to ensure life, liberty and dignity of the people of
Pakistani Occupied Kashmir and Gilgit Baltistan.
on Freedom of Expression.
Tight controls on freedom of expression have
been a hallmark of the in so-called
Azad Kashmir and Gilgit Baltistan. This control is highly selective.
Militant organizations have had free rein to propagate their views and
disseminate literature. However, those
supportive of independence for a united Kashmir, or otherwise critical of the
Pakistani government, have faced continual repression.
change in the demography of so-called Azad Kashmir and Gilgit Baltistan.
Jammu and Kashmir is a disputed territory.
State subject of Kashmir dated the 31st January 1927 do not allow non-locals to buy property in Kashmir.
But Pakistan is violating the state subject and settling its citizens in Gilgit
Baltistan and So called Azad Kashmir to change the demography of these areas.
Of Religion As Weapon And Terrorism As Foreign Policy Tool.
are deeply concerned about Pakistan’s
policy to use religion as weapon and terrorism as a foreign policy tool
and our region as a launching pad for terrorism and training camps to suppress
the secular, democratic and progressive voices of the entire region.
Charges against peaceful Kashmiri Nationalist Leaders and Human Rights
so-called Azad Kashmir and Gilgit Baltistan, nationalists leaders and political
workers are facing sedition charges. Section 124-A is related to sedition,
which states that whoever brings into hatred or contempt the federal and
provincial government shall be punished with imprisonment up to life, to which
fine may be added.
of Anti-Terrorism Act (ATA) against peaceful Kashmiri Nationalist Leaders and
Human Rights Defenders .
The government is using the Anti-Terrorism
Act (ATA) against secular, progressive, nationalist political workers, civil
society activists and human rights
defenders who are struggling for their basic and fundamental human rights.
Recently Anti Terrorism Court (ATC) in Gilgit Baltistan awarded 40 years in prison to human rights defenders and peaceful
political activists Baba Jan, Iftikhar Hussain and their colleagues.
Established Military Courts In Country
And In So Called Kashmir And Gilgit Baltistan.
Establishing military courts in disputed
territory of Former Princely state of Jammu and Kashmir is a clear violation of
International Laws. Allowing civilians to be tried by military tribunals is a
serious blow to human rights and rule of law in the country. Militarizing the
judicial process will not lead to justice and it will not control terrorism.
This is the lesson from around the world. It has not proven to work in Pakistan
in the past, and there is nothing to indicate that it will do so now.The trial
of civilians in military courts is incompatible with international standards,
including article 14 of the (ICCPR)international Covenant on Civil and
Political Rights, which requires Pakistan to ensure that those accused of any
offence – no matter how heinous – are guaranteed a fair trial by an
independent, impartial and competent tribunal. Military courts in Pakistan are
neither independent nor do the proceedings meet internationally agreed
standards of fairness.
Of Natural Resources.
is involved in plundering of natural resources of the region without the
consultation of local population. Islamabad is constructing mega dams as part
of a proposed China-Pakistan Economic Corridor project which runs across our
region before it enters Pakistan. Mega projects in a disputed territory of
Kashmir are a clear violation of international laws and UNCIP resolutions on
Kashmir. Kashmiri are denied of ownership and benefits of their own natural
Disappearance In So Called Azad Kashmir.
There are reports published on BBC
Urdu that dozens of people are missing
after their arrest by the intelligence agencies, operating in Pakistani held
Kashmir, the Azad Kashmir particularly in Kotli District. It is reported that
the people were arrested when they left the Jihad (holy war) in Kashmir or
stopped providing information to the intelligence agencies about the movements
of people across the borders of the Pakistan. The majority of the disappeared
persons were residing along the control line, a border line between India and
Pakistan, dividing disputed Kashmir.
Disappearances and Extra Judicial
Extrajudicial killings are a symptom of a
dysfunctional judicial and criminal justice system that has failed to deliver
justice. When the criminal justice system collapses it gives rise to arbitrary
actions by the State, which uses unlawful killings of opponents as a tool to
curb crime and manage law and order. Enforced disappearances have also become a
common occurrence in Pakistan, as a consequence of absence of rule of law. In
Balochistan alone, credible sources have claimed that more than 14,000 people
are still missing, while the Balochistan provincial government officially
recognizes less than 100. To date, the Commission of Inquiry on Enforced
Disappearances still has more than 500 cases unresolved of persons from
Balochistan. Enforced disappearance and extra judicial killings are also common
in Sindh; Pakistani held Kashmir and other parts of Pakistan and law
enforcement forces are acting with impunity.
19. Misuse of Blasphemy Laws.
Pakistan's blasphemy law "is
overwhelmingly being used to persecute religious minorities like Christians and
Hindus to settle personal vendettas. People accused of blasphemy have been
murdered before their respective trials were over, and prominent figures who
opposed the blasphemy law have been assassinated.
20. The United Kashmir People’s National Party
(UKPNP), therefore, appeals to the UN High Commissioner for Human Rights to
organize a UN fact-finding delegation to visit Pakistan Administered Kashmir
and Gilgit Baltistan and bring on record the extreme repression of the people
by the Pakistan.