UN Resolutions and Professor's take

In response to Prof. Abdul Ghani Bhat's recent statement HAMEEDAH NAYEEM Abdul Gani Bhats opinion could have been only laughed at had it not concerned the existential right of the people of Kashmir as a nation. Since he has been one of the architects of Hurriyat constitution which provides for both Kashmir resolution through the implementation of UN Resolutions as also through tripartite talks for a negotiated settlement, his suggestion for an alternative course could only be construed as a call for abject surrender! Let me first of all examine his redundancy discourse on Un Resolution s. Right to self determination is provided for in the universal declaration of human rights as a very basic right for nationhood. A glance at the world history reveals that repressed peoples of the world acquire this right after prolonged struggles when the world community or countries or modern day UN body eventually recognise their right to choose their political future. Thanks to Pt Nehru, who made our task easier by taking Kashmir issue to the UN when India and Pakistan clashed in Kashmir to stake their claim over the territory. After hearing both the sides, Security Council brought the two parties to agree to settle the issue by a reference to the people of the disputed territory. Aug 13, 1948 Resolution provides for a phased withdrawal of troops first by Pakistan followed by India to create favourable conditions for the exercise of peoples will and 1949 resolution refers back to the earlier Resolution and then provides for a mechanism of how to go about the Plebiscite. What is significant for the current debate is not the arrogance and obduracy of Indian ossified stand against the exercise of our right to choose our political future and therefore Bhats call to Kashmiris to capitulate to India which is what he tacitly implies , not even that these are not passed under section V11 which is a mandatory clause of security council but passed under recommendatory clause. The important point is that the two countries have been made to commit, to agree to a settlement of Kashmir based on the recognition of

the right of the people to determine their political status or identity.. By implication, this recognition is not only of the two countries which has been reiterated umpteen times by Nehru as Prime minister and architect of modern India and Pakistan keeps on reiterating them until now but a recognition and acknowledgement of the world body of our right to determine our political existence. Just as the independent sovereign character of a country needs to be recognised by world community, only then It can be allowed to exist as a country. In the same way, the primary right of the oppressed or beleaguered or colonised people has to be recognised by the international community to have the universal validity. These Resolutions, therefore, form the bedrock, the fulcrum of the movement, the solidity of specification, the testimony of international recognition, the symbol of the legitimacy of our demand to determine our political existence. It was in recognition of this fact that Pt Nehru got Article 370 inserted In the Indian Constitution in spite of tremendous pressure from his party and constituent assembly against it as a temporary provision till the settlement of the issue. This recognition is also given by Lord Mountbatten in the otherwise fraudulent instrument of accession that in case of any dispute over the stated accession, the matter should be referred to the people of Kashmir. Reading all these documents together, we have a strong recognised basis for our demand for the exercise of our right to self determination. If India has not so far given up her fossilized fictional stand and keeps on harping on the integral mantra, that does not mean we have to capitulate to the colonial masters to embolden them in their illegitimate control over us. We remain alive individually as well as collectively as long as we continue to resist the repressive, unjust illegitimate and forcible control by the other, such resistance as is also sanctified by UN Resolutions. If we take away the UN resolutions and call them redundant, the basis of our demand will be considerably weakened. we will be like any other Indian state who have no basis for demanding this right as they have already decided to join the Indian union .We may plead that predetermined determination( a choice between india and Pakistan) is not suitable or feasible or acceptable at present and demand to determine our political self in other possible ways, or other parties may ask for some compulsive concessions, that can be done only when the parties to the dispute come to the table with seriousness and sincerity determined to settle the issue. You can not burn your boats before you are asked to negotiate! Your group has already held parleys with Indian govt with this defeatist mindset, and the

results are there for everyone to see. You can only exude and diffuse despair and confusion among people by your guffs to please and serve the galleries elsewhere. Or that might be the task assigned to your coterie. Surely you were not a naive lad at the time of entering the Hurriyat platform and failed to understand the full import of the Hurriyet constitution and now your wisdom compass has come full circle to realise the irrelevance of UNR. If you ridicule those who insist on freedom from India you have no right to be in the hurriyet(freedom) platform. If you are sincere in your belated perception and a mouth piece of your chairman , , you must both quit immediately and openly declare your identity to align with the other camp. If you think now that India is a powerful country and we are not equal to the task of wresting it from her, you must have realised it in 90s when you arose up in arms against India when she was stronger and more powerful than now. Today Indian state is much weakened from both within and without. Its economy is in doldrums, there are 200 insurgencies according to Chidambaram in the country which pose greater challenge to the state, the volatile situation in Af-Pak over which hawks may rejoice but which does not amuse the wise, far- sighted and ethically oriented Indians as it does not augur well for their country. You and your colleagues prey on the movement and still continue to live off it! A leader is known by the inspiration and courage he/she instils in their people in desperate times. You started as a merchant of dreams instilling hope but you are drawing to a close as a merchant of nightmares, despair and cynicism. The entire platform has now for years been turned into an apology of freedom. You have no right to continue in a platform which is supposed to symbolise the vibrant aspirations and sentiments of the repressed people. If UN Resolutions are redundant then that is a pronouncement on your own redundancy and the platform you belong to. By your covert actions and overt statements you have mocked the sentiments and aspirations of people. You have perverted the principles of the hurriyat platform into the rules of submission before the authority of the anti freedom coterie. Now you have put up your sons as inheritors of your legacy in the Hurriyat camp.What a travesty of freedom movement which belongs to those who have rendered sacrifices and undergone hardships to keep the flame alive.You have taken every step to shut out real resistance forces from the camp to make it personal property of few who are hell-bent on sabotaging the movement. But now people have

awoken. You can no longer take them for a ride and they will demand accountability from you. Let me tell you in the end that the passionate desire for freedom from India has taken an archetypal shape in the minds of Kashmiris and cannot be killed or wiped out by whatsoever weapon you may choose to kill it with, including your redundant discourse. History throws up opportunities sometimes that are not even dreamt of in your philosophy. 2008 was such an opportunity when we were very close to it, which was squandered and sabotaged by your coterie and volumes can be written on how you did it . We may not get liberation from domination tomorrow yet the very fact of our continuing to resist forcible occupation, resultant repression, intimidation and manipulation keeps us spiritually alive as a collectivity. hameedah.nayeem@gmail.com