Building the international case on Kashmir artical370 ?

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the United Nations (UN) resolutions on J&K contain any reference to Article 370 or J&K’s autonomy. Article 370 has not insured India against Pakistani-sponsored terrorism or military aggression in 1965, 1971 or 1999. Imran Khan’s argument that nullifying Article 370 is a provocative new step that will invite violence is, therefore, entirely spurious.

Pakistan distorts the two references to the UN Charter in the Simla Agreement to justify a UN role. These relate to maintaining durable peace and refraining from threat or use of force against each other’s territorial integrity. Both have been egregiously violated by Pakistan through physical aggression (Kargil) and jihadi terrorism (Pathankot, Uri, Pulwama, Nagrota, Mumbai, among other attacks). The Simla Agreement does not say that Kashmir has to be resolved according to the UN Charter. That a hostile China purveys this falsehood is understandable, but for the UN Secretary General to do so discredits him.

The Simla Agreement excludes the defunct non-binding 1948/49 UN Security Council resolutions on Kashmir . For these resolutions to be applicable today will require the status quo ante in the erstwhile J&K state to be restored, with Pakistan withdrawing fully from Pakistan-occupied Kashmir (PoK), undoing demographic changes, and eliminating terrorist presence there. China will have to transfer back the Shaksgam Valley, remove fully its civilian and military presence in PoK, and freeze the China-Pakistan Economic Corridor (CPEC). We could outline this officially to counter calls for “self-determination in Kashmir in accordance with the UN resolutions”.

India’s move to make Ladakh a Union Territory does not affect Aksai Chin and the Line of Actual Control (LAC). Our official maps that show Aksai Chin as part of India will continue to do so. India is not repudiating the LAC; the differing perceptions about it will continue to be handled as per agreed border protocols. China is insidiously questioning India’s sovereignty over the whole of Ladakh by asserting that J&K is internationally disputed territory, a position that implicitly puts into question its own sovereignty claims over Aksai Chin. If these claims are unquestionable, why did it offer at one time to accept the McMahon Line if India ceded Aksai Chin, and later proposed ceding territory in Ladakh in exchange for India ceding territory in the east? China accuses India of unilateral action in J&K but ignores its own unilateral occupation of Aksai China, unilateral claims over large parts of Arunachal Pradesh, and unilateral announcement of the CPEC through territory legally belonging to India.

Pakistan intends to raise the J&K issue at the Human Rights Council. We can use this occasion to expose its scandalous violation of the human rights of Baluchis, Ahmadis, Shias, Christians, and minorities in general, terrorised by its blasphemy laws and subjected to forced conversions.



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