[Intervention made by Mr Abbas Butt at the UN Commission on Human Rights, 59th Session held in Geneva between 17th March and 25th April. Agenda Item 11: CIVIL AND POLITICAL RIGHTS ·World Peace Council’s Accredited Representative · ·Deputy Director Institute of Kashmir Affairs ·Chairman British Muslim Educational Trust ·Vice Chairman Watford Peace Centre]

The Chair,

Permeable of Universal Declaration of Human Rights, reads: 'Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.' Further more, Article 1 of the Universal Declaration of Human Rights declares: 'All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood'. Now if we analyze the situation in Jammu and Kashmir we note with regret that no one is free, and we certainly are not treated with equality and dignity. What we find is a constant denial of basic human rights, oppression and suppression.

On the Indian side of Line of Control we find presence of huge army, oppression and denial of basic human rights, which is documented by various human rights organisations. So it wouldn’t be prudent to take precious time of the Commission to highlight this point in detail. Also we note that human rights situation on this side of Kashmir has been discussed and debated in various parts of the world, and every aspect of abuse has come under scrutiny. We believe Kashmir is one political entity and should be treated as such; and human rights abuse on both sides of the divide should be monitored and documented in order to bring this practice to immediate end. However I would like to focus my attention to the human rights violations going on in the area controlled by Pakistan; and it is regrettable that human rights organizations pay little or no attention to the plight of the people on this side of Line of Control. Result of this negligence is that not many people know what exactly goes on in these areas; and there is no data compiled to highlight issues related to basic human rights.

] It is unfortunate that people have to resort to violence in order to get attention of the world community; and the fact that people on this side of the Line of Control have not yet resorted to violence it must not be construed that they are happy with the status quo or people are not denied of their basic human rights. People talk of human rights violations on the Indian side of the divide, and criticize the election process as being forced and manipulated. Whereas I believe that election is not substitute for any referendum, and that election, fair or unfair, is not solution to the Kashmir dispute; but at least people of those areas know what election is and what is political process. It must be noted that people of Gilgit and Baltistan DONOT have luxury of elections or any political process. People of this area, more than 28,000 Square miles, DONOT know what a ballot box is. Politics is a taboo word there; and no political parties are allowed to project their point of view.

Pakistani authorities, who controlled these areas, feel that people of Gilgit and Baltistan don’t need elections or any newspapers. In this large area there was only one weekly newspaper called ‘K2’, and in the view of the authorities it was causing ‘mischief’ as it was educating people and telling them about their rights, so they closed it down. The owner of the paper and journalists protested against it, and they were put behind the bars. One journalist puts the situation like this, and I quote: ‘A weekly newspaper, K-2, with a large circulation in Gilgit and Baltistan, gave good coverage to the protest with banner headlines and consequently was closed down by the authorities on October 17. Its owner and editor Raja Hussain Khan Maqpoon, 24, is now fighting a legal battle for the paper's restoration’. Unquote. Mr Chairman Right of expression is a fundamental human right, and people of these areas are denied to hold and express their opinions. And we see below what happens to this important right.

A journalist M. Ilyas Khan wrote on the situation, and I quote: ’The K-2's popularity and its policy did not go down well with the authorities in Islamabad which administer the Northern Areas. RAJA HUSSAIN KHAN MAQPOON, (editor of K2), complained of being harassed and the administration initiated several cases against him. He also alleged that innumerable hurdles -- like theft of the newspaper copies from the post office and delay in its distribution -- were created during the four years of the newspaper's life. Still he kept publishing the newspaper, prompting authorities to register a case against him under sections 500 and 501 of Pakistan Penal Code. Though, Maqpoon said, he could not attend proceedings in the case and sent a telegram instead to inform the court about being unavailable, the Gilgit Police arrested him from Rawalpindi in the wee hours of the morning on May 17, 1996. "I was handcuffed, tied with ropes and tortured. After four days, I was produced before a magistrate who refused to release me on bail, though I was later freed unconditionally due to pressure from press and pressmen," Maqpoon said’. Unquote.

Another journalist Habib R. Sulemani wrote in English daily of Pakistan, DAWN, on Dec 27, 2003, and I quote: ‘The people are deprived of their basic human rights. Being a nationalist in this region is to lay yourself open to the charge of being a foreign agent….Those who take the issues of basic facilities, such as electricity, drinking water, elementary health care and education etc are named as troublemakers’. Unquote. Mr Chairman Situation in Azad Kashmir is not satisfactory either. Pakistan wants the State of Jammu and Kashmir to become part of Pakistan, and in pursuant with this policy they have virtually annexed areas of Gilgit and Baltistan. They also have complete control of area of Azad Kashmir, and they even control thinking and political activities of the people of this area. The Azad Jammu and Kashmir Interim Constitution Act of 1974, Article 4(7)(2) states, and I quote:

‘No person or party in Azad Jammu and Kashmir shall be permitted to propagate against, or take part in activities prejudicial or detrimental to, the ideology of the States accession to Pakistan’. Unquote People who do not agree with the above suffer in different ways, and that includes employment, business, government contracts and promotions. In order to contest elections people have to declare their loyalty to Pakistan, and those who refuse to do this find their papers rejected. In 42-seat Legislative Assembly the candidacy of 36 nationalist candidates, who favoured independence of Jammu and Kashmir, were rejected in 1996. Apart from the protection under Universal Declaration of Human Rights, people of Gilgit-Baltistan and Azad Kashmir have protection of basic rights under the UNCIP resolutions. I would like to quote relevant articles of UNCIP resolution of 5th January 1949, section 7 reads and I quote

‘(a) There is no threat, coercion or intimidation, bribery or other undue influence on the voters in the plebiscite;

‘(b) No restrictions are placed on legitimate political activity throughout the State. All subjects of the State, regardless of creed, caste or party, shall be safe and free in expressing their views and in voting on the question of the accession of the State to India or Pakistan. There shall be freedom of press, speech and assembly and freedom of travel in the State, including freedom of lawful entry and exit;

‘(c) All political prisoners are released;

‘(d) Minorities in all parts of the State are accorded protection;

‘(e) There is no victimization.’

Mr Chairman, despite these assurances, there is no protection to the people of Jammu and Kashmir. The people of Jammu and Kashmir, no matter on which side of the Line of Control they are living, in one way or the other, are suffering, and that suffering has to end.

I thank you Mr Chairman

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