Geneva Convetnion on Kashmir

Geneva Convention on Kashmir

The News - Tuesday, October 02, 2007

Unless human rights are respected, public spaces and ecologically sensitive zones are demilitarised and people's dignity is restored through a democratic process of self-governance, peace in Kashmir will remain to be an illusive dream and the sword of nuclear conflict will keep hanging over the heads of the South Asians. This was the strong reminder of the Geneva Convention on Kashmir which was held last week.A large number of jurists, lawyers, academics, experts from think tanks, politicians from both the sides of the Line of Control and peace and human rights activists from all over the world, including this writer, turned up at the United Nations building in Geneva, Switzerland, on September 24-25 to review human rights situation in Jammu and Kashmir, analyse the ongoing peace process between the two neighbours and discuss the relevance of the nuclear factor with regard to the unresolved dispute.Organised by the International Human Rights Association of American Minorities (IHRAAM) and the International Council for Human Rights (ICHR), Kashmir Centre EU, the event was held concurrent with the 6th session of the UN Council for Human Rights. The venue of the event was the historic Pailas des Nations where treaties and protocols governing the standards for international law related to human rights evolved from 1864 to 1949, which have since been ratified by 194 countries, including India and Pakistan.However, so intense is the ongoing political conflict and polarisation in the country that even Kashmir is struggling to find a place on the political radar screen. Not only this historic convention and its well meaning recommendations received little mention in the media but also the Indian military's unilateral action to open Siachen glacier for tourism, which in prevailing circumstances amounts to hampering the peace process, went almost unnoticed among ruling and opposition parties' leaders who are preoccupied with their power game.The delegation from Srinagar included Bilal A Lone, chairman of the Jammu and Kashmir People's Conference, Farooq Siddiqi, chairman of the Jammu and Kashmir Liberation Front (JKLF) and Advocate Nazir Ahmed Ronga, president of the Jammu and Kashmir High Court Bar Association. Ronga pleaded for the repeal of the special army powers granted under the so-called anti-terror laws causing sever violation of human rights. Impunity enjoyed by armed forces personnel and disappearance and extrajudicial execution of suspects in fake encounters continue to play havoc with the lives of the ordinary peole in the valley. Other noted speakers like Prof Maurizo Martellini, ambassador Masood Khan, Barrister Majid Tramboo, Per Gahrton, Frank Scwalba Hoth, Plamen Tonchev, Mariana Babar, Anne Speckhard, Holgar Haibach, Dr Heinrich Bortis, Sheikh Tajamul Hussain, Prof Nazir Shawl and Marjan Lucas analysed various aspects of the peace process and presented useful recommendations.Almost all delegates, particularly those from Europe and North America, were unanimous in supporting President Pervez Musharraf's four-point formula wherein he has proposed the softening of borders, gradual demilitarisation, autonomy and self-governance for various regions and a joint management mechanism in the Kashmir valley and Azad Jammu and Kashmir. They thought that President Musharraf had the political stature and internal command to change the status quo, but India failed to react to these ideas in time. It will now have to wait for the political climate in Pakistan to settle and/or for the time till President Musharraf could strengthen his position following the forthcoming elections.Meanwhile, they argued that India should get serious to address human rights violations in the state in order to foster an enabling environment for a constructive and result-oriented political dialogue. Many delegates were of the opinion that like peace processes in other conflict-prone regions there is a need to involve the armed groups in the dialogue process so that they could own future political decisions. The convention concluded with the adoption of the "Geneva Convention on Kashmir -- Working Paper". The salient points endorsed by the delegates from around the world were:1. It is firmly believed that effective demilitarisation will bring an increased sense of security, cessation of all violence and flexibility and tolerance. In addition, it is vital for the protection of environmental assets of global significance, e.g. glaciers, water bodies and forests.2. It is strongly recommended that international organisations/bodies, such as the European Union and the United Nations, appeal to Kashmiri militant groups that they declare a ceasefire. The Geneva Convention on Kashmir urges resistance groups and all those in a position to do so to establish the circumstances which would create an environment conducive to stop violence and human rights abuses. For the peace process to succeed, an atmosphere is needed that is free of intimidation and terrorism.3. The effective remedies should be made available to protect and promote human rights in Jammu and Kashmir in accordance with the Geneva Convention.These remedies and reparations include things such as restitution, rehabilitation and compensation (this relates to compensating a victim for any pecuniary and non-pecuniary assessable damage resulting from a violation, including physical or mental harm, emotional distress, lost educational opportunities, lost marital opportunities, loss of earnings, legal and/or medical costs).The Geneva Convention on Kashmir strongly urges free access to respected independent NGOs and agencies to monitor human rights and to provide counselling for those who have been traumatised by the acts of violence and/or terrorism.4. The convention also called for the provision of enhanced and improved communication and free movement between different parts of the former state of Jammu and Kashmir.5. The Geneva Convention on Kashmir suggests to form a think tank -- "Kashmir European Strategic Group (KESG)", which may from time to time engage in providing fresh ideas and input for the two governments and the Kashmiri leadership to strike a balance in order to solve the Kashmir conflict which can lead to sustainable peace and encourage prosperity in the region. The KESG intends to encourage the two governments to remain on the path of dialogue and negotiations.The writer is a development analyst from Skardu, Northern Areas, based in Islamabad.