IN its final communiqué at the Makkah Summit, the Organisation of Islamic Countries reiterated its support for the “legitimate rights of the people of Jammu and Kashmir” and even appointed a special envoy to investigate human rights violations in the disputed state. India, keen to become a full OIC member, was so irked that it retorted that ‘the grouping has ‘no locus standi’. Earlier India’s foreign minister had attended the OIC’s Council of Foreign Ministers session as the ‘Guest of Honour’ in March 2019. To India’s chagrin, even that session passed a resolution to condemn “atrocities and human rights violations” in occupied Kashmir.
India says that Kashmiris’ participation in elections under Indian bayonets is a proof of ‘Kashmir being an integral part of India’. The recent elections expose India’s claim. The voter participation was as low as two percent in Anantnag/Islamabad and some other valley areas. Even 63 per cent voting in Hindu-dominated Ladakh could not raise overall average above 13 per cent (compared to 67 per cent in other Indian states).
In fact India’s atoot ang mantra (integral-part iteration) has no locus standi. Aware of India’s intention to get the ‘Instrument of Accession’ rubber-stamped by the IHK’s assembly, the Security Council passed two resolutions to forestall the ‘foreseeable accession’. Security Council’s Resolution No 9 of March 30, 1951 and confirmatory Resolution No 122 of March 24, 1957 outlawing accession or any other action to change status of the Jammu and Kashmir state.
Even the ‘accession instrument’ is a myth, unregistered with the UN. Alastair Lamb, in his book Incomplete Partition (Chapter VI: The accession Crisis, pp. 149-151) points out that India marched its troops into Kashmir without the maharajah’s permission — an act of aggression. Lamb says “timing of the alleged Instrument of Accession undoubtedly affected its legitimacy” (p.172, ibid). He adds “Indian intervention… was either done under Indian duress or to regularise an Indian fait accompli”.
Any state flouting international resolutions is a rogue state, clasula sunt servanda. India qualifies as such.
Andaleeb Mohammed Akbar
Published in Dawn, June 17th, 2019