Dr. Waleed Rasool.
Advocacy with labor of love for human rights in the era of power politics, knuckling under democracy and human rights carries numerous sensitivities because Indian hegemony is a dark horse. However, human rights advocacy will keep holding its position of lone potent peacemaking actor including in Kashmir where talks have been circling for seven decades.
It is obvious that the human rights advocates equipped with ammunition of reason in legal setting have potential to bring light in open, where it can be seen and dealt with, therefore, the hegemon states like India, which intend to pig in poke by design take refuge behind immoral legislation, it is why, that human rights advocates are always first causality during conflict like in Indian occupied state of Jammu and Kashmir where occupational forces have license to kill as per AFSPA which entirely shrinks the scope of humanitarian lawyers to contribute for peacemaking while batting down the hatch’s.
“humanitarian legal aid is starved of by occupational forces, military machinery of state and her covert apparatus. It is why they seize such sort of activity and cap the freedom”
Human rights are the minimum fundamental requirements to survive. When these rights are culled of by state, the humanity profusely bleeds. It always bags the question that humans without rights are susceptible to give birth to violent resistance because it is only advocacy of human rights which offers space for peace and mitigates distrust. When human rights advocacy is denied, it breeds mistrust and enhances trust deficit. Humanitarian legal aid is starved of by occupational forces, military machinery of state and her covert apparatus. It is why they seize such sort of activity and cap the freedom to Information and advocacy.
Kashmiris are humans without rights though a longest pending Issue on global radar having legitimacy as per UNSC resolutions hence demanding birth right i.e. right to self determination is their legal and moral right but Indian state out rightly halts this birth right since 1947 till date, which had brought masse uprising of the state of Jammu and Kashmir against Indian occupation while as humanity is at the verge of collapse because Indian first and foremost priority remained to conceal the facts of the ground, therefore, she not only caped the entry of global human rights organization but crossed all red lines while killing of local Human right lawyers like Harday Nath Wanchu, Jaleel Andrabi and getting pie in the sky while as Adv, Perveiz Emroz, Khurma Perveiz and others were arrested and tortured.
“freedom of life is entirely missing in Kashmir where hundreds of thousands are killed for demand of right to self determination”
Human rights advocacy has strong correlation with peace building because peace can neither be consolidated in absence of human rights nor human rights can be maintained without peace therefore,the duo are minimum fundamental requirements of survival. To advocate the human rights carries the risk of life during conflict when humanitarian lawyers have no international legal protection though advocates of the human rights are struggling for the maintenance of the peace but when state intends to kill the voices, it dilutes the peace constituency and peacemaking chance squeezes.
Human rights Advocacy in Indian occupied state of Jammu and Kashmir is under surveillance of military might, therefore, this potent route to peacemaking is also under severe stress because if human rights advocates cannot protect themselves from the wrath of the state, how can peace be given the fair chance.
Though Human rights advocacy have protection under Geneva Conventions, Humanitarian and Human rights protocols and as per local laws of any and every peaceful nation , India had never bothered about these in Kashmir.
To safeguard the basic Human rights is foundation of any and every civilized nation of the globe particularly USA and Europe. The foundations of the Constitution of USA lies upon the fundamental Human rights called the bill of Human rights written in 1787 which is land mark document of western world. It protects freedom of speech, freedom of religion and freedom to petition.
If any and every human rights class of United Nations is taken in light and sprit then none among those laws is implemented in Kashmir. Class 7.1 freedom of life is entirely missing in Kashmir where hundreds of thousands are killed for demand of right to self determination. The article 7:2 freedom from torture is more rampant in Kashmir.The torture cells are reminding the era of Hitler, Mussolini, Changaiz Khan and Hilako Khan. Article 7:4 freedom to fair trial had relationship with the human rights advocacy, which is not even available to Human rights lawyers themselves.
It is not surprising that though the rights are guaranteed as per Indian constitution article 32 which have origins from England Bill of rights though England is exercising these rights in light and spirit and has allowed Scotland to exercise their right to self determination and provided them twice the chance of vote which depicts the morality of England and their commitment with Human rights however. India keeps violating her own constitution when human rights advocacy is ceased in Kashmir and peace is misinterpreted for global consumption.
The human rights advocacy have guarantees as per United Nations Charter article 7 and non government organizations may engage in International Human rights advocacy as well as through regional system but Indian track record can be monitored since 1990, she created obstacles to give entry to impartial human rights advocacy in Kashmir. Special powers given to Indian occupational forces under AFSPA is entirely ultra virus to standards of the International Human rights which was reported by United Nations commission of Human Rights Navenethem Pillay and also the International Convent of Civil and Political rights.
India will keep marching at different drummer because power is on her side therefore; the other side of the saga will remain under dark clouds of state until peace loving international community devises the mechanism for protection of humanitarian advocacies in Kashmir.
The writer hails from Srinagar.
MSc, Mphil(MC), PhD (IR) Scholar
Accredited Journalist/Freelance Columnist, and can be reached at firstname.lastname@example.org