Self-determination, at its most basic, the principle of self-determination can be defined as a community’s right to choose its political destiny. This can include choices regarding the exercise of sovereignty and independent. The fundamental concept of self-determination – the right to choose – has its roots in the American and French revolutions in the eighteenth century with their emphasis on justice, liberty and freedom from authoritarian rule. It found its most prominent expressions following World Wars I and II.
In 1941 Allies of World War II declared the Atlantic Charter and accepted the principle of self-determination. In January 1942 twenty-six states signed the Declaration by United Nations, which accepted those principles. The ratification of the United Nations Charter in 1945 at the end of World War II placed the right of self-determination into the framework of international law and diplomacy.
Chapter 1, Article 1, part 2 states that purpose of the UN Charter is: “To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace.”
Article 1 in both the International Covenant on Civil and Political Rights (ICCPR)and the International Covenant on Economic, Social and Cultural Rights (ICESCR) say that “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
In 1947, Pakistan and India gained independence from the British Empire. The empire was in decline but adapted to these circumstances by creating the British Commonwealth-since 1949 the Commonwealth of Nations-which is a free association of equal states.
Kashmiri people on both sides of the Line of Control (LoC) observed the Right to Self-Determination Day on January5, 2020 to remind the international community of the UN Security Council resolutions on Jammu Kashmir adopted on January 5, 1949, acknowledging the right to self-determination.
The Indian occupied Kashmiri people observe this day to draw the world’s attention towards the long standing issue besides sensitising the global community about early resolution of the lingering conflict.
The people on both sides of the divided Kashmiri state held seminars, public rallies and processions to highlight the importance of the day. It is the day when they ask all the civilized nations of the world, to understand their cause,the pain that they have suffered for it, and the struggle that they are not willing to give up.
Human rights abuses in the Indian state occupied Jammu and Kashmir state are an ongoing issue.
The abuses range from mass killings, enforced disappearances, torture, rape and sexual abuse to political repression and suppression of freedom of speech. Indian Army also the violation of Line of Control.
Human Rights Watch stated that Indian security forces “assaulted civilians during search operations, tortured and summarily executed detainees in custody and murdered civilians in reprisal attacks.
2010 US state department report stated that the Indian army in occupied Jammu and Kashmir had carried out extrajudicial killings of civilians and suspected insurgents.
Thousands of Kashmiris have been reported to be killed by Indian security forces in custody, extrajudicial executions and enforced disappearances and these human right violations.
Civilians including women and children have been killed in “reprisal” attacks by Indian security forces. International NGOs as well as the US State Department have documented human rights abuses including disappearances, torture and arbitrary executions carried out during India’s fake counter-terrorism operations. United Nations has expressed serious concerns over large number of killings by Indian security forces.
Amnesty International said that huge number of deaths in custody. Hundreds of civilians including women and children have reportedly been extrajudicially executed by Indian security forces and the killings are concealed as fake encounters.
Indian security forces have been implicated in many reports for enforced disappearances of thousands of Kashmiris whereas the security forces deny having their information and/or custody.
Repealing Article 370 of the Constitution, people from the rest of India will now have the right to acquire property in occupied Kashmir and settle there permanently after that thousands of protesters took out a rally in London to express solidarity with the people of Indian-occupied Kashmir, as a crippling lockdown. Communications blackout, to ask for immediate lifting of the lockdown,” stated Amnesty International. A bipartisan resolution moved in the US Congress urged India to end the restrictions on communications and mass detentions in occupied Kashmir as swiftly as possible and preserve religious freedom for all residents. Almost five months after the security and communications lockdown.
Many years ago it has already been declared by the United Nations that Kashmiris also have the right to self- determination. India over disposition of Kashmir, self- determination right is yet not given to people of Kashmir.
In many wars fight on Kashmir,Pakistan always remained positive and want talk. Pakistan returned a pilot of a downed aircraft back to India reducing immediate tensions in the region.
The issue can’t be resolved without international commitment because rights of people of occupied Kashmir can’t be ignored. It is the only way to have peace. There is an immense need to restore the rights of people of occupied Kashmir because by the help of that only peace can be restored in the region. It is immensely needed to restore the self-determination rights of the people of occupied Kashmir.
The global community and its institutions must not shirk from their collective responsibility to ensure that the unresolved Kashmir dispute is finally settled according to freely exercised wishes of the Kashmiri peoples. Kashmiri people love Pakistan as Geelani said.”We are Pakistanis”.