Ghulam Nabi Fai
\nWashington
\nOn December 10, 2023, the 75th anniversary of the Universal Declaration of Human Rights is being celebrated. December 10 commemorates the day in 1948 when the General Assembly of the United Nations adopted the Universal Declaration of Human Rights. Mr. Antonio Guterres, the Secretary General of the United Nations said that \u201cHuman rights are the foundation for human dignity, and the cornerstone of peaceful, inclusive, fair, equal and prosperous societies…They are a unifying force and a rallying cry. They reflect the most fundamental thing we share \u2013 our common humanity.\u201d
\nDr. Volker T\u00fcrk, the UN High Commissioner for Human Rights said, \u201cOn this Human Rights Day, we reaffirm the universality and indivisibility of all rights, as we stand up for human rights for all.\u201d
\nHe added, \u201cHuman rights is a force to reckon with, not because it serves the interests of the powerful, but because it has captured the imagination of the powerless…And so I will endeavour to promote advances in all human rights, without distinction, in every region, and across all UN activities.\u201d
\nBesides, Universal Declaration of Human Rights, the world body has adopted \u2018Geneva Convention\u2019 its \u2018Additional Protocols\u2019, (1949) and International Criminal Court (ICC) (1998) for a single purpose: to defend protect, and safeguard the human rights of all.
\nThe basic human rights provisions of the Geneva Conventions including the ones protected under Common Article 3 of the conventions are non derogable in the sense that they must be respected even in times of international and non-international conflicts, international disturbances, and foreign occupations.
\nThe preamble of the ICC states that ICC is \u201cmindful that during this century millions of children, women, and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity\u201d and \u201crecognizing that such crimes threaten the peace, security and well-being of the world.\u201d
\nIt is tragic that civilized nations have fallen from their lofty calling: namely, human rights for all mankind. There is a sad commentary on the state of human rights all over the globe. It is the job of all human rights defenders to jump-start that moral evolution.
\nGeorge Bernard Shaw, world renown political philosopher was prophetic when he said in 1940\u2019s that \u201cOnly on paper has humanity yet achieved glory, beauty, truth, knowledge, virtue, and abiding love.\u201d
\nThe presence of the \u2018Universal Declaration of Human Rights\u2019 ICC and other human rights instruments offer no consolation for the people of Kashmir because its framers have not lived up to its spirit, at least applying it selectively to suit the objectives of certain powers.
\nThe people of Kashmir are simply perplexed as to how to interpret such joi de vivre. Over seventy-five years have lapsed since the adoption of this Declaration, but the people of Kashmir have not seen an iota of change in the human rights situation in Kashmir. For worse may be but never for the better.
\nThe latest phenomenon of settler colonial project has brought Kashmir to the brink of genocide, as articulated by Dr. Gregory Stanton, Chairman, Genocide Watch before the United States Congress on January 12, 2022.
\nSuch international treaties are meaningless for the people of Kashmir, or Palestine or for any other people who do not see their application, or even a negative mention to those who ride rough shod over them with total impunity while enjoying the good graces of some of the members of the world community to aspire to a high moral station above others.
\nAccording to the definition of ICC, tens of thousands of Indian soldiers and scores of India officials are guilty of crimes against humanity in Kashmir.
\nThe crimes committed by 900,000 Indian military and paramilitary forces in Kashmir are a daily feature of Kashmiri life. According to Arundhati Roy, India\u2019s legendary novelist, the 900,000 Indian soldiers have made Kashmir the largest militarized zone in the world.
\nIndian army has organized and employed violence against civilians to create deep fear among the general population to advance the political and religious agenda of a Hindutva ideology.
\nDoes anyone seriously believe that Under ICC Statue, a single Indian soldier or an official would ever be prosecuted before the ICC? Of course NOT. India has sneered at international law for decades and the international community has just yawned.
\nToo often, the international community closes its eyes to the brutal reality of Kashmir because of India\u2019s hegemony in South Asia and its potentially attractive consumer market.
\nAs a consequence, the moral suasion that could jolt India into recognizing its international law obligation to accede to self-determination in Kashmir is blunted.
\nThe world body and saner elements in American policy agencies should take a leaf out of the warning of Arundhati Roy, \u201cKashmir is the real theatre of unspeakable violence and moral corrosion that can spin us into violence and nuclear war at any moment.
\nTo prevent that from happening, the conflict in Kashmir has to be addressed and resolved.\u201d Huff Post, Mar 1, 2019
\nWe call upon the United Nations to use its influence in putting an end of human rights violations especially when the 75th anniversary of the Universal Declaration of Human Rights is being celebrated with great pomp.
\nThe UN needs to do more than celebrate anniversaries if it is concerned about ensuring peace, stability and security in South Asia.<\/p>\n","protected":false},"excerpt":{"rendered":"
Ghulam Nabi Fai Washington On December 10, 2023, the 75th anniversary of the Universal Declaration of Human Rights is being celebrated. December 10 commemorates the day in 1948 when the General Assembly of the United Nations adopted the Universal Declaration of Human Rights. Mr. Antonio Guterres, the Secretary General of the United Nations said that […]<\/p>\n","protected":false},"author":2,"featured_media":373478,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"class_list":{"0":"post-373454","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-world"},"yoast_head":"\n