During the apartheid years, people did many evil things. Some of these are the gross violations of human rights with which this Commission had to deal. But it can never be forgotten that the system itself was evil, inhumane and degrading for the many millions who became its second- and third-class citizens. Amongst its many crimes, perhaps the greatest was its power to humiliate, to denigrate and to remove the self-confidence, self-esteem and dignity of its millions of victims.
For neither am I a man in the eyes of the law,
Nor am I a man in the eyes of my fellow man
Extract from Para 51 of Volume 1 of Chapter 4 of “Truth & Reconciliation Commission – South Africa”
The Kashmir issue is a long-drawn-out international dispute demanding urgent attention. The people of Kashmir have been deprived of their right to determine their future through a fair plebiscite. The suffering faced by the people in Indian Illegally Held Jammu & Kashmir [IIOJK] can be likened to the scenario described in the above quoted extract from VOLUME ONE
Truth and Reconciliation Commission of South Africa Report.
The situation warrants immediate resolution to ensure the fundamental right of self-determination for the people of Kashmir. It is imperative to address this longstanding issue and facilitate a free and impartial plebiscite to achieve a just and lasting solution.
The plight of the people in the region emphasizes the urgency of international intervention to bring about a peaceful resolution to the Kashmir conflict and denial of their right to decide their destiny underscores the need for swift and comprehensive action on the diplomatic stage. International cooperation is crucial in providing the necessary platform for Kashmiris to voice their aspirations and peacefully determine their future.
Over the past year, people of Kashmir have been subjected to severe human rights violations by the Indian army and government. Despite the passage of more than 75 years, this internationally recognized dispute remains unresolved. The situation took a critical turn in August 2019 when in a unilateral and illegal move, India sought to alter the demographic structure and political landscape of Occupied Jammu & Kashmir. This action intensified an already volatile situation, raising concerns about the rights and well-being of the Kashmiri people.
Gross human rights violations add urgency to the need for international attention and intervention for addressing the persistent challenges faced by Kashmiris. The attempt to change demographics emphasizes the complex and sensitive nature of the Kashmir issue, requiring diplomatic resolution for long-term stability and justice.
Article 370 of the Indian Constitution, which provided special governance arrangements for the State of Jammu and Kashmir, was revoked. The Indian President issued Constitutional Orders 272 and 273, leading to the extension of the entire Constitution of India to Jammu and Kashmir and abolition of Article 370. Simultaneously, the Indian Parliament passed the Jammu and Kashmir Reorganization Act 2019, resulting in bifurcation of the State into two Union territories. This legislative and constitutional shift marked a significant restructuring of Jammu and Kashmir’s governance framework, aligning it more closely with the constitutional and administrative structures of the rest of India. Abrogation of Article 370 and the subsequent reorganization is aimed to bring about administrative efficiency and uniformity in governance across regions.
These actions of the oppressive regime of India was in flagrant violation of international law and the relevant UN Security Council Resolutions, especially Resolution 122 (1957) which reminds the Governments of India and Pakistan about the principle embodied in its UN Resolutions 47(1948), 51(1948) of and 80 (1950) and the United Nations Commission for India and Pakistan resolutions of 13 August, 1948, and 5 January,1949, “that the final disposition of the State of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations”.
Abrogating Article 370 was clearly a direct attempt by India to convert Kashmiris into a disempowered community within their own land and constitution. Through its foreign office Government of Pakistan responded strongly, clearly stating that it does not acknowledge the supremacy of Indian Constitution over Jammu and Kashmir and equates it as a move which carries no legal significance.
Pakistan has continuously endeavored to bring international attention to the strict laws and tactics employed by India in occupied Kashmir. Furthermore, Pakistan has emphasized the United Nations’ obligation to denounce these violations, drawing attention to UN Security Council Resolutions that call for timely reporting of significant changes in the situation. These resolutions also encourage consultations during the Council’s consideration of the matter. Pakistan’s consistent efforts aim to shed light on the human right abuses and repressive measures in occupied Kashmir. By invoking these UN resolutions, Pakistan seeks to hold all concerned parties accountable, to create a platform for constructive dialogue and diplomatic resolution in line with international norms and principles.
Unfortunately, in its recent judgement, the Indian Supreme Court not only misinterpreted the definition of sovereign but its validation of the abrogation of Article 370 in Jammu and Kashmir has drawn wide criticism in India and elsewhere calling it a deviation from established stances on federalism, democratic norms, and legal processes giving a political boost to the ruling BJP.
In addition to facing internal criticism, the Supreme Court of India has been faulted for its apparent insensitivity to the Kashmir issue, overlooking the United Nations Security Council resolutions which grant the people of Kashmir the right to self-determination through an impartial plebiscite. The alteration of the status of internationally disputed territory through constitutional changes and the use of force, accompanied by arrest of political leaders and an extended internet suspension exceeding 18 months, amount to breaking all norms of decency and international law
In light of UN resolutions, it is evident that India cannot evade its international obligations using domestic legislations and judicial verdicts as pretext. The judicial validation of India’s illegal actions on August 5, 2019, is condemnable and amounts to a miscarriage of justice. This unfortunate event reinforces the need for adherence to international norms and resolutions, emphasizing the importance of respecting the right to self-determination for the people of IIOJK with whom Pakistan stands steadfast in offering complete political, diplomatic, and moral support.
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Dr. Ikramul Haq, Advocate Supreme Court, specialises in constitutional, corporate, media and cyber laws, ML/CFT, IT, intellectual property, arbitration and international taxation. He holds LLD in tax laws with specialization in transfer pricing. He was full-time journalist from 1979 to 1984 with Viewpoint and Dawn. He served Civil Services of Pakistan from 1984 to 1996. He established Huzaima & Ikram in 1996 and is presently its chief partner as well as partner in Huzaima Ikram & Ijaz.
He studied journalism, English literature and law. He is Chief Editor of Taxation. He is country editor and correspondent of International Bureau of Fiscal Documentation (IBFD) and member of International Fiscal Association (IFA). He is Visiting Faculty at Lahore University of Management Sciences (LUMS) and member Advisory Board and Visiting Senior Fellow of Pakistan Institute of Development Economics (PIDE).
He has coauthored with Huzaima Bukhari many books that include Tax Reforms in Pakistan: Historic & Critical Review, Towards Flat, Low-rate, Broad and Predictable Taxes (revised & Expanded Edition, Pakistan: Enigma of Taxation, Towards Flat, Low-rate, Broad and Predictable Taxes (revised/enlarged edition of December 2020), Law & Practice of Income Tax, Law , Practice of Sales Tax, Law and Practice of Corporate Law, Law & Practice of Federal Excise, Law & Practice of Sales Tax on Services, Federal Tax Laws of Pakistan, Provincial Tax Laws, Practical Handbook of Income Tax, Tax Laws of Pakistan, Principles of Income Tax with Glossary and Master Tax Guide, Income Tax Digest 1886-2011 (with judicial analysis).
He is author of Commentary on Avoidance of Double Taxation Agreements, Pakistan: From Hash to Heroin, its sequel Pakistan: Drug-trap to Debt-trap and Practical Handbook of Income Tax. Two books of poetry are Phull Kikkaran De (Punjabi 2023) and Nai Ufaq (Urdu 1979 with Siraj Munir and Shahid Jamal). He regularly writes columns for many Pakistani newspapers and international journals and has contributed over 2500 articles on a variety of issues of public interest, printed in various journals, magazines and newspapers at home and abroad.
Twitter: DrIkramulHaq
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Abdul Rauf Shakoori, Advocate High Court, is a subject-matter expert on AML-CFT, Compliance, Cyber Crime and Risk Management. He has been providing AML-CFT advisory and training services to financial institutions (banks, DNFBPs, Investment companies, Money Service Businesses, insurance companies and securities), government institutions including law enforcement agencies located in North America (USA & CANADA), Middle East and Pakistan. His areas of expertise include legal, strategic planning, cross border transactions including but not limited to joint ventures (JVs), mergers & acquisitions (M&A), takeovers, privatizations, overseas expansions, USA Patriot Act, Banking Secrecy Act, Office of Foreign Assets Control (OFAC).
Over his career he has demonstrated excellent leadership, communication, analytical, and problem-solving skills and have also developed and delivered training courses in the areas of AML/CFT, Compliance, Fraud & Financial Crime Risk Management, Bank Secrecy, Cyber Crimes & Internet Threats against Banks, E–Channels Fraud Prevention, Security and Investigation of Financial Crimes. The courses have been delivered as practical workshops with case study driven scenarios and exams to insure knowledge transfer.
His notable publications are: Rauf’s Compilation of Corporate Laws of Pakistan, Rauf’s Company Law and Practice of Pakistan and Rauf’s Research on Labour Laws and Income Tax and others.
His articles include: Revenue collection: Contemporary targets vs. orthodox approach, It is time to say goodbye to our past, US double standards, Was Due Process Flouted While Convicting Nawaz Sharif?, FATF and unjustly grey listed Pakistan, Corruption is no excuse for Incompetence, Next step for Pakistan, Pakistan’s compliance with FATF mandates, a work in progress, Pakistan’s strategy to address FATF Mandates was Inadequate, Pakistan’s Evolving FATF Compliance, Transparency Curtails Corruption, Pakistan’s Long Road towards FATF Compliance, Pakistan’s Archaic Approach to Addressing FATF Mandates, FATF: Challenges for June deadline, Pakistan: Combating the illicit flow of money, Regulating Crypto: An uphill task for Pakistan. Pakistan’s economy – Chicanery of numbers. Pakistan: Reclaiming its space on FATF whitelist. Sacred Games: Kulbhushan Jadhav Case. National FATF secretariat and Financial Monitoring Unit. The FATF challenge. Pakistan: Crucial FATF hearing. Pakistan: Dissecting FATF Failure, Environmental crimes: An emerging challenge, Countering corrupt practices .
Twitter: Adbul Rauf Shakoori
The recent publication, coauthored with Huzaima Bukhari, is
Pakistan Tackling FATF: Challenges & Solutions
available at: https://www.amazon.com/dp/B08RXH8W46
