BELGIAN ASSOCIATION FOR
SOLIDARITY WITH JAMMU AND KASHMIR

Paul Beersmans
President
Belgian Association for Solidarity with Jammu and Kashmir

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Office: Middenheide 126, B - 9120 Beveren, Belgium
Telephone and Fax: ++ / 32 / (0)3 / 775 26 61
e-mail: [email protected] 
website: http://www.basjak.org 

COMMISSION ON HUMAN RIGHTS
SIXTIETH SESSION � GENEVA, 15 MARCH � 23 APRIL 2004

JAMMU AND KASHMIR: LET PEACE PREVAIL
Item 11: Civil and Political Rights, including the questions of: Torture and Detention, Disappearances and Summary Executions, Freedom of Expression, Independence of Judiciary, Administration of Justice, Impunity, Religious Intolerance, States of Emergency, and Conscientious Objection to Military Service. Mister Chairman, The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief was proclaimed by a General Assembly resolution in November 1981. One of the basic principles of the Charter of the United Nations is that of the dignity and equality inherent in all human beings. In addition the Universal Declaration of Human Rights and the International Covenants on Human Rights proclaim the principle of non-discrimination and equality before the law and the right to freedom of thought, conscience, religion and belief. The disregard and infringement of human rights and fundamental freedoms, in particular of the right to freedom of thought, conscience, religion or whatever belief, have brought, directly or indirectly, wars and great suffering to mankind, especially where they serve as a means of foreign interference in the internal affairs of other states and amount to kindling hatred between peoples and nations. This is for example, the case in Jammu and Kashmir where, since the end of 1989, a spiral of violence erupted resulting in endless suffering of the Kashmiris. Human Rights and Fundamental Freedoms of the Kashmiris are violated by both foreign jehadi fighters, or holy warriors, with the constant support from across the border and by the Government. What could be considered as a normal striving for more autonomy or even for independence of the Kashmiris is funnelled by foreign mercenaries and turned into a jehad, a holy war and promotion of religious intolerance. At the beginning of last decade hundreds of thousands of Pandits, being an important Hindu minority in the Kashmir Valley, had to flee because they were the target of religious cleansing. They are still living as refugees under inhuman conditions in camps and waiting for better times to come. But, not only members of the Hindu community in Jammu and Kashmir, also moderate Moslems who propagate tolerance and peaceful co-existence are the target and the victims of the so called mujahideen, the holy crusaders. Instead of bringing the dispute closer to a solution, this interference is in fact blocking any progress towards a lasting peaceful solution. The activities of the jehadi groups, having the blessings and the support of some corners from across the border, are inimical to the interests of the Kashmiris and to a resolution of the Kashmir issue. But of late, there are some positive signs. After the summit of the South Asian Association for Regional Co-operation held in Islamabad in January 2004 the Indian Prime Minister and the President of Pakistan made a joint statement. This was a pleasant surprise because both the leaders had undertaken to bury their hatchets by announcing their will and readiness to start negotiations in order to settle their differences and to fight terrorism. Proposals on taking confidence building measures like activating a bus link between Muzaffarabad, the capital of Azad Kashmir, and Srinagar, the summer capital of the Indian State of Jammu and Kashmir, and activating other ferry services and rail links between the two countries are welcomed by the population as they will enable people to people contacts and improve cultural exchange and co-operation. In addition the offer of talks with the All Parties Hurriyat Conference, an umbrella for separatist organisation, by the Indian Prime Minister have endorsed the peace initiatives. Our Association wants to stress the need for dialogue for resolving all contentious issues for which the Shimla Agreement concluded in 1972 between India and Pakistan provides the necessary framework. Our Association also calls for an end to bloodshed in the region and for cooperation rather than confrontation. Therefore our Association calls for - India and Pakistan to expedite the dialoogue process at the level of states and people and approach all requisites of confidence building, conflict management and conflict resolution through an integrated, uninterruptible, result oriented and well structured process; - The pursuit of a �holistic vision that ddoes not ignore any divisive issue�. While Kashmir issue and India�s concern for �cross border terrorism� needed to be addressed on a priority basis, no purpose would be served by ignoring possibilities of co-operation in various fields; - All unreasonable restrictions on travel between the two countries to be expeditiously dismantled; - Political parties to give priority to moobilising their ranks for peace and good neighbourly relations and to allow greater space for civil society organisations to support the process; - The desirability of strengthening relatiions between parliamentarians, journalists, academics, businesspersons, experts, professionals, students, workers, farmers, artists and sportspersons of the two counties, and - Efforts to resist the forces of fanaticiism, extremism and violence. The Kashmir conflict, which less then two years before almost sparked a war between two nuclear powers, is reaching a kind of nadir. Kashmiris are exhausted by 14 years of violence and only want peace. Our Association is of the opinion that a solution only can be found through peaceful means in an atmosphere of friendship and harmony. Peace talks should continue and its pace should be accelerated. All parties involved in the dispute must seize the present opportunity to go to the finish and to find a lasting solution of the long-standing political conflict. The leadership of India and Pakistan has the right opportunity to demonstrate to the people of the subcontinent and to the world that the two hostile neighbours are now willing to settle their differences peacefully, live side-by-side for the stability of the region and greater peace of the world. Now is the time for the people of Kashmir to be allowed to live in dignity and peace, and without fear of oppression. This is the only way for the people of India and Pakistan to enjoy a better quality of life and to have a bright future. Thank you Mister Chairman
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