NEW DELHI: The Union Government will send its representatives to Geneva next week to discuss the report on Kashmir pre- pared by the International Com- mission of Jurists. India is expected to distribute certain points raised by the ICJ and protest against its suggestion that Kashmiris be allowed the right to self-determination.
It may be recalled that the Geneva-based human rights organization, comprising leading jurists from all over the world, has prepared an interim report on the situation in Jammu and Kashmir. The report, prepared on the basis of the “findings” of an ICJ team that visited Jammu and Kashmir and Pakistan Occupied Kashmir last year, is believed to be a scathing indictment of New Delhi.
The interim report was sent to the Governments of India and Pakistan for their comments more than a month ago. While Pakistan, from which miner clarifications were sought, has already sent its responses, India has taken more time to formulate its objections, especially to the ICJ questioning Jammu and Kashmir’s accession to India and calling for a plebiscite.
But India’s protests are unlikely to cut much ice with the ICJ. Ac- cording to sources in the organization, the final report will not be very different from the interim report and the ICJ will stick to its stand on right to self-determination.
“We might not do justice to India, but we will be doing justice to the Kashmiri people,” said a source when contacted on the telephone. Reacting to the charge that questioning the finality of the State’s accession to India or calling for a plebiscite were beyond the man- date given to the ICJ team when it was allowed to visit Kashmir, the source said. “How can you have an impartial report without raising the question of (right to) self-determination? Can you imagine dealing with human rights without raising this question? How can you take a correct position with- out talking about it?”
Meanwhile, informed sources in Geneva, who have been closely following the Kashmir issue, said that Pakistan is actively considering portioning the International Coun of Justice at The Hague. asking it to direct the Government of India to “stop the crime of genoecide in Jammu and Kashmir.”
These sources said that Islamabad has made several queries about the ICJ’s final report on Jammu and Kashmir as it wants to append the document to its petition, along with reports prepared by London- based Amnesty International and Asia Watch located in Washing- ton. Asked if the ICJ is aware of any such move by Pakistan, a source said, “it is possible quite possible.”
Islamabad, the sources explained is aware that the ICJ is widely respected in the West as a “non- partisan human rights organization.” Moreover, since its reports are endorsed by leading Western jurists who are member of the com- mission, they enjoy a high degree of credibility.
Pakistan, the sources said, feels that it could make out a case that the “national, ethnic, racial and religious” identities of the Kashmiris are under assault and cite reports prepared by human rights groups, apart from news stories filed by Western journalists, to substantiate its case. Those pushing for such a petition believe that a precedent has been set by the ruling on Bosnia.
Article extracted from this publication >> June 24, 1994
