Open Letter to the Leader of the opposition to invite his immediate attention

Open Letter to the Leader

of the opposition to invite his immediate attention

June 22, 2011

The Honourable Jack Layton, M.P

Leader of the Opposition
House of Commons

Ottawa, ON Canada K1A 0A6  

Dear Mr. Jack Layton,

On behalf of the Kashmir Diaspora Alliance, we would like to draw attention to grave humanitarian crisis in the Internationally Disputed Area of the Indian occupied Kashmir (IDAJK). The IDAJK question remains one of the oldest, unresolved, international problems in the world as an agenda item of the United Nations UN). Kashmir today a nuclear flash point, a root cause of poverty and wars in South Asia originated when India, on October 27, 1947 forcefully captured and occupied Kashmir (IDAJK) and denied the promised right to 'Self-Determination' as agreed upon several United Nations Security Council resolutions. This action divided its land and people by a cruel line of control, like the Berlin wall consequently creating a great human crisis in this region and the biggest military occupation on the planet. With the passage of time, instead of finding out the will and aspirations of the then IDAKJ through a plebiscite, India kept on cementing its illegal occupation through fraudulent accession and military suppression, which changed this paradise on earth into a bleeding vale today usually referred to as the land of atrocities, brutalities and suffering around the world. 

The atrocities committed by more than 700,000 Indian soldiers in a small area, virtually devoid of human rights, of the Kashmiri citizens cannot be forgotten. The Indian regime and its armed forces have killed more than 192,802 citizens, made 215,994 arrests, 110,117 individuals have disappeared, 115,782 homes demolished, leaving 122,792 widows and 207,335 orphans. Indian forces have been committing crimes such as rape, torture, persecution, terror, and gross human rights violations of the innocent IDAKJ. These cruelties have been documented by international human rights organizations such as United Nations, Amnesty International, Human Rights Watch, International Educational Development, International Tribunal on Kashmir and many others.  The sad fact behind all of this is that nobody is there to listen to the agony of the Kashmiri people, despite India allegedly claiming to be a 'progressing democracy', so to speak, since 15th August, 1947. 

Instead of stopping the activities of its armed personnel, the Indian administrations have entrenched itself into the lives of the Kashmiris.  Brutality of the army is disguised as defense of the Nation. What nation? The IDAKJ is not a nation. The occupying Indian army lives with the dictum that power flows through the barrel of the gun. Since June 11, 2010, one hundred and seventeen civilians (mostly school going teenagers) have been killed by the police and CRPF; more than 3,000 people left injured; many of them seriously and thousands were put behind bars. The shocking discovery of unmarked and unnamed graves in the IDAJK puts serious question marks about the safety of the disappeared or most likely deliberately killed youth.  Even the European Union Parliament unanimously passed a resolution in its session in Strasbourg on July 10, 2008 asking India to conduct an independent and impartial investigation into the discovery of these graves. This demand is yet to be fulfilled.

As per Greater Kashmir dated June 16, 2011, a Kashmiri newspaper under caption stated “Come clean on AFSPA: Apex Court to Centre.”  The Indian court asked the government to clearly spell out its stand: whether army and paramilitary personnel enjoy immunity from criminal prosecution for any penal offence committed in discharge of their official duties including fake encounters and rapes vis-a-vis AFSPA, Section 197 CRPC and Section 17 of the CRPF Act. The Honourable Sir, how long will the Indian army be allowed to enter any home, commit rapes and enjoy immunity as it has been done in discharge of their official duties.  To suppress the voice of Kashmiris, India has introduced Special powers acts, e. g., Armed Forces Special Powers Act (AFSPA), Public Safety Act and the Terrorist and Disruptive Activities Act in the IDAJK which gives immunity to the armed personnel and paramilitary forces to take any action without being held responsible. 

We welcome the European Parliament resolution linking the Kashmir issue with signing of Free Trade Agreement with India. This is a positive development as far as the Kashmir issue is concerned. We have been seeking their facilitation for resolving this dispute. The paragraph-33 of the resolution passed by the European Parliament (EP) on May 11, 2011 over the FTA between India and European Union states showed its concerns on the human rights violations in occupied Kashmir. Prime Minister David Cameron admits that, “Britain is responsible for many of the world’s historic problems, including the conflict in Kashmir between India and Pakistan.” Similarly, the Organization of the Islamic Conference (OIC) on October 29, 2010 has said that the people of Jammu and Kashmir, after so many years of suffering, deserve full respect for their legitimate right to Self-Determination. 

Based on the same analogy, in view of Canada’s ratification of the human rights treaties, we urge that Government of Canada should follow suit. Canada has been a consistently strong voice for the protection of human rights and the advancement of democratic values around the world. Canada is a party to seven major international human rights conventions, many others, and encourages all countries which have not made these commitments to do so. We, as Canadians, expect that our government be a champion in the field of human rights by reflecting and promoting Canadian values. Canadians recognize that their interests are best served by a stable, rules-based international system. The UN charter and customary international law imposes on all countries the responsibility to promote and protect human rights. This is not merely a question of values, but a mutual obligation of all members of the international community, as well as an obligation of a state towards its citizens. The records show, however, that India has not only failed but is also in severe violation of human rights in the IDAJK. Our government should not give preference to business with India over moral and ethical values. It should also link any business dealings with India with the condition of immediate withdrawal of military and paramilitary forces from the IDAJK areas, as it has constructed bunkers, checkpoints, and barricades in residential areas creating a province wide jail. What a paradox it is that in the occupied Jammu and Kashmir, the juvenile age is 16 years whereas the rest of the states in India has a juvenile age 18 years and under.

We, therefore, solicit that no businesses with India till it resolves the humanitarian crisis in the Indian-occupied Jammu and Kashmir and takes the following measures: 

1. To implement the United Nations Security Council resolutions on the right to self-determination

2. To uphold the European Parliaments resolution on mass graves in Kashmir


3. To withdraw the occupational forces from the IDAJK


4. To put an end to the consistent gross human rights violations through practices such as arbitrary detention, enforced disappearance and summary or arbitrary execution, etc.


5. To respect international human rights norms and treaties which India is a signatory including the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights

6. To undertake an independent and impartial investigation in all killings including as noted above, custodial deaths, disappearances, fake encounters, rapes, etc., under international law and international auspices

7. To allow access to major human rights NGOs and humanitarian organizations in the IDAJK 

8. To stop torture of the relatives of the Canadian Kashmiris and others in the IDAJK due to their protest and free speech about Kashmir problems here in Canada

9. Draconian Laws such as Armed Forces Special Powers Act (AFSPA), Public Safety Act and the Terrorist and Disruptive Activities Act which violate human rights must be withdrawn immediately.

We look forward to hearing from you of your active role in the resolution of this humanitarian crisis in the IDAJK.

Kind regards,

Habib Yousafzai

Spokesperson

Kashmir Diaspora Alliance

127-Westmore Drive Unit 114

Toronto, Ontario

M9V-3Y6

Tel: (647) 889-2829

Fax:(416) 213-1110