Demographic Change & International Law
On 16TH July, 2020
Seminar Report
Total time of the Webinar:: 1 hour and 15 minutes
Moderator
• Mr. Altaf Hussain Wani Chairman KIIR
Notable Speakers:
• Amb. R. Zamir Akram
• Andrew Gwynne
• Prof. Mehmut Sukru Guzel
• Mirza Saaib Beg
• Syed Waqas Ali Kausar
• Endre Barc
Key Points raised by Altaf Hussain Wani:
• 2019 marked a dark year for IOK
• The special status of IOK was removed and a strict lockdown took place in the region
• The Indian army was deployed in the area to carry out the lockdown and the atrocities against the residents of IOK.
• Kashmiri’s have been stripped off their work rights and Hindu empowerment in the
area has increased by the efforts of the Modi government
Key Points raised by Mirza Saaib Beg:
• India govt have announced rules for domicile in IOK
• It has 3 categories; the domicile law will allow Non-Kashmiri Indians to get certain benefits in the region
• 1. The Indian citizens, who have lived in the disputed regions that formed what India referred to as Jammu
and Kashmir for 15 years, can officially make the region their domicile on government documents
• 2. The children who have studied in Kashmir schools for 7 years that are the
children of ex-Indian soldiers, beaurecats
. • 3. An Indian officer who has served in Kashmir for more than 10 years under the undertaking of Indian govt.
• The time limit of grant of the domicile application is only 15 days after which the domicile will be granted.
• A fine of 50,000 Rs will be charged from the salary of any Kashmiri officer who does not give the domicile
certificate on time.
• There is a sense of urgency by the Indian Govt.
• Domicile law will give the Indians an opportunity to buy land, apply for jobs in Kashmir.
• To get an admission in any educational institutions, you need to have a domicile now.
• The Kashmiris who do not have the domicile and will not be allowed to study or apply for jobs in the
government jobs.
• Government service is the largest employer in the state as of now as private economy has been destroyed
due to lockdown and other strong anti-human measures.
• Unemployment in Kashmir will increase. • The demographic change will not take place, but it has already taken place as in the first week of the law
• There are 1.5 million non-Kashmiris will qualify for the 15-year category of the domicile law excluding the
other 2 categories which is 15% of the current population of Kashmir.
• These people will get voting rights in Kashmir who will participate in the electoral process, they will
legitimize things which are not accepted by the Kashmiri people.
• In the future, their children will become a part of Kashmir economy and social structure • If there is a resolution in the future in Kashmir, it will be very difficult to get these people out of Kashmir
will further complicate the matter as issues of international law as to the rights of those domicile holders. • 500,000 jobs are available in Kashmir, if non-Kashmiris start applying for these jibs, unemployment of
Kashmiris will increase.
• Mining of Natural resources of Kashmir, the tenders were given to non-Kashmiri people through online
bidding • Deforestation has already taken place in the region to make place for non- Kashmiris to reside in the land.
• 50,000 acres of Kashmir has been taken under control by the Indian army illegally. • The domicile law is like the law used by Israel on Palestine since 1995 .• The threat for Kashmir is like Israel’s threat to Palestine, which is unemployment, depriving of land, natural
sources. • There are 3 principals used in Israel that is if a Palestinian has been living abroad for an extended period of
time, then they lose the residency rights. The second is if they fail to prove that their center of life is in
Jerusalem and the third one if they breach minimum loyalty to Israel, they will loose residency rights.
• If the same is allied to Kashmir, if Kashmiri breach their minimum loyalty to India, they will loose their
residency rights in Kashmir and will be forced to move to other parts of India for employment.
• India is unsafe for Kashmiris as they are frequently targeted out and attacked, frequently discriminated on
their skin. • Kashmiris have lost everything and have nothing more to lose against India, if they do go for a revolution. • The Indian govt has not been deterred by any international criticism, they have not been deterred by the
threat of war or because of Covid 19. They have kept the pace fast and effective.
• India is facing an economic collapse, tremendous instability in the country, despite all these problems, they’re
more focused on Kashmir
• Kashmiri have not and will not give up on hope and will continue with the resistance
. • Human rights policy can be implemented like in the UK where the people who carried out the task are
charged, not the country.
• Kashmir is not a recognized state which is why it cannot approach international court on its own
• Atrocities have carried out that are a violation of international human rights in Kashmir which can be the
reason to approach the international courts though the United nations.
Key Points raised by Prof. Mehmut Sukru Guzel:
• Main principle in International law is that wrongful acts cannot create legal rights
• In 1947, the United Nations security council resolution made an instrument of accession to Pakistan for
Unada, but India opposed it. India said that the population of the region is 80% Hindu and the decision
cannot be made by the Prince, it is the verdict of the people.
Now is the same position for Kashmir as 75% of the population of the region are Muslims, the decision of
instrument of accession cannot be given, it is an obligation for India to follow what they said in the United
Nations in 1947.
• Legally, the state of Jammu and Kashmir is an undisputed territory according to the United Nations security
council resolution
• We need to ask the question of whether Jammu and Kashmir is living or dead?
• India is following all the colonization processes in the world. • For the right of the people self determination and for their future, India needs to say that the state of Jammu
and Kashmir is living but not subject to the prince or the instrument of accession to India, then we have
the preamble of article 73 of the Un charter. The rest of the benefits of these people are paramount • When India is trying to change the demographic of Jammu and Kashmir, they violate the UN charter and
we must put the issue on the article 73 of the UN charter.
• The state of Jammu and Kashmir is still living with a different position, with the decisions of the UN security
council and India is bound with what It said about Unada
Key Points raised by Amb. R. Zamir Akram:
• Indian policies regarding the change on the status of IOK has been agenda of BJP for many years • BJP was only able to implement their policies in 2019 due to the circumstances. • The US has helped Indian military to buildup because of the US conflicts with Kashmir.
• Modi’s relations with the US has given him confidence to carry out the illegally process in IOK
• Jammu and Kashmir will be divided in 2 states of Jammu and Kashmir
• IOK will no longer have the luxury to elect their own leaders since the introduction of the domicile law
• The Indian govt is in a position to pass their laws without any approval from the state govt.
• Indians purpose is the change the demographic area of Kashmir by introducing non-Kashmiris in the region
through land, employment. • The Kashmiris own economy of agriculture, shops have been systematically destroyed by the Indian govt
• This has been a direct violation of the Geneva convention as it is no short of any genocide in Kashmir
• Modi is carrying out ethnic cleansing against the Muslims in the Kashmir as done in Bosnia in recent history
through military us.
• Modi is trying to convert the Kashmiri people into a minority in their own land as done by the Americans
to the Native American.
• No American leader has publicly apologized to what the country has done to Native Americans.
• You can succeed with peaceful struggle with those forces who respect human rights, democratic approaches
which is unlike India.
• Kashmiri people need to fight back for their rights against the terrorism being backed by the Indian govt in
Kashmir
• People of Jammu and Kashmir have the right for self-defense against the atrocities carrying out by the Indian
govt.
• There must be a concentrated sustained effort to project the overall Kashmir issue and the urgency about
the demographic changes that have been brought about along with the rights of the Kashmiri people that
have been deprived upon
• Pakistan has been trying to raise and project this issue worldwide but due to the travel constrictions, their
approach has been limited in the last few months.
• Legal experts need to be brought together so they can work together to raise the legal expects of the issue
to take it to international court.
• Time is of essence and a quick action needs to take place.
Key Points raised Syed Waqas Ali Kausar:"
• Indian Govt have been targeting AJK on the LOC to diverse the attention from IOK.
• Its almost been 1 year now since the lockdown took place in the IOK
• People in India who have been standing up for Kashmiris, who have been advocating for the Kashmiri rights
have been threatened and silenced by their own Indian government.
• BJP political agenda was to further complicate and divide the region based on religion.
• After the 13th amendment, AJK was further empowered which is highly appreciated in AJK and in the
international platform.
• People in AJK have been frustrated over major issues due to how the international community has dealt
with certain policies.
• For the first time in history, Pro political leaders in India were put behind bars as they disagreed with the
approach taken by the govt against IOK
• The role off having significant important Kashmiri leaders is important to further enhance the Kashmiri
resistant cause and give strength and rise morale of the Kashmiris
Key Points raised by Andrew Gwynne:
• Raise this matter of concern in the British parliament to find a solution.
• In any other parts of the world, the global community will be outraged if it happened to anyone else what
has been happening in Kashmir.
• There are ministers in the United Kingdom who are raising their voices for Kashmir in the British parliament
and the United Kingdoms.
Key Points raised by Endre Barcs:
• Global people were not aware of the Kashmir issue until the atrocities carried out since last year by the
Modi government.
• International media is heavily covering the Kashmir issue in the western part of the world to give the
Kashmiri people a voice.
• Similar policies were implemented on the Hungarian people after the World war 2 but the Hungarian
revolution overturned those polices.
• There is a hope for the Kashmiri people as Modi wont live forever and there will be a change in the future.
Past Events
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