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The Kashmir Conflict: A Permanent Problem for Human Rights and Peace

The Kashmir Conflict: A Permanent Problem for Human Rights and Peace

The Kashmir Conflict: A Permanent Problem for Human Rights and Peace

BY BASAR KHAN

The issue of Kashmir is one that dates back to the time when British India was divided into two nations: India and Pakistan. Various attempts have been made towards resolving the situation but none of them has brought about any substantial change. The problem persists even after the intervention by the United Nations.

Kashmir’s history is rather intricate. Following its partition, the Maharaja of Kashmir at that time, Hari Singh, who initially desired independence for Kashmir, ultimately opted for accession to India amid much controversy and consequently led to the outbreak of the first Indo-Pakistani War. Several conflicts, wars, negotiations, and agreements followed since, but the dispute continues to persist till today despite all these endeavors. In particular, the Simla Agreement resulted in the LOC in 1972.

Another reason for this problem is the violation of human rights in the region. Several international institutions have reported the use of force, arbitrary arrests, and the breach of civil liberties in various cases. United Nations Human Rights Commission has produced several reports, which detail cases of abuse and recommend an investigation into such abuse (UNHRC Report 2024). Amnesty International and Human Rights Watch have also recorded the enforced disappearances of civilians as well as the use of pellet guns on them (Amnesty International, 2023).

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The militarization of Kashmir not only adds to the issue, but it is also one of the major reasons that there is instability in this area. Both India and Pakistan have large numbers of troops along the border (known as the Line of Control). Due to this large presence of troops, numerous ceasefire violations, and increased tension between these two countries have occurred. Because both countries also have nuclear weapons, it can make an already volatile situation even more dangerous for the local people who live around the Line of Control.

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Residents who find themselves within the vicinity of war zones will most likely encounter the phenomenon of displacement, the loss of their belongings, and mental trauma (International Crisis Group, 2023).
In this regard, stories like Bunyan Al Marsoos (which means having a strong and unified structure) and Marka-e-Haq (fight for the sake of truth and justice) have been repeatedly used in political as well as public forums, especially in Pakistan.

Such narratives carry the meanings of unity and resilience, and also emphasize the nature of the Kashmir problem in terms of moralistic approach towards the issue as a fight for basic rights and justice. Although it can help to build national cohesion and morale, it also highlights the depth to which the Kashmir problem has reached at the level of identities. The use of these terms shows how the problem is not merely an issue of borders and land, but also an issue of perspective and beliefs.

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One of the cornerstones of the Kashmir conflict is the right of self-determination. Over the decades, the aspirations of the Kashmiri people have been diverse, either desiring sovereignty, merger with Pakistan, or amalgamation with India, but their wishes have always been overlooked.

The United Nations had always recommended that a plebiscite should be conducted to give the Kashmiri populace the choice of governance according to their own will; but, sadly, this has not been realized because of the changing dynamics in the region and the conflicting opinions of different states (United Nations Security Council Resolution 47, 1948). To ignore the dreams of the Kashmiri population, in a way, is to ignore the very nature of democracy and keep the unrest brewing in the region alive.

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Many experts claim that there is an opportunity for the Kashmiri population to achieve peace through economic growth and good governance. Improved infrastructure, education, and job opportunities would reduce the discontentment among the Kashmiri people.

Nevertheless, even though development plays a very vital role in enhancing the quality of living conditions, development alone cannot take the place of political talks and conflict resolution. Any development program that fails to tackle the roots of the conflict would be considered inauthentic and would fail to provide a lasting solution to the conflict (World Bank Report, 2022). As such, both political engagement and economic development must be pursued simultaneously.

However, in terms of how the international community can help resolve this dispute, varying views can be found from the different stakeholders. While some officials believe that a bilateral approach would do more justice than bringing in a neutral third party who might irritate people, the current standoff proves that an external player could provide a positive input. International Organizations could help build trust, facilitate transparency and supervise compliance with International Norms, all without undermining the authority of the State.
The Kashmir conflict requires an all-inclusive view and a broad approach to resolving the issue violations of human rights, removing military presence, and taking into account the wishes of the people of Jammu and Kashmir are all integral to the creation of peace.

Although the resolution of this conflict will involve considerable economic development and negotiations between the Indian and Pakistani administrations, the process should also include other elements such as political willingness and contributions from external sources. The fact that Kashmir continues to be a point of conflict reveals that something has to change in order to find proper solutions to the problem.

The author currently pursuing a Bachelor’s degree in International Relations at Bahria University, Islamabad.
basarkhan2003@gmail.com

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