Indian oppression of the Kashmiri people has persisted for seventy six years, with no end in sight. Despite attempting to win over hearts and minds since landing forces in Srinagar on October 27th, 1947, many inhabitants have consistently opposed illegal Indian occupation. Even after holding a 2024 general election across illegally occupied territories spanning six weeks, resistance remains strong from Nagaland to Kashmir.
The inhabitants of unlawfully seized regions such as Nagaland and Kashmir were coerced into participating in the India 2024 elections, particularly those residing in Indian illegally occupied Jammu and Kashmir (IIOJK). The area is heavily militarized with over a million soldiers posted every 50 meters, making it one of the most heavily enforced military zones globally. Soldiers are stationed at each household within IIOJK.
The Kashmir dispute has been dominating the India-Pakistan relationship ever since the birth of the two states in 1947. It has also played a significant role in border disputes between China and India over Askai Chin which continues to date. Kashmir lies between three of the most populous countries of the world: India, China, and Pakistan, covering a land mass of over 86,000 square kilometres, and inhabiting over 14 million people. The struggle over the Kashmir valley has been one of the most prolonged conflicts of the last century. Since the controversial arrival of Indian forces in Kashmir on 27 October 1947, the territory of Jammu and Kashmir has been divided by a ceasefire line or Line of Control between sides, under Pakistani and Indian control respectively.
Since the illegal Indian occupation started in Jammu and Kashmir prime minister Nehru and subsequent Indian governments have, however, continuously denied the Kashmiri people the will for self-determination, which is enshrined in UNSC resolution 47 of 1948, which is pivotal to the status quo. It has resulted in a loss of over 100,000 lives and an ongoing dispute that could lead to a possible nuclear war between arch-rivals India and Pakistan. Today, the narrative of the oppressed people of Kashmir is based on their drive for self-determination as it was promised by United Nation in 1947. Like the people of East Timor, Kashmiris also desire self-determination and independence. The United Nations Mission in East Timor organized an independence referendum on 30 August 1999 that resulted in their freedom. However, despite several UN Security Council resolutions supporting it, the people of Kashmir are still waiting for their plebiscite while feeling let down by the lip service they receive from international bodies such as the UN.
In a current spate of political unrest in Jammu and Kashmir India’s Modi regime has implemented three new draconian criminal laws in occupied Jammu and Kashmir, effective July 1, 2024. According to civil societies observers the laws aim to further restrict the pro-freedom movement in the territory. The imposition of these laws has raised concerns among locals and international observers. The three laws – the Indian Penal Code (IPC) Amendment Act, Criminal Procedure Code (CRPC) Amendment Act, and Indian Evidence Amendment Act – were introduced without the consent of the Kashmiri people, who have long demanded self-determination. They see these laws as an attempt by India to consolidate control over the territory and undermine Kashmiri rights.
Political experts and analysts in Indian Illegally Occupied Jammu and Kashmir (IIOJK) have condemned the arbitrary detention of Kashmiris by the New Delhi-controlled BJP regime, aimed at forcing them into submission. This tactic is a blatant violation of human rights, committed with impunity by Indian forces. According to Kashmiri NGOs, thousands of Kashmiris, including top political leaders like Musarrat Alam Butt, Muhammad Yasin Malik, and Shabbir Ahmad Shah, have been languishing in Indian jails, including Tihar, on fake charges under draconian laws. These arrests have been made since August 2019, when India repealed Kashmir’s special status and imposed a military siege. The human rights situation in IIOJK has deteriorated significantly, with the Indian government led by Narendra Modi resorting to cruel measures to suppress Kashmiris’ political sentiments. The new black laws imposed in IIOJK aim to crush Kashmiris’ identity, silence their voices, and destroy their economy.
In these draconian move, the Indian occupation regime has imposed a ban on the movement of people in their own homeland, especially in Poonch district of occupied Jammu and Kashmir during night hours. According to local journalist, the restriction has been imposed at the behest of Indian army authorities from 9 PM to 4 AM. The order, issued by Sub Divisional Magistrate Mendhar, Imran Rashid, at the recommendation of Indian army prohibits residents from visiting or roaming in the area without prior permission from army authorities, effectively curtailing the freedom of movement of Kashmiris in their own homeland. These laws defines the Universal Declaration on Human Rights article 1-53 (Freedom to movement, speech, association, political association, rights to fair trail et al, and many international statues and conventions such as
ICCPR International Covenant on Civil and Political Rights 16 Dec 1966
ICESCR International Covenant on Economic, Social and Cultural Rights16 Dec 1966
CEDAW Convention on the Elimination of All Forms of Discrimination against Women
CESCR Committee on Economic, Social and Cultural Rights
VDPA Vienna Declaration and Programme of Action (World Conference on Human Rights, 1993
CEFRD Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
DRC Declaration of the Rights of the Child 1923
DRIP Declaration on the Rights of Indigenous Peoples, Universal Declaration on Human Rights.
AUHR Africa Charter on Human & Civil Rights
SAHRC Bill of Rights of South Africa
Indian Constitute Article 21-A Indian Constitute Article 51-A Indian Constitute Article 45
Indian Constitute Article Right to Education Act, 2009
As peace-loving citizens of South Africa, we urge our government to sever diplomatic relations with India. We also call for the recall of our ambassador from New Delhi and the repeal of Indian ambassadorship in South Africa. Additionally, we appeal for:
1. Our request to the newly appointed Minister of Foreign Affairs at Dirco, Ronald Lamola, is that India must immediately lift the curfew and revoke all oppressive laws in Indian illegally occupied Kashmir (IIOJK). Additionally, we demand that they respect the human rights of Kashmiris who have suffered from discriminatory practices. The atrocities committed against minorities highlight a pressing concern for intervention regarding this issue specifically in IIOJK's Jammu and Kashmir territory.
2. We are appealing for the release of all Kashmiri political leaders especially Yasin Malik, Khurram Pervez, Musarrat Alam Butt, Shabir Shah and many others. There more than 30,000 political and civil rights activist behind jail in Indian illegally occupied Kashmir.
3. We are appealing to your office to instruct NPA special investigative unit to expedite investigation on the case open against Prime Minister Modi for his alleged role played in extra-judicial killing of innocent Kahsmiris in Indian illegally Jammu and Kashmir IIOJK during is tenure and Prime Minister.
4. We are requesting the reversal of revoking of article 370, 35a with immediate effects.
5. We are requesting the uplifting of the internet black out and blocked of telecommunication in Jammu Kashmir.
6. The opening of a formal inquest on the 48 pages UN Ohchr report on Kashmir which was released on 8th July 2019 which was compiled by the offices of UN Offices of Human Rights commissioner.
7. The opening of a formal inquest on the 53 pages UN Ohchr report on Kashmir which was released on 14th June 2018 which was compiled by the offices of UN Offices of Human Rights commissioner.
8. An independent inquiry into the brutal killing of PhD scholar Maman Wani in Indian occupied Kashmir by Indian Armed forces on 12th Oct 2018.
9. An independent inquiry into the brutal killing of PhD scholar Burhan Wani in Indian occupied Kashmir by Indian Armed forces on 6th July 2016.
10. The immediate and unconditional withdrawal of Indian troops comprising one million armed personnel from occupied Jammu and Kashmir. Military presence in especially civil area is second highest besides Palestine.
11. The unlawful detentions and un-arbiter unabated summary extra-judicial and wanton annihilation of the Kashmiri people should be stopped without further loss of time.
12. An atmosphere should be created conducive to the normalcy in the region. This is only possible if the dreadful shadow of trigger-happy Indian soldiers is forth-with removed from the civil areas.
13. The people of Jammu and Kashmir should be returned back their hitherto legitimate but usurped political, social socio-economic, religious and all the other human rights, as prescribed by the
14. United Nation’s Charter of "Universal Declaration of Human Rights" which had been ratified by the Indian Government must be respected by Indian newly elected junta.
15. The basic human right viz. freedom of speech and freedom of expression has been curtailed by the occupation authorities and these should be henceforth restored to the people of Jammu and Kashmir, the Muslims of India be treated with peace and understanding.
16. In the prevailing horrifying and draconian environment religious congregational meetings and assemblies cannot be imagined, hence a need to nullify those unjust "laws" actions generally against Muslims in India.
17. Austerity and modesty of the unblemished Kashmiri and Indian Muslim noble ladies must not be violated by the Indian occupying forces. Aggressors are these days using this as a degrading weapon, this should be stopped immediately. We appeal to South African government to open an inquest on Kunan Poshpora mass rape incident of 300 women on 23 February 1991.
18. The International Human Rights agencies, SA Human Right Commission SAHRC and other NGOs should be given easy access to the Indian occupied Kashmir and greater India for fact finding mission and independent investigation.
19. The International Fact Finding Missions should be allowed unconditional access to the illegally occupied Jammu and Kashmir and other areas of conflict and turmoil.
20. Each and every Kashmiri must be given opportunities for fair and unbiased just hearing before trial or resorting to extra-judicial executions in the form of "Fake Encounters".
21. The multilateral composite dialogues must resume without pre-conditions. The aim should be to find fair, just and amicable solution to the problem which is consuming energies and financial resources for the past more than half a century and which could have been utilized to provide food, shelter, education and health facilities to our down trodden masses. It can only sincerely be prayed and hoped that, some tenderhearted and humane approach will be taken so that, sooner than later, our cherished sub-continent would be in a position to offer peace, tranquility to ALL of its inhabitants.
“For to be free is not merely to cast off one's chains, but to live in a way that respects and enhances the freedom of others.” Nelson Mandela
Taking cognizance of the above statement from Madiba, I would like to call on ANC led South Africa government to join our struggle for Free Kashmir as it is triple endowed duties on us firstly as human beings which connect us as golden thread to every human being in the world, secondly, as a religious duty, no matter what religion you follow, as all religion put a great emphasis to defend, protect and fight for oppressed people of the world and thirdly, as a citizen of South Africa who has a similar and very poignant oppressive past. The people of the world recognized us as a great nation, freedom fighters and champion of human rights. Ironically, oppressed people of the world put a lot of trust in South Africa to help them in supporting their struggles as a gesture that South Africa was freedom loving people. The world assisted in liberating South Africa from the shackles of apartheid, and it has a moral responsibility to assist and show solidarity to help others fight for a free world. Perhaps it is our time as South Africans to reciprocate and help Kashmir people remove their chains as we are never free as long as others are imprisoned. As South Africans we must actively aid the oppressed and ensure their freedom as we are from oppression and know firsthand what it means. It is only by the freedom of others that we can change the world so that we all live in freedom and harmony not under the threat of oppression, rape and murder. Freedom is not a privilege but a right and we should protect the rights of others if we want freedom for ourselves and humanity. Oppression everywhere must be fought in order for freedom to be enjoyed by our progeny because a better world is possible if we are courageous enough to create it.
Thanking you in advance for your kind cooperation in this regards.
Aluta Continua
In Struggle,
Salman Khan. Founder and Chairman
South African Kashmiri Action Group
Kashmir Centre for Africa Union
Kashmir Global Movement.
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