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DRAFT MEMORANDUM
TO BE
PRESENTED BY THE TRUE REPRESENTATIVES OF THE KASHMIRI
PEOPLE TO THE OIC CONTACT GROUP ON JAMMU AND KASHMIR (36TH
SESSION OF THE COUNCIL OF FOREIGN MINISTERS. DAMASCUS. SYRIA 23-25 MAY
2009
We, the True
Representatives of the oppressed Kashmiri people;
Reaffirming
the principles and objectives of the Charter of the Organization of the
Islamic Conference, which emphasizes the common goals and destiny of the
people of the Islamic Ummah;
Emphasizing
the purposes and principles of the UN Charter and recalling the relevant
resolutions of the UN Security Council and also resolutions of the UN
Commission for India and Pakistan of 13 August 1948 and 5 January 1949
upholding the right to self-determination of the people of Jammu and
Kashmir; .
Recalling
all OIC Summit and Ministerial Resolutions and Dec1arations on and
relating to Jammu and Kashmir;
Further
recalling
the reaffirmation of the commitment of the OIC and its Member States as
reflected in the Tehran Summit Declaration or 11 December 1997, in the
27th, 28th , 29th , 30th
,31st , 32nd ,33rd , 34th
and 35th Islamic Conferences of Foreign Ministers held in
2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 and 2008 and in the 11th
Islamic Summit held in Dakar in March 2008 to promote a just and
peaceful solution of the Jammu and Kashmir dispute in accordance with
the relevant resolutions of the United Nations Security Council and
their support to the fundamental human rights of the Kashmiri people
including their right to self determination.
Expressing
deep gratitude to the OIC and its Member States for their unequivocal
support for the Kashmiri people's right to self-determination and for
their condemnation of the repression and massive human rights violations
in Indian occupied Jammu and Kashmir;
Stressing
the need for expeditious implementation or the recommendations contained
in the report of the OIC Mission led by the Secretary General's Special
Representative on Jammu and Kashmir in March 2007;
Regretting
that India had not allowed the OIC Fact-Finding Mission: to Indian
occupied Kashmir, or responded favorably to the offer of the Good
Offices Mission made by the OIC:
Reaffirming
that election held in the Jammu and Kashmir cannot be a substitute for a
free and impartial exercise of the right of self determination by the
people of Jammu and Kashmir under UN auspices as determined by the UN
Security Council Resolutions 47 (1948), 91 (1951) and 122 (1957);
Reaffirming
that any agreement on Jammu and Kashmir should be predicated on the
aspirations of the Kashmiri people, as enshrined in the relevant UN
Security Council Resolutions:
Welcoming
the various confidence-building measures taken by Pakistan in Kashmir,
including the Muzaffarabad-Srinagar and the Rawalakot-Poonch bus
services, the opening of crossing points, and the commencement of
intra-Kashmir trade;
Noting
with concern
the situation ensuing from the Amarnath Shrine Board issue in the Indian
occupied Kashmir;
Deploring
the excessive use of force by the Indian security forces against the
innocent Kashmiris protesting against the economic blockade by the
extremist elements, which led to the shahadat of several Kashmiris;
Supporting
the indigenous uprising of the Kashmiri people against the illegal
Indian occupation;
Strongly
condemning
the serious crimes and atrocities, massacres, extra-judicial killings,
custodial deaths, reprisal killings, arbitrary detentions, torture,
burning of houses, vil1ages and townships and the use of rape as an
instrument of suppression by the Indian government, through its military
and para-military personnel and mercenaries, which have claimed more
than 93000 innocent lives in Jammu and Kashmir since 1989;
Reaffirming
the Kashmiri people’s support for multi-ethnicity and multi-culturalism
as essential ingredients of life in Jammu and Kashmir;
Reaffirming
that the Jammu and Kashmir dispute is the root cause of conflict and
tensions in South Asia;
Noting
with
concern the 'pause' put by India on the Pakistan-India Composite
dialogue process;
Stressing
upon
India to resume the Composite Dialogue process and to engage Pakistan
for the settlement of all disputes including the dispute of Jammu
and-Kashmir;
Stressing
the need to maintain the cease-fire across the Line of Control (LoC);
Expressing
serious concern on the fence on the LoC in occupied Kashmir by India, in
contravention of international and bilateral agreements with a view to
unilaterally alter the character of LoC;
Welcoming
the persistent efforts by Pakistan to increase interaction among
Kashmiris on both sides of the LoC;
Nothing
that resolution of Jammu and Kashmir dispute, in accordance with the
wishes of the Kashmiri people, would open new avenues of trade and
economic cooperation and synergy for socio-economic development of
peoples of the region;
Denouncing
the Indian attempt to link the indigenous freedom struggle of Kashmiris
with terrorism;
Resolve
that the people of Jammu and Kashmir shall continue their just and
legitimate struggle for the realization of their right to
self-determination, as sanctioned in the UN Security Council
resolutions, through a free and impartial plebiscite conducted under the
auspices of the UN.
Urge
members of the OIC to:
i.
Call upon India to sincerely address the core dispute of Jammu and
Kashmir in the Composite Dialogue for its resolution, in accordance with
the UN Security Council resolutions;
ii.
Stress upon the Indian Government to take immediate steps to reduce
Kashmiri sufferings perpetrated by its security forces;
iii.
Call
upon India to
withdraw its troops and revoke draconian laws from the internationally
recognized disputed area of Jammu and Kashmir;
iv.
Demand that India remove the fence along the LoC and call upon the
international community. particularly the UN & UNMOGIP, to take note of
the Indian. actions that constitute a serious derogation of its
obligations under the international and bilateral agreements and
violate the spirit of the unilateral ceasefire on the LoC that Pakistan
had announced in November 2003;
v.
Call upon India to hold free and fair plebiscite in Jammu and Kashmir
under UN auspices, as stipulated in UN Security Council resolutions of
13 August 1948
and 5
January 1949,
vi.
Reject past, present and future Indian efforts to impose sham and
farcical elections on the people of Jammu and Kashmir since these are no
substitute to a free and fair plebiscite under the auspices of the
United Nations, as prescribed in the relevant Security Council
resolutions;
vii.
Call upon India to accept the OIC fact-finding mission to be headed by
the Secretary General's Special Representative on Jammu and Kashrmir;
viii.
Urge India to repeal the Armed Forces (Special Powers) Act 1958, Jammu
and Kashmir Disturbed Areas Act 1992, and Jammu and Kashmir Public
Safety Act 1978
as these
draconian laws give the security forces wide powers of arrest, detention
and virtual impunity to commit human rights vio1ations;
ix.
Call upon India to allow access to major Human Rights NGOs, like Amnesty
International, Human Rights Watch and other human rights organizations
to monitor and document the human rights situation in Jammu and Kashmir;
x.
Urge the United Nations to hold a plebiscite in Jammu and Kashmir
without further delay, in accordance with the UN Security Council
resolutions;
xi.
Support the declaration of the leaders of All Parties Hurriyat
Conference, Kashmiri and Human Rights activists as "Internationally
Protected Persons";
xii.
Support the right of freedom of movement of Kashmiri people and the
leaders of All Parties Hurriyat Conference and seek their guaranteed
protection:
xiii.
Extend all possible humanitarian assistance to the people of Kashmir:
xiv.
Encourage the OIC to play a more active role, including providing
humanitarian assistance to the Kashmiri widows and children;
xv.
Call for the full and expeditious implementation of the recommendations
contained in the report of the OIC Mission led by the Secretary
General's Special Representative on Jammu and Kashmir in March 2007;
Request
the OIC Secretary General to:
a. Convey the
OIC resolutions on Jammu and Kashmir dispute to the Indian Government,
the UN Secretary General, the Governments of P-5, the President of the
UN Security Council and the European Parliament, in order to convey the
Islamic world’s concern over the situation in Jammu and Kashmir and seek
their role in its resolution;
b. Convey to
India his readiness to send his Special Representative on Jammu and
Kashmir on a fact-finding mission to Indian-occupied Jammu and Kashmir;
c. To monitor
the human rights situation in IoK by the Indian forces and to conduct
inquiry into the discovery of more than thousand nameless graves in Uri
district, IoK;
d. Include the
Kashmir issue in the agenda of OIC's dialogue with regional and
international. organizations, such as the UN and EU;
Appeal to
all peace loving people and the nations of the world:
in general, and the Islamic Ummah, in particular, to urge the Indian
Government to put an end to the violations of the human rights of the
Kashmiris, and help and support the people of Jammu and Kashmir in their
struggle for the realization of their right to self-determination, as
promised to them under the relevant UN Security Council Resolutions;
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