Published On: Wed, Mar 16th, 2016

Dr Gilani terms use of veto on Kashmir unlawful

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March 16, 2016 – Islamabad: Dr. Syed Nazir Gilani, Secretary General of London-based NGO, Jammu and Kashmir Council for Human Rights (JKCHR), which is in Special Consultative Status with the United Nations referring to the debate for the reform of UN Security Council has said that the principle of equality among people and nations, the basic principle of the UN Charter, is gaining strength and there is a strong movement to reform the UN Security Council, says a press release.

JKCHR secretary general said that the UN Security Council has to be more democratic, representative and accountable. He said that if anyone on the globe needs to understand the suffering caused by the use of a veto at the UN Security Council it should be the people of Jammu and Kashmir and the people of Palestine. People of India and Pakistan and the peace in the region have also suffered by the use of a veto in the case of Kashmir.

Dr. Nazir Gilani has said that there is substantive merit in examining the use of veto by Russia against one of the basic principles, that is, equality and right of self-determination of a people. Permanent members have the privilege of a veto. The question is whether this privilege could be used against one of the basic principles of UN Charter. A common interpretation suggests that a country can’t vote against the Charter that it has accepted to obey in maintaining international peace and security or for which UN has come into being. The second and most important interpretation are the consequences of the use of this veto. The victims have a right to raise their grievance or seek an advice in respect of a grievance procedure.

Dr. Nazir Gilani said that the use of a veto against the basic principles of UN Charter may not be valid in the first place and at the same time the allowance of its use is not infinite. Around February 1957 Russia and India realised the inherent problem with the continued use of a veto in the case of Kashmir. “On 21 February 1957 United States of America, co-sponsored by United Kingdom, Australia, Colombia and Cuba (pre-Castro) introduced Kashmir issue at the UN Security Council. United States was one of the five co-sponsors of the Security Council Resolution 123 (1957) of 21 February 1957 that reasserted the call for a plebiscite and declared that the Kashmir Constituent Assembly’s vote in 1954 to reaffirm the state’s accession to India was not internationally binding. Although the Soviet delegate reiterated Moscow’s position that the Kashmiris had settled the issue themselves, the Soviet Union abstained, possibly because of Indian concern that a veto might open the way to General Assembly consideration of Kashmir,” he added.

JKCHR secretary general said that the people of Kashmir and their leadership should have noticed this emerging crack in the strength of Russia’s use of veto. Our people have no clue in regard to the discussion of their fate in 1948, 1957 or at any other time including the latest reference on 9 March 2016 during the reform debate at the UN Security Council. “We cannot put an end to the suffering of the people of Jammu and Kashmir until and unless the Kashmiri leadership educates itself around the Kashmir case. The reform debate at the UN Security Council has set a stage for their input,” Dr Gilani added

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