The United Nations General Assembly (UNGA) has unanimously adopted a Pakistan-sponsored resolution, titled “Universal Realisation of the Right of the Peoples to Self-Determination”. It unequivocally supports the right to self-determination for all peoples under subjugation, alien domination and foreign occupation”. With close to nine lack troops, police constabulary and security sleuths deployed, the Indian-held Kashmir is practically an Indian colony.
Even Mehbooba Mufti, a former BJP ally, was compelled to say, ‘Kashmiris feel that they are literally imprisoned in a cage from which almost all exit routes are barred save one, to India, which is also not without peril.” A.G. Noorani, in a similar vein, said, `Kashmiris are distrusted and treated poorly in many parts of India, whether as students or as traders’ (Kashmir, a prison, Dawn January 12, 2019).
While lauding the UNGA resolution, Pakistan’s foreign minister drew attention to the extra-judicial killings, arbitrary arrests, including that of human rights activist Khurram Parvez, and illegal detentions in the Indian-held Kashmir (‘Hope for Kashmiris’: UNGA adopts Pakistan-sponsored resolution on right to self-determination , December 17, 2021).
A similar Pakistan-sponsored resolution was adopted last year with little tangible follow-up (UNGA adopts Pakistan-sponsored resolution on self-determination, Dawn December 18, 2020). The resolution affirmed the right to self-determination for peoples subjected to colonial, foreign and alien occupation. The resolution called on “those States responsible to cease immediately their military intervention in and occupation of foreign countries and territories” (UNGA adopts Pakistan’s resolution on self-determination, Dawn November 22, 2016).
(Kashmir & self-determination October 28, 2019)
Self determination in the UN conventions and ICJ judgments
Wolfgang Danspeckgruber (editor), The Self-Determination of Peoples: Community, Nation, and State in an Interdependent World deals with the subject from all angles. He covers issues of sovereignty and self-determination in contemporary world affairs. The book covers the conceptual, political, legal, cultural, economic, and strategic aspects of self-determination. Danspeckgruber says: “No other concept is as powerful, visceral, emotional, unruly, and steep in creating aspirations and hopes as self-determination”.
Self determination is recognised as a right in several international law instruments. These include the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Declaration of Principles of International Law Concerning Friendly Relations and Cooperation among States, the Helsinki Final Act, and the Vienna Declaration and Programme of Action. The International Court of Justice (ICJ) affirmed the right in several cases including the Namibia, Israeli wall, and Chagos Archipelago advisory opinions. In the East Timor case the court confirmed its universal jus cogens and erga omnes character.
India claims that it has not colonised the disputed Kashmir state. It argues that the IHK’s constituent assembly had voted for accession of disputed Kashmir to India. The “accession” violates the Security Council’s resolutions forbidding India from going ahead with the accession farce.
Aware of India’s intention to get the ‘Instrument of Accession’ rubber-stamped by the puppet assembly, the Security Council passed two resolutions to forestall the `foreseeable accession’ by the puppet assembly. Security Council’s Resolution No 9 of March 30, 1951 and affirmative Resolution No 122 of March 24, 1957 outlaws accession or any other action to change status of the Jammu and Kashmir state.
The 1951 elections were a farce. They were rigged as is obvious from the fact that Sheikh Abdullah’s National Conference won all 75 seats, 73 without contest. Josef Korbel, chairman for the UN Commission on India and Pakistan, remarked: “No dictator could do better.” The UNSC itself also noted in its Resolution 122 of Jan 24, 1957, that such sham Indian electoral exercises cannot amount to a substitute for impartial plebiscite envisioned by its resolutions.
Sumantra Bose argues, `The Security Council’s resolutions _ notably those of March 1951 and January 1957_ is unequivocal that such participation and representation could not be regarded as a substitute for an internationally supervised plebiscite (Sumantra Bose, the Challenge in Kashmir: Democracy, Self-Determination and Just Peace, p.166). Bose had referred to the UN Security Council’s two resolutions that rejected so-called accession by the constituent assembly. These resolutions, No 91(1951), Document No, S/2017, Rev.1, Dt 30 March 1951 and Resolution No. 122 (1957), duly rejected the ratification of the accession by the constituent assembly in Srinagar. Resolution No. 122 (1957) was adopted by UN Security Council at its 765th meeting on 24 January 1957.
Kashmir is an Occupied Territory
In international law, a territory is considered “occupied” when it is actually placed under the authority of the hostile army. The definition of occupation and the obligations of the occupying power were initially codified at the end of the nineteenth century. The definition still in force and commonly used nowadays is the one contained in the Regulations Concerning the Laws and Customs of War on Land annexed to the Fourth Hague Convention of 18 August 1907 (H.IV). Section III of the regulations details the rights and obligations of the military authority over enemy territory (Arts. 42–56).
The ICJ regards these regulations equivalent to international customary law (infra Jurisprudence). This definition takes into account the effective control of the territory by a hostile authority and seeks to regulate the responsibility of such an authority (H.IV Art. 42).
Contemporary international humanitarian law has clarified and added to the rights and duties of occupying forces, the rights of the populations of occupied territory, and the rules for administering such territory (GIV Arts. 47–78; API Arts. 63, 69, 72–79)
According to humanitarian law, occupation falls in the definition of international armed conflict and is regulated as such by the four Geneva Conventions and Additional Protocol I. The occupying power faces specific obligations where it has an effective control over the territories occupied. These include obligations related to respect human rights, law, and order, in addition to respect for relevant provisions of humanitarian law related to occupation. The basic obligations of the occupying power under humanitarian law are to maintain law and order and public life in the occupied territory (H.IV Art. 43).
India is bound to let Kashmiris exercise self-determination right. If India disobeys UN resolutions it is a rogue state, pacta sunt servanda, treaties are binding on the parties.
Self-determination is a legal right of people whether the decolonization process is perfect or imperfect, as in case of occupied Kashmir, in which the UN became involved.
Karen Parker points out, `The disposition of [illegally occupied] Kashmir has not been legally decided. It is not part of any country and yet we have the failure today of the realization of the expression of the self-determination of the Kashmir people (Karen Parker, Understanding Self-Determination, the Basics, Collected papers and proceedings of the First International Conference on the Right to Self-Determination).
Malcolm N. Shaw says, `Self-determination became the legal principle that fuelled the decolonization process, both obliging the colonial powers to grant independence (or another acceptable political status) and endowing their territory in question with a special status and thus, international legitimation (Shaw, Peoples, Territorialism and Boundaries, European Journal of International Law 8, no, 3, pp 478-507).
India’s view of usurped Kashmir is untenable. The UN should declare it a rogue state, and impose sanctions on it.
Saudi-Chinese Friendship: Should India be Concerned?
Saudi Arabia hosted the grand China-Arab summit in December last year and leaders of the two nations deliberated on future trade ties and regional security. The summit happened at a time when USA and Saudi ties are at an all time low. There lies massive uncertainty on global energy markets after the West forced a price cap on Russian oil and Washington is looking guardedly at China’s rising influence in the Middle East.
In Oil trade, China is Saudi Arabia’s largest trading partner, with bilateral trade more than $87 billion in 2021. Saudi Arabia is China’s top oil supplier, making up 18% of China’s total crude oil purchases. The two countries have deals in refineries, power and military & security.
Africa’s natural resources have long been a Chinese favourite. Every year, China doles out billions in grants and loans to African governments as an inducement to secure raw material deals or to finance the infrastructure projects which are ultimately going to benefit its own companies.
What is India’s position on the China- Arab summit that intends to boost development and cooperation among the two? India would be in a bit of a quandary one may assume as Arabs are their good friends, as they claim; while the Chinese are not. The trio of the China, Arabs and Pakistan (being used as a mere proxy), uniting is bound to be a slight source of worry for India. What is India’s take on this friendship?
From a diplomatic perspective, if their friendship and goodwill is promoted, it’s a good thing but one hopes that this does not undermine Indian interest, as any bilateral relation must not destabilize a third relation. In general when one talks of the Arab world, one thinks of its gargantuan energy power and energy crisis and its management is a global issue right now. With the Ukraine Russia war hanging around the energy crisis, it could be an ‘Energy Security’ thing they are trying to do bilaterally. If a big country like China enters the domain of energy, food etc it could turn out into a fairly big movement in the markets, in terms of prices and availability. India has to reckon by the fact that China is large and when you take out a large chunk of something that is available, that can create a pressure situation for others.
Also the union of China, Saudi Arabia and Pakistan may have certain repercussions on India, as China and India already have problems and those are huge problems, there’s no denying that. Sachin Sawant, Senior leader of the Indian National Congress leader, the country’s main opposition party states that they are already over-exerting their power on India. The Chinese are going on building roads, tunnels and bridges nonstop along the border. India needs to develop stronger guiding principles, when dealing with China and its global intentions are concerned. It is a huge point of worry for India.
India definitely cannot do or say much if two good friends decide to meet, but it does have its set of concerns. If China forges more business alliances with the Arabs in the energy and other sectors, India foresees instability in the markets which may be against its economic interest. It also is wary of the Chinese and Arabs getting together as this is a powerful alliance and its outcome may have a negative impact on Indian interest.
What could be the intentions of China to promote this friendship further and strengthen their relations with the Arabs. How does India look at this union of two economic superpowers? Every country wants to have good friends. They both have global ambitions and one goes about a decade back or lesser, they had invested heavily in Africa. They went there and tried to get hold of all the mines that were of strategic importance to them. They need nickel, gallium etc which are crucial for smart phone manufacturing. So, yes! They would be eyeing many such opportunities in their bilateral ventures.
China is known for its expansionism and they use their financial strength to arm-twist many countries, especially the economically weaker ones. “They are the Shylock kind of money lenders; they keep on lending money at exorbitant rates and then the poorer countries like Pakistan get into that vicious cycle where China takes hold of all their resources at very cheap rates. India is not at all bothered about their befriending the Arabs, because Chinese intentions are well known to the world,” says a concerned Sawant.
India says it is well aware that the Chinese mean business when they talk of befriending the Arabs. Together the two may explore many more avenues of business which strengthen their respective economies. Would their friendship affect India’s foreign policy in anyway? How affected or concerned is the Indian Government with this strategic partnership of China and the Arab nations?
Both Saudi Arabia and China are also part of G-20, and they must work in some areas of convergence that emerge from this global exercise. India closely follows whatever they are doing in terms of multilateral regional matters which impact the well being of all people, and also other matters that are taken up in G20, like climate change, green development and digital economy. India has sufficiently strong relations with the Arabs and its foreign policy will only be affected if China does something that is out of line of its interest.
Sawant reiterates that it is a matter of concern for India. The leader says that the alliance of China with the Arabs is definitely rooted in more trade and greater geo-political ambition. It can harm India. He says that China has this habit of deliberately targeting India’s neighbours, antagonizing them like it has been doing with Nepal, Bangladesh and Sri Lanka, all in a bid to weaken India. It has been their strategy and India should be worried about that. “India needs to revamp its foreign policy in dealing with China. On one hand we ban their apps but then our imports from them are also growing multi-fold, this has to stop. Even on the Bhutan front India needs to be more proactive in protecting the interests of people in that region,” argues Sawant.
If India looks at the China-Arab partnership through the prism of G20 then, it will jointly work on pressing global issues and is confident of a positive outcome. However, it would expect China to cooperate with it in its G20 endeavours. Does the Indian Government have any certain policy to enhance cooperation and influence in the Mid East Region? Yes, the Middle East is India’s immediate neighbourhood. India has an authentic historical and cultural relationship with them which is now nicely developing into a stronger and closer economic partnership. Gulf Cooperation Council (GCC) is India’s major economic partner; most of its energy comes from there. Also, it has huge Diasporas in the Arab countries who are emerging as investors in India’s growth and infrastructural development.
“Any foreign policy is good until is serves the interest of the country. Just on the basis of how you are welcomed by foreign countries and how we welcome them cannot help determine foreign policy; this is a holistic issue. The Chinese President comes here and enjoys a resplendent welcome but that doesn’t stop their army from attacking us. What exactly we do in the interest of the country will help shape up strong foreign policy with any country. The Arabs, though our good friends will obviously be happy with the trade agreements with China, but we must be wary that it does not harm us or our economy inadvertently,” says Sawant.
In the end, India must be confident of its faith and friendship with the Middle East. Being a long time economic partner of theirs, they also benefit from the fact that Indians living in the Arab nations are a huge plus point for them. While there seems to be a bit of skepticism about the China- Arab ties, India should be confident that this will not come in the way of their strong relations with the other 7 GCC countries.
Taliban and the crisis in Afghanistan
In 2021, the Afghan Taliban took back control of Afghanistan after fighting a rebellion for twenty years. The Taliban reformed and began regaining territory less than 10 years after the American-led invasion that overthrew the previous regime in 2001. In line with a 2020 peace agreement with the Taliban, they staged a swift assault as the US started to evacuate its last forces from Afghanistan.
Even though they promised to preserve the rights of women and communities of religious and racial minorities, the Taliban have enforced a strict interpretation of Islamic law. The Taliban have failed to provide Afghans with sufficient food supplies and economic possibilities as they have evolved from an insurgent organization to a functioning administration.
Numerous instances of human rights violations have been documented by the UN mission in Afghanistan. Because the Taliban scared off journalists and put limits on press freedom, more than 200 news outlets had to close. Activists and protesters have been tracked and forcefully disappeared, and their government has ruthlessly suppressed protests. They also reinstated the Ministry for the Propagation of Virtue and the Prevention of Vice, which was previously in place, and enforced laws against actions judged to be contrary to Islam. They instructed judges to apply their version of sharia in November 2022; in the following weeks, authorities resumed public hangings and floggings.
Women’s rights have been undermined. Due to restrictions put in place by the Taliban, girls are not allowed to go to high school, and women are not allowed to go to college or teach there. The group banned women from working for local and international voluntary groups in December 2022. According to estimates from the UN Development Program (UNDP), limiting women’s employment might cost Afghanistan’s GDP up to 5%. Amnesty International reports a substantial increase in the number of women jailed for defying discriminatory rules, such as those requiring women to cover their whole bodies while in public and to only appear with male chaperones. In addition, there are now more child marriages.
The UNDP says that the Taliban’s rule has also taken away the gains that Afghans made in their living conditions in the 20 years after the US invasion. In a study from October 2022, the organization claimed that practically all Afghans were living in poverty. Since the takeover, the economy has contracted by up to 30%, and there have been an estimated 700,000 job losses. More than 90% of individuals are impacted by food insecurity. The problem is getting worse because several countries and international groups have stopped giving aid, which is vital to the economy and public health.
International observers are nonetheless worried that the Taliban pose a danger to national and international security through their funding of terrorist groups, especially Al-Qaeda. Taliban leadership might convert Afghanistan into a haven for terrorists who could launch attacks against the US and its allies, despite Taliban pledges that the country’s territory wouldn’t be used against the security of any other country. The violence has also increased along Pakistan’s border with Afghanistan, which has always supported the Taliban. Tehrik-e-Taliban, a terrorist organization commonly referred to as the Pakistani Taliban, has gained strength due to the Taliban’s ascent to power. The organization broke off a cease-fire with the Pakistani government in 2022 and began carrying out assaults throughout the nation. Officials from Pakistan have charged the Afghan Taliban with giving the extremists a safe harbor in their country.
For many years, the Afghan government relied on help from a number of countries; according to 2019 World Bank research, contributions from foreign partners funded 75% of the government’s public expenditures. Many of these countries stopped off aid when the Taliban took control, fueling concerns about potential future economic turmoil. Nevertheless, aid rose in 2022 as donors sent more than $2.6 billion. The US has donated more than $1.1 billion in help since the coup. However, according to UN authorities, the pledges fell short of the nation’s humanitarian requirements.
Many Western countries, most notably the US, shut down their diplomatic posts in Afghanistan when the Taliban took power. Diplomatic relations and recognition have been withheld from the Taliban regime, which refers to Afghanistan as the Islamic Emirate of Afghanistan. The UN General Assembly has also postponed a decision on who would indefinitely represent Afghanistan at the UN. The Taliban are now being investigated by the International Criminal Court for suspected atrocities, including crimes against humanity, committed against Afghans.
Decoding Donald Lu’s Visit: A Positive Upward in US-Bangladesh Relations?
The U.S Assistant Secretary for South and Central Asia Donald Lu paid a visit from January 12 to 15. During his brief but swarming itinerary the two parties discussed various issues ranging from diplomatic to political. Interestingly, this is the 11th visit of any U.S high-official in the past two years. The frequent swapping of delegations from the both sides pose a critical juncture between the U.S-Bangladesh relationship. Experts believe that recurrent visits from US high-ups are definitely an auspicious sign between the relationship of the two nations. Therefore, the visit of Donald Lu is an offshoot of the “growing reciprocity and renewed engagement” between Dhaka and Washington.
Needless to say, Bangladesh has a long standing and steady relationship with the US since the latter recognized the former shortly after independence on April 04, 1972. Recently the US-Bangladesh celebrated the completion of 50 years of bilateral relationship and US President Joe Biden termed this as “robust partnership”. Amid such backdrop, it goes without saying that the recent visits signal to a significant positive tie-up between the two parties and the visit can be interpreted in the context of international and domestic backdrop of international politics.
The US is the largest market for Bangladesh’s RMG export. Naturally, the issue of GSP reinstatement plays a key role in bilateral camaraderie. Under such circumstances, Lu’s visit is important to hold talks of economic in the context of Bangladesh’s growing needs, especially after the LDC graduation. Moreover, in the annual Global Firepower 2023 Military Strength Ranking, Bangladesh is placed 40th out of 145 nations. On the other hand, Bangladesh came in 12th place on the GFP review’s list of ‘Strengths on the Rise,’ which emphasizes national military powers based on strong growth patterns until 2023. In this context, the General Security of Military Information Agreement (GSOMIA) and Acquisition and Cross-servicing Agreement (ACSA) agreement indicates to a deeper and strategic engagement from the US rationale.
Bangladesh’s stands at the heart of a strategic position of the US’s Indo-Pacific Strategy, which aims to counter the increasing footprint of China in the Indo-Pacific region. However, Bangladesh maintains a neutral position in terms of its foreign relations and has been carefully helming without taking any side of any major powers. Washington’s focus on free and fair election is important to maintain a stability in the greater Bay of Bengal neighborhood- an important feat in it’s IPS. Conversely, Bangladesh values economic partnership to sustain her ongoing upward trend. However, at the same time Bangladesh should be careful not to succumb to any pressure, a case in point when the Foreign Minister announced that the US proposed strategy is being vetted under the lens of economic opportunity.
On the domestic fore, arguably, the U.S has been advocating for a free and fair election, upholding democratic values, and condemning extra judicial excesses. However, continuous engagement between the two parties resulted helping to mitigate tensions and create a more positive atmosphere. The crux of Donald Lu’s visit is to reaffirm democratic ideals in state mechanism, rule based international system and Bangladesh to be part of the Indo-Pacific Strategy. Accordingly, Bangladesh has committed to hold a fair election and the recent decline of the controversial RAB’s extrajudicial excesses reported by Human Rights Watch as well as peaceful demonstrations of the opposition have been markedly praised by Donald Lu. From Bangladesh’s perspective rescinding of sanctions, reinstatement of GSP, and more support for Rohingya Refugees were reiterated. More importantly, Dhaka’s impartial foreign policy goals align with Washington’s interest in the South Asian region and it will be of American interest to consider Bangladesh as an important ally in the geopolitical chessboard of the Indo-Pacific region.
However, the visit is also crucial for Donald Lu who is accused of meddling with the internal affairs of Pakistan, Sri Lanka and Nepal. But, Donald Lu manifested his diplomatic acumen to “manage the fissures of the diplomatic ties’ and “highlight on the areas of convergence” in the recent visit. Evidently, the past year has been tumultuous for South Asian nations, following the collapse of Colombo, the Pakistani Economic Crisis and the revolving debt crisis around the region. Amongst her neighbors, Bangladesh has endured relatively steady political and economic pursuit. Therefore, US needs to formulate a comprehensive South Asian policy to accommodate the interests of the respective nations on its own merit.
Bangladesh’s relationship with the U.S is vital in both economic and political stance. Continued engagement and partnership between the two states is critical for the security of South Asia as well as Bangladesh’s ongoing economic prosperity. On a pragmatic tone, it would take more than just this one visit for Bangladesh to solve these complex geopolitical issues. For now, the visit has symbolized strengthening of U.S-Bangladesh relationship going forward by exonerating the mutual interests to diplomatically resolve pressing bilateral issues and elevation of continuous engagement.
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