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G20 Summit 2023, Human Rights Situation, Conflict Transformation, and Climate Change in Jammu and Kashmir. 
By Sardar Aftab Khan

The 18th G20 Leaders' Summit, including heads of state and governments, will be held between September 9-10 in New Delhi, India. Ahead of the Summit, a range of meetings among ministers, senior officials, and civil societies are being held across India. Ironically, one such 3rd tourism working group meeting is also scheduled to be held in Srinagar, the capital of disputed State of Jammu and Kashmir, on 22-24 May 2023.

The conflict in Jammu and Kashmir is complex, longstanding and with deep historical roots and multifaceted causes. G20 Leaders and the international community need to have a nuanced understanding of the conflict and its impact on the region's people. It needs to take practical steps towards a peaceful resolution of the predicament. The international community’s engagement with this issue can significantly contribute to resolving the conflict and will be a valuable step towards building a more peaceful and prosperous world. Kashmir is a test case before the international community in its resolve of raising a just and liberal order.

Jammu and Kashmir is a region with a rich history and unique cultural and archaeological significance. However, the region has become hostage to an ever-present tension between India and Pakistan. The Kashmir conflict is termed as nuclear flashpoint between India and Pakistan and any escalation of the conflict will have severe consequences for international peace and security. Furthermore, climate change and a longstanding conflict can exacerbate food security, human development, and the human rights situation.

The Kashmir conflict is one of the oldest unresolved conflicts in the world, and the human rights situation in the region remains a serious matter of concern. The UN Human Rights Commissioner's report on Jammu and Kashmir, released in July 2019, presented a detailed account of the human rights situation in the region, and called for urgent action to address the many challenges faced by the population.

The situation in Jammu and Kashmir is complex, with many legal and political issues at play. Therefore, it is essential to consider the jurisprudence of the Kashmir’s case and the human rights situation in the region. It is imperative to promote conflict transformation and reconciliation. The negative impacts of rampant tourism and climate change in Jammu and Kashmir also need to be measured.

The G-20 countries have significant political and economic influence. This influence needs to be used to promote dialogue, restraint, economic development and regional cooperation between India, Pakistan, and the international community. Additionally, it is essential to promote nuclear nonproliferation efforts in the region to reduce the risk of a nuclear confrontation. The G20 countries can play a crucial role in supporting these efforts and encouraging both India and Pakistan to participate in international efforts to engage Kashmiris as a principal party to the dispute, reduce nuclear weapons and promote nuclear non-proliferation for sustainable peace in the region.

The jurisprudence of the Kashmir Case

The jurisprudence of the Kashmir’s case has been a matter of concern for the international community. The people of Jammu and Kashmir have been struggling for their right to self-determination, which has been recognized under several United Nations Security Council (UNSC) resolutions. However, the implementation of these resolutions has yet to be carried out, and the region remains a disputed territory.

The Kashmir conflict has a long and intricate legal history, with multiple international treaties and legal frameworks at play. In particular, the United Nations Security Council (UNSC) has passed several resolutions on the conflict, including Resolution 47, which calls for a plebiscite to determine the region's future status. Furthermore, several legal challenges are reshaping the contours of the conflict most importantly, revocation of the Articles 370 and 35-A of the Indian Constitution by the government of India. Therefore, we recommend the following steps to promote conflict transformation:

a)    Encourage the government of India to engage in dialogue with all parties to the conflict to find a peaceful and sustainable resolution to the conflict.

b)    Advocate for the implementation of the UNSC resolutions on the conflict, which calls for a plebiscite to determine the region's future status.

c)     Demilitarization and end to gross human rights’ violations in Jammu and Kashmir.

d)    Support the development of legal and political mechanisms that promote conflict transformation and reconciliation.

Human Rights Situation

The egregious human rights situation in Jammu and Kashmir has been a matter of concern for many years. The conflict in the region has resulted in a range of human rights abuses, including extrajudicial killings, enforced disappearances, and arbitrary detentions. Furthermore, there have been restrictions on freedom of movement, expression, and assembly. Therefore, we recommend the following steps to address the human rights situation in Jammu and Kashmir: 

1.     Encourage the government of India to lift restrictions on freedom of movement, freedom of expression, and freedom of assembly in the region.

2.     Call for an independent and impartial investigation into all allegations of human rights abuses in the region.

3.     Advocate for the release of all political prisoners and detainees in the region.

4.     Support the development of human rights education and awareness programs in the region to promote respect for human rights.

5.     The immediate release of the journalists, activists and political workers who have been incarcerated for many years without any conviction.

Conflict Transformation

The conflict in Jammu and Kashmir has significantly impacted the region's economy and social fabric. Therefore, promoting conflict transformation and reconciliation in the region is essential. We recommend the following steps to promote conflict transformation: 

1.     Encourage dialogue between all parties to the conflict, including civil society organizations, political parties, and government officials.

2.     Support the development of economic programs that promote peace and reconciliation, such as joint economic development projects.

3.     Promote cultural exchange programs between communities to foster mutual understanding and reconciliation.

4.     The free movement across the ceasefire line between people from Azad Kashmir and Indian held Kashmir.

5.     Support initiatives that promote interfaith dialogue and cooperation.

Tackling Climate Change

Climate change can exacerbate the conflict and the human rights situation in Jammu and Kashmir. Therefore, it is essential to take steps to minimize their adverse impacts. We recommend the following steps: 

a)    Encourage the development of sustainable tourism practices that minimize the negative impacts on the environment and local communities.

b)    Promote responsible and sustainable tourism practices that respect local customs and traditions.

c)     Ensuring the protection of the lands of native Kashmiris which are getting taken away after the revocation of 35-A.

d)    Support the development of renewable energy projects to reduce reliance on fossil fuels and decrease greenhouse gas emissions.

e)    Promote the use of sustainable water and waste management practices in the tourism industry.

Conclusion

Jammu and Kashmir is though a region of outstanding beauty and cultural significance, but it is also a region haunted by conflict and human rights abuses. By implementing the recommendations outlined above, the G20 countries can support promoting human rights, conflict transformation, and sustainable development in Jammu and Kashmir. We urge you to consider these recommendations and take practical steps to support conflict transformation, peacebuilding, and peaceful resolution to the conflict. It is also urged to have sustainable development in Jammu and Kashmir while minimizing the negative impacts of climate change on the region.

About the author:

Sardar Aftab Khan is the Executive Director of Kashmir Development Foundation. He can be reached via e-mail: kdfajk@gmail.com  Dated: 14th May 2023

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