One of the most fundamental human rights is the inalienable right to self-determination – the right to choose one’s own destiny and live according to the wishes of the people. It provides an enabling environment for the promotion and protection of all other basic freedoms. Due to its irrefutable importance, it has been accepted as a peremptory and universal norm of international law well-established in the United Nations Charter and various international conventions and declarations, thus, binding on all states. However, even with this strong normative foundation, we have unfortunately witnessed the blatant violation of the right to self-determination in different parts of the world. One such case is the Jammu and Kashmir dispute – one of the oldest items on the United Nations Security Council’s (UNSC) agenda.

Human rights are inherent to every human being and must be respected and protected by the international community as a common thread. Unfortunately, contrary to it, human rights remain an afterthought in the occupied territories. Observed as Kashmir Solidarity Day, Feb. 5 is the stark reminder that people of Indian Illegally Occupied Jammu and Kashmir (IIOJK) continue to languish under foreign occupation, suffer daily violations of their fundamental human rights. Since Aug. 5, 2019, the occupying power has unleashed a reign of terror in complete disregard of human rights standards. There are reams of reports from the U.N., international media and credible human rights organizations detailing grave human rights abuses including collective punishments, rape, extra-judicial killings, arbitrary detentions, torture and inhuman treatment, mental and psychological sufferings, enforced disappearances and internet blockades.

The latest ploy, taken out of the book of Palestinian occupation, is the forced demographic changes in the IIOJK by the occupying force including selective delimitation of electoral constituencies, issuance of fake domiciles to millions of non-Kashmiris, and addition of hundreds of thousands of temporary residents to alter local demographics. All these steps are aimed at undermining the right to self-determination of the Kashmiris and disenfranchisement of the majority local Muslim population of Jammu and Kashmir.

The Jammu and Kashmir dispute has its roots in the denial of the right to self-determination of the Kashmiris since 1947 – a right that was promised by the UNSC resolutions. These resolutions clearly elaborate that the principle of the right to self-determination cannot be set aside under the behest of any actions by the occupying power, be it legislative, executive or judicial. The U.N. legal position on the Jammu and Kashmir dispute continues to be guided by the relevant UNSC resolutions, a point well-articulated by U.N. Secretary-General Antonio Guterres in several of his statements. People of conscience around the world have lent their support to the oppressed Kashmiris in their peaceful and just struggle. The people of Jammu and Kashmir do not forget the principled and active voice of Türkiye in support of their right to self-determination.

The smoke screen of normalcy in IIOJK by the occupying power has been fully exposed by the Kashmiri diaspora, social media videos and pictures as well as reports of independent observers such as the Independent Permanent Human Rights Commission of the Organisation of Islamic Corporation (OIC). India, like other occupying powers, does not shy away from using the most brutal oppression to subjugate the Kashmiris. Inside IIOJK, the Kashmiri leadership has been put behind bars under concocted cases, while outside IIOJK, the unearthing of an Indian assassination network being used by its security apparatus to eliminate defiant voices around the world, has put Kashmiris’ lives at risk.

India’s failure to honor its commitments to the Kashmiri people and the international community brings into question its standing as a responsible state amongst the comity of nations. There cannot be peace in South Asia and beyond without a just solution to the Jammu and Kashmir dispute, in line with the relevant UNSC resolutions which call for a free and fair plebiscite in Jammu and Kashmir under the auspices of the U.N.

The international community must not allow further erosion of the international framework for the protection of basic human rights. It must show solidarity with the people under occupation. Kashmir Solidarity Day is commemorated every year with this very spirit. Together we can become the voice of the oppressed. Together once again build trust in the international system – a system where humanity triumphs above all.