Getting even better, on the last day of a leap year.
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Tuesday, 31 December 2024
Monday, 30 December 2024
Daily Diary (DD) - Day 365 of 2024
1337hrs:
Performing better than the day before is always an incentive to do even better in the coming days, weeks, months and years ahead.
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Sunday, 29 December 2024
Daily Diary (DD) - Day 364 of 2024
1607hrs:
Faltering somewhat but still conscious of my responsibilities.
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Saturday, 28 December 2024
Daily Diary (DD) - Day 363 of 2024
1235hrs:
Turning the tide of time once again to ensure that the utmost is extracted for public interest.
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Friday, 27 December 2024
Thursday, 26 December 2024
Wednesday, 25 December 2024
Daily Diary (DD) - Day 360 of 2024
2302hrs:
Trying once again to make ground on time.
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We continue to try and make full use of Dr Nazir Gilani's presence in the vicinity by cross referencing his note on the Joint Awami Action Committee (JAAC) today:
احتیاط
عوامی ایکشن کمیٹی بمقابلہ حکومت آزاد کشمیر
The Joint Action Committee (JAC) VS the Government of Azad Kashmir
Be careful in responding to a genuine grassroots struggle for socio-economic rights
The Joint Action Committee (JAC) movement in Azad Jammu and Kashmir (AJK), which seeks affordable electricity tariffs, subsidized flour, and other essential provisions, represents a genuine grassroots struggle for socio-economic rights. The criticism levelled against it for neglecting broader political issues, such as India's actions on 5 August 2019, and the baseless allegation of being "India-sponsored," reflects a historical pattern of discrediting dissent in AJK. However, both historical and international precedents substantiate the legitimacy of the JAC’s demands and counter these criticisms.
Historical Context and Pakistan’s Precedents
Pakistan’s approach during critical historical moments provides a strong foundation to defend the JAC's focus on socio-economic concerns. In response to India's complaint to the UN Security Council (UNSC) on 1 January 1948, Pakistan submitted three documents on 15 January 1948 outlining six demands. These demands addressed a spectrum of issues beyond Kashmir, including:
1. Allegations of Genocide: Pakistan raised concerns about atrocities against Muslims in East Punjab and Delhi.
2. Occupation of Junagadh: Pakistan opposed India's annexation of Junagadh, advocating for the self-determination of its people.
3. Military Threats: Pakistan highlighted India's alleged threats of military aggression.
4. Interference in Hyderabad: Concerns about India’s stance toward the princely state of Hyderabad were also emphasized.
5. Economic Coercion: Pakistan addressed the economic pressures stemming from the partition, including disputes over resources.
6. Kashmir Dispute: While significant, Kashmir was one of many issues presented to the UNSC.
This multifaceted approach demonstrated Pakistan’s recognition of diverse challenges and the need to address them collectively, rather than focusing singularly on one issue. Criticizing the JAC for prioritizing socio-economic grievances over Kashmir mirrors the narrow thinking that Pakistan itself rejected in 1948.
Defence of the JAC Movement
1. Legitimacy of Popular Movements: The JAC’s demands align with fundamental human rights, such as access to affordable resources and economic stability, enshrined in international law through instruments like the Universal Declaration of Human Rights (UDHR). Labelling such a movement as “India-sponsored” disregards the genuine hardships faced by the people and echoes a discrediting tactic historically used in AJK since 1948.
2. UN Perspective on Constituencies: Accusations of being “India-sponsored” inadvertently validate the existence of an Indian constituency in AJK, akin to the recognized Pakistani constituency in Indian-administered Jammu and Kashmir. Under UN frameworks, this symmetry necessitates equal legitimacy and protection for all constituencies advocating for their rights in contested territories.
3. Relevance of Socio-Economic Rights: Addressing immediate socio-economic issues does not diminish the importance of larger political contexts like the Kashmir dispute. On the contrary, alleviating basic hardships strengthens the foundation for political engagement and ensures that the population is empowered to advocate for their broader rights effectively.
4. Historical Symmetry: Pakistan has historically championed the cause of Kashmiri self-determination in Indian-administered territories, framing such movements as legitimate expressions of popular will. Applying a double standard to similar expressions of dissent in AJK undermines Pakistan’s principled stance on human rights and self-determination.
Conclusion
The JAC movement’s focus on socio-economic rights is consistent with Pakistan’s own historical strategy of addressing multiple issues simultaneously. Discrediting the movement with baseless allegations of foreign sponsorship ignores its genuine grievances and the precedent set by Pakistan at the UN in 1948. Recognizing and addressing these demands aligns with international principles, enhances the legitimacy of governance in AJK, and strengthens the moral and political foundation for addressing the broader Kashmir dispute.
Dr. Syed Nazir Gilani
President JKCHR
25 December 2024
_the note above can also be accessed via the following hyperlink
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Tuesday, 24 December 2024
Monday, 23 December 2024
Daily Diary (DD) - Day 358 of 2024
0933hrs:
Twisting the tide of time yet further.
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This following note by our foremost expert on the UN template on Jammu Kashmir namely Dr Nazir Gilani will be an important reference in the coming weeks, months and ultimately years:
ناکامی کے ذمہ دار
آئینی ذمہ داریوں سے انحراف!
Argument: The Failure of Azad Kashmir and Pakistan to Discharge Constitutional Duties and Its Impact on the Kashmiri Cause
__________________a______________________
1. The Constitutional Responsibility to Institutionalize Plebiscite Efforts
1. The Mandate of Section 8 of the AJK Act 1970 and Section 11 of the AJK Act 1974
o These constitutional provisions explicitly obligate the Azad Jammu and Kashmir (AJK) Government to institute a framework for plebiscite advocacy, which is central to the Kashmir issue.
o Section 11 of the 1974 Act reinforces AJK’s role as a base camp for the Kashmiri struggle, specifically requiring the government to work toward facilitating a plebiscite under UN supervision.
2. The High Court’s 1999 Judgment
o The AJK High Court's ruling in April 1999 directed the government to appoint a Plebiscite Advisor (PA) and institutionalize efforts for a plebiscite. The judgment also set qualifications for the PA to ensure effective advocacy at national and international levels.
o This judgment was an opportunity for AJK to strengthen the Kashmiri narrative, fulfill its constitutional duties, and operationalize its role in the Kashmir dispute.
3. AJK Government’s Defiance and Lame Excuses
o The government’s failure to act on the judgment, citing budgetary constraints and Indian unpreparedness, reflects negligence and contempt of court.
o These excuses are laughable because:
Budgetary Constraints: The allocation of resources for the plebiscite framework is central to AJK’s constitutional role, and prioritizing it over other expenditures was necessary.
Indian Unpreparedness: The mandate of the plebiscite framework under Section 11 is independent of India’s actions. AJK assumed responsibilities under UNCIP (United Nations Commission for India and Pakistan), and its duties are not contingent on Indian readiness.
________________________________________
2. Impact of Neglecting the Plebiscite Framework on 5 August 2019
1. Institutional Framework Would Have Strengthened Kashmir’s Position
o If the AJK Government had acted promptly in 1999, the appointment of a Plebiscite Advisor and institutionalization of plebiscite advocacy would have:
Built International Support: The PA would have spearheaded global awareness campaigns, engaged with international bodies, and pressured India diplomatically.
Mobilized National and Diaspora Advocacy: The PA would have united the Kashmiri diaspora and galvanized public opinion, creating sustained pressure on both India and Pakistan to adhere to UN resolutions.
Blocked India’s Narrative: India’s unilateral action on 5 August 2019 to revoke J&K’s special status under Article 370 could have faced significant global resistance if a robust Kashmiri-led advocacy framework was in place.
2. Strengthened Kashmiri Agency
o The framework would have empowered the Kashmiri people to lead the discourse on their future. This could have prevented the reliance on Pakistan’s often self-interested representation of the Kashmiri cause.
3. Eroded India’s Justification for 5 August 2019
o India has consistently argued that the lack of organized Kashmiri advocacy justifies its unilateral actions. A robust institutional framework in AJK would have countered this narrative, making it harder for India to claim J&K’s integration into the Union.
________________________________________
3. Failure of AJK and Pakistan: Exploiting a Compliant Kashmiri Leadership
1. A Culture of Compliant Leadership
o By neglecting its constitutional duties and defying the High Court judgment, the AJK Government has created an environment where compliant leadership thrives.
o Both the AJK Government and Pakistan have exploited this compliant leadership to maintain control over the Kashmiri narrative, sidelining genuine Kashmiri voices advocating for self-determination.
2. Pakistan’s Role as a Party with Interests
o Pakistan’s approach often prioritizes its territorial claims over the aspirations of the Kashmiri people. By failing to support the institutionalization of plebiscite efforts, Pakistan has weakened its credibility as an advocate for Kashmiris.
________________________________________
4. The Merits of JKCHR’s Work on Section 11 of the AJK Act 1974
1. Visionary Leadership and Advocacy
o JKCHR’s petition in 1992 was a pioneering effort to compel the AJK Government to fulfill its constitutional obligations. By focusing on Section 11, JKCHR emphasized the importance of institutionalizing advocacy for the plebiscite as a cornerstone of the Kashmiri struggle.
2. Addressing Neglect and Accountability
o The petition highlighted the longstanding neglect of constitutional duties by the AJK Government and called for accountability. JKCHR’s work exposed the lack of political will and administrative initiative, forcing the issue into the judicial domain.
3. A Roadmap for the Future
o The High Court’s 1999 judgment, catalyzed by JKCHR’s efforts, provided a clear roadmap for plebiscite advocacy, including the appointment of a qualified Plebiscite Advisor.
o JKCHR’s emphasis on implementing this framework remains relevant today, as it is essential for reclaiming Kashmiri agency and countering India’s unilateralism.
________________________________________
5. Educating the Public: Raising Awareness of Neglect
1. Expose the AJK Government’s Failures
o Public campaigns should focus on educating Kashmiris about how the AJK Government’s neglect of the High Court judgment weakened their position internationally and allowed India to act unilaterally on 5 August 2019.
2. Highlight JKCHR’s Role
o Efforts like those of JKCHR must be celebrated and amplified as examples of visionary leadership. This will inspire others to hold the AJK Government and Pakistan accountable for their inaction.
3. Mobilize Civil Society and Grassroots Movements
o Civil society organizations and grassroots movements must be empowered to demand the implementation of the High Court’s judgment and advocate for Kashmiri-led initiatives.
________________________________________
6. Conclusion: A Missed Opportunity and the Path Forward
The failure of the AJK Government and Pakistan to act on the 1999 High Court judgment institutionalizing plebiscite advocacy is a grave dereliction of duty. This neglect not only undermined the Kashmiri cause but also enabled India’s unilateral actions on 5 August 2019.
JKCHR’s work on Section 11 of the AJK Act 1974 remains a blueprint for reclaiming Kashmiri agency. Moving forward, the Kashmiri people must demand accountability from both the AJK Government and Pakistan, reject compliant leadership, and establish a robust institutional framework that centers their aspirations and voices on the global stage. Only by reclaiming ownership of their cause can Kashmiris effectively counter the narratives imposed by both India and Pakistan.
Dr. Syed Nazir Gilani
President JKCHR
23 December 2024
_the above note can also be accessed at the following hyperlink
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Sunday, 22 December 2024
Saturday, 21 December 2024
Daily Diary (DD) - Day 356 of 2024
2056hrs:
Turning the tide of time or rather trying to schedule more and more activities into a daily routine.
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Friday, 20 December 2024
Daily Diary (DD) - Day 355 of 2024
2305hrs:
Who decides what is possible and what is not? Humans? Nature?
I sense a whole new philosophical paradigm can be designed around these questions.
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Thursday, 19 December 2024
Wednesday, 18 December 2024
Daily Diary (DD) - Day 353 of 2024
2307hrs:
Recovering reasonably well, as the field of AJK and more immediately the district of Kotli awaits us.
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Tuesday, 17 December 2024
Daily Diary (DD) - Day 352 of 2024
2246hrs:
My health has deteriorated since last night. Naturally, I am fighting back.
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Monday, 16 December 2024
Sunday, 15 December 2024
Saturday, 14 December 2024
Daily Diary (DD) - Day 349 of 2024
2315hrs:
Leaving it late yet again. It's almost always one last folly.
Meanwhile, the thoughts that have been germinating in my mind of late take me to a challenging intersection.
That between 27 kanaals (0.005% or 1/200th of a square mile) of private land shared with my family and c. 85,000 square miles of a country shared with over 20 million co-citizens.
It is increasingly looking likely that I will have to forego my share (0.002% or 1/500th of a square mile) so that over 20 million people can secure c. 85,000 square miles of a country, occupied by 3 neighbours directly and at least 2 others indirectly.
The phrase borrowed from Eastern wisdom is paraphrased thus: sacrifice everything and expect nothing in return.
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Friday, 13 December 2024
Daily Diary (DD) - Day 348 of 2024
2304hrs:
This habit of posting my daily entry in the last hour of the date in question has cost me a few times before. Best I break this late habit and pursue it as an early habit in the day, as soon as possible.
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Thursday, 12 December 2024
Daily Diary (DD) - Day 347 of 2024
2332hrs:
A day that started at 0400hrs is now winding down.
Much to work on. The passion remains incessant but the need to remain calm, even when a lot needs to be done in a short space of time, is an acquired skill.
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Wednesday, 11 December 2024
Daily Diary (DD) - Day 346 of 2024
1753hrs:
Rolling on, especially with the Zubair Bhatti issue, which is now into its 32nd day, 29 of which he has spent in incarceration.
The document that has been generated at Daily Diary (DD) - Day 324 of 2024 is now up to date, with various written notes by international legal & academic experts and video statements from a diverse range of co-citizens from throughout the territory of AJK.
We will be presenting this document in hard copy to the deputy commissioner of Kotli tomorrow morning at 1100hrs, for the record as well as to give him ample space for thought on what the consequences of restricting a co-citizen's freedom of movement implies.
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Tuesday, 10 December 2024
Daily Diary (DD) - Day 345 of 2024
1150hrs:
We have missed out on yet another daily web entry this year. Day 344 was not to be as it left late again yesterday. I had fallen asleep even before the closing of our daily Space yesterday at 2300hrs.
Another harsh lesson to blog early.
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Moving onto dealing with the pending issue of Zubair Bhatti in Kotli. I had been committed to spending time with family of late.
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Sunday, 8 December 2024
Daily Diary (DD) - Day 343 of 2024
2309hrs:
An exhausting 4 days, though delivering outstanding results in public interest.
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Saturday, 7 December 2024
Daily Diary (DD) - Day 342 of 2024
1422hrs:
Sehnsa is more alive today than it has ever been.
Welcome to Jammu Chowk, Sehnsa...all roads in district Kotli lead to this junction.
Friday, 6 December 2024
Thursday, 5 December 2024
Daily Diary (DD) - Day 340 of 2024
1934hrs:
Weblogging about 12 hours later than I would have wanted to.
Still dealing with bereavements in this short life.
Meanwhile, the people of AJK have achieved yet another milestone on this day.
A complete & indefinite shutdown of the territory has been observed from today, to strike another blow in the utterly inhumane system of governance we have endured since 1947.
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Wednesday, 4 December 2024
Daily Diary (DD) - Day 339 of 2024
0818hrs:
There are still chinks in the armour of this activist. However, weblogging at this time of the day is a sign that those chinks are in the process of erasure.
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Tuesday, 3 December 2024
Daily Diary (DD) - Day 338 of 2024
1519hrs:
Travelling to all the houses of the deceased is a custom our people continue to maintain.
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Monday, 2 December 2024
Daily Diary (DD) - Day 337 of 2024
2306hrs:
One has to keep on changing themselves in order to improve, in order to deliver to their people.
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A day at home today. A rest day of sorts.
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Sunday, 1 December 2024
Daily Diary (DD) - Day 336 of 2024
2242hrs:
Almost leaving it too late....motoring on regardless....
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