ISLAMABD: India’s abstention on UN General Assembly’s landmark resolution calling on International Court of Justice (ICJ) to give an opinion on legal consequences of Israel’s illegal occupation of Palestinian territories, reflected New Delhi’s drive to pursue Israeli model of demographic engineering in Indian Illegal Occupied Jammu and Kashmir (IIOJK) to turn Muslim majority into minority, diplomats said. 193-member Assembly voted 87 in favour to 26 against with 53 abstentions on resolution, co-sponsored by Pakistan, which saw Western nations divided but it garnered unanimous support of Islamic world. Russia and China voted in favour of resolution. Israel, US and 24 other members including United Kingdom and Germany voted against resolution, while India and France were among 53 nations that abstained.

“India’s abstention derives from its own policies of occupation in Jammu and Kashmir, usurpation of Kashmiri lands, demographic change and denial of right to self-determination precise issues of Israeli occupation on which General Assembly has sought an advisory opinion from ICJ.” Pakistan’s UN Ambassador Munir Akram said in in an interview with APP correspondent. “Israeli culpability in Palestine will also confirm India’s culpability in IIOJK,” Pakistani envoy added. Resolution - titled ‘Israeli practices affecting human rights of Palestinian people in Occupied Palestinian Territory, including East Jerusalem’-calls on ICJ to determine “Legal consequences arising from ongoing violation by Israel of right of Palestinian people to self-determination” as well as of its measures “aimed at altering demographic composition, character and status” of holy city of Jerusalem.

It also calls on UN Secretary-General to present report on implementation of resolution in upcoming session of UN General Assembly in September 2023. Ambassador Riyad Mansour, Palestine’s permanent observer to United Nations, hailed countries that were “Undeterred by threats and pressure” and voted in favour of resolution. “This vote comes one day after new Israeli government was formed pledging to accelerate colonial and racist policies against Palestinian people,” Ambassador Mansour added. Abstention from India, which portrays itself as supporter of Palestinian cause, was especially noted as it underlined its apprehensions about implications of referral of issues of occupation, illegal settlements and demographic change to ICJ. By revoking Article 35 A of Indian Constitution in August 2019, Hindu nationalist government of Prime Minister Narendra Modi opened the floodgates of Israeli style settlements in Jammu and Kashmir as part of ethnic cleansing of indigenous Muslim residents of region.

Kashmir’s special status had ensured that non-local businesses were barred from operating in region without lease agreement with government. Following abrogation, all mining bids in disputed territory were solicited online at time when internet connectivity was still restricted in Kashmir. Result was death blow to Kashmiri businesses: for first time, 70 percent of all mineral contracts in Kashmir were awarded to non-Kashmiris. Not only that, but it also issued “Jammu and Kashmir Grant of Domicile Certificate (procedure) rules” providing fast-track procedure for issuance of Kashmiri domicile certificates, within 15 days, to people from any part of India. Sense of urgency to legalise region’s status is further underscored in new rules since non-compliance with time frame provided therein attracts penalty of Rs 50,000 from salary of an errant officer. Rules also cover 700,000 armed forces personnel stationed in Jammu and Kashmir, along with their families, that in effect turn occupiers into settlers in occupied land. Fernand de Varennes, UN special rapporteur on minority issues and Ahmed Shaheed, special rapporteur on freedom of religion or belief, said after changes, region’s people “Have lost power to legislate or amend laws” to protect their rights as minorities.

Published in The Daily National Courier, January, 03 2023

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