Charting out a new Kashmir Nation

India successfully invaded an independent Jammu Kashmir and happily upgraded the military cantonment that Indian terrorist forces converted the valley into over decades. In the process thousands and lakhs of innocent Kashmiris and Pakistanis have been martyred.

Foreign invasions are not new to mankind; historically speaking, militarily strong nations always invaded less powerful and weak nations with a view to controlling the resources and peoples to the advantages of the occupiers. The colonies so formed by the aggressors have to sub-serve their neo-masters religiously. In cases of refusal and reluctance to obey the foreign master, the colonizers and masters would quickly initiate ruthless actions, including destruction and genocides. This had been the picture in the remote past and, alas, the same tragic situation continues even today in more cruel ways than in the past in countries under foreign occupation.

Kashmir, unfortunately, belongs to this category of nations and India is the state terrorist occupying, killing and destroying the people in Jammu Kashmir. Indian masters through deadly military occupation and atrocities have converted the Kashmir, a land of peace into cantonment. Since the evil forces of economic exploitation, cultural suppression and political manoeuvrings have always eyed upon Jammu Kashmir, India, which annexed Kashmir in 1947, thinks it has legitimacy and should enjoy Kashmir life in a grave-yard form.

But now the task before the people of Jammu Kashmir is to regain the lost sovereignty and rebuild Kashmir from the scratches because Indian terror demons have destroyed almost every thing that was good in Kashmir since 1947 in a sustained and systematic manner.

How and When to declare Independence ?

Along side the colonization spree, the move to gain independence by suppressed subjugated also gained momentum, though in a phased manner. Several nations got their freedom and sovereignty back from the tyrants and many new nations came into being, including Pakistan, India, Bangladesh and quite recently Montenegro. Unlike Great Britain which granted freedom to many of its colonies, India still undecided about the need to follow its example, though it does worse to Kashmir than what England did to India. Montenegro was granted independence by its parent nation, Serbia-Yugoslavia.

Recently with Kosovo unilaterally declaring independence and a host of wannabe states looking to follow its lead, it is quite obvious that the freedom fighting Kashmiris also might be thinking it's about time to reset up their own country. But it is appropriate for Kashmiris to consider a few step to be able to make their intention explicit so as to compel both India and UN to seriously favor a quick resolution of Kashmir freedom issue.

A distinct group of people as majority population, a constitution, a flag, currency, a national language that describes the territorial composition of Kashmir state, are among the units making the structure of a new country. After having picked out a flag, written a national anthem, even printed up money with new State's picture and emblem on it, the Kashmir nation has to still consider a few more issues. .

Step 1: Eligibility

Patriotic Kashmiris must make sure they are eligible to a separate nation and membership of the UN. Of course, they are. As tempting as it might be to declare their cubicle a sovereign state, customary international law actually does specify minimum standards for statehood. That is Kashmiris must have a defined territory. They must have a permanent population. They must have a government, capable of conducting its own affairs independently and interacting with other states. Kashmir should have the intention of maintaining good neighborly relations. India could raise unnecessary objections by once again, raising the bogey of "terrorism" to obstruct the UN membership. (This one is somewhat controversial. It was included as a qualification in the 1933 Montevideo Convention, which established the United States "good neighbor" policy of nonintervention in Latin America , but is generally not recognized as international law.) Because countries  obstructing to a new nation coming up in the near could use that as a weapon to state the new neighbor, if given UN status, would not maintain friendly ties with them.

Jammu Kashmir is eligible precisely because it once existed as an independent sovereign nation before it was skillfully invaded and tactfully and illegally annexed by India.

Step 2: Declare independence

  Kashmir has to declare independence and notify to the UN for immediate action towards membership and recognition, etc. For seeking membership of UN a nation is required to fulfill certain criteria. But just because you've met the qualifications and declared yourself independent doesn't mean that you're going to be taken seriously. Kashmiris have to pursue the genuine issue vigorously. There are so many nations like Transnistria, Somaliland, and a host of other countries that won't be marching at the Olympics anytime soon. Even the Principality of Sealand"”located on a 10,000-square-foot platform in the North Sea "”has tried with mixed success to claim sovereignty under these qualifications.

However, now that your state is established, there are certain benefits you can expect, even if you're not recognized by anyone. "Once an entity has established itself as a de facto state, it will benefit from territorial integrity and certain guarantees of sovereignty," says Stefan Talmon, professor of public international law at Oxford University and author of Recognition in International Law. "For instance, now that Kosovo is established as a state, Serbia can no longer freely attack it to bring it back into Serbia. It benefits from the prohibition of the use of force under the U.N. Charter." These rules were established during the Cold War to protect new states that were not yet recognized by one bloc or another.

Step 3: Get recognized

There's not much point in having your own country unless other countries acknowledge your existence. International recognition is what gives country legitimacy in the international community and what ultimately distinguishes the New Zealands of the world from the Nagorno-Karabakhs. Naturally, though, the established countries are going to take some convincing. "Recognition is quite complicated because it combines international law and international politics," Talmon says. "Some people say that recognition is a purely political act. It is at the discretion of existing states whether they recognize, so there is no right to recognition."

This was especially true during the Cold War, when the national legitimacy of North and South Vietnam, North and South Korea, and East and West Germany depended on which side you asked. Even today, a number of entities are recognized as states by some countries, but not by others. Palestine, Taiwan, and Northern Cyprus fall into this category.

The United States has no official policy on what is required for recognition, according to its State Department. Instead, the decision to recognize a state is made by the president. Then the president decides whether to establish diplomatic relations with the state based on U.S. national interests. There's no cookie-cutter approach, so when one asks for recognition, be sure to explain how one's independence will be good for America. In the old days, proving one's anti-communist creed was usually good enough. Today, U.S. strategic priorities are a bit more complex, though as Kosovo proves, ticking off the Russians still helps and US decides literally every thing in global matters.

Step 4: Join the club

Since its founding in 1945, membership in the United Nations has become the gold standard of international legitimacy. When a new nation is admitted to the U.N. a new nation is legally formed. That is a form of approval for the world. "It's like a stamp that says a particular nation is now a full member of the international community."

Applying for U.N. membership is a breeze. According to U.N. rules, all you need to do is write a letter to the secretary-general requesting membership. These letters are remarkably short and simple. For a handy template, check out the successful application of Montenegro, the United Nations' most recent member.

Kashmiris can mail their application to:

Ban Ki-moon,
Secretary-General
The United Nations
First Avenue, 46th St.

New York, NY 10017

USA

Recognition

Now comes the hard part. The Security Council must refer the applicant seeking membership in UN to the General Assembly, which must determine by a two-thirds majority that Kashmir is a "peace-loving state" that can carry out the duties of the U.N. Charter. That means trouble makers can create problems for any sincere applicant with the most eligible characteristics can harm by delaying the membership.

 The point at which a territory officially becomes a country is very much in the eyes of the beholder. International recognition can be an elusive prize. The longer you wait, the better your chances become. In international law, which is often based on custom, the longer you can maintain your de facto sovereignty, the more likely you are to be accepted.

UN which has become an official institution for lucrative trade in weapons, nuclear materials and other "strategic goods", is forum to play international group politics, rather gang politics. The biggest obstacle to U.N. membership is power politics. Neither North nor South Korea got U.N. membership until 1991 because of vetoes by one bloc or another during the Cold War. Even today, Russia's veto on the Security Council will probably prevent Kosovo from gaining a seat at the table anytime soon. Russia is keen to deny freedom to fighting Chechens to regain independence from Moscow. The Republic of China, Taiwan, was one of the founding members of the United Nations and once had a "permanent" seat on the Security Council. But Taiwan was booted out in favor of the People's Republic of China in 1971, after U.S. President Richard Nixon decided to cozy up to Beijing. The Taiwanese government has applied for membership every year since 1993, but to no avail. The UN didn't even bother to open Taiwan's recent letters.

A number of unrecognized states have applied for U.N. recognition over the years, including American-Indian tribes, but without the credibility bestowed by bilateral recognition; these applications are usually just filed away and without proper pursuance no one cares even in UN.  

The strength of Kosovo's bid for independence from Serbia is based largely on the fact that it has, for all intents and purposes, been independent for almost a decade. In a more extreme example, the 900-year-old Sovereign Order of Malta has diplomatic relations with 100 countries and observer status at the United Nations even though its entire territory is contained in a few buildings in Rome.

So Kashmiris don't be discouraged, rather this is an encouragement appeal. Starting and making Kashmir as the own country of Kashmiris isn't impossible. It's just going to require a lot of patience and the right friends who matters in decision making at global level and, unfortunately, India has leverage with these sources, Kashmiris Have to make extra efforts and caution.

One fact remains a crucial supporting factor of Kashmir's legitimate clemency for UN membership; that is the truth that Kashmir was once an independent nation having it own sovereign government and all necessary infrastructural institutions.

A Word

Of course world has now got a fair idea about Kashmir issue and India cannot go on fooling the world bodies just because they can pull strings  in many capitals by using its newly acquired cash muscle, overtly anti-Islamic and pro-terrorism media and pro-India elements in Jammu Kashmir. Hindu terrorism cannot keep Jammu Kashmir under Indian control for ever and, therefore, it is time now declare independence to Kashmir. It is the duty of all right thinking Indians to support the cause of defenseless Kashmiris and their birth right for sovereignty and decent life. It is top responsibility of the educated Indians to argue for the right of Kashmiris to self-rule, freedom and sovereignty. "Big regional boss" India must let the remaining Kashmiris live peacefully, please!

Not only that Kashmir is a clear case for admission into UN and other global bodies as an independent nation, it also does not have any problems of serious nature, other than Indian terror interference. As soon as India decides to grant sovereignty back to suffering Kashmiris, Kashmir will be literally eligible to join UN as a legitimate member and pursue its domestic and foreign policies independently. 

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