Use of mercenaries as a means of violating human rights
and impeding the exercise of the right of peoples to self-determination
Note by the United Nation Secretary-General,
A/49/362, 6 September 1994 (excerpts)
13. On 4 January 1994, the Government of India sent the following communication
to the Special Rapporteur:
"Induction of alien mercenaries in Jammu and Kashmir, an integral part of India,
has intensified in the recent past. Pakistan has escalated its programme of
recruitment, training, financing and arming of alien mercenaries as part of its
offensive in Jammu and Kashmir. The concerned authorities in India have reliably
ascertained that in collusion with the Jamaat-E-Islami (JEI), Pakistan has
recruited and inducted into India mercenaries who had already been trained to
fight along with the Afghan Mujahideen in Afghanistan.
"The mercenaries are also actively associated with local training of terrorists
in Kashmir. The locations of mercenaries in dense forests and upper reaches of
hills are being used as make-shift training camps. Some of these mercenaries
have old association with terrorist groups in Kashmir going back to their
training operations on Pak-Afghan border.
"The mercenaries are mostly operating with well-known terrorist groups like
'Hizb-ul-Mujahideen' (HuM), 'Al Barq' and 'Al Jehad Force'. In addition,
'Harkat-ul-Mujahideen' and 'Harakat-ul-Jehad-e-Islami' (HUJI) militant outfits
have a large number of such mercenaries who are operating in various parts of
the State.
"The profile of militancy in the Kashmir valley and several districts of the
Jammu region has witnessed an unprecedented qualitative new dimension due to the
presence of an estimated 500 battle-hardened, highly trained and well-armed
mercenaries. The mercenaries apprehended in this area by the Government security
forces since 1991, corroborate the fact of their presence. Around 30 foreign
mercenaries engaged in terrorist operations have been arrested since 1990, and
91 have been killed while engaged in terrorist operations. In addition,
incontrovertible documented evidence is available about the infiltration and
presence of foreign mercenaries and the atrocities committed by them. A few
mercenaries who were inducted in Jammu and Kashmir till the middle of 1992 were
initially used as bodyguards of top militant leaders. They were also used by
terrorist groups to arouse fundamentalist sentiments.
"The activities of mercenaries are in violation of the sovereignty and
territorial integrity of my country. The intensity and ferocity of terrorist
violence in Jammu and Kashmir in this period may be gauged from the fact that
there were as many as 14,542 incidents of terrorist violence in Jammu and
Kashmir in the last four years entailing the death of about 2,700 innocent
civilians and countless acts of incessant destruction of government and private
property. Political leaders, workers and their relatives have been eliminated to
prevent all democratic political activity; government officials have been killed
to silence the administration; members of the judiciary and the press
intimidated to create a breakdown of the legal system and of independent
journalism; intellectuals, educationists, journalists and community leaders
abducted and killed to silence dissent. The systematic religion-based extremism
by terrorist elements has resulted in the exodus of 250,000 members of other
religious communities from Kashmir valley to other parts of India. Indeed as
many as 50,000 Muslims have also been compelled to flee the valley to seek
safety and succour in other parts of India.
"The atrocities perpetrated by the mercenaries have been wanton and
indiscriminate. Even innocent women and children have not been spared. The
pattern has been consistent: kidnap a woman and kill her after outraging her
modesty. Or, rape and kill her in her own house in the presence of her own
family members and then kill them all. Innumerable human rights violations
committed by mercenaries are widely corroborated by independent observers.
"The induction of mercenaries has resulted in an escalation in the intensity and
firepower of terrorist attacks on security forces resulting in higher casualties
and greater damage and destruction on public and private property. Several
incidents of concentrated attacks on the army and Border Security Forces
resulting in large scale casualties have been confirmed to have been planned and
carried out by mercenaries."
14. On 2 February 1994, the Special Rapporteur notified the Government of the
Islamic Republic of Pakistan of the complaints formulated by the Government of
India concerning mercenary activities in Jammu and Kashmir and requested it to
submit any comments or observations it deemed appropriate. On 3 February 1994, a
letter was sent to the Permanent Mission of India to the United Nations Office
at Geneva, requesting the following additional information:
"(a) Indication, wherever possible, of the nationality of the persons described
as 'foreign mercenaries';
"(b) Specific information on the State, groups of States or international or
national organizations that might be behind the recruitment and use of
mercenaries;
"(c) If no such connection exists, information on the possible existence of
groups in Jammu and Kashmir that might have called for the use of mercenaries
without resorting to a third power;
"(d) Information as to whether these mercenaries are acting in an individual
capacity, as self-organized gangs or in conjunction with armed groups or regular
forces and, in the latter case, an indication of the country to which these
forces belong;
"(e) Information on the type of illegal activity they are conducting: training,
attacks on the civilian population, abductions, sabotage of civilian facilities,
torture, killings and any other activity affecting human rights;
"(f) Information on the financing of the mercenaries, with an indication of how
much, by whom and under what conditions they are paid;
"(g) Status of detainees alleged to be mercenaries (30) and those accused of
terrorist activities, with an indication of their name, number and nationality,
whether they are still under arrest, and the status of any legal proceedings
instituted against them. Similarly, in connection with another part of your
communication, a description of the documentary evidence that it has been
possible to collect on the presence in Jammu and Kashmir of foreign citizens who
have been used as mercenaries."
15. In a note verbale of 13 July 1994, the Permanent Mission of Pakistan to the
United Nations Office at Geneva sent the following reply to the communication of
the Special Rapporteur:
"(a) Pakistan condemns the use of mercenaries for destabilizing Governments and
fighting against the national liberation movements of peoples struggling for
their right to self-determination;
"(b) It is inconceivable for Pakistan to allow any mercenary activity on its
territory. Pakistan's condemnation of such acts has always been immediate and
unequivocal. Since 1980, Pakistan has been tabling resolutions in the Third
Committee of the General Assembly, condemning the use of mercenaries;
"(c) On the other hand, it is very unfortunate that in our neighbourhood
mercenary activity has continued unabated over 46 years in the disputed
territory of Jammu and Kashmir. In the recent years, the mercenary actions
launched by the Indian Government have reached an unprecedented level;
"(d) In August 1947, Pakistan and India became independent States in accordance
with a scheme of partition provided by the Indian Independence Act 1947. Under
the partition plan all Muslim majority areas were to constitute Pakistan and all
the Hindu majority areas were to go to India. Similar advice was given to the
rulers of over 560 States of India. The State of Jammu and Kashmir, with a 77
per cent Muslim majority, (1941 census) thus should have acceded to Pakistan.
The Maharaja of Kashmir, however, fraudulently acceded the State to India on 26
October against the wishes of the people of Kashmir. Renowned historian, Mr.
Alastair Lamb, in his book 'Kashmir: A disputed Legacy, 1846-1990' has dealt at
length with the subject of the accession of Kashmir to India. He has concluded
that the instrument of accession was invalid and was manipulated by the Indian
Government;
"(e) The Kashmir issue was brought to the Security Council by India on 1 January
1948. As a result, the United Nations Commission on India and Pakistan (UNCIP)
was established through a Security Council resolution on 20 January 1948. The
Security Council adopted another resolution on 21 April 1948, which provided for
a plebiscite in Jammu and Kashmir for determining the future status of the
State;
"(f) After undertaking a survey of the situation, the Commission adopted a
resolution, on 13 August 1948, containing proposals for a cease-fire order,
truce agreement, and a re-affirmation of the desire for a plebiscite in Kashmir.
The Commission decided that it will appoint military observers to supervise the
observance of the cease-fire order. The UNCIP resolution of 13 August 1948 was
accepted by both India and Pakistan;
"(g) The UNCIP sent its final plebiscite recommendations on 11 December 1948, to
India and Pakistan. Both the Governments accepted the UNCIP proposals and the
recommendations of the Commission were subsequently adopted in UNCIP resolution
5 January 1949. The resolution, inter alia, provided:
"(i) That the question of the accession of the State of Jammu and Kashmir to
India or Pakistan will be decided through the democratic method of free and
impartial plebiscite;
"(ii) That the Secretary-General of the United Nations will, in agreement with
the Commission, nominate a Plebiscite Administrator;
"(iii) That after implementation of Sections I and II of the Commission's
resolution of 13 August 1948, and when the Commission is satisfied that peaceful
conditions have been restored in the State, the Commission and the Plebiscite
Administrator will determine, in consultation with the Government of India, the
final disposal of Indian and State armed forces, such disposal to be with due
regard to the security of the State and the freedom of the plebiscite;
"(iv) For the repatriation of refugees to participate in the plebiscite;
"(v) For the restoration of political and human rights to ensure a democratic
plebiscite;
"(vi) For demilitarization preparatory to the plebiscite;
"(vii) For UNCIP certification as to whether plebiscite would be free and
impartial;
"(viii) That the Governments of India and Pakistan should further agree that a
United Nations representative be appointed by the Secretary-General of the
United Nations in agreement with the two Governments, to have the authority of
interpreting the agreement reached between the parties and implementation of the
plan of the reduction and re-distribution of armed forces. Furthermore, the
United Nations representative should place his good offices at the disposal of
Pakistan and India for reaching an enduring solution to the Kashmir question;
"(h) The Security Council adopted resolutions in 1951 and 1957, reaffirming the
right to self-determination of the people of Kashmir. The Kashmir dispute
remains on the agenda of the United Nations Security Council. India thus remains
in illegal occupation of Jammu and Kashmir;
"(i) After years of repression by the Indian occupying forces, the people of
Kashmir rose to demand their inherent right to self-determination in 1990. This
movement has resulted from the continued refusal of the right to
self-determination to Kashmiri people. The struggle of the Kashmiri people
derives its legitimacy from their recognized and unfulfilled right to
self-determination. This right was recognized in the United Nations Security
Council resolutions. These resolutions are as valid today as they were 40 years
ago. The fundamental principle of self-determination which the United Nations,
Pakistan and India and the entire international community have pledged to the
Kashmiri people is not subject to prescription. The Kashmiri people have risen
to secure this right to self-determination which they have been denied for
decades;
"(j) Since 1990, Jammu and Kashmir has been subjected to repressive laws like
the Disturbed Areas (J&K) Special Power Act which provides for arrests,
interrogation and detention of civilians up to four years without recourse to
courts. The Indian mercenary army over the past four years have slaughtered more
than 40,000 innocent Kashmiris in cold blood. Thousands more have been maimed
and crippled. Still thousands are languishing in concentration camps and inhuman
torture cells. Hundreds of their leaders - intellectuals, religious scholars,
doctors, engineers, etc. have been either slain or detained in jails;
"(k) The Indian Security Forces are involved in deliberate and systematic acts
of repression against innocent Kashmiris. International human rights groups have
catalogued graphic accounts of Indian brutalities in Kashmir. Unfortunately it
is in the 'world's largest democracy' that the innocent men, women and children
have been killed and mutilated with full impunity under Draconian laws. Large
scale and brutal repression of the Kashmiri people to suppress their right to
self-determination amounts to the worst form of mercenary activity;
"(l) Pakistan extends moral, political and diplomatic support to the Kashmiri
people who are fighting for their right to self-determination. We do not extend
them military support. In this context, we would like to request the Special
Rapporteur on the question of the use of mercenaries to visit Jammu and Kashmir
to verify this fact;
"(m) In April 1990, in response to Indian charges of interference, the Foreign
Minister of Pakistan had proposed to his Indian counterpart, the placement of
neutral observers on the Line of Control in Kashmir to monitor and investigate
charges of interference. Pakistan has repeatedly offered this mechanism which
India has repeatedly rejected thus exposing the propagandist nature of its
allegations;
"(n) Pakistan is prepared to facilitate visits by foreign journalists,
parliamentarians, observers and human rights organizations to the areas along
the border and the Line of Control. Pakistan has extended invitations to media
teams to send their representatives to Azad Kashmir and to Pakistan. Similar
invitations have been sent to Amnesty International, Asia Watch, the
International Federation of Human Rights and other human rights organizations;
"(o) Pakistan has already opened Kashmir for international observation through
the United Nations Military Observer Group deployed in Azad Kashmir, while India
has always refused to do so on its side of the Line of Control;
"(p) India has not only launched mercenary action in the disputed territory of
Jammu and Kashmir, but has also been trying to destabilize Pakistan through the
training and financing of mercenaries in the Pakistani Province of Sindh. India
has been systematically launching subversive and terrorist elements in Sindh.
Bases were established between Rajisthan and Barmer to train the mercenaries;
"(q) Training of saboteurs: Indian authorities have established 36 camps (19 of
these are in Rajisthan and Gujrat to cover Sindh) for training of saboteurs with
the ultimate aim to launch them into Pakistan for subversion and terrorism. Such
trainees are generally drawn from anti-Pakistani organizations/elements. Some of
the details are as under:
"(i) Establishment 22. A special cell known as Establishment 22 with its
headquarters at Bachiya Bagh (Kalsi) near Dehradun has been imparting terrorist
training since 1986 for subversive/terrorist activities inside Pakistan;
"(ii) Old Fort Office. Another RAW office located at Jaipur in an old fort
situated on Ajmer Road also imparts terrorist training;
"(iii) Number of incidents/casualties. During the last 7 years (up to May 1994),
Indian sponsored/trained agents carried out 219 incidents of terrorism in
Pakistan which resulted in the death of 462 persons and injuries to 1,744."
