UN at 58th HRC: Holding the World Accountable for Kashmir’s Climate and Humanitarian Plight

(Qurat ul ain Ali khawaja, Azad Jammu & Kashmir)

The preservation of environmental rights in conflict-ridden regions remains a formidable challenge for the international community. As history bears witness, warfare leaves a trail of devastation not only in terms of human casualties but also in the form of irreversible environmental degradation.

Nowhere is this reality more pronounced than in Kashmir, where the longstanding conflict has taken a heavy toll on both the natural ecosystem and the fundamental rights of its people. As highlighted in the 58th session of the United Nations Human Rights Council (UNHRC), the dire situation in Occupied Jammu & Kashmir (IIOJK) demands urgent attention.

The UNHRC deliberations have shed light on the ongoing violations, emphasizing that the environmental crisis in Kashmir is "not just a consequence of conflict but a deliberate outcome of policies that disregard ecological sustainability and human rights." The Interplay of Conflict and Environmental Degradation

It is a truth universally acknowledged that a healthy environment is the bedrock upon which other human rights stand. Yet, in conflict-ravaged regions, this essential right is often overlooked. Armed conflicts not only lead to loss of life but also disrupt water supplies, accelerate deforestation, and wreak havoc on delicate ecosystems.
The UNHRC has underscored that "the environmental destruction in Kashmir is a direct consequence of prolonged military presence, with fragile ecosystems suffering under the weight of excessive militarization."

The militarization of the region has exacerbated these environmental challenges—the deployment of heavy artillery and the widespread use of explosives have led to rapid glacier melting, deforestation, and water scarcity, all of which pose an existential threat to the region's sustainability.

A comparison with other conflict zones, such as Palestine and Syria, underscores the environmental consequences of prolonged wars. In Palestine, indiscriminate bombings have destroyed agricultural land and polluted water sources, leaving the population vulnerable to food and water insecurity. Similarly, in war-torn Syria, chemical attacks and large-scale displacement have resulted in deforestation and soil degradation, leading to long-term consequences for agriculture and biodiversity.

The case of Kashmir is no different, as the destruction of its fragile ecosystem continues unchecked.

Legal Frameworks: A Toothless Tiger?

Despite the existence of robust international legal frameworks, including the Geneva Conventions and various environmental protection treaties, enforcement remains a far cry from reality. As a Kashmiri activist poignantly stated at the UNHRC conference, "Laws exist on paper, but in practice, our forests continue to be felled, our water sources polluted, and our air poisoned by war."

The lack of accountability and weak regulatory mechanisms have allowed environmental degradation to continue unabated in many war-torn regions. It is imperative that the international community moves beyond mere rhetoric and ensures stringent enforcement of these laws to safeguard the rights of those living in such fragile environments.

Heated Debate at the UN: Ambassadorial Confrontation

A significant moment during the 58th UNHRC session was the heated exchange between the UN ambassador and the Indian representative over the worsening environmental and humanitarian crisis in Occupied Jammu & Kashmir (IIOJK). The UN envoy strongly criticized the Indian administration for failing to uphold environmental and human rights obligations, stating, "The unchecked militarization in Kashmir is not only violating human rights but also causing irreversible environmental damage, which the world cannot afford to ignore.

In response, the Indian representative dismissed the concerns as "exaggerated narratives designed to mislead the international community." According to the conversation that took place just a day ago between the UN ambassador and the Indian defense representative, the UN reiterated that Kashmiris are still facing severe issues related to environmental degradation, water scarcity, and deforestation.

However, the Indian defense representative countered with a completely different narrative, denying the severity of the crisis. Nevertheless, the UN ambassador and climate experts confirmed that alarming incidents of climate change are taking place in Kashmir, and these are having a devastating impact on the health and well-being of Kashmiris, given that it remains a conflict zone.

The UN stressed that environmental justice is intrinsically linked to human rights, and the suffering of Kashmiris cannot be ignored under the guise of national security.

A comparison with environmental diplomacy in Bosnia and Herzegovina—where post-war reconciliation efforts included ecological restoration projects—demonstrates the potential of international cooperation in addressing environmental concerns in conflict zones. Unlike Kashmir, where the Indian administration has been reluctant to acknowledge environmental destruction, Bosnia witnessed significant international efforts to rehabilitate forests, rivers, and air quality after the war. This precedent underscores the necessity for global intervention in Kashmir before it is too late.

The Role of State and Non-State Actors

Governments bear the primary responsibility for implementing and upholding environmental laws within their territories. However, in conflict zones where state control is often tenuous, non-state actors—including NGOs and multinational corporations—must step up to the plate. By influencing policy decisions, monitoring violations, and leveraging legal avenues, these entities can act as watchdogs, ensuring that environmental rights do not become collateral damage in times of war.

A UN expert at the 58th UNHRC session emphasized that "civil society organizations play a critical role in holding states accountable, but their voices are often silenced in militarized regions."

In contrast, Colombia's peace process incorporated environmental restoration as a fundamental pillar, with ex-combatants actively participating in reforestation and land rehabilitation programs. Such an approach is starkly absent in Kashmir, where the continued presence of armed forces hinders any meaningful environmental conservation efforts.

The world can ill afford to turn a blind eye to the environmental crisis unfolding in conflict-affected regions. As the clock ticks, urgent measures must be taken to mitigate the damage. International institutions must spearhead the creation of comprehensive legal frameworks that recognize environmental destruction as a fundamental human rights violation.

Moreover, diplomatic interventions should be intensified to address the root causes of conflict, thereby reducing the strain on the environment. As a UN delegate remarked, "Without peace, environmental justice is an illusion; without environmental justice, peace remains fragile."

A Stitch in Time Saves Nine

Environmental protection in war zones is not merely an ecological concern but a humanitarian imperative. The case of Kashmir is a clarion call for the global community to act before the damage becomes irreversible. Through collective will and decisive action, the world can ensure that future generations inherit a planet that is not only free from conflict but also rich in natural bounty.

Comparisons with Palestine, Syria, Bosnia, and Colombia highlight that while the challenges of environmental degradation in conflict zones are universal, the presence of strong international support can help mitigate the damage. The time to act is now, for in safeguarding the environment, we safeguard humanity itself.
Qurat ul ain Ali khawaja
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