*Kachkol Ali Advocate*
The baloch has been in war with Pakistan and China regarding the construction of port and CPEC, particularly road network. Baloch is severely resisting against CPEC, the reason is the fact that many villages in vicinity of CPEC from Gwader to Awaran have been dismantled and destroyed and hundreds of baloch innocents have been enforced disappeared and willfully killed.
Half a million of indigenous baloch population were forcefully transferred and deported from their villages and habitual residents . On the other Pakistan and China with their nefarious design want to bring chinese and pakistani population in Balochistan to marginalize its demography because increasing population of both countries is a big problem for both states.
It is pertinent to mention here that after the hotel Continental attack on 11 May 2019 in Gwadar attracted the attention of international media and community, thereby China pressurized Pakistan to ramp up the security for CPEC project. Consequently , the willful killings, enforced disappearances and genocide has increased, regardless of gender and age of the innocent non-combatant baloch including women and children. Despite to this, the authoritarian and rogue state of China isn’t satisfied by the Pakistan misdeeds and atrocities against baloch and categorically rejected the aforesaid Pakistan misdeeds and demanded the involvement of Chief of Army of both counter parts on 17 June 2019, including Fang Fengui from China and Qamar Javed Bajwa from Pakistan. China demanded from the Pakistan military to take over the responsibility of security from the civil Pakistan government and ensure and guarantee the security of CPEC. On account of which, the civilian government was forced to form a body in which Chief of Army will also be a member of the committee. Hence the civil government ironically eroded its executive constitutional power and empowered the Chief of Army of Pakistan unconstitutionally through notification, a committee was constituted namely National Development Council (NDC) whereas, there is already a constitutional institution namely National Economic Council (NEC) enshrined in Article 156 of the Pakistan constitution.
Pakistan is not only seriously violating its constitution in respect of fundamental rights (Chapter 1: Article 8 to 28 read with Article 4 ) of baloch people but also violating Article 1(i & ii) of International Covenant on Economic, Social and Cultural Rights. This mega-project is also against the United Nation Declaration on the Rights of Indigenous people and its fact sheets no. 9 rights of indigenous people (rev.1). The irony is that during the drafting of the Declaration, the representative of China itself emphasized that the declaration to contain a definition of indigenous people, but also a requirement the indigenous people to be recognized as such by the state in which they reside. It is pertinent to mention here that the views of the representative of China were incorporated in the Report of the Working Group Established in Accordance with Commission on Human Rights Resolution 1995/2.E/CN.4/1998/106, para.37. Pakistan and China are committing crime against humanity and genocide in the name of national security, and counter terrorism, which is totally against the spirit of Limburg principle, article (63) says. National security cannot be invoked as a reason for imposing limitations to prevent merely local or relatively isolated threats to law and order. article(64) holds that. National security cannot be used as a pretext for imposing vague or arbitrary limitations and may be invoked only when there exist adequate safeguards and effective remedies against abuse. article(65) states that the systematic violation of economic, social and cultural rights undermines true national security and may jeopardize international peace and security.
A State responsible for such violation shall not invoke national security as a justification for measures aimed at suppressing opposition to such violation or at perpetrating repressive practices against its population."
Pakistan has been flagrantly abusing article 2(4) of the Charter united nations in terms of 'subjection of baloch peoples as its colony, exploitation of baluchistsn resources and denial of the fundamental human rights of baloch peoples are in toto contrary to the Charter of the United Nations and is an impediment to the promotion of the world peace and co-operation. Today the scenario of Baluchistan is such in particular Gwadar which is jewel Crown of CPEC due to which an international war is emerging in the region.
They are violating 1960 Declaration, which declared the continuation of the colonialism in all its forms and manifestation to be a crime which constitutes a violation of the Charter, the Declaration and the principles of International law, and reaffirmed the inherent right of colonial peoples to struggle by all necessary means at their disposal against colonial powers which suppress their aspirations for freedom and independence.
Since baloch had launched a liberation movement on the day one, when Pakistan by crime of aggression illegally and unconstitutionally occupied baluchistsn on 27.3.1948.since for the restoration of aboriginal position of baluchistsn the Declaration and the Principles of International law allow the suppressed nations to throw the yoke of colony and adopt all necessary means at their disposal against colonial power. In nutshell Pakistan is seriously violating GA Resolution 1514(XV)(1960)had declared that the 'subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental rights, is contrary to the Charter of united nations and is an impediment to the promotion of world peace and co-operation.
Conclusively, the CPEC has in fact strengthen the colonialism of balochistan and against the spirit of international law and charter of united nation and will of indigenous baloch people.