Srinagar: There remains an urgent need to address past and ongoing human rights violations
and to deliver justice for all people in Kashmir who have been suffering seven decades of
conflict, UN said in its first ever report on human rights violation in Kashmir.
The report reads that “OHCHR recognizes the complexity of the historical background and political issues that has led to the current situation in Kashmir, which has been divided between India and
Pakistan. People on both sides of the Line of Control have been detrimentally impacted and
suffer from limitations or denial of a range of human rights.”
“Any resolution to the political situation in Kashmir should entail a commitment to
ending the cycles of violence and accountability for past and current human rights violations
and abuses committed by all parties and redress for victims. Such a resolution can only be
brought about by meaningful dialogue that includes the people of Kashmir,” it reads.
Click the link to read the full report:
DevelopmentsInKashmirJune2016ToApril2018 (1)
Recommendations:
As part of its recommendation, the report titled: “Report on the Situation of Human Rights in Kashmir: Developments in the Indian State of Jammu and Kashmir from June 2016 to
April 2018, and General Human Rights Concerns in Azad Jammu and Kashmir
and Gilgit-Baltistan”, puts these as its recommendations to both India and Pakistan:
OHCHR recommends:
To the Human Rights Council:
Consider the findings of this report, including the possible establishment of a commission of
inquiry to conduct a comprehensive independent international investigation into allegations
of human rights violations in Kashmir.
To the authorities in India:
(a) Fully respect India’s international human rights law obligations in IndianAdministered
Kashmir,
(b) Urgently repeal the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990;
and, in the meantime, immediately remove the requirement for prior central government
permission to prosecute security forces personnel accused of human rights violations in
civilian courts;
(c) Establish independent, impartial and credible investigations to probe all civilian
killings which have occurred since July 2016, as well as obstruction of medical services
during the 2016 unrest, arson attacks against schools and incidents of excessive use of force
by security forces including serious injuries caused by the use of the pellet-firing shotguns;
(d) Investigate all deaths that have occurred in the context of security operations in
Jammu and Kashmir following the guidelines laid down by the Supreme Court of India;
(e) Investigate all cases of abuses committed by armed groups in Jammu and Kashmir,
including the killings of minority Kashmiri Hindus since the late 1980s;
(f) Provide reparations and rehabilitation to all individuals injured and the family of those
killed in the context of security operations;
(g) Investigate and prosecute all cases of sexual violence allegedly perpetrated by state
and non-state actors, and provide reparations to victims;
(h) Bring into compliance with international human rights standards all Indian laws and
standard operating procedures relating to the use of force by law enforcement and security
entities, particularly the use of firearms: immediately order the end of the use of pellet-firing
shotguns in Jammu and Kashmir for the purpose of crowd control;
(i) Amend the Jammu and Kashmir Public Safety Act, 1978 to ensure its compliance with
international human rights law;
49
(j) Release or, if appropriate, charge under applicable criminal offences all those held
under administrative detention and ensure the full respect of standards of due process and
fair trial guaranteed under International law;
(k) Treat any person below the age of 18 who is arrested in a manner consistent with the
Convention on the Rights of the Child;
(l) Investigate all blanket bans or restrictions on access to the Internet and mobile
telephone networks that were imposed in 2016, and ensure that such restrictions are not
imposed in the future;
(m) End restrictions on the movement of journalists and arbitrary bans of the publication
of newspapers in Jammu and Kashmir.
(n) Ensure independent, impartial and credible investigations into all unmarked graves in
the state of Jammu and Kashmir as directed by the State Human Rights Commission; if
necessary, seek assistance from the Government of India and /or the international community.
Expand the competence of the Jammu and Kashmir State Human Rights Commission to
investigate all human rights violations and abuses in the state, including those allegedly
committed by central security forces;
(o) Ratify the International Convention for the Protection of all Persons from Enforced
Disappearance, the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment and its Optional Protocol, and introduce enabling domestic laws asrecommended during India’s UPR in 2008, 2012 and 2017;
(p) In line with its standing invitation to the Special Procedures, accept the invitation
requests of the almost 20 mandates that have made such requests; in particular, accept the
request of the Working Group on Enforced or Involuntary Disappearances and facilitate its
visit to India, including to Jammu and Kashmir;
(q) Fully respect the right of self-determination of the people of Kashmir as protected
under international law.
To the Government of Pakistan:
(a) Fully respect international human rights law obligations in Pakistan-Administered
Kashmir;
(b) End the misuse of anti-terror legislation to persecute those engaging in peaceful political
and civil activities and expressions of dissent, and amend the Anti-Terrorism Act to bring
it in line with international human rights standards, including by incorporating human
rights safeguards;
(c) Federal and local authorities should amend sections of the Interim Constitution of Azad
Jammu Kashmir and other relevant legislation that limit the rights to freedoms ofexpression and opinion, and peaceful assembly and association;
(d) Immediately release from prison or house arrest any political activists, journalists and
other civil society actors who have been convicted for peacefully expressing their
opinions;
(e) Federal and local authorities should amend the constitutions of Azad Jammu and
Kashmir and Gilgit-Baltistan to end the criminalization of the Ahmadiyya Muslims and
to allow to them to freely and safely exercise their freedom of religion or belief;
(f) Abolish blasphemy provisions in Azad Jammu Kashmir and Gilgit-Baltistan to facilitate
the enjoyment of freedom of religion and belief by all people;
(g) Fully respect the right of self-determination of the people of Kashmir as protected under
international law.
