Srinagar: Kashmir High Court Bar Association president advocate Mian Qayoom on Thursday said that there was need to ponder upon as to why the world does not take notice of “grave” violations of human rights in Jammu and Kashmir.
Addressing a seminar organized by the lawyers body here, titled— “The Right to Self-Determination and Human Rights Violations in Kashmir – Post HRC Report,” Qayoom said that one of the reasons was that in every important institution of the world, every third person is an Indian.
“It definitely affects the working of the institutions in upholding the human rights in Kashmir, more particularly the right to self-determination as mentioned by the Human Rights Commission in the recommendations at para (q), impressing upon India to, fully respect the right of self-determination of the people of Kashmir as protected under international law.”
“We should appeal the International Community to play their role in getting the UN Security Council Resolutions implemented so that peace and tranquility is established in the sub-continent and people live a life, free from scourge of war or any kind of disturbance for which purpose the United Nations has been created,” Qayoom said.
Referring to UN Human Rights Commission report, Qayoom said it reveals that impunity of human rights violations and lack of access to justice are key human rights challenges in J&K.
“As per report from July 2016, the High Commissioner had on numerous occasions requested the governments of India and Pakistan that his office be given unconditional access to Kashmir to assess the human rights situation. India rejected his request, but Pakistan offered access, should the office obtain access in Indian Administered Kashmir. Without unconditional access to Kashmir on either side of the LOC, the Office of United Nations High Commissioner for Human Rights (OHCHR) has undertaken remote monitoring of the human rights situation.”
This is the first report on the situation of human rights in both Indian Administered Kashmir and Pakistan Administered Kashmir and is based on such monitoring, he said.
“The report is based on the mandate of the High Commissioner for human rights, as provided by United Nations General Assembly Resolution 48/141. The mandate of High Commissioner includes the full range of activities aimed at the promotion and protection of the human rights including monitoring and reporting.”
He also stated that though the Kashmir question remained on the agenda of Security Council from 1947 onwards leading to the passing of several resolutions, the plebiscite never took place as the request of the withdrawal of forces was not fulfilled.
He also stated that the report reveals that impunity of human rights violations and lack of access to justice are key human rights challenges in the State of J&K.
The special laws in force in the State like AFSPA, J&K PSA etc, he said, have created structures that obstruct the normal course of law, impede accountability and jeopardize the right to remedy for victims of human rights violations.
He also stated that such acts as per report also have given the government forces virtual impunity against prosecution for any human rights violation as unless the Government of India grants a proper permission or sanction to prosecute they can’t be brought to book. In 28 years of remaining such law in force, Qayoom not a single prosecution of armed forces personnel, was granted by Central government.
In 2005, the Supreme Court appointed a committee to review AFSPA which stated that the law has become symbol of oppression, an object of hate and an instrument of discrimination and highhandedness, Qayoom said.
“The report has also mentioned the administrative detention appears to be used by J&K authorities to circumvent the protections of ordinary criminal procedure and about the 36th detention order of Masarat Alam Bhat, who after the report has been detained under a fresh order of detention being the 37th.”
He also stated that the report has effectively covered the excessive use of force being used in the State and killing perpetrated more particularly in the year 2018, use of pellet firing shotguns, arbitrary arrest and detention of children including, torture, enforced disappearances, violations of the right to help, restrictions on the right to freedom and expression, violations of the right to education, reprisals against human rights defenders and restrictions on journalists, sexual violence, abuses by armed groups.
Qayoom also highlighted the recommendations made by OHCHR at the end of the report to the authorities of India and include: fully respect India’s international human rights law obligations in Indian Administered Kashmir, Urgently repeal the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990; (b) 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; (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 as recommended 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.
