Dr. Ghulam Nabi Fai
Chairman
World Forum for Peace & Justice
October 24, 2024
Dr. Ghulam Nabi Fai, Chairman, World Forum for Peace & Justice applauded Amnesty International for the timely report, issued on October 21, 2024, which is a significant step towards greater international recognition of the India’s violation of various international treaties, including ICCPR and ICESCR. Amnesty report confirms the earlier reports issued on the situation in Kashmir by the ‘UN High Commissioner on Human Rights’; ‘UN Special Rapporteur on Freedom of Religion and Belief’; and ‘UN Special Rapporteur on Minority Issue.’ These reports, Dr. Fai added contain graphic documentation of human rights violations in India. They will take the veil of secrecy off of India’s human rights violations in Kashmir. Perhaps now the global community can share the outrage felt by the people of Kashmir.
Amnesty International report is entitled, “Why should India’s human rights record matter in its bid for a permanent seat on the UN Security Council? The report is divided into several categories including: What is India’s record with other human rights mechanisms, and why does it matter? India and the UN Human Rights Council and its mechanisms; The UN Human Rights Treaty Bodies; Engagement with OHCHR; Why is credible engagement with UNHRC critical in the context of India’s UNSC bid?
The Amnesty report states, “There has been much talk of late about the possibility of India joining the UN Security Council (UNSC) as a permanent member, while most of the current permanent members have expressed public support for expansion of the UNSC. India has been falling far short of its domestic and international human rights obligations, and its desire to expand its role in the UN presents an opportunity to assess its record of engagement as a member of other UN political bodies, including the UN Human Rights Council (UNHRC).
The Amnesty report also states that, “With regard to the Universal Periodic Review (UPR) – a mechanism by which every state’s human rights record is examined and recommendations for improvements made – India has not shown progress in implementing recommendations, indicating a lack of substantive good-faith engagement in the mechanism.
Dr. Fai explained that the people of Kashmir were always certain that the Indian soldiers have been given total immunity under repressive draconian laws. People are arrested for engaging in acts protected by international human rights standards of free speech, freedom of association, freedom of assembly. Various legislative acts widely invoked in Kashmir clearly violate international standers. These include the Armed Forces (Jammu and Kashmir) Special Powers Act; the Jammu & Kashmir Public Safety Act; and Unlawful Activity Prevention Act (UAPA).
Under the title “Engagement with OHCHR”, the Amnesty report states, “India has also been the subject of two reports, in 2018 and 2019, from the OHCHR on the situation of human rights in Kashmir. Both reports called on the Indian authorities to respect international human rights obligations in the region, repeal or amend repressive laws such as the Armed Forces (Jammu and Kashmir) Special Powers Act and the Jammu & Kashmir Public Safety Act, end restrictions on journalists and investigate all blanket bans or restrictions. However, instead of meaningfully engaging with the OHCHR, the Indian authorities called the reports “false, with a motivated narrative” and accused the human rights body of “legitimising terrorism”.
Dr. Fai maintained that the action taken by Modi Administration on August 5, 2019, has brough the nation of Kashmir to the brink of extinction. Dr. Gregory Stanton, Chairman, Genocide watch has said that Kashmir is at the brink of genocide. New York Times reported that Kashmir has become hell for its people. Huffington Post reported that Indian democracy is dying in silence in Kashmir.
The Amnesty report describes these events in these words “On 5 August 2019, the Indian government unilaterally repealed the critical provisions of Article 370 of the Indian Constitution – which had guaranteed far-reaching powers to the state of Jammu & Kashmir on a wide range of issues except foreign affairs, defence and communication – and extended its control over the region. Jammu & Kashmir’s was then deprived of its statehood and split it into two separate union territories governed by the central government. The move was seen as a brutal dismissal of decades of protests against the human rights violations committed by the state and security forces in Jammu & Kashmir and an aggressive gesture to deprive the state’s inhabitants of their fundamental freedoms.
Fernand de Varennes, Special Rapporteur on minority issues and Ahmed Shaheed, Special Rapporteur on freedom of religion or belief have expressed the same concern as the Amnesty report. Dr. Varennes said on February 18, 2021, that “The loss of autonomy and the imposition of direct rule by the Government in New Delhi suggests the people of Jammu and Kashmir no longer have their own government and have lost power to legislate or amend laws in the region to ensure the protection of their rights as minorities.” “The number of successful applicants for domicile certificates that appear to be from outside Jammu and Kashmir raises concerns that demographic change on a linguistic, religious and ethnic basis is already underway,” said the Special Rapporteur. “These legislative changes may have the potential to pave the way for people from outside the former state of Jammu and Kashmir to settle in the region, alter the demographics of the region and undermine the minorities’ ability to exercise effectively their human rights,” the UN experts said.
“There is a great urgency to end the crimes against humanity being committed by Indian army in Kashmir and to resolve the Kashmir dispute to the satisfaction of all parties concerned which will guarantee peace and stability not only in Kashmir but in the region of South Asia – home to one fifth of total human race,” concluded Dr. Fai.
Dr. Fai is also the Secretary General, World Kashmir Awareness Forum, Washington, DC
He can be reached at: WhatsApp: 1-202-607-6435 or. [email protected]
www.kashmirawareness.org