Kashmiri Delegation to Advocate for IIOJK Rights at the 57th Session of UNHRC in Geneva

The Indian Illegally Occupied Jammu and Kashmir (IIOJK) conflict has been a cause of stress between India and Pakistan for more than seven decades. India keeps claiming its sovereignty over the area, therefore depriving its people of their right to self-determination despite several United Nations Security Council resolutions demanding a plebiscite. The conflict has further aggravated after abrogation of Articles 370 and 35A in August 2019, depriving Jammu and Kashmir of its unique status. Although the Indian government claims that these actions have brought peace, development and normalcy to the area but ground reality reveals differently.

An eight-member Kashmiri delegation headed for the 57th session of the United Nations Human Rights Council (UNHRC) in Geneva. Their goal is to reveal the attempts of the Indian government to pass a front of democracy while gravely violating human rights in IIOJK. Focusing on the continuous violations of human rights, the demographic engineering in the area and the drama of holding elections in an occupied territory, reveals the clear differences between India’s claim and the reality in Kashmir.

The Fantasy of Peace, Development and Normalcy

India has long spread the narrative that Kashmir is returning to peace and normalcy, especially following the abrogation of Articles 370 and 35A, which had gave Jammu and Kashmir a unique status. The Indian government argues that these constitutional amendments have opened the path for regional integration with the rest of the nation and economic growth. However, the Kashmiri delegation to the UNHRC, which comprises top Hurriyat officials and representatives of many human rights organizations expressed their resolve to bring forward the reality of existing situation in IIOJK before the world and to reject the Indian baseless Indian claims of bringing normalcy, peace and development in the valley.

Among the most militarized regions in the world, the IIOJK is already filled with about 900,000 Indian soldiers and it was further increased ahead of assembly elections. The presence of such a large military force has not brought about peace but rather increased local community persecution. Human rights organizations especially Amnesty International and Human Rights Watch have recorded many instances of forced disappearances, torture, arbitrary detention and extrajudicial murder in IIOJK. According to Human Rights Watch report the Indian government has suppressed opposition in Kashmir using harsh legislation such as the Public Safety Act (PSA) and the Unlawful Activities Prevention Act (UAPA).

Usually based on vague or politically motivated accusations, these black laws allow individuals to be imprisoned for long time of time without charge or trial. The world has seen that after the enforcement of these draconian laws not only journalist but activists and normal people who dare to question the Indian government actions face harassment, intimidation and imprisonment.

Demographic Engineering: changing Kashmir’s identity

The attempt of India to change the demographic makeup of Kashmir is among the most concerning landscape of its activities there. The Indian government has instituted new domicile rules allowing non-Kashmiris to live in the area after Article 35A, which had limited land ownership in Jammu and Kashmir to its permanent residents, was abrogated. This action is often understood as an attempt to impose a Hindu-dominated demography and transform Kashmir’s Muslim majority into minority. Viewed as a breach of international law, the Kashmiri delegation in Geneva will highlight this demographic engineering on part of the Indian government in IIOJK.

Leader of the delegation Ghulam Muhammad Safi, Convener of All Parties Hurriyat Conference (APHC) Azad Jammu and Kashmir chapter, has been outspoken in denouncing India’s attempts to “colonize” Kashmir by bringing outsiders into the territory. According to Ghulam Muhammad Safi, non-residents of India are methodically receiving domicile certificates from the government, which helps them to get land and job in Kashmir. Apart from violating their right to self-determination, this demographic change endangers the religious and cultural identity of the Kashmiri people. It is pertinent to mention here that the Fourth Geneva Convention forbids an occupying authority from sending its own civilian population into the territory it controls, hence the acts of the Indian government directly contradict it.

The Drama of Elections

India’s attempts to hold elections in IIOJK as a method of legitimizing its occupation is another major topic the Kashmiri delegation intends to bring before the UNHRC. Claiming this to be a reflection of democratic will, the Indian government has conducted multiple local elections. However, the people of Kashmir and their delegates have often called these elections a fraud. Elections in Kashmir cannot substitute the plebiscite recommended by the United Nations Security Council, says Altaf Hussain Wani of the All Parties Hurriyat Conference (APHC) and the Permanent Representative of the World Muslim Congress to the UN in Geneva.

According to Hurriyat leaders “these elections are only a drama the Indian government is staging to give the impression of democracy while depriving Kashmiris their right to autonomy”. The elections carried out in Kashmir are shadowed by weapons; the Indian military dominates in guaranteeing the intended result. Widespread rigging, coercion and manipulation under the electoral process mars it so that the people cannot freely express their political will. While the voices of individuals who demand freedom and justice are methodically muffled, the involvement of a few chosen candidates who are often supported by the Indian state helps to present an impression of legitimacy.

Continued Human Rights Violations in IIOJK

Human rights in IIOJK remain shockingly poor. Supported by laws such as the Armed services Special Powers Act (AFSPA), which offers protection from punishment for acts carried out in line of duty, the Indian security services operate with impunity. This has produced an unaccountable culture whereby security personnel mistreat Kashmiris without any fear of legal consequences. With Ms. Shameema Shawl, Permanent Representative of the International Muslim Women’s Union and Sardar Amjad Yousaf Khan, Executive Director of the Kashmir Institute of International Relations (KIIR), the Kashmiri delegation to Geneva has documented numerous cases of violations of human rights including:

Arbitrary Arrest: Thousands of Kashmiris including minor children have been taken under the PSA and UAPA. Many of them are housed in years-long detention centers without any trials.

Torture and Ill-Treatment: Severe torture and ill-treatment are being used to captives under custody. Human rights organizations document methods of torture including electric shocks, beatings and sexual assault.

Extra Judicial Killings: Frequently during so-called “encounters” Indian security officials extra judicially martyr the freedom fighters. These activities are kept under cover of dusk and occasionally the bodies of those dead are not returned to their families.

Enforced Disappearances: Hundreds of Kashmiris permanently gone missing without any trace during custody. Their families are left in a state of constant doubt not knowing whether their loved ones are dead or living.

Role of International Community
Apart from raising awareness of India’s infringement of human rights, the visit to Geneva by the Kashmiri delegation seeks to motivate the global society to engage in significant action. They are scheduled to see Special Rapporteurs, diplomats and officials from foreign non-governmental organizations in order to demand accountability and justice. The delegation’s ultimate aim is to push the Kashmir problem front and centre on the world agenda. They contend that given India’s deliberate transgressions of international law, the world community cannot afford to say nothing. Promised by the United Nations, the people of Kashmir have their right to self-determination; so, the entire community has moral obligation to assist their fight for justice and independence.

Conclusion

Participating in the 57th session of the UNHRC, the Kashmiri delegation is a vital first step in revealing the terrible reality of India’s occupation of Jammu and Kashmir. The people of Kashmir still suffer under a cruel military rule while the Indian government keeps pushing the story of peace, normalcy and progress. The theater of elections and the façade of democracy cannot cover the serious breaches of human rights and demographic engineering underway in the area. The world has to acknowledge India’s actual face and act forcefully to assist Kashmiri people in their fight for independence and justice.