“Non-Paper on  India’s Massive and Consistent Human Rights Violations in the Indian Occupied Jammu and Kashmir (IOJ&K)”

“Non-Paper on India’s Massive and Consistent Human Rights Violations in the Indian Occupied Jammu and Kashmir (IOJ&K)”

This document has been circulated to the members of the UN Security Council by Pakistan to urge them for unmasking of the grim situation in the Indian-Administered Jammu and Kashmir and the need for the Council in particular and the international community in general to take action.

FALAH Monitor has not prepared the document and is sharing it only for academic and advocacy purposes.

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Excerpt of the paper

  • Over the past 7 decades, India has resorted to ruthless oppression, committing grave human rights violations against unarmed Kashmiris in IOJ&K, to deny them from their inalienable right to self-determination – a right promised to the Kashmiris by numerous UN Security Council resolutions.
  • India’s long and cruel occupation has brought unimaginable suffering for the people of IOJ&K in which many war crimes and crimes against humanity were committed.
  • Though there is no clarity on the extent of human rights situation in IOJ&K since August 5th, 2019, due to military siege and communications blockade, the nature and depth of human rights violations in IOJ&K are well documented and the brave Kashmiris are managing to convey their plight to the world.
  • There is not a single report by any credible international organization supporting the “all well” narrative of a repressive and ideologically driven military siege in IOJ&K.
  • The situation in IOJ&K is unprecedented, grave and seriously worrisome as highlighted by the UN Secretary General, the High Commissioner for Human Rights, and the UN Special Procedure Mandate Holders.
  • Pakistan has meticulously worked to bring the whole gamut of the human rights violations in IOJ&K, from credible, authenticated and documented sources, to the attention of the UN Security Council.
  • This document has been circulated to the members of the UN Security Council to inform them alongside a request by the Foreign Minister Makhdoom Shah Mahmood Qureshi for unmasking of the grim situation, the unfolding of human catastrophe and the need for the Council in particular and the international community in general to take action.
  • Broadly the document represents a systematic, widespread and gross pattern of human rights violations by the Indian occupation forces during the siege. Notably these include curbing of fundamental freedoms, impunity laws, use of torture, rape, arbitrary arrests, detentions, extra-judicial killings, use of pellet guns, destruction of entire neighbourhoods as a means of collective punishment.  
  • Some of the notable findings in this document include:
  • India has imposed one of the longest military siege and incarceration (a year) of a population more than size of many developed countries – more than 8 million.
  • All fundamental freedoms remain in abeyance.
  • India has developed comprehensive legal mechanisms which give security forces emergency and overarching powers without any checks and balances. The impunity laws including Armed Forces Special Powers Act and Public Safety Act, are being used callously by the Indian occupation forces to carry out gross human rights abuses.
  • A communications and internet blockade are in place, giving effect to a virtual siege.
  • Muslims have been denied Friday and Eid prayers violating their fundamental freedom of religion or belief.
  • Doctors and emergency personnel are being regularly harassed and there are reports of acute shortage of medical supplies.
  • Approximately 400 elected officials and senior Kashmiri leadership have been arbitrarily detained, languishing in jails, even during COVID-19 emergency.
  • Thousands of youth (more than 4,000) have been abducted, enforced disappeared and put in prisons across India, with families having no access to their children.
  • Reprisals especially of journalists and human rights defenders, to the extent of extrajudicial killing, are being pursued across IOJ&K.
  • Unlawful Activities (Prevention) Act (UAPA) is being used to silence the human rights defenders. Kashmiri media houses are being vandalized and journalists being killed, beaten or being tried under UAPA.
  • Rape is being employed as an instrument of state policy by India to terrorize the Kashmiris. Women and girls regularly face harassment including sexual violence.
  • State-terrorism is being inflicted on the local population through fake “encounters” and indiscriminate use of pellet guns and live ammunition against unarmed civilians including women and children.
  • The use of excessive and indiscriminate force by the Indian security forces has resulted in extra-judicial killing of more than 200 Kashmiris and injuring of thousands. Even recently, the international community was outraged over the viral image of a three-year-old Kashmiri child sitting on his grandfather’s chest who had been extra-judicially killed by the Indian armed forces.
  • Cordon and Search Operations are a regular feature, in which innocent civilians are being tortured, intimidated, harassed, many families being rendered homeless and without shelter, as well as women and girls facing sexual violence.
  • Villages have been ransacked and being tortured collectively and individually.
  • The forced demographic change in IOJ&K under the new Domicile Rules by India is institutionalizing a system of domination over indigenous populations and their disempowerment and disenfranchisement- around 25,000 Indian nationals have been granted domicile certificates till date.
  • Independent Permanent Human Rights Commission (IPHRC) of the Organization of Islamic Countries (OIC), has termed IOJ&K as “world’s largest prison”.
  • The egregious human rights violations in IOJ&K are not new and have been documented in detail in the two Kashmir Reports of 2018 and 2019 of the Office of the High Commissioner for Human Rights (OHCHR), repeatedly calling for establishment of a “Commission of Inquiry” (COI) to investigate gross and systematic violations of the rights of people of IOJ&K.
  • The recent spike in systematic violence and discrimination against Muslims in India, coupled with decades of oppression and atrocities in IOJK, are all part of the “Hindutva” ideology of BJP-RSS government.
  • If the state sponsored terrorism by India in IOJ&K goes unchecked, it will lead to ethnic cleansing, genocide, and further crimes against humanity.
  • The international community must prevail upon India to ‘unlock’ freedoms in IOJ&K, lift inhuman military siege, release all political prisoners, restore access to internet and communications services and allow people to enjoy all liberties and freedoms. Above all India should also allow the Kashmiris to exercise freely their inalienable right to self-determination.

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