Geneva, Sep 9: UN Human Rights chief Michelle Bachelet on Monday asked India and Pakistan to ensure that the human rights of the Kashmiri people are respected and protected, amid tensions between the two neighbours after New Delhi revoked the special status of Jammu and Kashmir.
Bachelet, the UN High Commissioner for Human Rights, also asked India to ensure that the National Register of Citizens (NRC) verification in Assam does not leave the people stateless.
On Kashmir, she said her office continues to receive reports on the human rights situation on both sides of the Line of Control.
“I am deeply concerned about the impact of recent actions by the Government of India on the human rights of Kashmiris, including restrictions on internet communications and peaceful assembly, and the detention of local political leaders and activists,” she said in her opening statement at the 42st session of the Human Rights Council.
Tensions between India and Pakistan spiked after India abrogated provisions of Article 370 of the Constitution to withdraw Jammu and Kashmir”s special status and bifurcated it into two Union Territories, evoking strong reactions from Pakistan.
“While I continue to urge the Governments of India and Pakistan to ensure that human rights are respected and protected, I have appealed particularly to India to ease the current lockdowns or curfews; to ensure people”s access to basic services; and that all due process rights are respected for those who have been detained,” she said.
Bachelet said it was important that the people of Kashmir are consulted and engaged in any decision-making processes that have an impact on their future.
Asserting that abrogation of Article 370 was its internal matter, India has strongly criticised Pakistan for making “irresponsible statements” and provocative anti-India rhetoric over issues internal to it.
Bachelet also said the recent NRC verification process in Assam has caused great uncertainty and anxiety, with some 1.9 million people excluded from the final list published on August 31.
She appealed to the Indian government to ensure due process during the appeals process, prevent deportation or detention, and ensure people are protected from statelessness.
India says updating of the NRC is a statutory, transparent, legal process mandated by the Supreme Court of India. It maintains that the exclusion from the NRC has no implication on the rights of an individual resident in Assam.
“For those who are not in the final list will not be detained and will continue to enjoy all the rights as before till they have exhausted all the remedies available under the law. It does not make the excluded person “Stateless”,” the External Affairs Ministry said in a statement last week.
“It also does not make him or her ”a Foreigner”, within the legal meaning of the term. They will not be deprived of any rights or entitlements which they have enjoyed before,” the statement said.
UN chief could discuss Kashmir issue at UNGA: UN spokesman
UN Secretary General Antonio Guterres is likely to use the opportunity of discussions during the high-level UN General Assembly session that begins here next week to raise the Kashmir issue, the UN chief’s spokesperson has said.
Spokesman for the Secretary-General Stephane Dujarric during the daily press briefing here on Thursday said that the UN chief has underscored the need for dialogue as the only way to resolve the issue and, “as part of the solution for the current crisis in Kashmir, to make sure that human rights aspects are very much dealt with, as well.”
“…On Kashmir, the Secretary General… has said previously, he remains engaged. I think he will also use the opportunity of discussions during the General Assembly to raise it,” Dujarric said, responding to a question on the situation in Kashmir.
On Wednesday, Guterres emphasised that “dialogue” between India and Pakistan is an “absolute essential element” for reaching a solution on the Kashmir issue, and said his good offices are available should both sides ask for it and called for full respect of human rights.
“Well, our capacity is related to good offices, and good offices can only be implemented when the parties accept it. And, on the other hand, it relates to advocacy, and the advocacy was expressed and will be maintained,” Guterres said during his press conference ahead of the UN General Assembly session.
Guterres was asked by a Pakistani journalist about the situation in Jammu and Kashmir and what will he do to bring a solution to the Kashmir issue.
“I go on with a clear opinion that human rights must be fully respected in the territory, and I go on with the clear opinion that dialogue between India and Pakistan is an absolutely essential element for the solution of the problem,” he said.
India has always maintained that Jammu and Kashmir is its integral part and ruled out any third party mediation, including either from the UN or the US, saying it is a bilateral issue with Pakistan.
The UN Secretary General has also repeatedly asserted that his good offices are available only if both sides ask for it.
Tension between India and Pakistan escalated after New Delhi revoked Jammu and Kashmir’s special status on August 5. Pakistan has downgraded diplomatic ties with New Delhi and expelled the Indian High Commissioner.
Pakistan has been trying to internationalise the Kashmir issue but India has asserted that the abrogation of Article 370 was its “internal matter”.
Pakistan Prime Minister Imran Khan has vowed to raise the Kashmir issue at the UN General Assembly (UNGA) session in New York on September 27. Prime Minister Narendra Modi is also scheduled to speak on the same day.
Amid Kashmir tensions, India will participate at SAARC meeting in New York
NEW DELHI: Amid heightened Indo-Pak tensions, India will participate at the SAARC foreign ministers meeting scheduled to be held on September 26 on the sidelines of the UN General Assembly session, officials said on Thursday.
External Affairs Minister S Jaishankar and Minister of State for External Affairs V Muraleedharan will be present in the US next week and will hold bilateral and multilateral meetings.
Officials said India will participate in the South Asian Association for Regional Cooperation foreign ministers meeting that is scheduled for September 26.
The meeting on the sidelines of the UNGA could bring Jaishankar and his Pakistani counterpart Shah Mehmood Qureshi face to face for the first time after the abrogation of Article 370 provisions.
Asked about a possible meeting with his Pakistani counterpart as well as the future of the SAARC regional grouping, Jaishankar, at a press conference earlier this week, had said, “if and when I meet Pakistani Foreign Minister, we will see at that time what happens”.
The SAARC is about regional cooperation and that refers to trade, MFN, connectivity etc.
, he had said, adding that now every member knows which country is promoting SAARC and which one is impeding it.
Last year, then External Affairs Minister Sushma Swaraj had attended the SAARC Foreign Ministers meeting, usually held on the sidelines of the UNGA.
Plea alleges detention of children in Kashmir, SC seeks report
The Supreme Court on Friday sought a report from Jammu and Kashmir High Court on the alleged detention of children in Kashmir during curbs following the scrapping of Article 370 in the state on August 5.
Senior advocate Huzefa Ahmadi, representing child right activists Inakshi Ganguly and Shanta Sinha who have alleged detention of children in Kashmir, had on September 16 told the apex court that people in the Valley are not able to approach the high court there.
A bench headed by Chief Justice Ranjan Gogoi said it would entertain the petition regarding alleged detention of children in Kashmir as the plea has raised “substantial issues” regarding minors. The top court directed the Juvenile Justice Committee of the Jammu and Kashmir High Court to file a report before it within a week on the issue.
The Supreme Court also said it had received a report from the Chief Justice of Jammu and Kashmir High Court and claims that people are unable to access the court there are not supported.
“We have received the report from the chief justice (of Jammu and Kashmir High Court) which does not support your statement,” the bench also comprising justices S A Bobde and S A Nazeer told the counsel appearing for the petitioners.
The Supreme Court also sought response from the Jammu and Kashmir administration on a plea challenging detention of five persons in Kashmir following the abrogation of Article 370.
The bench asked Solicitor General Tushar Mehta, who was appearing for the Jammu and Kashmir administration, to file his response.