UNCHR defends its report on Kashmir

By Firdous Hassan

Srinagar: The United Nations Commission for Human Rights (UNCHR) claimed that its report on “human rights abuse” in Kashmir was “an attempt to break out of the political binaries on Kashmir and to bring human rights issues in the region to the fore”.
The UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein in an article to The Indian Express reacted to allegations made by the Indian government over the report by describing it “fallacious, tendentious and motivated”.
“The report was motivated by the desire to contribute to the search for peace and justice in Kashmir, and I urge you (India) to read it in that spirit,” he wrote.
Hussein said that accountability for human rights abuses and violations cannot be indefinitely suspended while waiting for a political solution to Kashmir.
“If anything, adhering to human rights principles can help reduce tensions and prepare the grounds for a sustainable solution.”
He said India and Pakistan have “repeatedly refused unconditional access to the commission over talk on human rights abuses”.
“My office has been seeking access to both sides of Kashmir since 2016 but India and Pakistan have repeatedly refused unconditional access. This cannot and should not stop us from talking about human rights concerns in Kashmir. It is my role as High Commissioner to speak up for victims,” Hussein wrote.
“Our public reports seek to shine a light on abuses and violations, and ultimately to assist states and other stakeholders to identify and address human rights challenges—and so improve the protection of human rights of everyone,” he added.
Hussein said that there existed a “large deficit in terms of human rights protection and accountability on both sides of the Line of Control”.
“This needs to be addressed urgently. This is why I am calling on the UN Human Rights Council to consider setting up a Commission of Inquiry to conduct a comprehensive independent international investigation into all allegations of human rights violations and abuses in Kashmir,” Hussein wrote.
The UN High Commissioner for Human Rights described the reaction of India on the report as “puzzling”, saying the fact have been presented from government documents and sources.
“For example, the numbers of civilians killed or injured since July 2016 come from the Chief Minister of Jammu and Kashmir as reported to the Legislative Assembly. Indeed, many of the issues the report details have previously been raised by Indian and international human rights experts, as well as government-appointed commissions and Indian civil society organisations,” he wrote.
Hussein said the “culture of impunity for human rights violations” under laws such as the Armed Forces (Jammu and Kashmir) Special Powers Act of 1990 (AFSPA) and the Jammu and Kashmir Public Safety Act of 1978 was “deeply concerning”.
“How is it that a country that prides itself on its democratic institutions has not allowed a single trial in nearly 28 years of armed forces personnel accused of serious violations, including killings, rape, torture and enforced disappearances?” he wrote.
The UN High Commissioner for Human Rights said that free and fair trials could help them in finding the truth.
“The victims and their families deserve to know the truth and if people are found guilty then they should be brought to justice in line with international standards to which both countries have committed. Subverting the process of justice does great harm to India’s democratic traditions.”
Reacting over India’s allegations of “ignoring human rights abuses in Pakistan”, Hussein wrote, “The report also clearly cites the inclusion of LeT, Hizbul Mujahideen or Jaish-e-Mohammed in the United Nations Security Council Sanctions List, and we have not minced words about what they have done and from where they have derived their support.”
“My office has also been monitoring the human rights situation in Pakistan-Administered Kashmir. The report raises concerns about the restrictions on freedom of expression, persecution of religious minorities and misuse of anti-terrorism laws to muzzle dissenting voices.”
“The report found that there is tremendous pressure on independent human rights organisations and media in Pakistan-Administered Kashmir, which leads to self-censorship.”
Hussein in the article asked the Indian government to look over the human rights situation in Kashmir that he said has led to the “alienation of people, particularly the young people”.
“The people of Kashmir have repeatedly asked for justice and an end to the cycles of violence,” he wrote.