RECOGNIZING the concern chartered by the European Union’s MPAs regarding India’s blatant human rights violations in the Indian illegally occupied Jammu and Kashmir (IIOJK), the European Commission’s President Ursula Von der Leven and Vice President Joseph Borrell have joined the voice of global community to follow the fundamental norms of a rule-based international order in the world. They have assured that the matter would be taken up with the Indian Government in the near future. They have also emphasized the significance of negotiations surrounding human rights issues in the occupied Kashmir. The EU Commission underscored the need for talks on human rights violations through a letter to the European Parliament members, mostly belonging to Italy, Greece, France, Spain and Sweden.
The European Parliament members, in their letter, had urged the President and Vice-President of the European Commission to bring India and Pakistan to the negotiating table and play their role in resolving the Kashmir issue through dialogue. Since 2007, EU Parliament is engaged in releasing its report on HR violations in the Indian illegally occupied Kashmir.
Published in June 2018, the first-ever UN human rights report on Kashmir called for establishing a Commission of Inquiry. UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, called to curb excessive use of force by the Indian security forces which has led to unlawful killings and a very high number of injuries. The Armed Forces (Jammu and Kashmir) Special Powers Act 1990 (AFSPA) and the Jammu and Kashmir Public Safety Act 1978 (PSA) give security forces virtual immunity against prosecution for any kind of human-rights violations, including enforced or involuntary disappearances and rape.
Since 2016, hundreds of Kashmiri protesters have been blinded by Indian shotgun pellets used as a ‘non-lethal’ crowd control measure. Pakistan Foreign Office noted that global parliaments have debated the issue of Kashmir and the United Nations Security Council (UNSC) has discussed the issue at least three times since August 2019. Additionally, two reports by the UN High Commissioner for Human Rights have recommended an Independent Commission of Inquiry to investigate the gross human rights violations by India in the occupied territory, added the FO.
Recently, The British lawmakers supported call by Human Rights Watch that India has not been holding transparent investigations in cases of human rights abuse in IIOJK. The British lawmakers called for a transparent, credible and independent investigation into the human rights violation cases in IIOJK, pointing to a fake encounter in which four Kashmiri civilians were murdered by Indian occupying forces. “The demarche issued to Indian envoy by the British lawmakers exemplifies that voice of Kashmiris is being heard,” Kayani said, thanking Ms Abrahams for taking up the issue with the Indian Government.
And yet, Canadian civil society, human rights and faith community organisations have appealed to Prime Minister Justin Trudeau to take diplomatic measures in response to the “systematic discrimination and violence inflicted upon vulnerable minorities in India”. In an open letter, addressed to Trudeau, they said “grave human rights concerns” with regard to India have not been publicly addressed in Canada’s diplomatic and trade relations with the Bharatiya Janata Party (BJP) Government.
On August 20, a multitude of protestors proceeded to Parliament Hill and then to the Prime Minister’s Office to symbolically deliver a joint letter with over 80 organisational signatories, including the South Asian Diaspora Action Collective, South Asian Network for Secularism and Democracy, Alternatives International, Canadian Council of Indian Muslims, Hindus for Human Rights—Canada, Indian Civil Watch International, International Council of Indian Muslims, Justice for All Canada, SADAN – South Asian Dalit Adivasi Network- Canada, among others. The protest was organised by an alliance of 20 Diaspora organisations and diverse community partners from across Canada.
On the eve of BRICS summit 2023 (August 24), protest demonstrations were held near the BRICS Summit venue in Johannesburg and other South African cities, against the Narendra Modi-led Indian government’s oppressive policies in Indian illegally occupied Jammu and Kashmir and in India. The protests took place as Indian Prime Minister, Narendra Modi, arrived in Johannesburg to attend the BRICS summit. The protestors condemned the unabated oppression of Kashmiri people by Indian troops in IIOJK and persecution of minorities by Hindutva forces in India. They were holding banners bearing slogans like “free Kashmir”, “Release Yasin Malik” and “Modi, the butcher of Gujarat”.
Ironically, amid the growing international concern regarding the diminishing human rights situation in IIOJK, Ironically, New Delhi organized 18th G20 meeting (Sept. 9-10). Notably, the two G 20 leaders, Russian President Vladimir Putin and Chinese President Xi Jibing remained absent. On this occasion, the UN special rapporteur on minority gave statement showing grave concern regarding human rights violations in IIOJK –thereby advocating that these transgressions have significantly increased since 2019 following the government’s revocation of the region’s special status. Moreover, the UN Independent Expert cautioned against the Government of India’s attempts to normalize the situation by hosting a G20 meeting on tourism, despite concerns expressed by the United Nations High Commissioner for Human Rights (UNHCHR).
On 16 March 2023, the OIC Contact Group members in their statements, while expressing their continued support for the people of Jammu and Kashmir, called for a peaceful settlement of the dispute in accordance with the relevant United Nations Security Council resolutions. They reiterated their call on India to respect the fundamental and basic human rights of the people of Jammu and Kashmir and refrain from altering the demographic structure of the disputed territory.
Given the current deteriorating human right situation in IIOJK, there is no denying that the establishment of a fact finding Commission of Inquiry under the UN’s auspices is the most urgent need of all times. Yet, owing to the geopolitical expediencies indoctrinated by the power politics, the western establishment is unable to take any prompt measures against the Indian policies practiced in the IIOJK. The world community needs to adopt a clear stand on the HR transgressions in the IIOJK in order to uphold the right of a rule-based international order.
—The writer, an independent ‘IR’ researcher-cum-international law analyst based in Pakistan, is member of European Consortium for Political Research Standing Group on IR, Critical Peace & Conflict Studies, also a member of Washington Foreign Law Society and European Society of International Law. He deals with the strategic and nuclear issues.
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