International People's Tribunal on Human Rights and Justice in Kashmir

Last updated
International People's Tribunal on Human Rights and Justice in Kashmir
Founded2008
PurposeInvestigation of Human right abuses in Jammu and Kashmir
Area served
Jammu and Kashmir
Key people
Parvez Imroz, Angana P. Chatterji, Gautam Navlakha and Zaheer-Ud-Din
Website www.kashmirprocess.org

International People's Tribunal on Human Rights and Justice in Kashmir (IPTK) is a People's Tribunal formed by Indian human rights activists for the purpose of probing human right violations in the Indian-administered territory of Jammu and Kashmir, and bridging the gap between people living in Kashmir and rest of India. It was first convened in 2008 by Parvez Imroz, Angana P. Chatterji, Gautam Navlakha and Zaheer-Ud-Din. [1] Chatterji served as convener until December 2012. [2]

Contents

Background

The Tribunal was first envisioned in 2006 when Parvez Imroz, a human rights activist, invited Angana Chatterji to Kashmir. From 2006–2008, Chatterji studied the Kashmir issue and interviewed the locals. Mallika Kaur, a scholar of Harvard Kennedy School, while explaining the need of the Tribunal, said that there was no such mechanism for investigating the human right abuses in this hypermilitarized region. [1]

The Tribunal's mandate does not include finding political solutions to resolve the Kashmir issue. Instead it includes recording and investigating crimes committed only in the part of Kashmir administered by India. According to Mallika Kaur the Tribunal did not include the Pakistani-administered Kashmir because it was set up by Indian citizens and access across the heavily guarded border is not possible. The Tribunal was also mandated to investigate how the violations of human rights by the militants intersect with those security forces. [1] [3]

Findings

In December 2009 the International People's Tribunal released a report titled Buried Evidence. [4] The Tribunal alleges that the insurgency from 1989–2009 has caused more than 70,000 deaths. [5] According to Angana P. Chatterji, the convener of the Tribunal, they investigated fifty killings by the Indian Security Forces; except one all were declared militant. Of those who were killed in these incidents 39 were Muslims, four were Hindus and rest were of undetermined religious background. The Tribunal found that only one of those killed was a militant and the rest were killed in staged encounters. [6] She further stresses the need of an independent inquiry into forced disappearances and fake encounters, which according to her may result in some correlation of 8000 disappearances with the bodies in unmarked graves. [5] The Tribunal found 2700 (about 3000 [7] ) unknown and unmarked graves having 2900 bodies [5] in three districts of Jammu and Kashmir. [8] A gravedigger in a statement to the Tribunal said that he witnessed the burials of 203 people killed extrajudicially between 2002–2006. [9] The Tribunal has criticized the United Nations and its members for failing to stop the fallout of the India's militarization in the valley. [5]

In December 2012 IPTK along with Association of Parents of Disappeared Persons released a report Alleged Perpetrators – Stories of Impunity in Jammu and Kashmir, which alleged involvement of about 500 Indian Armed Forces officials in human rights abuses in Kashmir. [10] [11] Those accused included three Brigadier rank officers of Indian Army. [12] The access to the official record available with the police along with interviewing the affected families helped in preparing the report, which took over two years to get completed. [11] The report that alleges that the perpetrators of crimes in Kashmir are decorated instead of prosecuted, analysed 214 cases of abuse and further mentions 8,000 forced disappearances and 70 killings. [10] [13]

Activities

In 2008 the Tribunal officials came under attack in the valley allegedly from Indian security forces. Besides spying and harassment of the tribunal, grenades were hurled at Parvez Imroz's residence in Kashmir on 30 June. [1] The tribunal in a memorandum submitted to the government said that the use of landmines by the Indian Security Forces in the valley imperils the lives of civilian population. [14] In June 2010 the tribunal presented its finding to the British Parliamentary Group on Kashmir (APPG-K). [15] The IPTK in November 2010 presented a memorandum along with other human rights organizations. The memorandum asked the US President Barack Obama as well as the international community to play their part in settling the Kashmir dispute that has been lingering on for six decades. Moreover, it asked Obama to raise the issue of Kashmir with Indian premier Manmohan Singh and to not jeopardize this issue on the cost of improving relations with India.[ citation needed ]

Reception

The local people of the Kashmir valley welcomed the Tribunal and offered their help even when they were threatened. The people according to Imroz were content that this issue is being taken up internationally. The European Parliament supported the Tribunal by inviting them to testify before Parliament's Subcommittee on Human Rights at Brussels [16] and adopting a resolution on allegations of mass graves. [17] in 2008. [1]

See also

Related Research Articles

Armed Forces Special Powers Act (AFSPA), 1958 is an act of the Parliament of India that grants special powers to the Indian Armed Forces to maintain public order in "disturbed areas". According to the Disturbed Areas Act, 1976 once declared 'disturbed', the area has to maintain status quo for a minimum of 6 months. One such act passed on 11 September 1958 was applicable to the Naga Hills, then part of Assam. In the following decades it spread, one by one, to the other Seven Sister States in India's northeast. Another one passed in 1983 and applicable to Punjab and Chandigarh was withdrawn in 1997, roughly 14 years after it came to force. An act passed in 1990 was applied to Jammu and Kashmir and has been in force since.

Insurgency in Jammu and Kashmir Ongoing militant uprising in Jammu and Kashmir

The insurgency in Jammu and Kashmir is against the Indian administration of Jammu and Kashmir, a region constituting the southern portion of the larger Kashmir region, which has been the subject of a dispute between India and Pakistan since 1947.

Kashmir conflict Territorial conflict between India, Pakistan and China

The Kashmir conflict is a territorial conflict over the Kashmir region, primarily between India and Pakistan, with China playing a third-party role. The conflict started after the partition of India in 1947 as both India and Pakistan claimed the entirety of the former princely state of Jammu and Kashmir. It is a dispute over the region that escalated into three wars between India and Pakistan and several other armed skirmishes. India controls approximately 55% of the land area of the region that includes Jammu, the Kashmir Valley, most of Ladakh, the Siachen Glacier, and 70% of its population; Pakistan controls approximately 35% of the land area that includes Azad Kashmir and Gilgit-Baltistan; and China controls the remaining 20% of the land area that includes the Aksai Chin region, the mostly uninhabited Trans-Karakoram Tract, and part of the Demchok sector.

Human rights in India is an issue complicated by the country's large size and population, widespread poverty, lack of proper education, as well as its diverse culture, despite its status as the world's largest sovereign, secular, democratic republic. The Constitution of India provides for Fundamental rights, which include freedom of religion. Clauses also provide for freedom of speech, as well as separation of executive and judiciary and freedom of movement within the country and abroad. The country also has an independent judiciary as well as bodies to look into issues of human rights.

Politics of Jammu and Kashmir Union Territory In India

Jammu and Kashmir is administered by the Republic of India within the framework of a federal parliamentary republic as a union territory, like the union territory of Puducherry, with a multi-party democratic system of governance. Until 2019, it was governed as a state administered by India. Politics in the region reflects the historical tension and dispute that the state has been a part of in the form of the Kashmir conflict. The head of state is the Lieutenant Governor of Jammu and Kashmir, currently Manoj Sinha, while the head of government is the Chief Minister of Jammu and Kashmir, currently vacant. Legislative power is vested in the Legislative Assembly of Jammu and Kashmir. The judiciary is independent of the executive and the legislature.

The Kunan Poshspora incident was an alleged mass-rape that occurred on 23 February 1991 when unit(s) of the Indian security forces, after being fired upon by militants, launched a search operation in the twin villages of Kunan and Poshpora, located in Kashmir's remote Kupwara District. The residents of the neighbourhood stated that militants had fired on soldiers nearby, which prompted the operation. Some of the villagers claimed that many women were raped by soldiers that night. The First information report filed in the police station after a visit by the local magistrate reported the number of women alleging rape as 23. However, Human Rights Watch asserts that this number could be between 23 and 100. These allegations were denied by the army. The government determined that the evidence was not sufficient and issued a statement condemning the allegations as terrorist propaganda.

The Zakura And Tengpora Massacre was the killing of protesters calling for the implementation of a United Nations resolution regarding the plebiscite in Kashmir at Zakura Crossing and Tengpora Bypass Road in Srinagar on 1 March 1990, in which 3 people were killed and 14injured by Indian forces. It led Amnesty International to issue an appeal for urgent action on Kashmir.

Parvez Imroz is a Kashmiri human rights lawyer and a civil rights activist in Srinagar, the capital of the Jammu and Kashmir.

Angana P. Chatterji Indian anthropologist, activist, and feminist historian

Angana P. Chatterji is an Indian anthropologist, activist, and feminist historian, whose research is closely related to her advocacy work and focuses mainly on India. She co-founded the International People's Tribunal on Human Rights and Justice in Kashmir and was a co-convener from April 2008 to December 2012.

Human rights abuses in Jammu and Kashmir range from mass killings, enforced disappearances, torture, rape and sexual abuse to political repression and suppression of freedom of speech. The Indian Army, Central Reserve Police Force (CRPF), Border Security Personnel (BSF) have been accused and held accountable for committing severe human rights abuses against Kashmiri civilians. Militant groups have also been held responsible for similar crimes, but the vast majority of abuses have been perpetrated by the armed forces of the Indian government.

Human rights abuses in Azad Kashmir, Pakistan, have been a partial issue, ranging from forced disappearances, claimed torture to political repression and electoral fraud and suppression of freedom of speech. According to the human rights commission of Pakistan, Inter-Services Intelligence (ISI) carries out extensive surveillance operations on the press and pro-independence groups, they have carried out arbitrary arrests in which people have been tortured and several have died. Asian Legal Resource Centre (ALRC) is cited to indicate that dozens have disappeared after their arrests in Pakistan-held Kashmir. A significant number of cases point to the Inter-Services Intelligence’s involvement in these disappearances".

Human rights abuses in Kashmir is an issue connected to the territory's disputed and divided status with respect to the conflict between India and Pakistan. The issue pertains to abuses in both the region administered by India and the region administered by Pakistan, particularly since the beginning of the dispute in 1947 after the partition of India.

Indian Peoples Tribunal Organization

The Indian People's Tribunal (IPT), also called the Indian People's Tribunal on Environmental and Human Rights or Independent People's Tribunal, was a People's Tribunal set up by the Human Rights Law Network (HRLN) on 5 June 1993. The IPT is an unofficial body led by retired judges who form a panel that conducts public enquiries into human rights and environmental abuses. It provides an alternative outlet for the victims faced with official obstruction and delays. Since being founded the IPT has conducted numerous investigations into cases of relocation of rural people to make way for dams or parks, eviction of slum dwellers, industrial pollution and communal or state-sponsored violence.

Mihir Desai is a human rights lawyer in cases of mass murders & riots, fake encounter & custodial deaths by the police, police brutality, freedom of speech & journalists, political activists & prisoners of conscience, excesses by the state, mass disappearances & deaths and genocide probes. A senior counsel, he has been practicing criminal matters in Bombay High Court, Mumbai and the Supreme Court of India.

<i>Kashmir: The Case for Freedom</i>

Kashmir: The Case for Freedom is a collection of essays by Tariq Ali, Hilal Bhat, Angana P. Chatterji, Habbah Khatun, Pankaj Mishra and Arundhati Roy, published by Verso.

Gautam Navlakha Indian human rights activist and journalist

Gautam Navlakha is an Indian human rights activist and journalist. He is engaged in left-wing activism and is a critic of army and state atrocities in Kashmir. He is a member of People's Union for Democratic Rights, Delhi. He is also an editorial consultant of the Economic and Political Weekly. He resides in New Delhi.

Parveena Ahangar is the Founder and Chairperson of Association of Parents of Disappeared Persons (APDP) in Jammu and Kashmir.

Khurram Parvez is a Kashmiri human rights activist.

The Kashmir Conflict has been characterized by large scale usage of sexual violence by multiple belligerents since its inception.

References

  1. 1 2 3 4 5 Mallika Kaur Sarkaria (22 March 2009). "On trial: human rights in Kashmir". Kennedy School Review.[ dead link ]
  2. "Conveners, Legal Counsel, and Liaison". kashmirprocess.org. Retrieved 2019-06-28.
  3. "Premise and Objectives". www.kashmirprocess.org. Retrieved 2019-06-28.
  4. Shujaat Bukhari (24 September 2011). "The SHRC report on Jammu and Kashmir's enforced disappearances and mass graves puts the State and Central governments on the spot". Frontline. 28 (20). Retrieved 9 August 2013.
  5. 1 2 3 4 "Mass graves found in North Kashmir containing 2,900 unmarked bodies". The Hindu. 3 December 2009. Retrieved 9 August 2013.
  6. Angana P. Chatterji (5 March 2012). "Witnessing as Feminist Intervention in India-Administered Kashmir". In Ania Loomba, Ritty A. Lukose (ed.). South Asian Feminisms. Duke University Press. pp. 181–204. ISBN   978-0-8223517-9-5 . Retrieved 9 August 2013.
  7. Sanjay Kak (2011). "The Fire is at my heart". In Sanjay Kak (ed.). Until My Freedom Has Come: The New Intifada in Kashmir. Penguin Books. pp. x–xi. ISBN   978-0-1434164-7-0 . Retrieved 9 August 2013.
  8. "Kashmir mass grave sites mount, rights group says". Taipei Times. 4 December 2009. Retrieved 9 August 2013.
  9. Women News Network (5 November 2012). "Kashmir women seek justice in cases of disappeared people". Thomson Reuters Foundation. Retrieved 9 August 2013.
  10. 1 2 "Indian officials accused of Kashmir rights abuses". BBC News. 6 December 2013. Retrieved 9 August 2013.
  11. 1 2 Karen Diep (7 December 2012). "Report Alleges Abuse by Indian Officials in Kashmir". Impunity Watch. Syracuse University College of Law. Retrieved 9 August 2013.
  12. Ahmed Ali Fayyaz (7 December 2012). "Top Army, police officials involved in human rights abuse in Kashmir". The Hindu. Retrieved 9 August 2013.
  13. Ameer Tarin (8 April 2013). "Kashmir's tempestuous human right abuses". The Canadian – Agora Cosmopolitan. Retrieved 9 August 2013.
  14. Landmine Monitor 2009. Canada: Mines Action. October 2009. pp. 931–932. ISBN   978-0-9738955-5-1.
  15. "Angana Chatterji and Kashmir Tribunal at UK Parliament". California Institute of Integral Studies Newsletter. Retrieved 9 August 2013.
  16. "17 July 2008: European Parliament Hearing on Kashmir". kashmirprocess.org. Retrieved 2019-06-28.
  17. "Texts adopted – Thursday, 10 July 2008 – Kashmir – P6_TA(2008)0366". www.europarl.europa.eu. Retrieved 2019-06-28.