Legal Forum for Kashmir (LFK) petitions UN experts against Indian Raids in Kashmir.
Mr José Guevara Bermúdez,
The UN Working Group on Arbitrary Detention.
Mr Nils Melzer,
The UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or Punishment.
Mr Diego García-Sayán,
The UN Special Rapporteur on the independence of judges and lawyers.
Mr David Kaye,
The UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression.
Subject: Urgent intervention urged to protect human rights defenders, journalists, and of members of civil society/charitable, humanitarian aid organizations operating in Indian-administered Kashmir
Legal Forum for Oppressed Voices of Kashmir (LFK) addresses this joint urgent appeal to your mandate with regard to the intimidation and harassment of human rights defenders, senior journalists and members of charitable trust organizations, who have been facing state persecution for working on the humanitarian fronts. We urgently request your intervention to uphold the right to freedom of expression, right to life with dignity and honor, right to hold opinions without interference.
A day after disempowering land laws in occupied Kashmir, India’s federal agency NIA starts intimidation and harassment to human rights defenders and renowned media personnel[1]. The persecution of human rights defenders in occupied Kashmir is ill motivated, in a sense that the government of India is continuing its illegal process to change the demographic character of the disputed region.
On 28th October, 2020 National Investigation Agency (NIA) raided the house of renowned human rights activist and the Coordinator of Jammu Kashmir Coalition of Civil Society (JKCCS), Mr Khurram Parvez and his associates Parvez Ahmed Mata and Bangaluru based Swati Sheshadri; Miss Parveena Ahanger, Chairperson of Association of Parents of Disappeared Persons (APDP); renowned journalist Parvaiz Bukhari who works for Agency France’ Press (AFP) from Indian-administered Kashmir.
On the same day, the NIA raided the office of renowned English Daily Greater Kashmir and helping hand NGO Athrout. During the raid, the NIA has seized the official documents and electronic devices in connection with the so-called investigation of an open FIR, registered by NIA.
On 29th October, 2020, the NIA again raided six not-for-profit, charitable and humanitarian trusts at nine places, including the property of Former Delhi Minority Commission Chief Mr Zafar-ul-Islam Khan[2].
The six charitable NGOs, raided by NIA are Falah-e-Aam Trust, Charity Alliance, Human Welfare Foundation, JK Yateem Foundation, Salvation Movement and J&K Voice of Victims[3].
The two NGOs, namely Charity Alliance and Human Welfare Foundation are based in Delhi, India’s capital, while rest are based in Srinagar, the capital of Indian-occupied Kashmir.
The Rafto Foundation, a renowned organization delegated to Global Promotion of Human Rights, condemned these raids and allegations stating that it appears, wholly implausible to us. ‘We have worked closely with APDPK and JKCCS for three years, discussing all aspects of their situations. Their denouncement of political violence has been vehement and absolute,” Rafto said.[4].
The Rafto Human Rights Prize for 2017 was awarded to Parveena Ahanger as Chairperson of APDP and Parvez Imroz as President of JKCCS.
Meanwhile, the journalist fraternity also condemned the continuous harassment of media institutions and Kashmiri journalists, including Parvaiz Bukhari — the internationally known journalist whose work has been published in Time magazine, Al Jazeera etc. The journalist fraternity in a statement said the continuous harassment is aimed at silencing the reports and curbing the freedom of press[5].
Amnesty International also termed these raids an alarming reminder that India’s government is determined to suppress all the dissenting voices in Jammu and Kashmir[6].
According to the rule 34 of the study on customary international humanitarian law, civilian journalists engaged in professional missions in areas of armed conflict must be respected and protected as long as they are not taking a direct part in hostility. This protection remains almost the same in international and non-international armed conflicts.
Resolutions and declarations have been undertaken within the UN system to prevent acts of violence against journalists including UNESCO Resolution 29 (1997), U.N. Security Council Resolution 1738 (2006), the Medellin Declaration, (May 4, 2007) and the Declaration on the Safety of Journalists (2009). The resolutions condemn attacks on journalists in conflict situations and urge member states to investigate all acts of against journalists.
Both the United Nations systems and the regional systems for the protection of human rights have approved a number of resolutions specifically on the topic of human rights defenders. Those resolutions have put into place special mechanisms of protection. At the global level, and at the request of the UN Commission on Human Rights[7], the UN Secretary-General named a special representative on the situation of human rights defenders.
In March 2008, through resolution 7/8 of the Human Rights Council, the office of the representative became the Special Rapporteurship on the Situation of Human Rights Defenders[8].
In light of the above, LFOVK urges your mandate to intervene immediately to ensure respect for human rights defenders, journalists and the members of charitable and humanitarian aid organizations, their right of safety and well being, and in particular, to:
i) Calls on India to stop the intimidation, threat and ill-treatment against human rights defenders, journalists and members of charitable and humanitarian aid organizations.
ii) Calls on India to protect human rights defenders, journalists and members of charitable organizations when their life and personal integrity are in jeopardy, and by adopting an effective strategy of prevention in order to ward off attacks against human rights defenders.
iii) Adopt a mechanism to refrain from any type of arbitrary or abusing or medaling in the residences of human rights defenders and offices of human rights organizations and journalists and members of charity organizations.
iv) Instruct the authorities attached to National Investigation Agency (NIA) to respect these rights, and impose disciplinary and criminal sanctions on those who engage in such practices. Revive the premises and procedural govern intelligence-gathering activities with regard to human rights defenders and their organizations to ensure due protection of their rights.
v) Refrain from promoting anti-terror laws and policies on the human rights organizations, journalist bodies, and charity and humanitarian aid organizations that use vague, imprecise, and broad definitions of legitimate grounds for restricting their establishment and operation.
The Legal Forum for Oppressed Voices of Kashmir (LFK) is an international, nonviolent, and legal organization. Its members are indigenous people of the occupied territory in Jammu and Kashmir. The aim of the organization is to defend the political, social, and human rights of Kashmiris and to promote the UN-sanctioned Right of Self-Determination.
Sincerely
1- Ali Nawaz Chowhan, Justice (R)
Honorary Chairperson, LFK. First Chairman of National Commission for Human Rights, Pakistan. Honorable Chief Justice of The Republic of The Gambia. Judge at The Hague
2- Nasir Qadri, Advocate
Director LFK, Indian-occupied Kashmir
3- Tayyaba Sultana, Advocate
Research Associate, LFK
[1] Kashmir: Indian anti-terror agency raids multiple shots, Anadolu Agency
[2] Neeta Sharma, In More NIA Raids In Terror Funding Case, Srinagar, Delhi NGOs Searched, NDTV, October 29, 2020 https://www.ndtv.com/india-news/nia-raids-in-srinagar-delhi-in-terror-funding-case-former-delhi-minority-commission-chief-zafarul-islam-searched-2317288?pfrom=home-topscroll
[3] Muzzafar Raina, NIA raids cross-section of civil society in Kashmir, The Telegraph Online, Srinagar, 30 October, 2020 https://www.telegraphindia.com/india/crackdown-on-jammu-and-kashmir-civil-society/cid/1795902
[4] ‘Stop the persecution of human rights defenders in India now’, Rafto https://rafto.no/feed/stop-the-persecution-of-human-rights-defenders-in-india-now
[5] News Desk, Kashmir journalist bodies condemn continuous harassment of media institutions, The Kashmir Walla, Srinagar, 29th October, 2020 https://thekashmirwalla.com/2020/10/kashmir-journalist-bodies-condemn-continuous-harassment-of-media-institutions/
[6] ‘India: Counter-terror raids on civil society groups signal escalating crackdown on dissent’, Amnesty International, 29th October 2020 https://www.amnesty.org/en/latest/news/2020/10/india-counter-terror-raids-on-civil-society-groups-signal-escalating-crackdown-on-dissent/
[7] Commission on Human Rights, Resolution 2000/61, April 26, 2000. Available at: http://olddoc.ishr.ch/hrdo/documents/resolutions/CHR2000-61.pdf
[8] UN Human Rights Council, resolution 7/8, March 27, 2008, available at: http://www2.ohchr.org/english/issues/defenders/docs/resolution7_8.doc
