UN asks India to restore rights in IOK

ISLAMABAD: As clampdown in Indian Occupied Kashmir (IOK) nears the 100 days mark, the United Nations on Tuesday once again said that it was extremely concerned that the population of IOK continues to be deprived of a wide range of human rights and urged the Indian authorities to unlock the situation and fully restore the rights that are currently being denied, adding that torture is totally and unequivocally prohibited under international law.

Tuesday's statement is one of the most hard-hitting one from the United Nations. The UN says that it is also  extremely concerned about the number of allegations of torture and ill-treatment of people held in detention. These, it insists, must be independently and impartially investigated, and also shows impatience with the Indian supreme court saying that the Supreme Court of India has been slow to deal with petitions concerning habeas corpus and freedom of movement and media restrictions. The Jammu and Kashmir State Human Rights Commission, the Information Commission (which implements the right-to-information laws) and the State Commission for Protection of Women and Child Rights are among key institutions being wound up, with the new bodies to replace them yet to be established.

"Twelve weeks ago, on August 05, India revoked constitutional provisions granting partial autonomy to the state of Jammu and Kashmir and announced the creation of two separate federally-administered Union Territories, which will come into effect this Thursday (October 31). At the same time, very restrictive measures were imposed. Although some of these measures have been relaxed, their impact on human rights continues to be widely felt," the UN statement said.

The undeclared curfew imposed by the authorities in the region was lifted from much of Jammu and Ladakh region within a few days, but is reportedly still in place in large parts of the Kashmir Valley, preventing the free movement of people, as well as hampering their ability to exercise their right to peaceful assembly, and restricting their rights to health, education and freedom of religion and belief.

There have been several allegations of excessive use of force including the use of pellet-firing shotguns, tear gas and rubber bullets by security forces during sporadic protests, with unconfirmed reports of at least six civilian killings and scores of serious injuries in separate incidents since August 05.

"We have also received reports of armed groups operating in Indian-Administered Kashmir threatening residents trying to carry out their normal business or attend school, as well as several allegations of violence against people who have not complied with the armed groups' demands. At least another six people have been killed and over a dozen injured in alleged attacks by armed group members since August 05," the statement added.

Hundreds of political and civil society leaders, including three former chief ministers of IOK, have been detained on a preventative basis. While some political workers have reportedly been released, most senior leaders -- especially those from the Kashmir Valley -- remain in detention.

While restrictions on landline telephones were eventually lifted, and a state-run telecom company allowed to resume partial mobile services, all internet services remain blocked in IOK. Media outlets continue to face undue restrictions, with at least four local journalists allegedly arrested in the past three months.

Meanwhile, major political decisions about the future status of IOK have been taken without the consent, deliberation or active and informed participation of the affected population. Their leaders are detained, their capacity to be informed has been badly restricted, and their right to freedom of expression and to political participation has been undermined.

The statement said that a number of the most serious underlying issues which remain to be addressed, including impunity for past violations by Indian security forces, were outlined in the second of two reports published by the UN Human Rights Office in July 2019, as well as in the initial remote monitoring report of June 2018.