[Reader-list] A wish list for the young prince

[Sanjay Kak]

This letter, addressed to the newly elected Chief Minister of Jammu &
Kashmir, provides a very useful list of the kinds of issues that
confront democracy in the troubled state.
best
Sanjay Kak

--------------------------

To: Mr. Omar Abdullah
Chief Minister
Jammu and Kashmir

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

Conveners:
Dr. Angana Chatterji, Associate Professor, Anthropology, California
Institute of Integral Studies
Advocate Parvez Imroz, Founder, Jammu and Kashmir Coalition of Civil Society
Gautam Navlakha, Editorial Consultant, Economic and Political Weekly
Zahir-Ud-Din, Vice-President, Jammu and Kashmir Coalition of Civil Society

Legal Counsel:
Advocate Mihir Desai, Mumbai High Court, Supreme Court of India,
Co-founder, Indian People's Tribunal

Liaison:
Khurram Parvez, Programme Coordinator, Jammu and Kashmir Coalition of
Civil Society



February 11, 2009

Re.: Memorandum on Human Rights, Peace, and Social Justice


Dear Mr. Omar Abdullah:

We write you today on behalf of the International People's Tribunal on
Human Rights and Justice in Indian-administered Kashmir. [A brief on
the Tribunal's premise and objectives may be found at:
http://www.kashmirprocess.org/premise.html.]

We write, mindful that you have promised attentiveness and
accountability to human rights issues in Kashmir, to bring to your
attention the need for appropriate action with regard to the
following:

1. Disappearances: You have raised issues of enforced disappearances
in Kashmir in the past. We ask that you order a full-scale
investigation under provisions of the Commissions of Inquiry Act,
1952, and/or other relevant laws, within a stipulated and reasonable
timeframe.

We ask as well that all laws of Jammu and Kashmir incorporate the
premise of the United Nations Declaration on the Protection of All
Persons From Enforced Disappearance, the International Convention for
the Protection of All Persons from Enforced Disappearance, and the
Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.

2. Killing by Police Firings, Fake Encounter Killings, and
Extrajudicial Killings: We ask that you use all authority granted you
by law to take strong and effective preventive measures to ensure that
these are not repeated. As well, we urge that the cases that have been
pending in courts, and those that have not been filed, be
expeditiously dealt with and the perpetrators be brought to justice.
We ask that the Government of Jammu and Kashmir follow the cases
pending for sanctions before the Government of India's Home Ministry
under Section 7 of Armed Forces Special Powers Act, 1958, (AFSPA). We
ask that the state make public the number of cases in which sanctions
have been sought from the Government of India, and the number of cases
in which the same have been granted.

3. Mass Graves: We note the existence of mass graves in Kashmir, as
verified by the Association of Parents of Disappeared Persons and the
International People's Tribunal for Human Rights and Justice in
Kashmir in 2008. We note that there are connections between the number
of persons disappeared and these unmarked, unidentified, nameless, and
unknown graves. We also note that various international institutions
and bodies, such as the European Parliament, have referred to this
issue and made recommendations for action. We ask that your government
offer protection to the sites to not permit their desecration or
destruction, enable independent and transparent investigations drawing
upon varied, credible, and international expertise, and institute an
independent and transparent judicial commission of inquiry.

4. Torture: It has been acknowledged by international human rights
organizations that the use of torture by military and paramilitary
forces is widespread in Kashmir. [See documentations available at
http://www.kashmirprocess.org/resources.html.] As well, the Government
of India is yet to ratify the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, although it has
been a signatory since October 1997. In this context, we ask that the
Government of Jammu and Kashmir institute a comprehensive ban on
practises of torture as defined by international law and humanitarian
ethics.

5. Detention and Torture Centres: We ask that unlawful detention and
torture centres, including in army camps, be identified, made public,
and banned. Further, we ask that appropriate reparations be determined
and undertaken with regard to unlawful and unconstitutional practises
undertaken in these camps and centres. We ask that international
institutions, such as the International Committee of the Red Cross
(ICRC), be permitted to visit the above places to assess the situation
independently.

6. Gendered and Sexualized Violences: We note the severity of gendered
and sexualized violences that have been perpetrated in Kashmir in the
last two decades. Women and children, and others, have been victimized
by horrific forms of brutality, including rape, gang and collective
rape, perpetrated on women. Other categories of victimization include
women whose male partners are missing, labelled 'half-widows'. Women
and children, and others, have been subjected to physical and
psychological torture and trauma, and social and literal
displacements. We note the urgency of undertaking ethical,
transparent, and independent assessments of the above in conditions
that ensure the safety and security of the survivors/victims, and
undertaking requisite reparations and rehabilitation.

7. Prisoners Rights: We ask that prisoners' rights not be violated,
and that medical aid be readily made available, and that the right to
legal counsel, due process, fair and speedy trials be upheld.

8. Rights of Former Militants: We ask that the civil liberties of
former militants and their families be respected. We note that the
civic and political rights of former militants, who are now living
different and committed lives, continue to be violated by personnel of
the military and paramilitary forces. We note that some of them have
been subjected to torture after serving sentences and deemed
'rehabilitated' by the justice system. We note that many still have to
report to local camps of the security forces on a weekly basis. We
note as well that former militants and their families continue to be
subjected to maltreatment and denied access to social life, such as to
institutions, employment, and pensions.

9. Juvenile Justice: We ask that youth not be taken into custody,
held, or tried as adults, and that their rights to legal counsel, due
process, and fair and speedy trials be upheld. We ask that a law be
enacted that guarantees juvenile justice, that safeguards the rights
of juveniles in conflict with law, and neglected and destitute
juveniles.

We note that young people in general, particularly girls and young
women, must be guaranteed an environment free of sexual harassment and
violence.

We note that young people need to be guaranteed freedom from forms of
harassment that undermine their right to education. Impediment to
livelihood of adults creates economic insecurity that impacts youth.
Family livelihood insecurity compels youth to earn income rather than
foreground education and development. Proximity to systemic violence
produces severe emotional trauma that manifests as depression,
suicidal behaviours, self-medication through drugs, as well as retreat
and isolation as coping strategies. There are inadequate provisions to
address these issues and respond to these needs. We urge recognition
of this reality and the allocation of resources to address these
issues.

10. Access to Justice: We ask that all persons seeking to access
institutions of law and justice be treated with respect and
non-violence by law enforcement agencies. We note that, in countless
instances, complaints are disregarded by the police, false first
information reports (FIRs) filed, and people's request to file FIRS
are met with disrespect, even force.

11. Landmines: We note that the placement of landmines along the
border and other sensitive areas in Jammu and Kashmir continues to
endanger lives, including those of children. While the Government of
India is not a signatory to the Convention on the Prohibition of the
Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and
on their Destruction, and has continued to justify landmine use in
Jammu and Kashmir, we ask that the Government of Jammu and Kashmir
institute a comprehensive ban on the use of landmines. We ask that an
audit be conducted to ascertain the impact of landmines on local
communities, to determine the extent of casualties, devastation, and
displacement, and undertake rehabilitation of those affected and
de-mining.

12. Transparency: We urge that the Government of Jammu and Kashmir
ensure that international organizations and institutions, that have
access to other places, are allowed to visit Jammu and Kashmir. We
note that the ability of international institutions to work with local
civil society institutions in Jammu and Kashmir is crucial to
interrupting isolation and producing accountability.

We ask that thousands of families who have been denied passports,
including human rights defenders and journalists, be provided the
same.

We ask that, prior to contractual agreements and implementation, all
development projects be assessed for their human rights implications.

13. Laws and States of Exception: We note your commitment to the
revocation and withdrawal of security related legislation that has
been in contravention of international humanitarian laws and norms,
such as the Armed Forces Special Powers Act, 1958, (AFSPA), enacted in
Jammu and Kashmir in 1990, the Disturbed Areas Act, 1976, enacted in
Jammu and Kashmir in 1992, and the Jammu and Kashmir Public Safety Act
of 1978. We reiterate the urgent need for the revocation of the Armed
Forces Special Powers Act, 1958, the Disturbed Areas Act, 1976, the
Unlawful Activities (Prevention) Act, 1967, and the Jammu and Kashmir
Public Safety Act of 1978. We also note that continued criminal
proceedings using the Prevention of Terrorism Act, 2002, and the
Terrorist and Disruptive Activities (Prevention) Act, 1985, 1987, must
be stopped.

While the safety and security of citizens must remain of paramount
concern, we ask that you remain vigilant to the problematic parameters
and consequences of certain national security laws used to proscribe
political dissent and deny freedom of expression, freedom of speech,
and freedom of assembly, and deny the democratic right to peaceful
mobilization and dissent. We note that certain national security laws,
in the name of retributive justice, have been/may be used to
perpetrate state violence, subvert due process of law, undermine civil
liberties, and freedom of the press, eroding rule of law, permitting
torture and sexualized violence on those in state custody,
criminalizing innocent persons, and, in effect, undermining the safety
and security of citizens.

14. Commissions of Inquiry: We ask that the reports and/or findings of
various Commissions of Inquiry that have been instituted to inquire
into instances of gross violations of human rights, law, and social
justice be made public and that these commissions be ordered to
complete their charge. Further, from available information, we
register our concern that between 2000-2007 only three statutory
inquiries have been commissioned and that other inquiries instituted
have been magisterial and administrative probes. We ask that, based on
ethical assessments of gross violations of human rights, law, and
social justice, relevant statutory inquiries be ordered, as
appropriate, to investigate these crimes. We ask that various
agencies, including military and paramilitary institutions, be
required to cooperate with instituted commissions in order that they
may carry out their investigations. We ask that the recommendations of
the commissions be enacted.

15. Minorities: We note that peace and reconciliation requires
commitment to minority rights and issues, and the ethical and
transparent resolution of injustices. We ask that an audit be
conducted to ascertain the status of minorities in Kashmir, and
related to the displacement, dislocation, and rehabilitation of
minorities in Jammu and Kashmir, to propose mechanisms for reparation
and reconciliation.

16. Truth and Reconciliation Commission: We note your public
commitment to instituting a 'Truth and Reconciliation Commission
(TRC)'. We are hopeful that you will appreciate that such a process
must facilitate the implementation of justice as a precondition to
reconciliation. We further note that the viability and success of a
TRC is only possible in a context where demilitarization has taken
place, enabling a social context in which the will and freedom of the
people of Kashmir can be exercised.

17. In conclusion, we write you today mindful of how the conditions
for peace and prosperity are linked to the possibility and necessity
of justice in Kashmir. We understand the work of the International
People's Tribunal for Human Rights and Justice in Kashmir as enabling
the work of justice. Toward that, we hope and expect that the Tribunal
will continue to undertake its work in conditions that are not
impeded.


Yours Sincerely,

Angana Chatterji, Parvez Imroz, Gautam Navlakha, Zahir-Ud-Din, Mihir
Desai, Khurram Parvez


Contact:
Khurram Parvez
E-mail: kparvez at kashmirprocess.org
T: +91-194-2482820
M: +91-9419013553