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

[Lalit Ambardar]

Two things are clear.
 
One - that those frustrated over the peoples' outright rejection of the ‘election boycott ‘dictate’ they had campaigned for so vehemently not so long ago & had even cast aspersions over the fairness of the very elections that lead to the formation of the Omar Abdullah lead very Govt. that is being now approached for redressal, do accept the validity of the democratically elected Govt. of the state of Jammu & Kashmir.
 
Two –that it is accepted that the democratically elected Govt. is not only expected to look after just the 'bijli, pani, sadak (electricity, water, roads) but also the overall governance including overseeing the implementation of the constitution of India in all spheres, similar to the other states in India.
 
 In any case the boycott dictate was never conditional & there was no hue & cry over the detention of the separatists. People very happily went ahead & voted.
 
People will continue to be happy & enjoy the democracy if only there is no instigation or religious blackmail by the agent provocateurs.
 
It is a pity that those who disregarded all democratic norms & pushed Kashmir valley in to a state of bloody chaos & anarchy are now seeking redressal through democratic means from the democratically elected Govt., elections to which were opposed tooth & nail.
 
If only the  disgruntled  Kashmiri Muslim politicians & their underground as well as over ground cohorts had not at the behest of their Pakistani masters facilitated, to serve their own sinister designs - indoctrination, training ,arming  of  the gullible locals to wage jihad against India in 1989-90, there would have been no conflict & no casualties & needless to say no pleas.
 
The biggest casualty being the very social fabric of the valley what with the ethnic cleansing of the minority aboriginal Kashmiri Hindu Pandits at the hands of the Kashmiri Islamists, today the very Kashmiriyat is rendered ruptured. 
‘Swat’ is only the replay of what was executed in Kashmir valley two decades ago.
 
Now does this petition include those also who lost their lives in internecine war amongst the various mujahidin factions?
 
Does this petition include the ‘number’ of those who crossed over into Pakistan & POK for training & indoctrination or those who still continue to operate from there?
 
Does the list of missing also include those mercenaries who were eliminated while fighting Indian security forces or in suicide bombings in Kashmir, like that Birmingham born Bilal who blew himself up in Srinagar on the eve of X-mas of 2000 or that Maldivian Islamists who was killed in Srinagar as reported in HT lead article today (Feb. 19, Delhi edition)?
 
Does the list also include the soldiers of Northern Infantry who were abandoned by Pakistan in Kargil?
 
Why is the petition silent over the role of Kashmiri Muslims who claimed to be representing the masses & were responsible for ferrying weapons from Pakistan in to the valley? After all did that star ‘terror commander’ not publicly identify the farm house of that high profile PAK minister (in Gen Musharaf’s junta)) during that Govt. sponsored bus ride across LOC?
 
The petition is silent over the ethnic cleansing of Kashmiri Hindu Pandits at the hands of Kashmiri pan Islamists. After all this very CM Omar Abdullah did mention about the failure of Kashmiri Muslims in protecting their Kashmiri Hindu Pandit neighbors when they were being hounded out.
 
Why isn’t there a demand to investigate the source of funding for the anti India jihad in Kashmir? Did Former democratically elected CM Ghulam Nabhi Azad not publicly accuse a prominent Arab country for funding the ‘anti Amaranth land for temporary facilities’ movement in the valley? 
 
The petition does not indicate in any way that the proponents of ‘azadi- bara -e –Islam’
(freedom through Islam) have given up their jihad. Latest reports suggest that women fidayyan are already on prowl in Kashmir or in rest of India.
 
The petition also does not seek investigation in the role of those who in the guise of civil society have been garnering support for the Kashmiri Muslim separatists in & out side the valley through press & propaganda films & have facilitated political makeover of terrorists who under any civilized norm deserve to be tried for crimes against humanity.
 
The Kashmiri Muslim separatists who founded the ‘gun’ culture in the valley by introducing ‘AK47s’ & ‘grenades’ even when the police held lathis &  outdated 303 rifles & killed people in cold blood are solely responsible for the miseries of Kashmiris.
 
It is a classic case when a conflict is deliberately created & the ensuing casualties are projected to seek empathy for the so called cause- a cycle of deceit & tragedies.
 
Regards all
LA
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> Date: Sat, 14 Feb 2009 12:03:33 +0530
> From: jashneazadifilm at gmail.com
> To: reader-list at sarai.net
> Subject: [Reader-list] A wish list for the young prince
> 
> 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
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