Business Recorder Editorial September 13, 2019

Human rights in Kashmir

While the issue of the repeal of Article 370 and 35A of the Indian Constitution vis-à-vis Indian Held Kashmir (IHK) is still hot and has led to an unprecedented over a month long curfew and lockdown in the state, the aspect of human rights in IHK has now also come to the fore. At the opening of the 42^nd session of the United Nations Human Rights Council (UNHCR) in Geneva on September 9, 2019, its chief, Michelle Bachelet, delivered a statement expressing alarm over the situation in IHK, pointing out the impact on the human rights of Kashmiris of the restriction of communications and peaceful assembly and the detention of local political leaders and activists. Although Bachelet said in her address that she had urged both India and Pakistan to ensure that rights in the region are respected and protected, this makes little sense in the context of the Kashmir crisis. Pakistan may have its own fair share of complaints regarding human rights but Kashmir is not amongst them. The statement smacks of a clumsy attempt to show ‘balance’ where perhaps none was required. That caveat aside, Bachelet did go on to say she had appealed particularly to India to ease the current lockdown and curfew, ensure access to basic services, and accord respect to the due process and other rights of detainees. She also advised India to consider it important to consult and engage the people of Kashmir in any decision-making processes that impact their future. Meanwhile on the ground in IHK, the authorities tightened curfew restrictions and the security lockdown after breaking up Muharram processions that defied a ban. Journalists and others holding curfew passes were stopped from doing their duty and some were subjected to the tender mercies of the police’s lathis (bamboo batons). Clutching at the straw provided by Bachelet’s remarks, Prime Minister Imran Khan welcomed her statement and urged the UNHCR to immediately set up an independent investigation commission to probe human rights abuses in IHK as recommended by the UNHCR’s own two reports on Kashmir. Further, Foreign Minister Shah Mahmood Qureshi arrived in Geneva to attend the UNHCR session and apprise the delegates, international human rights bodies, the international media, the World Health Organisation (WHO) and the Organisation of Islamic Conference (OIC) of the blatant human rights abuses in IHK.

Pakistan’s diplomatic offensive in the wake of the repeal of the special status of IHK in the Indian Constitution more than a month ago and the severe repression let loose on the people of IHK since has had at best mixed success. Although India has tried hard to defend its indefensible steps and actions, it has not been able to keep the situation in IHK under wraps globally as its ‘internal affair’. The thrust of Pakistan and pro-Kashmir activists’ efforts worldwide has been focused on pushing for an international or multilateral intervention to halt India’s repressive actions in IHK and resolve the long-standing issue of Kashmir through dialogue with Pakistan and the people of Kashmir. While UNHCR and human rights activists are rightly now focused on the abuses rampant in IHK, states (and the UN constituted of them) have functioned unsurprisingly according to their real or perceived national interests. That is the real world, unalloyed by any illusions that just causes must necessarily prick the conscience of the global community. So far the response of the UN and the most powerful states in the world (G-7 plus Russia) has been concentrated on preventing hostilities breaking out between nuclear-armed Pakistan and India. The UN Security Council (UNSC) did conduct a closed-door consultation on the issue, but not much came out of it. Global fatigue with the 72-year-old Kashmir conundrum, despite it still formally being on the UNSC’s agenda (moribund, however), has overtaken the principle of self-determination by the Kashmiri people. India, as the status quo power, has by now firmly dug its talons into the wounded and bleeding body of IHK, using prevarication and the incessant demand that Pakistan drop alleged ‘terrorism’ in IHK before a dialogue can commence to consolidate new facts on the ground. Pakistan, even if it desired to back the Kashmiri freedom fighters, is currently under the FATF cosh and unable to move a muscle in this regard. There is no light at the end of the long and dark tunnel that is the Kashmir crisis except a combination of global and bilateral interactions to find a just solution that upholds first and foremost the political, economic and human rights of the long suffering people of IHK.