rawalpindi - The Jammu and Kashmir Council for Human Rights (JKCHR) has submitted two written documents to the UN Secretary General under agenda items 3 and 4 of the 33rd session of UN Human Rights Council starting in Geneva on September 13.

These two documents would be released as UN General Assembly Documents on Kashmir at the regular session of the Human Rights Council during the general debate, informed JKCHR spokesman yesterday.

He said the JKCHR under agenda item 4 has argued the case of Kashmir, which requires Human Rights Council’s special attention. It has pointed out: “Laws of Humanity were first invoked by USA some 125 years ago in 1891 expressing its concern at the repression of Jews in Russia and by Britain and France in Morocco in 1909.”

He added the JKCHR paper has argued that Human Rights Council has been created to serve a civilised phase of history.  Sensitising the concern for Kashmir the paper highlighted: “The UN Human Rights Council has inherited from the Human Rights Commission and the UN Security Council a special duty to and concern of the people, who remain a subject at the UN Security Council, pending the exercise of a free vote on their right to equality and self-determination, under the supervision of the United Nations. It is a serious challenge to the sense of priority of the Council and mandate of the Council that as we submit this written statement on August 28, 2016 Indian security forces have placed the unarmed people of the valley in Kashmir (Jammu and Kashmir) under a consecutive 50th day of curfew. One can’t be certain as to how things would have turned out to be on September 13 when Council is holding its 33rd session in Geneva.”

The JKCHR document points out that Indian security forces have violated the four-point discipline under which these were granted a temporary admission into the State. These security forces have also violated the three-point discipline set out for them in UN Security Council Resolution of 21 April 1948, the spokesman informed.

According to him, the presence of these forces has degenerated into an oppression and these forces are engaged in a war with the unarmed people.

The paper has pointed out and recommended that these forces have outlived their tenure and purpose. They have gained notoriety for their atrocities and crimes against the people of Kashmir. There is an urgent need to replace them by a neutral force under the supervision of UN or a Kashmiri force comprising of personnel drawn from all the three administrations of Jammu and Kashmir. India and Pakistan as parties to the dispute could also contribute a certain strength to these forces.

The JKCHR asked for an investigation into the behaviour of law enforcement agencies in the State. These agencies have violated the principle of proportionality in the use of firearms as provided in the UN General Assembly Resolution of 17 December 1979 on the Code of Conduct.

Firearms have been used against children with a view to disable them, blind them and to kill them. 

The JKCHR has asked that chief minister by virtue of the chain of command and chair of the integrated security grid is liable for all the crimes and atrocities committed against the people. The elected government has failed to serve the welfare of the people. Chief Minister should be asked to resign.

The JKCHR has asked: “The United Nations should proceed to install a government at Srinagar as provided in Para 6 of UN Resolution of April 21, 1948 and supervise that it works as required by the Resolution, that is, to prepare for the plebiscite. The document points out that government of India wishes to prolong the status quo. It has failed to honour the obligation contained in Para 14 (a) to (c) of UN Security Council Resolution of 21 April 1948.

The JKCHR paper adds Indian Government has denied OHCHR ‘full and unhindered’ access to Kashmir. Accepting Indian refusal or a failure is no answer.

Indian army can’t enjoy a no holds barred freedom to kill an unarmed people and imprison them in their homes. The soldier is now a colonial soldier and is committing war crimes. Council has a higher burden of responsibility to protect the Human Rights of these people. Therefore Council needs to proceed as provided under rule 10 of the UN General Assembly Resolution 60/251to address the human rights situation in Indian administered Kashmir. There is an urgent need to reinstate the visa requirement (Permit System) for an Indian citizen into the State. Permit System was unlawfully rescinded by the Prime Minister of J & K on 31 March 1959. In the interim Council has a duty to intervene and remove the threat to the human rights of the people, he informed.