The Third Committee of the United Nations General Assembly, chaired by Ambassador Alexander Marschik of Austria, which deals with social, humanitarian, and cultural issues had an interactive dialogue with various UN Thematic Special Rapporteurs on October 12, 2023. Dr Alice Jill Edwards - Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment - stressed that “the rise in torture and intimidation to quash political opposition and dissent cannot be ignored.”
Professor Lawlor added an addendum to her report where she and other UN Special Rapporteurs had jointly expressed concern to the Indian Government regarding allegations of intimidation, searches and confiscations committed during raids by national security agents in the residence of Mr. Khurram Parvez. The joint statement also highlighted that Mr Parvez has regularly engaged with United Nations bodies, including the Working Group on Enforced or Involuntary Disappearances and the Human Rights Council, reporting human rights abuses in Kashmir, and faced restrictions and harassment from the Indian Government as a result.
Dr Ghulam Nabi Fai, Chairman, of the World Forum for Peace & Justice appreciated the genuine concern expressed by the United Nations Special Rapporteurs in demanding the unconditional release of Khurram Parvez, one of the internationally known human rights defenders. US-based Time magazine put Khurram Parvez on its list of 100 most influential people. Dr Fai added that Khurram Parvez’s report on ‘Torture: Indian State’s Instrument of Control in Indian Administered Jammu and Kashmir’ was a graphic description of torture being used by 900,000 Indian occupation forces in Kashmir.
Professor Juan E. Mendez former United Nations Special Rapporteur on Torture who wrote the prologue of the report compiled by Khurram Parvez had hoped that a serious debate among the Indian public about this report would prompt the national authorities to take the matter of torture seriously and establish effective controls, and to act as a more responsible global citizen and cooperate with the human rights machinery of the United Nations.
Meanwhile, Indian Counsellor, Dr. Kajal Bhat during the integrative dialogue at the Third Committee said Jammu and Kashmir and Ladakh were an “integral and inalienable territory of India.” Earlier Dr. Kajal Bhat said during the UN Security Council open debate that India desires normal unneighborly relations with all countries, including Pakistan, and is committed to addressing outstanding issues, if any, bilaterally and peacefully in accordance with the Simla Agreement and the Lahore declaration.”
Dr. Bhat has conveniently forgotten that according to the Simla Agreement Kashmir remains the most outstanding issue to be resolved between India and Pakistan. Item (1) of the Simla Agreement says that “the principles and purposes of the Charter of the UN shall govern the relations between the two countries.” Dr Kajal Bhat needs to know that the Abrogation of Articles 370 and 35 A was a violation of the Shimla Agreement. As Simla Agreement in item (ii) says, “Pending the final settlement of any of the problems (Kashmir) between the two countries, neither side shall unilaterally alter the situation.”
The Lahore Declaration, which was signed on February 21, 1999, says, ‘Have agreed that their respective Governments: “shall intensify their efforts to resolve all issues, including the issue of Jammu and Kashmir.” Since you (Dr Kajal Bhat) are a distinguished delegate at the United Nations, let us end the quarrel by listening to the wise counsel of Mr Antonio Guterres, the Secretary General of the United Nations when he said the Kashmir issue has to be resolved under United Nations Charter and applicable United Nations Security Council resolutions.
