Protect the Defenders

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2023-10-15T00:35:12+05:00 Dr. Ghulam Nabi Fai

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.

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