{"id":113020,"date":"2021-03-26T16:42:48","date_gmt":"2021-03-26T23:42:48","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=113020"},"modified":"2021-03-26T16:42:48","modified_gmt":"2021-03-26T23:42:48","slug":"the-unhrc-resolution-against-sl-applies-to-india-more-than-to-sri-lanka-with-small-context-changes-only","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2021\/03\/26\/the-unhrc-resolution-against-sl-applies-to-india-more-than-to-sri-lanka-with-small-context-changes-only\/","title":{"rendered":"The UNHRC resolution against SL applies to India more than to Sri Lanka with small context changes only."},"content":{"rendered":"

Dilrook Kannangara<\/em><\/span><\/h2>\n\n\n

This was why India abstained from voting. UNHRC will turn to India with the same set of demands very soon and India is keen to avoid an embarrassing situation by being party to it.<\/p>\n\n\n\n

https:\/\/undocs.org\/A\/HRC\/46\/L.1\/Rev.1<\/a><\/p>\n\n\n\n

The paragraph about\ndevolution of political authority must have sent a chill down India for sure.\nIndia revoked even limited devolution of political authority enjoyed by the\npeople in Jammu and Kashmir. Now both states come under direct Indian central\ngovernment rule. How can India preach devolution to Sri Lanka when India is\nreversing devolution against its own minorities!<\/p>\n\n\n\n

India has not earned\nthe Colombo Port Western Terminal in exchange for UNHRC support. It must be\nrevoked.<\/p>\n\n\n\n

The United Nations\nHigh Commissioner for Human Rights (OHCHR), the attack dog of the UNHRC, has\nthis to say about grave human rights violations in Jammu and Kashmir (in\naddition to the devolution matter).<\/p>\n\n\n\n

https:\/\/www.ohchr.org\/Documents\/Countries\/IN\/KashmirUpdateReport_8July2019.pdf<\/a><\/p>\n\n\n\n

Sounds familiar?\nIsn\u2019t it a carbon copy of the OHCHR report on Sri Lanka? India has not\nimplemented any of these since July 2019 and that is a good guide for Sri Lanka\ntoo.<\/p>\n\n\n\n

Quoted from the\nreport.<\/p>\n\n\n\n

OHCHR recommends: To\nthe Human Rights Council: Consider   the  \nfindings   of   this   report,\nincluding   the   possible  \nestablishment   of   a commission \n of   inquiry   to   conduct  \na   comprehensive   independent   international\ninvestigation into allegations of human rights violations in Kashmir.<\/strong><\/p>\n\n\n\n

To the authorities in\nIndia: <\/p>\n\n\n\n

(a) Fully respect\nIndia\u2019s international human rights law obligations in Indian-Administered Kashmir,<\/p>\n\n\n\n

(b) Urgently repeal\nthe Armed Forces (Jammu and Kashmir) Special Powers Act, 1990; and, in the\nmeantime, immediately remove the requirement for prior central government\npermission to prosecute security forces personnel accused of human rights\nviolations in civilian courts; <\/p>\n\n\n\n

(c) Establish\nindependent, impartial and credible investigations to probe all civilian killings\nwhich have occurred since July 2016, as well as obstruction of medical services\nduring the 2016 unrest, arson attacks against schools and incidents of\nexcessive use of force by security forces including serious injuries caused by\nthe use of the pellet-firing shotguns; <\/p>\n\n\n\n

(d) Investigate all\ndeaths that have occurred in the context of security operations in Jammu and\nKashmir following the guidelines laid down by the Supreme Court of India; <\/p>\n\n\n\n

(e) Investigate all\ncases of abuses committed by armed groups in Jammu and Kashmir, including the\nkillings of minority Kashmiri Hindus since the late 1980s; <\/p>\n\n\n\n

(f) Provide\nreparations and rehabilitation to all individuals injured and the family of\nthose killed in the context of security operations; <\/p>\n\n\n\n

(g) Investigate and\nprosecute all cases of sexual violence allegedly perpetrated by state and\nnon-state actors, and provide reparations to victims; <\/p>\n\n\n\n

(h) Bring into\ncompliance with international human rights standards all Indian laws and\nstandard operating procedures relating to the use of force by law enforcement\nand security entities, particularly the use of firearms: immediately order the\nend of the use of pellet-firing shotguns in Jammu and Kashmir for the purpose\nof crowd control; <\/p>\n\n\n\n

(I) Amend the Jammu\nand Kashmir Public Safety Act, 1978 to ensure its compliance with international\nhuman rights law;  <\/p>\n\n\n\n

(j) Release or, if\nappropriate, charge under applicable criminal offences all those held under\nadministrative detention and ensure the full respect of standards of due\nprocess and fair trial guaranteed under International law; <\/p>\n\n\n\n

(k) Treat any person\nbelow the age of 18 who is arrested in a manner consistent with the Convention\non the Rights of the Child; <\/p>\n\n\n\n

(l) Investigate all\nblanket bans or restrictions on access to the Internet and mobile telephone\nnetworks that were imposed in 2016, and ensure that such restrictions are not\nimposed in the future; <\/p>\n\n\n\n

(m) End restrictions\non the movement of journalists and arbitrary bans of the publication of\nnewspapers in Jammu and Kashmir. <\/p>\n\n\n\n

(n) Ensure\nindependent, impartial and credible investigations into all unmarked graves in\nthe state of Jammu and Kashmir as directed by the State Human Rights\nCommission; if necessary, seek assistance from the Government of India and \/or\nthe international community.  Expand the competence of the Jammu and\nKashmir State Human Rights Commission to investigate all human rights\nviolations and abuses in the state, including those allegedly committed by\ncentral security forces; <\/p>\n\n\n\n

(o) Ensure people\nfrom Kashmir are not targeted or legally harassed in other parts of India on\nthe basis of their actual or presumed identity; <\/p>\n\n\n\n

(p) Ratify the\nInternational Convention for the Protection of all Persons from Enforced\nDisappearance, the Convention against Torture and Other Cruel, Inhuman or\nDegrading Treatment or Punishment and its Optional Protocol, <\/p>\n\n\n\n

(q) Introduce\nenabling domestic laws as recommended during India\u2019s UPR in 2008, 2012 and\n2017;<\/p>\n\n\n\n

(r) In line with its\nstanding invitation to the Special Procedures, accept the invitation requests\nof the almost 20 mandates that have made such requests; in particular, accept\nthe request of the Working Group on Enforced or Involuntary Disappearances and\nfacilitate its visit to India, including to Jammu and Kashmir; and<\/p>\n\n\n\n

(s) Fully respect the\nright of self-determination of the people of Kashmir as protected under\ninternational law.<\/p>\n\n\n\n

[Unquote]<\/p>\n","protected":false},"excerpt":{"rendered":"

Dilrook Kannangara This was why India abstained from voting. UNHRC will turn to India with the same set of demands very soon and India is keen to avoid an embarrassing situation by being party to it. https:\/\/undocs.org\/A\/HRC\/46\/L.1\/Rev.1 The paragraph about devolution of political authority must have sent a chill down India for sure. India revoked […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":true,"template":"","format":"standard","meta":{"footnotes":""},"categories":[44],"tags":[],"class_list":["post-113020","post","type-post","status-publish","format-standard","hentry","category-dilrook-kannangara"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/113020","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=113020"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/113020\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=113020"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=113020"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=113020"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}