[Pak-Media] PR--KCEU Raises the AFSPA with the UN High Commissioner on Human Rights

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PRESS RELEASE

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KCEU Raises the AFSPA with

the UN High Commissioner on Human Rights

Geneva, Thursday, 31 May 2012 - Continuing its work, KCEU met yesterday at the lunch of the OHCHR Report 2011, the High Commissioner for Human Rights, Mrs. Navanethem Pillay. Barrister A. Majid Tramboo, the Chairman of the Kashmir Centre EU discussed and pushed for the High Commissioner to raise the issues of ratifying the Convention Against Torture, failing to ratify the Convention for the Protection of All Person from Disappearance, a lack of responses to human rights cases submitted by the Office of the High Commissioner for Human Rights (OHCHR), restricting the internet, failing to protect human rights defenders, failing to protect journalists, and failing to abolish the death penalty, and the unmarked and mass graves with the Indian Government as put forward during the UPR of India.

The High Commissioner stressed on the importance of the Non-Governmental Organizations contributions on the promotion and protection of the human rights universally, and continued need of the NGO community to remain in close contact with her offices.

The High Commissioner added that- "As I review our work in 2011, I am filled with a sense of pride. But this pride is tempered by realism as I look towards the future and consider the growing gap between the expectations of and mandates given to the Office and the limited recourses available. This gap has been recognized by Member States, who gave us a slight increase from the UN regular budget, despite a Secretariat-wide reduction for the 2012-2013 biennium. Nevertheless, the human rights programme, as implemented by my Office, accounts for less than three per cent of the regular budget of the Secretariat."

Following the lunch, Barrister Tramboo interacted with Mrs. Pillay and brought up the serious issues of human rights in India, particularly in Indian Held Kashmir. He drew the attention of the High Commissioner towards the Indian draconian laws particularly to the Armed Forces Special Powers Act (AFSPA), which extends overwhelming impunity to the armed forces and paramilitary forces for perpetrating gross human rights violations, especially in the Indian Held Kashmir.

Barrister Tramboo expressed his utter disappointment to exempt perpetrators from the responsibility and to go unpunished under this law. He cited a very recent case which was brought before the Supreme Court of India, known as Pratihbal case in which the Indian Boarder Security forces personnel had killed 5 innocent Kashmiris in a fake encounter but enjoyed the impunity under the AFSPA. The Supreme Court regrettably upheld that impunity.

Barrister Tramboo also raised the issue of having adopted 169 recommendations by the Working Group of the Universal Periodic Review (UPR) on India, which clearly recommend India to repeal AFSPA and ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol; the International Convention for the Protection of All Persons from Enforced Disappearance and the Statute of the International Criminal Court. India has been asked to implement the recommendations of the Special Rapporteur on Human Rights Defenders, which calls upon India, among other recommendations, to hold an independent and impartial investigation on unmarked and mass graves which exist in Indian Held Kashmir.

The High Commissioner listened to Barrister Tramboo patiently and assured him that her team in the Rule of Law, Equality and Non-Discrimination Branch, will look into this matter and carefully study the recommendations of the Working Group.

Barrister Tramboo thanked the High Commissioner and hoped to work with her office on this matter closely.

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The UN High Commissioner for Human Rights, Mrs. Navanethem Pillay