The Chairperson and Members
United Nations Working Group on Enforced or Involuntary Disappearances
Geneva, Switzerland
Subject: Issue of denial of Right to Travel to
the Human rights defender Advocate Parvez Imroz of Jammu & Kashmir.
Esteemed Chairperson and Members of the UN WGEID,
We, Council members of the Asian Federation Against Involuntary
Disappearances (AFAD), would like to bring to the attention of the UN
WGEID the continuous denial of travel documents of Mr. Parvez Imroz,
AFAD Council member representing the Association of Parents of
Disappeared Persons (APDP) in Kashmir, India. As you are fully aware,
the AFAD has been continuously campaigning against the phenomenon of
enforced disappearances in whole Asia. hr the course of our work for
truth, justice reparation, redress and memory, our member-organizations
are actively engaged to participate in conferences, workshops and
meetings organized in different countries.
Unfortunately, our Council Member from Kashmir, India
Mr. Parvez Imroz, a human rights lawyer and legal advisor of Association
of Parents of Disappeared Persons (APDP) has not been able to
participate in our activities because of the continuous denial of travel
documents since 2004.
After expiry of his passport in 2004, Mr. Imroz
applied for a new one. But till date, the passport has not been issued
without any explanation. In 2006, he was awarded the prestigious Ludovic
Trarieux Award and the organizers, including the human rights defenders
appealed to the Indian state to issue him the travel documents so he
could receive the award, but the appeal was rejected. Our Council Member
was invited to present the human rights situation particularly on
disappearances in Kashmir at many international fora but due to denial
of travel documents, he could not participate. In 2009, Mr. Imroz
launched a campaign for passport titled as, "Campaign for Right to
Travel," but there was no response from the government of India.
The denial of travel documents is used as a matter of
policy to prevent and control the voices of defenders from Kashmir. Our
Council Member has been deprived of this universally recognized right to
freedom of movement, which is guaranteed under Article 13 of the
Universal Declaration on Human Rights and Article 12 of international
Covenant of Civil and Political Rights (ICCPR). Article 12 of the ICCP &
which India signed and ratified in 1979, guarantees that everyone has
the right to leave the country including his own and this right
should not be restricted. Further, Art.24, Par.7 of the International
Convention for the Protection of All Persons from Enforced Disappearance
which India signed on 6 February 2007 establishes that each State Party
shall guarantee the right to form and participate freely in
organizations and associations concerned with attempting to establish
the circumstances of enforced disappearances and the fate of disappeared
persons, and to assist victims of enforced disappearance. The denial of
travel document also hinders this right.
It is therefore requested that the Working Group
calls on the Government of India to immediately issue travel documents
to our Council Member and human rights lawyer from Jammu & Kashmir and
not to put any restriction on his work.
Thank you very much for your consideration.
c.c. Ms. Margaret Sekaggya
UN Special Rapporteur on Human Rights Defenders
