RESOLUTION ON APDP
WHEREAS Jammu and Kashmir is still
a conflict zone from the last 20 years and that since the outbreak of
militancy in 1989, the government of India has pressed into service more
than six hundred thousand military and paramilitary forces to neutralize
armed insurgency and to control the lives of the non combatant Kashmiris;
institutional repression resulting in unprecedented human rights
violations have been perpetrated to retain Jammu and Kashmir as a part
the armed forces are equipped with draconian laws like Armed Forces
Special Powers Act (AFSPA) which gives legal impunity to them to
perpetrate human rights violations.
these draconian laws are the major factor behind the enforced
disappearances, extra-judicial executions, custodial deaths, massacres,
custodial tortures, rapes and molestations, illegal detentions, forced
labor, property damage, and other forms of human rights violations.
the disappearances of more than 8000 people who have been subjected to
enforced or involuntary disappearances (EID) since the beginning of the
conflict in 1989 have remained a mystery.
the promiscuous arrests of non-combatants and subsequent tortures have
resulted in the disappearances from last 20 years.
WHEREAS despite, continuous
dialogues between the two rivals of India and Pakistan, followed by the
Confidence Building Measures (CBMs) and Peace Process, the human rights
situation in Jammu and Kashmir has not improved much.
despite government’s claim that only 500-600 militants are now operating
in the state of J&K, no reduction in the number of military and
paramilitary troops with impunity powers was seen. Due to the highest
number of deployed armed forces, the human rights situation has not
according to our monitoring report from January 2002 to December 2009,
more than 14,000 people lost their lives, a fact that reflects Jammu and
Kashmir as a war zone. These people include militants, troopers,
civilians, political activists and others. The conflict from 2002 to
2009 has resulted in the loss of life of 3,404 civilians, 7,504
militants (claimed by government), 2,451 troopers and 674 others. A huge
majority of those killed were Kashmiris, a situation that burdens the
lives of survivors in society.
the state of affairs continues and notwithstanding many PR exercises,
there seems to be no genuine effort in place from the states to stop
bloodshed and other forms of sufferings. The present insecurities,
coupled with past anxieties, continue to darken the future of the
majority of the people.
Thus, it is resolved as it is hereby resolved that:
Scientific methods of documentation are to be implemented and more and
more well-documented cases be reported to the UNWGEID.
Local networking with different humanitarian organizations be
strengthened. Sympathizers from among some political parties be
mobilized and taken into confidence.
support in terms networking with Indian state for appointment of the
Commission to probe into the disappearance cases from 1989 to date
under the Commissions of Enquiry Act be solicited.
extensive lobbying and with the help of AFAD, the government of India
be pressed upon to enact a bill criminalizing disappearances.
for the adequate assistance to the surviving victims’ families of
desaparecidos in Jammu & Kashmir be conducted especially because
they do not receive any support.
for the repeal of impunity laws like Armed Forces Special Powers Act,
Public Safety Act, Restricted Areas Act be vigorously conducted.
the educational assistance of children of the disappeared be
be issued to human rights activists and to executive members and
volunteers who are engaged in fact-finding and documentation.
materials about the phenomenon of disappearances in Kashmir and other
publications be disseminated widely locally and internationally.
campaign for the government of India to respond and to investigate
into the recently discovered 2900 unknown, unmarked and mass graves in
various districts of north Kashmir be done.
human rights education particularly about the phenomenon of enforced
or involuntary disappearances in the educational institutions be
conducted locally and internationally.
Organizing more psycho-social rehabilitation workshops, training
programs, and other management programs, that can empower the member
To hold sessions of sharing of experiences on threats/risks to the
relatives, activists of the member organizations. Coordination be
facilitated to act instantly on case of any security concerns.
All the countries should be engaged in our struggle against the
phenomenon of disappearances, with special focus on lobbying with
SAARC and ASEAN countries;
World over, people from different religious communities have become
victims of enforced or involuntary disappearance. A mechanism be
developed with which there should be a religious discourse on the
issue of disappearances among various religious communities.
Special focus be given on forming e-forums, blogs, and e-associations
through which there would be online associations against the
phenomenon of disappearances throughout the world.
We applaud those countries that have ratified the International
Convention for the Protection of All Persons from Enforced or
Involuntary Disappearances and urge upon the government of India to
ratify the Convention so as to halt further tragedies in the form of
disappearances. We appeal the international community as a whole to
ensure complete support for the Convention against disappearances by
SIGNED BY THE DELEGATES AND PARTICIPANTS of the AFAD’s Fourth Congress
on 1-5 June 2010 in Bogor, Indonesia
For further information, please contact:
Fourth AFAD Congress
31 May – 5 June 2010
Jakarta and Bogor, Indonesia