Disappearances continue in Kashmir due to the
non-resolution of Kashmir imbroglio, between India and Pakistan. This
contradicts the wish of the Kashmiri people and violates two UN
resolutions passed in 1948 and 1949. Governmental and diplomatic
initiatives have not yielded any positive result that could break the
impasse. Though one military group had declare a unilateral ceasefire, no
significant breakthrough was made last year. A unilateral ceasefire by the
Indian government in November 2000 was thrice extended but this did not
prevent an increase of human rights violations. Militant groups like
Harkat-ul-Mujahideen and Lashker-e-Toiba refuse to reciprocate
the Indian government's unilateral ceasefire because - ceasefire or no
ceasefire - massive human rights violation's are steadily increasing since
1990. Due to the continuation of the armed conflict, political scientist
fear that the violations will continue in the foreseeable future and
civilians will mostly be the victims.
Last year, the Association of Parents of Disappeared
Persons (APDP) has recorded 80 disappearances cases. Since its formation
in 1994, enforced disappearance has become a major in Jammu and Kashmir.
The Association, though, has not been able to document most of the cases
due to various reasons, the major factor was the fear of reprisal from the
perpetrators. Fear is the most powerful weapon which the Indian government
is using in this state. Because of this, parents and relatives of
disappeared persons living in far-flung areas still hesitate to pressure
the authorities to disclose the fate or whereabouts of their kin. In fact,
85% of enforced disappearance have taken place in areas near the Line of
Actual Control (LOC).
Another reason is the lack of awareness on the part of
the victims about their rights due to the limited education. Almost 98% of
the victims of enforced disappearance are from poor communities which are
economically and educationally backward and have no voice or means to
resist the perpetrators.
For this reason, APDP is now focusing on education. It
is advancing an awareness campaign by publishing materials for the
victims, emphasizing that its silence can be a factor in the continuing
phenomenon of involuntary disappearances. The task is gigantic but the
Association has been able to get the involvement of some semi-educated but
enthusiastic relatives of the victims.
The activities of APDP for the last five years have not
been fruitless and have yielded some results. Disappearances in Jammu and
Kashmir have been an embarrassment for both the state government and
federal government in New Delhi before the international community.
Like in other places, the major factor behind the
disappearances is impunity. The Jammu and Kashmir Armed Forces Special
powers Act has provided a legal justification for impunity and has
resulted in the continued practice of enforced disappearance. In response,
the Association has made this a major issue. ]
The Indian government has not given any sanction for
the prosecution of suspected security officers. The Home Ministry for
example, did not give any sanction to prosecute those involved in the case
filed by former APDP Chairperson Parveena Ahangar regarding the
disappearance of her son. The case has remained unresolved for the past
last 11 years, despite the completion of the investigation and the
identification of the perpetrators. Though relatives of the disappeared
may file a First Information Report (FIR) at the local police station,
only a few cases are resolved since most police officers are unwilling to
investigate Army soldiers and paramilitary personnel. Therefore, impunity
whether legal, moral or political is a major factor behind enforced
disappearances.
The Association after becoming a Core Member of AFAD,
has pressured the state and central governments to give attention to the
issue of disappearances, with the state government vacillating in
different occasions. it has also ignored repeated demands from the APDP to
form a commission under the Commission of Inquiry to investigate cases of
enforced disappearances since 1990 which has now reached 3,000, contrary
to earlier view of 2,000. It needs more pressure from local, regional and
international groups struggling against enforced disappearances before the
state government can address the issue. But there is a positive
development: there was a reduction in the number of disappearances, though
the number of custodial deaths has increased. Last year, 87 cases of
enforced disappearance have been reported.
The Association, aside from organizing the relatives
for collective action to expose the perpetrators and seek justice, is
equally focusing on providing rehabilitation, especially for widows and
children of the disappeared. unfortunately, there are no NGOs in Jammu and
Kashmir which are equipped for such purposes. The plight of the
desaparecidos and their families is worse in a sense that unlike
victims of extra-judicial-execution who receive Rs. 1 lac or 2000 dollars
as an ex-gratia relief, the victims of enforced disappearances get
nothing. A spokesman of the government would provide ex-gratia
relief to people who were killed in militancy-related incidents but to
date, no one has received the said amount because it is difficult and not
proper to consider the disappeared as dead. The Association is at
present also giving emphasis on organizing district committees. These
district committees are essential and some of the relatives have invited
APDP to visit their respective communities. Inter-district meetings will
be helpful for the networking, fact-finding, and emotional support among
members. At present, three workers are collecting data from three of the
six districts in Kashmir (e.i. Baramulla, kupwara and Budgam) as a
preparatory phase of a larger program.
This year, the Association plans to lay a Monument to
honor all the disappeared persons in Kashmir. A parcel of land has already
been donated to APDP and funds are now being generated for its completion.
The local architect and land designer have shown enthusiasm for the
project. Hopefully the foundation stone of the Monument will be laid by
the last week of April. It would be a move not only to highlight the issue
of disappearances but to also pay some obeisance to the people who should
not be forgotten.
In this regard, the role of APDP becomes more important
since involuntary disappearances is not only a problem in Latin America
but is also a major concern among Asian countries. The APDP has earlier
requested that there should be some sort of lobby-work within the South
Asian Association of Regional Countries (SAARC) and the Association of
Southeast Asian Countries (ASEAN). The repeated protest actions made by
the AFAD member-organizations before the Embassies of the various
countries accused of committing enforced disappearances should be
continued. The APDP also suggests that scheduled or fixed protest dates be
held by AFAD before the Indian Embassies in Manila, Jakarta, Colombo,
Bangkok and Islamabad. The international community's human rights concern
cannot be disregarded by the government forever.
