Moving on with new challenges in 2010, the Asian
Federation Against Involuntary Disappearances (AFAD) remains positive
for the final entry into force of the UN Convention for the Protection
of Persons from Enforced Disappearance on the first half of the year. To
date, while doing its continuing campaign, it is waiting for two more
ratifications. If we look at this in the number’s perspective, the entry
into force of this treaty is surely not far from being attained
considering that eighteen out of twenty states necessary for the entry
into force have already ratified. The AFAD has directed its goal to make
at least one of its members in South Asia and South East Asia to
historically get at least one of the first twenty ratifications. As we
vigorously project that involuntary disappearance is an Asian
phenomenon, achieving the ultimate entry into force of this particular
convention will give us a mechanism where enactment of a domestic law
criminalizing enforced disappearance shall be facilitated and that the
treaty’s provisions be implemented. In this manner, people in states
that ratified the treaty will be covered with protection from enforced
disappearances, thus reversing the dreaded climate of impunity. The
Federation trusts that a state’s full compliance to the treaty shall
stop enforced disappearances.
To this direction, the AFAD conducted a lobby tour in
Indonesia, East Timor, Thailand and India during the last quarter of
2009. In India, lobby efforts were done with members of the Parliament
and civil society organizations - the first time since the AFAD was born
more than eleven years ago.
On 16 December 2009, activities kicked-off in a 9:00
a.m. meeting with Member of Parliament, Mr. Saifuddin Soz at his office
in Akbar Road, New Delhi. Mr. Soz was non-categorical in his statement
regarding the Convention. He was, however, concerned enough to refer us
to other point persons in the government whom he believed would be
appropriate to approach as far as our agenda on the ratification of the
treaty was concerned. He was particularly adept with Kashmir situation
but quite reserved when told to comment on "Buried Evidence, " a report
of the Association of Parents of Disappeared Persons on mass graves of
at least more than 2,700 people (See related article on pp 67-69).
Our brief audience with this former heir of the
throne in the princely state of Jammu and Kashmir, Dr. Karan Singh, who
is a very prominent person in the Indian political history, was made
possible via the endorsement of MP Soz. Dr. Singh is also the
Chairperson of the Foreign Affairs Cell of the Congress party. According
to him, the ratification of the Indian government of the cited UN
Convention was worth discussing with the Ministry of Foreign Affairs. We
left his office in Jawahar Lal, Nehru Memorial Fund, Teen Murbi, Bhawan,
richer with another parliamentary and personal referral.
On
the second day, our activity started with a meeting with the Central
Chief Information Commissioner, Mr. Wajahat Habibbulah in his office at
August, Kranti Bhawan, Bhikaji Cama Place. His accommodation to the
group was as good as his remarks about the limitations of his office to
suitably act on our concerns.
Generally, the first round of visits which the AFAD
team conducted in New Delhi was encouraging enough in the sense that
everyone demonstrated openness to India’s becoming a party to this
treaty. However, the team did not obtain clear ground of concrete
support given the powerful positions of the persons the team met in
obtaining the Indian government’s ratification. To note, the Indian
government signed the Convention on 6 February2007 when the treaty was
first opened for signatures in Paris, France. Furthermore, the civil
society organizations in New Delhi expressed pessimism on their
country’s ratification for varied reasons. Some members of civil society
stated that even a strong persuasion of human rights organizations, both
local and international, will be futile. They felt that their government
cannot let itself be fried by its own oil vis- -vis the enormity of its
accountability to the grave and systematic human rights violations,
particularly politically-motivated disappearances and the mass graves in
Kashmir. For a country known to be the world’s largest democracy, this
overt negligence is indeed, revolting.
The
last leg of the lobby in the capital brought us in Masjid Road, Jangpura,
New Delhi, in a meeting with Atty. Colin Gonsalves of the Human Rights
Law Network. It was a very fruitful exchange surrounding human rights
issues all over India as the network’s main existence deals with lawyers
and social activists dedicated to the use of the legal system to advance
human rights, struggle against violations and ensure access to justice
of everyone. The same pessimism on ratification was observed, but Atty.
Gonsalves floated the idea of engaging lawyers and judges in a
training-workshop dissecting the substance of the UN Convention for the
Protection of Persons from Enforced Disappearance. In this way, the AFAD
can possibly achieve organizing a small group of human rights defenders
who will particularly assist the public in protecting people from the
unimaginable harm of enforced disappearance, taking into consideration
that India has the moral obligation to abide by the treaty because it is
a signatory. Well-taken, Mr. Colin: The AFAD will surely consider this
in mapping out its future strategies.
Next to lobbying, our agenda was to draw insights
from the people involved in coming out with the report, "Buried
Evidence." Preparing this kind of documentation could have taken a lot
of toll to the whole research team especially when all closely knew how
tremendous the moral weight connected with it was. " Buried Evidence" is
a preliminary report of the International People’s Tribunal on Human
Rights and Justice in Indian-Administered Kashmir (IPTK) released in
public on 2 December 2009 in Srinagar. To reiterate, this report
documents 2,700 unknown, unmarked, and mass graves, containing more than
2,943 bodies, across 55 villages in Bandipora, Baramulla, and Kupwara
districts of Kashmir, based on applied research conducted between
November 2006-November 2009.
Grossly, "Buried Evidence" unmasks faces of cruelties
degenerating into barbaric acts from a repressive yet self-proclaimed
civilized state. This reality is perhaps, unbelievable if one would try
looking only at this beautiful valley from a narrow viewpoint. Kashmir
is indeed a gem for the Republic of India. It has rich cultural
practices and works of art, intricate handicrafts, numerous scenic
places and warm-hearted people staying cool even at highly negative
temperatures. But this paradise evolves in countless struggles for
universal enjoyment of human rights.
The Association of Parents of Disappeared Persons, an
organization of families of victims of enforced disappearance based in
Srinagar, Kashmir, one of the founding members of the AFAD, facilitated
the whole lobby tour.
Award-winning
human rights defenders Adv. Parvez Imroz and Khurram Parvez were the
ones who kept the line burning at the top level from Srinagar to the
AFAD Secretariat in Manila in order to perfect the lobby activities in
New Delhi and Kashmir. The hard work of the APDP staff members was also
translated into the well-attended forum held at the hotel in The Bund,
Amirakadal, Srinagar. In the forum, at least a hundred family members of
the disappeared were appreciated for their unwavering pursuit for
justice. The panelist from the AFAD and the FEDEFAM took their
turns in conveying to the audience what the federation has been doing to
attain truth, redress and the reconstruction of the memory of their
beloved disappeared. Particular of which was the campaign towards the
ratification of this relevant UN treaty and its meaning to the lives of
the families of the victims. In the same event, discussions among
Executive Committee members of the APDP were done and the need to
augment logistical support in the area of educational assistance was
strongly forwarded. At the outset, I was impressed with the brave fronts
of the women as they arrived in the assembly hall. These women are the
mothers, half widows and daughters of the disappeared. Behind their
bright smiles, I can imagine silhouettes of pain, of emptiness cascading
into energies of continued collective battle until justice is served.
The five-day tour was a rich ground to derive
profound insights. The appointments accepted by the members of the
Parliament were good starting points for commitments. Abandoning this
opportunity will block chances of success. Regardless of how resolute a
government is in its position with international human rights treaty, it
will not hurt if we cast even a glimpse of chance. The civil society
organizations must not only be steadfast in their human rights agenda
but also more attentive to the imminent public apathy towards advocacies
related to government’s compliance and adherence to international human
rights instruments. Moreover, solidarity with the suffering families of
victims has always been a source of deep strength to go on and be
continuously involved in keeping peoples’ rights protected.
At this point, I would like to acknowledge the
composition of the lobby team, Mugiyanto, AFAD Chairperson, Ms. Mary
Aileen D. Bacalso, AFAD Secretary- General, Ms. Gimena Gomez, FEDEFAM
representative, Mr. Ted Borrero, AFAD evaluator and yours truly. Our
persistence and patience in sharing with the people in New Delhi and the
Kashmiris are admirable. To APDP, sail on and keep the fire burning for
justice and peace.
Emilia P. Aquino is a dentist
by profession with a long engagement in the provision of direct health
services to victims of human rights violations such as political
detainees, victims of demolitions in urban poor communities and workers
on strike. She has worked with the Medical Action Group, Inc. (MAG) as
Education Officer and presently the Administrative Officer of the AFAD.
