Since 1947, the people of this land have been unable to avail of their right to internal and transnational movement. Instead, they have suffered the pain of four displacements, expulsions, exiles and refusals to return. The Kashmiri refugees, overshadowed by international crisis, from Syria to Afghanistan to Myanmar to Ukraine, say the world has forgotten them. And, like refugees everywhere, they say one of their worst trials is uncertainty.
In Indian occupied Kashmir, an ominous pattern of violations of the right to freedom of movement is taking place. As these are occurring in the course of an armed conflict in the exercise of the right to self-determination, international scrutiny is imperative. Violations of the right to freedom of movement by the Indian forces can be characterized as breaches of the Fourth Geneva Convention in addition to breaches of international human rights law standards.
The UN Human Rights Committee that was established by a 1966 human rights treaty, has expressed that states are liable under the Political Covenant for violations of a person’s rights recognized in that Covenant and committed by its agents in the territory of another state. The United Nations and its affiliated organizations have a stake in the substance of this right – Freedom of Movement in Indian Occupied Kashmir
There is a special guarantee of freedom of travel including the lawful entry and exit given in the UN Security Council Resolution of 21 April 1948. Travel of the local inhabitants and of many others to and from the Valley has come to a standstill. Indian administration has denied the request made by the officials of the office of the UN High Commissioner for Human Rights to visit the Valley.
Jammu and Kashmir is one political and geographical entity divided artificially by a cease-fire line which has come into existence as a result of intervention by the United Nations. Movement of one and all is restricted when an entire locality is put under, what is locally known as a crackdown in Kashmir. Entire locality is besieged by the Indian army during cordon and search operations. The entire male population of an area is detained at a particular place, in the open, sometimes in sub-zero temperatures, sometimes extreme heat, rain without food and water for the whole day which may even extend to parts of night.
Frequent roadblock check and harassment, humiliation of civilians including medical and firefighting personnel trying to carry out their duties has greatly hampered movement of people in their own land. There have been many occasions where vehicles have been fired upon by the Indian army killing and injuring people while in travel. Movement to the hospitals too has got restricted as the Indian army has not and does not spare these institutions too. Passports are denied selectively. Some political leaders have not been given passports even to receive medical treatment outside India or simply to travel to other countries.
The UN High Commissioner on Human Rights, in the name of humanity and justice should help stop these atrocities and listen to cries of anguish and pain of the innocent people of Kashmir. If we fail to carry out this task, we shall not be living up to the Charter of the Human Rights Council which has been mandated to give ‘meaning to the sufferings of the human race.
