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Annual Human Rights Review – Indian occupied Kashmir, 2021

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Women walking past Indian security forces in Srinagar, summer capital of the Indian state of Jammu and Kashmir. Nimisha Jaiswal/IRIN

Review: 257 killings, 195 CASOs, 130 residential houses bombed, 80 military operations, 163 freedom fighters killed, 48 Indian occupying forces killed in retaliation, and 46 civilians murdered by the occupying forces. And Indian right-wing regime arrests members of the Kashmiri Civil Society, journalists, and activists. 

This annual report prepared by Legal Forum for Kashmir (LFK) on the situation of human rights in Indian occupied Jammu and Kashmir (IOJK) covers the period from January to December 2021.

2021 again saw bloodshed of Kashmiris and silencing of Kashmir’s civil society, arbitrarily arresting of human rights defenders, journalists, and members of the civil society.

The post-constitutional onslaught on August 05, 2019, in IOJK, everything seems to have come to halt, and the experience[s] have started to conjure images of unprecedented violence. The continuous Military Siege is considered to be the second-longest (880 days) after the ‘Sarajevo’ in the history of modern warfare. The unparalleled censorship on all forms of media coverage about the ongoing situation in the war-trampled region has made it more vulnerable for human rights organizations and media to work freely.

The year witnessed the casualty of 48 Indian armed force personnel and the killings of 163 freedom fighters besides the extrajudicial killing of 46 civilians.

From January to December 2021, Indian troops launched 195 Cordon and search operations (CASOs) and Cordon and Destroy Operations (CADOs), consequential in 80 military operations in which 163 freedom fighters died retaliating Indian occupying forces attacks. 48 Indian occupational forces were also killed during these military operations. The CASOs and CADOs also left 130 residential houses vandalized and destroyed at the hands of Indian occupying forces.

The right to access of information and expression continues to be severely restricted making Kashmir an information black hole. There were 127 instances of Internet blockade. Meanwhile, the Indian colonial state remains infamous as the ‘Internet shutdown capital of the world’, ranking first globally for chronic Internet shutting downs.

On Feb 22, 2021, a seven-member team of multiple Special Rapporteurs of the United Nations expressed “deep concerns” over the arbitrary use of the ‘anti-terror’ laws by the National Investigation Agency (NIA) against human rights defenders and journalists in Kashmir “aimed at discrediting their work. On June 29, 2021, United Nations Secretary-General Antonio Guterres, also urged India to end the use of pellets against children in Occupied Jammu and Kashmir.

India’s counter-terrorism agency raided the office of Jammu and Kashmir Coalition of Civil Society (JKCCS)—a local Human Rights defender group and arrested its program coordinator, Mr. Khurram Parvez, from his residence. Mr. Parvez is an award-winning Human Rights defender who has frequently published reports on Human rights abuses in the region, including enforced disappearances, torture, and mass graves. The United Nations and international organizations have repeatedly expressed concern over the arrest of the prominent human rights defender under the stringent anti-terror law and called for his immediate release.

The excessive use of force and impunity enjoyed by Indian forces in IOJK has increased the “Atrocity Crimes” manifold. There have been numerous cases of extrajudicial/custodial killings and denial of burial rites to the family members of civilians and rebels alike. On September 1, this year, nonagenarian war of liberation icon Mr. Syed Ali Geelani died after a decade under house arrest. His family was denied the last rites; Indian Police officials physically harassed the family.

In May 2021, Chairman of resistance Political amalgam Tehreek-e-Hurriyat and senior member of the All Parties Hurriyat Conference, Muhammad Ashraf Sehrai was denied medical treatment and died in detention under the draconian Public Safety Act (PSA), an Act initially introduced against timber smugglers. His Son told Indian media “his father was murdered by jail authorities”. Later on, both of his sons were abducted and arrested under the notorious Unlawful activities and prevention Act (UAPA) for speaking up against the violations. 

The year also saw a new PSYOP forced on the local populace by Indian intelligence agencies.  Mass seizure of Private and public transport vehicles; including two-wheelers, three and four-wheelers leaving locals helpless. 

Kashmiri prisoner of war continues to suffer in various Indian jails over rejection of Indian occupation.

Religious freedom remains curtailed for the Muslim majority region. It has been 150 weeks in the last six-year that Kashmir’s largest mosque, Jamia Masjid has not seen any believer praying inside the premise.

Massive administrative and legislative changes arming and aiding the Indian settler-colonial project saw massive land grabs by Indian defense and Hindu right-wing capitalists paving way for demographic change.

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Human Rights

Urgent action needed to protect Vietnamese workers trafficked to Serbia

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Urgent action is required to assist and protect some 400 Vietnamese migrant workers who were allegedly trafficked to Serbia, experts appointed by the UN Human Rights Council said on Friday. 

Eight companies, including Vietnamese labour recruitment agencies and Chinese construction firms registered in Serbia, have reportedly been implicated in serious human rights abuses, they said, citing information received.  

The experts have written to the businesses and are also in contact with authorities in the three countries.  

Appalling conditions 

“We are deeply concerned that these migrant workers may have been trafficked for purposes of forced labour, and have been living and working in appalling conditions in Serbia, at serious risk to their lives and health,” they said in a statement. 

They were also disturbed by allegations that civil society groups wanting to assist the workers have not been allowed access to them. 

The experts urged the Governments of Serbia, Viet Nam and China to ensure that businesses based in their territory, or operating under their jurisdiction, respect the human rights of all workers. 

“This includes not only the businesses who rely on migrant labour but also labour recruitment agencies,” they said. 

Duty to protect 

Regulation and monitoring of labour recruitment agencies is also critical to effectively prevent trafficking for the purposes of forced labour, they added. 

The experts reminded governments of their duty to protect against business-related human rights abuses. 

Countries must also take appropriate steps to ensure victims have access to justice and effective remedies, and to ensure ongoing assistance and protection, including against forced return. 

They also highlighted the obligations of businesses to exercise due diligence in ensuring that the rights of all workers are protected, without discrimination, recognising the particular needs and rights of migrant workers. 

Independent experts 

The eight human rights experts who issued the statement receive their mandates from the UN Human Rights Council, located in Geneva. 

They monitor and report on specific issues of global concern, which include trafficking in persons, contemporary forms of slavery, the human rights of migrants, and implementation of UN principles on business and human rights. 

The experts operate in their individual capacity and are neither UN staff nor are they paid for their work. 

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Human Rights

UNRWA condemns demolition of Palestinian home in East Jerusalem

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The Salhiyya family's personal belongings after the demolition of their home in East Jerusalem. © UNRWA

The UN agency that supports Palestinian refugees, UNRWA, on Thursday urged Israeli to immediately halt all evictions and demolitions in the West Bank, including East Jerusalem, after an entire family was forced out of their long-term home the previous day.  

Israeli police evicted the Salhiyya family from their two adjacent houses, according to news reports, in the Sheikh Jarrah neighbourhood in East Jerusalem early on Wednesday, and later tore down the structures – a move which UNRWA’s West Bank field office has condemned. 

Staff who visited the scene on Thursday morning observed the total destruction of the property, with school bags, clothes and family photos still partially visible beneath the rubble. 

Against international law 

“Under international humanitarian law, the forcible transfer of protected persons, as well as the destruction of real or personal property belonging individually or collectively to private persons by Israel, as the occupying power, is strictly forbidden, except where such measures would be rendered absolutely necessary by imperative military reasons, or for the security of the population under occupation,” the agency said. 

The 15-member Salhiyya family, who include an older woman and young child, had been living in Sheikh Jarrah for nearly 40 years, according to UNRWA.   

The neigbourhood and tensions surrounding evictions, and attempted evictions, was at the heart of brutal fighting that erupted last year in Gaza, between Israel and the militant group, Hamas. 

Arrests and injuries 

Israeli forces raided the two Salhiyya houses on the property, at 3am on Wednesday, while the family was sleeping.   

In a matter of hours the homes, as well as their possessions, were destroyed, UNRWA said, adding that Israeli forces injured several family members during the eviction operations. 

The head of the family, Mahmoud Salhiyya, along with other relatives, was also arrested.  Mr. Salhiyya had threatened to set himself on fire two days ago after Israeli forces demolished his business, located next door. 

Other families at risk 

UNRWA stated that sadly, cases like the Salhiyya’s are not unique as scores of Palestine refugee families in different areas of Sheikh Jarrah alone – over 200 persons, many of them children – currently face imminent threat of eviction.  

Across East Jerusalem, an estimated 218 Palestinian households are at risk of displacement by the Israeli authorities, the agency said, citing 2020 data from the UN humanitarian affairs office, OCHA

These households comprise some 970 people, including 424 children. 

UNRWA called on the Israeli authorities to abide by international law and, as the occupying power, to ensure the protection of Palestine refugees and civilians in the West Bank, including East Jerusalem.  

“All individuals have a right to safe and secure housing and to live in peace and dignity,” said the agency. 

Agencies call for release of seriously ill child 

In another development in the region, UNRWA and two other UN agencies are calling for the immediate release of a seriously ill Palestinian child detained in Israel. 

Amal Nakhleh, now 18, has been held without charge for more than a year, a measure known as administrative detention.  He has a rare neuromuscular disorder, according to media reports. 

Israel has extended his detention until 18 May, according to a statement issued on Thursday by the UN Children’s Fund (UNICEF), UNRWA, and the UN human rights office, OHCHR

“Neither Amal nor his lawyers or family have been informed of the reasons for his arrest and detention. Amal suffers from a severe autoimmune disease that requires continuous medical treatment and monitoring,” they said. 

Not an isolated case 

The UN agencies called for his “immediate and unconditional release”, in line with international human rights law. 

This is not an isolated case, they added, as currently at least three Palestinians are in administrative detention who were under age 18 when they were first detained. 

“We echo the calls of the UN Secretary-General who in his Report on Children and Armed Conflict has, every year since 2015, urges Israel to end the administrative detention of children. This practice deprives children of their liberty and must immediately end.” 

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Human Rights

UNRWA seeks $1.6 billion to support Palestinian refugees in 2022

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A young girl takes part in UNRWA's Keeping Kids Cool summer activities in Gaza. © UNRWA 2021/Mohamed Hinnawi

The UN agency that supports Palestinian refugees, UNRWA, on Tuesday appealed for $1.6 billion to support its lifesaving work this year amid acute regional crises and chronic funding shortfalls. 

UNRWA provides services and programmes, including education, health and food assistance, to more than five million Palestinians across the Middle East. 

The 2022 budget proposal includes additional emergency funding to address humanitarian needs arising from crises in Gaza, the West Bank, Syria, and Lebanon. 

‘Indispensable’ to stability 

Philippe Lazzarini, the agency’s Commissioner-General, said budget shortfalls pose a serious threat to its ability to maintain operations. 

“The international community recognizes the lifesaving role of UNRWA and its indispensable contribution to stability in the Middle East. It also recognizes how cost-efficient and agile UNRWA is. In 2022, that recognition must be supported by the adequate level of funding to meet this critical moment for Palestine refugees,” he said

The budget proposal comes as UNRWA confronts chronic funding gaps as needs keep rising. 

Distress and despair 

It is estimated that 2.3 million Palestinian refugees are living in poverty, and the COVID-19 pandemic continues to threaten health and livelihoods. 

Distress and despair have become the norm among Palestinian refugees, according to UNRWA.  Many, particularly in Gaza, Syria and Lebanon, report that they are ready to use any means to try to migrate outside of the region. 

Breaking the cycle 

UNRWA has committed to investing in comprehensive programmatic reform and modernization to meet needs in an even more cost-effective and efficient manner.  

The agency said that being fully-funded across its full range of services, will assist its efforts towards breaking the cycle of despair among Palestinian refugees through measures such as providing some $31.2 million in microfinance loans and carrying out vital structural improvements to refugee camps. 

 “The amount that UNRWA is requesting for 2022 will directly contribute to the wellbeing of Palestine refugees, to efforts to combat and contain COVID-19 and to regional stability,” said Mr. Lazzarini. urging donors to step up. 

“The international community must give UNRWA sufficient and predictable funding so we may continue to provide Palestine refugees with a sense of security and normality they deserve.” 

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