UN rights experts urge India to end communications shutdown in Kashmir

GENEVA (22 August 2019) –<tel:+442019> UN human rights experts* today called on 
the Government of India to end the crackdown on freedom of expression, access 
to information and peaceful protests imposed in Indian-Administered Kashmir 
this month.


The experts expressed concern that the measures, imposed after the Indian 
Parliament revoked the Constitutionally-mandated status of the state of Jammu 
and Kashmir, would exacerbate tensions in the region.


Reports have described a near total communications blackout in Jammu and 
Kashmir since the evening of 4 August, with internet access, mobile phone 
networks, and cable and Kashmiri television channels cut off.


“The shutdown of the internet and telecommunication networks, without 
justification from the Government, are inconsistent with the fundamental norms 
of necessity and proportionality,” said the experts. “The blackout is a form of 
collective punishment of the people of Jammu and Kashmir, without even a 
pretext of a precipitating offence.”


The Government has also imposed a curfew across Jammu and Kashmir, bringing in 
massive numbers of troops to enforce restrictions on the freedom of movement 
and of peaceful assembly, particularly in the Kashmir Valley. “We remind the 
Indian authorities that the restrictions imposed by the Indian Government are 
intrinsically disproportionate, because they preclude considerations of the 
specific circumstances of each proposed assembly,” said the experts.


At the same time, information received suggests that there has been an increase 
in the arrest of political figures, journalists, human rights defenders, 
protesters and others.


The experts said they were deeply concerned by reports that security forces 
were conducting night raids on private homes leading to the arrests of young 
people. “Such detentions could constitute serious human rights violations,” the 
experts said. “The allegations must be thoroughly investigated by the 
authorities, and, if confirmed, those responsible must be held accountable.


“We are gravely concerned about allegations that the whereabouts of some of 
those detained is not known as well as the general heightened risk of enforced 
disappearances, which may proliferate against the backdrop of mass arrests and 
restricted access to the internet and other communications networks,” added the 
experts.


They also expressed serious concern about the use of excessive force against 
protesters, including the use of live ammunition, which could amount to 
violations of the right to life. “India has the responsibility to use the 
minimum force necessary when policing protests,” the experts said. ”This means 
that the use of deadly force is a measure permissible only as last resort and 
to protect life.”


ENDS


(*)The UN experts: Mr. David Kaye (USA), Special Rapporteur on the promotion 
and protection of the right to freedom of opinion and 
expression<https://www.ohchr.org/en/issues/freedomopinion/pages/opinionindex.aspx>;
 Mr. Michel Forst (France), Special Rapporteur on the situation of human rights 
defenders<https://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/SRHRDefendersIndex.aspx>;
 Mr. Bernard Duhaime, Chair-Rapporteur, Working Group on Enforced or 
Involuntary 
Disappearances<https://www.ohchr.org/EN/Issues/Disappearances/Pages/DisappearancesIndex.aspx>;
 Mr. Clement Nyaletsossi Voule, Special Rapporteur on the right to peaceful 
assembly and 
association<https://www.ohchr.org/EN/Issues/AssemblyAssociation/Pages/SRFreedomAssemblyAssociationIndex.aspx>;
 Ms Agnes Callamard, Special Rapporteur on extrajudicial, summary or arbitrary 
executions<https://www.ohchr.org/en/issues/executions/pages/srexecutionsindex.aspx>.


The Special Rapporteurs and Working Groups are part of what is known as the 
Special Procedures<https://www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx> 
of the Human Rights Council. Special Procedures, the largest body of 
independent experts in the UN Human Rights system, is the general name of the 
Council’s independent fact-finding and monitoring mechanisms that address 
either specific country situations or thematic issues in all parts of the 
world. Special Procedures experts work on a voluntary basis; they are not UN 
staff and do not receive a salary for their work. They are independent from any 
government or organization and serve in their individual capacity.




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