|
Walk the Rights
Talk
Jagmohan Singh
| |
Ms.
Navanethem Pillay, a South-African born Indian origin jurist of
Tamil descent took over as the fifth UN High Commissioner for
Human Rights on 1 September for a period of four years.
Jagmohan Singh writes an Open Letter to her submitting outline
of an agenda for protection of human rights in
India and
Sri Lanka. |
|
 Hon’ble Ms.
Pillay:
I write to
congratulate you on your appointment as the UN High Commissioner for
Human Rights and to present a case for intervention in the human
rights situation in
India and Sri
Lanka. Your opening remarks on your first day in office that “The
High Commissioner should focus fearlessly on protecting the
interests of victims all over the world, and that does involve
speaking up against the violators as well. I come with my heart for
the victims,” has increased my respect for you.
It is a matter
of joy that despite attempts to block your appointment, the UN
Secretary General -Ban Ki-moon was able to secure your position for
the august body. It is further encouraging noting that the UN
Secretary General has promised more resources and technical support
to strengthen the Office of the UN High Commissioner for Human
Rights.
Though the
incumbent of such a high office has to be totally fair and impartial
to the mandate, you will agree that it is natural that there is
likelihood of more expectation by people with whom the person shares
affinity of some kind. Understandably South Africans, Tamils and
people from the Indian sub-continent are pleased at your appointment
and have high expectations from you for protection of their civil
and political rights.
One of your key
contributions as a judge of the International Criminal Tribunal for
Rwanda
was in the area of rape as an institutionalized weapon of war and
crime of genocide. The Indian army has been using rape as a weapon
in the North-East and in
Kashmir.
The Sri
Lanka army has been consistently using violent offences against
women, including rape against the struggling Tamil Eelam fighters
and the hapless Tamil population.
The European
Union has reacted to your appointment by acknowledging the
distinguished role played by you in combating impunity. This is
another area of concern in
India and Sri
Lanka. In both the countries, police, paramilitary and armed forces
enjoy full impunity from rule of law. Besides these arms of
lawlessness, we also have the vigilantes to harass, maim, torture
and kill with full state patronage.
 One of the
lessons that I have learnt over years of human rights and political
activism is that there should be no haste in diplomacy and
international relationship management. However, UN bodies have
given the Indian sub-continent a raw deal. It is not only my
assessment, but that of many human rights bodies in
India that for
the last many decades, UN bodies have ignored the less privileged,
the minorities and ethnic nationalities in this region.
As you may know,
last week, the Acting UN High Commissioner for Human Rights issued a
concern about the recent violent protests in Indian-administered
Kashmir.
The OHCHR called upon the Indian authorities and in particular
security forces to “respect the right to freedom of assembly and
expression, and comply with international human rights principles in
controlling the demonstrators. The use of force should be
proportionate to the threat posed and firearms must only be used in
dispersing a violent assembly to protect individuals against an
imminent threat of death or serious injury.”
In a strange
development, with which I totally disagree, the OHCHR also said that
“Leaders of the different protesting groups have a responsibility to
ensure that demonstrations are peaceful and that the demonstrators
are not carrying sticks, guns or other weapons and refrain from
intimidation. Political actors are urged to take all necessary
protection measures to avoid exposing people under 18, including
young children, to violence and to manipulation for political
ends.” This was a totally unnecessary pontification to the peoples’
movement leaders already under attack from the Indian state.
| |
Your
predecessor, Ms. Louise Arbour had annoyed Islamic countries
and some western nations. It is my wish that you annoy at least
India and Sri Lanka |
|
|
Nonetheless, the
Indian response was typical. “Stay out of
India” screamed
the Indian foreign office. To use the exact words, India said, "It
does not need any advice on the protection and promotion of the
human rights of her citizens. New Delhi regrets the statement. This
is uncalled for and irresponsible.”
What it said
further was even more bizarre, shocking and laughable. It said that
“OHCHR should be aware that the state of
Jammu and
Kashmir has been a victim of terrorist violence for almost two
decades and all through this period, the authorities have acted
within the law and with restraint. In all their actions against
terrorists, personnel of the security forces have sought to ensure
that no innocent lives are lost.” This is not new, every time there
is some admonition of
India
and its gross violation of rights, India steps up its offensive of
being the largest democracy in the world.
When the world
unquestionably listens to such nonsense, affected people become
nothing but mute victims in
India’s tirade
against them. This is the point of my letter to you. The reprimand
by the OHCHR was reported in a small section of the Indian media.
It has had absolutely no impact on the struggle for rights and their
protection. I believe that the OHCHR has a more effective role to
play.
India and Sri
Lanka are hypersensitive to their human records and resort to
subterfuge, treachery, falsehood, suppress civil and political
rights and drumbeat euphoria of being democratic countries to
suppress human rights of ethnic nationalities and to commit inhuman
torture and harassment.
I submit that
your office needs to take up the following issues with these
countries:
-
Since the last
two decades, India has refused to grant official permission to the
Special Rapporteur on Torture to visit India. Sri Lanka too has
not granted permission to the Special Rapporteur.
-
Since the last
two decades and more, India has refused to officially allow
Amnesty International to visit Kashmir, Punjab and the North-east.
-
The National
Human Rights Commission of India cannot take up cases against
abuse of human rights by the para military and military personnel
in India.
-
India has
failed to ratify the Convention against Torture, which it signed
in 1997.
-
The temporary
powers given to the armed forces under the Armed Forces Special
Powers Act in 1958 have not yet been withdrawn even after 50
years, particularly from the North East in India.
-
Illegal
detention, custodial deaths and torture are normal occurrences
after every violent incident, particularly against minorities
including Muslims and Sikhs.
-
India and Sri
Lanka have not signed the Optional Protocol to the International
Covenant on Civil and Political Rights, denying its citizens the
right to file individual complaints to the UN Human Rights
Committee.
-
The Universal
Periodic Review, in which India and Sri Lanka participated
recently, would be meaningless if the Office of the High
Commissioner for Human Rights and the UN Human Rights Committee do
not ensure that India and Sri Lanka follow up on the promises made
at the review.
-
As many as 10
States raised specific questions about the persistence of
discrimination against 167 million Dalits in the areas of access
to education, health, housing and property, freedom of religion
and free choice of employment. India’s progress in this area
needs to be constantly monitored and measured.
-
The recent
attacks on Christians in Orissa and the blatant interference in
the religious affairs of the Sikhs from time to time by
quasi-government forces needs to be checked.
All this has
been adequately documented and presented to various UN rights bodies
by various individuals and organizations from time to time.
The UN Special
Rapporteur on Freedom of Religion or Belief, Ms. Asma Jahangir after
her two week visit to
India, made
interim remarks in March 2008. She referred to the planned attacks
against Christians in the Kandhamal, Orissa. She has also mentioned
in detail the anti-Muslim phenomenon in
Gujarat.
Her final report is due, but right-wing forces have torched 15
churches and killed many Christians.
It will be your
honour to preside over the 60th anniversary of the
Universal Declaration of Human Rights on 10 December this year. I
wish you well and hope for a fuller implementation of the creed of
“All Human Rights for all.”
Your
predecessor, Ms. Louise Arbour had annoyed Islamic countries and
some western nations by her outspoken statements. It is my wish
that you annoy at least
India and Sri
Lanka. In their annoyance lies the deliverance of human rights of
ethnic nationalities living in these regions.
Sincerely
Jagmohan Singh
Jagmohan Singh
is a human rights activist and commentator based in
Ludhiana.
He may be contacted at
jsbigideas@gmail.com
3 September 2008
|
Read Also
