United Nations Human Rights Council

The United Nations is divided into six Councils, each with its own functions. The Human Rights Council is one of those councils. Among the United Nations system’s intergovernmental bodies, the Human Rights Council is responsible for strengthening the protection and promotion of human rights throughout the globe. As well, it considers all thematic human rights issues and situations, and it may make recommendations regarding human rights violations. As we explore the human rights violations in Jammu and Kashmir, we will also take a look at the Human Rights Council’s position on the issue.

Overview of Human Rights Council

Formerly known as the Commission on Human Rights, the Human Rights Council replaced the former body. In its first session, the UNGA met from June 19-30, 2006. The body was established by the UNGA on March 15, 2006.

Council procedures and mechanisms were established in 2007 with the passage of a package of procedures and mechanisms. Among the mechanisms introduced by the UN were the Universal Periodic Review, which examined the human rights situation in each of the UN Member States, the Advisory Committee, which advised the Human Rights Council on thematic human rights issues, and the Complaint Procedure, where individuals and organisations could report violations of human rights to the UN.

By reporting on thematic issues and human rights situations in countries, working with UN Special Procedures established by the former Human Rights Commission, and collaborating with independent experts and working groups, the Council monitors, examines, advises, and reports on thematic issues and human rights situations in countries.

The members of the UNGA Council are elected by majority vote by secret ballot by the UNGA. The Council meets at the UN Office in Geneva, Switzerland. UNGA’s website indicates that the UNGA considers the candidate states’ contributions to human rights promotion and protection, as well as their voluntary commitments. Council members are distributed geographically in an equitable manner. 

A total of 13 seats are reserved for the African and Asia-Pacific regions, while 8 seats are reserved for the Caribbean and Latin American states and 7 seats are reserved for the Western European and other states. Following a two-term consecutive term, members cannot be re-elected. Their terms last for three years.

Human Rights Violations in Jammu and Kashmir

There have been human rights violations in Jammu and Kashmir committed by various belligerents near the Indian and Pakistani territories. Immediately following the partition of India, the first world war broke out between India and Britain in 1947-1948. According to a report, India tortured at least 432 people between 1990 and 2017, with 70 per cent of these victims in J&K. Kashmiris have used torture as a means of controlling each other. Many Kashmiris have been accused of individual prejudices.

An alliance of organisations in Srinagar called the Jammu Kashmir Coalition of Civil Society (JKCCS) which conducts research and campaigns against forced and involuntary disappearances in Kashmir released a report in January 29. A war crime, torture constitutes a crime against humanity according to the International Criminal Court (ICC) and the Geneva Conventions. The Indian government is believed to have tortured civilians, destroyed property such as homes, and caused widespread psychological distress according to Juan E Mendez, quoted in several publications.

According to USA Today, Jammu and Kashmir have among the highest militarisation rates in the world, which indicates an alarming human rights situation. Ajai Shukla, a defence expert, estimated that 470,000 Indian troops are present in the state, as opposed to the 650,000-750,000 estimated by JKCCS. Reports have also shown that there are 70% of torture victims in J&K.

By the beginning of August 2019, another 38,000 armed forces personnel were on the ground. In total, according to JKCCS data, there were between 700,000 and 800,000 armed forces members, which was more than one for every fifteen civilians.

Observers have reported that Indian security forces have tortured civilians in Kashmir since Article 370 was abrogated on August 5, 2019. The BBC reported on August 29, 2019.

Reporting period covered by the JKCCS is 1990 to 2017. Union home minister Amit Shah had advised that police use scientific inquiry instead of old third-degree torture methods on the same day the report was released.

Nevertheless, no mainstream Indian media outlet has covered the report. Although two of India’s most widely read newspapers, The Times of India in English and Hindi Dainik Jagran, have reported on allegations of torture in the Indian security forces and published more than 3,000 stories in Jammu and Kashmir this year, they have not addressed the report.

Conclusion

Throughout this article, we learned about the Human Rights Council and what it is responsible for. This article also stated how UNGA council is created. It also explained the Human Rights Council’s views on human rights violations in Jammu and Kashmir.