Kashmir Unmarked Graves: UN Mediation

Guest Post By: Huma Sheikh

In August 2011, the unmarked graves atrocity came to light in Kashmir after the Jammu & Kashmir Human Rights Commission confirmed that more than two thousand bodies were buried in those graves in several districts of the Valley. The commission said many of the dead were civilians who had disappeared over the past two decades, the time of the bloodiest violence in Kashmir. The Association of Parents of Disappeared Persons (APDP) —an association formed by parents and relatives of victims of enforced disappearances in Jammu and Kashmir— had in 2008 reported to the commission about the presence of unmarked graves, and about their fears that those unidentified bodies might be their missing children.

According to the commission report, 2,730 bodies were buried in thirty-eight sites in North Kashmir’s Baramulla, Bandipora, Handwara and Kupwara districts. Five hundred seventy four (574) among the 2,730 bodies were those of missing local Kashmiris.

The Jammu and Kashmir government had earlier said the bodies in unmarked graves were those of unidentified militants, most of them Pakistani insurgents who were handed over to local people for burial. After the commission report, Kashmir Chief Minister Omar Abdullah said all missing persons were not buried in unmarked graves. Some of these people had been doing small businesses—either driving cabs or something else– across the Line of Control (LOC), the de facto border dividing Indian and Pakistani Kashmir. “I can say with authority that some of the persons buried in these unmarked graves were killed by militants,” Omar had told the Hindustan Times newspaper in India.

The issue of unmarked graves has become a major problem in the eight-decade-old conflict in Kashmir. People in Kashmir feel they are unsafe in the valley because of civilian disappearances by security forces and their subsequent killings in fake encounters to label them insurgents. The government, on the other hand, maintains the situation in Kashmir has improved and the Chief Minister established a truth and reconciliation commission to investigate unmarked graves. But this problem remains unresolved but can be resolved with the help of international third party mediation, or more precisely the United Nations mediation–mainly for two reasons:

1. The Kashmir conflict is a regional conflict because its resolution must include both India and Pakistan.

2. India is primarily Hindu and Pakistan is Muslim, and Kashmir, which is predominantly Muslim, is part of Hindu India. The UN was involved in the Kashmir conflict from 1948 to 1965 after India reported to the Security Council on January 1, 1948 under Article 35 (chapter VI) Pakistan’s involvement in aiding tribal invaders. Pakistan denied, however, having ever supported the tribal invaders. Several resolutions were passed by the UN during its 17-year-old active involvement in the conflict. But neither India nor Pakistan agreed to them.

The recent Kashmir conflict (1989), however, is not the same. It’s one of the most dangerous conflicts of the world having now killed over 70,000 people in Kashmir. The U.N mediation to resolve the Kashmir conflict is a necessity for the best interests of people in Kashmir, India, and Pakistan. Here’s why!

Background: Kashmir Conflict

The Kashmir conflict is principally a regional conflict dating back to 1947 when two states of Hindustan—India and Pakistan– were divided into two countries. Before 1947, Hindustan was ruled by Great Britain and Kashmir was one among 584 princely states not directly ruled by British Empire. Following Independence, the Hindu leader of the Muslim-majority Kashmir Hari Singh opted to accede to India as armed invaders from Pakistan were advancing on the Kashmir capital, Srinagar. According to the accession agreement, autonomy was promised to the people of Kashmir upon defeating the Pakistani invaders, autonomy to decide their future course of action i.e. whether to be part of India or Pakistan. This right to self-determination, has, however, always been bypassed by the Indian government. India and Pakistan have fought three wars over Kashmir since 1947. The two countries negotiated a Line of Control in 1971 dividing Indian and Pakistani Kashmir, but that border has always been restive.

The recent conflict— a secessionist movement— in Kashmir began in 1989 and has now killed over 70,000 Kashmiri Muslims, mostly civilians. The main demand of people in Kashmir is sovereignty and freedom (azadi) from India. This new wave of violence turned religious when minority Kashmiri Hindus left Kashmir in 1990. Kashmiri militants claim that Kashmiri Hindus left the state because it was the conspiracy of the Indian government so that it could without a hitch kill all Kashmiri Muslims in Kashmir. Kashmiri Hindus, on the other hand, claim that Kashmiri militants killed many of them, and they threatened them to try to move them out.

Similar Conflicts

Bosnia and Herzegovina (1992-1995) was an ethnic conflict over the partition of Bosnia. Ethnic Muslim Croats and Bosnians wanted to secede from Yugoslavia. But most of the Serbs opposed this desire for independence. The war claimed around 100,000-110,000 lives.

In 1992, the UN mediated the conflict and established the United Nations Protection Force (UNPROFOR) to facilitate peacemaking in the region. To extend its mandate, it passed many resolutions over time such as more UN military involvement and allowing NATO air strikes against insurgent Bosnian Serbs. In October 1995, all parties agreed to a ceasefire that resulted in Dayton Peace Accords (DPA) in December, 1995.

Iran-Iraq (1980-1988) war lasted eight years over several border disputes, the most important being the Shatt al-Arab, the major waterway connecting the Persian Gulf with the Iranian ports of Khorramshahr and Abadan, and the Iraqi port of Basra. The war killed about one million people.

The eight-year old war between Iraqi Arabs and Iranian Persians came to an end in the summer of 1988 after UN resolution 598 was accepted by both the countries. According to the resolution, the UN supervised ceasefire was established and UN Iran-Iraq Observer Group (UNIMOG) created by the security General monitored the ceasefire. The resolution also included prisoner exchanges and pulling out of forces to internationally recognized boundaries.

Appropriateness of UN mediation in Kashmir conflict

The Kashmir conflict has essentially much in common with Iran-Iraq and Bosnian conflicts in regional and religious contexts, and it calls for the UN’s involvement in effectively resolving the issue. The continued UN involvement after 1965 would have prevented 1989 freedom movement in Kashmir. Now the unmarked graves issue may have repercussions for another bloodier war in Kashmir especially after the commission report confirmed the burial of 574 civilians in those graves.

Weaknesses and Strengths of UN Mediation

Weaknesses: The UN mediation is arbitrary. Decisions are based on agreement of conflicting parties. In other words, the problem of mediation is to get the conflicting parties to agree. In Kashmir, the UN resolution 47 on April 21, 1948 called for holding a UN-supervised plebiscite in the Valley among other things, but both India and Pakistan rejected it. India feared that Kashmiris might vote for Pakistan because of their same religious identity. Pakistan refused the resolution for fears that referendum might be rigged because the Prime Minister of then still autonomous Jammu & Kashmir– Sheikh Abdullah was an Indian ally.

Strengths: Arbitration insures a less formal setting to the mediation process. Unlike legal process, mediation compels the conflicting parties to change and see the common ground that can resolve the conflict. The UN is the most powerful international organization with 192 member countries from across the world. It can extend its mandate by passing several resolutions. For example in Bosnia & Herzegovina war, the UN passed several resolutions to extend its mandate that enabled UNPROFOR (United Nations Protection Force—to take control of Sarajevo airport in 1992 for humanitarian relief following fighting between Bosnian Croats and Bosnian Serbs over Bosnia’s referendum a month before.

The UN can also seek help from its member states, if necessary, to bring an end to the conflict. For example in 1995, UK and France—the two member states of the UN—supported NATO operations after the Sarajevo Markale market massacre and arrest of UNPROFOR forces by Bosnian Serbs.

Weaknesses and Strengths of war

Weaknesses: War results in the deaths of thousands of innocent people as well as widespread destruction of material and financial resources. Iran-Iraq war claimed lives of some five-hundred thousand to one million people and the financial cost was estimated at a minimum of $200 billion.

Strengths: War brings an end to the vexed conflict. People are willing to give in on ideological stances in order for the violence to stop because losses incurred in war are huge. In other words, war has the ability to bring about conclusion to the conflict because of casualties and costs. The winning country controls everything. There may be little negotiation. .

Weaknesses and Strengths of international law

Weaknesses: If a country is strong enough that it doesn’t care about the international law, then it doesn’t abide by the law. Example: When the US invaded Iraq the second time, it was against the UN mandate but the country could get away with it because of its superpower status.

Strengths: International law constricts countries (member states) in organizations such as the UN to abide by this law. This gives leverage to the UN because belligerents can be tried in the international criminal court. (ICC). Example: In Bosnia-Herzegovina conflict, the UN passed resolution 827 in May 1993 to create International Crimes Tribunal for former Yugoslavia (ICTY) to prosecute people responsible for serious violations of international Humanitarian law .

Weaknesses and Strengths of avoidance

Weaknesses: Avoidance is simply not addressing the problem as if it doesn’t exist. In some cases, the conflict may resolve itself with time or otherwise it may become a major problem. In case of Kashmir, avoidance is ignoring the reality of unmarked graves, human rights violations and thousands of people being killed.

Strengths: If conditions aren’t too violent or too extreme, time and changes in politics or world economy will resolve the problem peacefully without mediation, revolution, or military conflict. Any time a conflict is and will likely to continue to be violence-free, avoidance of violence might be one of the best solutions.

The Kashmir conflict is obviously too violent for the avoidance strategy. It is a major regional and religious conflict that has plagued not only people in Kashmir but also the two nuclear nations of India and Pakistan. India may be looking at the Kashmir conflict through the “strength of war” lens and assuming that Kashmiri people will eventually grow tired and give up violence. Pakistan, on the other hand, may be looking at the Kashmir conflict in the context of India’s weakness and hoping that its rival nation would finally leave Kashmir in favor of preserving its good reputation in the world as one of the fastest growing economies globally. But these assumptions are not valid and the continued large-scale violence in Kashmir proves it. The only resolution strategy for the Kashmir conflict is to develop an agreement that is mutually beneficial and will provide long lasting benefits to the people of Kashmir and India and Pakistan. This agreement should also help strengthen the ability of Kashmir as well as India and Pakistan to work together in the future. UN mediation is appropriate for the Kashmir conflict because neutrality is crucial to the UN’s record in peacemaking and peacekeeping and its final decisions are future-oriented and based on objective criteria. The UN recently expanded its peacemaking operations in regional conflicts. These services include provision of mediation services, good offices, and other forms of intermediary assistance; provision of fact-finding and observation commissions and the provision of humanitarian aid and assistance. India and Pakistan have not been able to resolve the Kashmir conflict since 1989. More importantly the conflict transformation since 1989 and its effects on the people of Kashmir and India and Pakistan—the two major nuclear powers— threaten the security of the whole world. In other words, this conflict makes it a world security problem— not just Kashmir and India-Pakistan conflict— and therefore makes it a prime candidate for UN mediation. UN mediation will enable the conflicting parties to work toward a sustainable agreement and bring about positive change in Kashmir as well as India-Pakistan and the rest of the world.

Shocking Brutalities in Kashmir

Guest Write up By: Sajjad Shaukat

The question of unmarked graves which shows shocking brutalities of Indian security forces in the Indian-Held Kashmir is appearing with more details which were concealed by New Delhi. In this respect, in its recent report which was also published by several Chinese newspapers, China’s leading News Agency Xinhua has unearthed more gruesome details on world-stunning unmarked graves in Poonch, in the Indian occupied Kashmir. While quoting reliable local sources, the report disclosed the statement of Sofi Aziz Joo, caretaker of a graveyard as saying, “Police and Army used to bring those bodies and direct me to bury them. The bodies were usually bullet-ridden, mutilated, faces disfigured and sometimes without limbs and heads.”Xinhua’s report said, “Burials are carried out quietly without involving the local people…burials of those killed by army and police usually stoke protests in the region against police and army with the demand of end to New Delhi’s rule.”

On September 27 this year Amnesty International said that lawmakers in Indian-held Kashmir should discuss the recent discovery of unnamed graves containing more than 2,000 bullet-riddled bodies and should demand an independent panel be set up to identify the bodies, noting the same recommendation made by the Jammu-Kashmir State Human Rights Commission which had yet to be acted upon. It repeatedly emphasised, indicating, “The state government must also ensure that all past and current allegations of enforced disappearances are promptly, thoroughly, independently and impartially investigated”, adding that anyone found responsible should be prosecuted

. It is notable that after widespread allegations of human rights abuses in the Indian occupied Kashmir by the army, paramilitary and police, a commission was set up in 1997. However, Indian Jammu and Kashmir State Human Rights Commission (SHRC) has officially acknowledged in its report in August this year that innocent civilians killed in the two-decade conflict may have been buried in unmarked graves.

According to the report of the Indian commission, “Hundreds of unmarked graves in Kashmir hold more than 2,000 bullet-riddled bodies that may include innocent victims, despite police claims that they were militants fighting Indian rule in the disputed Himalayan territory.” Indian Commission’s report indicated, “2,156 unidentified bodies were found in mass graves in three northern mountainous regions, while 574 other bodies were found in the graves have been identified as local residents.

The probe said it noted 851 unknown bodies in Baramulla, 14 in Bandipore, 14 in Handwara and 1277 in Kupwara. While concealing actual details, it also acknowledged that few bodies were defaced, 20 were charred, five only had skulls remaining and there were at least 18 graves with more than one body each. Before this admission, Indian high officials have been emphasising that all these bodies were of militant fighters—claimed by police when they were handed over to villages for burial. While, rights groups have disclosed that more than 8,000 people have disappeared, accusing government forces of staging fake gunbattles to cover up killings. The groups also revealed that suspected rebels have been arrested and never heard from again. Notably, Parents of Disappeared Persons (APDP), which in March 2008 released a report, titled, “Facts Underground”, had indicated the presence of unidentified graves. The APDP, which estimates around 10,000 people went missing during last two decades, claims, “many missing people may have ended up in these unmarked graves.” In December 2009, another human rights group, the International People’s Tribunal on Human Rights had released a report claiming that unnamed graveyards “entomb bodies of those, murdered in fake encounters and arbitrary executions.” Earlier, on August 23, 2011, Amnesty International had said that the investigation of graves in three regions also needs to be widened to the entire Indian-held portion of Kashmir. It insisted, “All unmarked grave sites must be secured and investigations carried out by impartial forensic experts.” In fact, since 1989 when movement of liberation in the Indian-controlled Kashmir accelerated, more than 70,000 people have been killed by Indian forces and police. Indian security forces employed various techniques of ethnic cleansing such as unlawful confinement, kidnapping, sieges, curfews, shelling of civilians, the destruction of homes and mosques, rape, torture, beating etc. And these inhuman methods contunued till the death of innocent Kashmiris. Besides, a number of unarmed individutals were killed by the Indian military, para-military troops and police in the fake encounters. So unnamed graves include a majority of those Kashmiris who were tortured to death by the security forces or directly killed by the Indian secret agency RAW. It is of particular attention that on June 28, 2010, BBC reported, “Three men went missing in Indian-administered Kashmir in April…but some time later their bodies were discovered near the Line of Control…a senior officer of the Indian army had kidnapped them by offering them jobs as porters. The troops later informed the police that they had killed three militants. Kashmir’s law minister, Ali Mohammad Sagar says there have been several proven cases of fake encounters in the past 20 years.”

BBC explained, “There are hardliners in the Indian Army and intelligence agencies, who think that by raising the bogey of infiltration and gun battles near the border they can create terror among people and also put pressure on Pakistan.”

Over the 20 years of violence in Jammu and Kashmir, Human Rights Watch has documented numerous failures to ensure protection of human rights. It has called for the repeal of laws such as the Jammu and Kashmir Disturbed Areas Act, the Armed Forces (Jammu and Kashmir) Special Powers Act and the Public Safety Act. These laws provide the armed forces with extraordinary powers to search, detain, and use lethal force, leading to numerous human rights violations. They also provide immunity for security forces. Prosecutions of security force personnel, even where the facts are well established, are rare. In the recent past, WikiLeaks have also pointed out the involvement of Indian Army in extrajudicial killings and other gross human rights violations in the Jammu and Kashmir. The related-cable has urged the US to secretly divert UN attention towards the genocide of innocent civilians at the hands of Indian forces. It seems that non-condemnation of these Indian acts of massive human rights violations by the so-called civilised international community has further encouraged New Delhi to step-up its brutalities on the armless Kashmiri masses. Indian authorities are not willing to talk with Kashmiri people on political grounds. India perhaps reached to a conclusion that only bullet is the right way of dealing with Kashmiris, demanding their right of self-determination. Surprisingly, Indian successive governments are trying to ignore the dynamics of the Kashmiris movement for the freedom from the Indian alien rule. Reliable sources suggest that India has partially withdrawn the draconian Armed Forces Special Powers Act (AFSPA) which was introduced in 1990. But it has only been amended in black and white, because in practice, it continues as Indian armed forces have totally failed in crushing the liberation movement of kashmiris with perennial wave of state terrorism. There can be no lasting political settlement in Kashmir unless human rights abuses that have fueled the ongoing uprising are addressed. Surprisingly, despite the assurances by New Delhi and Indian-puppet regime of the Kashmir so as to take punitive action against the concerned security personale with a view to stoping humanitarian crisis in the occupied areas, there has been no policy change in the repressive activities of Indian security forces as schocking brutalities and human rights violations in Kashmir continue unabated.

Nevertheless, the Indian government’s disregard for human rights in Jammu and Kashmir means that in practice, people reportedly died in custody and the whereabouts of the disappeared persons continue to be unknown. Therefore, more unmarked graves could be discovered from the Indian-held Kashmir in furture as with the help of local people, various human rights organisations and media are making strenous efforts in this matter.

Photo Feature: Children being humiliated publicly before their release by occupational forces

Sixteen Minors who were detained by occupational forces being humiliated publicly before their release

"Slumdog Soldiers"

I have been pondering how best to characterize the Indian occupation forces here. And then it dawned on me that calling them "Slumdog Soldiers" would best convey what Kashmiris truly feel about them. It is no secret what Kashmiris call the Indian soldiers and whisper to each other every time we see these criminals on our streets. But for benefit of keeping this blog free of name-calling and obscene terms, "Slumdog Soldiers" seems an appropriate term because it accurately portrays the irony that the occupation is.

Most Indian soldiers join the army straight out of India's slums. The movie, Slumdog Millionaire, accurately portrayed the miserable lives of India's slum dwellers and one can only imagine what kind of professionalism to expect once you hand these slumdog soldiers a rifle and ask them to patrol the streets of Kashmir.

I have mentioned it before and I will repeat it again that Indians need to get out of their self-imposed mental barrier and see that they are wasting their precious little resources on occupying a neighboring state when they can be using the same resources to feed their starving millions and truly develop their country so they dont become the laughing stock of the world again with similar movies that will be made in the future.

India recently launched an Israeli made satellite to monitor the Kashmir border with Pakistan. This satellite cost no less than a few hundred million dollars of Indian tax-payer money. What is more important to the illiterate, miserable, and unfortunate Indian slum-dwellers? Their hopes of getting that night's meal or that their government is spending the meagre resources of their nation in useless spending on military technology sold to them by the world's most racist and hated country? If anyone had any doubts the most racist hated country in the world is of course Israel

How long can they sustain this false rhetoric of "ATOOT ANG" politics and demonizing Pakistan to distract their gullible populace from real day-to-day issues like those portrayed in the Slumdog movie? All they have to do is grant Kashmiris freedom, and there will be peace in South-Asia the very next day. Israel will not be getting rich off the poor slum-dweller's lunch money.

ORIGINALLY PUBLISHED AT KASHMIR TRUTH BE TOLD BLOG AT APRIL 22, 2009