Kashmir’s human rights struggle gains unexpected spotlight at UNHRC amid global conflicts

Kashmir’s human rights struggle gains unexpected spotlight at UNHRC amid global conflicts

In a world besieged by large-scale conflicts—from Gaza to Ukraine, Syria to Sudan—the 58th Session of the United Nations Human Rights Council (HRC) underscored the fragility of international law in the face of geopolitical power plays. Yet, amidst these crises, the protracted struggle for human rights in Kashmir unexpectedly found a voice. Despite India’s efforts to downplay the issue, UN High Commissioner for Human Rights Volker Türk’s critique of New Delhi’s policies marked a pivotal moment, reigniting global attention on Kashmir’s unresolved plight.
Altaf Hussain Wani

High Commissioner’s critique and India’s defiance in his global update Türk highlighted India’s “repressive laws” stifling freedoms of expression and opinion, explicitly referencing Kashmir’s “dire human rights situation.” This rare censure from the HRC’s highest office surprised observers, given India’s strategic influence and the Council’s historical reluctance to confront major powers. Türk’s remarks echoed the OHCHR’s 2018 and 2019 reports, which documented widespread abuses in Jammu and Kashmir, including arbitrary detentions and excessive use of force.

India’s response was swift and combative
India’s Permanent Representative to the UN dismissed Türk’s concerns as “biased” and “unsubstantiated,” mirroring its reaction to prior UN critiques. “India cannot be held accountable by selective morality,” asserted the Indian permanent representative, accusing the High Commissioner of overstepping its mandate. This defiance reflects New Delhi’s long-standing stance that Kashmir is an internal matter, despite UN Security Council resolutions (e.g., Resolution 47, 1948) calling for a plebiscite to determine the region’s political future.

Kashmiri Delegation’s Diplomatic Push
The Kashmiri delegation amplified its advocacy through meticulously prepared literature, including the landmark report “Kashmir: 35 Years of Turmoil – India’s Abysmal Human Rights Record.” This comprehensive dossier chronicled systemic rights violations since 1989, from enforced disappearances to mass graves, and underscored India’s use of draconian laws like the Armed Forces Special Powers Act (AFSPA) to suppress dissent. Complementing this was the delegation’s September–December 2024 Human Rights Report, which provided granular updates on recent crackdowns, including arbitrary detentions of journalists and activists, and the militarization of civilian spaces.

Crucially, the delegation also disseminated two counter-narrative reports: “Development and Dignity: Success Stories from Azad Kashmir” and “Refugees of 1989: Resilience in Azad Kashmir.” These documents dismantled Indian claims and misinformation about” Azad Kashmir by spotlighting its socio-economic progress, refugee rehabilitation programs, and the integration of Kashmiri migrants displaced by conflict. Diplomats and INGO representatives praised the reports for their rigour, with one European delegate noting they “exposed the hollowness of India’s misinformation about Azad Kashmir.” In addition, members of the delegation, through their oral statements, not only highlighted the concerns regarding human rights abuses but also reminded the council members and the international community of their promises to the people of Kashmir to determine their political status and exercise their right to self-determination.

Engagements with UN Mechanisms
The literature proved instrumental in the delegation’s engagements with over a dozen UN Special Rapporteurs (SRs). During briefings, SRs were provided with evidence of India’s non-cooperation with UN requests, including its refusal to permit country visits—a pattern condemned by Human Rights Watch as “obstructionist.” The SR on Minority Issues highlighted the demographic engineering underway in Indian-administered Kashmir, citing India’s 2019 domicile laws as violations of the Fourth Geneva Convention.

Side Events

Beyond formal sessions, the delegation organised four side events, using their reports as foundational texts:
1.“Human Rights to a Healthy Environment”: The 35 Years of Turmoil report informed discussions on India’s militarised environmental degradation, including deforestation and water resource exploitation.
2.“Mental Health in Conflicts”: Data from the 2024 report revealed that 68% of Kashmiris suffer from conflict-related anxiety, per local health surveys.
3.“Demographic Shifts and International Law”: Experts cited India’s settler-colonial policies, comparing them to annexation tactics in occupied territories.
4.“Digital Rights”: The delegation linked internet shutdowns in Kashmir to India’s “digital authoritarianism,” referencing the 2024 report’s documentation of 47 blackouts in 2023 alone.
These events drew diplomats, legal experts, and NGOs, fostering dialogue often stifled in the Security Council. The Azad Kashmir development and refugee reports, in particular, challenged narratives of regional instability, with one INGO official stating they “redefined the discourse on Kashmir’s humanitarian realities.”

Protest and Symbolic Solidarity
A poignant protest outside the UN’s Geneva office featured Kashmiri flags and testimonies from conflict survivors. Delegation members distributed excerpts from their reports to bystanders and media, emphasizing Kashmir’s right to self-determination. The protest, though small, embodied what scholar Angana Chatterji calls “resistance against erasure.”
Conclusion: A Path Forward?

The HRC session revealed a paradox: even as great-power politics paralyse the UN, grassroots advocacy can pierce the silence. Türk’s remarks, coupled with the Kashmiri delegation’s data-driven advocacy, signalled that Kashmir’s struggle cannot be wholly ignored. Yet, without enforcement mechanisms, rhetoric risks remaining just that—empty words.

For Kashmiris, the session offered validation. “We’re reminding the world that international law isn’t optional,” said a delegate. The delegation’s reports, now circulating within UN corridors, have laid bare India’s contradictions—its democratic pretensions versus its authoritarian practices. As India doubles down on its Hindutva agenda, the urgency for actionable accountability—whether through ICC referrals or targeted sanctions—grows. The road ahead is fraught, but as the 58th HRC session proved, Kashmir’s voice persists, resilient and unyielding.

The writer is the Chairman Kashmir Institute of International Relations, Coordinates Kashmir Geneva Advocacy and can be reached: saleeemwani@hitmail.com and on X. @sultan1913
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