Dear Friends
Tiananmen Mothers and the Association of Parents of Disappeared Persons (APDP) are both members of the Asian Federation Against Involuntary Disappearances (AFAD), a federation of organizations concerned about the phenomenon of involuntary disappearances in China, India (Kashmir), Indonesia, Pakistan, Philippines, Sri Lanka and Thailand. They have started a hunger strike to press the Indian government on seeking justice and holding perpetrators accountable for the enforced disappearances in Kashmir since armed conflicts took place in the region in 1989.
We encourage you to take a few minutes to write to the Consul General of India in Hong Kong, Mr. Ashok K. Kantha, in support of the appeal by the APDP using the information supplied below (sample letter and address/email), and to sign the solidarity petition.
Thank you.
Urgent Appeals Desk
Asian Human Rights Commission
EMAIL FROM APDP:
Dear friends of NGO groups,
In Kashmir, families of the disappeared and members of Association of Parents of Disappeared Persons (APDP), are staging a hunger strike starting from last Thursday April 17 for pressing the Indian government on seeking justice and holding perpetrators accountable for enforced disappearances in Kashmir. Since armed conflicts took place in the region in 1989, more than 8,000 people have disappeared after their arrests by the law enforcing agencies, as according to AFDP.
We are members of Tiananmen Mothers Campaign group. Tiananmen Mothers are victims and families of victims of the June 4 massacre in Beijing in 1989. Tiananmen Mothers also shared the same cause with many counterparts in different parts of Asia, as well as APDP in Kashmir on seeking justice, pressing for a thorough investigation into the massacre and demanding to hold human rights perpetrators accountable without impunity.
APAD and Tiananmen Mothers are both members of Asian Federation Against Involuntary Disappearances (AFAD) concerning about enforced and involuntary disappearances in Asia. Other members include groups in Indonesia, Pakistan, Philippines, Sri Lanka and Thailand.
International solidarity campaigns have been crucial in supporting such civil campaigns against impunity. Support from people in international society means a great deal. We, Tiananmen Mothers Campaign group is asking our friends in Hong Kong to demonstrate your support for the families and relatives of the disappeared in Kashmir to join our petition to the Consul General on India in Hong Kong. The event would take place at 10am of April 23 (Wednesday) at the office of Indian Consul General (16 D, United Centre, 95 Queensway, Admiralty). We would submit our solidarity petition to Mr. Ashok K. Kantha, Consul General of India, Hong Kong.
We are sorry to give you short notice of the petition.
Attached please find more information including the appeal letter addressing to Mr. Ashok K. Kantha, Consul General of India, Hong Kong, the appeal of APDP and its hunger strike action, media report on the hunger strike.
You are welcome to endorse the appeal letter and send it to:
Consul General of India, Hong Kong
Mr. Ashok K. Kantha, Consul General of India
Tel. No. 2529 1289
Fax No. 2865 4617
E-mail cg@indianconsulate.org.hk
Association of Parents of Disappeared Persons
(APDP)
WHY THIS HUNGER STRIKE?
APDP, since its formation in 1994, has been campaigning against Enforced or Involuntary Disappearances (EID) in Jammu and the Kashmir State. The association from time to time highlighted the plight of EID, but the government remains indifferent to their problems. In the month of January, the association gave two months’ notice to the state government to consider their demands, but the government. has not yet responded . The association has now decided to go on hunger strike from 17-24 April in order to press for their demands.
Since 1989, when armed conflict started in Kashmir, more than 8,000 people have disappeared after they were arrest by law-enforcement agencies. The majority of them are non-combatant Kashmiris. Even the government has admitted to this phenomenon. The new Chief Minister of J&K, Mufti Muhammad Sayeed, (on February 25, 2003) unveiled what the security agencies had been doing during 2000, 2001 and 2002. Mufti informed the State Assembly in Jammu that “Three thousand seven hundred and forty four persons are missing in between 2000 to 2002. 1,553 persons got disappeared in 2000. 1586 went missing in 2001 and 605 in 2002”. Earlier, on July 18, 2002, the then Home Minister Khalid Najeeb Soharwardy of the erstwhile National Conference government had also admitted on the floor of the Legislative Assembly that 3,184 person were missing in the Valley since the inception of militancy. These figures are preliminary and one can guess the actual numbers of total disappearances, keeping in view the figures furnished by the government.
Since 1989, different regimes have taken over the reins. And, since 1986, although two civilian governments have been at the helm of your life, nothing on the ground has changed. The present government, which made human rights an election plank, promised people that human rights violations would be stopped at any cost and the perpetrators would be punished according to their Common Minimum Programme (CMP). Notwithstanding, the election rhetoric, the disappearances continue. Since 2nd November 2002, when the new government took over, there have been 26 cases of disappearances from different parts of the state, which have been brought to the notice of the state government. It is customary that every new government blames the previous government. (‘For Instance’, .for disappearances in the state and practically all the governments NOT have shown indifference, callousness, and helplessness under the prevailing circumstances to address the issue confronting more than two hundred thousands relatives of desaparecidos, although the politicians and bureaucrats informally have expressed serious concern over the alarming number of missing persons but have also express their helplessness in this behalf.
Way back in 1999, the home department issued a circular in continuation of Government. Order No. GON 723-GR-GAD of 1990 dated 10-07-1990 read with government. Order NO. 1073-GR of 1990 dated 19-11-1990 for constitution of the District-Screening-Cum- Coordination Committee in each district, which will recommend the cases of missing persons for payment of ex-gratia relief. The Committee along with other persons was to be comprised of the representatives of the very perpetrators (security forces). Since the issuance of the circular, this so-called District-Screening-Cum- Coordination Committee have seldom met. The association has no faith in this committee comprising the perpetrators.
In 2000, the Divisional Commissioner issued a public notice in local papers directing the relatives of the missing persons to approach the respective deputy commissioners along with the details of the missing persons. The relatives in thousands with lot of hope and expectations filed the details in the office of the respective Deputy Commissioners but till date, no body knows the fate of these petitions.
On the 30th of August 2000, the relatives commemorated the International Day of Disappeared, which was carried by the regional as well as national press. The National Human Rights Commission on press reporting took the suo moto cognizance of the matter and issued the notice to the state government and the Association of Parents of Disappeared Persons, for furnishing the details. The APDP complying the directions sent those details. Since then, nobody is aware of the progress, and it is presumed that the matter has been shelved.
The state judiciary meant to protect the life and liberty of the citizen and to enforce the guidelines laid on by Supreme Court of India has failed, seldom has any perpetrator been punished or booked under contempt for violating the guidelines. The exhaustive litigation has only given impression to the relatives that the institution is dysfunctional to redress their grievance or provide justice. Notwithstanding, the institutional failure, the relatives are relentlessly continuing their struggle by resorting to other measures like lobbying with the civil society groups, press etc.
In 2002, the association conducted a signature campaign in which thousands of relatives (though illiterate) signed the petition, which was later sent to International Human Rights institutions and organisations. This signature campaign was joined by the human rights group from different countries (European and Asian countries) also. Even a copy was forwarded to the authorities highlighting their demands.
The relatives are struggling on the individual as well as collective levels to know the fate of their beloved ones but the government is shying in acknowledging the plight of the relatives and to accept the demands of the Association made from time to time at different occasions. It seems that all the governments are helpless under the prevailing circumstances to address the problem, which they believe will demoralize the army.
Disappearance is a crime against humanity, according to the Rome Statute adopted on 17th of July 1998, and according to the International Criminal Court (ICC) the persons responsible for disappearances shall be personally responsible for violation of the International Humanitarian Law.
The relatives are observing this hunger strike as a mean to highlight their plight and in order to pressurize the government for;
(1). stopping the enforced disappearances in J&K so that other people should not undergo the similar plight and trauma they are facing.
(2). punishing the perpetrators responsible for enforced disappearances as under no law the disappearances could be an official act under any circumstances not even permissible in war times. It would only end if perpetrators are held personally responsible and seek no protection under the cover of impunity laws.
(3). appointment of the commission to probe into all enforced disappearances (as has been done in other countries) in J&K state, since 1989 and identify the state and non-state actors responsible for EID.
(4). providing justice to the relatives of the disappeared persons according to the international standards.
The Struggle for justice shall continue.
In Solidarity
Suggested Letter:
Letter of Appeal
April 23, 2003
Mr. Ashok K. Kantha
Consul General of India, Hong Kong
Indian Consul General Office, Hong Kong
16 D, United Centre,
95 Queensway
Hong Kong
Tel. No. 2529 1289
Fax No. 2865 4617
E-mail cg@indianconsulate.org.hk
Dear Mr. Ashok K. Kantha,
Warmest greetings!
Tiananmen Mothers Campaign Group concerns about the phenomenon of enforced or involuntary disappearances in Kashmir, where more than 8,000 people have disappeared since the armed conflict started in 1989 according to the Association of Parents of Disappeared Persons (APDP).
Tiananmen Mothers and APDP both a�re members of the Asian Federation Against Involuntary Disappearances (AFAD), a federation of organizations concerns the phenomenon of involuntary disappearances in China, India (Kashmir), Indonesia, Pakistan, Philippines, Sri Lanka and Thailand. We ve just recently attended the activities related to Item 11 on Civil and Political Rights of the 59th session of the United Nations Commission on Human Rights held in Geneva, Switzerland. During this occasion, we brought the phenomenon of involuntary disappearances in the disputed state of Jammu and Kashmir to the attention of the United Nations Working Group on Enforced or Involuntary Disappearances.
APDP is now staging a hunger strike to press the Indian government to resolve, once and for all, the ongoing problem of involuntary disappearances. According to APDP, Mufti Muhammad Sayeed, the new Chief Minister of the state Jammu and Kashmir, informed the State Assembly in Jammu that 3, 744 persons are missing between 2000 to 2002, 1,553 of whom disappeared in 2000, 1,586 disappeared in 2001 and 605 disappeared in 2002. These figures do not include a number of undocumented others.
Tiananmen Mothers Campaign wholeheartedly supports the families of the disappeared in Kashmir as they undergo their hunger strike to resist this difficult human rights situation in their area. Concretely, we support them in their demands to the Indian government to do the following: (1) to end disappearances; (2) to punish the perpetrators; (3) to appoint a commission to probe into all cases of involuntary disappearances in Jammu and Kashmir that happened since 1989 and (4) to provide justice to the families and relatives of the disappeared.
As concrete expressions of solidarity, member-organizations of AFAD are doing solidarity actions in their respective countries during the period of the hunger strike. We are in the same pain, in the same struggle, in the same hope.
Thus, we appeal to the Indian government, which adheres to the universality, indivisibility and interdependence of human rights, to listen to the suffering families of victims of enforced or involuntary disappearances in Kashmir.
Thank you for your kind attention.
Sincerely yours,
Tiananmen Mothers Campaign Group
– Justice and Peace Commission of the Hong Kong Catholic Diocese
– Hong Kong Alliance in Support of Patriotic Democratic Movements of China
Human Rights in China
Urgent Appeals Desk
Asian Human Rights Commission
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Please send a copy of your letter to AHRC Urgent Appeals:
Email: <ua@ahrchk.org>
Fax: +(852) – 26986367
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AHRC Urgent Appeals Programme
Asian Human Rights Commission
Unit D, 7th Floor, Mongkok Commercial Centre,
16 – 16B Argyle Street, Kowloon, HONGKONG
Tel: +(852) – 2698-6339
Fax: +(852) – 2698-6367
E-mail: ua@ahrchk.org
Please contact the AHRC Urgent Appeals Coordinator if you require
Further information or to make requests for further appeals.
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