Third-party content reporting violations of international law in Indian-Administered Jammu and Kashmir.

Weaponizing Counterterrorism: India’s exploitation of terrorism financing assessments to target the civil society

This report describes how the Indian government has weaponized counter-terrorism and money laundering laws to target civil society organisations and human rights defenders with a focus on the Foreign Contribution (Regulation) Act, Unlawful Activities(Prevention) Act and Prevention of Money Laundering Act and highlights emblematic cases of the crackdown suffered by journalists, academics, human rights activists, and students, including Kashmiri human rights defenders and the Jammu Kashmir Coalition of Civil Society.

Topics: Financial Action Task Force (FATF) processes, Foreign Contribution (Regulation) Act (FCRA), Unlawful Activities(Prevention) Act (UAPA) and Prevention of Money Laundering Act (PMLA), conclusion, recommendations

Terms: abuse of law, lawfare, disinformation, denial of right to freedom of association, denial of right to freedom of expression, FCRA, UAPA, PMLA

Amnesty International

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

September 2023

Weaponizing Counterterrorism: India’s exploitation of terrorism financing assessments to target the civil society

This report describes how the Indian government has weaponized counter-terrorism and money laundering laws to target civil society organisations and human rights defenders with a focus on the Foreign Contribution (Regulation) Act, Unlawful Activities(Prevention) Act and Prevention of Money Laundering Act and highlights emblematic cases of the crackdown suffered by journalists, academics, human rights activists, and students, including Kashmiri human rights defenders and the Jammu Kashmir Coalition of Civil Society.

Topics: Financial Action Task Force (FATF) processes, Foreign Contribution (Regulation) Act (FCRA), Unlawful Activities(Prevention) Act (UAPA) and Prevention of Money Laundering Act (PMLA), conclusion, recommendations

Terms: abuse of law, lawfare, disinformation, denial of right to freedom of association, denial of right to freedom of expression, FCRA, UAPA, PMLA

Amnesty International

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

September 2023

Communication of UN special rapporteurs and working group August 8 2023

This communication from the UN Special Rapporteurs on promotion and protection of human rights and fundamental freedoms while countering terrorism the situation of human rights defenders, promotion and protection of freedom of opinion and expression, peaceful assembly and association and the situation of human rights defenders and the UN Working Group on Arbitrary Detention analyzes the counter-terrorism framework in Jammu & Kashmir—including relevant provisions of the Unlawful Activities Prevention Act, Public Safety Act, National Security Act, Code of Criminal Procedure, Penal Code, and Foreign Contribution Regulation Act—and highlights its ripeness for human rights abuse.

Topics: counter-terrorism legislative and regulatory framwork in Jammu & Kashmir

Terms: Unlawful Activities (Prevention) Act (UAPA), Public Safety Act (PSA), National Security Act, Code of Criminal Procedure, Penal Code, and Foreign Contribution Regulation Act (FCRA), abuse of counter-terror laws, reprisals

UN Special Rapporteurs and Working Group

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

August 2023

Communication of UN special rapporteurs and working group August 8 2023

This communication from the UN Special Rapporteurs on promotion and protection of human rights and fundamental freedoms while countering terrorism the situation of human rights defenders, promotion and protection of freedom of opinion and expression, peaceful assembly and association and the situation of human rights defenders and the UN Working Group on Arbitrary Detention analyzes the counter-terrorism framework in Jammu & Kashmir—including relevant provisions of the Unlawful Activities Prevention Act, Public Safety Act, National Security Act, Code of Criminal Procedure, Penal Code, and Foreign Contribution Regulation Act—and highlights its ripeness for human rights abuse.

Topics: counter-terrorism legislative and regulatory framwork in Jammu & Kashmir

Terms: Unlawful Activities (Prevention) Act (UAPA), Public Safety Act (PSA), National Security Act, Code of Criminal Procedure, Penal Code, and Foreign Contribution Regulation Act (FCRA), abuse of counter-terror laws, reprisals

UN Special Rapporteurs and Working Group

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

August 2023

January - June 2023 Human Rights Situation in Indian Occupied Jammu & Kashmir

This report is based on the primary and secondary source of information collected by team of Legal Forum for Kashmir, including official sources, media sources, NGO reporting and primary reports from victim families. Between January and June 2023, at least 113 cordon and search operations, 126 killings, 91 incidents of property destruction, 109 internet shutdowns and 5,392 arrests were reported.

Topics: human rights violations, heightened militarization, freedom of expression, association, assembly and free movement, the NIA's disturbing tactics, land grabbing, enforced disappearances, ceasefire violations, list of civilians killed, list of Indian forces killed, list of freedom fighters killed, list of individuals detained

Terms: a narrative to win hearts of kashmiris, instances of atrocity crimes, G20 tourism working group meeting, religious freedom, arbitrary detention, Public Safety Act (PSA), Unlawful Activities (Prevention) Act (UAPA), silencing dissent, suppression of expression, raids, arrests and residential properties attached, expropriation of property, destruction fo property, NIA seeking death sentence for Yasin Malik

Legal Forum for Kashmir - LFK

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

July 2023

January - June 2023 Human Rights Situation in Indian Occupied Jammu & Kashmir

This report is based on the primary and secondary source of information collected by team of Legal Forum for Kashmir, including official sources, media sources, NGO reporting and primary reports from victim families. Between January and June 2023, at least 113 cordon and search operations, 126 killings, 91 incidents of property destruction, 109 internet shutdowns and 5,392 arrests were reported.

Topics: human rights violations, heightened militarization, freedom of expression, association, assembly and free movement, the NIA's disturbing tactics, land grabbing, enforced disappearances, ceasefire violations, list of civilians killed, list of Indian forces killed, list of freedom fighters killed, list of individuals detained

Terms: a narrative to win hearts of kashmiris, instances of atrocity crimes, G20 tourism working group meeting, religious freedom, arbitrary detention, Public Safety Act (PSA), Unlawful Activities (Prevention) Act (UAPA), silencing dissent, suppression of expression, raids, arrests and residential properties attached, expropriation of property, destruction fo property, NIA seeking death sentence for Yasin Malik

Legal Forum for Kashmir - LFK

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

July 2023

“No Internet Means No Work, No Pay, No Food” Internet Shutdowns Deny Access to Basic Rights in “Digital India”

This report documents how internet shutdowns in India and IAJK disproportionately harm millions of people living with poverty and social marginalization who depend on state welfare schemes, denying them access to basic rights and entitlements guaranteed under the Indian constitution and international human rights law. The report finds that the decisions by authorities at both central and state levels to disrupt internet access are often erratic, wholly unnecessary and disproportionate in violation of international legal standards.

Topics: lack of official data, digital India, legal provisions allowing internet suspension, impact of internet shutdowns on human rights, Jammu and Kashmir: India's longest internet blackout, impact on government's social protection measures, arbitrary internet shutdowns, India's obligations under international law, recommendations, list of internet shutdowns in India

Terms: Indian Telegraph Act, Section 144, New Telecom Bill, Anuradha Bhasin v. Union of India, denial of right to free expression, denial of righg to free assembly, violation fo media freedom, denial of access to education, denial of right to health, denial of right to livelihood

Human Rights Watch, Internet Freedom Foundation

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

June 2023

“No Internet Means No Work, No Pay, No Food” Internet Shutdowns Deny Access to Basic Rights in “Digital India”

This report documents how internet shutdowns in India and IAJK disproportionately harm millions of people living with poverty and social marginalization who depend on state welfare schemes, denying them access to basic rights and entitlements guaranteed under the Indian constitution and international human rights law. The report finds that the decisions by authorities at both central and state levels to disrupt internet access are often erratic, wholly unnecessary and disproportionate in violation of international legal standards.

Topics: lack of official data, digital India, legal provisions allowing internet suspension, impact of internet shutdowns on human rights, Jammu and Kashmir: India's longest internet blackout, impact on government's social protection measures, arbitrary internet shutdowns, India's obligations under international law, recommendations, list of internet shutdowns in India

Terms: Indian Telegraph Act, Section 144, New Telecom Bill, Anuradha Bhasin v. Union of India, denial of right to free expression, denial of righg to free assembly, violation fo media freedom, denial of access to education, denial of right to health, denial of right to livelihood

Human Rights Watch, Internet Freedom Foundation

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

June 2023

Opinion No. 8/2023 concerning Khurram Parvez (India)

This opinion from the UN Working Group on Arbitrary Detention finds that Khurram Parvez is arbitrarily detained and that his deprivation of liberty is in contravention of articles 2, 7, 9, 11, 19 and 20 of the Universal Declaration of Human Rights and 2, 9, 14, 15, 19, 22 and 26 of the International Covenant on Civil and Political Rights, is arbitrary and falls within categories I, II, III and V, requests the Government of India to take the steps necessary to remedy the situation of Mr. Parvez without delay, release Mr. Parvez immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.

Topics: arbitrary detention, Khurram Parvez

Terms: Unlawful Activities (Prevention) Act, violation of freedom of opinion, expression and association, violation of  right to the presumption of innocence and the right against self-incrimination, violations of due process and fair trial rights, reprisals, discrimination based on political or other views

UN Working Group on Arbitrary Detention

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

June 2023

Opinion No. 8/2023 concerning Khurram Parvez (India)

This opinion from the UN Working Group on Arbitrary Detention finds that Khurram Parvez is arbitrarily detained and that his deprivation of liberty is in contravention of articles 2, 7, 9, 11, 19 and 20 of the Universal Declaration of Human Rights and 2, 9, 14, 15, 19, 22 and 26 of the International Covenant on Civil and Political Rights, is arbitrary and falls within categories I, II, III and V, requests the Government of India to take the steps necessary to remedy the situation of Mr. Parvez without delay, release Mr. Parvez immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.

Topics: arbitrary detention, Khurram Parvez

Terms: Unlawful Activities (Prevention) Act, violation of freedom of opinion, expression and association, violation of  right to the presumption of innocence and the right against self-incrimination, violations of due process and fair trial rights, reprisals, discrimination based on political or other views

UN Working Group on Arbitrary Detention

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

June 2023