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

Digital Authoritarianism in Indian-Administered Jammu and Kashmir (IAJK): Legal Analysis on the Culpability of Social Media Platforms and Guide to Accountability

This report addresses the role of U.S.-based social media companies in the digital occupation of Indian-Administered Jammu and Kashmir (IAJK). The first and second portions of this report provides background information on India’s digital authoritarianism and digital occupation of IAJK and the role of social media companies in aiding and abetting human rights violations in IAJK, as well as providing context for the role these same companies play in other countries. The third part of this report analyzes the legal obligations and oversight mechanisms to which these companies are subject. The fourth and final part of this report enumerates certain action items that human rights defenders and advocates might pursue to seek accountability for these companies’ violations and protect the freedom of expression of their users.

Topics: the rise of digital authoritarianism in IAJK and abroad, social media platforms violations in IAJK that contribute to digital authoritarianism, applicable legal obligations and responsibilities of the state and social media corporations, actions items and methods for human rights defenders

Terms: digital authoritarianism, suppression of free expression, hate speech, internet shutdowns, communications blackouts, surveillance, corporate complicity in human rights violations, Unlawful Activities Prevention Act (UAPA), Jammu and Kashmi Public Safety Act (PSA)

University of Virginia School of Law International Human Rights Law Clinic

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

November 2022

Digital Authoritarianism in Indian-Administered Jammu and Kashmir (IAJK): Legal Analysis on the Culpability of Social Media Platforms and Guide to Accountability

This report addresses the role of U.S.-based social media companies in the digital occupation of Indian-Administered Jammu and Kashmir (IAJK). The first and second portions of this report provides background information on India’s digital authoritarianism and digital occupation of IAJK and the role of social media companies in aiding and abetting human rights violations in IAJK, as well as providing context for the role these same companies play in other countries. The third part of this report analyzes the legal obligations and oversight mechanisms to which these companies are subject. The fourth and final part of this report enumerates certain action items that human rights defenders and advocates might pursue to seek accountability for these companies’ violations and protect the freedom of expression of their users.

Topics: the rise of digital authoritarianism in IAJK and abroad, social media platforms violations in IAJK that contribute to digital authoritarianism, applicable legal obligations and responsibilities of the state and social media corporations, actions items and methods for human rights defenders

Terms: digital authoritarianism, suppression of free expression, hate speech, internet shutdowns, communications blackouts, surveillance, corporate complicity in human rights violations, Unlawful Activities Prevention Act (UAPA), Jammu and Kashmi Public Safety Act (PSA)

University of Virginia School of Law International Human Rights Law Clinic

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

November 2022

Item 5: Interactive dialogue on the Secretary General's report on alleged reprisals against those who have cooperated with the United Nations

These remarks delivered by Ahmed Adam at the 51st regular session of the UN Human Rights Council address the detention of Kashmiri human rights defender Khurram Parvez and the harassment of members of the Jammu Kashmir Coalition of Civil Society.

Topics: reprisals against those who cooperate with the UN, Khurram Parvez, legitimacy of UN Human Rights Council

Terms: detention of Khurram Parvez, harassment of Jammu Kashmir Coalition of Civil Society (JKCCS), failure of international accountability

Asian Legal Resource Centre, FORUM-ASIA

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

September 2022

Item 5: Interactive dialogue on the Secretary General's report on alleged reprisals against those who have cooperated with the United Nations

These remarks delivered by Ahmed Adam at the 51st regular session of the UN Human Rights Council address the detention of Kashmiri human rights defender Khurram Parvez and the harassment of members of the Jammu Kashmir Coalition of Civil Society.

Topics: reprisals against those who cooperate with the UN, Khurram Parvez, legitimacy of UN Human Rights Council

Terms: detention of Khurram Parvez, harassment of Jammu Kashmir Coalition of Civil Society (JKCCS), failure of international accountability

Asian Legal Resource Centre, FORUM-ASIA

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

September 2022

Item 4: General Debate on Human Rights Situations that Require the Council's Attention

These remarks delivered by Ahmed Adam at the 51st regular session of the UN Human Rights Council addressthe deteriorating human rights situation in India and the assault on fundamental freedoms in IAJK.

Topics: rise of authoritarianism, systemic erosion of rule of law, abuse of counter-terrorism laws, assault on fundamental freedoms, promotion of hate and violence against minorities (especially Muslims)

Terms: Foreign Contribution Regulation Act (FCRA), violation of freedom of expression, violation of right to media, violation of right to peaceful assembly, association and movement, detention of human rights defender Khurram Parvez, detention of journalist Fahad Shah

FORUM-ASIA, ISHR, OMCT, CIVICUS

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

September 2022

Item 4: General Debate on Human Rights Situations that Require the Council's Attention

These remarks delivered by Ahmed Adam at the 51st regular session of the UN Human Rights Council addressthe deteriorating human rights situation in India and the assault on fundamental freedoms in IAJK.

Topics: rise of authoritarianism, systemic erosion of rule of law, abuse of counter-terrorism laws, assault on fundamental freedoms, promotion of hate and violence against minorities (especially Muslims)

Terms: Foreign Contribution Regulation Act (FCRA), violation of freedom of expression, violation of right to media, violation of right to peaceful assembly, association and movement, detention of human rights defender Khurram Parvez, detention of journalist Fahad Shah

FORUM-ASIA, ISHR, OMCT, CIVICUS

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

September 2022

"We Are Being Punished By The Law" Three Years of Abrogation of Article 370 in Jammu & Kashmir

This briefing summarizes the Indian government's intensification of repression since 5 August 2019, focusing on restrictions on rights to freedom of opinion and expression, to liberty and security of person, to movement, to privacy, and to remedy and access to justice and violations suffered by journalists and human rights defenders by subjecting them to multiple human rights violations.

Topics: assault on freedom of expression, interrogation, abuse of security laws, travel bans, closure of press club, arbitrary detention, unlawful killings, right to remedy and access to justice

Terms: denial of right to free expression, denial of right to freedom of opinion and belief, denial of right to life, extrajudicial killing, denial of right to free movement, denial of right to privacy, denial of access to justice, Article 370, legalized impunity, Media Policy 2020, Film Policy 2021, censorship, National Investigation Agency, Income Tax Department, 2022 closure of Kashmir Press Club, travel bans, Armed Forces Special Powers Act (AFSPA), police killings, police encounters, civillian killings, right to information, termination of State Human Rights Commission, violation of right to habeas corpus, Unlawful Activities Prevention Act (UAPA), Criminal Investigation Department (CID), State Investigation Agency (SIA), surveillance, profiling, police interrogations, 2021 arrest of Khurram Parvez, 2021 interrogation of Irfan Amin Malik, Public Safety Act (PSA)

Amnesty International

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

September 2022

"We Are Being Punished By The Law" Three Years of Abrogation of Article 370 in Jammu & Kashmir

This briefing summarizes the Indian government's intensification of repression since 5 August 2019, focusing on restrictions on rights to freedom of opinion and expression, to liberty and security of person, to movement, to privacy, and to remedy and access to justice and violations suffered by journalists and human rights defenders by subjecting them to multiple human rights violations.

Topics: assault on freedom of expression, interrogation, abuse of security laws, travel bans, closure of press club, arbitrary detention, unlawful killings, right to remedy and access to justice

Terms: denial of right to free expression, denial of right to freedom of opinion and belief, denial of right to life, extrajudicial killing, denial of right to free movement, denial of right to privacy, denial of access to justice, Article 370, legalized impunity, Media Policy 2020, Film Policy 2021, censorship, National Investigation Agency, Income Tax Department, 2022 closure of Kashmir Press Club, travel bans, Armed Forces Special Powers Act (AFSPA), police killings, police encounters, civillian killings, right to information, termination of State Human Rights Commission, violation of right to habeas corpus, Unlawful Activities Prevention Act (UAPA), Criminal Investigation Department (CID), State Investigation Agency (SIA), surveillance, profiling, police interrogations, 2021 arrest of Khurram Parvez, 2021 interrogation of Irfan Amin Malik, Public Safety Act (PSA)

Amnesty International

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

September 2022

The Impact of Internet Shutdowns on Human Rights Defenders in India

This report examines the relationship between internet shutdowns and challenges to the work of human rights defenders in India. The first case study looks to the 213-day shutdown in Jammu and Kashmir in 2019, then goes on to examine other shutdowns in India (particularly those put in place in response to public protests or unrest). The analysis for this report is based on desk with human rights defenders from across 11 states in India. Internet shutdowns have turned into an often-used tool that the government relies upon in order to silence dissent and limit the rights to freedom of press and expression under the guise of “maintaining law and order.”

Topics: background and context, legal framework for internet shutdowns, Jammu and Kashmir: India's longest internet shutdown, analyzing the trend of internet shutdowns during protests, impact of internet shutdowns on various HRDs, is a "sensible" internet shutdown policy possible?, conclusions and recommendations

Terms: internet shutdowns, violations of right to free expression, violations of right to free press, violations of access to justice

American Bar Association Center for Human Rights

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

July 2022

The Impact of Internet Shutdowns on Human Rights Defenders in India

This report examines the relationship between internet shutdowns and challenges to the work of human rights defenders in India. The first case study looks to the 213-day shutdown in Jammu and Kashmir in 2019, then goes on to examine other shutdowns in India (particularly those put in place in response to public protests or unrest). The analysis for this report is based on desk with human rights defenders from across 11 states in India. Internet shutdowns have turned into an often-used tool that the government relies upon in order to silence dissent and limit the rights to freedom of press and expression under the guise of “maintaining law and order.”

Topics: background and context, legal framework for internet shutdowns, Jammu and Kashmir: India's longest internet shutdown, analyzing the trend of internet shutdowns during protests, impact of internet shutdowns on various HRDs, is a "sensible" internet shutdown policy possible?, conclusions and recommendations

Terms: internet shutdowns, violations of right to free expression, violations of right to free press, violations of access to justice

American Bar Association Center for Human Rights

Posted to KLJP

November 23, 2023

Historical Reports

Originally published

July 2022