This communication from the UN Special Rapporteurs on Freedom of Expression, Freedom of Assembly, Freedom from Racial Discrimination and Freedom of Religion expresses concern regarding the elimination of Jammu and Kashmir’s special autonomy status under Article 370 of the Constitution of India and the implementation of the new Jammu and Kashmir Grant of Domicile Certificate (“Domicile Rules”) and other legislation in Indian administered Jammu and Kashmir. These changes may lead to a reduced level of political representation and participation of the native groups (Kashmiri, Dogri, Gojri, Pahari, Sikh, Ladhaki and other minorities), due to the abolishment of the regional government and its power to legislate. In addition, newly adopted legislation may cause demographic changes and risks undermining the linguistic and cultural rights and the freedom of religion or belief of the people of Jammu and Kashmir in the autonomous region which had been established in 1947 to guarantee their ethnic, linguistic and religious identities. Other concerns relating to the deterioration of the human rights situation in Jammu and Kashmir, including alleged ongoing human rights violations of India’s Kashmiri minorities, particularly Kashmiri Muslims.
Topics: minority rights in state of Jammu and Kashmir
Terms: violation of international human rights law, abrogation of Article 370A, local land rights, residency rights, Kashmiri Muslim, Dogri, Gojri, Pahari, Sikh, Ladakhi and other minorities, Human Rights Council resolutions 43/8, 43/4, 41/12, 43/46 and 40/10.
As it is our responsibility, under the mandates provided to us by the Human Rights Council, to seek to clarify all cases brought to our attention, we would be grateful for the observations of your Excellency’s Government on the following matters:
February 2021
Originally published