Geneva is set to become the focus of global attention as it hosts the world’s first Congress on Enforced Disappearances in the coming days.
This landmark event, organized by the Convention Against Enforced Disappearances Initiative (CEDI), the UN Committee on Enforced Disappearances (CED), the Working Group on Enforced or Involuntary Disappearances (WGEID), and the Office of the United Nations High Commissioner for Human Rights (OHCHR), aims to galvanize international efforts to combat one of the most harrowing violations of human rights.
However, the glaring absence of voices like the Jammu and Kashmir Coalition of Civil Society (JKCCS) and the Association of Parents of Disappeared Persons (APDP) raises critical questions.
The JKCCS, led by Pervez Imroz, a distinguished lawyer and human rights activist, and APDP by Parveena Ahangar, a tireless campaigner, have been at the forefront of documenting and advocating against enforced disappearances.
Their meticulous work has chronicled the region’s grim realities, from unmarked mass graves to the systemic impunity enjoyed by state actors.
Despite their pivotal contributions to international human rights discourse, Imroz and Ahangar, like many other advocates, face severe restrictions on their mobility. Their passports have been confiscated, effectively silencing their voices on global platforms.
The JKCCS, co-led by Khurram Parvez, has produced robust documentation of atrocities, including investigative reports on mass graves that have garnered international attention. Parvez’s incarceration since November 2021 underscores the extent to which dissent is criminalized.
Similarly, under Ahangar’s leadership, the APDP has represented countless families of the disappeared, organizing monthly protests and ensuring that the issue remains in the public consciousness. Yet, these organizations, once vital conduits of information to the international community, are now effectively barred from participating in forums like the Geneva Congress.
The absence of these voices at such a landmark event reveals a troubling paradox. This exclusion not only diminishes the authenticity of the discourse but also underscores the failure of international mechanisms to ensure access and representation for marginalized communities.
Their work has received global recognition, with Parvez winning the Martin Ennals Award for Human Rights Defenders and Ahangar being nominated for the Nobel Peace Prize. Yet, their ability to advocate internationally is systematically curtailed.
Disappeared souls
Since the 1990s, enforced disappearances have been a defining feature of the conflict in Jammu and Kashmir. Over 8,000 individuals, predominantly men aged between 18 and 35, have been forcibly disappeared. These disappearances often involve state or state-sponsored actors detaining individuals without due process, frequently followed by torture, extrajudicial killings, and the disposal of bodies in unmarked graves.
The International People’s Tribunal on Human Rights and Justice in Jammu Kashmir (IPTK) uncovered 2,700 graves containing over 2,943 bodies in just three districts—Bandipora, Baramulla, and Kupwara. Many graves held multiple bodies, with 154 containing two bodies and 23 containing more than two.
Testimonies from survivors and witnesses highlight the brutality underlying these disappearances. Corpses were often delivered under the cover of night, bearing signs of torture and burns. Local gravediggers, coerced into burying the bodies, described the dehumanizing conditions under which these acts were carried out.
While the Indian state claims that these bodies belong to "foreign militants," local accounts and identification through clothing, distinguishing marks, and exhumation efforts suggest that many of the deceased were Kashmiri civilians.
Laws such as the Armed Forces Special Powers Act (AFSPA), 1958, and the Jammu and Kashmir Public Safety Act, 1978, grant sweeping powers to security forces, including the authority to detain individuals without trial. The AFSPA, in particular, provides immunity to military personnel from prosecution, effectively shielding perpetrators of enforced disappearances from accountability.
International law unequivocally condemns enforced disappearances. Article 7 of the Rome Statute of the International Criminal Court classifies enforced disappearances as a crime against humanity. The Geneva Conventions, to which India is a party, mandate the humane treatment of all individuals, including those detained in conflict zones.
Article 17 of the First Geneva Convention requires the proper burial of the deceased, while Article 121 of the Third Geneva Convention mandates official inquiries into deaths in custody. Despite these legal obligations, India has failed to adhere to international norms, as evidenced by the lack of transparent investigations or prosecutions related to mass graves and disappearances.
The consequences of enforced disappearances extend beyond the immediate victims. Families of the disappeared endure immense psychological, social, and economic hardships. Women, in particular, bear the brunt of this tragedy, often assuming the dual roles of caregiver and breadwinner while facing societal stigma as "half-widows."
An estimated 200,000 relatives of disappeared persons are actively seeking information about their missing loved ones, reflecting the profound human cost of this crisis. Enforced disappearances erode trust in state institutions, perpetuate cycles of violence, and deepen grievances among affected populations. This creates fertile ground for further radicalization and instability, undermining efforts to achieve peace and reconciliation in the region.
Global Precedents
The global community has addressed mass graves and enforced disappearances in other conflict zones through robust investigations and justice mechanisms. The Argentine Forensic Anthropology Team (EAAF), for example, has played a pivotal role in uncovering the truth about disappearances during Argentina’s military dictatorship.
Similarly, the International Commission on Missing Persons (ICMP) has investigated mass graves in Rwanda, Iraq, and the Balkans, supporting legal proceedings and truth commissions.
These precedents highlight the importance of forensic evidence, independent investigations, and international cooperation in addressing enforced disappearances. In the case of Jammu and Kashmir, similar measures could be adopted to ensure accountability and provide closure to victims’ families.
However, India’s refusal to allow international observers and forensic experts into the region poses a significant barrier to justice.
This inaugural Congress in Geneva, while a significant step forward, must not fall short of its purpose. The absence of Kashmiri voices serves as a stark reminder of the challenges inherent in pursuing justice for the disappeared.
For Congress to succeed, it must call for an independent commission to investigate mass graves and disappearances, urge the repeal of oppressive laws such as AFSPA and uphold the rights of those who speak for the disappeared. True justice demands such decisive and inclusive action.
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