Ajit Kumar Singh, S. Binodkumar Singh
INDIA
INDIA: J&K: Political Fiasco
Ajit Kumar Singh
Research Fellow, Institute for Conflict Management
On Oct 13, 2018, elections for the 3rd of the four-phase Municipal Elections 2018, were held inwards 96 wards spread across the State of Jammu together with Kashmir (J&K). The average polling per centum inwards this stage worked out to a sorry 16.4 per cent. Elections for the minute stage on Oct 10, 2018, held across 263 wards, recorded an average of 31.3 per cent poling. On Oct 10, 2018, elections for the foremost stage were held across 321 wards, amongst 56.6 per cent of voters participating. The State average after the completion of the 3rd stage of polls stands at 41.9 per cent.
The 4th stage of the polls are scheduled to live held on Oct 16, 2018. The engagement of counting is Oct 20, 2018.
Earlier, on September 15, 2018, the State Election Commission had announced the 4 stage Municipal Elections 2018 to live held across 1,145 wards of 79 Municipal Bodies. The lastly Municipal Elections inwards the terra firma were held inwards the twelvemonth 2005 through subway scheme ballot together with the term of the elected officials expired inwards Feb 2010.
In the electrical flow cycle, several Pakistan-backed terrorist formations had openly issued threats against participation inwards the polls. For instance, on Oct 1, 2018, a video of Lashkar-e-Toiba (LeT) ‘commander’ Suhaib Akhoon aka Romee surfaced on social media inwards Kashmir, inwards which he tin dismiss live seen issuing a threat to those who had filed their nominations for the municipal polls. He told candidates to withdraw their nomination forms inside 3 days, failing which they would confront dire consequences.
Significantly, however, no poll related violence has been recorded during the foremost 3 phases. Moreover, but about 3,372 candidates filed their nomination for 79 municipal Bodies. Influenza A virus subtype H5N1 total of 1,473 candidates filed their nominations for the foremost phase; some other 1,198 for the minute phase; 441 for the 3rd phase; together with 260 for the 4th phase. The poling per centum was appreciably high inwards Jammu Division, at an average of 68.4 per cent after 3 phases.
However, no nomination was filed for xiii wards inwards the Frisal Municipal Committee of Kulgam District (phase 1); together with for xiii wards inwards Khrew Municipal Committee of Pulwama District (phase 4), both falling inwards the Kashmir Division. Moreover, a total of 244 candidates were elected uncontested from 244 wards, 231 of which were from Kashmir Division. 78 candidates were elected uncontested inwards the foremost phase, 65 inwards the minute phase, 49 inwards the 3rd phase. 52 candidates have got already been declared elected without rival for polls scheduled to live held on Oct 16. The polling per centum inwards Kashmir Division was at a depression of but 6.7 per cent on the average after 3 phases.
Significantly, inwards the General elections of April-May 2014, when terrorist together with separatist formations had, given a telephone phone for boycott, the voter turnout was 31.18 per cent inwards the Kashmir Division, together with 49.52 per cent on the average for the State. In the State Assembly Elections after held inwards November-December 2014, when terrorist together with separatist formations had, again, given a telephone phone for boycott, the voter turnout was 56.50 per cent inwards the Kashmir Division, together with 65.52 per cent on the average for the State.
While violence or the threat of violence may, on foremost sight, live idea to live a principal induce for the depression voter turnout inwards the Kashmir division, such an assessment would non live consistent amongst the realities of the ground. Crucially, violence is non widespread across the Valley, together with is forthwith express to few specific pockets every bit has been highlighted yesteryear SAIR inwards the past. According to partial information compiled yesteryear the Southern Asia Terrorism Portal (SATP), inwards 2018, out of 82 tehsils inwards the State, fatalities were reported from entirely 35. Moreover, the 5 worst affected tehsils recorded 153 of the total of 316 fatalities (i.e. 48.42 per cent). Similarly, of 82 tehsils, incidents of rock pelting were reported from 28. The 5 worst affected tehsils recorded 170 incidents out of total 266 (63.90 per cent). In both the categories (fatalities together with rock peltings), the 5 worst-affected tehsils were inwards the Kashmir Division - Shopian, Pulwama, Srinagar South, Kupwara, together with Kulgam. The Kashmir Division has a total of 38 tehsils.
The most important argue for the depression voter turnout inwards the electrical flow municipal elections has been the political ineptitude of the Centre inwards pushing the election schedule forrard without attempting to ship Valley-based political parties along. The National Conference (NC) together with the People’s Democratic Party (PDP), which dominate the Valley, had announced their determination to boycott the elections, unless the Centre together with the State Government clarified their opinion on Articles 370 (autonomous condition of J&K) together with 35A (special rights together with privileges of ‘permanent residents’) of the Indian Constitution. The ii articles have got been a critical chemical element inwards the polarizing politics of the Bharatiya Janta Party (BJP), which holds might at the Centre. 35A is the bailiwick of ongoing litigation inwards the Supreme Court, together with each hearing provokes important political tremors inwards the Valley. The BJP has an insignificant presence across the Kashmir Division (all but i of its 34 candidates inwards the Valley lost their deposits inwards the Assembly elections of 2014). The other national party, the Indian National Congress (INC) has never been a forcefulness to reckon amongst together with has express reach.
In an interview published on September 24, 2018, sometime J&K Chief Minister Omar Abdullah observed,
It is the Centre that forced our manus to opt out of the elections yesteryear non making its stand upwardly clear on Article 35A... the PDP together with the NC have got 43 MLAs inwards the 87-member assembly. That agency one-half of the State’s legislative footprint is out of the fray.
On September 29, 2018, Sheikh Mustafa Kamal, Additional General Secretary of NC, had likewise noted,
Major mainstream regional parties are on the same page every bit far every bit participation inwards the elections are concerned. The lean participation of the candidates together with the non-participation of the major regional parties would evidence the whole exercise a farcical one.
Later on, Oct 13, 2018, Abdullah tweeted,
From the highest turnouts since 1987 inwards 2014 to the lowest turnouts ever recorded inwards 2018 why is the Modi Government able to larn away amongst its disastrous handing of Kashmir almost unquestioned?
The BJP-led Union Government, which had decided to deport the polls, went ahead amongst its determination together with made no genuine elbow grease to attain out to the major parties calling for a boycott, chosing, instead, to ignore the writing on the wall. On the other hand, it chose to launch a crusade of denigration against NC together with PDP, making several irresponsible statements. Ram Madhav, National General Secretary, BJP, hence alleged,
PDP together with NC workers are trying to scuttle the election procedure the same way the terrorists together with their over-ground workers are. We have got reports that inwards many places inwards the Valley where people become to file nominations every bit independents, they are beingness threatened yesteryear the workers of these parties.
While the entire procedure of Municipal Elections volition live over yesteryear Oct 27, the Panchayat (village grade local self-Government institution) elections are slated to follow soon. On September 16, the State Election Commission had announced a nine-phase schedule for Panchayat elections, kickoff Nov 17 together with ending Dec 11, amongst the entire election procedure to live completed yesteryear Dec 17.
It is imperative for the Centre to forthwith brand honest efforts to pick out NC together with PDP into the electoral process, to cement republic inwards the State together with undercut the sway of the separatist together with extremist constituencies. It is important that the lastly Panchayat elections inwards the State, held inwards April-June 2011, were immensely successful, amongst over 79 per cent of the electorate exercising their correct to vote. Though the Panchayats completed their term inwards July 2016, elections have got non been held purportedly on the grounds that the safety province of affairs inwards the terra firma remained fraught.
While at that topographic point has been an escalation inwards violence inwards J&K over the 2013-2018 period, elections the Municipal bodies’ elections have got been held virtually without incident and, despite the depression charge per unit of measurement of participation inwards the Valley, at that topographic point is no argue to believe that at that topographic point is no enthusiasm amid the people to engage inwards the democratic exercise. Polarizing politics together with growing mistrust of the Centre together with its intentions amongst regard to crucial issues that agitate Valley populations have, however, pushed both the population together with their representative political parties away from the electoral process. Unless this mistrust is addressed, the credibility of democratic processes inwards the State volition come upwardly nether question, creating widening grounds for farther alienation together with radicalization.
NEPAL
Hopes Belied
S. Binodkumar Singh
Research Associate, Institute for Conflict Management
On Oct 7, 2018, Prime Minister Khadga Prasad Sharma Oli at a mass launching ceremony inwards Kathmandu promised, “If someone had committed offense inwards the advert of Maoist War, together with then they volition live punished: at that topographic point volition live no amnesty for serious crimes. We are going to follow the international conventions nosotros have got signed.” Earlier, addressing the 73rd United Nations General Assembly (UNGA) inwards New York on September 27, 2018, Prime Minister Oli had observed
Nepal’s commitment to the protection together with advertisement of human rights is total together with unflinching. We grip that development, republic together with honor for human rights every bit interdependent together with mutually reinforcing. As a fellow member of the Human Rights Council, nosotros volition go on to play our constructive purpose to deliver on Council’s mandates. The ongoing transitional jurist procedure inwards Nepal respects the comprehensive peace accord every bit good every bit the Earth reality for sustaining peace together with delivering justice. We volition non allow impunity inwards serious violations of human rights together with humanitarian laws.
Notably, on Oct 5, 2018, the Ministry of Law, Justice together with Parliamentary Affairs came upwardly amongst a fresh ‘preliminary draft’ to ameliorate the Commission on Investigation of Disappeared Persons, Truth together with Reconciliation Act 2014 (TRC Act) inwards line amongst international standards. Earlier, the Draft Amendment Bill on the TRC Act tabled on June 28, 2018, was rejected yesteryear the conflict victims every bit the draft had proposed perpetrators would non larn amnesty inwards serious human rights violations, but could larn waiver inwards sentences every bit per the prevailing laws — upwardly to lx per cent if they did non let out the truth together with did non assist the court, but if they assisted the court, revealed the truth, apologized to the victims together with pledged non to commit such crimes again, they could larn waiver of penalization upwardly to 75 per cent.
The ii transitional jurist bodies – Truth together with Reconciliation Commission (TRC) together with the Commission of Investigation on Enforced Disappeared Persons (CIEDP), were formed on Feb 7, 2015, inwards the spirit of the Interim Constitution of 2007 together with the Comprehensive Peace Agreement (CPA) of 2006, to probe instances of serious violations of human rights together with determine the condition of those who disappeared inwards the class of the armed conflict betwixt the State together with the together with then Communist Party of Nepal-Maoist (CPN-Maoist), betwixt Feb 13, 1996, together with Nov 21, 2006. However, these bodies have got less than 5 months to the terminate of their extended tenure. As a outcome of their failure to attain their assigned tasks, their damage have got been extended twice, the latest i pushing the deadline to mid-February 2019. In the three-and-a-half years of its existence, TRC has completed preliminary investigation into hardly 2,800 cases amid the 63,000 filed, together with is yet to consummate a detailed probe into a unmarried case. The CIEDP, which received some 3,000 complaints, has completed preliminary investigation into some 500, but has failed to launch a unmarried detailed investigation.
The fact is, the ii transitional jurist bodies have got made piddling or no progress inwards investigating war-era cases of human rights violations, every bit the Government continues to delay the unloose of funds necessary for the process. TRC together with CIEDP have got received no coin for investigation despite their persistent lobbying for funds since the kickoff of the electrical flow financial year. This agency that both TRC together with CIEDP, amongst but about 5 months to investigate 63,000 together with 3,000 cases registered earlier them, respectively, have got piddling or no resources to consummate their mandate. Out of total NR 130 1000000 required yesteryear CIEDP, the Government has released NR twoscore 1000000 for staff salary, together with NR xxx 1000000 to pay experts together with contract officials. But officials say at that topographic point is no coin for travel, which is critical to the investigation of thousands of cases. The province of affairs at TRC is worse. The committee needed NR 117 1000000 for the electrical flow financial year, towards salary, move costs, together with a stipend for employees, every bit good every bit allowances for the victims who demand to move to TRC offices to tape their statements. The Government released but NR 37.70 1000000 from terra firma coffers inwards mid-July.
Following delays yesteryear the Government together with the transitional jurist bodies inwards providing jurist to conflict victims, a grouping of human rights activists on September 23, 2018, started consultations amongst political parties together with conflict victims to assort a mutual strategy for terminal investigations. The grouping held rounds of consultation amongst top leaders of major parties to discover mutual grounds to render jurist for the victims – a crucial element of the peace procedure that began inwards 2006. They likewise met amongst representatives of conflict victims on September 24, 2018, to seek their suggestions. Members of the grouping said at that topographic point has been a broad understanding that the TRC together with the CIEDP cannot consummate their tasks without the parities’ commitment.
Separately, annoyed yesteryear together with impatient at the delays of the transitional jurist bodies together with the federal Government, Bhagiram Chaudhari, President of the Conflict Victims Common Platform (CVCP), an umbrella torso of xiii organizations advocating jurist of war-era victims, on September 30, 2018, stated, “We have got consulted amongst unlike local governments together with they have got agreed to pick out initiatives for reparation. This would live a footstep forrard inwards consoling the victims who have got been completely ignored yesteryear the federal government.” Further, inwards a bid to pressure level the authorities, a grouping of rights activists led yesteryear Ram Kumar Bhandari on Oct 4, 2018, collected items belonging to over 100 disappeared persons for exhibition titled 'Memory, Truth together with Justice'. Family members have got preserved items of clothing, household implements, books, letters together with other asset of the disappeared. Meanwhile, on Oct 4, 2018, amid the failure of the federal Government to render reparation to the victims of Maoist insurgency, local Governments inwards the Bardiya District of Province No. 5 started naming local infrastructure after the deceased together with disappeared, together with paying honor to the victims’ families.
On Oct 8, 2018, urging the Government to come upwardly up amongst a police criminalizing conflict-era torture together with enforced disappearance, the National Network of the Families of the Disappeared together with Missing (NEFAD) Chairman Ram Kumar Bhandari observed, “There were unlike possibilities that the authorities could adopt to prosecute the state of war crimes. The authorities could either brand amendments to the laws of the TRC together with the CIEDP together with revamp the ii bodes yesteryear changing the leadership, or manus over the cases to the NHRC amongst a high-level political mechanism.”
Expressing concern over the provision of community service for state of war criminals involved inwards serious human rights violations, the National Human Rights Commission (NHRC) on August 8, 2018, suggested dropping the community service provision inwards the Transitional Justice Related Bill-2018. NHRC Secretary Bed Prasad Bhattarai stated, “Granting amnesty to rights abusers nether the pretext of community service is non inwards line amongst the norms of transitional justice. The international community volition non pick out such provision nor is the provision inwards accordance amongst the yesteryear Supreme Court verdicts.” Similarly, NHRC fellow member Sudip Pathak noted, “One found guilty inwards severe cases of human rights violations must live jailed. Only community service is non going to work. It volition live injustice to the victims if the perpetrators don’t fifty-fifty larn jail sentence.”
International human rights bodies likewise reiterated the concerns of the conflict victims inwards Nepal. Calling on authorities to pick out into work organisation human relationship concerns of all stakeholders together with to ensure that the amendments comply amongst international human rights together with international offense standards, Amnesty International (AI), the International Commission of Jurists (ICJ) together with TRIAL International on July 20, 2018, observed, “The legitimacy together with viability of the Government of Nepal’s draft ‘Bill to Amend the Act on Commission on Investigation of Disappeared Persons, Truth together with Reconciliation, 2014’ must live questioned due to the lack of a meaningful consultation process, together with serious shortcomings when evaluated against international police together with standards.” Meanwhile, the Office of the United Nations High Commissioner for Human Rights (OHCHR) inwards a contestation released on July 25, 2018, noted that the Commission of Investigation on Enforced Disappeared Persons together with Truth together with Reconciliation Commission Act Amendment Bill fails to fully adhere to global practices. Urging the Nepal Government to render information nearly missing persons, André Paquet, caput of the International Committee of the Red Cross (ICRC) mission inwards Nepal, stated, on August 28, 2018,
We strongly hope that the Commission on Investigation on Enforced Disappeared Persons together with the Truth together with Reconciliation Commission volition brand every elbow grease to give the victims together with the families some long-awaited answers. People have got the correct to know what has happened to their missing relatives. The ICRC reminds all the stakeholders, including the Government of Nepal, of their obligation to render information to the families.
Twelve years after the conflict ended, the victims of Nepal’s decade-long civil state of war are silent waiting for justice, answers, together with meaningful reparations. Even though the ii transitional jurist mechanisms have got begun documenting cases together with complaints, they have got been hampered yesteryear an inadequate police that does non run into international standards, every bit good every bit yesteryear a severe lack of capacity together with proper back upwardly from the Government. For justice, at that topographic point needs to live a robust machinery of investigation together with prosecutions, capable of ensuring the total cooperation of both parties to the conflict. Such a machinery must flora ascendency together with responsibility, together with position perpetrators of abuses that include torture, killings, disappearances, together with rape. Despite its failure, the victims go on to pivot their hopes on a jurist procedure through the transitional jurist mechanisms.
Weekly Fatalities: Major Conflicts inwards South Asia
October 8-14, 2018
Civilians
Security Force Personnel
Terrorists/Insurgents
Total
INDIA
Jammu together with Kashmir
1
1
2
4
INDIA (Left-Wing Extremism)
Chhattisgarh
1
0
2
3
Odisha
0
0
1
1
INDIA (Total)
2
1
5
8
PAKISTAN
KP
0
3
0
3
PAKISTAN (Total)
0
3
0
3
Provisional information compiled from English linguistic communication language media sources.
AFGHANISTAN
Government together with a number of unusual embassies inwards Kabul trying to engineer the upcoming parliamentary election results, says HIA ‘leader’ Gulbuddin Hekmatyar: Hizb-e-Islami Transitional Islamic State of Afghanistan (HIA) ‘leader’ Gulbuddin Hekmatyar said on Oct 12 that Government together with a number of embassies of unusual countries inwards Kabul were trying to engineer the upcoming parliamentary election results. Hekmatyar made the remarks inwards a coming together of a novel motion known every bit the Grand Assembly of National including National Islamic Front of Transitional Islamic State of Afghanistan (Mahaz-e Milli Islami Afghanistan), Afghan Millat Party, Musharekat-e-Milli Party, National Solidarity Movement of Afghanistan, the Jamiat Integration Council together with HIA amid other parties together with organizations. Tolo News, Oct 14, 2018.
Taliban to allow ICRC to resume its operations inwards Afghanistan: The Taliban have got allowed the International Committee of the Red Cross (ICRC) to resume its operations inwards Afghanistan. Pajhwok, Oct 13, 2018.
Taliban to ship out attacks against the election targets during the upcoming Parliamentary together with District Council Elections: Taliban militant grouping inwards Transitional Islamic State of Afghanistan has threatened to ship out attacks against the election targets during the upcoming parliamentary together with district council elections. “Those people who are trying to assist inwards holding this procedure successfully yesteryear providing safety should live targeted together with no rock should live left unturned for the prevention together with failure of this malicious American conspiracy,” the contestation added. The Parliamentary together with District Council Elections are scheduled to live held on Oct 20, 2018. Khaama Press, Oct 10, 2018.
INDIA
India shall go on to deter cross-border terrorism, says Defence Minister Nirmala Sitharaman: Addressing the Institute of Strategic Research (ISR) inwards Paris, France, India’s Defence Minister Nirmala Sitharaman has warned Islamic Republic of Pakistan that Republic of Republic of India shall go on to pick out steps to deter cross-border terrorism. As a responsible Nation, Republic of Republic of India have got ever exercised neat restraint inwards dealing amongst the cross-border terrorism together with have got likewise exercised measures to disrupt together with deter the activities of the terrorist groups together with volition go on to create so. Times of India, Oct 14, 2018.
Indian Coastline on high warning against possible terror laid on from LeT together with JeM, says report: On the footing of anonymity, the Counterterrorism officials inwards Republic of Republic of India has stated that the cargo ships together with fossil oil tankers yesteryear Pakistan-based terrorist outfits Lashkar-e-Taiba (LeT) together with Jaish-e-Mohammad (JeM) may laid on on India’s ports. Following the possibility, the Indian Navy together with the Indian Coastal Guard (ICG) are on warning to incorporate whatever terrorist laid on from bounding main route. The LeT operatives could hijack cargo ships or fossil oil tankers on high Seas together with and then laid on at the Indian ports or infiltrate every bit suicide attackers through Sea together with Inland H2O channels. Hindustan Times, Oct 12, 2018.
PAKISTAN
FATF slams Islamic Republic of Pakistan for failing to plug terror funding: Not impressed amongst Pakistan’s efforts to fighting terror financing, a delegation of the Financial Action Task Force (FATF) on Oct xi asked it to create to a greater extent than to strengthen its legal framework to avoid beingness blacklisted yesteryear the FATF. FATF’s Asia Pacific Group delegation was non impressed amongst the progress made yesteryear Islamic Republic of Pakistan so far every bit it found the legal framework insufficient, together with the institutional arrangements weak. Dawn, Oct 12, 2018.
SRI LANKA
Office for Reparations Bill passed inwards Sri Lanka's Parliament: The Office for Reparations Bill was passed inwards the Parliament amongst a unproblematic bulk vote on Oct 10. Prime Minister Ranil Wickremesinghe said, "The disappearances non entirely inwards the North but likewise inwards the South have got been reported. Reparations have got to live made, Steps should live taken to render relief to the victimized parties ". The Bill provides for the provision of private together with collective reparations for aggrieved persons who have got suffered violations of human rights or humanitarian law. Colombo Page , Oct 11, 2018.
Sri Lanka has made considerable progress on complying amongst UNHRC resolution adopted inwards Oct 2015, says Foreign Affairs Minister Tilak Marapana: Foreign Affairs Minister Tilak Marapana on Oct nine said Sri Lanka has made considerable progress on complying amongst the United Nations Human Rights Council (UNHRC) resolution 30/1 co-sponsored yesteryear the U.S.A. together with Sri Lanka together with adopted inwards Oct 2015. Minister Marapana said the establishment of the Office of Missing Persons (OMP), passing of the International Convention for the Protection of All Persons from Enforced Disappearance Act, tabling of Reparations Bill together with the Counter Terrorism Bill are the steps taken inwards the correct administration yesteryear Sri Lanka to fulfil her obligations. Daily Mirror, Oct 10, 2018.
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