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Kashmir: India's 'draconian' blackout sets worrying precedent, warns UN Kashmir: India’s ‘draconian’ blackout sets worrying precedent, warns UN
(32 minutes later)
The unprecedented communications blackout imposed on Indian-administered Kashmir could signal a new departure in the way democratic states clamp down on information in contentious areas, the UN’s special rapporteur on freedom of expression has said. The unprecedented communications blackout imposed on Indian-administered Kashmir could signal a departure in the way democratic states clamp down on information in contentious areas, the UN’s special rapporteur on freedom of expression has said.
David Kaye said: “There’s something about this shutdown that is draconian in a way other shutdowns usually are not.”
The territory faces its fourth day in lockdown, imposed hours before the Indian government revoked Kashmir’s special status on Monday – stripping away the autonomy it was granted in exchange for joining the Indian union after independence in 1947. Delhi also said it would divide the state of Jammu and Kashmir in two.
How India’s Kashmir crackdown provoked fear for region’s futureHow India’s Kashmir crackdown provoked fear for region’s future
David Kaye said: “There’s something about this shutdown [in Kashmir] that is draconian in a way other shutdowns usually are not.” Before the announcement, thousands of extra troops were deployed to Kashmir, where the government is likely to face major opposition. An insurgency against Indian rule has been waged for decades, and tens of thousands of people have been killed in the conflict.
The territory faces its fourth day in lockdown, imposed hours before the Indian government revoked Kashmir’s special status on Monday – stripping away the autonomy it was granted in exchange for joining the Indian union after independence in 1947. It also said it would divide the state of Jammu and Kashmir in two.
Ahead of the announcement, thousands of extra troops were deployed to Kashmir, where the government is likely to face major opposition. An insurgency against Indian rule has been ongoing for decades, and tens of thousands of people have been killed in the conflict.
Despite a heavy security presence and strict curfew, protests have occurred.Despite a heavy security presence and strict curfew, protests have occurred.
Communications are often blocked in Indian-administered Kashmir, but the most recent clampdown is unprecedented in a time of relative peace. Unlike previous instances, landline phones and cable TV have been cut off. A strict curfew also means people are unable to leave their homes during the day, while only limited movement has been allowed at night.Communications are often blocked in Indian-administered Kashmir, but the most recent clampdown is unprecedented in a time of relative peace. Unlike previous instances, landline phones and cable TV have been cut off. A strict curfew also means people are unable to leave their homes during the day, while only limited movement has been allowed at night.
The region in the foothills of the Himalayas has been under dispute since India and Pakistan came into being in 1947.The region in the foothills of the Himalayas has been under dispute since India and Pakistan came into being in 1947.
Both claim it in full, but each controls a section of the territory, separated by one of the world's most heavily militarised borders: the 'line of control' based on a ceasefire border established after a 1947-48 war. China controls another part in the east. Both claim it in full, but each controls a section of the territory, separated by one of the world's most heavily militarised borders: the ‘line of control’ based on a ceasefire border established after a 1947-48 war. China controls another part in the east.
India and Pakistan have gone to war three times over Kashmir, most recently in 1999. Artillery, mortar and small arms fire are still frequently exchanged.India and Pakistan have gone to war three times over Kashmir, most recently in 1999. Artillery, mortar and small arms fire are still frequently exchanged.
After the partition of colonial India 71 years ago, small, semi-autonomous 'princely states' across the subcontinent were being folded into India or Pakistan. The ruler of Kashmir dithered over which to join,  until tribal fighters entered from Pakistan intent on taking the region for Islamabad. After the partition of colonial India in 1947, small, semi-autonomous ‘princely states’ across the subcontinent were being folded into India or Pakistan. The ruler of Kashmir dithered over which to join until tribal fighters entered from Pakistan intent on taking the region for Islamabad.
Kashmir asked Delhi for assistance, signing a treaty of accession in exchange for the intervention of Indian troops, who fought the Pakistanis to the modern-day line of control.Kashmir asked Delhi for assistance, signing a treaty of accession in exchange for the intervention of Indian troops, who fought the Pakistanis to the modern-day line of control.
In 1948, the UN security council called for a referendum in Kashmir to determine which country the region would join, or whether it would become an independent state. The referendum has never been held. In 1948, the UN security council called for a referendum in Kashmir to determine which country the region would join or whether it would become an independent state. The referendum has never been held.
In its 1950 constitution, India granted Kashmir a large measure of independence. But since then it has eroded some of that autonomy and repeatedly intervened to rig elections, and dismiss and jail democratically elected leaders. In its 1950 constitution, India granted Kashmir a large measure of independence. But since then it has eroded some of that autonomy and repeatedly intervened to rig elections and dismiss and jail democratically elected leaders.
Kashmir’s special status, given in exchange for joining the Indian Union, has been in place since May 14, 1954. Under Article 370, the state was given a separate constitution, a flag, and autonomy over all matters except for foreign affairs and defence.  Kashmir’s special status, given in exchange for joining the Indian union, has been in place since 14 May 1954. Under article 370, the state was given a separate constitution, a flag, and autonomy over all matters except for foreign affairs and defence. 
An additional provision, Article 35a, prevented people from outside the state buying land in the territory. Many Kashmiris believed this was crucial to protecting the demography of the Muslim-majority state, and its way of life. An additional provision, article 35a, prevented people from outside the state buying land in the territory. Many Kashmiris believed this was crucial to protecting the demography of the Muslim-majority state and its way of life.
The ruling Bharatiya Janata Party repeatedly promised to scrap such rules, a long-term demand of its Hindu-nationalist support base. But analysts warned doing so would almost certainly ignite unrest. The ruling Bharatiya Janata party repeatedly promised to scrap such rules, a long-term demand of its Hindu nationalist support base. But analysts warned doing so would almost certainly ignite unrest.
On Monday 5 August 2019, the government issued a presidential order to abolish Kashmir's special status. The government argued that the provision was only intended to be temporary and that scrapping it would boost investment in Kashmir. Critics, however, said the move would escalate tensions with Pakistan - which quickly called India’s actions illegal - and fuel resentment in Kashmir, where there is an insurgency against Indian rule. On Monday 5 August 2019, the government issued a presidential order to abolish Kashmir’s special status. The government argued that the provision was only intended to be temporary and that scrapping it would boost investment in Kashmir. Critics, however, said the move would escalate tensions with Pakistan – which quickly called India’s actions illegal – and fuel resentment in Kashmir, where there is an insurgency against Indian rule.
There has been an armed insurgency against Indian rule over its section of Kashmir for the past three decades. Indian soldiers and Pakistan-backed guerillas fought a war replete with accusations of torture, forced disappearances and extra-judicial killing. There has been an armed insurgency against Indian rule over its section of Kashmir for the past three decades. Indian soldiers and Pakistan-backed guerrillas fought a war rife with accusations of torture, forced disappearances and extra-judicial killing.
Until 2004, the militancy was made up largely of Pakistani and Afghan fighters. Since then, especially after protests were quashed with extreme force in 2016, locals have made up a growing share of the anti-India fighters.Until 2004, the militancy was made up largely of Pakistani and Afghan fighters. Since then, especially after protests were quashed with extreme force in 2016, locals have made up a growing share of the anti-India fighters.
For Indians, control of Kashmir – part of the country’s only Muslim-majority state – has been proof of its commitment to religious pluralism. For Pakistan, a state founded as a homeland for south Asian Muslims, it is the last occupied home of its co-religionists. Michael Safi and Rebecca RatcliffeFor Indians, control of Kashmir – part of the country’s only Muslim-majority state – has been proof of its commitment to religious pluralism. For Pakistan, a state founded as a homeland for south Asian Muslims, it is the last occupied home of its co-religionists. Michael Safi and Rebecca Ratcliffe
The restrictions have prevented people from calling for ambulances, accessing information or checking on family members. On Thursday, an opposition activist filed a petition in India’s top court challenging the security lockdown and communications block.The restrictions have prevented people from calling for ambulances, accessing information or checking on family members. On Thursday, an opposition activist filed a petition in India’s top court challenging the security lockdown and communications block.
On Wednesday, one man arriving at Delhi airport from Srinagar, Kashmir’s biggest city, described the state as being “like a prison”. Soayib Qureshi, a Delhi-based lawyer, who arrived on the same day, said he had been given a handwritten boarding pass to take the flight because systems were down.On Wednesday, one man arriving at Delhi airport from Srinagar, Kashmir’s biggest city, described the state as being “like a prison”. Soayib Qureshi, a Delhi-based lawyer, who arrived on the same day, said he had been given a handwritten boarding pass to take the flight because systems were down.
Globally, communication blackouts tend to be focused on internet or mobile phone coverage, said Kaye, who pointed to the suspension of internet access during the school exam period in countries such as Iraq, Ethiopia and Uganda, which governments said were an effort to stop cheating. Kaye said that, globally, communication blackouts tended to be focused on internet or mobile phone coverage. He pointed to the suspension of internet access during the school exam period in countries such as Iraq, Ethiopia and Uganda, which governments said were an effort to stop cheating.
The UN rapporteur for freedom of expression added: “I can’t say this hasn’t happened before – but I can’t recall a situation were there has been a total blackout of not only the two-way multi point communication systems that we are familiar with now – anything on the internet, WhatsApp etc – but also the one direction-communications like TV. The UN rapporteur for freedom of expression added: “I can’t say this hasn’t happened before – but I can’t recall a situation were there has been a total blackout of not only the two-way multi-point communication systems that we are familiar with now – anything on the internet, WhatsApp, etc – but also the one-direction communications like TV.
“That’s pretty extensive and one of my concerns would be – in part because this is happening in a democratic state – it could be seen as a new departure for many states that are thinking about how to clamp down on the flow of information.”“That’s pretty extensive and one of my concerns would be – in part because this is happening in a democratic state – it could be seen as a new departure for many states that are thinking about how to clamp down on the flow of information.”
He said It was very hard to identify a set of circumstances where a country shutting down access to the internet, especially for an extensive period of time, was legal under international law. He said it was hard to identify a set of circumstances where a country shutting down access to the internet, especially for an extensive period of time, was legal under international law.
A spokesperson for the UN office for human rights added: “We are deeply concerned that the latest restrictions in Indian-administered Kashmir will exacerbate the human rights situation in the region.”A spokesperson for the UN office for human rights added: “We are deeply concerned that the latest restrictions in Indian-administered Kashmir will exacerbate the human rights situation in the region.”
The US senator Bob Menendez and the US representative Eliot Engel, repesenting the US foreign affairs committee, said that “transparency and political participation are the cornerstones of democracy”, and that it hoped the Indian government abided by these principles. It also warned Pakistan against retaliatory aggression, after fierce rhetoric from the Pakistani prime minister, Imran Khan, over the revocation of Indian-administered Kashmir’s special status. The US senator Bob Menendez and the US representative Eliot Engel, representing the US foreign affairs committee, said that “transparency and political participation are the cornerstones of democracy”, and that the committee hoped the Indian government abided by these principles. It also warned Pakistan against retaliatory aggression, after fierce rhetoric from the Pakistani prime minister, Imran Khan, over the revocation of Indian-administered Kashmir’s special status.
Pakistan to expel Indian ambassador over Kashmir changesPakistan to expel Indian ambassador over Kashmir changes
On Wednesday, Pakistan announced it would expel the Indian ambassador and suspend trade. It came after remarks by Khan suggested India could carry out ethnic cleansing in Kashmir. He said: “They will try to remove the local people and bring in others and make them a majority, so that the locals become nothing but slaves.”On Wednesday, Pakistan announced it would expel the Indian ambassador and suspend trade. It came after remarks by Khan suggested India could carry out ethnic cleansing in Kashmir. He said: “They will try to remove the local people and bring in others and make them a majority, so that the locals become nothing but slaves.”
Indian-administered Kashmir has had special status since 1954, giving it a degree of autonomy including its own constitution, as well as rules that prevented people from outside the state buying land in the territory. Many Kashmiris believe this is crucial to protecting the demography and traditions of India’s only Muslim-majority state.Indian-administered Kashmir has had special status since 1954, giving it a degree of autonomy including its own constitution, as well as rules that prevented people from outside the state buying land in the territory. Many Kashmiris believe this is crucial to protecting the demography and traditions of India’s only Muslim-majority state.
New Delhi has insisted the ending of autonomy for the region is an internal matter. Delhi has insisted the ending of autonomy for the region is an internal matter.
Agence France-Presse contributed to this reportAgence France-Presse contributed to this report
KashmirKashmir
IndiaIndia
PakistanPakistan
South and Central AsiaSouth and Central Asia
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