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Canada’s Complicity in Suppressing Palestinian Resistance: A Critical Examination

12/30/2024

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Tazeen Hasan 

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Many Canadians remain unaware of a troubling aspect of Canada’s foreign policy—its provision of training and support to the Palestinian Authority (PA) police in the occupied West Bank. While Canada publicly condemns Israel’s occupation of Palestinian territories, including East Jerusalem and the West Bank, its actions tell a different story. Through its aid to the PA police, Canada is effectively facilitating the suppression of Palestinian resistance to Israel’s illegal occupation. This complicity in the suppression of Palestinian voices raises serious questions about Canada’s commitment to its own stated principles of international law and human rights. In this blog, we will critically examine Canada’s role in supporting the Palestinian Authority’s security forces and explore the contradictions inherent in its actions.

Canada’s provision of aid and training to the Palestinian Authority (PA) police in the occupied West Bank, particularly in areas like Jenin, undermines its own stated position on international law and human rights. While the Government of Canada recognizes Israeli rule and occupation in East Jerusalem, the West Bank, and the Golan Heights as illegal, its actions fail to align with this principled stance. Instead, by equipping and training PA forces that act as a proxy for Israel in suppressing Palestinian resistance to occupation, Canada is indirectly supporting the entrenchment of Israeli colonial policies.

Under international law, Israel’s occupation of the West Bank is a violation of the Fourth Geneva Convention, and its continued settlement expansion constitutes a war crime under the Rome Statute of the International Criminal Court. Canada has acknowledged these violations on platforms such as the United Nations, recently reaffirming its condemnation of illegal settlements. Moreover, Canada has sanctioned a handful of Israeli settlers involved in violence against Palestinians, signaling an awareness of the gravity of the situation. However, these actions, though symbolically significant, fall far short of addressing the systemic injustices and policies driving Israeli expansionism and apartheid practices.

The Canadian government’s actions betray a troubling inconsistency. While sanctioning a few rogue settlers, Ottawa ignores the incendiary rhetoric and policies of Israeli ministers and senior officials, such as Finance Minister Bezalel Smotrich, who openly advocate for full annexation of the West Bank and support settler violence. By failing to sanction these high-ranking officials or hold the Israeli government accountable for enabling settler violence and expanding illegal settlements, Canada’s response appears superficial—an attempt to maintain a veneer of moral responsibility while avoiding substantive action.

This inconsistency is further compounded by Canada’s financial and logistical support for PA security forces. The PA police, often described as collaborators by the Palestinian public, operate under the framework of the Oslo Accords, enforcing Israel’s security interests by suppressing resistance against the occupation. Through this partnership, Canada is effectively complicit in maintaining the occupation it claims to oppose. Instead of supporting the Palestinian people’s right to self-determination, Canada is reinforcing a structure that silences legitimate resistance and perpetuates Israeli dominance in the West Bank.

If Canada is serious about its commitment to international law and human rights, it must adopt a coherent and principled approach. This means:
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  1. Halting Support for PA Security Forces: Aid and training to PA police must end unless the PA demonstrates its independence from Israeli security policies.
  2. Sanctioning Israeli Officials: Beyond targeting individual settlers, Canada must impose sanctions on Israeli government officials and entities actively involved in expanding settlements, annexation rhetoric, and supporting settler violence.
  3. Demanding Accountability at International Forums: Canada must leverage its influence at the United Nations and other international bodies to push for investigations into Israel’s violations of international law, including settlement expansion and systemic violence against Palestinians.
  4. Reevaluating Diplomatic Relations: Canada must critically assess its bilateral relations with Israel to ensure that they are not enabling human rights violations and breaches of international law.

By failing to take meaningful action against Israel’s occupation policies and, worse, indirectly supporting them through aid to the PA police, Canada is undermining its credibility as a defender of human rights and international law. To stand on the right side of history, Canada must align its actions with its principles and play a constructive role in advancing a just resolution to the Palestinian-Israeli conflict—one rooted in the end of occupation, respect for international law, and genuine support for Palestinian self-determination.

Tazeen Hasan is a seasoned human rights policy analyst and Advocacy Manager for Western Canada at Justice For All Canada. With extensive journalism experience spanning the Middle East, South Asia, and North America, she has also contributed chapters to two books published in Canada. In 2020, she was honored with the Harvard Spotlight Award for her groundbreaking research on the Uyghur genocide. A frequent speaker at United Nations forums in Geneva and New York, Tazeen reported from Jenin, Palestine, amidst the ongoing Gaza genocide in December 2023.
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Standing Together: Building Indigenous-Muslim Solidarity on Turtle Island (Research Paper)

11/6/2024

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By Justice For All Canada’s Editorial Team 
Justice For All Canada is spotlighting this unique publication for its in-depth illustration on how marginalized groups facing issues like Indigenous land displacement and Islamophobia can come together by building alliances that are rooted in justice.
In her article entitled "Standing with Each Other: Indigenous-Muslim Relation-Making on Turtle Island," author Memona Hossain offers a thoughtful exploration of solidarity between Indigenous and Muslim communities across Canada. 
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According to the article, these communities are bridging their unique histories of resilience and resistance to colonial systems. For instance, the Indigenous pursuit of sovereignty and the Muslim struggle against Islamophobia intersect deeply through shared histories of dispossession, marginalization, and resilience. Through this connection, both communities can navigate their respective identity, resist colonial structures, and advocate for justice. This helps them manifest powerful relationship-building and allyship in the face of systemic inequities. 

Moving beyond documenting the challenges each group faces, this study aptly highlights the active ways these communities stand together by supporting each other's rights and dignity.

If you’re an advocate of human rights and community-driven allyship, this article presents a powerful resource for the transformative potential of solidarity work on Turtle Island. We encourage you to access this wonderful analysis on how Indigenous and Muslim communities are uniting for justice. Read the full paper here.
Memona Hossain is a PhD Candidate in ecopsychology and has been a lecturer at the School of Environment, University of Toronto. Hossain serves on the Board of Directors for the Muslim Association of Canada, Faith & the Common Good, and the Willow Park Ecology Centre, is an advisor & content contributor for Faithfully Sustainable, and has launched the Islam & Earth project.

The Religions and Social Sciences Journal (RSS Journal) is a Canadian open-access academic journal dedicated to interdisciplinary studies at the intersection of religion, social sciences, and cultural studies. Access the journal here. We thank the RSS Journal for publishing this important piece. ​
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The September 17 UN Resolution: A Turning Point in the Fight Against Israeli Occupation

10/16/2024

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On September 17, 2024, the United Nations General Assembly (UNGA) passed a resolution, overwhelmingly demanding that Israel “end its unlawful presence” in the Occupied Palestinian Territories. More than just a symbolic rebuke, the resolution calls for concrete action, including sanctions against Israel and a prohibition on any member state from engaging in activities that sustain Israel's presence in the West Bank and Gaza. This bold stance marks a significant shift in how the international community is addressing Israel’s decades-long occupation, drawing concern from Israel and its allies, particularly the United States.

A Step Beyond Symbolism

UNGA resolutions are often dismissed as toothless, unenforceable statements without the force of international law. Critics may ask: does this resolution bring any tangible change? The answer lies in the evolution of global attitudes toward Israel’s occupation. While past resolutions have condemned Israel’s actions, this one goes further by making a specific call for action. It demands that member states actively sanction Israel for its violations of international law, a clear departure from the more passive language of previous resolutions.

According to Mondoweiss, this resolution, while not enforceable, "adds another log to the growing fire of anger toward Israel." It directly challenges the status quo, placing moral and political pressure on nations that have normalized relations with Israel or are otherwise hesitant to criticize it.

Why This Resolution Matters

The significance of this resolution lies in the breadth of its support and the specific actions it demands. 124 countries, including major powers like France, China, and Russia, as well as regional players such as Egypt, Jordan, and Morocco, voted in favor of the resolution. These nations, many of which have normalized relations with Israel, are now publicly endorsing a call for sanctions.

This broad coalition sends a clear message: Israel’s ongoing occupation and settlement activities are no longer tolerable, and the international community will not remain complicit in sustaining them. Even countries that abstained from the vote, such as the United Kingdom, now find themselves under growing scrutiny. The United States, notably the only permanent member of the UN Security Council to oppose the resolution, finds itself increasingly isolated in its unwavering support for Israel.

This vote also comes in the wake of a pivotal ruling by the International Court of Justice (ICJ) in July, which declared all of Israel’s actions in the West Bank and Gaza illegal and non-temporary. The ICJ further ruled that states are obligated not to assist in maintaining Israel’s occupation. The UNGA’s resolution bolsters this legal verdict, reinforcing the demand that member states must take tangible steps to end their complicity in Israel’s crimes.

Israel’s Unease

Israel’s reaction to the resolution has been telling. While Israeli officials and their allies in Washington have downplayed the significance of the UNGA vote, behind the scenes, they have been mobilizing diplomatic efforts to mitigate its impact. Earlier this month, Israel pressured members of Congress to intervene with South Africa, urging it to drop its genocide case against Israel at the ICJ. These actions reveal Israel’s genuine concern over the growing international legal and political pressure it faces.

This concern is well-founded. The UNGA resolution not only aligns with the ICJ’s ruling but also places unprecedented pressure on member states to act. A country that votes in favor of this resolution but fails to follow through with sanctions or other measures may face serious questions from its citizens and the international community. This resolution could serve as a turning point, forcing Israel and its allies to confront the reality that their impunity can no longer be taken for granted.

Toward a New International Consensus

While it is true that this resolution cannot compel Israel to comply, it is a significant step toward shifting international opinion and laying the groundwork for future action. The growing association of Israel with apartheid, aggression, and now genocide, makes it increasingly difficult for states and private sector actors to justify deepening ties with Israel. As Israel's behavior becomes more egregious, more countries and companies will view it as a risky partner, limiting its economic and political clout.

The UNGA’s resolution, backed by the ICJ’s legal authority, signals that the international legal system is finally taking steps to hold Israel accountable. While past efforts have faltered, this recent vote offers a glimmer of hope for Palestinians and their advocates. The global community is starting to unite around a clear demand: Israel’s occupation must end, and there will be consequences for those who continue to support it.

Conclusion

The September 17 resolution represents a shift from condemnation to action and places significant pressure on the international community to follow through. While it may not bring immediate change on the ground, it is a clear sign that Israel’s days of unchecked occupation may be coming to an end. With mounting legal, political, and economic pressure, the global consensus is shifting—and Israel and its allies know it.
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Gerrymandering in Kashmir: Undermining Democracy and the Call for International Intervention

9/24/2024

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By: Tazeen Hasan, Justice For All Canada, Campaign Manager
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Gerrymandering refers to the deliberate manipulation of electoral district boundaries to favor one party or group over another, undermining the core principles of democracy. This practice can dilute the political power of certain communities, skew electoral outcomes, and perpetuate inequality. In the case of Jammu and Kashmir, recent electoral manipulations by the Indian government are a textbook example of gerrymandering, designed to erode the political influence of the region’s Muslim majority.
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Following the revocation of Article 370 in August 2019, which stripped Jammu and Kashmir of its special autonomous status, India has undertaken significant changes to the region’s electoral landscape. The changes are not subtle and demonstrate a clear attempt to reshape the political future of the disputed territory to the detriment of its Muslim majority population.

According to the 2011 census, Muslims in in Jammu and Kashmir comprise 68.3% of the entire population, while Hindus make up 28.2%. However, the 2022 Delimitation Commission allocated 47 assembly seats to the Muslim-majority Kashmir Valley, which has 56.15% of the state's population, and gave 43 seats to the Hindu-majority Jammu region, which has 43.85% of the population.

According to veteran Kashmiri analyst, in this 90-member assembly, the 28% Hindu population will now hold 34.44% of the seats. 

Although Hindus are in the majority in the Jammu division, the Muslim population makes up 34.21%. Through unfair delimitation, the Muslim-majority constituencies in Jammu have been reduced from 12 to 9. As a result, Muslim representation in jammu will decrease from 32.43% to 20.93%. In the previous assembly, out of the 37 total seats in Jammu, 12 were Muslim-majority constituencies.

The Mechanisms of Gerrymandering in Kashmir
  1. Redrawing Electoral Boundaries: The Indian government has altered the boundaries of electoral districts in Jammu and Kashmir. This redistricting has created a skewed balance by combining areas with Hindu-majority populations into single constituencies, effectively increasing their representation.
  2. Increasing Seats in Hindu-Majority Areas: To further undermine the political voice of Muslims in the region, the Indian government has increased the number of electoral seats in districts with a significant Hindu population. These changes ensure that Hindu-majority areas are overrepresented in the legislative assembly. New electoral constituencies are introduced in Hindu majority areas while 3 times more populous Muslim majority areas have been merged with other districts. 
  3. Reducing Representation in Muslim-Majority Areas: Simultaneously, Muslim-majority areas have seen a reduction in representation. This artificial reduction directly impacts the ability of the Muslim population to influence policy and governance, marginalizing their role in the democratic process.
  4. Appointment of Non-Elected Members: Perhaps the most blatant manipulation is the new provision that allows the governor, who is directly appointed by the central Indian government, to nominate five non-elected members to the assembly. This further tilts the balance of power away from the electorate and places it in the hands of a government with vested interests in diminishing the region’s Muslim majority.

According to a veteran political analyst, the intent behind these measures is clear: the Indian government is attempting to convert the Muslim majority in Jammu and Kashmir into a minority in the Assembly. By diluting Muslim representation through gerrymandering, India seeks to legitimize its control over the region and suppress voices of dissent.

The Disadvantages of Gerrymandering
Gerrymandering has far-reaching consequences for democracy, and its implementation in Kashmir is no exception. Some of the critical disadvantages include:
  1. Erosion of Political Fairness: By redrawing district boundaries to favor a particular group, gerrymandering undermines the fairness of elections. In the case of Kashmir, this means that the electoral process no longer reflects the will of the majority, but rather the strategic interests of the Indian government.
  2. Marginalization of Minority Voices: Gerrymandering systematically reduces the representation of marginalized communities, in this case, the Muslim majority. This deprives them of their rightful influence in governance, further alienating them and deepening social and political divides.
  3. Undermining Democratic Institutions: Manipulating electoral boundaries weakens trust in democratic institutions. When elections are rigged to ensure a predetermined outcome, the credibility of democracy itself is at stake. For Kashmir, a region already fraught with political tension, this can lead to greater unrest and instability.
  4. Perpetuation of Inequality: Gerrymandering institutionalizes inequality by giving disproportionate power to one group over another. In Kashmir, the Hindu minority’s political influence is artificially inflated, sidelining the Muslim majority and perpetuating an uneven playing field.
  5. Further Radicalization of Helpless Kashmiri Muslims: One of the most dangerous consequences of gerrymandering in Kashmir is the potential for further radicalization. As the political influence of Kashmiri Muslims is systematically diminished, their sense of political disenfranchisement deepens. Feeling powerless in the face of systemic injustices, some may turn to more extreme forms of resistance. When the political process is rendered inaccessible and unresponsive, disillusionment and anger can fuel radicalization, creating an environment ripe for conflict. This cycle of suppression and extremism only escalates tensions, making peaceful resolution even more elusive.

The Call for International InterventionThe gerrymandering in Jammu and Kashmir represents a grave threat to democracy, human rights, and regional stability. As one of the world’s foremost advocates of democracy, Canada must take a stand against these anti-democratic practices. The Canadian government has long championed human rights and democratic values, and it is essential for Canada to act now.
Canada should publicly condemn the exploitation of electoral process through gerrymandering in Jammu and Kashmir and call for free and fair elections in the region. Furthermore, as a member of international organizations like the United Nations, Canada can urge the global community to hold the Indian government accountable for its actions, which contravene democratic principles and the right to self-determination.

In conclusion, election-manipulation in Kashmir is not merely a local issue but a direct assault on democratic governance and human rights. The international community, including Canada, must take a firm stand in defense of the people of Jammu and Kashmir, ensuring that their voices are heard and their rights respected. Without intervention, the gerrymandering in Kashmir risks becoming a dangerous precedent, signaling that democratic manipulation can go unchecked in regions of political dispute. The world cannot afford to be silent.

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JFA Canada’s representation at the 56th session of UN Human Rights Council

7/10/2024

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Written Format of Justice For All Canada’s address at the UN Human Rights Council.
By: Tazeen Hassan, Justice For All Canada, Campaign Manager


My name is Tazeen Hasan, and I am honored to represent Justice For All, an organization dedicated to combating global Islamophobia particularly the one which leads to genocide. It is a privilege to address the 56th session of the Human Rights Council in Geneva. I extend my gratitude to all the organizers of this event for addressing such a timely and relevant issue that impacts 2 billion Muslims worldwide, constituting nearly one-fourth of the world's population. We live in a world where Islamophobia intersects not only with settler colonialism, apartheid, and ethnic cleansing but also culminates in genocide, as witnessed in India, Kashmir, China, Myanmar and now in Gaza.

Unfortunately, we are gathering at a time when the Israeli bombardment of Gaza has entered its ninth month, a situation deemed a plausible case of genocide by the ICJ. While it is evident that 75-years long Israeli aggression towards Palestinains is driven by settler colonization, the silence of Western powers appears rooted in Islamophobia. During the recent G7 summit in Italy, a special event was organized for Ukraine, yet Gaza received no comparable consideration, despite widespread acknowledgment that Israeli actions against Palestinians are far more brutal than Russian actions in Ukraine. Prompt arrest warrants were issued against Putin, whereas warrants against Netanyahu still remain pending. These double standards are clearly indicative of Islamophobia.

Islamophobia has existed as long as Islam itself. The persecution of Muslims by the Quraysh was an early manifestation of this prejudice. Islamophobia fueled the Crusades, the Spanish Inquisition, the anti-Muslim rhetoric of Eurocentric orientalists, and the vilification of the Prophet by Voltaire in 17th century France. Islamophobia manifests in various forms: the Naqab and Burkini bans in France, discriminatory immigration policies and  the anti-immigrant shift in Western politics, the rise of far-right power in recent EU election results, predominantly Muslim no-fly lists in Canada and the US, and the suspension of anti-war peaceful student protesters at Harvard and Columbia, where their constitutional rights of freedom of expression and peaceful assembly were denied.

This pattern is also evident in media and narrative framing, with any criticism of India and Hindutva being labeled as Hinduphobia, and criticism of Israel being labeled as Anti-Semitism. 

Neither Islamophobia nor the use of arts to express it is novelty. Islamophobia still persists in various forms of art. For example, the 2015 film 'American Sniper' which vilified Iraqis who suffered from a war waged on the fabricated pretext of weapons of mass destruction. Similarly, Bollywood movies like 'Kerala Story' and 'Kashmir Files' depict Muslims as villains and aggressors, perpetuating negative stereotypes. Films like 'Article 370' also whitewashed the Indian genocide in Kashmir.

When Islamophobia is combined with majoratarianism, occupation, settler colonization, apartheid, and ethnic cleansing, it often results in genocide. In India, this manifests through majoritarianism and legislations like the CAA, which strips citizenship rights from Muslims. The Chief Minister of ​the biggest Indian state of ​Uttara Paradesh, is known as 'Bulldozer Baba,' ​because he gained notoriety for demolishing Muslim homes with bulldozers. His influence extends beyond India; in 2022, an Indian independence rally in New Jersey prominently featured a bulldozer adorned with images of Yogi Adityanath, celebrating his anti-Muslim policies. This blatant display abroad begs the question: what else but Islamophobia could drive such actions in the world's largest democracy?

Islamophobia is fueling yet another genocide. Millions of Uyghurs in north west of China have been detained for signs of extremism. Simply having a beard, naming children Muhammad or Omar, fasting during Ramadan, or having more than three children results in sentences of 10 to 20 years in prison. Even those not guilty of practicing their faith were sent to reeducation camps, where they were coerced into abandoning their Islamic and Uyghur identities. Upon release, they are sent to forced labor camps to become part of China's export industry. Families have been torn apart, with children sent to state-run orphanages. Uyghur women face forced sterilizations to curb Uyghur births. According to genocide convention, preventions of births in a community and transferring its children to another community is considered genocide. This genocidal project under the pretext of combating islamic extremism is almost at its completion.

The stateless Rohingya of Myanmar are enduring a slow genocide for decades, which escalated into a full-scale genocide in 2017 when they suffered brutal killings, rapes, and the burning of their homes and villages by the Burmese army. Around one million Rohingya fled to Bangladesh, where they now face a miserable humanitarian crisis.

Canada was the first Western country to recognize the Rohingya genocide in 2018. Six years later, we are still in the initial stages of discussing whether we should offer them immigration. The same holds true for Palestinian children in Gaza, who endure genocide while the world watches, leaving them nowhere to seek refuge. In stark contrast, the Western world immediately and unconditionally opened its doors to Ukrainians as soon as conflict broke out there. These double standards glaringly highlight Islamophobia in geopolitics.
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Islamophobia is also manifesting itself in the environmental genocide of Kashmir under the BJP government. Time doesn't allow me to explain the genocidal policies of the Indian government which are fatal for the population of Kashmir. 

We inhabit a world that upholds international law, and we all share international obligations under genocide convention, Un charter of human rights, and International covenent of civil and political rights. In the end I will appreciate The UN general assembly’s resolution in March as a significant milestone in combating Islamophobia. However, I on behalf of Justice For All Canada recommend that UN the develops the mechanisms to combat geopolitical Islamophobia which is intersecting with occupation, settler colonization, apartheid and leading to genocide.  
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Navigating No Other Land: Upholding Free Expression Amidst Controversy

3/7/2024

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March 5th, 2024
Author: Tazeen Hasan

In the landscape of global politics, the Israeli government, like any other governing body, faces scrutiny, critique, and debate. Yet, there's a dangerous trend emerging where criticism of the Israeli government is unfairly equated with anti-Semitism. The recent controversy surrounding Israeli documentarian Yuval Abraham's acceptance speech at the Berlin International Film Festival serves as a stark example of this troubling phenomenon.

Abraham, alongside Palestinian journalist Basel Adra, won the best documentary award for "No Other Land," shedding light on the stark realities faced by Palestinians in the occupied territories. In his acceptance speech, Abraham highlighted the disparities in the rights and freedoms between Israelis and Palestinians, particularly focusing on the discriminatory policies in the West Bank. Instead of engaging with the substance of his message, Abraham's speech was labeled as anti-Semitic by the Kan public broadcaster.

This knee-jerk reaction to the critique of Israel not only stifles freedom of expression but also perpetuates a dangerous narrative that conflates criticism of Israeli policies with hatred toward Jewish people. It's crucial to recognize that democracies thrive on robust debate and dissent. Critique of governmental policies, regardless of the nation in question, is an essential aspect of democratic governance.

The framing of Abraham's speech as anti-Semitic by Kan reflects a broader trend of silencing dissent within Israeli society. The atmosphere of self-censorship and persecution faced by those who voice opposition to the occupation only serves to undermine the principles of democracy and freedom of speech.

Abraham's speech highlighted the harsh realities faced by Palestinians living under occupation, realities that many Israelis either deny or remain oblivious to. The eviction of Palestinians from their homes in the Masafer Yatta area, as depicted in the documentary, underscores the systemic injustices perpetuated by the Israeli government.

By choosing to label critics of the occupation as anti-Semitic, channels like Kan are doing a disservice to the principles of journalism and democracy. Instead of engaging with the substantive issues raised by Abraham's speech and the core of his message, they resort to ad hominem attacks and attempts to discredit legitimate criticism.

Furthermore, the alignment of media outlets with governmental interests raises concerns about the integrity of journalistic practices and the role of the media in holding power to account. The media's duty should be to provide a platform for diverse perspectives and facilitate informed debate rather than serving as a mouthpiece for governmental agendas.

In conclusion, the controversy surrounding Yuval Abraham's acceptance speech underscores the importance of defending freedom of expression and resisting attempts to silence legitimate critique under the guise of combating anti-Semitism. Democracies flourish when citizens are free to engage in open dialogue, even when it involves challenging the actions of their own government. 

It is time to reject the notion that critiquing Israeli policies equates to anti-Semitism and instead uphold the principles of democracy and free speech for all.


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Right to Fair Trial

9/15/2023

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Speech Made at a Sideline Event of the 54th Session of the United Nations Human Rights Council in Geneva (virtual attendance)

By Tazeen Hasan

September 15th, 2023  

Ladies and gentlemen, distinguished delegates, and esteemed participants, allow me to introduce myself; I am Tazeen Hasan, serving as the Advocacy Manager for Justice For All Canada. It is an immense privilege to address this gathering during the 54th session of the Human Rights Council in Geneva. I extend my heartfelt gratitude to the organizers, namely the Universal Human Rights Council Kashmir Institute of international relations and the World Muslim Congress, for extending this invaluable opportunity to me. It is rather a coincidence that the 54th session commences on the heels of the G20 meeting, which concluded merely a day ago, wherein the world's most influential and geopolitically potent nations converged to deliberate upon the future of our planet. Delhi G20 Declaration emphasized the importance of all states acting in accordance with the Purposes and Principles of the UN Charter in its entirety.  

Unfortunately some of these influential nations are, regrettably, prominent examples of transgressors against international standards of fair trial. Our topic of discussion today. I am specifically referring to India, and China in this regard.

Regrettably, time constraints prevent me from delving deeply into the extensive transgressions of these nations. Nevertheless, in my capacity as the Advocacy Manager for Justice For All Canada and as the overseer of the JFA Prisoners of Conscience campaign, I have diligently observed the legal proceedings and the prison experiences of select individuals of conscience. Furthermore, I maintain close connections with the families of some of these detainees, their lawyers, and some former Kashmiri prisoners, local journalists and human rights defenders. Today, I aim to highlight the blatant violations of the right to a fair trial endured by Kashmiri detainees and sufferings of their families through the ordeal of a single Kashmiri prisoner Shabir Shah who has already endured 37 years in prison without trial. I also wish to remind the UN Working Group on Arbitrary Detention of their responsibilities toward these often-overlooked detainees, whose arbitrary incarcerations are as glaring as the noonday sun.

Ladies and gentlemen, it might astonish many of you to learn that Shabir Shah, a distinguished Kashmiri leader and the very first Prisoner of Conscience supported by Justice For All, has endured a staggering 37 years in custody. These years were marked by non-consecutive detentions, all devoid of any convictions. The sheer scale of this imprisonment is nothing short of significant; Shabir Shah was first apprehended at the tender age of 14, and today, at the age of 70, he continues to languish behind bars.

The last time Shah was arrested was in August 2017. His trial began after five years in detention. 

I want to remind this esteemed session that prolonged detention without trial is a violation of fair trial standards and the detention is considered arbitrary in customary international law. 

Time and again, Shah has been subjected to detention without the formal charges being brought against him. Ironically, this practice is sanctioned by Indian laws like PSA (Public Safety Act) and the UAPA (Unlawful Activities Prevention Act).  Under the PSA, individuals can be whisked away into custody based on vague and nebulous allegations of "acting harmfully against the security of the state or the maintenance of public order." 

These laws grant Indian authorities the power to detain individuals without the possibility of bail, systematically denying their right to a fair trial. Amnesty International and other human rights organizations have labeled these laws as unlawful. In essence, this amounts to a grotesque mockery of the foundational principles of the rule of law. 

Imagine, if you will, the anguish and despair that befalls someone who finds themselves imprisoned for the crime of merely standing accused, without the benefit of due process or a fair trial. This is a grave injustice that cries out for the attention and action from the UN Human Rights Council.

Indian law enforcement agencies in Kashmir justify their actions by stating, "We have to keep them out of circulation." It is crucial to recognize that keeping entire Kashmiri political and civil leadership out of circulation is a colonial necessity of the Indian colonial regime.. To maintain public order, or more precisely, to perpetuate colonialism, the entire Kashmir region has witnessed the disenfranchisement of political figures such as Shabir Shah, Yasin Malik, Altaf Shah, Syed Ali Geelani, Qasim Faktu, Ashraf Seharai, human rights defenders like Khurram Pervez, and journalists like Asif Sultan, Fahad Shah, and Sajjad Gul. The Indian regime has not even spared women in their quest to maintain colonial rule, as demonstrated by the unjust six-year detention of women leaders like Asiya Andrabi, a blatant violation of their right to a fair trial. 

On August 5, 2019, when this colonial project underwent a transformation into a settler colonial project, even trade union leaders were not spared. Four years have elapsed, and the majority of them still find themselves languishing in jails located outside of Kashmir, hundreds and thousands of kilometers away from their homes. Due to the nature of their detention being preventive, they are unable to secure bail. The Indian government continues to systematically deny the right to a fair trial to individuals who are not criminals.

And these arbitrary detentions, conducted in inhumane conditions under unlawful laws, are not confined solely to civil and political leadership. Hundreds of Kashmiri young men were detained prior to the G20 summit in Srinagar, ostensibly to preempt any peaceful protests. Journalists have been subjected to harassment through these arbitrary detentions to such an extent that they are compelled to erase their online presence. 

Protection from arbitrary detention is a fundamental principle enshrined in international human rights law. This crucial safeguard serves as a cornerstone of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. It underscores the importance of preventing individuals from being detained arbitrarily, without legal justification, or due process. 

The substantiation and validation of the arbitrary nature of detentions under these laws, coupled with the violation of the right to a fair trial, are underscored by revelations from A. S. Dulat, the former head of one of India's premier intelligence agencies. In his memoirs, he candidly acknowledges that Kashmiri leaders, upon reaching the maximum period of detention permitted under the PSA, were immediately re-arrested at the prison gate upon their release. Such practices unequivocally constitute a grave infringement upon the principles of justice and a blatant disregard for the right to a fair trial. 

When we talk about international law at these forums like the human rights council, we use terms like fair trial, arbitrary detention, we often ignore the humanitarian aspects. While we talk about the technicalities of the laws, we often overlook the sufferings of the mothers, wives and children of the victims of arbitrary detention. Though international law explicitly deals with them. 

Imagine the disappointment and agony of the family members of the victim of arbitrary detention, when they wait outside the prison gates to celebrate the release of their father but their father is arrested again in front of their eyes, on charges under PSA. 

I will elaborate more on the issue of fair trial. Under international law, fair trial does not begin with the trial. It begins with the time of arrest, The detainee has to be informed of the charges. 

Shah, now 70 is suffering from heart disease, diabetes, kidney problem, arthritis and many other ailments. 

I will persist in narrating Shah's ordeal to underscore the suffering experienced by the entire Kashmiri civil and political leadership when they are unjustly deprived of their right to a fair trial.

The violation of Shah's right to a fair trial is nothing short of heart-wrenching. His charge sheet remains withheld for five long years after his initial arrest, a blatant injustice. Further anguish is inflicted by placing him a staggering 700 kilometers away from his family in Srinagar, denying him the warmth of home. The injustice continues as he is deprived of adequate medical care, his family denied access to vital medical reports, and his right to seek a second opinion from chosen doctors and surgeons is stripped away. These are the fundamental rights enshrined in international fair trial standards, cruelly denied by the Iranian regime.

To add to this injustice, Shah's daughter must visit him through a glass barrier, unable to embrace her father. His ordeal is exacerbated by solitary confinement, a ruthless attempt to break him mentally and physically, all in the name of forcing him to bow before the oppressive Indian settler colonial regime. This is a tragic tale of fair trial denied and human dignity trampled upon.

This denial of the right to a fair trial extends far beyond Shabir Shah; it is the cruel fate of every Kashmiri who falls victim to arbitrary detention by the Indian authorities in their pursuit of maintaining a settler colonialism project that seeks to mute and disenfranchise Kashmir.

Ladies and gentlemen, distinguished members of the Human Rights Council and esteemed sponsors of this session, I implore you to take action. Initiate a comprehensive investigation into these grave human rights violations committed against Kashmiri prisoners. Let us also collaborate with other UN bodies to take concrete action in line with the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration of Human Rights (UDHR). 

As we stand here today, let us reflect upon the enduring principles of justice, fairness, and human rights, which must always remain inviolable. It is our collective responsibility to illuminate the injustices faced not only by the Kashmiri people but by all individuals worldwide who are unjustly detained, regardless of their nationality or affiliation.

We must tirelessly work towards a future where the fair trial rights of every individual are not just recognized but vigorously protected, where their voices are heard and their dignity upheld. 

Thank you for your unwavering commitment to the cause of justice and human rights.
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Why Did Kashmiri Girls' Abductions Go Unreported for Four Years

9/1/2023

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Picture
Aam Aadmi Party (AAP) workers stage a protest demanding information about missing girls and women in Jammu and Kashmir, in Srinagar. Source @aapkamuddasir
Author: Tazeen Hasan

In the shadowed valleys of Kashmir, a deeply unsettling crisis has unfolded, hidden from the world's gaze for far too long. Startling statistics, disclosed by the Indian government in Rajya Sabha, have laid bare a harrowing truth: between 2019 and 2021, a staggering 9,765 women and girls disappeared from their homes in the region. [1] [2] This alarming figure marks a nearly three-fold increase compared to the preceding three years, underscoring an ominous trend that beckons for immediate international awareness and resolute action. One of the perplexing questions that demand answers are not just about these numbers but also about why the abductions remained concealed from global scrutiny for four long years. In this exploration, we delve into the harrowing reality of Kashmiri girls' abductions and the shroud of silence that enveloped them.

The suppression of information and the stifling of voices in the region, often perpetuated through strict control of media and communication channels, created a veil of silence around these distressing incidents. The veil of silence shrouding the escalating abduction of Kashmiri girls for about four years can be attributed to a confluence of factors that have systematically silenced voices in the region since the revocation of autonomy. Kashmiris have been rendered utterly disenfranchised in the wake of this significant political shift. 

Journalists, integral to the dissemination of news, have been subjected to arbitrary detention under the draconian Public Security Act (PSA), a law that callously allows for detention without formal charges. Prominent journalists such as Fahad Shah, Asif Sultan, and Sajjad Gul have fallen victim to this oppressive measure, while others have been harassed to such an extent that they are compelled to erase their online presence. 

Silenced Voices on Social Media Surveillance and UAPA

The heightened atmosphere of social media surveillance and the oppressive reach of the Unlawful Activities Prevention Act (UAPA) have emerged as critical factors stifling citizens' ability to report the abductions. The escalation of social media surveillance has cast a chilling effect on the freedom of Kashmiris to express their views and disseminate accurate information about the situation. Under the ambiguously worded UAPA, even the slightest expression of dissent can swiftly lead to imprisonment, making it a powerful tool of repression. In this climate, any semblance of dissent can be construed as a threat, potentially resulting in the confiscation or demolition of a dissenter's home. These circumstances create an immensely challenging environment in which to speak out against the abduction of girls in the valley, further highlighting the urgent need for international intervention and advocacy.

"This clampdown extends to human rights defenders who now face increasing challenges in documenting violations. Khurram Pervez, the head of the Kashmir Coalition of Civil Societies, an organization that was documenting HR violations in Kashmir, has been arbitrarily detained for two years. Moreover, international scrutiny has been actively rebuffed, with Amnesty International expelled from India due to foreign funding regulations, the denial of entry to the U.S. Commission on International Religious Freedom (USCIRF), and even the restriction of a Pulitzer Prize-winning journalist Sana Matto from attending an award ceremony in the US. These tactics employed by the Indian regime have collectively disenfranchised Kashmir, thus concealing the distressing reality of the three-fold increase in the disappearances of Kashmiri girls in the valley over the past four years.

As we unveil the shroud of silence that veiled the abduction crisis of Kashmiri girls for four long years, it becomes increasingly evident that the international community must act swiftly and decisively. The Canadian government, with its commitment to human rights and global justice, has a pivotal role to play. It is incumbent upon Canada to collaborate with the United Nations in initiating a comprehensive investigation into the grave human rights violations transpiring in the disputed region of Kashmir. Furthermore, Canada should fervently urge the Indian government to grant access to respected human rights organizations such as Amnesty International, Human Rights Watch, and the United Nations Office of the High Commissioner for Human Rights (UN OHCHR) within Kashmir. This access will empower these organizations to independently document and report on the ground, shedding light on the realities faced by the Kashmiri people and ensuring that those responsible for these atrocities are held accountable. The time to act is now, for justice, accountability, and the safeguarding of fundamental human rights in Kashmir.
References
[1] "10,000 Women Have Gone Missing in Jammu and Kashmir From 2019 to 2021: Centre." Kashmir Observer, 28 July 2023, Link.
[2] "Amnesty International Halts Work in India, Citing Witch Hunt by Government." NPR, 29 September 2020, Link.
[3] "India's Crackdown on Kashmir: What You Need to Know." BBC News, Link.
[4] "India, U.S. Sign Military Agreement Amid China Tensions." Reuters, Link.
[5] "Nearly 10K Women, Girls Go Missing in Kashmir, Sparking Alarm." VOA News, Link.
[6] "India Sends Thousands More Troops to Restive Kashmir." VOA News, Link.
[7] "J&K High Court Quashes Detention of Journalist Fahad Shah, Orders Set at Liberty." Outlook India, Link.
[8] "Journalists Arrested in Indian-Administered Kashmir." The New York Times, 16 April 2022, Link.
[9] "Opinion | India's Assault on Press Freedom in Kashmir." The New York Times, 8 March 2023, Link.
https://www.kashmiraction.org/the-case-of-journalist-asif-sultan/
https://thewire.in/media/sajad-gul-kashmir-journalist-psa
https://www.aljazeera.com/news/2022/1/18/kashmir-journalist-sajad-gul-arrested-psa-jammu-jail
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