Conference Description

 

A Conference on Human Rights and Impunity: Towards Accountability in India

 

In the last several decades, various regions of India have suffered from outbreaks of massive communal violence. Characterized as endemic and sporadic riots, or as separatist movements, the state has often taken stringent counter-measures to quell the violence. State actors have perpetrated human rights abuses, committing excesses under the guise of restoring peace. Few, if at all, have been penalized to date. The impunity enjoyed by the perpetrators of such wide-scale organized crime has raised important questions about state accountability in the world’s largest democracy.

 

This conference aims to provide a platform for human rights activists from India to interact with international human rights activists based in the United States and leading academics whose work focuses on impunity, international diplomacy, and international human rights.  The conference will focus on human rights violations in the regions of Kashmir, Punjab and Gujarat, and the subsequent impunity enjoyed by the perpetrators. The workshops held during the conference will explore mechanisms to strengthen the linkages between regional and international human rights actors, and expand existing regional advocacy processes internationally.

 

The conference aims to:

 

  • Develop a framework for coordination and solidarity among the participating Indian actors, as well as across relevant international human rights groups

 

  • Understand the challenges faced at various levels by the activists in the regions of focus in their struggles for justice for the victims; and explore further domestic and international avenues available to them

 

  • Allow the sharing of expertise and tools among the participants to formulate appropriate strategies to bring the issues to the attention of the UN and foreign governments and courts

 

  • Provide skills in establishing regular communication channels with international media and learn best practices to be adopted to provide periodic updates to the media, especially in the United States.

 

This exercise will focus on the development of definite and pragmatic steps to be undertaken in the respective campaigns for justice.

 

Conference Program

 

Sunday Nov. 16 Program

 

Kresge Room G2

Harvard School of Public Health

651 Huntington Avenue

Boston, MA 02115

 

Registration                                                                                       09:00 – 09:30 AM

 

Welcome and Orientation                                                                  09:30 – 09:45 AM

Stephen Marks

 

Keynote Address                                                                               09:45 – 10:15 AM

Justice J.S. Verma, former Chair of the NHRC

General Q&A Session

 

Regional Introductions                                                                      10:15 – 11:45 AM

Moderator:       Balakrishnan Rajagopal

Kashmir:           Parvez Imroz

Punjab:             Ram Narayan Kumar

Gujarat:            Teesta Setalvad

General Q&A Session

 

Coffee Break                                                                                     11:45 – 11:50 AM

 

International Human Rights Organizations:                                    11:50 – 1:00 PM

Moderator:       Peter Rosenblum

Panelists:          Smita Narula

Susannah Sirkin

Questions by Regional Representatives

General Q&A Session

 

Lunch                                                                                                  1:00 – 2:00 PM

 

Media                                                                                                 2:00 – 3:30 PM

Moderator:       Henry Steiner

Panelists:          Barbara Crossette

                        Siddharth Varadarajan

                        Shujaat Bukhari

Questions by Regional Representatives

General Q&A Session

 

The United Nations and International Law                          3:30 – 5:10 PM

Moderator:       Jacqueline Bhabha

Panelists:          Stephen Marks 

                        Chris Sidoti 

Iftaar Break

Panelist:            John Cerone

Questions by Regional Representatives

General Q&A Session

 

Coffee Break                                                                                     5:10 – 5:20 PM

 

Reflections and Requests from Regional Activists                         5:20 – 6:20 PM

 

Biographies of Conference Participants

 

Jacqueline Bhabha

 

Jacqueline Bhabha is Adjunct Lecturer in Public Policy at Harvard University. A graduate of Oxford University, she is the executive director of the Harvard University Committee on Human Rights Studies and a lecturer at Harvard Law School. From 1997 to 2001, she directed the Human Rights Program at the University of Chicago. Prior to 1997, Bhabha was a practicing human rights lawyer in London, and before the European Court of Human Rights in Strasbourg. Her publications include Women's Movement: Women Under Immigration, Nationality and Refugee Law (1994), Asylum Law And Practice in Europe and North America (1992), Inconsistent State Intervention and Separated Child Asylum Seekers” (2001) and “Internationalist Gatekeepers? The Tension Between Asylum Advocacy and Human Rights” (2002). She is currently writing a book titled Moving Children: Migration, Childhood and the Quest for Rights. She teaches international human rights and refugee law.

 

Shujaat Bukhari

 

Shujaat Bukhari is a Srinagar-based journalist working as The Hindu’s Special Correspondent for Jammu and Kashmir. He has covered the conflict in the state for the last 13 years and has witnessed major events in Kashmir’s history.  Bukhari started his career with the local English daily, Samachar Post, in 1989 and later worked as correspondent for Kashmir Times. He covered the 1999 Kargil conflict between India and Pakistan for 72 days, the siege of the Hazratbal and Charar-e-Sharief shrines in 1993 and 1995, respectively, as well as political events, protests, and human rights issues.  Bhukari’s work has also put him in danger. In 1995, a militant group kidnapped Bhukari and, several times, Indian security forces have attacked him. This year, Bhukari was awarded a fellowship by St Paul (Minnesota) World Press Institute, along with eight other international journalists. 

 

John Cerone

 

John Cerone is Executive Director of the War Crimes Research Office at American University’s Washington College of Law, where he also teaches classes in human rights and humanitarian law. He has worked as a human rights legal advisor with the United Nations Mission in Kosovo and as a legal consultant for the International Secretariat of Amnesty International. He has also served as Legal Advisor to the Attorney General of Sierra Leone in negotiations with the United Nations on the establishment of the Special Court for Sierra Leone. Particular areas of expertise include state accountability for the acts of non-state actors, the accountability of intergovernmental organizations under human rights and humanitarian law, and the human rights law applicable to trafficking in persons. Recent publications include “Genocide in Recent International Jurisprudence” (Ethnic Cleansing in Twentieth Century Europe, 2002).

 

Barbara Crossette

 

Barbara Crossette, a distinguished journalist who reported developments in the United Nations (UN) and human rights, retired in 2001, after having served as the New York Times UN bureau chief and having reported in Canada. Previously a correspondent in South Asia and Southeast Asia, serving as bureau chiefs in Bangkok and New Delhi, Crossette won the George Polk Award for foreign reporting for her coverage of the assassination of Indian Prime Minister Rajiv Gandhi. She has written several books on Asia and has been a member of the Columbia University Graduate School of Journalism, a Fulbright teaching fellow at Punjab University in India (1980-81), and the 1994 Ferris Visiting Professor on Politics and the Press at Princeton University.

 

Parvez Imroz

 

Parvez Imroz is a human rights lawyer and civil rights activist in Kashmir. He has initiated and led campaigns to highlight the human rights abuses perpetrated by Indian security forces and press for accountability in Kashmir. He is co-founder and President of the J&K Coalition of Civil Society (JKCCS) that has worked to build local alliances between Kashmiri civil society groups. Imroz is the founder and director of the Public Commission on Human Rights (PCHR) that works extensively on the documentation of human rights violations and the dissemination of the information through its monthly dossier Informative Missive. The PCHR also provides free legal assistance to the victims of human rights violations. Imroz is also co-founder and Patron of the Association of Parents of Disappeared Persons (APDP), which brings together hundreds of Kashmiri families whose members have been the victims of Enforced or Involuntary Disappearances (EID). The APDP is a collective campaigning organization that seeks truth and justice on this human rights issue in Kashmir. Recently, in April 2003, Imroz organized a worldwide hunger strike, coordinated in different cities across the world, pressing for an end to disappearances, prosecution of perpetrators, and appointment of a commission to probe into all enforced disappearances.

 

Ram Narayan Kumar

 

Ram Narayan Kumar, human rights activist and writer focusing on peripheral communities in India, has led the movement for justice and accountability in Punjab, highlighting the abuses committed by state security forces during counterinsurgency operations from 1984 to 1995. He is the lead author of the recently released report, Reduced to Ashes: The Insurgency and Human Rights in Punjab, giving detailed case studies of over 600 cases of disappearances in Amritsar district, as well as an analysis of impunity. In November 1984, Kumar led relief efforts for the Sikhs of Delhi during the pogroms that followed Indira Gandhi’s assassination. Involved in diverse human rights issues, from prison reform to relief for victims of the Bhopal disaster, Kumar has spent more than four and a half years in jails: nineteen months during the Emergency and three years for leading a strike of colliery workers of Jhagarakhand in Madhya Pradesh. He has written numerous books and analyses on Punjab and Nagaland, among other issues.

 

Stephen Marks

 

Dr. Stephen P. Marks is the François-Xavier Bagnoud Professor and Director of the FXB Center for Health and Human Rights at the Harvard School of Public Health, where he is principal investigator on the Right to Development Project. Before coming to Harvard in 1999, he was Director of the United Nations Studies Program and Co-Director of the Human Rights and Humanitarian Affairs Concentration at the School of International and Public Affairs (SIPA) of Columbia University. He holds academic degrees in law and international relations from Stanford University, the Universities of Paris, Strasbourg, Besançon and Nice, as well as the University of Damascus. His publications relate to various aspects of international law and organizations, public health, peacekeeping, development and human rights. In 1999 he co-edited and contributed to The Future of International Human Rights (Transnational Publishers, 1999). He has written on impunity for massive violations of human rights in Cambodia and more recently on “The Hissène Habré Case: The Law and Politics of Universal  Jurisdiction,” which has just been published as part of the Princeton Project on Universal Jurisdiction by the University of Pennsylvania Press.

 

Smita Narula

 

Smita Narula, Executive Director of the Center for Human Rights and Global Justice at New York University, previously worked as Senior Researcher for South Asia at Human Rights Watch (HRW). For the past six years, at HRW, Narula investigated and authored several reports and articles on caste discrimination and the rise of religious nationalism in India, including HRW’s reports on state complicity in the 2002 massacres in Gujarat. In 2000, Narula founded the International Dalit Solidarity Network, which brings international organizations, donor agencies, and non governmental organizations together to build a world wide movement against caste discrimination. In 1997, Narula graduated from Harvard Law School, where she was editor in chief of Harvard’s Human Rights Journal. Before law school, Narula received a Masters in International Development from Brown University and worked on HIV and public health at UNICEF and the United Nations Development Fund.

 

Balakrishnan Rajagopal

 

Balakrishnan Rajagopal is Ford International Assistant Professor of Law and Development, as well as Director of MIT’s Program on Human Rights and Justice. He is on leave for 2003-2004. His current research is in five areas: a) development-induced displacement including through large projects; b) human rights and globalization, especially relating to corporate social responsibility; c) economic, social and cultural rights particularly relating to environment, land and housing, in comparative public and private law; 4) social movements and multi-level governance including new ways of organizing political power and authority; and 5) the relationship between critical social and legal theory and progressive practice in planning and economic development. Recently, he assisted the World Commission on Dams develop a legal and policy framework on the human rights implications of large dams and has consulted with UNDP on the articulation of a human rights approach to development planning and policy. His research is focused primarily on South Asia and Southeast Asia and also on the legal systems of Brazil and South Africa. Rajagopal has recently published International Law From Below: Development, Social Movements and Third World Resistance (Cambridge University Press).

 

Peter Rosenblum

 

Peter Rosenblum is an Associate Clinical Professor in Human Rights at Columbia Law School. He joined the Human Rights Program at Harvard Law School in the fall of 1996 and served as Associate Director until 2002, when he became Clinical Director. Rosenblum also held an academic appointment as Lecturer at Harvard Law School and oversaw voluntary and for-credit human rights projects with students. During this time, he wrote the preface to Reduced to Ashes: The Insurgency and Human Rights in Punjab.  In 2003, Rosenblum joined Columbia Law School. He was formerly Program Director for the International Human Rights Law Group and Human Rights Officer for the United Nations Centre for Human Rights. Rosenblum has engaged in human rights research and field missions in Africa, Eastern Europe, and Asia. His recent writing addresses human rights topics affecting Africa and human rights pedagogy in the United States. He is currently Member, International Advisory Council, Swedish NGO Foundation for Human Rights; UN Secretary General’s Resource Group on the Democratic Republic of the Congo; Harvard University Committee on African Studies; and advisory board of Buffalo Human Rights Law Review.

 

Teesta Setalvad

 

Teesta Setalvad, Indian journalist and activist, is the Editor of Communalism Combat.  She is the 2003 recipient of the Nuremberg Human Rights Award. Setalvad is the founding member of Sabrang Communications and Publishing, as well as the founder and coordinator of KHOJ, a secular education project. She leads efforts in Gujarat to document the abuses of the 2002 pogroms against the Muslims, as well as expose the hate mobilization conducted by state parties. Setalvad’s reporting in 1993 exposed the anti-Muslim bias of the police force during the 1993 Bombay riots. She has received numerous other awards recognizing her dedication to human rights, such as the 2001 Pax Christi International Peace Award. Setalvad has written several books dealing with women, human rights and Hinduism.

 

Chris Sidoti

 

Chris Sidoti is Director of the International Service for Human Rights (ISHR) based in Geneva. Sidoti was Australian Human Rights Commissioner from August 14, 1995 to August 13, 2000. His career has included serving as National Secretary of the Catholic Commission for Justice and Peace, Manager of Executive Services in the NSW Department of Youth and Community Services, Foundation Secretary of the Human Rights and Equal Opportunity Commission and Commissioner with the Australian Law Reform Commission, as well as Race Discrimination Commissioner (1991) and Disability Discrimination Commissioner (1997-99) within the Human Rights and Equal Opportunity Commission.  Sidoti has held many senior honorary positions in non-governmental organizations, including Deputy President of the Australian Council of Social Services, President of the Youth Affairs Council of Australia and Chairperson of the Public Interest Advocacy Centre and of the Uniya Jesuit Social Research Institute. He has also served as visiting professor at several universities in Australia.

 

Susannah Sirkin

 

Susannah Sirkin is Deputy Director of Physicians for Human Rights (PHR). She has held this position since 1987 when she joined the organization's staff. Previously, she was Director of Membership Programs for Amnesty International USA. Sirkin has organized medical human rights investigations to dozens of countries, including PHR's exhumations of mass graves in the former Yugoslavia and Rwanda for the International Criminal Tribunals. She has authored and edited numerous reports and articles on the medical consequences of human rights violations, physical evidence of human rights abuses, and physician complicity in violations. Sirkin co-directed the first post-graduate course in medicine and human rights sponsored by Harvard Medical School in 1992. She served from 1992-2001 for PHR as a member of the Coordination Committee of the International Campaign to Ban Landmines, the co-recipient of the 1997 Nobel Prize for Peace. PHR is one of the six original non-governmental organizations that launched the International Campaign to Ban Landmines in 1992.

 

Henry Steiner

 

Henry J. Steiner is Jeremiah Smith, Jr. Professor of Law and Founder and Director of the Law School Human Rights Program at Harvard University. He has served for many years as the chair and co-chair of the University Committee on Human Rights Studies. Steiner has participated in conferences and given lectures on human rights in over 20 countries. He has written on a wide range of human rights topics, including political participation, ethnic minority regimes, the discourse of human rights, and human rights institutions. His co-authored book, International Human Rights in Context: Law, Politics, Morals (2d ed. 2000, Oxford University Press), has been used in many countries as the textbook for human rights courses. Steiner is also Chair of the Board of Directors for the University of the Middle East.

 

Siddharth Varadarajan

 

Siddharth Varadarajan is Deputy Chief of the News Bureau for Times of India.  He is the editor of the recently published book Gujarat: The Making of a Tragedy, which collects reports, analyses, narratives, and news accounts on the 2002 Gujarat massacre of Muslims.  Varadarajan has reported on several important political events, from Kashmir and the royal palace massacre in Nepal, to Pakistan, the weapons-inspection crisis in Iraq, and the NATO bombing of Yugoslavia. He has also written extensively on communalism and the media.  Varadarajan studied at the London School of Economics and Columbia University and taught economics at New York University before turning to journalism in 1995.

 

J.S. Verma

 

Justice J.S. Verma retired as Chair of the National Human Rights Commission at the end of 2002, after having served for over three years.  He had previously retired as Chief Justice of the Indian Supreme Court on January 18, 1998. As Chair of the NHRC, Justice Verma took suo moto notice of the Gujarat massacres on March 1, 2002, bringing the NHRC into the campaign for justice in Gujarat.

 

Conference Sponsors

 

We would like to thank the following programs

and people for supporting this conference:

 

Jacqueline Bhabha

Harvard University Committee on Human Rights Studies

 

Sugata Bose

Harvard University Department of History

South Asia Initiative, Harvard Asia Center

 

South Asian Center

 

Stephen Marks

François-Xavier Bagnoud Center for Health and Human Rights

 

Balakrishnan Rajagopal

MIT Program on Human Rights & Justice

 

The Reebok Human Rights Foundation

 

Chris Sidoti

International Service for Human Rights

 

Henry Steiner

Jim Cavallaro

Harvard Law School, Human Rights Program