India: UN Human Rights Committee calls for protection of human rights defenders and reform of counter-terrorism laws

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On 25 July 2024, the UN Human Rights Committee (Committee) issued its concluding observations, following the review of the country's fourth periodic report under the International Covenant on Civil and Political Rights (ICCPR). The Committee monitors state parties' compliance with their legal obligations under the ICCPR. India is a state party to this treaty. The Committee's findings mirror many of those included by FLD, FIDH, and OMCT in their joint shadow report, which focused on the shrinking civic space and the systematic persecution and reprisals against human rights defenders (HRDs) in India.

The Committee highlighted India's use of counter-terrorism legislation leading to grave human rights violations, and noted particular concerns about provisions in these laws that can lead to the use of lethal force and arbitrary detentions without charge or judicial review, as well as the inclusion of broad definitions that can be "misused against dissidents and activists." The Committee recommended an extensive review of these laws, including the Armed Forces (Special Powers) Act, 1958, the Jammu and Kashmir Armed Forces (Special Powers) Act, 1990, the National Security Act, 1980, the Unlawful Activities (Prevention) Act, 1967, and the Jammu and Kashmir Public Safety Act, 1978, to ensure they are brought in compliance with the ICCPR. The Committee further noted that counter-terrorism legislation should not be used to limit rights under the ICCPR, including freedom of expression and association, and to repress human rights defenders and journalists.

The Committee also raised concerns regarding travel bans and other forms of reprisals against human rights defenders, and specifically mentioned the case of Kashmiri human rights defender Khurram Parvez, who has been arbitrarily detained since 2021.

With regard to the Foreign Contributions (Regulation) Act (FCRA), the Committee raised concerns over its misuse to target non-governmental organizations (NGOs) critical of the authorities, noting Indian authorities cancelled the FCRA licenses of more than 20,600 NGOs between 2011 and 2021. The Committee recommended that the law be amended.

Overall, the Committee made over 15 recommendations to the government related to civic space and the protection of human rights defenders and journalists. It requested the government provide information on steps taken towards the implementation of the Committee's recommendations related to several priority issues, including the lack of compliance of counter-terrorism legislation with the ICCPR and the use of these laws in certain so-called "disturbed areas" including Manipur, Jammu & Kashmir and Assam, by June 2027.

Signatories :

• Front Line Defenders (FLD)
• International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders
• World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders