Islamabad: Pakistan’s effective campaign at the UN Human Rights Council (UNHRC) highlighting India’s worst human rights record and brutalities in Indian Illegally Iccupied Kashmir (IIOJK) has frustrated New Delhi.
India’s human rights record is being examined as part of the Universal Period Review (under process), a peer-based evaluation mechanism under the UN Human Rights Council.
This is the fourth time that India has gone through this evaluation process. US also urged India to condemn and address hate speech against Muslims and other minorities. “We trust that India’s commitment to inclusivity and protection of human rights for all individuals, including members of minority communities, would only strengthen its status and credibility as the world’s largest secular democracy with diverse cultures.” US representative lamented that “despite legal protections, discrimination and violence based on gender and religious affiliation persist”.
She recommended the “broad applications” of the Unlawful Activities Prevention Act (UAPA) and similar laws against human rights activists, journalists and religious minorities. Canada also agreed that India needed to ensure legislation, especially the UAPA, was compliant with international human rights laws to strengthen media freedom.
Estonia said, India should review the Foreign Contribution Regulation Act (FCRA) and UAPA to “ensure freedom of expression, assembly and association and the protection of civil society organizations and human rights defenders”.
Similar recommendations were made by other European countries. Ireland, Germany, Switzerland, Belgium and Luxembourg urged for the release of “all detained human rights defenders”. According to Software Freedom Law Centre, there have been 682 internet shutdowns in India, most of them in Indian Administered Kashmir.
Costa Rica also stated that India should “guarantee freedom of expression and the right to information, eliminating restrictions to access information online and on social networks”. UK called for India to “reinforce efforts to protect the rights of all minorities as enshrined in the Indian Constitution”.
Among developing countries, South Africa urged the Indian government to hold “accountable public officials who advocate religious hatred that constitutes incitement to discrimination, hostility, or violence”. Mexican delegate hoped that India would “review the design and implementation of the National Registry of Citizens (NRC) to avoid statelessness, deprivation or denial of nationality, arbitrary detentions or expulsions”. Malaysia stated that India should “take effective measures to prevent, prosecute and remedy discrimination and violence against Muslims and other religious minorities”.
Malaysian diplomat also noted that India should take “concrete steps to raise awareness on and eliminate extremist ideology that promotes and condones violence and discrimination against religious minorities in India”. Brunei Darussalam noted “with concern” that there were reports of “attacks on minority communities and instances of religious intolerance, violence and discrimination”.
Turkey called for India to take steps to prevent violence and hate speech against other religious minorities. 29 countries called on India to ratify the UN Convention on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) and its Optional Protocol, in their individual statements. Seventeen countries, ranging from Australia to Iceland and Chile, urged India to put a formal moratorium on the use of the death penalty. Many of them, like Mexico, also asked India to consider signing the Second Optional Protocol to the International Covenant on Civil and Political Rights aimed at the abolition of the death penalty.
Pakistan made four recommendations related to Kashmir – reverse the dilution of Article 370, comply with UNSC resolutions, allow the visit of the Office of the United Nations High Commissioner for Human Rights and release journalists, HRDs and others. Rights of women were raised by 44 countries, perhaps the most common concern among the speakers.
North Korea set the tone by calling for India to “continue its efforts to ensure safety and security of women, eliminate all forms of discrimination against women, and ensure their empowerment”. Nambia, Benin and France called for India to accede to the Optional Protocol Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
India has acceded to CEDAW but has so far not signed the optional protocol which allows the Committee on the Elimination of Discrimination Against Women to hear complaints from individuals.
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