UN human rights chief Michelle Bachelet on Tuesday lamented the reduction of space for human rights NGOs in India, including over the application of vaguely worded laws that limit their activities and restrict foreign funding.
Bachelet called on the Indian government to safeguard the rights of human rights defenders and NGOs, and their ability to continue their work on behalf of the groups they represent.
“India has long had a strong civil society, which has been at the forefront of innovative human rights advocacy within the country and globally,” he said. “But I am concerned that loosely defined laws are increasingly being used to suppress these voices.”
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In a statement, Bachelet specifically cited as “worrying” the use of the Foreign Contribution Regulation Act (FCRA), about which various UN human rights bodies have expressed concern, because it is “vaguely worded and too wide on your goal. ”
The law prohibits the receipt of foreign funds “for any activity that harms the public interest.” The law, which was adopted in 2010 and amended last month, has had a “detrimental impact on the right to freedom of association and expression of human rights NGOs and, as a result, on their ability to act as effective advocates for protect and promote rights in India, ”the statement said.
There was no immediate response from Indian officials to Bachelet’s comments.
The statement said the new amendments to the FCRA were expected to create “even more administrative and practical obstacles for such advocacy-based NGOs.” The statement noted that Amnesty International was forced to close its offices in India after its bank accounts were frozen for alleged violation of the FCRA.
“The FCRA has been invoked over the years to justify a series of highly intrusive measures, ranging from official raids on NGO offices and freezing of bank accounts, to suspension or cancellation of records, including those of society organizations. civilians who have committed to the human rights of the UN. bodies, ”Bachelet said.
“I am concerned that such actions based on loosely defined ‘public interest’ grounds leave this law open to abuse, and that it is in fact being used to deter or punish NGOs for reporting and defending human rights that authorities perceive as critical. in nature. Constructive criticism is the lifeblood of democracy. Even if the authorities find it uncomfortable, it should never be criminalized or outlawed in this way, “he added.
The statement noted that human rights activists and defenders had come under increasing pressure in India in recent months, particularly from the massive protests against the Citizenship (Amendment) Act across the country earlier this year. “More than 1,500 people have reportedly been arrested in connection with the protests, many of whom have been charged under the Prevention of Illegal Activities Act, a law that has also been widely criticized for its lack of compliance with the rules. international human rights organizations, “the statement said.
Charges under this law have been brought against individuals in connection with demonstrations dating back to 2018, including 83-year-old Catholic priest Stan Swamy, whom the statement described as a longtime activist committed to defending rights. of marginalized groups.
“I urge the government to ensure that no one else is detained for exercising their rights to freedom of expression and peaceful assembly, and to do everything possible, in law and in policy, to protect the strong civil society of the India, ”Bachelet said.
“I also urge the authorities to carefully review the FCRA to verify its compliance with international human rights standards and to release those charged under the Prevention of Illegal Activities Act for simply exercising the basic human rights that India it is obliged to protect “.
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