Safeguard rights of NGOs: UN human rights chief to India

UN human rights chief Michelle Bachelet on Tuesday expressed remorse on the tightening of house for human rights NGOs in India, together with by the applying of vaguely worded legal guidelines that constrain their actions and limit overseas funding.

Bachelet requested the Indian authorities to safeguard the rights of human rights defenders and NGOs, and their potential to hold on with their work on behalf of the teams they characterize.

“India has long had a strong civil society, which has been at the forefront of groundbreaking human rights advocacy within the country and globally,” she mentioned. “But I am concerned that vaguely defined laws are increasingly being used to stifle these voices.”

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In a press release, Bachelet particularly cited as “worrying” using the Foreign Contribution Regulation Act (FCRA), which quite a few UN human rights our bodies have expressed concern about, as a result of it’s “vaguely worded and overbroad in its objective”.

The act prohibits the receipt of overseas funds “for any activities prejudicial to the public interest”. The act, which was adopted in 2010 and amended final 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 serve as effective advocates to protect and promote human rights in India”, the assertion mentioned.

There was no quick response from Indian officers to Bachelet’s feedback.

The assertion mentioned it was anticipated that the brand new amendments to FCRA will create “even more administrative and practical hurdles for such advocacy-based NGOs”. The assertion famous that Amnesty International was compelled to shut its workplaces in India after its financial institution accounts have been frozen over alleged violation of FCRA.

“The FCRA has been invoked over the years to justify an array of highly intrusive measures, ranging from official raids on NGO offices and freezing of bank accounts, to suspension or cancellation of registration, including of civil society organisations that have engaged with UN human rights bodies,” Bachelet mentioned.

“I am concerned that such actions based on the grounds of vaguely defined ‘public interest’ leave this law open to abuse, and that it is indeed actually being used to deter or punish NGOs for human rights reporting and advocacy that the authorities perceive as critical in nature. Constructive criticism is the lifeblood of democracy. Even if the authorities find it uncomfortable, it should never be criminalised or outlawed in this way,” she added.

The assertion famous that activists and human rights defenders had come below mounting strain In India in current months, notably over mass protests towards the Citizenship (Amendment) Act throughout the nation earlier this 12 months. “More than 1,500 people have reportedly been arrested in relation to the protests, with many charged under the Unlawful Activities Prevention Act – a law which has also been widely criticised for its lack of conformity with international human rights standards,” the assertion mentioned.

Charges have been filed below this legislation towards people in reference to demonstrations relationship again to 2018, together with the 83-year-old Catholic priest Stan Swamy, whom the assertion described as a long-standing activist engaged in defending the rights of marginalised teams.

“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 its utmost, in law and policy, to protect India’s robust civil society,” Bachelet mentioned.

“I also urge the authorities to carefully review the FCRA for its compliance with international human rights standards and to release people charged under the Unlawful Activities Prevention Act for simply exercising basic human rights that India is obligated to protect.”