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India’s AFSPA and UAPA Not in Line with “International Covenant on Civil and Political Rights”: UN HRC

August 1, 2024 | By Sikh Siyasat Bureau

Chandigarh: A press release issued by the United Nations India on 29th July 2024, it is said that the United Nations Human Rights Committee has published a series of findings about India after reviewing the country’s record during its latest session in Geneva.

The Committee, which comprises 18 independent experts that monitor implementation of the International Covenant on Civil and Political Rights (ICCPR), adopted concluding observations about India on 22 July after holding hearings earlier in the month, notes the press release.

“In its findings, the Committee, while appreciating the measures adopted by India to tackle discrimination, voiced concern about discrimination and violence against minority groups, including religious minorities, such as Muslims, Christians, and Sikhs, “scheduled castes” and “scheduled tribes”, and LGBTI people”, the press release states.

The Committee called on India to adopt comprehensive laws banning discrimination, raise awareness among the public, and provide training to civil servants, law enforcement officers, the judiciary and community leaders to promote respect for diversity.

The Committee expressed concern that some provisions of India’s Armed Forces (Special Powers) Acts and counter-terrorism laws are not in compliance with the ICCPR.

It also voiced concern over the application of counter-terrorism laws for decades in “disturbed areas”, such as districts in Manipur, Jammu and Kashmir and Assam, which it said has led to widespread and grave human rights violations, including excessive use of force leading to unlawful killings, prolonged arbitrary detention, sexual violence, forced displacement and torture.

The Committee urged India to comply with its obligations under the ICCPR and to ensure that any counter-terrorism and other security measures in the so-called disturbed areas are temporary, proportionate, strictly necessary and subject to judicial review.

It also asked India to establish a mechanism to initiate a process to acknowledge responsibility and ascertain the truth regarding human rights violations in disturbed areas.

India was one of seven countries reviewed by the Committee during the latest session. The others were Croatia, Honduras, Maldives, Malta, Suriname and Syria.

The Committee will hold its next session from 14 October to 8 November 2024 to review the reports of Ecuador, France, Greece, Iceland, Pakistan and Türkiye.

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Related Topics: AFSPA, Human Rights, LGBTI Rights, scheduled castes, scheduled tribes, UAPA

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