UN Committee in Geneva adopts recommendations related to India considering the 4th periodic report.
NEW DELHI: In two separate reports, the UN Human Rights Committee has released its observations on India’s periodic report while appreciating some measures also expressed its concern and made recommendations on some serious issues including some provisions of the Armed Forces (Special Powers) Act (AFSPA).
While appreciating the measures adopted by the State party to address discrimination, the Committee was concerned about discrimination and violence against minority groups, including religious minorities, such as Muslims, Christians, and Sikhs, “scheduled castes” and “scheduled tribes”, and LGBTI people.
It called upon India to adopt comprehensive legislation prohibiting discrimination, raise awareness among the general public, and provide training to civil servants, law enforcement officers, the judiciary, and community leaders to promote respect for diversity.
The Committee was concerned that some provisions of the Armed Forces (Special Powers) Acts and counter-terrorism legislation are not in compliance with the Covenant. The Committee also voiced its concern over the application of counter-terrorism legislation for decades in “disturbed areas”, such as districts in Manipur, Jammu and Kashmir, and Assam, which 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.
It urged India to comply with its obligations under the Covenant and to ensure that counter-terrorism and other security measures in 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.
It has also released its concluding observations on India’s fourth periodic report, following meetings held on 15, 16, and 22 July 2024.
The Committee welcomed several legislative and policy measures taken by India but expressed concerns over numerous human rights issues and provided recommendations for improvements.
The Human Rights Committee, comprising 18 independent experts, monitors the International Covenant on Civil and Political Rights (ICCPR) implementation and reviews reports from countries by conducting periodic reviews.
The 32-member Indian delegation, jointly led by Attorney General R Venkataramani and Solicitor General Tushar Mehta, included Secretary (West) Pavan Kapoor and senior officials from the ministries of women and child development, social justice and empowerment, electronics and information technology, minority affairs, external affairs, tribal affairs, home affairs.
In its final report, the UN experts have expressed concerns and also noted some positive developments. They are:
Key Concerns and Recommendations
Despite these positive steps, the Committee identified several areas of concern:
Positive Developments
The Committee acknowledged India’s efforts in implementing legislative and policy measures, including:
India has also ratified or acceded to several international instruments, such as the ILO Minimum Age Convention and the Convention on the Rights of Persons with Disabilities.
The Committee requested India to provide updates on the implementation of recommendations regarding anti-corruption measures, non-discrimination, and counter-terrorism by July 2027. The next periodic report is due in 2030.
Text of the Report from Office of High Commissioner on Human Rights:
GENEVA: The UN Human Rights Committee today issued its findings on Croatia, Honduras, India, Maldives, Malta, Suriname, and the Syrian Arab Republic after examining the seven States parties in its latest session.
The findings contain the Committee’s main concerns and recommendations on the implementation of the International Covenant on Civil and Political Rights, as well as positive aspects. Highlights include:
Croatia
The Committee underlined its concern about the prevalence of hate speech and historical revisionism relating to war crimes, including by politicians and high-level officials. The Committee was additionally concerned that criminal hate speech and hate-motivated violence are mainly prosecuted as misdemeanours and, therefore, inadequately punished. It asked Croatia to strengthen its efforts to combat hate speech and hate-motivated violence against minorities, particularly against members of the Roma and Serb minorities, non-citizens and LGBT people. It also recommended that Croatia provide special training to law enforcement officials, prosecutors and judges on the identification and prosecution of criminal hate speech, historical revisionism and other forms of hate crimes.
While welcoming Croatia’s temporary protection to people fleeing the conflict in Ukraine, the Committee was, however, concerned by reports of the denial of access to the territory and asylum procedures for people entering irregularly from Bosnia and Herzegovina and Serbia, including pushbacks and ill-treatment of migrants and asylum-seekers by border guards. It called on Croatia to ensure effective access to a fair and efficient asylum procedure for everyone in need of international protection. It also asked Croatia to ensure that all relevant officials, including border control personnel, receive adequate training on international standards, including on the principle of non-refoulement and the human rights of migrants, and that all allegations of pushbacks and ill-treatment at borders are promptly, thoroughly and independently investigated.
Honduras
While acknowledging Honduras’ numerous operations to combat crime and homicide, the Committee remained concerned that both rates are still extremely high in the country. The Committee also expressed concern over endemic violence, including extrajudicial executions and enforced disappearances, the high rate of impunity, and the lack of control over the use and possession of firearms. It urged Honduras to investigate all these violations and accelerate the process of strengthening the National Police in order to facilitate the law enforcement functions currently assumed by the armed forces.
The Committee reiterated its concern about the large scale of intimidation and violence and the high rates of killings of human rights defenders committed by both State agents and private individuals or groups. The Committee was also disturbed by the difficulties faced by victims in accessing justice, the lack of effective investigations, and the delays in judicial proceedings. It called on Honduras to adopt effective measures to protect human rights defenders, particularly environmental and land rights defenders, journalists, trade unionists, agrarian and peasant activists, indigenous peoples, Afro-descendants, and LGBTI people. The State party should also promptly and thoroughly investigate these human rights violations, bring those responsible to justice, and provide full reparations to victims.
While appreciating the measures adopted by the State party to address discrimination, the Committee was concerned about discrimination and violence against minority groups, including religious minorities, such as Muslims, Christians, and Sikhs, “scheduled castes” and “scheduled tribes”, and LGBTI people. It called upon India to adopt comprehensive legislation prohibiting discrimination, raise awareness among the general public, and provide training to civil servants, law enforcement officers, the judiciary and community leaders to promote respect for diversity.
The Committee was concerned that some provisions of the Armed Forces (Special Powers) Acts and counter-terrorism legislation are not in compliance with the Covenant. The Committee also voiced its concern over the application of counter-terrorism legislation for decades in “disturbed areas”, such as districts in Manipur, Jammu and Kashmir and Assam, 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. It urged India to comply with its obligations under the Covenant and to ensure that counter-terrorism and other security measures in 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.
Text of another report:
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