Geneva: India faced severe criticism about its poor human rights records from over 100 countries during the 3rd universal periodic review (UPR) at the UN Human Rights Council (UNHRC) in Geneva, media reports said. According to KMS, India was under the spotlight for the third time during the UPR at the UNHRC on May 4, 2017. Around 110 nations spoke for about one minute each during the afternoon session, but several had also submitted written questions earlier. They criticized India for use of brute force by its forces’ personnel, internet shutdowns, restrictions on civil society, and failure to ratify the relevant Convention against Torture (CAT). The report will be formally adopted on May 9.
Following are some of the highlights of the 3rd universal periodic review of India:Use of excessive force by forces’ personnel The US criticised the continued impunity for human rights violations enjoyed by Indian forces’ personnel under the Armed Forces Special Powers Act (AFSPA). The delegate of Switzerland said that India should revise the AFSPA “to bring it into line with the obligations of the International Covenant on Civil and Political Rights to combat impunityâ€. The repeal of the AFSPA had been recommended at the previous UPR cycle in 2012 and, therefore, it was no surprise that it made its appearance during the current review. Pakistan, besides demanding repeal of the AFSPA, raised the matter of use of force by Indian forces’ personnel, called on India to ban pellet guns and allow for an UNHRC investigative group to visit occupied Kashmir. Ratification of Convention against Torture.Germany asserted that India should swiftly ratify the Convention against Torture (CAT) and its optional protocol, ensure that domestic legislation defines torture in line with international standards, and extend an invitation to the special rapporteur on torture for an official visit to the country.According to Indian media watchdog The Hoot, internet was shut down 31 times in various regions of India in 2016. This year, the internet has already been shut down 14 times. During the UPR, there was disquiet among various countries about restrictions in India on activists and human rights defenders, which was reflected in their interventions. The US, Norway, Australia, Germany, Ireland and the Czech Republic were among the dozen countries to raise the issue about the clampdown on foreign funds for voluntary agencies.
Ireland urged India to review the Foreign Contribution Regulation Act (FCRA) in light of its negative impact on civil society and to give special attention to human rights defenders working with minority rights, journalists and children.
Similarly, the German delegate said that his country was “worried about the continued social hardship endured especially by marginalised groups, and is concerned about restrictions on civil societyâ€. “Amend the Foreign Contribution Regulation Act to ensure the right to freedom of association, which includes the ability of civil society organisations to access foreign funding, and protect human rights defenders effectively against harassment and intimidation,†Germany recommended.
