A/HRC/43/51/Add.3
environmental organizations in India. In regard to the allegations concerning the
Government’s actions against Greenpeace India and Amnesty India, the Special Rapporteur
thanks the Government for its reply, dated 30 December 2019, which states that these two
organisations have been assessed to have violated the FCRA and that the matter remains
under investigation. The Government’s reply nonetheless fails to address many of the
concerns raised in IND 28/2018, including in regard to the substance of the FCRA, a law that
Special Rapporteurs have previously considered to be incompatible with international human
rights standards.
371. The FCRA has been used in other cases of alleged repression of individual human
rights defenders and NGOs during the reporting period, notably in relation to the human
rights NGO Lawyers Collective (IND 15/2019), and the Centre for Social Development (IND
18/2019), which works to defend the rights of indigenous peoples in North East India. The
Special Rapporteur expresses particular concern at the ongoing intimidation against CSD’s
staff and their family members, including a recent attempted shooting of the daughter of
CSD’s Secretary, which appears to be linked to his work in defence of human rights and his
engagement with the UN in the field of human rights.
372. The Special Rapporteur regrets the lack of response to his communication (IND
1/2019) regarding the attack committed against indigenous peoples defenders Ms. Agnes
Kharshiing, Ms. Amita Sangma, and Mr. E. Kurbah, in East Jaintia Hills, Meghalaya state.
While a number of individuals were arrested, it appears no one has been convicted for this
brutal mob attack which appears to have been an orchestrated attack. The attack seems to fit
a pattern of violent attacks and murders committed against those seeking to halt illegal mining
activities in the area.
373. The Special Rapporteur remains gravely concerned by the alleged extrajudicial
executions of 15 Muslim individuals by the police in the State of Uttar Pradesh (IND
27/2018), in the form of “fake encounter killings”. He also deplores the alleged harassment
and threats against family members of those killed, and human rights defenders working on
these and other similar cases, namely Mr. Rajeev Yadav and Mr. Akram Akhtar Chaudhary.
374. Regarding communication IND 9/2019 which relates to the alleged enforced
disappearance of the environmental human rights defender Mr. Shanmugam Thangasamy
(also known as RS Mugilan), the Special Rapporteur acknowledges the Government’s letter
dated 30 December 2019, which is presented as a reply to this and another communication
(IND 12/2018), although it fails to address the case of Mr. Thangasamy.
375. Among the multiple allegations of grave human rights abuses in the former state of
Jammu and Kashmir raised by Special Rapporteurs in their Joint Communication IND
16/2019, following the revocation of its special autonomous status and subsequent
bifurcation in August 2019, numerous human rights defenders have reportedly been
arbitrarily detained. The Special Rapporteur regrets the absence of a Government reply to
this communication to date.
376. The allegations sent during the reporting period appear to indicate a pattern of
repression which aims to silence human rights defenders who legitimately carry out their
human rights work, particularly those working on environmental, indigenous, and religious
minority issues. The Special Rapporteur calls on the Government of India to take the
necessary measures to provide an enabling and safe environment for human rights defenders
to carry out their work, and ensure that any violations of their rights are vigorously
prosecuted.
Indonesia
377.
JAL 06/02/2019
Case no: IDN 1∕2019
State reply: none to date
Allegations concerning the alleged failure to protect against human rights abuses
linked to coal mining operations in East Kalimantan Province, including violations of
rights to life, to water and sanitation, to food, and to a clean and safe environment.
378.
54
JAL 18/02/2019
Case no: IDN 3/2019
State reply: 8 Mar 2019
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