Geneva, 20 October, 2020: Raising the concern over the recent change made in Foreign Contribution Regulation Act (FCRA), United Nations High Commissioner for Human Rights Michelle Bachelet on Tuesday appealed to the Government of India to safeguard the rights of human rights defenders and NGOs, and their ability to carry out their crucial work on behalf of the many groups they represent.
Bachelet expressed regret at the tightening of space for human rights NGOs in particular, including by the application of vaguely worded laws that constrain NGOs’ activities and restrict foreign funding.
"India has long had a strong civil society, which has been at the forefront of groundbreaking human rights advocacy within the country and globally," the High Commissioner said. "But I am concerned that vaguely defined laws are increasingly being used to stifle these voices."
Bachelet cited as worrying the use of the Foreign Contribution Regulation Act (FCRA), which a number of UN human rights bodies have also expressed concern is vaguely worded and overbroad in its objective.
The Act, which was adopted in 2010 and was amended last 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.
It is expected that the new amendments will create even more administrative and practical hurdles for such advocacy-based NGOs, says several representatives from NGO world.
Most recently, Amnesty International was compelled to close its offices in India after its bank accounts were frozen over alleged violation of the 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 organizations that have engaged with UN human rights bodies," Bachelet said.
Earlier this year, in a welcome development for advocacy-based NGOs, India’s Supreme Court significantly narrowed the definition of what constitutes a "political activity" under the FCRA. "I encourage India’s national institutions to strengthen the social and legal protections that enable civil society to function freely and contribute to progress," the High Commissioner said.
Bachelet said the UN Human Rights Office would continue to closely engage with the Government of India on issues relating to the promotion and protection of human rights, and will also continue to monitor developments that positively and negatively affect civic space and fundamental rights and freedoms.
