Introduction
The Panel of Independent International Experts examined evidence of alleged violations committed against Muslims in India since 2019, to determine whether international law had been violated.
The Panel was made up of :
- Sonja Biserko (Serbia), Member, Helsinki Committee for Human Rights in Serbia, and member of UN Human Rights Investigation into North Korea (2014).
- Marzuki Darusman (Indonesia), Ex Prosecutor General of Indonesia, Chair of the UN Panel of Experts on Sri Lanka, and Chair of the UN Fact Finding Mission on Myanmar.
- Stephen Rapp (USA), Former Chief of Prosecutions, International Criminal Tribunal for Rwanda; Chief Prosecutor, Special Court for Sierra Leone; former US Ambassador-at- Large for War Crimes Issues.
The Panel was supported by Fatou Bensouda (The Gambia), former Chief Prosecutor of the International Criminal Court and chair, UN Commission of Human Rights Experts on Ethiopia.
“I endorse the two goals emphasised in the report, namely, accountability for past crimes and prevention of future atrocity crimes. The report makes a timely call to the international community to act on the early-warning signs emerging in India by invoking the wide range of measures at their disposal to protect the rights of the Muslim minority.”
FOREWORD BY NAVI PILLAI, former UN High Commissioner for Human Rights
Key Findings
- There is credible evidence to suggest that a wide range of international human rights have been violated by the Indian authorities against Muslims across the country, especially in BJP-ruled or controlled states of Assam, Jammu & Kashmir, Karnataka and Uttar Pradesh.
- These include arbitrary deprivation of life, arbitrary detention, torture and inhumane treatment, incitement to violence, discrimination in law and policies, FoRB violations, violations of freedoms of expression, association and assembly, violations of fair trial rights as well as of economic, social and cultural rights
- In addition, some episodes of violence in Uttar Pradesh and Jammu & Kashmir may amount to crimes against humanity and war crimes, while some hate speech may amount to incitement to commit genocide.
- Taken together, the situation shows a state-led, systematic targeting and marginalising of Muslims because of their religion and their status as a minority.
- Most violations have remained unaddressed by domestic institutions, leaving victims with no effective remedy. Law enforcement authorities rarely take action to investigate independently. No form of reparation has been provided to victims. The Indian judiciary including the highest, has remained passive, despite the urgent need for intervention. National Human Rights Commission has remained a dead letter.
- In light of this, there is serious concern that Muslims in India, numbering close to 220 million, have become a persecuted minority, especially in BJP-ruled or controlled states of Assam, Jammu & Kashmir and Uttar Pradesh.
Key Recommendations
To the Government of India
- Amend the Citizenship Amendment Act 2019, to remove discriminatory provisions; Urgently commence Assam NRC appeals process, ensuring that Foreigners Tribunals follow robust protocols and procedures; Restore the special status of Jammu & Kashmir, including those contained in the erstwhile Article 370 and Article 35A of the Constitution.
- Conduct effective, independent and impartial investigations, and where merited, prosecutions of international crimes and serious human rights violations committed against Muslims that amount to criminal offence under the domestic laws.
- Provide adequate, accessible and effective reparation to victims of serious human rights violations.
- Develop and implement measures at all levels of the state and in the general public to prevent future human rights violations and marginalisation of Muslims.
To the Supreme Court of India
- Ensure independent, effective and expedient resolution of cases challenging the constitutional validity of laws impacting Muslims as a religious minority.
- Monitor and review actions of investigating authorities in cases involving serious violations of international human rights law.
- Provide effective remedies to victims of serious human rights violations.
To media and social media companies
- Take proactive ‘zero tolerance’ steps against hate speech.
- Launch early warning system to protect vulnerable minorities
- Conduct and publish human rights audits of the impact of operations on minorities.
- Abide by the UN Guiding Principles on Business and Human Rights
To the Human Rights Council and the United Nations system:
- Mandate an independent fact-finding body to investigate past and ongoing human rights violations against Muslims in India.
- Establish a territorial mandate of a Special Rapporteur on religious minorities in India.
- Actively and visibly monitor and report serious human rights violations against Muslims and other vulnerable religious minorities in India.
For the Governments of other states
- Monitor the human rights situation in India, and publicly call out violations
- Use available diplomatic or economic leverage to urge India to protect Muslims and other minorities.
- Exercise instruments available to hold perpetrators of serious human rights violations and international crimes to account.