UPR raises concerns on AFSPA, human rights
Source: The Sangai Express

Imphal, November 22 2022: Five countries including the United States raised the issue of Armed Forces Special Powers Act, 1958 during the UN Human Right Council's 4th cycle of the Universal Periodic Review (UPR) on November 10 held at Geneva, said Babloo Loitongbam, director of Human Rights Alert (HRA) .

Speaking to media persons at the Kwakeithel Thiyam Leikai office of HRA today, Babloo Loitongbam said that he and Khuraijam Athouba representing International Peace and Social Advancement (IPSA) were a part of the 4th cycle of the Universal Periodic Review submitted before the UN Human Rights Council.

As done in the previous 2nd and 3rd cycles, the Civil Society Coalition on Human Rights in Manipur and the United Nations submitted a stakeholder report for the 4th cycle of Universal Periodic Review in March.

During the review, India's human rights record were reviewed and 130 member States made 339 recommendations highlighting some of the urgent human rights concerns in the country for protection of the minorities and vulnerable group, tackling gender based violence, upholding civil society freedom, protecting human right defenders and ending torture in custody, Babloo said.

Countries like Estonia, Canada, Croatia, Czechia, Costa Rica, Brazil, Belgium, Lithuania and Greece recommend India to respect freedom of expression while Paraguay recommended ratification of Indigenous and Tribal People's Convention 1989 (ILO Convention 169).Five countries Germany, United States, Norway, Belgium and Pakistan raised concern about the Armed Forces Special Powers Act (AFSPA) during the session.

Germany and the United States raised the issue of Armed Forces Special Powers Act (AFSPA) in the advance question round prior to the session and countries including Norway, Belgium and Pakistan raised concern over the Act during the review session later.

Germany asked if India was considering revision of the AFSPA with a view to bringing it into compliances with obligations under the international covenant on civil and political rights and fighting impunity.

Noting India's 'rollback' of the Armed Forces Special Powers Act 'to promote accountability and justice', the USA said it was concerned about the Section 197 of the Indian Code of Criminal Procedure, which does not fully address accountability for security forces and prevents victims from accessing justice.

During the session, USA sought ratification of the 'convention against torture' and prosecute those responsible for human right abuses.

While Norway urged India to consider reducing the Act's geographical scope, Belgium called for withdrawal of the Armed Forces Special Powers Act from the districts where it remains fully or partially in jurisdiction.

Pakistan called for repeal of the AFSPA, the Jammu and Kashmir Public Safety Act, National Security Act (NSA), Citizenship (Amendment) Act 2019 and the National Register of Citizens.

It may be noted that in its National report submitted to the United Nations ahead of its UPR review, the Indian Government claimed "it is firmly committed to the promotion and protection of human rights".

Babloo further said 11 cases of 'extrajudicial killings' are pending before Court at present in the State as no prosecution sanction has been granted against the para military and army personnel under the AFSPA.

The civil society organisations of the North-East region engaging with the UPR process hope that the Government of India not only simply takes note of the recommendations made by the countries in the UPR but also accept them.

What actually matters to the citizens is the protection of human rights on the ground, he added.

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