A/HRC/51/47
83.
On 1 December 2021, special procedures mandate holders addressed allegations of
raids, confiscation of materials and equipment and the arbitrary arrest on 22 November 2021
of Mr. Parvez on charges related to conspiracy and terrorism under the Criminal Code and
the Unlawful Activities prevention (UAP) Act (IND 19/2021). If convicted, Mr. Parvez could
reportedly face up to 14 years in prison and the death penalty. Mandate holders expressed
concern that, in his search for accountability, Mr. Parvez has been the victim of a number of
incidents of reprisals, reportedly for sharing this information with the United Nations.108 On
5 January 2022, the Government responded, the details of which were not made public due
to their confidential nature.109 According to information received by OHCHR, as a result of
increased surveillance, online and offline, and police questioning and intimidation of JKCCS
staff and associated personnel, their human rights work has been impacted. Since 2020,
JKCSS has not issued any public reports on the human rights situation in the Indianadministered Kashmir and Pakistan-administered Kashmir. Names and details of those
concerned are withheld for fear of further reprisals.
84.
The situation of Mr. Henri Tiphagne, from the Centre for Promotion of Social
Concerns (CPSC, also known as People’s Watch), was included in the 2018, 2019 and
2021 reports of the Secretary-General. 110 Special procedures mandate holders expressed
concern at the use of the Foreign Contribution (Regulation) Act of 2010 (FCRA) to restrict
the work of non-governmental organizations seeking to cooperate with the UN (OTH
27/2017), and noted that the non-renewal of CPSC’s license was a clear case of reprisal for
Mr. Tiphagne’s cooperation with the UN (IND 14/2018). In August 2021, the Government
responded stating that the FCRA was enacted to regulate the acceptance and utilization of
foreign contributions and ensure that these funds are not detrimental to the national interest.
The Financial Action Task Force requires that non-profit organizations not be used for the
financing of terrorism.
85.
According to information received, the case of the renewal of the license to receive
foreign funding remains pending at the High Court of New Delhi. The last time it was
reportedly listed was on 14 March 2022, but it was reportedly not heard then. On 6 January
2022, the Central Bureau of Investigation (CBI) filed a First Information Report (FIR) under
several provisions of the Criminal Code and the FCRA. Under the FIR, the CPSC trustees
are designated as the first accused, People’s Watch Program Unit of CPSC and Mr. Tiphagne
are the second, and the third accused are unknown person(s) which reportedly opens the
possibility to include the name of anyone associated with CPSC. In January and February
2022, officers from the CBI allegedly conducted searches with warrant in the CPSC-People’s
Watch premises. On 21 January 2022, following the first search by the CBI, a complaint was
filed with the National Human Rights Commission of India requesting its intervention, but it
was reportedly dismissed on grounds that the case is pending adjudication by the High Court
of Delhi.
86.
The situation of the International Dalit Solidarity Network (IDSN), a Denmarkbased NGO working against caste-based discrimination and for the rights of Dalits, was
included in the 2020 and 2021 reports of the Secretary-General. 111 Since 2008, IDSN
application for consultative status with the ECOSOC has been repeatedly deferred, limiting
its engagement with the United Nations. IDSN has reportedly the longest pending application
in the history of the Committee, with 32 deferrals, after having received over 100 written
questions from the Government of India, to which IDSN has answered. In August 2021, the
Government stated that it is not aware of any incident of reprisal or intimidation against this
organization, and that legitimate scrutiny of an application for a special status with the United
Nations cannot be termed as a ‘reprisal.112
108
109
110
111
112
54
https://www.ohchr.org/en/press-releases/2021/12/un-experts-urge-indian-authorities-stop-targetingkashmiri-human-rights.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36734.
A/HRC/39/41, para. 50, and Annex I, paras. 61–62; A/HRC/42/30, para. 58 and Annex II, para. 58;
A/HRC/48/28, Annex II para. 65.
A/HRC/45/36, para. 75 and Annex I, paras. 58–59; A/HRC/48/28, Annex II para. 69.
A/HRC/48/28, Annex II, para. 70.