The situation of Mr. Henri Tiphagne, from the Centre for Promotion of Social Concerns (also known as People’s Watch), was included in the 2018 report of the Secretary General (A/HRC/39/41, para. 50, and Annex I, paras. 61–62). Special procedures mandate holders expressed concern at the use of the FCRA to restrict the work of non-governmental organizations seeking to cooperate with the UN (OTH 27/2017). Independent experts noted that the non-renewal of CPSC’s license was a clear case of reprisal for his cooperation with the United Nations (IND 14/2018). The refusal to renew the organization’s license to receive foreign funding was upheld by the High Court of New Delhi in January 2017, and the case was adjourned to 31 August 2018. According to information received in May 2019, the High Court of New Delhi held a last hearing on 2 May 2019 and the matter is still pending. The case had been posted to 30 July 2019.

65. 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 2019 and 2018 reports of the Secretary-General.172 Special procedures mandate holders had 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). The refusal to renew the organization’s license to receive foreign funding was upheld by the High Court of New Delhi in January 2017, and the case was adjourned to 31 August 2018, but has reportedly since remained pending. According to information received in May 2021, the High Court of New Delhi had listed, but not heard, the case 12 times before the COVID-19 lockdown commenced in India in March 2020 (between 18 August 2018 and 3 March 2020), and subsequently six times when Indian judicial operations had resumed remotely (between 3 April 2020 and 15 April 2021).

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. 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.

76. The situation of Mr. Henri Tiphagne, Executive Director of the Centre for Promotion of Social Concerns (CPSC, also known as People’s Watch), was included in the 2018, 2020, 2021 and 2022 reports of the Secretary-General. 101 Special procedures mandate holders102 have raised the case on multiple occasions, expressing concern over the use of the Foreign Contribution (Regulation) Act of 2010 (FCRA) to restrict the work of non-governmental organizations seeking to cooperate with the United Nations and noted that the postponement and further non-renewal of CPS’s license was a case of reprisal against Mr. Tiphagne in this context. The Government responded in August 2021 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.

111. The situation of Mr. Henri Tiphagne, Executive Director of the Centre for Promotion of Social Concerns (CPSC, also known as People’s Watch), has been included in the reports of the Secretary-General114 since 2020 and, prior to that, in 2018. Reportedly, the postponement and non-renewal of CPSC’s license under the Foreign Contribution (Regulation) Act of 2010 (FCRA) was a reprisal for the organization’s human rights work, including its continuous cooperation with the United Nations in the field of human rights over the years.115 According to information received by OHCHR, in relation to CPSC license renewal under the FCRA, in June and July 2023 the Central Bureau of Investigation (CBI) requested the CPSC to provide details about the rent paid for various office buildings. Reportedly, the CBI also enquired about the vehicles the CPSC owned between 2006 and 2013 and requested photographs of the speedometers and logbooks as well as clarification regarding their rental agreement. At the time of writing, the renewal of CPS’s licence was still pending in the Delhi High Court.

112. On 5 July 2024, the Government responded to the note verbale sent in connection to the present report noting its commitment to meaningful engagement with the United Nations system in the spirit of constructive dialogue and cooperation. The Government referred to its previous replies on the cases above which it trusted would be taken into consideration. The Government noted its commitment to ensuring a safe working environment for people engaged in the promotion and protection of human rights as long as their activities are in conformity with the national legislation.