A/HRC/48/28
restrict foreign funding, including the FCRA. 31 She stated that 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.”32
As regards 2020 amendments to the FCRA, the High Commissioner further expressed
concern that “actions based on the grounds of vaguely defined ‘public interest’ leave this law
open to abuse, and that it is being used to deter or punish NGOs for human rights reporting
and advocacy that the authorities perceive as critical in nature.”33 She urged the authorities
to carefully review the FCRA for its compliance with international human rights standards.
40.
On 16 March 2021, special procedures mandate holders raised concern about
allegations of arbitrary detention, enforced disappearance, torture and ill-treatment of Mr.
Waheed Ur Rehman Para and other civil society actors, and reprisals against Mr. Para by
Indian intelligence following his engagement with members of the UN Security Council
(IND 4/2021). On 30 July 2020, Mr. Para had engaged with UN Security Council members
in a closed virtual meeting where he raised issues related to the Government of India’s actions
in Jammu and Kashmir, its treatment of Muslim minorities, and the recent border tensions
with China. Following this engagement, Mr. Para reportedly received threats from National
Investigation Agency (NIA) officials indicating that he was inviting trouble by engaging in
such events.
41.
According to information received, on 25 November 2020, Mr. Para was arrested by
the NIA on alleged terrorism charges and held in their custody for one month at its
headquarters in New Delhi. While in NIA custody, Mr. Para was reportedly interrogated
about the meeting with Security Council members and threatened to cease speaking against
the Government. He was held in a dark underground cell at sub-zero temperature, where he
was allegedly deprived of sleep, seriously physically assaulted, including beaten with rods,
stripped naked and hung upside down. On 11 January 2021, Mr. Para was charged in relation
to financial support to terrorist groups and transferred to Srinagar under the custody of
Counter-Intelligence in Kashmir. He reportedly appeared before court with a lawyer for a
bail hearing, which was denied. As of May 2021, he remains in remand.
42.
On 20 August 2021, the Government responded to the note verbale sent in connection
to the present report, vehemently denying the alleged arbitrary detention, enforced
disappearance and torture and ill-treatment against Mr. Para by the NIA. It stated that the
Agency’s actions should be seen as part of the Government’s efforts to combat terrorism
financing. The matter is currently sub judice before the competent court and, in the meantime,
Mr. Para has been provided medical assistance and was allowed to meet his counsel while in
police custody.
11.
Indonesia
43.
OHCHR has received reports of individuals and communities targeted for cooperation
and sharing information with the UN. Previous incidents have not been included in the annual
report of the Secretary-General due to concerns that once an individual or organization is
seen or perceived as cooperating with OHCHR or UN human rights mechanisms, this
exposure can lead to further harm. Individuals cooperating with the UN have reportedly been
subject to threats, harassment and surveillance by government, non-State and private actors,
including business enterprises, and local political actors, especially those individuals
reporting on indigenous communities and land-related rights such as extractive,
infrastructure, and agribusiness projects.
44.
On 26 June 2020, special procedures mandate holders addressed concerns about the
criminalization and intimidation of human rights defenders in the Papua and West Papua
provinces (IDN 2/2020). 34 In particular, they drew attention to the alleged intimidation
31
32
33
34
https://www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=26398&LangID=E.
Ibid.
Ibid.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35417.
29