UN experts: Risk of statelessness
for millions and instability in Assam, India
GENEVA (3 July 2019) – UN experts* today
expressed their grave concern over the ongoing update of the National Register
of Citizens in Assam, India, and its potential to harm millions of people, most
of whom belong to minorities.
The experts also issued warnings on
the rise of hate speech directed against these minorities in social media, and
the potential destabilising effects of the marginalisation and uncertainties
facing millions in this part of the country.
“This process may exacerbate the
xenophobic climate while fuelling religious intolerance and discrimination in
the country,” warned the experts.
In June 2018, more than 4 million
people in Assam were excluded from the amended draft National Register of
Citizens (NRC) list, in particular Muslims and Hindus of Bengali descent. Since
then, more than 3 million revision claims have been filed by those excluded,
while an additional 200,000 objections have been added against individuals
previously included.
The deadline for the publication of
the final NRC list is set for 31 July 2019. It is reported that those excluded
from that list will be referred to the Foreigners’ Tribunals in Assam, where,
according to Section 9 of the 1946 Foreigners Act, they will have to prove that
they are not “irregular foreigners”.
“We are seriously concerned over
the current implementation of the NRC update in Assam and its potentially
far-reaching consequences for millions of people, in particular persons
belonging to minorities who risk of statelessness, deportation or prolonged
detention,” the experts said.
“In nationality determination
processes, the burden of proof should lie with the State and not with the
individual” said the experts, noting the discriminative and arbitrary nature of
the current legal system.
“It is regrettable that the
deadline for the publication of the final NRC list remains the 31 July 2019,
despite the significant number of pending revision claims and objections, the
complex NRC modalities, uncertainties about the membership of Foreign Tribunals
and their procedures, as well as the reported inconsistencies and errors.”
The experts also highlighted the
lack of clarity in the link between the NRC process, electoral roll information
and the separate judicial processes of citizenship determination before the
Assam Foreigners’ Tribunals. “This adds to the complexity of the whole process
and opens the door to arbitrariness and bias.”
Serious concerns were also raised
over the reported intention of the Indian authorities to replicate the NRC
model in other parts of the country, in particular following the adoption by
the Mizoram state legislature, in March this year, of a bill aiming at creating
separate registers for “residents” and “non-residents”.
The experts said they had not
received any response from the Indian Government over their concerns and
repeated calls for clarification on the NRC process.
“We call on the Indian authorities
to take resolute action to review the implementation of the NRC and other
similar processes in Assam and in other states, and to ensure that they do not
result in statelessness, discriminatory or arbitrary deprivation or denial of
nationality, mass expulsion, and arbitrary detention,” the experts said.
ENDS
* The experts: Mr. Ahmed Shaheed,
Special Rapporteur on freedom of religion or belief; Mr. Fernand de Varennes,
Special Rapporteur on minority issues; Ms E. Tendayi Achiume, SpecialRapporteur on contemporary forms of racism, racial discrimination, xenophobiaand related intolerance.
For further details on the concerns
of Special Procedures with the NRC, see also previous communications by Special
Procedures to the Government of India: OL IND 11/2019 of 27 May 2019, OL IND29/2018 of 13 December 2018 and IND 13/2018 of 11 June 2018.
The Special Rapporteurs and
Independent Experts are part of the Special Procedures--- of the Human Rights
Council. Special Procedures, the largest body of independent experts in the UN
Human Rights system, is the general name of the Council’s independent
fact-finding and monitoring mechanisms that address either specific country
situations or thematic issues in all parts of the world. Special Procedures’
experts work on a voluntary basis; they are not UN staff and do not receive a
salary for their work. They are independent from any government or organization
and serve in their individual capacity.
For more information and media
requests please contact: Mr. Damianos Serefidis (+41 22 917 54 88 /
dserefidis@ohchr.org) or write to minorityissues@ohchr.org.
For media inquiries related to
other UN independent experts please contact: Mr. Jeremy Laurence (+41 22 917 93
83 / jlaurence@ohchr.org)
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