– having regard to the Charter of the United Nations,

The European Parliament,

– having regard to Article 15 of the Universal Declaration of Human Rights (UDHR),

– having regard to Article 21 of the EU Charter of Fundamental Rights,

– having regard to UN Security Council Resolution 91 (1951) on Kashmir,

– having regard to the UN report on Kashmir of 2019,

– having regard to the India-EU Strategic Partnership Joint Action Plan signed in November 2005, and to the EU-India Thematic Dialogue on Human Rights,

– having regard to the Declaration of the High-level Meeting of the UN General Assembly on the rule of law at the national and international levels and to the resolution adopted by the General Assembly on 30 November 2012 (A/RES/67/1),

– having regard to Rule 132(2) of its Rules of Procedure,

  1. whereas since the Bharatiya Janata Party (BJP) won the general election in May 2019 and Prime Minister Narendra Modi returned for a second term, the Government of India has reinforced its nationalistic orientation, discriminating against, harassing and prosecuting national and religious minorities and silencing any opposition, human rights groups, human rights defenders, and journalists critical of the government;
  1. Expresses deep concern at the fact that India has created the legal grounds to strip millions of Muslims of the fundamental right of equal access to citizenship; is concerned that the CAA could be used, along with the National Register of Citizens, to render many Muslim citizens stateless;
  2. Reminds the Government of India of its obligations under the 1992 UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, which establishes the obligation of countries to protect the existence and identity of religious minorities within their territories and to adopt appropriate measures to ensure that this is achieved; reminds the Government of India that governments are required to ensure that people belonging to minority groups, including religious minorities, may exercise their human rights without discrimination and in full equality before the law, and strongly condemns India’s violation of these internationally recognised principles;
  3. Urgently calls on the Government and Parliament of India to demonstrate their expressed commitment to fully guaranteeing the protection of refugees and migrants, irrespective of their religion;
  4. Urges the Indian authorities to engage constructively with the protestors and consider their demands to repeal the discriminatory CAA;
  5. Expresses its solidarity with the national strike held on 7 January; notes that over 250 million workers have taken to the streets to protest for social security for all, against the privatisation of public companies, and against the CAA; condemns the excessive force in the crackdown on protests; stresses that citizens have the right to protest; calls on the Government of India to establish a credible, independent investigation into allegations of excessive use of force and violence by law enforcement officials against demonstrators;
  6. Calls on the Indian authorities to stop the criminalisation of protests, to lift the disproportionate restrictions on the rights to freedom of expression and peaceful assembly, to end the indiscriminate shutdowns and to ensure the protection of all human rights;
  7. Condemns the torture and detention of minors and peaceful protestors and the imprisonment of those critical of the authorities;
  8. Urges the Indian authorities to accept visits from UN Special Procedures, in particular the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association and the UN Special rapporteur on extrajudicial, summary or arbitrary executions;
  9. Calls for the EU and Member States to condemn all violence in the context of the ongoing protests against the CAA, including the alleged killing of protestors by law enforcement officials, and all incidents of excess use of force by the police, some of which have been verified by Amnesty International India;
  10. Calls for the EU and Member States to promote the implementation of the UN Security Council resolutions on Kashmir; calls on India and Pakistan to consider the enormous human, economic and political benefits of resolving this conflict; expresses deep concern at the growing tensions between India and Pakistan, both being nuclear weapon states, which have been further fuelled by the controversial decisions of the Government of India on Kashmir and citizenship; condemns the unilateral changes made to the status of Kashmir by India; asks both sides to implement the recommendations of the UN Refugee Agency (UNHCR) report on Kashmir;
  11. Urges the EU and Member States to raise the controversial new citizenship legislation in their contacts and negotiations with their Indian partners, and insists that any EU trade agreement with India should include a strong human rights clause with an effective implementation and suspension mechanism;
  12. Calls on the Indian authorities to launch a prompt and impartial investigation into the allegations of torture and ill-treatment of peaceful protestors;
  13. Calls for the EU and its Member States to use all bilateral and multilateral meetings to urge the Indian authorities to open up to a constructive human rights dialogue and to end the crackdown on individuals and organisations working on human rights;
  14. Instructs its President to forward this resolution to the Government and Parliament of India, the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, and the European External Action Service (EEAS).

(posted by Sukla Sen)

Sukla Sen: Human rights, or rather suppression of human rights, is a matter of global concern – just not an “internal matter” of a particular country.

No better testimony to it than the United Nations Charter itself.

That’s how the Nuremberg trials – covering the Holocaust, had happened (ref.: <>).

That’s how Myanmar is, right at this point of time, in the dock over its treatment of its Rohingyas (ref.: <>.)

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