News
UN Human Rights Chief slams India for stifling NGOs’ voices
BY S VENKAT NARAYAN
Our Special Correspondent
NEW DELHI, October 20:
United Nations Human Rights Chief Michelle Bachelet on Tuesday expressed regret at the tightening of space for human rights NGOs in India by applying vaguely worded laws that constrain their activities and restrict foreign funding.
Bachelet asked the Indian government to safeguard the rights of human rights defenders and NGOs, and their ability to carry on with their work on behalf of the groups they represent.
“India has long had a strong civil society, which has been at the forefront of ground-breaking human rights advocacy within the country and globally,” she said.
“But I am concerned that vaguely defined laws are increasingly being used to stifle these voices.”
In a statement, Bachelet specifically cited as “worrying” the use of the Foreign Contribution Regulation Act (FCRA), which a number of UN human rights bodies have expressed concern about, because it is “vaguely worded and overbroad in its objective”.
The act prohibits the receipt of foreign funds “for any activities prejudicial to the public interest”. The act, which was adopted in 2010 and amended last month, has had a “detrimental impact on the right to freedom of association and expression of human rights NGOs, and as a result on their ability to serve as effective advocates to protect and promote human rights in India”, the statement said.
There was no immediate response from Indian officials to Bachelet’s comments.
The statement said it was expected that the new amendments to FCRA will create “even more administrative and practical hurdles for such advocacy-based NGOs”. The statement noted that Amnesty International was compelled to close its offices in India after its bank accounts were frozen over alleged violation of FCRA.
“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 organisations that have engaged with UN human rights bodies,” Bachelet said.
“I am concerned that such actions based on the grounds of vaguely defined ‘public interest’ leave this law open to abuse, and that it is indeed actually being used to deter or punish NGOs for human rights reporting and advocacy that the authorities perceive as critical in nature. Constructive criticism is the lifeblood of democracy. Even if the authorities find it uncomfortable, it should never be criminalised or outlawed in this way,” she added.
The statement noted that activists and human rights defenders had come under mounting pressure in India in recent months, particularly over mass protests against the Citizenship (Amendment) Act across the country earlier this year.
“More than 1,500 people have reportedly been arrested in relation to the protests, with many charged under the Unlawful Activities Prevention Act—a law which has also been widely criticised for its lack of conformity with international human rights standards,” the statement said.
Charges have been filed under this law against individuals in connection with demonstrations dating back to 2018, including the 83-year-old Catholic priest Stan Swamy, whom the statement described as a long-standing activist engaged in defending the rights of marginalised groups.
“I urge the government to ensure that no one else is detained for exercising their rights to freedom of expression and peaceful assembly – and to do its utmost, in law and policy, to protect India’s robust civil society,” Bachelet said.
“I also urge the authorities to carefully review the FCRA for its compliance with international human rights standards and to release people charged under the Unlawful Activities Prevention Act for simply exercising basic human rights that India is obligated to protect.”
News
Prison rules to be revised over monks’ attire
Appointment of committee eyewash, says UNP
The government is considering changes to prison regulations pertaining to the treatment of Buddhist monks serving jail terms, including their right to wear monastic robes when taken outside prison.
Justice and National Integration Minister Harshana Nanayakkara announced the proposed changes yesterday (14) following the submission of an interim report by a committee appointed to review the rules and procedures governing prisons.
The report was handed over to Secretary to the President Dr Nandika Sanath Kumanayake at the Presidential Secretariat.
One of the key recommendations is to amend Prison Standing Order 356 by introducing a new provision, 356(A). The proposed revision would require prison authorities to consult the Department of Buddhist Affairs on the removal of a monk’s robes upon admission to prison. The Commissioner of Prisons would be allowed 10 days to notify the department and take the necessary steps.
A separate amendment to Departmental Order 550 would allow Buddhist monks to wear their robes whenever they are taken outside prison, unless their respective Nikaya formally requests that the privilege be withdrawn.
The committee has also recommended extending similar arrangements, with suitable modifications, to members of other religious clergy who are imprisoned.
The proposals follow concerns raised over the treatment of Ven. Galagoda Aththe Gnanasara Thera after he was taken into custody. President Anura Kumara Dissanayake subsequently held discussions with representatives of the three main Buddhist Nikayas and appointed the committee to examine the existing legal framework.
Nanayakkara said the interim report had been forwarded to the Acting Commissioner General of Prisons, along with instructions to revise the relevant standing orders in accordance with its recommendations.
The proposed amendments have yet to be confirmed as formally implemented.
Meanwhile, the UNP yesterday criticised the government’s decision to appoint a committee to make recommendations on the attire to be worn by imprisoned Buddhist monks and other religious leaders when taken outside prison, describing the move as unnecessary.
In a statement issued yesterday (14), the UNP said the procedures governing the matter were already clearly set out in the Department of Prisons’ Standing Orders, making the appointment of a separate committee unwarranted.
The party cited remarks by Professor G.L. Peiris, Convenor of the Janathawadi Joint Opposition, who had described the committee’s appointment as a
“complete eyewash” and questioned the need for such a move.
Referring to Standing Order 550 of the Prisons Department, the UNP said convicted prisoners appearing before court for legal proceedings should not be required to wear prison uniforms.
It further stated that the regulations allowed prisoners to wear civilian clothing consistent with what they wore before imprisonment, including attire appropriate to their cultural and religious backgrounds.
The UNP accused the government of unnecessarily prolonging the issue by appointing a committee, despite the existence of regulations governing prisoners’ attire.
The party also called on the government to seek forgiveness from the Mahanayake Thera and the Sangha Council of the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabha of the Siyam Maha Nikaya over the decision concerning the religious attire of Ven. Galagoda Aththe Gnanasara Thera.
News
AC President recuses himself from hearing prison attire case pertaining to Gnanasara Thera
Court of Appeal President Justice Rohantha Abeysuriya yesterday withdrew from the bench hearing petitions challenging the decision by prison authorities to require Ven. Galagoda Aththe Gnanasara Thera to wear prison attire following his imprisonment.
The decision was announced when the petitions seeking to invalidate the prison authorities’ decision were taken up for consideration on October 14.
Following his withdrawal, a three-judge bench was appointed to hear the petitions.
The petitions relate to the prison authorities’ decision to require Gnanasara Thera to wear prison attire after he was taken into custody to serve the remainder of his sentence for contempt of court.
In September this year, the Supreme Court annulled the presidential pardon granted to Gnanasara Thera by former President Maithripala Sirisena in May 2019.
Following the ruling, the Court of Appeal directed the Commissioner General of Prisons to take the necessary steps to enforce the remainder of the monk’s prison sentence.
Gnanasara Thera had originally been sentenced to six years’ imprisonment for contempt of court but had served only around nine months before receiving the presidential pardon in 2019.
News
Court orders steps to obtain INTERPOL Red Notice against Basil
The Fort Magistrate’s Court yesterday issued an arrest warrant for former Minister Basil Rajapaksa over the alleged misuse of funds belonging to the Sri Lanka Tourism Promotion Bureau during the 2014 Uva Provincial Council election.
The Magistrate also directed the CID Illegal Assets Investigation Division to take necessary steps to obtain a Red Notice through Interpol.
The orders were issued following submissions made by the CID in connection with the alleged financial irregularities.
The CID’s Illegal Assets Investigation Unit informed the court that Rs. 7.8 million allocated to the Sri Lanka Tourism Promotion Bureau in 2014 had allegedly not been used for the Bureau’s promotional activities.
Instead, the funds had allegedly been used to provide 12,000 T-shirts during the Uva Provincial Council election, causing a financial loss to the government, the CID told court.
-
News6 days agoNDB fraud Rs 60mn more than reported
-
News6 days agoRemoving monk’s robes matter for Sangha to decide: Mahanayake Theras
-
News4 days agoSri Lanka escalates anti-graft drive with Shiranthi’s jailing
-
News5 days agoNPP govt. reminded of its responsibilities as US warship leaves Colombo
-
Latest News5 days agoFarhan, Sadaqat help Pakistan ace 183 chase to go 1-0 up
-
News6 days agoBHC, Colombo: “LTTE remains a proscribed org. in the UK”
-
Latest News3 days agoFarhan and Sadaqat help Pakistan seal series in style
-
News4 days agoIranian ships stranded, Lanka fears US sanctions
