General comments made by other relevant stakeholders

3. General comments made by other relevant stakeholders

410. The International Movement against Discrimination and All Forms of Racism, Lutheran World Federation, Pax Romana and the Commission of the Churches of International Affairs of the World Council of Churches, in a joint statement, noted the recommendations made by a number of States in the outcome report, which addressed the issue of caste-based discrimination, giving a strong message to India about the international concern at the persistence of this form of discrimination affecting more than 167 million Dalits daily. They welcomed India’s acceptance to take into account the recommendations made by treaty bodies and special procedures in developing its national action plan for human rights. They looked forward to the inclusion in this plan of measures to combat severe violations of Dalit rights and for the expansion and improvement of existing statistics on scheduled castes. An appeal was made to the Indian Government to effectively utilize the universal periodic review and its follow-up to strengthen human rights education initiatives, especially to address gender-based discrimination and to respond to the concerns of the Council regarding caste based discrimination.

411. Action Canada for Population and Development, the Federation for Women and Family Planning and the Latin American Committee for the Defence of Women Rights, in a joint statement, noted their appreciation for the statement of the Indian Government as reflected in paragraph 84 of the Working Group outcome report and welcomed the understanding that it is not homosexuality, but homophobia which is a western import. The Indian Government was urged to do more on this issue, including by enacting civil rights legislation banning discrimination on the grounds of sexual orientation and gender identity and repealing section 377 of the Indian Criminal Code.

412. The International Human Rights Association of American Minorities referred to recommendations made, including that India ratify the International Convention on the Protection of All Persons from Enforced Disappearance, stating that persons had disappeared in territories under India’s control and mass graves had recently been found in Jammu and Kashmir. Noting the relevance of the recommendation that India should immediately receive the Special Rapporteur on the question of torture, it stated that persons belonging to minority groups were incarcerated on unsubstantiated charges of terrorism. The importance of the issue of impunity was also highlighted, in particular with regard to the killings of Muslims in the Gujarat massacre in 2002, as well as the call for extending a standing invitation to all special procedures in the context of the situation in Jammu and Kashmir and the North East, and in relation to Muslims and Dalits.

413. Amnesty International questioned the statement made by India that the National Human Rights Commission is as powerful and independent as India’s Supreme Court, expressed its concern about the independence and authority of the Commission since its establishment in 1993 and following the 2006 amendments to the Protection of Human Rights Act, and called on the Government to give the Commission more authority, a broader mandate and adequate resources. Amnesty International stated, inter alia, that the Armed Forces Special Powers Act continued to grant de facto impunity to members of the armed forces. It called on the Government to commit itself to ending impunity for human rights violations by the police and security forces and to remove all legislative provisions which might prevent accountability for such violations.

414. The International Islamic Federation of Student Organizations referred to concerns about torture, summary executions and minority rights mentioned in the recommendations made for India. It highlighted the need to ratify the Convention against Torture and to give the Special Rapporteur on the question of torture access to India to investigate pending complaints. The issue of impunity was also stressed, particularly in regard to the killings of Sikhs in 1984 and the massacre of Muslims in 2002.

415. Interfaith International stated that torture is a prevalent issue in India and is a tool frequently used against minorities and low castes in order to extract desired confessions. It stated that it will be in order for India to ratify the Convention against Torture as well as to provide the Special Rapporteur on the question of torture with unhindered access to India to investigate complaints of torture particularly in the North East of India and the Punjab. Discrimination against low castes and the need to recognize casteism as a form of racism were also highlighted as issues for India to address. Reference was made to the work of the Government appointed committee to investigate the issue of impunity under the Armed Forces Act, which recommended the Act’s abrogation and that this recommendation had not yet been implemented. It stated that the issue of impunity was associated with the killings of Sikhs in 1984 and the massacre of Muslims in Gujarat in 2002. It recommended that all special procedures pay increased attention to these issues.