UNITED NATIONS HUMAN RIGHTS REPORT APPREHENDS THREAT ON BENGALI MUSLIM MINORITY IN ASSAM

We are concerned that the discrimination against Bengali Muslim is predicted to escalate as a result of the NRC: Mandates of Special Rapporteur, UN

The mandate of the Special Rapporteur of Human Rights, United Nations states that the NRC update has generated increased anxiety and concern among the Bengali Muslim minority in Assam, who according the report have long been discriminated against due to their perceived status as foreigners, despite possessing the necessary documents to prove their citizenship. The report states that while it is acknowledged that the updating process is generally committed to retaining Indian citizens on the NRC, particularly hostile towards Muslims and people of Bengali descent, which may manipulate the verification system in an attempt to exclude many genuine Indian citizens from the updated NRC. The reports portray that Bengali Muslims continue to be disproportionately affected and targeted by Foreigner’s Tribunal as most persons asked to prove their citizenship before Tribunals reportedly lack the necessary means to do so. Even in cases when individuals produce the required documentation to prove their citizenship, many Bengali Muslims appear to be declared as foreigners based on technical reasons, The Tribunals are governed by the Foreigners Act 1946, which places the burden of proof on the accused demonstrate his or her citizenship status. Officials of these Tribunals are empowered to find persons to be foreigners, on the basis of minor technical discrepancies in their citizenship documents such as misspelling of names and age inconsistencies. In this regard it is also alleged that there has been a notable and significant increase in the Tribunal’s findings of foreigner’s status as a result of the new Government coming into power. It is also alleged that the tribunals have been declaring large number of Bengali Muslims in Assam as foreigners resulting in statelessness and risk of detention. In addition, according to the report the Election Commission has arbitrarily identified a large number of Bengali people as so called doubtful or disputed voters, resulting in their further disenfranchisement and the loss of entitlements to social protection as Indian citizens.

Under the mandate provided by the Human Rights Council to seek clarification regarding all cases brought to the attention of the mandate, the mandate requested the Ministry of External Affairs, India to respond to the following questions within 60 days:

“1.Provide any additional information and/or comment(s) you may have on the above-mentioned concerns and allegations.

2. Please provide detailed information on any steps your Excellency’s Government may have taken to ensure that the substance and implementation of the NRC update complies with India’s obligations

under international human rights law and standards. In particular, please provide details on steps taken to ensure that the NRC update does not result in statelessness or human rights violations, including arbitrary deprivation of citizenship, mass expulsions, and arbitrary detention.

3.Please provide details on safeguards ensuring that members of ethnic, religious and linguistic minorities are not discriminated against in the framework of the NRC update and the determination of their citizenship status. In this context, please provide disaggregated data on the race, ethnicity and religion of individuals who have been excluded from the draft NRC as well as individuals who have been declared as foreigners by Foreigners’ Tribunals. If unavailable, please explain why.

4. Please provide detailed information on the implications for those individuals who will be excluded from the final NRC. In particular, please elaborate whether they will face detention or deportation.

5. Please provide details on measures taken to ensure access to effective remedies for individuals excluded from the NRC.

6. Please provide information on the current status of the Citizenship (Amendment) Bill 2016. In this connection, please explain why the Bill does not include Bengali Muslims.

7. Please provide information on measures undertaken to eliminate any discriminatory treatment of minorities, including the Bengali Muslim minority, with regard to the right to nationality and to ensure that no person belonging to ethnic, religious or linguistic minority is arbitrarily deprived of her or his nationality.

8. Please provide information on steps taken to ensure adequate training of members of Foreigners’ Tribunals, police and NRC authorities on relevant human rights norms and standards, particularly those relating to non-discrimination and to persons belonging to ethnic, religious and linguistic minorities.”

Senior journalist Mrinal Talukdar when talking to INSIDE NE expressing his views on the matter stated that such an issue needs to be dealt in a a serious way rather that countering it in an emotional way. He states that such an issue might have repercussions and might be used by stakeholders and parties who are against the publication of the NRC creating disturbance in the state . He states that the Rapporteurs cannot come on their own and it has implications. He states that Assam has never chartered into such a problem and that the people are worried

Thus the Special Rapporteurs has jolted the mass in general. It will be a concern to see if it treads into a positive allay emanating welfare for all or if it instigates violence burning the great Assamese state