A/HRC/49/44
Department. In Kashmir, armed forces have arrested local politicians, by invoking the Public
Safety Act that permits them to imprison someone for up to two years without a charge or
trial, following the forces’ dispatch to quell protests and unrest sparked by the Government’s
introduction of controversial amendments to the Indian Constitution.92
39.
The Special Rapporteur is concerned at reports of States curtailing civic space by
intimidating religious or belief minorities, including through surveillance –– making
individuals fear repercussions for expressing their faith. 93 In West Papua, security forces
have reportedly heightened their physical presence and surveillance of church meetings and
services, instilling fear among attendees. Reportedly, the “space for democracy is being shut
down” too, with Internet restrictions and strict limits on physical access to West Papua for
human rights observers and humanitarian workers limiting the Indigenous population’s
ability to access advocacy and support. 94 Other States have restricted Internet access,
including blackouts, as tools to limit religious or belief minorities’ ability to readily seek help
within and beyond their community, contrary to freedom of expression.95
40.
Religious minorities have expressed concern that social media has increasingly
become a tool of censorship and surveillance, fearing retaliation from governments or nonState actors for exchanging views on human rights (West Papua) or religious matters
(Donetsk, Lugansk and Crimea regions of Ukraine) or sharing religious literature (Pakistan).
Religious minorities in Afghanistan and those aforementioned regions of Ukraine also shared
experiences of having their phones checked by armed groups and de facto authorities for
religious material. 96 Consequently, some avoid these platforms or self-censor, chilling
freedom of expression.97 The Indian state of Karnataka is allegedly attempting to single out
Christian organizations, including hospitals and schools, for a census survey, amidst rising
regional hostility against that minority group. 98 In Sri Lanka, interlocutors report that the
climate of fear facing religious minorities in a post-war context with persistent discrimination
and violence has led many to suspect COVID-19 contact tracing is being abused to surveil
communities.99
41.
In keeping with efforts to close civic spaces to religious or belief minorities, State and
non-State actors also arbitrarily restrict or violate their rights to freedom of association,
assembly, and movement during conflict or insecurity. In West Papua, civil militia allegedly
forcibly dispersed and attacked protestors while the police watched.100
42.
Civic space for minorities further shrinks where States have restricted rights-focused
organizations’ access to funding and resources, 101 such as in Pakistan where authorities
reportedly characterize foreign funding as anti-government and a vehicle for external
interference. Consequently, fewer local organizations are able to assist vulnerable minorities
to realize and protect their human rights during times of stress.
(ii)
Socio-economic discrimination
43.
Vulnerability of religious or belief minorities in situations of conflict or insecurity is
often compounded where they experience pre-existing social and economic exclusion,
including at least partly based on their religious identity. Their socio-economic
marginalization may occur where they disproportionately struggle to secure income due to
92
93
94
95
96
97
98
99
100
101
https://www.hrw.org/news/2019/09/16/india-free-kashmiris-arbitrarily-detained;
https://www.thehindu.com/news/national/about-4000-people-arrested-in-kashmir-since-august-5govt-sources-to-afp/article61582905.ece.
West Papua; Yemen; Israel; India; Ukraine; Myanmar; Pakistan.
Consultation-West Papua.
e.g. Myanmar; India (Jammu and Kashmir); Nigeria.
Consultations-Ukraine; and Afghanistan.
Consultations-Pakistan; and Ukraine.
Consultation-India (Jammu and Kashmir). See also https://countercurrents.org/2021/10/christiansunder-attack-in-india/.
Consultation-Sri Lanka.
https://humanrightspapua.org/wp-content/uploads/2020/01/images_docs_HumanRightsPapua2019ICP.pdf.
A/HRC/20/27, para.67.
11