Is this 2019 government shutdown fair

B9-0079 / 2020

European Parliament resolution on the 2019 Law Amending Indian Citizenship Law

(2020/2519 (RSP))

The European Parliament,

- having regard to the Charter of the United Nations,

- with reference to Article 15 of the Universal Declaration of Human Rights (UDHR),

- with reference to Article 21 of the EU Charter of Fundamental Rights,

- having regard to United Nations Security Council Resolution 91 (1951) on Kashmir,

- having regard to the 2019 United Nations Report on Kashmir,

- having regard to the EU-India Strategic Partnership Action Plan signed in November 2005 and the EU-India thematic dialogue on human rights,

- having regard to the declaration on the rule of law at national and international level made at the high-level meeting of the United Nations General Assembly and the resolution (A / RES / 67/1) adopted by the General Assembly on November 30, 2012,

- based on Rule 132 (2) of its Rules of Procedure,

A. whereas since the Bharatiya Janata (BJP) victory in the parliamentary elections in May 2019 and the re-election of Prime Minister Narendra Modi for a second term, the Indian government has intensified its nationalist orientation and discriminates against national and religious minorities and persecute and silence all opposition, human rights groups, human rights defenders and journalists critical of the government;

B. whereas in August 2019 the government lifted the special constitutional status of the state of Jammu and Kashmir and divided it into two separate federally administered areas; whereas the government has deployed additional armed forces in the region, switched off the internet and telephones and placed thousands of people, including elected officials, in preventive detention, which has been condemned internationally;

C. whereas the UN Security Council resolutions calling for a referendum to allow all Kashmiris to determine the future status of Kashmir have never been implemented;

D. whereas the 2019 Citizenship (Amendment) Act was adopted by the Indian Parliament on December 11, 2019, amending the 1955 Citizenship Act accordingly that members of the religious minorities of Hindus, Sikhs, Buddhists, Jain, Parsi and Christians who fled Pakistan, Bangladesh and Afghanistan as a result of persecution before December 2014 can obtain Indian citizenship; whereas the new law excludes Muslims and other groups from these countries, as well as Tamil refugees from Sri Lanka, Rohingyas from Myanmar and Buddhist refugees from Tibet; whereas this amendment to Indian citizenship law is the first time that religion is an important criterion for citizenship; whereas this amendment violates the secular nature of the Indian Constitution;

E.

F. whereas all states are obliged to respect the human rights of all people without exception; whereas the legal link between a person and a particular state through citizenship is still de facto a basic requirement for the enjoyment and protection of all human rights;

G. whereas the Declaration on the Rule of Law at the National and International Levels of the High-Level Meeting of the United Nations General Assembly and the resolution adopted by the United Nations General Assembly on November 30, 2012 state that all persons: Institutions and corporations, public and private, including the state itself, are accountable to just, fair and proportionate laws and are indiscriminately entitled to equal protection under the law;

H. whereas the new law represents a dangerous paradigm shift in the way citizenship is established in India and is likely to cause the world's greatest statelessness crisis and immeasurable human suffering;

I. whereas the passage of the law sparked massive protests in India; whereas huge demonstrations have taken place in the capital Delhi as well as in Mumbai, Calcutta, Bangalore and Hyderabad; whereas the new law rekindled old hostilities in Tripura; whereas there have been violent demonstrations against the new law in Assam, Uttar Pradesh and other northeastern states as people fear that granting Indian citizenship to refugees and immigrants will result in the loss of their political rights, culture and Lead land rights and will be the trigger for further migration from Bangladesh; whereas protesters have called for Indian citizenship to be granted to Muslim refugees and immigrants;

J. whereas protesters across the country have criticized the new law as unconstitutional as it discriminates against Muslims; whereas citizens are asking for the amendment to be deleted and for the national national register not to be implemented; whereas citizens are concerned that Indian Muslim citizens will be declared stateless and detained in detention centers; whereas the demonstrators condemned the Indian government's authoritarianism, police action in universities and the suppression of protests;

K. whereas the Indian government's response to the protests included the imposition of a curfew, the disconnection of internet services, the detention of human rights defenders and alleged torture;

L. whereas many government officials sought to discredit, blame and threaten the protesters rather than addressing concerns, offering remedial action, encouraging security forces to exercise restraint and ensuring accountability;

M. whereas several protesters were killed, protesters and police officers were injured, and public and private property was damaged as a result of the protests; whereas several state governments have either arrested or banned persons demonstrating against the new law under sections 144 and 149 of the Code of Criminal Procedure (StPO); whereas protesters have faced a show of force and restrictive measures that have violated their right to be seen and heard; whereas many people have subsequently been arrested and the Internet has been shut down;

N. whereas Uttar Pradesh recorded the highest number of deaths in the nationwide protests against the new law, including the death of an eight-year-old child in Varanasi; whereas over 22 protesters reportedly died from their terminal injuries; whereas relatives of the victims expressed their dismay that they were unable to obtain autopsy reports and initial information reports at the police station; whereas the initial information reports on the riots are detailed and have led to numerous arrests and claims for damages;

O. whereas there are credible reports that detained protesters are being tortured in India;

P. whereas some states have announced that they will not implement the new law and other states, such as Kerala, have taken legal action against the new citizenship law;

Q. whereas trade negotiations between the EU and India are ongoing;

1. Is deeply concerned that India has laid the legal basis to deny millions of Muslims the fundamental right to equal access to citizenship; is concerned that the new law, along with the national register of citizens, could be used to declare many Muslim citizens stateless;

2. Reminds the Government of India of its obligations stemming from the 1992 United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, which stipulates the obligation for states to exist and Protect the identity of religious minorities in their territories and take appropriate measures to achieve this; Reminds the Government of India that governments have a duty to ensure that members of minority groups, including religious minorities, can exercise their human rights without discrimination and in full equality before the law, and strongly condemns India's failure to do so violates internationally recognized principles;

3. Urges the Government and Parliament of India to show their strong commitment to fully ensuring the protection of refugees and migrants, regardless of religion;

4. Urges the Indian authorities to respond constructively to the demonstrators and examine their demands that the discriminatory new law be repealed;

5. Expresses its solidarity with the nationwide strike on January 7; Takes note that over 250 million workers took to the streets to demonstrate for social protection for all, against the privatization of public companies and against the new law; condemns the excessive violence used to crack down on the protests; stresses that citizens have a right to protest; Calls on the Indian government to launch a credible and independent investigation into allegations that law enforcement officers used excessive repression and violence against demonstrators;

6. Calls on the Indian authorities to stop criminalizing the protests, lift disproportionate restrictions on freedom of expression and peaceful assembly, end arbitrary shutdowns and ensure the protection of all human rights;

7. Condemns the torture, detention of minors and peaceful demonstrators, and the detention of people who are critical of the state;

8. Urges the authorities of India to accept visits under the United Nations Special Procedures, including visits by the United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Expression and Expression, the United Nations Special Rapporteur on Assembly and concerns freedom of association and the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions;

9. Calls on the EU and Member States to condemn all violence surrounding the ongoing protests against the new law, including the alleged killing of demonstrators by law enforcement officers and all incidents of excessive police force, some of which were committed by the Indian authorities Section occupied by Amnesty International;

10. Calls on the EU and the Member States to promote the implementation of the UN Security Council resolutions on Kashmir; calls on India and Pakistan to take into account the enormous human, economic and political benefits that would result from resolving this conflict; Is deeply concerned about the growing tensions between two nuclear-weapon states, India and Pakistan, fueled by the Indian government's controversial decisions on Kashmir and citizenship; Condemns the unilateral changes India has made to the status of Kashmir; calls on both sides to implement the recommendations set out in the UNHCR report on Kashmir;

11. Urges the EU and the Member States to address the controversial new citizenship law in their contacts and discussions with Indian partners, and stresses that all EU trade agreements concluded with India include a resilient human rights clause including an effective mechanism for implementation and suspension have to;

12. Calls on the Indian authorities to open an immediate impartial investigation into allegations that peaceful demonstrators have been tortured and ill-treated;

13. Calls on the EU and its Member States to use all bilateral and multilateral meetings to urge the Indian authorities to initiate a constructive human rights dialogue and to stop repressive action against individuals and organizations working in the field of human rights;

14. Instructs its President to forward this resolution to the Government and Parliament of India, the Council, the Commission, the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission and the European External Action Service (EEAS).