Citizenship Act: France, Maldives term it India's internal matter; UN says law 'fundamentally discriminatory'

New Delhi/Geneva/Washington: The United Nations' human rights body on Friday voiced concern over India's new citizenship law, terming it "fundamentally discriminatory" in nature.

The new citizenship law seeks to provide citizenship to non-Muslim persecuted religious minorities from Bangladesh, Pakistan and Afghanistan.

"We are concerned that India's new Citizenship (Amendment) Act 2019 is fundamentally discriminatory in nature," UN human rights spokesman Jeremy Laurence told reporters in Geneva.

"The amended law would appear to undermine the commitment to equality before the law enshrined in India's Constitution and India's obligations under the International Covenant on Civil and Political Rights and the Convention for the Elimination of Racial Discrimination, to which Indian is a State party, which prohibit discrimination based on racial, ethnic or religious grounds," he said.

The Ministry of External Affairs in New Delhi has said the new law provides expedited consideration for Indian citizenship to persecuted religious minorities already in India from certain contiguous countries.

It asserted that every nation has the right to enumerate and validate its citizenry, and to exercise the prerogative through various policies.

Assam, Tripura, Meghalaya and parts of Arunachal Pradesh have been witnessing large-scale protests in the last two days with thousands of people hitting the streets defying prohibitory orders to demand scrapping of the contentious law.

At least two persons died due to bullet injuries on Thursday after police opened fire on protesters in Guwahati, capital of Assam.

Laurence said although India's broader naturalisation laws remain in place, these amendments will have a discriminatory effect on people's access to nationality.

All migrants, regardless of their migration status, are entitled to respect, protection and fulfilment of their human rights, he said.

"Just 12 months ago India endorsed the Global Compact for Safe, Regular and Orderly Migration, which commits States to respond to the needs of migrants in situations of vulnerability, avoiding arbitrary detention and collective expulsions and ensuring that all migration governance measures are human rights-based," Laurence said in a statement.

The spokesman said while the goal of protecting persecuted groups was welcome, this should be done through a robust national asylum system that is premised on the principle of equality and non-discrimination.

He said it should apply to all people in need of protection from persecution and other human rights violations, with no distinction as to race, religion, national origin or other prohibited grounds.

"We understand the new law will be reviewed by the Supreme Court of India and hope it will consider carefully the compatibility of the law with India's international human rights obligations," Laurence said.

'Concerned about implications'

A top US diplomat responsible for monitoring international religious freedom on Friday said that "the United States is concerned about the implications of the Citizenship (Amendment) Bill in India."

"One of India's great strengths is its Constitution. As a fellow democracy, we respect India's institutions, but are concerned about the implications of the CAB Bill," Sam Brownback, Ambassador at Large for International Religious Freedom, said in a tweet.

"We hope the government will abide by its constitutional commitments, including on religious freedom," he said in his tweet, which comes days before next week's 2+2 ministerial between India and the US.

External Affairs Minister S Jaishankar and Defence Minister Rajnath Singh are scheduled to arrive at Washington DC next week for the second 2+2 ministerial with their respective American counterparts - Secretary of State Mike Pompeo and Defense Secretary Mark Esper - on December 18.

Meanwhile, at a Congressional briefing organised by the Indian American Muslim Council, Emgage Action and the Hindus for Human Rights, Gregory Stanton of Genocide Watch expressed concern on Thursday over the human rights situation in Kashmir and Assam.

Stanton is known for creating the famous "Ten Stages of Genocide" as a presentation to the US Department of State when he worked there in 1996. He also drafted the UN Security Council resolutions that created the International Criminal Tribunal on Rwanda and the Burundi Commission of Inquiry.

Claiming that Assam was seeing "the construction of a pretext for expulsion [of Muslims]", Stanton said the "ongoing genocide" in both Kashmir and Assam was a "classic case" and followed the pattern of the "Ten Stages of Genocide".

'France aware of internal debate in India'

A top French envoy on Friday said that France is aware of the ongoing debate in India on the Citizenhip (Amendment) Bill and National Register of Citizens, but these were issues that other nations should refrain from commenting on.

"These are issues which are obviously discussed during official deliberations. We are aware of the ongoing debate in India on CAB and NRC. But I do not think another government should interfere in the domestic affairs of India," Ambassador of France to India, Emmanuel Lenain said.

On the abrogation of special status to Jammu and Kashmir and its bifurcation, Lenain said France respects India's democratic system and India is the world's largest democracy'.

The Ambassador said some issues are domestic and "there are also some issues that are decided through democratic process, reflecting the will of the majority."

He recalled the statement of French President Emmanuel Macron on Article 370 and pointed out that the Jammu and Kashmir issue was complex in nature.

"It can be only solved through bilateral discussions and there is no benefit in internationalising the issue", he said.

The Ambassador said he was optimistic of the prospect of strengthening the bond between France and India and pointed out that the mutual recognition of diplomas, degrees and doctorate degrees between the two countries would help students from both nations pursue higher education.

'India safe haven for persecuted minorities'

The amended Citizenship Act is an internal matter of India, Maldives' Parliament Speaker Mohamed Nasheed said on Friday while noting that the country has always been a safe haven for persecuted minorities.

Giving his own example, Nasheed said the Indian high commission gave him refuge at a time when he was going to be arrested by Maldives' former president Abdulla Yameen.

"Religious persecution is wrong and India will always give refuge to those persecuted. When President Yameen wanted to arrest me and when I went to Indian High Commission they gave me a refuge. They were quite willing to bring me to India too. Secularity of India, respecting minorities are founding ideas of India," he said.

Nasheed said the amended Citizenship Act is an internal matter of India.

"I have complete trust in Indian democracy and whatever comes out from the process would be what majority of people from India want. It is India's internal matter. India is one of the safe havens for persecuted minority communities," he said.

The Citizenship (Amendment) Bill was passed by Rajya Sabha on Wednesday, two days after the Lok Sabha passed it. President Ram Nath Kovind gave his assent to the Bill on Thursday, turning into an Act.

According to the Act, people from Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities who have come to India till December 31, 2014 from Pakistan, Bangladesh and Afghanistan owing to their religious persecution there will not be treated as illegal immigrants and will be given Indian citizenship.

The Act says that non-Muslim refugees will be given Indian citizenship after their stay in India for five years, instead of the earlier requirement of 11 years.

The Act also proposes to give immunity to such refugees facing cases as illegal immigrants.

(With PTI inputs)