Guwahati: A group of United Nations human rights experts on Friday expressed concern over the arrest and detention of five Indigenous human rights defenders in Assam, saying the charges against them could undermine the legitimate work of those advocating for Indigenous communities in the context of business activities.
The experts said they were “deeply concerned” by reports that the activists had been deprived of their liberty in connection with peaceful advocacy related to Indigenous communities’ land and rights.
“Such arrests and prosecutions can have a chilling effect on civic space and discourage others from speaking out against abuses,” the experts said.
The statement was issued by members of the UN Working Group on Business and Human Rights, including Robert McCorquodale (Chairperson), Fernanda Hopenhaym (Vice-Chairperson), Lyra Jakuleviciene, Damilola Olawuyi and Pichamon Yeophantong, along with Albert K. Barume, Special Rapporteur on the rights of Indigenous Peoples; Gina Romero, Special Rapporteur on the rights to freedom of peaceful assembly and association; and Andrea Bolaños Vargas, Special Rapporteur on the situation of human rights defenders.
According to the UN experts, Assam Police arrested Pranab Doley, Rajib Pegu, Brijit Kutum, Amit Nag and Bhaskar Saikia in connection with protests held on June 29 over the proposed construction of a luxury tourism project at Inglay Pathar near Kaziranga National Park.
The project is reportedly linked to an agreement between the Assam government and Juniper Hotels and is associated with Hyatt.
The UN Working Group noted in a recent report that threats, arrests, surveillance, retaliation and legal harassment can affect the safety and ability of Indigenous Peoples and Indigenous human rights defenders to participate freely in decisions concerning business activities.
“States must ensure human rights defenders are able to exercise their right to protect, defend and promote human rights and carry out their work safely and without fear of intimidation, reprisals or criminalisation,” the experts said.
They also expressed concern over reports that the local police unit involved in the arrests had previously been associated with allegations of torture and other forms of ill-treatment. The experts urged authorities to ensure that all detainees are treated with dignity and that their rights are fully protected.
The UN experts called for the immediate release of the five defenders if their detention is linked solely to the peaceful exercise of their rights. They also urged authorities to ensure that any criminal proceedings comply fully with international human rights standards.
In addition, the experts called on authorities to suspend any land acquisition or development related to the project until affected Indigenous communities have been meaningfully consulted and their free, prior and informed consent has been obtained.
Referring to the UN Guiding Principles on Business and Human Rights, the experts said business enterprises have a responsibility to respect human rights by identifying, preventing and addressing adverse impacts on Indigenous Peoples, and by ensuring that those who raise concerns are not subjected to reprisals.
The statement also encouraged India to strengthen cooperation with the Human Rights Council’s Special Procedures, including by accepting pending requests for country visits by mandate holders.