Policy Center for the New South
people to have religious freedom, and very strongly29”.
The European Union (EU) on the other hand has adopted
a relatively neutral stance. The official statement of the
EU in response to abrogate Article 370 of Constitution
concerning the autonomous status of Kashmir stressed
the: “importance of steps to restore the rights and
freedoms of the population in Kashmir30”. The EU’s
stance was mirrored by its response to the CAA. the
EU’s ambassador to India Ugo Astuto hoped that the
act would be in accordance with the “high standards”
of the Indian Constitution. The rapidly evolving EUIndia strategic alliance based on shared interests could
explain this neutral position. Previously deemed as a
“loveless arranged marriage”, the Brussels-New Delhi
alliance has strengthened in recent decades and the EUIndia Summit in 2017 that cemented bilateral ties on
sustainable urbanization and climate change, amounted
to an investment of €800 million in Indian solar projects.
The EU’s big stakes in India thus partially explain its
hesitation to take an explicit stance in condemning the
CAA and Indian actions in Kashmir.
More surprising was the reaction of China, which preferred
to issue a joint statement with Pakistan. The paper is
opposed “any unilateral sanctions that complicated
the situation”. New Delhi, often considered a “natural
balancer” to Beijing growing influence, was particularly
sensitive to Chinese dissatisfaction. In the meantime,
Japanese Prime Minister Shinzo Abe, cancelled a
December 2019 visit to Guwahati in Assam, amid violent
protests in the northeast over the CAA. A Japanese
media report had said he may consider cancelling the
visit amid violent protests. After Japan, Bangladesh
Foreign Minister AK Abdul Momen and the country’s
Home Minister also called off their visits to India. The
Organization of Islamic Cooperation (OIC), declared that
it was “increasingly concerned31” by the CAA because of
its apparent discrimination against Indian Muslims. The
Islamic institution has already expressed a sympathetic
view towards disenfranchised Muslims as demonstrated
29. Peter Baker – Michael Crowley and Jeffrey Gettleman. Trump Sees
Commitment to Religious Freedom in india as Riots Break Out. February
27, 2020. https://www.nytimes.com/2020/02/25/us/politics/trumpmodi.html
Policy Brief
in their desire to exclude primarily Muslim groups in
fighting for liberation against oppressive regimes from
the definition of terrorism.
The United Nations also condemned this “draconian
Citizenship Amendment Bill32” and asked for its
immediate review. On Monday 2 March, UN Commissioner
for Human Rights (UNHCR) Michelle Bachelet informed
India that her office has filed an application urging the
Supreme Court to make the UN body a third in a petition
filed by a former civil servant against the law33. The news
has elicited a strong reaction from Raveesh Kumar, India
Ministry of External Affairs spokesman: “our permanent
mission in Geneva was informed yesterday (March
2, 2020) evening by the UN High Commissioner for
Human Rights that her office has filed an intervention
application in the Supreme Court of India in respect to
the 2019 CAA…The CAA is an internal matter of India and
concerns the sovereign right of the Indian Parliament to
make laws. We strongly believe that no foreign party
has any locus standi rights on issues pertaining to India
sovereignty34”. The intervention of the UNHCR in the CAA
highlights not only the International Law arguments that
must be taken into account, but also serves to signal how
seriously the issues of citizenship and religious freedom
are being taken by the international community. Amnesty
International, said the bill, while inclusionary in its
stated objective, is counterproductive in its structure
and intent: “welcoming asylum seekers is a positive step,
but in a secular country like India, slamming the door on
persecuted Muslims and other communities merely for
their faith of fear-mongering and bigotry35”, said Avinask
Kumar, Executive Director of Amnesty India. The UNHR’s
spokesperson, Jeremy Laurence, said in Geneva: “We are
concerned that India’s new Citizenship (Amendment)
32. Narender Nagarwal. The Poisonous Law: The Citizenship
Amendment Act 2019. December 2019. https://www.researchgate.
net/publication/337948797_The_Poisonous_Law_The_Citizenship_
Amendment_Act_2019
33. Priya Pillai. Intervention of the UN High Commissioner for
Human Rights at the Indian Supreme Court: International Law and
the Citizenship Amendment Act. OpinioJuris. March 5, 2020. http://
opiniojuris.org/2020/03/05/intervention-of-the-un-high-commissionerfor-human-rights-at-the-indian-supreme-court-international-law-andthe-citizenship-amendment-act/
30. European Parliament. Situation in Kashmir (Debate). September 17,
2019.
https://www.europarl.europa.eu/doceo/document/CRE-9-201909-17-ITM-018_EN.html
34. Suhasini Haidar and Kallol Battacherjee. UN rights body to move
Supreme Court on Citizenship Amendment Act. The Hindu. March 4,
2020.
https://www.thehindu.com/news/national/un-rights-body-tomove-supreme-court-on-citizenship-amendment-act/article30970693.
ece
31. Kabir Taneja. The Muslim 5 Summit and the OIC take on India’s
Citizenship bill protests. Observer Research Foundation. December 24,
2019.
https://www.orfonline.org/expert-speak/the-muslim-5-summitand-the-oic-take-on-indias-citizenship-bill-protests-59470/
35. India : New Citizenship Amendment Bill ‘reeks of fear-mongering and
bigotry’. Amnesty International UK. December 12, 2019. https://www.
amnesty.org.uk/press-releases/india-new-citizenship-amendment-billreeks-fear-mongering-and-bigotry
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