The Transnational Human Rights Review, Vol. 8, Iss. 1 [2021], Art. 1
UN Special Adviser on Prevention of Genocide and Under-Secretary General, Adama Dieng,
was forced to raise concerns. 17 Similar ministerial statements and the example of the Assam
NRC have stoked fears about how the NPR and the NRC could disenfranchise certain
communities, while allowing certain others to find their way through, under the CAA 2019. 18
The NRC was first conceived and prepared in 1951 in the north-east Indian state of Assam under
the Assam Accord, to put a check to immigration from its neighboring country (Bangladesh). It
was drawn over the population census for the same year, and a revised version was under
preparation in the state (after a brief halt) until 2019, when the final list was published. 19 This
exercise to define citizenship has seen three lists, with the final list excluding up to 1.9 million
people - and is now being contemplated in the rest of the nation. But the Assam exercise has
been controversial for reasons beyond the resulting withdrawal of nationality; it has been
additionally described as ‘persecutory’. 20
Several international bodies, including the UN Treaty mechanisms, had expressed their
apprehensions over the particularly hostile attitude of NRC officials against Muslims, and those
of Bengali descent, stating that the procedure could potentially exclude genuine citizens. 21 The
State’s move had even prompted the Genocide Watch to put Assam on the Watch List. 22
United Nations, Press Release, “Note to Media on India by Under-Secretary General Adama Dieng, UN Special
Adviser on the Prevention of Genocide” (18 May 2020), online: UN Meetings Coverage & Press Releases
<https://www.un.org/en/genocideprevention/documents/18052020_SA%20note%20to%20media%20on%20India_fi
nal.pdf>.
18
Supra note 10. Similar concerns have been raised by the Petitioners in the Indian Union Muslim League case, that
challenged the constitutionality of the Amendment.
19
“Explained: What is the Assam Accord that is fueling protests in the State”, Indian Express (13 December 2019),
online: <https://indianexpress.com/article/explained/explained-what-is-the-assam-accord-citizenship-amendmentbill-protests-6164018/>.
20
Abdul Kalam Azad, “Assam NRC: A History of Violence and Persecution”, The Wire (15 August 2018), online:
<https://thewire.in/rights/assam-nrc-a-history-of-violence-and-persecution>.
21
Office of the United Nations High Commissioner for Human Rights, Mandates of the Special Rapporteur on
minority issues; the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and
related intolerance; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and
expression; and the Special Rapporteur on freedom of religion or belief, Special Procedures Commission Report,
OL IND 13/2018 (11 June 2018) online:
<https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23884>; Office of the
United Nations High Commissioner for Human Rights, Mandates of the Working Group on Arbitrary Detention; the
Special Rapporteur on freedom of religion or belief; the Special Rapporteur on minority issues and the Special
Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Special
Procedures Commission Report, OL IND 29/2018 (13 December 2018) online:
<https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24247>.
22
Dr. Gregory H. Stanton, “Genocide Watch for Assam, India – renewed”, Genocide Watch (18 August 2019),
online: <https://www.genocidewatch.com/single-post/2019/08/18/Genocide-Watch for-Assam-India---renewed>.
17
https://digitalcommons.osgoode.yorku.ca/thr/vol8/iss1/1
DOI: 10.60082/2563-4631.1096
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