India: United Nations Committee on the Elimination of Racial Discrimination concerned over racial discrimination, rampant violations against minorities

28/08/2026
Statement
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FIDH

The International Federation for Human Rights (FIDH) welcomes the findings and recommendations made by the United Nations (UN) Committee on the Elimination of Racial Discrimination (CERD) related to India. FIDH urges the Indian authorities to fully implement the CERD’s recommendations without delay, particularly regarding comprehensively criminalising discrimination and hate crimes, and ensuring accountability for perpetrators of related human rights violations.

Paris, 28 August 2026. On 25 August 2026, the UN CERD released its findings and recommendations (known as "Concluding Observations") concerning India, following the review of the country’s combined 20th and 21st periodic reports on the implementation of the International Convention on the Elimination of Racial Discrimination (ICERD), which took place on 11 and 12 August 2026 in Geneva. The CERD monitors the implementation of the ICERD’s provisions by state parties, including India.

Some of the CERD’s Concluding Observations reflected information presented by FIDH and partners in two joint reports submitted to the CERD as part of its review of India.

For example, the CERD expressed concern over gaps in the Indian legislative framework, including the lack of a comprehensive definition of racial discrimination and the failure to explicitly criminalise all acts of racist hate speech and hate crimes. It also expressed concerns about "reports of widespread racial discrimination, including hate crimes and hate speech" including by politicians. The CERD called on the Indian government to review the legislative framework to address these gaps, and to take effective measures to increase accountability for hate speech and hate crimes.

The CERD was "gravely concerned" by reports of widespread human rights violations against ethnic and ethno-religious groups, Indigenous and Tribal Peoples, and non-citizens, including extrajudicial killings, arbitrary detentions, torture, and sexual violence. It called on the Indian authorities to ensure that perpetrators are prosecuted and held accountable.

With regards to civic space, the CERD raised concerns over the use of laws such as the Foreign Contribution (Regulation) Act (FCRA), the Unlawful Activities (Prevention) Act (UAPA), the Armed Forces (Special Powers) Act (AFSPA) and the Prevention of Money Laundering Act (PMLA) to stifle the rights to freedom of expression and association, and to silence human rights defenders, including those working to defend the rights of minorities. It recommended that the authorities review those laws and ensure an enabling environment for civil society.

The CERD also expressed concerns about, and made recommendations to address, the specific situations for Dalits, Indigenous and Tribal Peoples, nomadic and semi-nomadic tribes, domestic workers, and migrants and asylum seekers. The CERD noted in particular its concerns relating to the deportation and forcible returns of Rohingya asylum seekers, as well as the use of hate speech by politicians and other public figures targeting Rohingya and Bengali-speaking Muslims. Finally, the CERD made recommendations related to the right of freedom of thought, conscience and religion, the right to health, and the National Register of Citizens and Citizenship Amendment Act.

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