India at the crossroads? Civil society, human rights and religious freedom: critical analysis of CSOs’ third cycle Universal Periodic Review discourse 2012–2017

Abstract

In order to provide a timely assessment of India's fulfilment of international obligations on religious freedom this article explores the nature and 'issue-salience' of different human rights 'pathologies'. It uses critical frame analysis of the corpus of civil society organisations' (CSOs) submissions to the third cycle Universal Periodic Review (UPR). The findings reveal CSOs' concerns over the weakening of rule of law institutions and restrictions on civil society during the period under study. This has impacted upon the ability of human rights defenders to protect religious freedom. The civil society discourse also highlights a broad range of failings; including communal violence, police malpractice/ judicial shortcomings, discrimination, oppression and incitement. In contrast, the Government's UPR submission fails to acknowledge these issues. In conceptual terms, this disconnect suggests performativity and legitimation are a feature of the post-2014 NDA administration's framing of human rights. It appears to embrace civil society engagement and the promotion of religious freedom in a way that advances political legitimacy, whereas civil society accounts suggest otherwise and point to 'legitimation'or a disjuncture between rhetoric and reality.

‘Kill Two Million of Them’: Institutionalised Hate Speech, Impunity and 21st Century Atrocities in India

“…132 The failure of the government to condemn these restrictions, such as the suspension of social media accounts, personal threats and physical attacks, has curtailed the ability of civil society to hold the government to account and advocate for human rights and peacebuilding across ethnic, religious, and other social divisions. 133 Hate speech in the age of digital media and instant accessibility has proved particularly debilitating in prevention of hate crimes, rather it has proved to be exceptionally influential in the mobilisation and incitement to violence. Many cases, including those of Kapil Sharma and Ragini Tiwari, highlight the potency of social media platforms particularly live video broadcast on individual smartphones in communication, receiving mobilisation, and command on ground.…”

Civil Society, Rights and Welfare: Exploring the Implementation of the Convention on the Rights of the Child in Cambodia

“…In terms of politics and civil liberties, the situation in today’s Cambodia is a troubling one that reflects authoritarian governing practices elsewhere in Asia and beyond (Chaney, 2018, 2019). According to one Democracy Index, the country is ranked a lowly 130 out of 167 (Economist Intelligence Unit, 2020: 12).…”

“…and] it raises pertinent issues relating to competing cultural worldviews that are important for policy-makers to consider at both national and international levels. (King, 2020: 375) In terms of politics and civil liberties, the situation in today's Cambodia is a troubling one that reflects authoritarian governing practices elsewhere in Asia and beyond (Chaney, 2018(Chaney, , 2019. According to one Democracy Index, the country is ranked a lowly 130 out of 167 (Economist Intelligence Unit, 2020: 12).…”

Civil society and the contemporary threat to religious freedom in Bangladesh

“…Reflecting a wider global trend (Chaney, 2019;Juergensmeyer, 2003;Lewis, 2011), religious-based violence is the lead pathology in the CSOs' third cycle UPR discourse, constituting almost a third (31.2%) of all quasi-sentences. Notwithstanding the UN's Second Cycle 'concern at the losses of life, injuries and damages to religious sites and property in the most recent confrontations', and official recommendation that the government 'ensure the effective investigation and sanctioning of all cases of violence against religious minorities' (UNHRC, 2013, para 73 and recommendation 129.93), as the following analysis reveals it remains the principal rights violation.…”