Why India and Pakistan Rejected US State Department’s Human Rights Report 2023

As part of an annual exercise, the US State Department published a country-wise human rights report earlier this week. However, the External Affairs Ministry has dismissed the report as reflecting “a very poor understanding of India”. India’s neighbour Pakistan, too, has rejected the report. ETV Bharat looks at what the report states about the two South Asian nations and why both have rejected it.

New Delhi: In two sentences, India on Thursday dismissed the US State Department’s annual human rights report concerning India stating that it was “deeply biased”. “This report, as per our understanding, is deeply biased and reflects a very poor understanding of India,” External Affairs Ministry spokesperson Randhir Jaiswal said in response to a question in his weekly briefing here. “We attach no value to it and we urge you all to do the same.” Jaiswal’s comments came soon after Pakistan, too, rejected the report concerning human rights conditions in that country.

Who brings out the annual US State Department’s human rights reports?

The annual Country Reports on Human Rights Practices are published by the US State Department’s Bureau of Democracy, Human Rights and Labor. These reports examine the human rights records of countries around the world. They cover internationally recognised individual, civil, political and worker rights, as outlined in the Universal Declaration of Human Rights and other international agreements.

The reports serve as a reference source on the status of human rights conditions in each country. They are used by the US government, Congress and other stakeholders to guide policy and foreign assistance. The goal is to encourage the protection of human rights and fundamental freedoms around the world. The Country Reports have been published annually since the 1970s as a way for the US to monitor and report on human rights issues globally in an objective manner based on factual information and data.

What did the 2023 report state about human rights conditions in India?

According to the executive summary in the section on India, the outbreak of ethnic conflict between the Kuki and Meitei ethnic groups during the year in India’s northeastern state of Manipur in May last year resulted in significant human rights abuses.

“Media reported at least 175 persons were killed and more than 60,000 displaced between May 3 and November 15. Activists and journalists reported armed conflict, rapes and assaults in addition to the destruction of homes, businesses and places of worship,” the report stated. “The government deployed security forces and imposed daily curfews and internet shutdowns in response to the violence. The Supreme Court criticised the failure of the Central government and the Manipur government to halt the violence and appointed officials to investigate incidents of violence and to ensure the delivery of humanitarian assistance and the rebuilding of homes and places of worship.”

The report also detailed the 60-hour search conducted by Indian tax authorities on the BBC’s offices in Delhi and Mumbai in mid-February, shortly after the broadcaster aired a documentary critical of Prime Minister Narendra Modi. Although authorities claimed the search was due to tax irregularities and ownership issues, the report noted that officials also seized equipment from journalists uninvolved in the BBC’s financial operations.

Another key issue covered was the conviction and subsequent disqualification of Congress leader Rahul Gandhi from Parliament over a defamation case involving remarks about Modi's surname. While Gandhi’s conviction was initially upheld, the Supreme Court later stayed this, leading to his reinstatement as a Member of Parliament.

At the same time, the report stated that terrorists in Jammu and Kashmir, northeastern states and Maoist areas committed serious abuses, including killings and abductions of armed forces personnel, police, government officials and civilians. The report did highlight some positive developments as well, such as the government permitting a Muharram procession by Shias in Srinagar last July after years of prohibitions. Overall, the State Department report provided a comprehensive overview of both human rights concerns and progressive steps in India over the past year.

What more did the External Affairs Ministry have to say about democracy and freedom of expression?

Apart from his comments on the US State Department’s human rights report, spokesperson Jaiswal also responded to a question on India’s position on pro-Palestine protests spreading across US college and university campuses. “In every democracy, there has to be the right balance between freedom of expression, sense of responsibility and public safety and order,” he stated. “Democracies in particular should display this understanding in regard to other fellow democracies.”

What does the report say about human rights conditions in Pakistan?

According to the executive summary in the section on Pakistan, there were no significant changes in the human rights situation in Pakistan during the year. It highlighted numerous serious human rights issues and abuses that persisted in the country: According to the report, credible reports indicated unlawful killings, including extrajudicial executions, enforced disappearances, torture, cruel treatment, harsh prison conditions, arbitrary detention and political imprisonment. Privacy violations, punishing relatives for others’ alleged offences, and civilian casualties in armed conflicts were also documented.

Major restrictions existed on freedom of expression, media, internet, peaceful assembly and association. Religious freedom was curtailed. There were obstacles to free movement and cases of forced returns to countries where torture/persecution risks remained high.

Widespread corruption, curbs on human rights groups and gender-based violence, including domestic abuse, child marriages, and female genital mutilation were prevalent. Minority communities like Pashtuns and Hazaras faced targeted violence and threats motivated by hate. Same-sex relations remained criminalised and LGBTQI+ individuals faced prejudice.

Worker rights such as freedom of association were significantly restricted, according to the report. “The government rarely took credible steps to identify and punish officials who may have committed human rights abuses,” it stated.

“Violence, abuse, and social and religious intolerance by militant organisations and other non-state actors, both local and foreign, contributed to a culture of lawlessness. Terrorist violence and human rights abuses by non-state actors contributed to human rights problems, with terrorist violence increasing during the year. Terrorist and cross-border militant attacks against civilians, soldiers and police caused hundreds of casualties. Military, police and other law enforcement agencies continued to carry out significant campaigns against militant and terrorist groups.”

How did Pakistan react?

“Pakistan categorically rejects the recently released 2023 Country Report on human rights practices issued by the US State Department,” a statement issued by the office of the spokesperson of Pakistan’s Ministry of Foreign Affairs read. “The contents of the report are unfair, based on inaccurate information and are completely divorced from the ground reality.”

It further stated that the US State Department’s annual exercise of preparing such unsolicited reports “lack objectivity and remain inherently flawed in their methodology”. Interestingly though, the Pakistan statement claimed that the US State Department’s report was silent on the situation in Gaza where over 33,000 people have been killed during the ongoing war between Israel and Hamas. But, the fact of the matter is there is an entire section devoted to Israel, the West Bank and Gaza.