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Australia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

Although the freedoms of peaceful assembly and association are not codified in law, the government generally respected these rights.

Canada

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Finland

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

France

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, subject to certain security conditions, and the government generally respected these rights.

FREEDOM OF PEACEFUL ASSEMBLY

In February Amnesty International released a report claiming “prefects (representatives of the French state at local level; the most senior central government officials) continued to resort to emergency measures to restrict the right to freedom of peaceful assembly. In particular they adopted dozens of measures restricting the freedom of movement of individuals to prevent them from attending public assemblies. Authorities imposed these measures on vague grounds and against individuals with no apparent connection to any terrorism-related offense.”

FREEDOM OF ASSOCIATION

The constitution and law provide for the freedom of association, and the government generally respected this right.

India

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of assembly. Authorities often required permits and notification before parades or demonstrations, and local governments generally respected the right to protest peacefully. The state of Jammu and Kashmir was an exception, where the state government sometimes denied permits to separatist political parties for public gatherings, and security forces reportedly occasionally detained and assaulted members of political groups engaged in peaceful protest (see section 1.g.). During periods of civil unrest in the state of Jammu and Kashmir, authorities used the law to ban public assemblies and impose curfews.

Security forces, including local police, often disrupted demonstrations and reportedly used excessive force when attempting to disperse protesters. On May 22, Tamil Nadu police opened fire on protesters who were demanding the closure of the Sterlite copper smelting plant at Thoothukudi, Tamil Nadu, killing 15 individuals. The Tamil Nadu government claimed the police only fired on individuals who used logs and petrol bombs to set fire to vehicles during the protests.

There were sometimes restrictions on the organization of international conferences. Authorities required NGOs to secure approval from the central government before organizing international conferences. Authorities routinely granted permission, although in some cases the approval process was lengthy. Some human rights groups claimed this practice provided the government tacit control over the work of NGOs and constituted a restriction on freedoms of assembly and association.

FREEDOM OF ASSOCIATION

The law provides for freedom of association. While the government generally respected this right, the government’s increased monitoring and regulation of NGOs that received foreign funding caused concern. In certain cases the government required “prior approval” for some NGOs to receive foreign funds, suspended foreign banking licenses, or froze accounts of NGOs that allegedly received foreign funding without the proper clearances or that mixed foreign and domestic funding, and in other instances canceled or declined to renew Foreign Contributions (Regulation) Act (FCRA) registrations. On April 3, Minister of State for Home Affairs Kiran Rijiju informed the lower house of parliament that the government had canceled the registration of more than 14,000 NGOs in the last four years, although some of the cancellations reportedly pertained to defunct organizations. Some human rights organizations claimed these actions were sometimes used to target specific NGOs.

Some NGOs reported an increase in random FCRA compliance inspections by Ministry of Home Affairs officials who they said were purportedly under pressure to demonstrate strict enforcement of the law. FCRA licenses were also reportedly canceled periodically based on nonpublic investigations by the Intelligence Bureau. On June 1, the Ministry of Home Affairs launched an online tool to facilitate real-time monitoring of foreign funds deposited into NGO bank accounts. On June 5, it announced NGOs found in violation of FCRA provisions would be assessed a civil fine instead of having their licenses canceled or suspended. The rules, however, were not applicable retroactively. Some NGOs reported the new rules would severely affect smaller organizations that would be unable to pay the steep penalties–amounting to 10 percent of their total funds–and that did not have the compliance expertise, leaving only large entities able to maintain their FCRA licenses.

Some NGOs alleged they were targeted as a reprisal for their work on “politically sensitive” issues like human rights or environmental activism. The Center for Promotion of Social Concerns (CPSC) and its partner program unit People’s Watch continued court proceedings against the nonrenewal of their FCRA license. A September 12 report by the UN secretary general cited the use of FCRA regulations to “restrict the work of NGOs cooperating with the United Nations, for example by a refusal to renew or grant licenses, including for the CPSC.”

On October 25, the Enforcement Directorate (ED), a government agency that investigates financial crimes, raided the premises of Amnesty International India’s Bengaluru office and froze its bank accounts on suspicion that it had violated foreign funding guidelines. Aakar Patel, Amnesty International India’s executive director stated, “The Enforcement Directorate’s raid on our office today shows how the authorities are now treating human rights organizations like criminal enterprises, using heavy-handed methods that are commonly found in repressive states. Our staff have been harassed and intimidated.” The searches came days after the ED searched the premises of environmental nonprofit Greenpeace India in Bengaluru on October 12, also for allegedly violating foreign funding rules. Greenpeace India refuted the allegations stating, “This seems to be part of a larger design to muzzle democratic dissent in the country.”

In February the Public Health Foundation of India (PHFI), a public-health advocacy group, was placed in the “prior permission” category, requiring the organization to seek permission from the Ministry of Home Affairs each time it wanted to receive and use funds from foreign sources. The Ministry of Home Affairs indicated the center and state governments would review PHFI’s use of foreign funds quarterly and that the investigation into PHFI’s alleged FCRA violations would continue.

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U.S. Department of State

The Lessons of 1989: Freedom and Our Future