CHANDIGARH In response to a formal complaint filed by the Sikh Federation International (SFI) on behalf of Shaheed Bhai Hardeep Singh Nijjar’s family, several Special Rapporteurs appointed by the United Nations Human Rights Council (UNHRC) publicly released their communication with the Government of India today. 

The 16-page document (https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=29509) that has been released by the UNHRC provides a detailed analysis of India’s numerous violations of international law and human rights covenants as a result of its attacks on Bhai Hardeep Singh Nijjar and other exiled Sikh activists, as well as the systematic use of Indian legislation to repress activists in Punjab advocating for an independent Khalistan. 

According to the information, the Special Rapporteurs sent the Communication to the Government of India in November 2024, outlining that India’s alleged actions would violate numerous international laws, including Article 6, 9(1), 14,15, 17-19, and 27 of the International Covenant on Civil and Political Rights (ICCPR). The rapporteurs provided India 60 days to provide any additional information or respond to the concerns, and called upon India to ensure an independent, transparent investigation holds responsible officials to account. 

Rather than cooperate with the impartial mechanism created collectively by all member states of the UNHRC, India aggressively responded by accusing the independent mandate holders of demonstrating “preconceived hostility towards India” and “justifying terrorism and supporting a separatist agenda”. (https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=38834). This is the same response India has constantly used against human rights activists, the Government of Canada, and now the UNHRC itself. 

Transnational repression and attacks of Sikhs around the world 

The rapporteurs expressed grave concern at reports of “continuing, systematic attacks by Indian authorities on Sikh activists in Canada, the United State, and other countries, including private and public harassment and intimidation, threats of violence and death, and the planning of physical attacks.” 

The document notes the role Indian officials, including India’s Home Affairs Minister, Amit Shah, in orchestrating this campaign of violence in an “attempt to silence Sikh political activism”.

While India has tried to claim that one of these attacks was coordinated by a single individual, the rapporteurs highlight the clear link between RAW agent, Vikas Yadav, and multiple attacks. They note unequivocally that states—not just individuals—are “internationally responsible for such killing whether it is committed directly by state officials, or private actors instructed, directed or controlled by the state…this includes the use of individuals involved in organized crime”. 

Systematic repression of Sikh activists

The communication emphasizes that India’s campaign of violence may have a chilling effect on Sikh activism in Punjab beyond. In addition to the individual attacks on exiled activists around the world, the rapporteurs clearly identified the systematic pattern that India uses to repress Sikh activists from public life by targeting them under India’s anti-terror legislation, the Unlawful Activities (Prevention) Act (UAPA). The legislation is known for allowing security agencies to incarcerate political activists for several years without bail despite having a conviction rate less than 1 percent. 

While assessing how Bhai Hardeep Singh Nijjar and Sikh organizations like Sikhs For Justice (SFJ) were specifically designed as “terrorists” by the government of India, the Communication identifies the systematic features of the legislation which allows the Indian State to target political dissidents with an “excessively broad and ambiguous” definition of “terrorism” that encompasses political activities and expression. 

Similarly, the evidentiary threshold to designate an individual or organization as a “terrorist” only requires the government to “believe” this to be the case, and is not required to demonstrate any credible evidence, as was done in the case of Bhai Hardeep Singh. 

Sikhs must be party to any resolution around India’s illegal activities

As a result of India’s actions and legalized violence through UAPA, the government has been able to criminalize political advocacy for Sikh self-determination in Punjab while using its intelligence agencies and diplomatic officials to orchestrate violence against exiled Sikh activists around the world. The rapporteurs conclude that these attacks are leading to an “increasingly hostile situation in Punjab”. 

India’s ongoing actions are a clear challenge to the fragile stability in South Asia, and the most basic principles of diplomacy and international relations. The continued targeting of Sikhs in this way has the explosive potential of accelerating conflict and instability in Punjab with dangerous ramifications for the broader region. 

In these circumstances, regional and global stakeholders must contribute to ensuring a comprehensive resolution of the underlying tensions. As Sikhs are a directly affected party to this dispute, India’s violent crimes cannot be addressed solely between the US, Canada and India. It is imperative that Sikh representatives are party to any diplomatic discussion around the current issues. 

SFI representative, Bhai Moninder Singh, stated: “There must be credible investigation, led by an international body, that will shed light on the details of the assassination program and full accountability for all officials and agencies responsible. Given India’s targeting of exiled leadership and supporters of the Khalistan movement, any resolution must address the question of Sikh self-determination as this is a necessary prerequisite to lasting justice, peace, and prosperity in the future of South Asia”.  

Assassination of Sikh activists worldwide

When Sikh struggle for fundamental rights is gaining momentum in foreign countries and Punjab, the Indian agencies are on toes to torpedo the efforts of Sikh activists. Assassinations of Sikh activists are part of this conspiracy.

Bhai Rattandeep Singh was gunned down by unknown bike borne persons at Balachaur town of Nawanshahr district on April 3 this year. He remained associated to Bhindranwala Tiger Force (BTF) and joined the Sikh armed movement in young age. He remained close aide of Khalistan Commando Force (KCF) chief Bhai Paramjit Singh Panjwar in Pakistan, who was assassinated in Lahore in May in 2023.

A month after Panjwar’s assassination, a prominent face of Sikh freedom movement in Canada, Hardeep Singh Nijjar, was shot dead in Surrey. The Canadian government accused India of killing the Sikh leader who was head of a gurdwara in Surrey.

Meanwhile, another freedom fighter Bhai Avtar Singh Khanda died under mysterious circumstances. The UK Sikh bodies have evidence that somebody gave him poison in the food and demanded a probe of the death, but the UK government which has strong ties with India, did not conduct the probe. Khanda was also on target of Indian intelligence agencies as he was one of the main faces of the Khalistan movement in the UK.