From UPSC perspective, the following things are important :
Prelims level: GANHRI, NHRC
Mains level: Alleged HR violations in India, Western propaganda behind
Central Idea
The Global Alliance of National Human Rights Institutions (GANHRI), a UN-recognized organization, has deferred the accreditation of India’s National Human Rights Commission (NHRC-India) for the second time in a decade.
GANHRI (Global Alliance of National Human Rights Institutions) |
|
| Purpose | Promote and protect human rights globally |
| Year Established | 1993 |
| Headquarters | Geneva, Switzerland |
| Members | National Human Rights Institutions (NHRIs) from various countries |
| Key Functions | – Promoting and strengthening NHRIs worldwide
– Advocating for human rights at national, regional, and global levels – Facilitating cooperation and sharing of best practices among NHRIs – Providing capacity-building support to NHRIs etc. |
| Organizational Structure | – President: Elected from GANHRI members for a specified term
– Bureau: Assists the President in overseeing GANHRI’s work – Sub-Committees: Focused on specific thematic or regional issues |
| Key Documents | – Paris Principles: Provide guidance for the establishment and operation of NHRIs
– GANHRI Strategy: Outlines the organization’s strategic objectives and actions |
Reasons for India’s Deferment
The GANHRI’s letter to the NHRC cited several reasons for the deferment of accreditation, including:
- Political Interference: The NHRC-India faced objections related to political interference in appointments, compromising its independence.
- Police Involvement: Involving the police in probes into human rights violations raised concerns about impartiality and fair investigations.
- Lack of Cooperation: The NHRC’s poor cooperation with civil society was criticized, hindering its effectiveness in protecting human rights.
- Lack of Diversity: The GANHRI highlighted the lack of diversity in staff and leadership positions within the NHRC.
- Insufficient Protection of Marginalized Groups: The NHRC was found to have taken insufficient action to protect marginalized groups, contrary to the U.N.’s principles on national institutions (the ‘Paris Principles).
Concerns highlighted against India
- Many NGOs such as Amnesty International, Front Line Defenders etc. wrote a joint letter to GANHRI expressing their objections to NHRC India’s ‘A’ rank.
- They highlighted the commission’s failure to protect marginalized communities, religious minorities, and human rights defenders.
- The letter emphasized that the NHRC’s functioning has regressed since 2017, undermining its independence and adherence to the Paris Principles.
Paris Principles and Accreditation Criteria
The United Nations’ Paris Principles, adopted in 1993, serve as international benchmarks for accrediting National Human Rights Institutions (NHRIs). The Paris Principles outline six main criteria that NHRIs must meet:
- Mandate and Competence: NHRIs should have a clear mandate and the necessary expertise to protect human rights effectively.
- Autonomy from Government: NHRIs must operate independently from government influence or control.
- Independence: NHRIs should have their independence guaranteed by a statute or constitution.
- Pluralism: NHRIs should ensure diversity and inclusivity in their staffing and leadership positions.
- Adequate Resources: NHRIs should have sufficient resources to carry out their mandated functions effectively.
- Powers of Investigation: NHRIs should possess adequate investigative powers to address human rights violations.
Background of NHRC-India
- The NHRC-India was established under the Protection of Human Rights Act enacted by Parliament in 1993.
- It has held ‘A’ status accreditation since the beginning of the NHRI accreditation process in 1999, which it retained in 2006, 2011, and 2017, despite a previous deferment.
- This status allows participation in the work and decision-making of GANHRI, the Human Rights Council, and other U.N. mechanisms
Response from India
- The NHRC clarified that the deferment by the Sub Committee on Accreditation (SCA) does not affect its current ‘A’ status accreditation and associated privileges.
- The reaccreditation process is still ongoing, and the SCA has recommended advocating with the government and Parliamentarians for legislative amendments to improve compliance with the Paris Principles.
- The NHRC assured that they have addressed most of the issues raised by the SCA and will submit a response shortly as part of the ongoing process.
Way Forward
To address the concerns raised by GANHRI and human rights organizations, the NHRC-India should take the following steps:
- Strengthen Independence: Ensure that the NHRC operates independently without political interference, safeguarding its credibility and effectiveness.
- Promote Diversity: Take measures to enhance diversity in staffing and leadership positions within the NHRC to ensure a broader representation of society.
- Improve Protection of Marginalized Groups: Develop comprehensive strategies and policies to provide effective protection and support to marginalized communities, religious minorities, and human rights defenders.
- Address Legislative Amendments: Actively engage with the government and Parliamentarians to advocate for necessary legislative amendments that align with the Paris Principles and enhance compliance with international human rights standards.
Conclusion
- By implementing these measures, the NHRC-India can strengthen its functioning, regain the confidence of GANHRI and human rights organizations, and ensure the effective protection of human rights in India.
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