Top UN body tells India: Stop political, government interference in National Human Rights Commission

NHRC chairperson HL Dattu

By A Representative
An authoritative report to the United Nations High Commissioner for Human Rights (OHCHR) by OHCHR’s affiliate, Global Alliance of National Human Rights Institutes (GANHRI), has created flutter by recommending that accreditation to India’s National Human Rights Commission (NHRC) should be deferred till November 2017.
Prepared by GANHRI’s Sub-Committee on Accreditation (SCA), has particularly taken strong exception to politicians and government functionaries as NHRC members, even as referring to the fact that the Chairperson of the National Commission for Scheduled Castes is a Member of Parliament (MP), and “has voting rights in the full statutory commission.”
The reference here is to PL Punia, member of the Lok Sabha from 2009 to 2014 representing Barabanki Lok Sabha constituency. A Dalit leader of the Congress, as chairperson of the National Commission for Scheduled Castes he sits ex-officio on NHRC.
In November last year, a senior BJP leader, former Rajya Sabha member Avinash Rai Khanna, was selected to join as NHRC member. Following national furor over the move, Khanna re-joined BJP and took over as national vice-president, the post he had surrendered in the first week of November join NHRC.
Quoting UN documents, which require a national human rights institute to be “independent from government in its structure, composition, decision-making and method of operation”, the report notes, it must be constituted and empowered to consider and determine the strategic priorities and activities of NHRC “based solely on its determination of the human rights priorities in the country, free from political interference.”
“Government representatives and MPs should not be members of, nor participate in, the decision-making organs of an NHRI”, the report states, adding, their membership of, and participation in, the decision-making body of NHRC has “the potential to impact on the real and perceived independence”.
The report insists, NHRC’s legislation should clearly indicate that government functionaries and politicians “participate only in an advisory capacity”, adding, in order to further promote independence in decision-making, and avoid conflicts of interest, NHRC’s “rules of procedure should establish practices to ensure that such persons are unable to inappropriately influence decision-making.”
The report particularly takes exception to Section 11 of the NHRC Act, which requires that the Central Government to appoint a civil servant with the rank of secretary to take the role of Secretary General of NHRC, and a police officer of the rank of Director General of Police or above to take the post of Director (Investigations).
The report underlines, “The practice of having police officers and former police officers involved in the investigation of human rights violations, particularly in circumstances where the alleged perpetrators are the police. It noted that this practice has adverse implications for the actual and perceived independence of the NHRC.”
Insisting that there should be “broad consultation and/ or participation in the application, screening, selection and appointment process”, the report bemoans, for the last five years, the position of secretary-general of NHRC “has been held by a variety of people and has been vacant for a substantial period of time.”
"As concerns the Director General (Investigation) and the practice of using former police officers to investigate complaints”, the report says, adding, “For victims of abuses by police, there is a real or perceived conflict of interest, and this may impact the ability of such persons to access human rights justice.”
---
Download full report HERE

Comments

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor* This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

India's health workers have no legal right for their protection, regrets NGO network

Counterview Desk In a letter to Union labour and employment minister Santosh Gangwar, the civil rights group Occupational and Environmental Health Network of India (OEHNI), writing against the backdrop of strike by Bhabha hospital heath care workers, has insisted that they should be given “clear legal right for their protection”.

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat* As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat* Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu. He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Job opportunities decreasing, wages remain low: Delhi construction workers' plight

By Bharat Dogra* It was about 32 years back that a hut colony in posh Prashant Vihar area of Delhi was demolished. It was after a great struggle that the people evicted from here could get alternative plots that were not too far away from their earlier colony. Nirmana, an organization of construction workers, played an important role in helping the evicted people to get this alternative land. At that time it was a big relief to get this alternative land, even though the plots given to them were very small ones of 10X8 feet size. The people worked hard to construct new houses, often constructing two floors so that the family could be accommodated in the small plots. However a recent visit revealed that people are rather disheartened now by a number of adverse factors. They have not been given the proper allotment papers yet. There is still no sewer system here. They have to use public toilets constructed some distance away which can sometimes be quite messy. There is still no...

Women's rights leaders told to negotiate with Muslimness, as India's donor agencies shun the word Muslim

By A Representative Former vice-president Hamid Ansari has sharply criticized donor agencies engaged in nongovernmental development work, saying that they seek to "help out" marginalizes communities with their funds, but shy away from naming Muslims as the target group, something, he insisted, needs to change. Speaking at a book release function in Delhi, he said, since large sections of Muslims are poor, they need political as also social outreach.

Gujarat Bitcoin scam worth Rs 5,000 crore "linked" with BJP leaders: Need for Supreme Court monitored probe

By Shaktisinh Gohil* BJP hit a jackpot in the form of demonetisation, which it used as an alibi to convert black money into white in Gujarat. Even as party scrambles for answers of how the Ahmedabad District Cooperative Bank (ADCB), whose director is BJP president Amit Shah, received old currency worth Rs 745.58 crore in just five days, and how Rs 3118.51 crore was deposited in 11 district cooperative banks linked with Gujarat BJP leaders, a new mega Bitcoin scam, worth more than Rs 5,000 crore has been unraveled.

Warning bells for India: Tribal exploitation by powerful corporate interests may turn into international issue

By Ashok Shrimali* Warning bells are ringing for India. Even as news drops in from Odisha that Adivasi villages, one after another, are rejecting the top UK-based MNC Vedanta's plea for mining, a recent move by two senior scholars Felix Padel and Samarendra Das suggests the way tribals are being exploited in India by powerful international and national business interests may become an international issue. In fact, one has only to count days when things may be taken up at the United Nations level, with India being pushed to the corner. Padel, it may be recalled, is a major British authority on indigenous peoples across the world, with several scholarly books to his credit.

Counterview

Search This Blog