nhrc and the global nhri movement

8/11/2019 NHRC and the Global NHRI Movement

1/19

Evolution, evaluation and contribution.


2/19

Evolved as a strong institution with a strongstatutory standing.

Lauded world over for its contributionandachievements ESCR, Scale of Challenges,etc.

Good performanceon first look, but devil indetails .


3/19


4/19

Geopolitical Western Strategy to win the war: Evolution of UDHR

Atlantic Charter

Nuremberg Paradigm/ Judicial Trials

Truth Commissions

Nation-states as the legitimate bodies forpromoting and protecting human rights.

Rooted in Paris Principles of 1991.


5/19

Monitor violations

Advise the State on violations, legislation,compliance and implementation

Cooperation with regional and internationalorganizations

Educate and inform about HR

Preferred to have quasi-judicial competence


6/19

1993 Protection of Human Rights Act(PHRA)

Reason? Buckling under International

Pressure.

Violations during anti-terror and anti-secessionist operations.

International significance: Largest developingcountry with strongest on-paper institution.


7/19


8/19

Implementation of Paris Principles and UN

Handbook guidelines

Independence and Security

Legal Foundation

Composition Financial Autonomy and Capacity

Mandate

Universal Period Review

Process and Standards


9/19

Paris Principles generic on criteria

Appointment and Dismissal

1) Objective appointment By Pres/Parl byqualification or affiliation

2)Objective appointment By institutions

themselves

3) Subjective appointment By Pres/Parl


10/19

Pluralistic representation1. Appoint Commissioners representing vulnerable

groups

Eg. Most countries with commissions, New Zealand,

India, Australia

2. Appoint NGOs representing vulnerable groups inthe Governing Council

Eg. Denmark and France


11/19


12/19

Adequate funding, ideally via Parliament AiNNI criticism MHA instead of Parliament

Parliament but politicized

Capacity In Delhi inaccessible

English website

Hindi phone line

5 commissioners 500 complaints


13/19

Process Every 4.5 years

42 states reviewed during each cycle

Outcome report

20 pg by NHRI

10 pg by OHCHR of UN

10 pg by Civil Society

Body of Law but heavily politicised


14/19

Applicable standards

Each states HR obligations and commitments

Vienna Convention and the Non-paper

Lesser the treaties, less stringent the standards

Less stringent the standards, higher the ratings


15/19

Ratified only 8 out of 22 HR instruments, i.e.36%

Out of 196 countries, only 56have signedlesser than us.

71%of the countries have signed more than

us.

Rated A-Grade on C-Grade standards


16/19


17/19

Member of ICC for 8 years, Chair for 5

Action Research Programme on Trafficking inWomen and Children in India with UNIFEM

Special Rapporteur to the UN on drafting ofthe international Convention on Disability.


18/19

Founding member

Financial funder 100,000 USD

Prevention of Trafficking in Persons

International Convention on Persons with

Disabilities


19/19

Bilateral cooperation with Nepal, Canada,Jordan, Egypt, Iran, Sudan, Germany and EU.

Acknowledged for its contribution to ESCR.

Internet based Complaint ManagementSystem (CMS).

Research projects with NHRIs andUniversities.

nhrc and the global nhri movement

Documents