GS 2: INTERNATIONAL RELATIONS
THE CONTEXT: The Geneva-based Global Alliance of National Human Rights Institutions (GANHRI), a United Nations-linked body, has deferred the accreditation of India’s National Human Rights Commission (NHRC) for the second consecutive year.
EXPLANATION:
- This decision, taken during the Sub Committee on Accreditation (SCA) meeting on May 1, could significantly impact India’s participation in the Human Rights Council and some United Nations General Assembly (UNGA) bodies.
NHRC-India
- The NHRC-India was established under the Protection of Human Rights Act, passed by the Indian Parliament in 1993.
- Since the inception of the accreditation process for National Human Rights Institutions (NHRIs) in 1999, NHRC-India had consistently maintained its ‘A’ status.
- It signifies full compliance with the Paris Principles which guide the status and functioning of national human rights institutions globally.
- This status was upheld in 2006, 2011, and 2017, with a brief deferral in 2016 which was subsequently restored in 2017.
Reasons for Accreditation Deferral
- Lack of Transparency in Appointments
- The SCA’s decision to defer accreditation is rooted in several concerns.
- One primary issue is the lack of transparency in appointing members to the NHRC.
- The committee’s previous report highlighted this as a significant area needing reform.
- Conflict of Interest
- Another major concern is the appointment of police officers to oversee human rights investigations within the NHRC.
- This practice has been criticized as a conflict of interest, compromising the commission’s ability to function independently and impartially.
- The involvement of police officers in investigations was described as hindering the NHRC’s capacity to operate free from government interference.
- Lack of Diversity and Representation
- The SCA also pointed out the lack of gender and minority representation within the NHRC.
- The current composition includes only one woman, Vijaya Bharathi Sayani, in the top body.
- Furthermore, the representation of India’s largest minority religions is notably absent, which does not reflect the diversity of Indian society.
- While Rajeev Jain, a member of the Jain community, was cited as a minority representative, his tenure is ending soon, adding to the uncertainty about future appointments.
Civil Society and Human Rights Activists’ Concerns
- The deferral decision was influenced by submissions from civil society organizations and human rights activists, who raised alarms about India’s human rights record.
- Their concerns were encapsulated in a six-point submission by the SCA in March 2023, which criticized NHRC-India for failing to create conditions for operating independently of government interference.
- This includes the aforementioned conflict of interest with police officers and insufficient measures to protect marginalized groups.
Implications of the Deferral
- The deferral of NHRC-India’s ‘A’ status accreditation has significant implications.
- Primarily, it could affect India’s ability to vote in the Human Rights Council and participate in some UNGA bodies.
- This status is crucial as it affirms an NHRI’s compliance with international standards and its ability to operate independently and effectively.
Response and Future Steps
- The NHRC and government officials have acknowledged the deferral, attributing the inability to implement the recommended changes to the ongoing general elections in India.
- They indicated that the deferral would be reviewed in upcoming meetings, potentially in September this year or again in May next year.
Global Alliance of National Human Rights Institutions (GANHRI):
- The Global Alliance of National Human Rights Institutions is a global network of national human rights institutions (NHRIs) which coordinates the relationship between NHRIs and the United Nations human rights system.
- GANHRI was known until 2016 as the International Coordinating Committee of National Human Rights Institutions or International Coordinating Committee, abbreviated ICC
- It is unique as the only non-UN body whose internal accreditation system, based on compliance with the 1993 Paris Principles, grants access to UN committees.
- Institutions accredited by the Subcommittee for Accreditation (SCA) of GANHRI with “A status”, meaning full compliance with the Paris Principles, are usually accorded speaking rights and seating at human rights treaty bodies and other UN organs, mainly to the Human Rights Council.
- GANHRI representatives often present statements on behalf of individual NHRIs or the regional groups.
- GANHRI is constituted as a non-profit entity under Swiss law, and has one member of staff representing it at the United Nations Office at Geneva.
- Secretariat support is provided to GANHRI by the National Institutions and Regional Mechanisms (NIRM) Unit of the Field Operations and Technical Cooperation Division of the Office of the United Nations High Commissioner for Human Rights (OHCHR).
- Additional work devolves on the NHRI elected to chair the network, currently chaired since 2016 by Beate Rudolf from the German Institute for Human Rights, and on the regional chairs of GANHRI’s four regional networks.
