TAG: GS 2: INTERNATIONAL RELATIONS
THE CONTEXT: India has successfully concluded its fourth periodic review by the UN Human Rights Committee under the International Covenant on Civil and Political Rights (ICCPR) in Geneva.
EXPLANATION:
ICCPR
- The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights, and the right to due process and a fair trial.
- It was adopted by a 1966 United Nations General Assembly Resolution and entered into force on March 23, 1976, after its thirty-fifth ratification or accession.
- The Covenant has 174 parties and six more signatories without ratification, most notably the People’s Republic of China and Cuba; North Korea is the only state that has tried to withdraw.
- India became a party to the ICCPR in 1979, committing itself to uphold the civil and political rights enshrined in the Covenant.
- The country has since undergone three periodic reviews, with the last review conducted in 1997.
- The Human Rights Committee, composed of 18 independent experts, monitors the implementation of the ICCPR.
- It reviews periodic reports submitted by member countries, providing observations and recommendations to ensure compliance with the Covenant’s provisions.
The Fourth Periodic Review
- The Attorney General and Solicitor General jointly led the Indian delegation.
- Other members included Secretary (West) and senior officials from various ministries, including Women and Child Development, Social Justice and Empowerment, Electronics and Information Technology, Minority Affairs, External Affairs, Tribal Affairs, and Home Affairs.
- The review, conducted on July 15-16, involved a constructive dialogue between the Indian delegation and the Human Rights Committee members.
- The discussions covered a broad range of civil and political rights issues.
Key Issues Discussed
- Anti-Corruption Measures
- The committee inquired about India’s efforts to combat corruption.
- The Indian delegation detailed legislative and administrative measures implemented to enhance transparency and accountability in governance.
- Non-Discrimination
- Questions were raised about non-discrimination policies, particularly regarding marginalized communities.
- India highlighted its legal framework and affirmative action programs, which are designed to promote equality and protect the rights of vulnerable groups.
- Status of Women and Minorities
- The delegation addressed concerns related to the status of women and minorities, showcasing initiatives aimed at empowering these groups and ensuring their rights and freedoms are protected under the Indian Constitution.
- Counter-Terrorism and National Security
- India’s counter-terrorism and national security measures were also scrutinized.
- The delegation emphasized the balance between ensuring security and upholding human rights, noting the legal safeguards in place to prevent abuse.
- Judicial Framework
- The committee discussed the effectiveness and independence of India’s judicial framework.
- The Indian delegation underscored the robustness of its judicial system, including recent reforms to enhance judicial efficiency and access to justice.
- Privacy and Data Protection
- India’s privacy and data protection laws were examined, with the delegation detailing the legislative framework designed to safeguard individuals’ privacy in the digital age.
- New Criminal Laws
- The committee was informed about India’s new criminal laws and their implications for human rights.
- The delegation highlighted how these laws align with international standards and protect citizens’ rights.
India’s Achievements and Commitments
- The Indian delegation highlighted its success in protecting the rights of vulnerable groups, including women, children, and minorities.
- Specific programs and policies aimed at their empowerment were showcased.
- India’s role in the evolution of the global human rights framework was acknowledged.
- The delegation emphasized India’s active participation in international human rights forums and contributions to global discourse.
Appreciation from the Human Rights Committee
- The Human Rights Committee members appreciatively praised India’s traditions and ethos rooted in pluralism, nonviolence, and diversity.
- They acknowledged India as a vibrant parliamentary democracy, noting its successful conduct of the largest democratic exercise in history.
UN human rights committee
- The Human Rights Committee is the body of 18 independent experts that monitors implementation of the International Covenant on Civil and Political Rights by its State parties.
- All States parties are obliged to submit regular reports to the Committee on how civil and political rights are being implemented.
- States must report initially one year after acceding to the Covenant and then whenever the Committee requests.
- In accordance with the Predictable Review Cycle, the Committee requests the submission of the report based on an eight-year calendar.
- The Committee examines each report and addresses its concerns and recommendations to the State party in the form of ‘concluding observations’.
- In addition,
- Article 41 of the Covenant provides for the Committee to consider inter-state complaints.
- The Optional Protocol to the Covenant gives the Committee competence to examine individual complaints regarding alleged violations of the Covenant by States parties to the Protocol.
- The Second Optional Protocol to the Covenant relates to the abolition of the death penalty by States who have accepted the Protocol.
