The following is the communication from the Hon’ble Chairman of the NHRC, Justice K.G.Balakrishnan dated 4th July 2011 placing on record NHRC’s challenge to the ICC SCA recommendations of May 2011. It is a voluminous challenge and has been accessed by the AiNNI through an RTI petition that AiNNI had filed with the NHRC to obtain the same. It is a pity that the same is not available on the web site of the NHRC although the NHRC’s response to the AiNNI ICC report of 2011 is found on the NHRC web site. Click here

The following is the recommendation of the ICC – SCA to the Indian NHRC after its accreditation exercise in Geneva in May 2011. The 5 major recommendatory ‘ conditions’ are quite interesting to note and is a fitting response to the concerns on the functioning of the NHRC that was captured in the shadow report of AiNNI to the ICC – SCA in January 2011 and which was responded to by the NHRC in quite detail and is also available on their own web site. It is important therefore that we all work along with the NHRC to ensure that these recommendations are published and made known throughout the country. AiNNI obtained them only by filing an RTI to this effect and this is not available on the NHRC web site. Click here

With a paucity of rights and justice in the Commonwealth, can National Human Rights Institutions and Civil Society afford to work in isolation?

• Across the Commonwealth, the voice of civil society is being stifled and muted; there is a sustained infringement of fundamental freedoms mostly in the name of security measures that are giving way to widespread impunity and a severe shrinking of civil society space.
• Human rights defenders are targeted for their work and face serious threats to life and liberty, spanning from restrictive legislations, intimidation, arbitrary arrests, and violence.
• While the human rights situation in the Commonwealth has been on a downslide, the numbers of Commonwealth National Human Rights Institutions (NHRIs) have continued to increase

Commonwealth Human Rights Initiative (CHRI) prepares a Commonwealth Heads of Government Meeting (CHOGM) report on different human rights topics coinciding with the biennial meeting of Commonwealth leaders.

CHRI’s 2011 CHOGM report finds that, with over 30 national human rights institutions (NHRIs) and countless civil society actors working to further human rights in the Commonwealth, there is an urgent need for effective engagement between the two.

CHRI’s 2011 report ‘A Partnership for Human Rights: Civil Society and National Human Rights Institutions’ showcases an array of examples from the Commonwealth where collaboration and consultation have proven to be mutually enhancing. Working with an NHRI can confer many benefits on civil society and both actors can accomplish their goals better by working together. The limitations of one actor can be overcome by the strengths of the other.

The report makes the assertion that obstacles to developing good working relationships between Commonwealth NHRIs and civil society must be overcome and calls on the Commonwealth to become a champion of NHRI-civil society engagement.

Click here to view an electronic version of the report.

Click here to view the executive summary of the report.

Click here to view previous CHOGM reports.

CHRI New Delhi Office
B-117, 1st Floor,
Sarvodaya Enclave,
New Delhi – 110017, INDIA
T +91 (0)11 4318 0200
F +91 (0)11 2686 4688
info@humanrightsinitiative.org

CHRI London Office
Institute of Commonwealth Studies
School of Advanced Study,
University of London,
2nd Floor, South Block, Senate House,
Malet Street, London WC1E 7HU
T +44 (0)207 862 8857
F +44 (0)207 862 8820
chri@sas.ac.uk

CHRI Accra Office
House No. 9, Samora Machel Street
Asylum Down,
Opposite Beverly Hills Hotel,
Near Trust Towers, Accra, Ghana
T +233 (0)302 971170
F +233 (0)302 244819
chriafrica@humanrightsinitiative.org

Mr. Henri Tiphagne, Honorary Working Secretary, AiNNI, speaking at the release of the NGO report on the NHRC’s compliance of Paris Principles for the Press in Chennai on the 21^st of February, 2011 (Click Here to Access)

Brief report on the release of Manipuri version of AiNNI report to ICC (Click Here to Access)

NHRC STATEMENT ON MEDIA RELEASE OF AiNNI REPORT

New Delhi, April 26th, 2011

The National Human Rights Commission, NHRC, is pained to notice that a group of NGOs, under the banner of All India Network of NGOs and Individuals, AiNNI, who, due to some vested interests, perhaps, have lowered the prestige of the country in the eyes of the world community by asking the International Coordination Committee, ICC to downgrade a national institution like NHRC which has “A” accreditation status for its credibility as a human rights organization. This despite the fact that NHRC, India is the most empowered autonomous and independent statutory NHRI in the world and also recognized so.

The report prepared by these NGOs on NHRC, India and released recently in New Delhi at a press conference by Justice J.S. Verma, former Chairperson, NHRC and in Mumbai by Justice H. Suresh, a former high court Judge and also reported about in a section of media is misleading as it seeks to misrepresent the facts. The Commission is disappointed to see that its former Chairperson associated himself with the release of a report on NHRC, India which also criticizes his period for not doing enough to protect the human rights.

NHRC India scrupulously adheres to the provisions of section 12(i) of the Protection of Human Rights Act,1993 and has a mechanism in place for having periodical consultations with the NGOs on vital human rights issues in not only generating awareness, but also in assessing human rights scenario. NHRC, India organizes meetings of its Core Group of NGOs more frequently than ever before despite a lukewarm response from them. The Commission has also been taking steps to ensure the safety of the human rights defenders, who mostly include the active members of the civil society, and has set up a focal point for them.

It is strange that people behind AiNNI and criticizing NHRC, India are also the members of its Core Group of NGOs. They have been repeatedly asked to contribute for National Human Rights Action Plan on which NHRC is working, but none of them made any contribution. Despite invitations from NHRC, on many occasions, these NGOs failed to turn up to its national level seminars, workshops and consultations on many important human rights issues. This shows that they are only interested in criticizing NHRC, India only to distort public perception and faith in it.

During the last 17 years of its existence since 1993, NHRC, India has emerged as one of the leading institutions in the Asia Pacific Region by virtue of its interventions, recommendations and proactive approach in matters of human rights violations. This is a fact well recognized by the international bodies including the ICC of National Human Rights Institutions which accredited it with ‘A’ status in 2006. The U.N. High Commissioner for Human Rights, Ms. Navanethem Pillay in her visit to India in recent past also appreciated NHRC, India for its work.

The Commission has succeeded in getting the human rights education included in the curriculum of the universities, colleges and schools and also in training institutes. This is an ongoing effort, which is being pursued with vigour and commitment.

The rising number of complaints on human rights violations only proves the fact that awareness is growing about NHRC, India’s work and the faith the people have in it. Most of the recommendations made by NHRC are implemented by the public authorities. Its recommendations on the issues like bonded and child labour, torture, narco analysis, mental health, manual scavenging, silicosis, endosulfan, rights of physically challenged, displacement of people due to riots or industrialization, encounter and custodial deaths etc. have made significant impact. The Government of Orissa on the recommendations of the Commission recently abolished age old ‘Bartan’ system, which is a kind of bonded labour.

The Commission also restored the practice of camp sitting during the year 2010-2011 and held two sittings for Southern States at Bangalore and for Orissa at Bhubaneswar for on the spot disposal of long pending cases. During the year 2010-2011, the Commission disposed of 88788 cases, out of which in 574 cases monetary relief to the tune of Rs. 19 crores were recommended. During the year 2009-2010, the Commission disposed of 86050 cases out of which in 398 cases monetary relief to the tune of Rs. 6.29 crores were recommended. During the year 2008-2009, the Commission disposed of 103996 cases, out of which in 373 cases monetary relief to the tune of Rs. 5.02 crores were recommended.

The Commission has been instrumental in persuading states to set up Human Rights Commissions and twenty states have set up the State Human Rights Commissions. The Commission functions and acts as per its jurisdiction and powers bestowed upon it by the Protection of Human Rights Act passed by Parliament. But given the complaints on human rights violations in Jammu & Kashmir where it does not have full jurisdiction, the Commission recently, for the first time, has given a thorough interpretation to the Act explaining that NHRC India has a role to facilitate good governance in the state for protection and promotion of the human rights and to that extent it has its jurisdiction in J&K state also.

The Chairperson and Members of the Commission are appointed by the President of India on the recommendations by a committee headed by the Prime Minister and comprising Deputy Chairman of Rajya Sabha, Leader of opposition Rajya Sabha, Speaker of Lok Sabha, Leader of the opposition, Lok Sabha and the Union Home Minister. This is considered as the most transparent process of appointment of Chairperson and Members of the Commission in the world. The Commission is making efforts to impress upon the government to have in place a new Act for the people with disabilities conforming to the UNCRPD.

All India Seminar on Attack by the State on the Life and Personal liberty of its people, organized by PUCL (Click Here to Access)

The NGO Report on the Compliance of Paris Principles by the National Human Rights Commission of India sent by AiNNI on the 22^nd of January 2011 to the SCA of the ICC (Sub Committee on Accreditation of the International Coordination Committee on National Institutions) was released for the national Press was done on the 6^th of April, 2011 at the Constitution Club, New Delhi. The Report was released by Justice J. S. Verma, Former Chief Justice of India and Former Chairperson of the NHRC.

The report was also released in different states by members of AiNNI on later dates.

Click here to access the Press Release