Review of India’s human rights accreditation status deferred

Review of India’s human rights accreditation status deferred


Context: The accreditation of the National Human Rights Commission-India (NHRC) by the Geneva-based, United Nation slinked Global Alliance of National Human Rights Institutions (GANHRI) was deferred for the second year in a row.  


• India\'s accreditation status with the Global Alliance of National Human Rights Institutions (GANHRI) has been suspended for two consecutive years, in 2023 and 2024.
• The decision to defer India\'s accreditation was made during the meeting of the Sub-Committee on Accreditation (SCA) on May 1, 2024.
• This development could potentially impact Indias voting rights at the Human Rights Council and certain bodies of the United Nations General Assembly (UNGA).


About Global Alliance for National Human Rights Institutions:


• Global Alliance for National Human Rights Institutions (GANHRI):


o Affiliated with the UN High Commissioner for Human Rights.
o A network of 120 national human rights institutions (NHRIs) worldwide, working to promote and protect human rights.
o Mission is to unite, promote, and strengthen NHRIs to operate in accordance with the UN Paris Principles.


• Accreditation by GANHRI:


o Sub-Committee on Accreditation (SCA) reviews NHRIs every five years with an appeal process for transparency and due process.
o GANHRIs accreditation process ensures compliance with the Paris Principles, emphasizing independence, pluralism, and accountability.
o Paris Principles establish minimum standards for NHRIs to be considered credible.


• Review Process:


o NHRIs are reviewed by the SCA when applying for initial accreditation, re-accreditation every five years, or if there are changes affecting compliance with the Paris Principles.


• Accreditation Status:
o NHRIs compliant with Paris Principles receive \'A status\' accreditation, while partial compliance leads to \'B status\'.
o Accreditation status affects a country\'s voting eligibility at the UN Human Rights Council and certain UNGA bodies.


• India\'s NHRC Accreditation:


o India\'s National Human Rights Commission (NHRC) achieved \'A status\' accreditation for the first time in1999.
o It retained \'A status\' in subsequent reviews held in 2006, 2011, and 2017, with a one-year deferral in be

National Human Rights Commission (NHRC)

• Establishment  Role  Composition

  • - Established under the Protection of Human Rights Act, 1993  Acts as the watchdog of human rights in the country. 
  • - Multi-member body consisting of a chairperson and five members

- Chairperson: Retired Chief Justice of India or a Judge of the Supreme Court.
- Members: Supreme Court Judge, High Court Chief Justice, and three persons with human rights expertise. (At least one member must be a woman).

• Appointment & Tenure

  • -Appointed by the President based on recommendations of a six member committee.
    - Committee includes the Prime Minister, Lok Sabha Speaker, Rajya Sabha Deputy Chairman,
    -Leaders of Opposition in both Houses of Parliament, and Central Home Minister.
    -Term of appointment: 3 years or until the age of 70 years, whichever is earlier.
    -Eligible for reappointment.

 

NHRC-India Accreditation

Status ReviewDetails
BackgroundNHRC\'s accreditation review was halted in 2023 due to concerns
regarding:
- Composition procedure of NHRC members.
- Presence of police personnel in human rights investigations.
- Lack of gender and minority representation within NHRC.
Review DateNHRC\'s performance was re-evaluated on May 1, 2024, to determine its
accreditation status.
Observations by SCA The latest committee report is awaited; however, the 2023 report
highlighted several issues, including:
- Lack of transparency in NHRC member appointments.                                                                                                                 - Appointment of police officers overseeing human rights investigations.
- Insufficient gender and minority representation among NHRC
members
India\'s PositionGANHRI requested structural changes and suggestions to be
incorporated by India.
However, implementation was hindered by ongoing general elections in
India. 

 

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