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GANHRI Accreditation

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 22-May-2024

Source: Indian Express

Introduction

An organization associated with the United Nations Human Rights Office has postponed the accreditation of India's National Human Rights Commission (NHRC) for the second consecutive year. The Geneva-based Global Alliance of National Human Rights Institutions (GANHRI) has withheld accreditation from the NHRC, a necessary status for the commission to represent India and participate in voting at the UN Human Rights Council.

What is GANHRI - Global Alliance of National Human Rights Institutions?

  • History and Formation:
    • It was established in 1993 after the adoption of the Paris Principles by the UN General Assembly.
    • It was formerly known as the International Coordinating Committee (ICC) of NHRIs.
    • It was formed at an international workshop of NHRIs held in Tunis in 1993.
    • The UN has adopted several resolutions calling for strengthening of NHRIs and GANHRI.
  • Role and Functions:
    • Acts as the global alliance/association for National Human Rights Institutions worldwide
    • Promotes and strengthens NHRIs to be effective and accredited bodies
    • Supports exchange of information, experiences and best practices among NHRIs
    • Coordinates joint activities and positions of NHRIs at international level
  • Accreditation Process:
    • GANHRI's core function is to accredit NHRIs through its Subcommittee on Accreditation (SCA).
    • NHRIs are reviewed every 5 years to assess compliance with the Paris Principles.
    • Based on review, they are granted 'A' status (full compliance) or 'B' status (partial compliance).
    • 'A' status allows NHRI participation in UN Human Rights Council and mechanisms.
  • Structure and Governance:
    • GANHRI Bureau of 16 members acts as its global governing body
    • The Bureau is elected from regions and has representations based on accreditation status
    • A Chairperson and 4 regional Vice-Chairs lead the Bureau
    • The GANHRI Secretariat is based in Geneva and headed by a Secretary

What is the Significance of GANHRI Accreditation?

  • Accredited 'A' status NHRIs can participate in UN Human Rights Council meetings, vote, and hold governance positions within GANHRI.
  • A lack of accreditation restricts the NHRC's ability to represent India at the UN forum.
  • The delay also raises concerns about the NHRC's independence, competence and fairness.

What is NHRC - National Human Rights Commission?

  • History and Establishment:
    • The NHRC was constituted on 12th October 1993 under the Protection of Human Rights Act, 1993.
      • The Act was enacted by the Parliament to provide better protection of human rights in India.
    • It was set up in conformity with the Paris Principles adopted at the UN workshop in 1991.
      • The Paris Principles provide minimum standards for effective functioning of National Human Rights Institutions.
    • The NHRC is one of the few NHRIs in the world to be headed by a former Chief Justice.
  • Mandate and Functions:
    • Broad statutory mandate to protect and promote human rights in the country
    • Covers rights related to life, liberty, equality and dignity guaranteed by Constitution
    • Can inquire into any violation of human rights or negligence by public servants
    • Reviews constitutional/legal safeguards for protection of human rights
    • Studies international treaties and recommends effective implementation
    • Spreads human rights literacy and awareness among various sections
  • Powers and Responsibilities:
    • It has powers of a civil court while conducting inquiries or investigations.
    • It can summon witnesses, receive evidence, requisition public records.
    • It can recommend payment of compensation or damages for violations.
    • It can approach the Supreme Court/High Courts for directions, orders or writs.
    • It is responsible for preventing violation of rights relating to custody, torture, racial discrimination etc.
    • It submits annual and special reports to Parliament and State Legislatures.
  • Structure and Composition:
    • Chairperson: Retired Chief Justice of India
    • 5 Members: Retired Judges, eminent persons with human rights background
    • 7 Deemed Members: Chairpersons of National Commissions (Women, Minorities, SCs, STs etc.)
    • Supported by Secretary General and investigation/administrative wings

What is the United Nations Human Rights Council?

  • Overview:
    • The Human Rights Council is an intergovernmental body within the United Nations system responsible for promoting and protecting human rights globally.
    • It was established in 2006 by the UN General Assembly, it serves as the primary multilateral forum to address human rights violations and situations requiring attention.
    • The Council is based at the UN Office in Geneva, Switzerland.
  • Composition and Structure:
    • The Human Rights Council comprises 47 UN member states elected by a majority vote in the General Assembly.
    • The seats are distributed equitably across regional groups, with one-third of the members renewed annually for three-year terms.
    • As of December 2022, 123 of the 193 UN member states have served on the Council, reflecting global diversity.
    • The Council has a bureau consisting of a president and four vice-presidents representing each regional group.
  • Functions and Mechanisms:
    • Regular and Special Sessions: The Council holds regular sessions throughout the year and can convene special sessions to respond to urgent human rights crises.
    • Universal Periodic Review (UPR): A state-led mechanism that periodically reviews the human rights records of all UN member states.
    • Special Procedures: Independent experts appointed to monitor and report on specific human rights themes or country situations.
    • Advisory Committee: Provides expertise and advice to the Council on thematic human rights issues.
    • Complaint Procedure: Allows individuals and organizations to bring human rights violations to the Council's attention.
    • Resolutions and Decisions: The Council adopts resolutions and decisions expressing the international community's stance on human rights matters.
    • Commissions of Inquiry and Fact-Finding Missions: Investigates and reports on alleged war crimes, crimes against humanity, and other human rights violations.
  • Support and Cooperation:
    • The Office of the UN High Commissioner for Human Rights (OHCHR) provides substantive, technical, and secretariat support to the Human Rights Council.
    • UN member states commit to upholding human rights and cooperating fully with the Council, including through Universal Periodic Reviews and Special Procedures.
    • The General Assembly can suspend a member state's participation in cases of gross and systematic human rights violations.

What are the Reasons for Deferral?

  • The specific reasons for delaying India's accreditation remain unclear, as GANHRI has not yet published its report.
  • Nonetheless, last year's report pointed out concerns such as a lack of transparency in NHRC appointments, potential conflicts of interest, and the absence of minority or female representation.
  • Furthermore, human rights organizations, including Amnesty International, have called on GANHRI to reassess the NHRC's 'A' rating due to worries about decreasing civic space and discrimination against minorities in India.

Way Forward

  • As India awaits GANHRI's final decision, the NHRC's credibility and effectiveness remain under scrutiny.
  • Addressing the concerns raised, ensuring independence and pluralism, and adhering to the Paris Principles will be important for the country's top human rights watchdog to regain its international standing and ability to represent India at the UN Human Rights Council.