--- On Tue, 24/5/11, teesta setalvad <teestateesta@gmail.com> wrote:
From: teesta setalvad <teestateesta@gmail.com>
Subject: [humanrights-movement:4353] Re: [PMARC] FW: : PW - Udate - News from Geneva
To: "Dalits Media Watch" <PMARC@dgroups.org>
Cc: HumJanenge@yahoogroups.co.in, jharkhand@yahoogroups.co.in, rti4ngo@yahoogroups.com, childrensrighttofood@googlegroups.com, loksatta_initiative@yahoogroups.com, ncpriworkingcommittee@yahoogroups.com, urja-delhi-rwas@googlegroups.com, pwap@yahoogroups.com, ncprimailinglist@yahoogroups.com, antibriberycampaign@yahoogroups.com, development_communication_in_Orissa-owner@yahoogroups.com, arkitectindia@yahoogroups.com, activism-news-network@googlegroups.com, youngactivists@lists.riseup.net, citizens-for-peace--justice@googlegroups.com, napmap@googlegroups.com, "humanrights-movement" <humanrights-movement@googlegroups.com>, "chhattisgarh-net" <chhattisgarh-net@yahoogroups.com>, "f india" <feministsindia@yahoogroups.com>, "bharat-chintan" <bharat-chintan@googlegroups.com>, "cdro" <cdro@pudr.org>, freebinayaksen-us@googlegroups.com, hrd-alert-india@googlegroups.com, sapa@googlegroups.com, anni21@googlegroups.com, aprrn_general@googlegroups.com, famembers@forum-asia.org, sapa_asean@googlegroups.com, sapa_unhr@googlegroups.com, sapa_sa@googlegroups.com, sapa_nea@googelgroups.com, sapa-cstfa@forum-asia.org
Date: Tuesday, 24 May, 2011, 12:33 PM
Appreciate the updates Lets see what happens... Teesta On Thu, May 19, 2011 at 9:18 PM, henri <henri@pwtn.org> wrote: Dear Colleagues in ANNI, We are addressing this mail from Geneva. This is to let you know that a delegation of the All India Network of Individuals and NGOs working with NHRIs (Anna) comprising Henri Tiphagne ( Hon National Working Secretary) Mr. Melon Kothari ( Former UN Special Rapporteur ) Ms. Muja Daruwala National Convenor – AiNNI and Executive Director CHRI) Ms. Vrinda Grover , Lawyer Supreme Court of India are here attending the 24th General Meeting of the International Co-ordinating Committee of NHRIs. The Indian NHRC was represented by its Chair, Justice KG Balakrishnan and Member Mr. PC Sharma IPS. They have also been accompanied by Mr. JP Meena, Joint Secretary of the NHRC. However, due to the sudden death of his brother Bhaskar in Delhi the, Chairperson Justice KG Balakrishnan immediately left for India after the inaugural session of the meeting. The meeting is being held with an inaugural address by Ms. Navi Pillay, the UN High Commissioner for Human Rights. She emphasized that NHRIs complaint with the Paris Principles are key elements of a strong and effective national human rights protection system. They are further, she stated, 'critical partners for the OHCHR and have a particularly prominent role in addressing the most critical human rights issues at the national level including through the promotion of the rule of law and ensuring accountability'. She emphasized that 'the Paris Principles provide NHRIs with a broad mandate and functions to promote and protect human rights and address the most critical human rights issues at the national level, including the promotion of the rule of law and ensuring accountability'. She continued stating, ' out of almost 100 NHRIs around the world , 65 are accredited with A status to the ICC. In 2010 OHCHR assisted the ICC to review the compliance of 26 NHRIs among them 11 were accredited "A' status.' The Indian NHRC will be taken up for its accreditation on 23rd May 2011 by the Sub Committee on Accreditation of the ICC along with other NHRIs like Australia, Austria, Canada, El Salvador, Mauritania, Namibia, New Zealand, Nicaragua, Northern Ireland, Norway and Senegal. The highlights of the alternate report prepared by AiNNI and submitted three months ago to the ICC and which the AiNNI team has shared in Geneva have highlighted the following. . | 1 | ENSURING PLURALISTIC REPRESENTATION: | The Commissioners : · from its inception 17 years ago have been drawn solely from the higher judiciary, the civil servants and disturbingly from the police. · 3 of 5 commissioners are bound to be from the higher judiciary under Sec 3 of the Act. This militates against a diversity of life experience and does not guarantee knowledge or insight of human rights. · Sec 3(d) of the Act requires that there be at least two members who have knowledge or practical experience in matters relating to human rights. Proper selections in this category would have afforded pluralism but consistently this category has been usurped to accommodate civil servants and police. · Despite a vibrant human rights community and the presence of several award winning advocates none has ever been invited on to the Commission · Marginalised communities , diverse religious thought, academia, and acknowledged experts and NGO reps find no place. [2.1. – ICC Gen Obs ] · There are no women Commissioners and this effectively excludes any meaningful participation of women and their concerns in the Commission. · The Commissioners do not represent different segments of society. The appointment procedure does not invite suggestions for diverse societal groups. [2.1 – ICC Gen Obs ] · The complete absence of pluralism in the staff of the NHRC is reflected in the table . Diversity details of the staff of the NHRC as on 23rd April 2010. 
Source : NHRC response to right to information application filed. The Staff · A large majority of the senior staff involved in the substantive work of the Commission are "secondees" who are drawn solely from within government. Senior positions such as Secretary General, Registrar Law, Director ( General ) Investigation, Joint Secretary, Deputy Inspector General (DIG), Director, Joint Registrar , Senior Superintendent of Police, (SSP), Assistant Registrar (Law), Senior System Analyst , Information & Public Relations, Officer, Information & Public Relations Officer, Programmer, Librarian, Senior Accounts Officer, Court Master, Inspector, Assistant Accounts Officer, Protocol Assistant, Research Assistant, Assistant, Programmer Assistant, Junior Accountant, Junior Accountant (i), Presenting Officer, Deputy Registrar etc are all 'secondees', completely contrary to the ICC General Observations. [2.4, 2.7. – ICC Gen Obs ] Details of staff and consultants as on 23.04.2010: 
( NB: Out of the staff on deputation numbering 74 almost all of them are senior officials of the NHRC in India.) Selection and appointment of the governing body: The appointment process of the Commissioners is not open or transparent, there is no broad consultation throughout the selection and appointment process; the vacancies are also not advertised broadly and candidates appointed presently are not representative of the wide range of societal groups that constitute India. [2.2. – ICC Gen Obs ] | | 2 | Guarantees of Independence | Statutory Financial Control · The statute places the Commission directly under the Ministry of Home Affairs. This is the Ministry that has charge of the police, paramilitaries, conflict situations and internal security. Overwhelmingly complaints to the Commission pertain to law enforcements agencies of the state that come directly under this Ministry. Therefore there is an in-built conflict of interest which compromises the functional independence and autonomy of the Commission. . [2.6. – ICC Gen Obs ] · The Commission's budget is presented to parliament through the Ministry of Home Affairs, who have the power to determine it. Sec 32 says, allows the Commission only such sums as "the Central Government may think fit" Last year the budget was curtailed by a significant amount and then restored indicating that the final determination would lie with the Ministry. The possibility of such cuts is an inhibiting factor to robust monitoring of compliance of government with its human rights obligations. . [2.6 – ICC Gen Obs ] In Practice · As mentioned the vast majority of staff are drawn from within government and revert to government offices after completing their tenure with the Commission. This intimidates their ability to take strong independent stances against agencies of government in which they have colleagues and ongoing links. · All Special rapporteurs of the NHRC have so far only been former civil servants and presently since the last accreditation are now also drawn from former senior staff of the NHRC who have retired from service. · Even after 17 years the Commission does not have an independent cadre with the requisite training experience necessary for promoting the objectives of the commission nor does the institution have a structured and organized institutional memory to assist it in examining year on year patterns of violations against which it can make cogent recommendations. [2.7. – ICC Gen Obs ] | | 3 | Methods of Operation | The Commission has no permanent independent staff cadre of its own. At the same time it receives on average 400 complaints a day. As of April 2010, it had 317 staff and consultants. "consultants" comprised individuals reemployed, employed as contract staff and consultants. In fact, only 222 of the 317, or 70% were regular staff. Therefore the Commission in reality is currently working with 65% of its sanctioned regular staff, leaving 35% of staff capacity unfilled. [2.4 - ICC Gen Obs ] · Going by data provided by the Commission between 65 -75% of all complaints are dismissed in limine: but without assigning reasons or information to the petitioner. · In the period under review serious human rights issues have exercised the country. Illustratively: extrajudicial killings, displacement and dispossession of tribals, extraordinary powers coupled with immunity from prosecution for security forces, persecution of internationally acclaimed human rights defenders, excessive use of force in quelling democratic protests and starvation deaths have not drawn public statements or known stances from the Commission: nor has the Commission provided leadership to the human rights advocates seeking their support. · The present Chairperson has publicly supported the death penalty and justified extra judicial killings by the police. Deemed Members of the Full Commission of the NHRC: · The NHRC India has made place for the Chairperson of the National Commission for Women, the National Commission for Minorities, the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes to serve on the NHRC as its Deemed Members' as per its statute to perform almost all except the function of complaints handling together with the fill time members of the NHRC. However it is a pity that meetings of the Full Commission with all the ' Deemed Members' had not been held for some period during the years 2006 and 2011. Further when they were held it was only two or three times a year and only for a few hours, to perform all the roles envisioned under Sec 12 of the PHRA 1993. · In all the 18 years of its existence and in particular now since 2006 onwards none of the Deemed Members – who actually are the only women, the only dalits, the only tribals and the only minorities on the NHRC as Members have ever attended a single session on the former UN High Commission no Human Rights , or the UN Sub Commission on Human Rights or the present Un Human Rights Council . In addition they have not also participated in any of the of the 15 Annual Conferences of the Asia Pacific Forum of NHRIs or any of the APF trainings. · None of the 18 SHRC have been engaged in the past 18 years or for that matter during the period post 2006, after the last accreditation in any of the ICC meetings or UN HRC meetings or the APF meetings or the APF trainings. · In the preparation for the UPR process in the year 2008 where extensive consultations have been claimed to have been made, the NHRC did not have any exclusive consultation with the Deemed Members of the NHRC stated supra or for that matter with any of the 18 State Human Rights Commissions in the country. | 4. | Procedural issues : | · The World Conference on Human Rights in Vienna mandated countries to set up National Human Rights Plan of Action. In the 27 May 2004 meeting of the Commission, it decided to take charge of the preparation of India's NHRAP. To this day, India has yet to release its National Human Rights Action Plan (NHRAP). · The NHRC had not published its annual report for the period 2007 – 2008 until the visit of the UN SR on HRDs to India on 15th January 2011 . Therefore, this alternate report to the ICC has been prepared on the basis of information that was not openly made available by the NHRC for the years,2007 – 2011. The absence of the current annual report hamper a meaningful and comprehensive review of the NHRC. It is also based on information painstakingly secured through several hundred right to information applications that were filed. [6.7 ICC Gen Obs ] · While over 40 Nobel laureates had openly called for the release on bail of the Human rights defender, Dr. Binayak Sen, the NHRC had not undertaken a trial observation or intervention using their statutory powers to do the same under Sec 12 (b) of the PHRA during the trial in Raipur, or the hearing of the bail in Bilaspur High Court or the Supreme Court finally – although in all the three courts, the EU Delegation in India had deputed trial observation teams. · Similarly, though human rights defenders Irom Sharmila has undertaken a fast for the past 10 years ( completed 10 years on 6th Nov'2010) for repeal of the Armed Forces Special Powers Act, the NHRC is yet to send its delegation to meet her to find out from her possibilities of their intervention – this is in spite of requests made to this effect by the National Core Group of NGOs of the NHRC. | 5. | Competence and Responsibilities: | Encouraging ratification or accession to international human rights instruments: . [1.3 – ICC Gen Obs ] · The Commission in the last 18years, has not encouraged the Government to ratify the Optional protocol 2 for abolition of death penalty. · The Commission has not encouraged the Government to ratfify, the Convention Against Disappearances or the Optional Protocol to CERD. Interaction with the International Human Rights System: [1.4 – ICC Gen Obs ] · The Commission has on no occasion submitted a report to the Treaty Bodies on any human rights issue. · The Commission has not addressed the Government to provide an open invitation to Special Rapporteours, nor has it reminded the Government to respond to long standing requests from different SRs for visits. Recommendations by NHRIs: [1.6 – ICC Gen Obs ] · The ATR on the Annual Reports of the Commission for the year 2008-09 and 2009-10 , have not been discussed within the mandated period of 6 months, in the Parliament. · The Commission has also failed to diligently undertake follow up action on its human rights issues raised by the Commission itself, notably compliance with its Guidelines on extrajudicial killings and accountability and justice for the victims of the communal carnage of 2002 in Gujarat. |
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-- Teesta Setalvad 'Nirant', Juhu Tara Road, Juhu, Mumbai - 400 049 http://teestasetalvad.blogspot.com/ www.cjponline.orgwww.gujarat-riots.comwww.sabrang.com -- You received this message because you are subscribed to the Google Groups "humanrights movement" group. To post to this group, send email to humanrights-movement@googlegroups.com. To unsubscribe from this group, send email to humanrights-movement+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/humanrights-movement?hl=en.
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