Global Alliance of National Human Rights Institutions (GANHRI) Defers NHRC-India Accreditation

Context

The Global Alliance of National Human Rights Institutions (GANHRI) deferred the accreditation of the National Human Rights Commission-India (NHRC) for the second time. 

Review of India’s human rights accreditation status deferred

• Background: The status of NHRC as an accredited Human Rights body was suspended in 2023 and now again in 2024.
  • The NHRC’s  “A-status” was deferred earlier in 2016, but it was restored in 2017. This is the first time India’s status has been suspended for two years in a row, in 2023 and in 2024.
  • The deferral means no final decision has been taken yet. 
• Decision by Sub Committee on Accreditation (SCA):  The decision was taken during the meeting of the SCA which included representatives from New Zealand, South Africa, Honduras, and Greece.
  • It is a ‘rigorous, peer-based process, undertaken by representatives of NHRIs from each of the four regions: Africa, Americas, Asia Pacific and Europe’,
• Impact on India: This could now affect India’s ability to vote at the Human Rights Council and some UNGA bodies.
• Reasons for Deferment: While the committee’s latest report is still awaited, its previous report cited several reasons for recommending the deferral.
  • These included the lack of transparency in appointing members to the NHRC, the appointment of police officers to oversee human rights investigations, and the lack of gender and minority representation on the member panel.
  • India’s NHRC has failed to satisfy the international body that the NHRC is ‘able to operate independent of government interference’.
    • According to sources, the same reasons continued for the second year as the reason for India losing its ‘A’ status.

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About the Global Alliance of National Human Rights Institutions (GANHRI)

• Genesis: Formerly known as the International Coordinating Committee of National Institutions for the promotion and protection of human rights (ICC), it was established at an international workshop held in Tunis, Tunisia on December 13, 1993.
• About:  Representing more than 110 NHRIs, their members and staff across all regions, GANHRI is one of the largest human rights networks worldwide. 
  • GANHRI works in close synergy with the four regional networks of NHRIs in Africa, the Americas, the Asia Pacific and Europe, creating one comprehensive structure of independent networks.
  • GANHRI is recognised, and is a trusted partner, of the United Nations. 
• Headquarter: Geneva
• Mandate: To coordinate the activities of the NHRIs at the global level, provides a forum for its members to interact and exchange, and facilitates their engagement with international organizations.
• Accreditation: It is given to those NHRIs, which, after a rigorous process of review every five years, are found fully compliant with the UN-mandated Paris Principles.
  • The Accreditation confers international recognition and protection of the NHRI. ‘
  • In accordance with the UN Paris Principles and the GANHRI Statute, two classifications for accreditation are used by GANHRI: 
    • A: Fully compliant with the Paris Principles; A status accreditation grants participation in the work and decision-making of the GANHRI, as well as the work of the Human Rights Council and other UN mechanisms.
    • B: Partially compliant with the Paris Principles.
      • GANHRI is a body of 120 members, of which 88 countries have “A” status accreditation, while 32 have “B” status”, or are “partially compliant with the Paris Principles”.
      • The NHRC used to have “A” accreditation. 
•  Sub Committee on Accreditation (SCA): SCA is responsible for making recommendations on accreditation under the auspices of OHCHR, referred to in United Nations Commission on Human Rights resolution 2005/74.
  • It is formally established by the Statute as a sub-committee of the GANHRI Bureau which is the committee of management established under the GANHRI Statute.
  • The Office of the High Commissioner for Human Rights (OHCHR) is a permanent observer on the Sub Committee on Accreditation and serves as the secretariat to the GANHRI and its SCA. 
• Paris Principles: They were adopted in 1993 by the United Nations General Assembly.
  • The Paris Principles set out the roles, responsibilities and minimum standards for NHRIs to be considered independent and effective. 
  • The Paris Principles set out six main criteria that the NHRIs require to meet. These are: 
    • Mandate and competence
    • Autonomy from Government
    • Independence guaranteed by a Statute or Constitution
    • Pluralism
    • Adequate resources
    • Adequate powers of investigation. 
• Measures to Strengthen Accreditation System:  The GANHRI accreditation system has evolved and been strengthened over the past years. Measures that the GANHRI adopted to improve the process include:
  • A system by which NHRIs are reviewed on a periodic basis of 5 years
  • An appeal process for NHRIs to ensure greater transparency and due process
  • A more rigorous review of each application; more focused recommendations
  • Wider distribution and greater knowledge of SCA recommendations by NHRIs and other stakeholders so that they can follow up in-country and contribute to the accreditation process.

National Human Rights Commission (NHRC)

The NHRC of India is a statutory body under the provisions of the Protection of Human Rights Act(PHRA) of 1993.

• Mandate: The NHRC is responsible for the protection and promotion of “rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants”.
• Selection Committee: The President of India appoints members of the National Human Rights Commission (NHRC) based on a recommendation of the selection committee, which includes:
  • Prime Minister (Chairman)
  • Speaker of Lok Sabha
  • Union Home Minister
  • Deputy Chairman of Rajya Sabha
  • Leaders of the Opposition in both Houses of the Parliament
• Membership: It consists of a chairperson, five full-time Members, and seven deemed Members. A person who has been the Chief Justice of India or a judge of the Supreme Court will be a chairman.
  • Two Members: One who is, or has been, a Judge of the Supreme Court of India and one member who is, or has been, the Chief Justice of a High Court.
  • Three Members: One shall be a woman from amongst persons having knowledge of, or practical experience in, matters relating to human rights.
  • Chairpersons of the National Commission for SC/ST/Minorities/Backward Classes/Women/Protection of Child Rights and the Chief Commissioner for Persons with Disabilities serve as ex officio members.
• Service and Removal: They serve for a term of three years or until they attain the age of 70 years, whichever is earlier.
• Functions: 
  • Investigation: The National Human Rights Commission (NHRC) investigates complaints or failure of any public official regarding the rights violation, either suo motu or after receiving a petition.
  • Prevention and Safeguard: The National Human Rights Commission is responsible for investigating the inmates’ living conditions in prisons and making recommendations thereon. 
  • Research in Human Rights: The commission promotes research and encourages NGOs in the field of human rights. While making investigations, the commission enjoys the powers of a civil court. 
  • Effective Implementation of Treaties: The National Human Rights Commission also studies treaties and other international instruments on human rights and makes recommendations for their effective implementation.
  • Intervention: It can intervene in proceedings involving any allegation of violation of human rights pending before a court after getting the approval of such court.
• Accreditation: It has been accredited as an ‘A’ Status NHRI since the beginning of the accreditation process for NHRIs in 1999, which it retained in 2006, 2011 and in 2017 also after the deferment.
  • The ‘A’ status was deferred this time after civil society organisations and human rights activists wrote to the global body, expressing concerns about India’s record.

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Concerns Raised by SCA Against Functioning of NHRC

• Conflict of Interest: SCA emphasized that there may be a real or perceived conflict of interest in having police officers engaged in the investigation of human rights violations, particularly those committed by the police.
  • This may impact their ability to conduct impartial investigations as well as the ability of victims to access human rights justice.
• Lack of Diversity in Membership: It cited a lack of diversity in staff and leadership and insufficient action to protect marginalised groups, as reasons for the deferment of the accreditation. 
  • The GANHRI cited the “lack of pluralism” in the composition of the NHRC which has just one woman which is its “ex-officio” chief that is the National Commission for Women. 
  • The SCA further noted that, of the 393 staff positions listed by the NHRC as its staff component, only 95 are held by women.
• Poor Cooperation with Other Human Rights Bodies: The SCA noted that the relationship between the NHRC and civil society is not effective or constructive, particularly concerning collaboration through its core group on [NGOs] and human rights defenders (‘HRDs’).
• Lack of Transparency in Appointment: In its November 2017 review of the NHRC, SCA noted that the selection process currently enshrined in the PHRA is not sufficiently broad and transparent. In particular, it does not:
  • Require the advertisement of vacancies, nor
  • Specify the process for achieving broad consultation and/or participation in the application, screening, selection, and appointment process.
• Appointment of the Secretary-General: Since, the members of an NHRI are from the public sector, especially the highest-ranking members, the organization’s ability to operate completely independently has been questioned.
• Oversight on Legislations Impacting Civil Liberties and Fundamental Rights: Concerns have been raised about the failure of the NHRC to exercise its mandate in relation to reviewing laws regarding civil liberties and fundamental rights. 
  • This includes the Foreign Contribution (Regulation) Act 2010, Citizenship (Amendment) Act 2019, Unlawful Activities (Prevention) Act 1967.
• Other Concerns: 
• • The high number of complaints dismissed by the NHRC at the very first stage.
  • Human rights activists have raised concerns about the apparent lack of action from the NHRC regarding the release of the gangrape convicts of Bilkis Bano in 2022, who subsequently surrendered earlier this year, among other issues. 
  • Lack of trained and experienced staff who mostly work on a contract basis.

Way Forward

• Amendments to the PHRA: The SCA recommends that the NHRC advocate for amendments to the PHRA and amend its investigative structure to:
  • Remove the capacity for the government to second police officers to act as investigative staff. This will ensure that the NHRC can independently appoint suitably qualified staff to such positions.
  • Remove the capacity for the government to make a senior civil servant available for the position of secretary general, to empower the NHRC to independently recruit candidates for the position.
• Establishing Transparent Selection Processes: 
  • A process that promotes merit-based selection and ensures pluralism is necessary to ensure the independence of, and public confidence in, the leadership of an NHRC. It includes:
    • Publicise vacancies broadly
    • Maximise the number of potential candidates from a wide range of societal groups and educational qualifications.
    • Promote broad consultation and / or participation in the application, screening, selection and appointment process
    • Assess applicants based on pre-determined, objective and publicly available criteria.
• Enhancing Stakeholder Engagement: It recommends that the NHRC take additional steps to ensure constructive engagement and cooperation with civil society and HRDs.
  • This should include regular modes of collaboration outside of the Core/Expert Groups.
• Addressing Human Rights Violations: The SCA recommends that the NHRC addresses all violations of human rights and ensure effective follow-up so that the state makes the necessary changes to ensure that human rights are protected. 
  • The NHRC should ensure that its positions on these issues are made publicly available, as this will contribute to the strengthening of the credibility and accessibility of the institution for all people in India.

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