Daily Current Affairs Analysis

22-24 May 2024

-------------------------------------------------------------------------------------------------------------

Why has a UN body withheld accreditation to India’s NHRC?

Meaning of Headline-

This headline refers to the decision by the Global Alliance of National Human Rights Institutions (GANHRI) to defer the accreditation of India's National Human Rights Commission (NHRC). Accreditation is crucial for the NHRC to participate in international human rights activities and represent India at the United Nations Human Rights Council. The delay in accreditation suggests concerns about the NHRC's adherence to international standards, particularly the Paris Principles, which ensure independence, transparency, and effectiveness in national human rights institutions.

 

Related Topic (as per UPSC Syllabus)

Prelims

1.    Current Events of National and International Importance

o   Awareness of recent events and issues related to human rights and international relations.

2.    Polity and Governance

o   Structure, organization, and functioning of executive and judicial bodies, ministries, and departments of the government.

Mains

1.    General Studies Paper II

o   Governance

§  Important aspects of governance, transparency, and accountability.

§  Role of various constitutional and non-constitutional bodies.

o   International Relations

§  Important international institutions, agencies, and fora, their structure and mandate.

2.    General Studies Paper III

o   Security

§  Linkages between development and spread of extremism.

Interview

1.    Current Affairs

o   Understanding and articulation of recent issues related to human rights and governance.

2.    Personality Test

o   Ability to discuss and critically analyze contemporary issues, particularly those related to governance and international relations.

 

News Analysis

Introduction

For the second consecutive year, the Global Alliance of National Human Rights Institutions (GANHRI) has deferred the accreditation of India’s National Human Rights Commission (NHRC). Accreditation by GANHRI is crucial for the NHRC to represent India at the United Nations Human Rights Council (UNHRC) and participate fully in its activities. The delay raises questions about the NHRC's adherence to international standards of independence, competence, and fairness as outlined by the Paris Principles.

The Paris Principles and GANHRI

Paris Principles: The Paris Principles, adopted by the UN General Assembly on December 20, 1993, establish the minimum standards that National Human Rights Institutions (NHRIs) must meet to be considered credible and effective. The six main criteria are:

 

1.    Broad Mandate: Based on universal human rights norms and standards.

2.    Autonomy from Government: Ensuring the NHRI operates independently of government influence.

3.    Independence Guaranteed by Statute or Constitution: Legal frameworks must secure the NHRI's independence.

4.    Pluralism: Reflecting the diversity of society in its membership and staff.

5.    Adequate Resources: Sufficient funding to carry out its mandate effectively.

6.    Adequate Powers of Investigation: Authority to investigate human rights violations thoroughly.

These principles also require NHRIs to handle complaints from individuals, NGOs, and other representative organizations.

 

Global Alliance of National Human Rights Institutions (GANHRI): GANHRI is a body that represents about 120 national human rights institutions worldwide and is responsible for accrediting these institutions in compliance with the Paris Principles every five years. GANHRI categorizes NHRIs into two groups:

• ‘A’ Status: Full compliance with the Paris Principles, allowing participation in UNHRC, voting rights, and holding governance positions.
• ‘B’ Status: Partial compliance, allowing participation in meetings but without voting rights or governance positions.

 

Impact of Withheld Accreditation

Without GANHRI Accreditation:

• Representation: NHRC cannot represent India at the UN Human Rights Council.
• Voting Rights: NHRC cannot vote at the UNHRC or hold governance positions in GANHRI.
• Credibility: The deferment raises concerns about the NHRC's independence and effectiveness, potentially undermining its credibility domestically and internationally.

 

Reasons for Withheld Accreditation:

• Transparency Issues: Lack of transparency in the appointment process of NHRC members.
• Conflict of Interest: Appointment of police officials to oversee investigations, raising concerns about impartiality.
• Representation: Lack of minority and female representation within the NHRC.
• Government Influence: Too many government officials and individuals affiliated with the ruling party involved in the NHRC, affecting its ability to operate independently.
• Civil Society Concerns: Allegations of increasing restrictions on civic space and discrimination against minorities in India, as highlighted by international human rights organizations and UN experts.

 

Analysis of India's Accreditation Record

 

Historical Context:

• First Accreditation: NHRC was established in 1993 and first accredited in 1999.
• Maintained ‘A’ Status: NHRC retained ‘A’ status in 2006 and 2011.
• Deferral in 2016: Accreditation was deferred due to issues with political appointments and lack of diversity, but NHRC regained ‘A’ status in 2017.
• Current Deferment: In 2023 and 2024, accreditation has been deferred again due to similar concerns about independence, transparency, and representation.

 

Conclusion

The deferment of NHRC’s accreditation by GANHRI highlights significant issues regarding its adherence to the Paris Principles. The concerns raised about transparency, independence, and representation within the NHRC reflect broader challenges in ensuring the institution operates effectively and independently. Addressing these issues is crucial for the NHRC to regain its ‘A’ status and fulfill its mandate to protect and promote human rights in India. Strengthening the NHRC's independence and ensuring diversity and transparency in its operations are essential steps towards achieving this goal.

 

Probable Mains Question

Q. "Discuss the significance of GANHRI accreditation for national human rights institutions and the implications of its deferral for India's NHRC."

Model Answer (hints):

Introduction

The Global Alliance of National Human Rights Institutions (GANHRI) is responsible for accrediting national human rights institutions (NHRIs) worldwide based on their compliance with the Paris Principles. These principles set the standards for the independence, autonomy, pluralism, and effectiveness of NHRIs. Recently, GANHRI deferred the accreditation of India's National Human Rights Commission (NHRC) for the second consecutive year, raising concerns about its adherence to these principles. This decision has significant implications for the NHRC's role in representing India at international human rights forums and its overall credibility.

 

Significance of GANHRI Accreditation:

1.    International Representation: Accreditation by GANHRI allows NHRIs to participate in the United Nations Human Rights Council and its subsidiary bodies. NHRIs with ‘A’ status can vote and hold governance positions in GANHRI.

2.    Credibility and Legitimacy: Accreditation is a mark of compliance with international standards, enhancing the NHRI's credibility and legitimacy both domestically and internationally.

3.    Support and Resources: Accredited NHRIs gain access to technical support, capacity-building programs, and funding opportunities from international bodies.

 

Implications of Deferral:

1.    Loss of Voting Rights: Without ‘A’ status, the NHRC cannot vote or hold governance positions in GANHRI, limiting its influence in international human rights discussions.

2.    Questions on Independence: The deferral suggests concerns about the NHRC’s independence, transparency, and ability to function without government interference.

3.    Impact on Human Rights Advocacy: The NHRC’s ability to advocate for human rights and address violations may be perceived as compromised, affecting its effectiveness.

 

Challenges Highlighted by GANHRI:

1.    Lack of Transparency: Issues with the transparency of the NHRC’s appointment process.

2.    Conflict of Interest: Concerns about the appointment of police officials to oversee investigations.

3.    Representation and Pluralism: Lack of minority and female representation within the NHRC.

4.    Government Influence: Presence of government officials and individuals affiliated with the ruling party in the NHRC, affecting its independence.

Way Forward

Strengthening Independence and Transparency:

• Transparent Appointment Process: Ensure a transparent and inclusive process for appointing NHRC members, free from political influence. This can be achieved by involving diverse stakeholders, including civil society organizations, in the selection process.
• Autonomy from Government: Implement legal safeguards to ensure the NHRC’s autonomy from government interference. This includes revising the Protection of Human Rights Act (PHRA) to strengthen the NHRC’s independence and operational freedom.

 

Enhancing Representation and Pluralism:

• Diverse Membership: Promote diversity within the NHRC by ensuring representation from various sections of society, including minorities and women. This can enhance the NHRC’s credibility and effectiveness in addressing human rights issues.
• Capacity Building: Provide training and capacity-building programs for NHRC members and staff to enhance their understanding of human rights issues and best practices.

 

Improving Investigative Powers and Resources:

• Adequate Resources: Ensure the NHRC has sufficient financial and human resources to carry out its mandate effectively. This includes allocating adequate funding for its operations and activities.
• Strengthening Investigative Powers: Enhance the NHRC’s investigative powers to enable thorough and independent investigations into human rights violations. This may involve legislative amendments to grant the NHRC greater authority.

 

Engaging with International Bodies:

• Collaboration with GANHRI: Engage constructively with GANHRI to address the concerns raised during the accreditation process. This includes implementing recommended reforms and demonstrating a commitment to upholding the Paris Principles.
• International Cooperation: Foster international cooperation and partnerships to share best practices and learn from the experiences of other NHRIs.

 

Promoting Human Rights Awareness:

• Public Education Campaigns: Launch public education campaigns to raise awareness about human rights and the role of the NHRC. This can help build public trust and support for the NHRC’s activities.
• Engagement with Civil Society: Strengthen engagement with civil society organizations and human rights defenders. Collaborating with these groups can enhance the NHRC’s outreach and impact.

 

In conclusion, the deferral of GANHRI accreditation for India’s NHRC underscores the need for significant reforms to ensure its compliance with international standards. By strengthening independence, enhancing transparency, improving representation, and engaging with international bodies, the NHRC can regain its ‘A’ status and effectively fulfill its mandate to protect and promote human rights in India.

 

MCQs for Prelims Practice