NHRC represented at the 59th Session of the UN Commission on Human Rights
The 59th Session of the UN Commission on Human Rights, meeting in Geneva, considered the role of National Institutions for the Promotion and Protection of Human Rights on 16 April 2003. The NHRC was represented at the Session by its Chairperson, Justice A.S. Anand, Member, Shri Virendra Dayal and the Joint Secretary of the Commission. Earlier, the delegation had participated in meetings of the Asia-Pacific Forum of National Institutions and of the International Coordinating Committee of National Institutions, which were held in Geneva on 14 and 15 April respectively. The delegation also had an exchange of views with the UN High Commissioner for Human Rights, Mr. Sergio Vieira de Mello.
Addressing the UN Commission, Justice Anand stated that national institutions were both the catalysts and monitors of good governance within their respective jurisdictions and could play a unique role in the defence and furtherance of human rights if they were pro-active, if they took preventive measures to stave-off or mitigate violations, and if they were fearless in bringing to book those who have violated human rights. “It is therefore a matter of some concern to us if any national institution, whether in our region or elsewhere, is subjected to extraneous political, financial or other unwarranted pressures”. In seeking to fulfil its role, he stated that the National Human Rights Commission has, in the past months, continued to act in defence of a range of civil and political rights, as also economic, social and cultural rights, relevant to the circumstances of our country. The Chairperson cited the following as illustrations:
§ Despite frequent and unspeakable acts of terrorism directed against innocent civilians in the country – notably in the Akshardham Temple in the State of Gujarat and in Nadimarg village in the State of Jammu and Kashmir recently - the Commission has reiterated its stand in respect of the Prevention of Terrorism Act, indicating that it intends to fulfil its responsibility under its Statute to ensure that the Act is not implemented in a manner that is violative of human rights, the Constitution and treaty obligations of the country.
§ The Commission has continued to press for the implementation of its recommendations in respect of the tragic human rights violations that occurred in Gujarat last year, starting with the burning of the Sabarmati Express in Godhra on 27 February 2002 and continuing with the violence that ensued. The Commission has urged the authorities of the country, at the highest level, to ensure that justice is done, that civil and criminal action is taken against those guilty of acts of omission or commission, and that appropriate reparation is provided, individually and collectively, to those who have suffered.
§ As regards economic and social rights, the Commission has taken the view that the Right to Food is inherent to a life with dignity under Article 21 of the Constitution, which is an enforceable right, and it has made detailed recommendations in respect of allegations relating to deaths by starvation in the State of Orissa.
§ Given the importance of the linkages between Population Policy, Development and Human Rights, the Commission held a colloquium on these matters where detailed discussions were held in respect of the use of ‘incentives and disincentives’ in the framing of Population Policies and emphasis was laid on the need to protect the reproductive rights of women.
§ Further, in recent months, the Commission has taken a number of steps in respect of Trafficking. It has pursued its nation-wide Action Research on Trafficking in Women and Children and organized a sensitization programme on the prevention of sex tourism and trafficking.
§ The Commission has made detailed recommendations to the Central and State Governments in respect of issues relating to vulnerable sections of society including those with disabilities, dalits, tribals, bonded and child labour.
§ Protection of the rights of minorities has been a matter of particular importance to the Commission.
Referring to terrorism, the Chairperson observed that everywhere the pervasive threat of terrorism has cast a pall on efforts to promote and protect human rights, for terrorism is deeply hostile to human rights, including the most fundamental of all rights, the right to life itself. He added that, despite this, the NHRC has always held the view that the actions which any State takes to fight and triumph over this evil must themselves fall within the parameters of the Rule of Law and conform to the high standards that we have set for ourselves – in our Constitutions, our laws, and in the great human rights treaties adopted since the founding of the United Nations.
Addressing the UN Commission, Justice Anand stated that national institutions were both the catalysts and monitors of good governance within their respective jurisdictions and could play a unique role in the defence and furtherance of human rights if they were pro-active, if they took preventive measures to stave-off or mitigate violations, and if they were fearless in bringing to book those who have violated human rights. “It is therefore a matter of some concern to us if any national institution, whether in our region or elsewhere, is subjected to extraneous political, financial or other unwarranted pressures”. In seeking to fulfil its role, he stated that the National Human Rights Commission has, in the past months, continued to act in defence of a range of civil and political rights, as also economic, social and cultural rights, relevant to the circumstances of our country. The Chairperson cited the following as illustrations:
§ Despite frequent and unspeakable acts of terrorism directed against innocent civilians in the country – notably in the Akshardham Temple in the State of Gujarat and in Nadimarg village in the State of Jammu and Kashmir recently - the Commission has reiterated its stand in respect of the Prevention of Terrorism Act, indicating that it intends to fulfil its responsibility under its Statute to ensure that the Act is not implemented in a manner that is violative of human rights, the Constitution and treaty obligations of the country.
§ The Commission has continued to press for the implementation of its recommendations in respect of the tragic human rights violations that occurred in Gujarat last year, starting with the burning of the Sabarmati Express in Godhra on 27 February 2002 and continuing with the violence that ensued. The Commission has urged the authorities of the country, at the highest level, to ensure that justice is done, that civil and criminal action is taken against those guilty of acts of omission or commission, and that appropriate reparation is provided, individually and collectively, to those who have suffered.
§ As regards economic and social rights, the Commission has taken the view that the Right to Food is inherent to a life with dignity under Article 21 of the Constitution, which is an enforceable right, and it has made detailed recommendations in respect of allegations relating to deaths by starvation in the State of Orissa.
§ Given the importance of the linkages between Population Policy, Development and Human Rights, the Commission held a colloquium on these matters where detailed discussions were held in respect of the use of ‘incentives and disincentives’ in the framing of Population Policies and emphasis was laid on the need to protect the reproductive rights of women.
§ Further, in recent months, the Commission has taken a number of steps in respect of Trafficking. It has pursued its nation-wide Action Research on Trafficking in Women and Children and organized a sensitization programme on the prevention of sex tourism and trafficking.
§ The Commission has made detailed recommendations to the Central and State Governments in respect of issues relating to vulnerable sections of society including those with disabilities, dalits, tribals, bonded and child labour.
§ Protection of the rights of minorities has been a matter of particular importance to the Commission.
Referring to terrorism, the Chairperson observed that everywhere the pervasive threat of terrorism has cast a pall on efforts to promote and protect human rights, for terrorism is deeply hostile to human rights, including the most fundamental of all rights, the right to life itself. He added that, despite this, the NHRC has always held the view that the actions which any State takes to fight and triumph over this evil must themselves fall within the parameters of the Rule of Law and conform to the high standards that we have set for ourselves – in our Constitutions, our laws, and in the great human rights treaties adopted since the founding of the United Nations.