Mission Report on Performance of National Human Rights Commission of India
Date : 19th July 2019 by All India Network of NGOs (AiNNI)

International Expert Team Expresses Concerns over the Independence and Functioning of the Indian National Human Rights Commission

All India Network of NGOs and Individuals working with National and State Human Rights Institutions (AiNNI) welcomes the ‘Mission Report on the Performance of the National Human Rights Commission of India’ (NHRCI) by an international expert team calling for compliance with established international standards towards strengthening the functioning of the Indian apex rights body and expressed serious concerns over any amendments in the law that could further compromise its independence and autonomy.

Coordinated by the Bangkok-based Asian NGO Network on National Human Rights Institutions (ANNI), the mission members comprised Prof. Kwak Nohyun, former Commissioner and Secretary General of the National Human Rights Commission of South Korea, Ms. Rosemarie D. R. Trajano, a prominent Human Rights Defender and Secretary General of the Philippine Alliance of Human Rights Advocate (PAHRA) and Dr. Khoo Ying Hooi, Senior Lecturer at the Department of International and Strategic Studies, University of Malaya, Malaysia.

The mission’s objective was to evaluate and review the independence and effectiveness of the NHRCI which can serve as an inspiration for other Asian countries to address their similar concerns. The mission was organised in New Delhi between August 21 and 25, 2018. During the mission, the team held 19 meetings, including seven online calls and interviews of senior lawyers and jurists, academicians, human rights experts and activists and former staff of the NHRCI.

The mission report has made several recommendations to the Government of India, Indian Parliament, NHRCI and Indian Civil Society to be considered for independent and effective functioning of the NHRCI.

The report recommends that the Government of India should initiate the debate and take appropriate measures to transform NHRCI into a constitutional institution from its current status of a statutory body. It urges the Indian Parliament to undertake a healthy discussion on this critical issue by engaging with the CSOs on the proposed amendment to the PHRA.

Measures taken by the government should ensure that the NHRCI is in complete compliance with the Paris Principles. Towards the same, the NHRCI should follow all the SCA recommendations on transparency in appointment process, calling for nominations for chairperson and members of NHRCI and discussions on annual reports in the Parliament.

On the issue of reforms in NHRC, the report emphasises that the posts of DGI and SG should not be seconded from the Government of India and NHRC should initiate independent and transparent process towards their appointments. All staff of the NHRCI should be independently appointed by the NHRCI and not seconded from the Government of India and other state governments.

NHRC should advocate with the Government of India for a larger number of members in the NHRCI to ensure pluralism and diversity and demonstrate inclusion. NHRCI should use its powers under the PHRA to undertake review of the legislations misused by the government to restrict and criminalise the work of human rights defenders. This must include among others, the FCRA, Unlawful Activities Prevention Act (UAPA), and the National Security Act (NSA).

Given the deteriorating climate in relation to human rights and overall shrinking of democratic spaces in India, the report recommends that the NHRCI should take immediate and appropriate actions to safeguard the constitution and publicly condemn the actions which result in curbing of fundamental rights.

The report recommends that India civil society should continue to engage with the NHRCI and monitor its functioning critically. It strongly advocates that Indian civil society should make use of litigation as a tool to bring reform within NHRCI and engage with Global Alliance of NHRIs (GANHRI), Asia Pacific Forum of NHRIs (APF), UN and other relevant institutions to share information and advocate on NHRCI reforms.

The report strongly advises GANHRI to consider the possibility of a special review of the NHRCI under the rules of procedure of its Sub-Committee on Accreditation (SCA). It is pertinent to note here that the Indian NHRC was accredited an ‘A’ status (Paris Principles compliant) following its review in November 2017.

The grounds for this ‘A’ status was the commitment to amend the Protection of Human Rights Act, 1993 to ensure compliance with Paris Principles. GANHRI’s SCA made an exception and granted ‘A’ status solely based on commitments.

Today, we witness amendments to the 1993 Act in the Lok Sabha and relying on the analysis of this mission report, these amendments will further compromise independence and autonomy of the NHRCI.

Read/Download the full report here