Context: The NHRC faces a crucial Geneva meeting this week to protect India's human rights record and maintain its "A status" within UN bodies.

Background

The Sub-Committee on Accreditation (SCA) of the UN-recognized Global Alliance of National Human Rights Institutions (GANHRI) around the world will meet on May 1, which is part of a five-year peer review.

Important Points 

Why is the accreditation important?

• The Global Alliance of National Human Rights Institutions represents 110 human rights bodies across the world. The accreditation status it gives is based on the United Nations’ Paris Principles, which was adopted in 1993.
• The Paris Principles lists six criteria that human rights bodies must adhere to – mandate and competence, autonomy from government, independence guaranteed by a statute or Constitution, pluralism, adequate resources and adequate powers of investigation. Human rights bodies that are fully compliant with these principles are given the “A” status. In case they are partially compliant, a “B” status is given. The global alliance reviews the accreditation every five years. Without the accreditation, the National Human Rights Commission will not be eligible to represent India at the UN Human Rights Council.
• Since being accredited in 1999, India had retained its A ranking in 2006 and 2011, while its status was deferred in 2016 and restored after a year. According to a six-point submission by the SCA in March 2023, the NHRC has failed to create conditions required to be “able to operate independent of government interference”. In the submission, the committee had slammed India for the involvement of police officers in its investigative process, calling it a “conflict of interest”.

Why is the accreditation on hold

• In 2017, even as the Global Alliance of National Human Rights granted accreditation to the National Human Rights Commission after a year-long deferment, it had raised concerns about the functioning of India’s statutory human rights body, according to Article 14. Some of the grounds based on which the accreditation has been put on hold now are:

1. Police involvement: The global alliance noted that involvement of the police in functioning of the commission was against the Paris Principles. 

2. Government interference in appointments: The global alliance had also flagged that the Paris Principles mandated that human rights bodies are “able to operate independent of government interference”. The National Human Rights Commission fell short on this requirement as Indian laws allow the central government to appoint the secretary general of the human rights body.  The appointment of former Supreme Court judge Arun Kumar Mishra as the NHRC chairperson had also come under criticism from the Opposition parties.

3. Cooperation with civil society: The Global Alliance of National Human Rights Institutions received a submission noting that the relationship between the National Human Rights Commission and non-government organizations and human rights defenders was not “effective or constructive, particularly with respect to collaboration”. Regular and constructive engagement with the civil society is essential for human rights bodies to fulfill their mandates.

4. Lack of pluralism in staff: The Global Alliance of National Human Rights Institutions had pointed out that the composition of the commission was incomplete as three of the six member positions were vacant. The vacant positions were to be held by those with “knowledge of or practical experience in human rights”, including one woman member. In the March review, the global alliance appreciated the NHRC for fulfilling these requirements, but flagged that India’s human rights body was still short of pluralism requirements of the Paris Principles.

Important Point for Exam 

Global Alliance of National Human Rights Institutions (GANHRI)

• Established: 1993
• GANHRI is a recognized and trusted partner of the United Nations.
• There is a global network of NHRCs.
• It is composed of 120 members, India is also a member of GANHRI.
• Secretariat: Geneva, Switzerland

National Human Rights Commission (NHRC)

• Is an independent statutory body.
• Established: 1993, later amended in 2006.

Composition:

• There is a Chairman, five whole-time members and seven deemed members.
• A person who has been the Chief Justice of India or a judge of the Supreme Court can become the Chairman.
• Appointment: The Chairman and Members are appointed by the President on the recommendations of a six-member committee consisting of the Prime Minister, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, the Leader of the Opposition in both Houses of Parliament and the Union Home Minister.
• Tenure: The Chairperson and Members hold office for a term of three years or until they attain the age of 70 years, whichever is earlier.