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T E N Y E A R S O F T H E C O M M I S S I O N I N R E T RO S P E C T
2.7 Of great value to the reach and strength of the Commission has been
the range of functions assigned to it under Section 12 of the Act. This broad
mandate, too, has confirmed the reputation of the Commission as a National
Institution working in accordance with the "Paris Principles." Of particular
consequence to the Commission has been the capacity conferred on it, under
Section 12(b) of the Act, to intervene in any proceeding involving any allegation
of violation of human rights pending before a court with the approval of such
court, a provision that has been invoked repeatedly over the years. Of special
importance, too, has been the provision contained in Section 18(2) of Chapter
IV of the Act relating to Procedure, which enables the Commission, upon the
completion of an inquiry held under this Act, to "approach the Supreme Court
or the High Court concerned for such directions, orders or writs as that court
may deem necessary." That provision, too, has been used to good effect over
the years and has helped to define the unique character and capabilities of
the Commission.
2.8 Despite these evident strengths, the past decade has also made clear both to the Commission and perceptive observers of its work - the weaknesses
and lacunae of the Protection of Human Rights Act, 1993. It is these
weaknesses that the Commission has sought to have rectified, preferably along
the lines of the recommendations that it has already made for the amendment
of its Statute, which are recounted in detail in earlier annual reports. Principal
among these are:
●
The definition of armed forces (section 2.1): The Commission has proposed
that the definition should include only the "naval, military and air force"
and exclude the para-military forces.
●
The definition of "International Covenants" (section 2.1(f)): The Commission
has proposed that the definition should include not only the 1966
International Covenant on Civil and Political Rights and 1966 International
Covenant on Economic, Social and Cultural Rights, but also "any other
Covenant or Convention which has been, or may hereafter be, adopted
by the General Assembly of the United Nations."
●
The procedures to be followed "with respect to the armed forces" (section
19(1) and 19(2) in particular) which have, in the Commission's view,
resulted in instances of a lack of accountability and, indeed, of opacity
in dealing with allegations of human rights violations.
N AT I O N A L H U M A N R I G H T S C O M M I S S I O N