Annual Report 2016
The Paris Principles clearly establish responsibilities of NHRIs in relation to the international human rights system in several
articles. Some, of these responsibilities such
as reviewing legislation for compliance with
international law and recommending ratification of instruments, are reflected in section
12 of the NHRC Act 2009.
The Commission during the last five years
has submitted its reports to the treaty bodies
and the Universal Periodic Review cycle.
Lessons learnt during these processes indicate the need of a multi stake holder coordination system to regularly collect data and
hold at least bi annual consultations to assess
progress against recommendations received
from treaty bodies and the UPR Process.
This mechanism should ideally involve the
Human Rights focal persons in the government, civil society organizations, UN agencies, Human Rights Defenders and other
relevant stake holders. The system should be
developed in a manner that the reports under
treaty bodies benefit from data gathered for
national reports and vice versa. Commission
intends to use its thematic committees as
coordination forums for treaty reporting.
4.
Powers to investigate and public
confidence.
It is essential that NHRIs be conferred with
adequate legal powers to conduct its investigations both in relation to specific complaints of human rights violations or more
general systemic issues. Further, the power
to launch an inquiry suo-moto and to receive
complaints from a representative of the
affected person is equally important for a
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NHRI, given that victims of most serious
violations may, for a variety of reasons, be
unable or unwilling to file a complaint.
NHRC under Section 12 of its Act enjoys
similar powers and reiterates in its action
plan the need to conduct investigations into
more systemic human rights violations.
NHRIs will have popular legitimacy when
they are seen to effectively handle issues
within their purview. Thus, the need of
adequate powers on investigations cannot be
emphasized more. The NHRC would benefit
if its powers to investigate human rights
violations by disciplined forces are brought
in line with Section 16 of the NHRC Act. As
per the Section 18 of the Act, the procedure
that the Commission may request for a report
from the government and if it deems necessary to proceed with the matter, the NHRC
may then recommend action from the government, to be delivered after a deadline of
six months. NHRC feels that the Commission should have the power and mandate to
inquire into any complaint of violation of
human rights by the member/s of the law
enforcing agencies.
The suo moto public inquiry undertaken by
the NHRC to investigate the alleged human
rights violations of the Santal community
was successful in many ways. The inquiry to
a large extent was able to instill hope of
justice, among the Santal community. The
inquiry has helped to place this incident on
public stage and provided the public with the
opportunity to hear and understand what
constitutes a human rights violation. Further,
it has provided a channel to let the public
know how to redress a human rights viola-