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REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER..........
E] Implementation of Treaties and other International Instruments
1) Protocols to the Convention on the Rights of the Child
5.18 The Commission in its earlier annual reports had recommended that the Government
of India examine and become a party to Optional Protocols 1 and 2 to the Convention on
the Rights of the Child, dealing with the involvement of children in armed conflict and the
sale of children, child prostitution and child pornography. During the year under review,
the Department of Women and Child Development has informed the Commission that they
have circulated the draft Note for the Cabinet to the concerned Ministries and Departments,
including the Ministry of Home Affairs, for their comments and views. However, the
Ministry is yet to convey its decision on the recommendations made to the Commission.
2) 1977 Protocols to the 1949 Geneva Conventions
5.19 The Commission had recommended to the Government of India that it should examine
the 1977 Protocols to the Geneva Conventions of 1949 and to offer its comments on them.
During the period under review, the Ministry of External Affairs informed the Commission
that all matters relating to the International Humanitarian Law (IHL) including the Geneva
Conventions, were extensively discussed during the recent Conference of the Parties to the
Red Cross Movement and the Geneva Conventions in Geneva. The changing nature of armed
conflict in the contemporary period (Afghanistan, Iraq, conflicts in Africa, etc.), their impact
on IHL and the Geneva Conventions and the related issues were under review at the
international level. In the light of these developments, the Ministry of External Affairs
stated that the concerned Ministries and Agencies of the Government including Ministry
of Defence, Ministry of Home Affairs, and Ministry of Law should take stock of the current
realities and of our response. The response is under examination by the Commission.
3) Convention Against Torture
5.20 In the previous reports, the efforts of the Commission in favour of India signing the
Convention Against Torture have been mentioned in detail. It was on the basis of the
Commission’s recommendation that the Government of India signed this Convention on 14
October 1997. However, it is yet to ratify it. In the past few annual reports, the Commission
expressed its concern over the delay in ratification of this Convention. The Commission was
informed that the matter was engaging the attention of the Ministry of Home Affairs and
the Ministry of Law and Justice. As soon as they complete action with regard to the
amendment of the existing legislation, it was stated that the Ministry of External Affairs
would be in a position to process early ratification of the convention. During the period under
review, the Commission took up this matter with the Ministry of External Affairs in August
2003 and again in October 2003. In response, the Commission has been informed that the
draft Cabinet Note on ratification of the Convention Against Torture has been forwarded
for examination by the Ministry of Home Affairs, who will be piloting the necessary procedures
NATIONAL HUMAN RIGHTS COMMISSION