NHRC accreditation deferred!

The National Human Rights Commission (NHRC) of India was established in December, 1993, under the Protection of Human Rights Act, 1993. It is a statutory body which is responsible for ensuring the protection of human rights in India. 

Earlier this year, its accreditation by the GANHRI’s SCA was deferred – leaving it without almost any power at an international level. 

What is the NHRC?  

The NHRC is an independent body that inquires into violations of human rights (either on petition or suo moto), reviews actions of public servants in preventing such violations, and ensures the implementation of international human rights instruments, among other functions. It is presided over by a former Chief Justice or judge of the Supreme Court, and acts outside the scope of government control. 

What is the accreditation in question? 

The accreditation that has been deferred is given by a subcommittee of GANHRI – the Global Alliance of National Human Rights Institutions. GANHRI is a global network of National Human Rights Institutions (NHRIs), which coordinates the relationship between NHRIs and the United Nations. The Sub-Committee on Accreditation (SCA), works on a peer-review mechanism to accredit NHRIs. 

On what basis are NHRIs accredited? 

The accreditation depends on the NHRI’s compliance with the Paris Principles. An NHRI that fully complies with the aforementioned principles is accredited with an ‘A’ status – such NHRIs can participate in sessions of the United Nations Human Rights Council (UNHRC) and some UNGA bodies, can be part of GANHRI and its regional bodies, and can vote and hold governance positions in the GANHRI. 

NHRIs that show partial compliance with the Paris Principles are accredited with ‘B’ status. These NHRIs can participate in GANHRI meetings, but can neither vote nor hold governance positions. 

What are the Paris Principles?

The Paris Principles were defined in 1991 and were subsequently adopted by the UNHRC and the UNGA. These principles list and regulate the roles and functions of NHRIs, and compliance with the principles is central to accreditation by the SCA. Some of the mentioned functions include functioning independent of national governments, mandate to educate and inform competent bodies on human rights and their violations, mandate to monitor any issue which it decides to take up, and engagement with international and regional organisations.   

Why has the NHRC’s accreditation been deferred?

This deferral of accreditation is for the second consecutive time. Last year’s reason for deferral was stated to be non-compliance with Paris Principles, including lack of transparency in appointments, lack of diversity on the member panel, and the involvement of police officers in investigation of human rights crimes. Other reasons include the presence of former-government officials on the panel, creating a ‘conflict of interest’. 

What does this mean for India? 

India had retained its ‘A’ status since 1999 (other than a deferral in 2016, and subsequent ‘A’ status accreditation in 2017). Consecutive deferral of the accreditation raises significant questions on preservation in human rights in India. It remains to be seen whether the NHRC manages to get an ‘A’ status accreditation, or if it comes under global scrutiny for negligence of human rights.