Universal Periodic Review of UNHRC : Daily Current Affairs

Date: 12/11/2022

Relevance: GS-2: Important International Institutions, Agencies and fora - their Structure, Mandate.

Key Phrases: Universal Periodic Review, UN Human Rights Council, Law of land, Human Rights defenders, Malafide re-routing of money, Freedom of religion, Rights of marginalised groups, Foreign Contribution Regulation Act, National Human Rights Commission, Discrimination against Dalits, Civil society organisations, Freedom of expression, Principle of Vasudhaiva Kutumbakam, Caste-based violence, Convention against Torture, Responsible Corporate Behaviour.

Context:

India is participating in the 41st Session of Universal Periodic Review (UPR) of the UN Human Rights Council (UNHRC) in Geneva.

Key Highlights:

India’s national report, submitted on August 5, outlines the country’s steps for the promotion and protection of human rights, including the implementation of recommendations accepted during India’s third UPR in 2017.
India’s UPR outcome report will be adopted at a session of the UNHRC in March 2023.

UN Human Rights Council (UNHRC)

The United Nations Human Rights Council (UNHRC) is a United Nations body whose mission is to promote and protect human rights around the world.
The Council has 47 members elected for staggered three-year terms on a regional group basis.
The headquarters of the Council are at the United Nations Office at Geneva in Switzerland.
The Council was established by the United Nations General Assembly on 15 March 2006 to replace the United Nations Commission on Human Rights.
The Council has been strongly criticized for including member countries that engage in human rights abuses.
Institution-building package:
- Universal Periodic Review
- Advisory Committee
- Complaint procedure

Universal Periodic Review (UPR)

It is a unique peer review process of the Human Rights Council under which UN member States review the human rights performance of fellow member states.
The UPR is a significant innovation of the Human Rights Council which is based on equal treatment for all countries.
It provides an opportunity for all States to declare what actions they have taken to improve the human rights situations in their countries and to overcome challenges to the enjoyment of human rights.
The UPR also includes a sharing of best human rights practices around the globe.
It has emerged as one of the successful human rights mechanisms, due to its universal character, constructive and consultative approach, and the importance it places on dialogue and cooperation amongst member states.

Concern over Human Rights in India:

During the discussion, the Following concerns were highlighted by the UN member states.
- Concerns related to the rights of marginalized sections of society such as women, Dalits, and minorities.
- Concern over restrictions on freedom of speech, freedom of religion, and freedom of association.
- Restrictions related to FCRA, National Register of Citizenship, Anti-conversion laws and civil societies.
- Discrimination against Dalits, human rights defenders and religious minorities.
- Creating an enabling environment for transgender persons.
- Ratification of the Convention against Torture.

National Human Rights Commission (NHRC)

About
- The NHRC is a statutory public body constituted on 12 October 1993.
- It is responsible for the protection and promotion of human rights.
Composition
- The NHRC consists of: The chairperson and five members (excluding the ex-officio members)
  - A Chairperson, who has been a Chief Justice of India or a Judge of the Supreme Court.
  - One member who is, or has been, a Judge of the Supreme Court of India.
  - One member who is, or has been, the Chief Justice of a High Court.
  - Three Members (at least one shall be a woman), appointed from amongst persons having knowledge of matters relating to human rights.
- Ex officio Members
  - Chairperson of National Commission for Scheduled Castes
  - Chairperson of National Commission for Scheduled Tribes
  - Chairperson of National Commission for Backward Classes
  - Chairperson of National Commission for Women
  - Chairperson of National Commission for Minorities
  - Chairperson of National Commission for Protection of Child Rights
  - Chief Commissioner for Persons with Disabilities
Appointment
- The Chairperson and members of the NHRC are appointed by the President of India, on the recommendation of a committee consisting of
  - The Prime Minister (Chairperson)
  - The Home Minister
  - The Leader of the Opposition in the Lok Sabha.
  - The Leader of the Opposition in the Rajya Sabha.
  - The Speaker of the Lok Sabha.
  - The Deputy Chairman of the Rajya Sabha.
Function
- To inquire into violations of human rights by the government of India or negligence of such violation by a public servant.
- Protection of human rights and recommend measures for their effective implementation.
- To study treaties and other international instruments on human rights and make recommendations for their effective implementation.
- To visit jails and study the condition of inmates.
- Encourage the efforts of NGOs and institutions that work in the field of human rights voluntarily.

Way Forward:

Illegal practices including malafide re-routing of money and wilful and continuing violations of extant legal provisions, foreign exchange management rules and tax law of India should be monitored regularly and actions should be taken accordingly.
Government should ensure the Right to freedom of religion and speech.
Human rights defenders should conform to the law of land and ensure there is no room for any illegal or malafide practice.

Conclusion:

Human rights are essential to achieving sustainable development that leaves no one behind and is central to all its three dimensions – social, environmental, and economic.

Source: The Hindu

Mains Question:

Q. What are the issues highlighted with respect to India during the 41st Universal Periodic Review of the UN Human Rights Council? Suggest the measures to solve those issues. (150 Words).