The potential role of the National Human Rights Commission of India in operationalising the global compact on refugees

Tiwari, Anubhav Dutt (2020) The potential role of the National Human Rights Commission of India in operationalising the global compact on refugees. In: The global compact on refugees: Indian perspective and experiences. Academicians’ Working Group Coordinator, UNHCR India, New Delhi, pp. 89-106.

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Abstract

The paper seeks to explore the potential role which can be played by the National Human Rights Commission (NHRC) in setting the stage for addressing the key tenets of the Global Compact on Refugees (GCR), with respect to refugees in India. In fact, there have been numerous instances in the past where NHRC has taken cognisance of the situation of various refugee groups in India, inter alia, by invoking the jurisdiction of the Supreme Court, for instance, in relation to the Chakma refugees. However, the paper will also focus on the opportunities which were missed due to varied reasons—a recent instance being the deportation of seven Rohingyas from the state of Manipur—before analysing the present need for a more concerted and collaborative role of national human rights institutions, such as the NHRC, together with judicial courts, key government bodies, UNHCR and other UN organisations, academic institutions, civil society.

In light of the ongoing case of Mohd. Salimullah v. Union Of India (where the Supreme Court has been asked to address related questions with respect to Rohingya refugees in India), and the opportunities presented by India’s adoption of the GCR, the paper puts forth the argument for a strong, cohesive and complementary role of the NHRC in promoting the basic and fundamental rights of refugees in India, in particular, the potential role of NHRC in better coordination, in line with the multi-stakeholder collaboration and partnership approach, put forth in GCR. In doing so, the paper will attempt to evaluate the efficacy of National Human Rights Institutions, such as NHRC, mandated to protect and promote human rights, with respect to the protection and assistance to refugees around the world and in India.

Item Type: Book Section
Keywords: National Human Rights Commission | Global Compact on Refugees | Chakma refugees | Rohingyas | Mohd. Salimullah v. Union Of India
Subjects: Social Sciences and humanities > Social Sciences > Human Factors and Ergonomics
Social Sciences and humanities > Social Sciences > Human Rights
Social Sciences and humanities > Social Sciences > International Relations
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 18 Feb 2022 06:02
Last Modified: 18 Feb 2022 06:02
Official URL: https://www.unhcr.org/en-in/publications/books/5e3...
URI: https://pure.jgu.edu.in/id/eprint/1330

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