Annual Report - National Human Rights Commission

Summary of Principal Recommendations and Observations
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Tsunami
19.48 Taking suo-motu cognizance of the calamity that arose from devastating tsunami waves
which hit large areas of coastal India, including Andaman & Nicobar Islands, Pondicherry,
Tamil Nadu, Andhra Pradesh and Kerala on 26.12.2004, the Full Commission, vide its
proceedings dated 13-01-2005, recorded in detail the steps to be taken by the authorities concerned
to ensure equitable distribution of relief as well as rehabilitation measures. These include, interalia,
ensuring that the poor, destitute women, destitute children and all persons, who would be in
greater need of the relief and rehabilitation measures, are not deprived or made to suffer, preparing
and publicizing a computerized list of persons, dead or missing because of tsunami disaster, as
also list of the totally/partially destroyed properties and ensuring that young widows and children
were not sexually or otherwise exploited by unscrupulous elements. The State Governments/
Union Territories should evolve a mechanism towards that end. (Para 11.7)
19.49 The Commission also received several petitions from various individuals/NGOs alleging
(a) eviction of fishermen from coastal areas by the State Government of Tamil Nadu in the name
of rehabilitation and thus endangering their livelihood, and (b) discrimination against dalits in
distribution of relief and rehabilitation works by the administration. Response in the matter was
called for from the State Government, which is still awaited (Para 11.9)
State Human Rights Commissions
19.50 State Human Rights Commissions have been set up in 16 States. The Commission would
like to reiterate its view that the ‘better protection of human rights’ can be ensured if all the States
set up Human Rights Commission. The Commission would also emphasize that the State Human
Rights Commission which have already been set up or are proposed to be set up should be in
compliance with the ‘Paris Principles’. (Para 16.1 read with the foot note)
19.51 In the meeting of the National Human Rights Commission and the State Human Rights
Commissions held on 13-05-2005, the following Resolution was adopted:-
“The National Human Rights Commission and the State Human Rights Commissions present
hereby unanimously resolve to urge the State Governments to:-
a) Setup, on priority, State Human Rights Commissions where the same do not exist.
b) Where, there are State Human Rights Commissions or, are in the process of being setup,
it be ensured that they are structurally and financially independent as envisaged in and,
fullyconfirming to, the principles relating to the status of national institutions (the “Paris
Principles’) which were endorsed by the UN General Assembly Resolution 48/134 of
20-12-1993.
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