Annual Report - National Human Rights Commission

Annexure 14
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and the perpetrators of terrorism. Such selective approach leads to double standards. It also
indirectly lends support to terrorists and terrorism. All nations must, therefore, co-operate to
relentlessly and without any compromise fight terrorism. But let me emphasize that in doing so,
the approach should be human, rational and secular. It must be consistent with democratic
principles and the Rule of Law. We need to strike a balance between the liberty of an individual
and the requirements of security of state and sovereignty and integrity of the nation. It requires
respect for the principles of necessity and proportionality. We must avoid a descent into anarchy
– in which the only rule is ‘might is right’ – combating terrorism should not be used as an excuse
to suspend all the rules of international law and domestic civil liberties.
The Acting High Commissioner for Human Rights, Mr. Bertrand Ramcharan, in his address
on 15 March 2004 at the opening of the 60 th Session of the Commission on Human Rights
observed: “At the end of the day we must all continue to strive for the universal realization
of Human Rights through constructive cooperation. International cooperation for the effective
protection of human rights is the call of our time.” The National Human Rights Commission
of India shares the view that sustained cooperation at various levels including at the
international level could go a long way in the protection of human rights and in addressing
the challenges faced by the international community. The National Human Rights
Commission of India, as the Chair of the Asia Pacific Forum of National Human Rights
Institutions in 2003, contributed to this effort. In addition to cooperation at the regional
level, the Commission has also taken up bilateral cooperation projects with the Human
Rights Commission of Nepal involving technical assistance in Complaints Management
System and investigation techniques.
Recognizing the crucial role of National Institutions, the United Nations has involved them
in its efforts to draft a new convention on the rights of persons with disability. The Indian
Commission, as Chair of Asia Pacific Forum of National Human Rights Institutions in 2003,
co-hosted an international Workshop of National Institutions from Asia Pacific and
Commonwealth Countries between 26 – 29 May 2003 in New Delhi to deliberate on the
rights of the disabled. The Workshop called for a paradigm shift from a welfare-based
approach to a rights-based one. The Workshop concretized a proposal regarding the nature,
structure, principles and elements of the proposed Comprehensive and Integral United
Nations Convention to Promote and Protect the Rights of Persons with Disabilities.
This proposal was submitted to the Second Ad Hoc Committee of the United
Nations. There is a need to further develop such cooperation between the National Institutions
and the Office of the High Commissioner for Human Rights, treaty bodies and other
UN agencies working on human rights issues. The National Institutions must be given
their rightful role.
The National Human Rights Commission of India, the Canadian Human Rights Commission
and the Indira Gandhi National Open University have taken up jointly a project on the rights of
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