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Reparation Mechanisms Between India and Gulf Countries
Date: 28 Dec 2012 Kochi
âThe individualâs Right to Reparation is expressly guaranteed by Global and Regional Human Rights Instruments. Due recognition of victimhood plays a very important role in reparations granted by international human rights law - Permanent Court of International Justiceâ It is in this context that we proposed to submit a representation to the government of India, the Ministry of External Affairs (MEA) and the Ministry of Overseas Indian Affairs (MOIA) to evolve an effective Reparation Mechanism between the Union Government of India and the Gulf Countries in order to help the harm suffered.
The larger part of the Principles and Guidelines, with strong domestic law implications, sets out the status and the rights of victims, and corresponds to the title of the document as it refers to the right of victims to a remedy and reparation. (Resolution adopted by the General Assembly remedies [UN] 11-23). It is a well known fact, that India is not a signatory of the Rome Statute of United Nations, the 'constitutional' principle of the permanent International Criminal Court (ICC or âthe Courtâ) nor any âReparation Mechanismsâ within its own territory as a matter of domestic jurisdiction.
There have been strong business relations between India and the Arab Gulf Countries for the past many centuries. With the advent of âcrude oilâ in the gulf, the trade and commerce as well as migration of workers to these part of world have multiplied many-folds. According to a recent report, there are six million expatriate Indians living and working in Gulf Countries, sending back remittances of more than $USD 40 billion annually. The number of intolerable human suffering and many other legal issues have also increased considerably. Unfortunately we don't have any âReparation Mechanismâ to provide reparations to its citizens, who are victims of various cruelties meted out in foreign States. The sufferings of the âvictimsâ continues unabated.
The right to a remedy and reparation for the breach of human rights is a fundamental principle of international law recognized in numerous treaty texts and affirmed by a range of national and international courts. Reparation shall render justice by removing or redressing the consequences of the wrongful acts and by preventing and deterring violations. The five forms of reparations are explained here namely (1) restitution, (2) compensation, (3) rehabilitation, (4) satisfaction and (5) guarantees of non-repetition.
Thousands of innocent Indians who were either employees in Kuwait or their family members became âwar victimsâ when Iraq attacked Kuwait due to ethnic-political reasons. These Indians had to flee from Kuwait, leaving their jobs and the valuables. The United Nations had arranged sufficient funds for their reparation through the UNCC. But the External Affairs Ministry of India (MoEA) did not submit the required statistics and information to the UN in time. Therefore, the Kuwait War Returnees numbering thousands lost the opportunity to receive the reparation for which they were entitled to and for which the UN had already provided sufficient funds. (The Hindu dated 15 Jul, 2012)
Towards this end, it is felt essential to make some sincere move to convince the authorities concerned of the need to develop and set in place an efficient Reparation Mechanism in India to benefit the victims of NRIs working in many parts of the world.
It is proposed to submit a representation to the government of India, the Ministry of External Affairs (MEA) and the Ministry of Overseas Indian Affairs (MOIA) to evolve an effective Reparation Mechanism in order to help and support the victims. Honâble Mr. Justice .V.R.Krishna Iyer, retired Judge of the Supreme Court of India, has given a preface to the book to be brought for the purpose.
The following papers are proposed to be compiled in a book form, under the able guidance of eminent lawyers at Supreme Court of India.
- 1. An Introduction to Reparation Law, its scope and possible benefits to NRIs.
- 2. The need for an adequate reparation mechanisms between India and Gulf Countries where Human Rights violations so rampant.
- 3. The need for having a MOU between India and Gulf countries for the protection and welfare of NRIs and improving their working conditions, timely payment of salary, Health Insurance, Security etc.
- 4. Need to create a Sovereign Reparation Fund for affording reparations to the victims of Human Rights Violations for both, national and international level.
- 5. The case where the NRIs of Kuwait War victims were denied the reparations they were eligible for, due to the inaction of the External Affairs Ministry, Government of India, despite there being adequate fund allocation by the UN.
- 6. About the information of existing Reparation systems in Europe, Inter-America and other developed Countries for the purposes of comparison and awareness.
- 7.A set of letters between External Ministry of India and a UAE torture survivor under the Right To Information Act (RTI).
- 8. Report on Rome Statute of the ICC as a viable working tool for International Criminal Justice, the texts of the Statute towards effective remedies to victims, including reparations.
Non Resident Indians (NRIs) are requested to extend their cooperation and support to this noble endeavours
NRIs may offer their comments or suggestions to support our efforts. The valuable suggestions of NGOs and Legal Professionals in the matter are also earnestly solicited.
The articles/documents on the subject may please be sent to: firstname.lastname@example.org
M/S. Overseas Indiansâ Legal Cell
Subject: âReparation Mechanismsâ
MintValley Corporate Centre
5th Floor, Metro Plaza Building, Market Road, Kochi â 682 014.
Phone. 4011134 / 35 / 37 / 2394640 / Mob. 96053 77000.
List of participating websites: reparationlaw.com, legalcell.com, lawyersindia.com
N.B. The details are also intended to be circulated among the delegates and officials who will be attending the ensuing Pravasi Bharathiya Divas (PBD INDIA), on Jan (7 to 9), 2013 at Kochi.
Last updated 30 Dec, 2012
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