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Indo - Gulf Reparation Mechanisms’

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Key Recommendations

January 30, 2013

Panikkaveetil K. Jabir
5th Floor, Metro Plaza Building
Market Road, Kochi, Kerala – 682 014.

To
Shri Salman Khurshid,
Hon’ble Minister for External Affairs,
Ministry of External Affairs,
Government of India,
South Block,
NEW DELHI.

Sub: Representation for ‘Indo-Gulf Reparation Mechanisms’ - [Strategy Formulation and Implementation of a Mutual Human Rights Law and Reparation Mechanisms Between the Government of India and the GCC (Gulf Cooperation Council) countries, mandating our elected representatives and officials to eliminate discrimination and imbalances of Non-resident Indians (NRIs) working in different countries. This also involvesthe recognition and protection of the dignity and respect of individuals].

Key Recommendations:

The petitioner earnestly appealsto the Government of India to evolve an Indo-Gulf Reparation Mechanism, to wipe off the tears from the eyes of many thousand overseas Indians toiling in the desert land, and their family members.

The petitioner submits hereunder the major recommendations that could be considered by the Government expeditiously and meaningfully:

  • a) Establishment of an ‘Indian Migrant Cell’.  It should have the required high status and power.  Technical experts and involvement of a UN Special Rapporteur on Human Rights of Migrants, the UNHCR, the International Labour Organization (ILO) and the International Organization for Migration (IOM) included.

  • b) Establishment of the MOA (Memorandum of Agreement) and MOU (Memorandum of Understanding) with regards to the Strategy Formulation and Implementation of a Mutual Reparation Mechanism Between India and the GCC countries for safeguarding the rights and dignity of NRIs and ensuring quick relief to the suffering migrants, as regards working condition, assurance for continued contacts with family and safe return to the home, without any tension, suspense or torment.

  • c) Ensuring periodic visits by representatives of the Indian Government and of the Kerala and other State Governments about the living conditions of persons confined to prisons.  That too is an incident of Human Right.

  • d) Educational arrangements to inform officials and non-officials concerned of the rights and interests of the migrants including the scope of UN Human Rights Special Procedures Mechanisms.

  • e) To ensure effective and meaningful participation of the representatives of the Government of India in the meetings of Inter-American Charter Session, European Union Charter Session and the African Union Charter Session.

  • f) Creation of a Reparation Fund on lines similar to the UN Trust Fund for Victims, for affording quickest relief as regards reparation to the victims of Human Rights Violation.

The petitioner prays that he may be afforded the facility to call on the Secretary and the Hon’ble Minister to explain the various aspects of the sufferings of the Indian migrants, with a view to make available to them the full protection of Human Rights in letter and spirit.

(Panikkaveetil K. Jabir)
Petitioner.

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Reference resources:

Is the External Affairs Ministry of India above the Law?

The External Affairs Ministry, Government of India, Respondent in C.W.No.4972/97 (C.M.9144/97) was directed by High Court of Delhi, an order of mandamus to dispose of the representation submitted by petitioner within two months of the date of the Judgment. The directives contained in the judgment of Delhi High Court was dated 20-11-1997. The External Affairs Ministry, Government of India, was directed by High Court of Delhi to dispose of the representation submitted by petitioner within two months of the date of the Judgment. The directives contained in the judgment of Delhi High Court was dated 20-11-1997. In total negation of such a specific order of the Delhi High Court, the External Affairs Ministry, despite the lapse of 16 years of date of the judgment, demonstrates a blatant disrespect to the law of the country. The legal instruments that a society or government develops in order to deal effectively with crime and meaningful relief to victims of their circumstances. Full text: Is the External Affairs Ministry of India above the Law?...Read More

Read all publications’ report on Active involvement in the process of getting justice and its implications’


Forum submissions:

Representation for ‘Indo-Gulf Reparation Mechanisms’ - Reparation Law

Representation for ‘Indo-Gulf Reparation Mechanisms’ - Migrant Forum


Invest in a Judgment

Prospects:- International human rights treaties and instruments provide that victims of international crimes have the right to seek and obtain effective remedies for the violation of their rights. In honouring the victims’ right to benefit from remedies and reparation, the international community keeps faith with the plight of victims, survivors and future human generations and reaffirms international law in the field...International Courts and Tribunals

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