Legal Cell

facebook  twitter   youtube  flagcampaign

Home » Statepractices » Reparation Mechanisms India Gulf Features




Reparation Mechanisms Between India and Gulf Countries

Recognizing that, 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 the international legal [Resolution adopted by the United Nations General Assembly A/60/509/Add.1)]

Date: 28 Dec 2012 Kochi

“The individual’s 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 Justice” 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 “the Court”) nor any ‘Reparation Mechanisms’ 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 ‘crude oil’ 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 ‘Reparation Mechanism’ to provide reparations to its citizens, who are victims of various cruelties meted out in foreign States. The sufferings of the ‘victims’ 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 ‘war victims’ 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. Hon’ble 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: info@legalcell.com

Mail Address:-
M/S. Overseas Indians’ Legal Cell
Subject: ‘Reparation Mechanisms’
MintValley Corporate Centre
5th Floor, Metro Plaza Building, Market Road, Kochi – 682 014.
Phone. 4011134 / 35 / 37 / 2394640 / Mob. 96053 77000.
List of participating websites: reparationlaw.comlegalcell.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

Visit Reparation law updates: Indo-Gulf Human Rights Protection Mechanisms

 

Principal Resources:-

International Human Rights Law & Protection Mechanisms’
The United Nations is an international organization founded in 1945. All Member States of United Nations (UN) have an obligation to promote and protect Human Rights and fundamental freedoms as stated (in Articles 55 and 56) in the Charter of the United Nations. The UN Charter | The General Assembly | The Security Council | International Court of Justice | OHCHR | UN Charter-Based Mechanisms | UN Human Rights Council | UN Treaty-based bodies | International Human Rights | Special Procedures of the Human Rights Council | The Paris Principles | The UN system | The Trust Fund for Victims (TFV) | Complaint Procedure

Global Practice of ‘Human Rights Law & Protection Mechanism’
Since the establishment of United Nations, a wide range of Human Rights instruments have been developed in different regions of the world to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.
American Mechanisms | European Mechanisms | African Mechanisms | The Paris Principles | The Human Rights Council | International Human Rights Mechanisms

(2) IX. Reparation for harm suffered (A/RES/60/147)
"States shall, with respect to claims by victims, enforce domestic judgements for reparation against individuals or entities liable for the harm suffered and endeavour to enforce valid foreign legal judgements for reparation in accordance with domestic law and international legal obligations. To that end, States should provide under their domestic laws effective mechanisms for the enforcement of reparation judgements" Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. rights-remedy-reparations-general-assembly.pdf (size 146 kb) 

(3) Article 8 of the Universal Declaration of Human Rights expresses this principle as follows:- "Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law." Universal Declaration of HumanRights, G.A. Res. 217A, art. 8, U.N. GAOR, 3d Sess., 1st plen. Ntg,m U.N.Doc. A/810 (Dec. 12, 1948)

(4) Article 2(3) of the International Covenant on Civil and Political Rights obligates States "to ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy," and "[t]o ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities." International Covenant on Civil and Political Rights, art.2(3), Dec. 16. 1966, S. Exec. Doc. E, Doc.E, 95-2 (1978), 999 U.N.T.S. 171 [International Covenant on Civil and Political Rights - ICCPR].

(5) Human Rights Treaties Obligate States to Provide Effective Remedies for Victims of Human Rights Violations. The principle of effective remedy, or effective reparation is a golden thread that runs through all modern international human rights treaties (American Bar Council). Professor Theo van Boven, an expert in the field of remedies for violations of international human rights law, explained the legal principle as follows:- "As the result of an international normative process the legal basis for a right to a remedy and reparation became firmly anchored in the elaborate corpus of international human rights instruments, now widely ratified by States." (Adopted by General Assembly resolution 40/34 of 29 November 1985 - Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power)
justice-for-victim-of-crime.pdf
(size 79.6 kb) 

(6) Legal Framework of Rome Statute
The legal framework of Rome Statute is based on respect for individual rights and freedoms and included mechanisms to ensure impartial justice...The full text


Useful Links:-

The Universal Declaration of Human Rights...Read More

What’s Reparation Law?
The various forms of reparation law and their scope and content, covering both monetary and non-monetary reparations, may be summarized in its five forms consists restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. Reparation shall render justice by removing or redressing the consequences of the wrongful acts and by preventing and deterring violations... What’s Reparation Law

Defining the Goals of Reparations
The quest for protecting individuals from mass atrocities is as old as the UN Charter and the Universal Declaration of Human Rights. 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... Defining the Goals of Reparations

The Concept of Reparations
Reparation for the victims or survivors of torture, which is their right under international and many national laws, is becoming more and more a realistic possibility. As a result, many legal academics and lawyers, sociologists, medical practitioners and psychologists are now discussing the concept of reparation...The Concept of Reparations

Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law.
http://www.reparationlaw.com/statepractices/remedy-reparations-state-responsibilities.php

An introductory note by Prof. Dr. Theo van Boven
http://www.reparationlaw.com/resources/treaties-international-law-scholars-experts/

A Handbook on Justice for Victims
A Handbook on Justice for Victims based on the use and application of the ‘Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power’....More

A Handbook Implementing Victims' Rights
Handbook on the Basic Principles and Guidelines on the Right to a Remedy and Reparation - Handbook prepared by The Redress Trust
http://www.redress.org/downloads/publications/Reparation%20Principles.pdf

Reparations Law Debate:-
Reparation has progressively been conceived as a ‘Right’ of victims.


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

abu-dhabi-judgment-for-sale

'Contact Us' with any relevant enquiries and we will endeavour to answer them at the earliest possible

Partners

Legalcell   Web2.0

human_rights  TLD Bank