“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. Number of intolerable human suffering and many other legal issues are 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 Government of India has a sincere responsibility to safeguard its NRIs against threats of any kind at their place of work, especially the fearful and dangerous phenomena of trapping them in false cases including false imprisonment and unlawful deportation. By doing so the Government of India will be doing its commitment and duty to protect its citizens working abroad. It is all the more necessary in view of a recent issue of two Italian Mariners of the Ship, Enrica Lexy, the Government of Italy took keen interest and their ministers came to India to negotiate with the authorities to settle the case.
Read report: Reparation Mechanisms Between India and Gulf Countries