For favour of publication, please. =Averthanus= _____
WHY A HUMAN RIGHTS COMMISSION? Averthanus L. D'Souza. Does the multiplication of political or judicial institutions automatically improve the condition of the citizens? This is a question that needs to be examined carefully both by the citizens of Goa as well as by their elected "representatives." The Chief Minister of Goa grandiloquently made the announcement during the flag hoisting ceremony on India's Independence Day that his government had decided to constitute a Goa Human Rights Commission, separate from the Human Rights Commission which already exists for Maharashtra and Goa. His announcement was received with enthusiasm by a young, enthusiastic MLA, who rejoiced that Goa would now have its "own" Human Rights Commission like 17 other States which have already established such commissions. Is it merely a matter of prestige to have a Human Rights Commission, just because other States have one? What is the purpose of having a Human Rights Commission? In Goa we have shown a tendency to "outsource" responsibility which should normally have been exercised by the State Government. The former Chief Minister, Mr. Manohar Parrikar, can be credited with the start of this "fashion" of passing on to Corporations and outside Consultants, works which normally should have been done by the different Departments of the State. To mention just a few examples: the operation and maintenance of the sewage system in Panjim which is the responsibility of the Public Works Department ground to a complete halt. The PWD was unable to carry out this assignment. When it was pointed out to the then Chief Minister that raw sewage was being pumped out into the River Mandovi at Miramar without being treated at the Sewage Treatment Plant at Tonca, he called for an explanation from the Engineer in charge. The report was fudged. The C.M. was annoyed. However, instead of hauling the defaulting engineers over the coals, the C.M. set up a Sewage and Infrastructural Development Corporation, in the hope that this new Corporation would do better than the P.W.D. It should be noted that the section of the P.W.D. which dealt with this subject was not disbanded. The fact remains that in spite of the creation of the Sewage and Infrastructural Development Corporation there has been no improvement in the situation, and raw, untreated sewage is still being pumped directly into the River Mandovi - at grave risk, it should be noted, to the health of those who swim in the waters. Another example: the construction and maintenance of buildings, roads and other physical infrastructure is the responsibility of the P.W.D. However, because of the innumerable complaints about the inefficiency and corruption in the P.W.D. the then C.M. set up another Corporation called the Goa State Infrastructure Development Corporation (GSIDC). The rationale for setting up the GSIDC apparently was that a Corporation, as an "autonomous" body would be more efficient (and less corrupt) in carrying out the work of infrastructure development and maintenance. But we know only too well how the GSIDC is functioning. The M.L.A. from Fatorda complained during the ongoing Assembly session that the "GSIDC was a special purpose vehicle floated for undertaking major infrastructure development works, but it has now been reduced to taking projects of hot mixing of roads." There is no need to give further examples of how responsibilities which should have been handled by the various Departments of the Government have been allocated to "Corporations" which have turned out to be even worse than the Departments. The latest news is that the Minister for Science, Technology and the Environment informed the Legislative Assembly that he was setting up a new Solid Waste Management Corporation to manage the garbage problem in rural Goa. The legal responsibility of the various Municipal bodies and the Village Panchayats to collect, treat, and dispose of municipal solid waste remains intact. The creation of the new Solid Waste Management Corporation will only add to the existing confusion about who is really responsible for clearing up the mess; or more appropriately, for the creation of the mess. The game of passing the buck will become even more complex. This brings us to the consideration of the decision of the Kamat Government to set up a Human Rights Commission in Goa By all common sense reasoning, the protection of the rights of its citizens is the primary responsibility of the Government itself. It has all the institutional infrastructure - the Departments, the Police establishment, the Judiciary and the Jails to ensure the protection of human rights. Where is the need to constitute another Human Rights Commission? What are the Terms of Reference of this proposed Human Rights Commission? These Terms have not yet been made public. Is the setting up of this H.R. Commission to be construed as an abdication by the Government of its responsibility to protect the rights of its citizens? Will the Human Rights Commission take cognizance only of allegations made by individuals or groups of citizens of violation of their rights by other citizens or groups of citizens - or will this Commission also entertain complaints made by the citizens of the violation of their rights by the Government itself? Our experience, specially in more recent times, shows that the biggest violater of human rights is the Government itself. In collusion with land sharks, the Government has acquired and sold off huge amounts of prime agricultural land to Real Estate developers without the consent of the citizens - who have now risen up, unanimously in protest, now that the enormity of the sell-out has become clearer. The Government has illegally permitted the incursion of casinos into the river waters of Goa in total violation of its own laws. The Government has permitted the denudation of forests in spite of public protests. Under the guise of promoting tourism in the State, the Government has made Goa into a safe haven for the import, transshipment, and use of narcotic drugs. Under the very nose of the Government, Goa has become the destination for international prostitution and the sexual abuse of children. The list can be extended indefinitely. These are clear cases of the blatant abuse of Human Rights by the very Government which has announced its intention of setting up a Goa Human Rights Commission. An eminent Goan political scientist described the situation in Goa as being one in which the Government preyed on its own citizens. The situation cannot get much worse than it is at present. The announcement of the setting up of the Goa Human Rights Commission, appears, prima facie, to be a progressive step. Most citizens, who have not taken a closer look at the issues involved, will probably welcome the announcement. More discerning citizens, however, (who have become sceptical of the Government's real motives) will hold their breath until the Terms of Reference of this Commission have been made public - which, we hope, will be very soon. Averthanus L. D'Souza, D-13, La Marvel Colony, Dona Paula, Goa 403 004. Tel: 2453628.