NCPRI Convention on Grievance Redress and Whistleblower Protection
(October 10,11, Delhi)
In July 2011, NCPRI unveiled its Lokpal Basket of collective and
concurrent Anticorruption and Grievance Redress measures after a
series of consultations. Two key elements of this basket are
legislative initiatives for grievance redress and whistleblower
protection. To discuss these two proposed mechanisms further, NCPRI
along with other citizen groups organized a two-day national
convention on Grievance Redress and Whistleblower Convention on Oct
10-11, 2011 at Blue Bells School in Delhi.
Campaigns and citizen groups such as MKSS, SNS, CHRI, PUCL
(Rajasthan), RTF, NFIW, RTI Manch (Rajasthan), NAPM, NCDHR, NACDOR,
Pratirodh, SR Abhiyan, Accountability Initiative, JJS (Bihar),
Inclusive Media For Change are some of the co-organizers of the
Convention.
The Convention kicked off its first day with speeches by Binayak Sen,
Shekhar Singh and Aruna Roy. Kavita Srivastava, Himanshu Kumar, and
Kuldip Nayyar also made brief comments.
Salient points of the speeches are as under:
· Aruna Roy: Highlighted the need for different types of
processes and resolutions for different types of mal-governance such
as corruption and grievances, and thus the separation of legislations
for corruption and grievances in the Lokpal Basket. Also underlines
that effective grievance redress mechanisms must be decentralized,
transparent and accessible.
· Binayak Sen: Spoke of the escalating state repression on people
who fight injustice. Also highlighted the differential reception for
those who fight injustice vis-à-vis those who fight corruption.
· Shekhar Singh: said that non-performance by a state functionary
is equivalent to corruption, and both need reparative and punitive
action. Also exhorted the populace to demand their due from the
government instead of being resigned to half-measures
· Kavita Srivastava: Used the recent raid by the Chattisgarh and
Rajasthan police at her home in search of an alleged naxalite, Soni
Sori to set the context in which human right defenders were targeted
by the state through undemocratic laws. Highlighted that progressive
laws are but tools, real change was contingent on people's
mobilization for their implementation.
· Himanshu Kumar: Highlighted the growing nexus between state and
corporations leading to marginalization and displacement of people in
the name of development
· Kuldip Nayyar: Chronicled the struggle for passage of the RTI
ACT, and the innovative ways it was being put to use from grassroots
to access entitlements and other issues of strategic importance
· Participants debated the proposed mechanisms of grievance
redress within the context of different sectors in 15 parallel
sectoral workshops on PDS, health, education, panchayats, ICDS, social
security, NREGA, social exclusion, RTI etc through the two days.
To ensure rounded discussion on the challenges and potential of the
implementation of proposed mechanisms, bureaucrats and politicians
also participated in an open session. From the bureaucracy,
participants included: Harsh Mander, KB Saxena, Shekhar Singh, Anita
Kaul, Mr Raju, Alok Shukla, Shailesh Gandhi, and Wajahat Habbibullah.
Comrade Brinda Karat and Comrade D Raja represented the political
class. Important points that emerged from this discussion include:
1. People's Support Center is pivotal since often people don't
know how to articulate their legitimate grievances
2. Complete and effective implementation of any grievance redress
law requires that the government allocate resources commensurate to
entitlements guaranteed
3. The increasing rate of privatization needs new legislation to
ensure redress of people's problems, and thus PPPs should be included
within the ambit of the law
4. The need to customize grievance redress processes within the
legislation for different types of grievance
Other notable participants include Mohan Gopal, Annie Raja, Sukumar
Muralidharan, Bharat Dogra, Ashok Bharti, Neelabh Mishra, Arundhuti
Dhuri, Vipul Mudgul, Anuradha Talwar, Sheila didi and others.
The Convention saw two drama performances. A drama group from
different parts of Rajasthan under the direction of Tripurari Sharma,
faculty at NSD put together a play to highlight people's struggle for
resolution of their grievances even in the face of violence and state
callousness. The main protagonists of the play, Mangla Ram and Avdesh
Kumar were also present at the Convention, and spoke with
determination of their persistence in the struggle against entrenched
power using the RTI law. Their interventions again highlighted the
need for effective resolution of people's grievances.
Dastan Goi also performed their play, Dastan e Sedition.
The Convention concluded with resolutions passed by general consensus.
These include:
1. There is unanimous agreement that we do not want any amendments
to the RTI Act. Before considering any amendments, thorough public
consultation must be held
2. There is unanimous agreement that there must be a Grievance
Redress law and Whistleblower Protection.
3. The government is urged to put up draft Bills on Grievance
Redress and Whistleblower Protection for widespread public
consultation immediately
4. Grievance Redress mechanism must be as decentralized as
possible, must be independent, and have an element of people's
support.
5. The definition of whistleblowing must be expanded beyond
institutional and economic corruption to include injustice and
arbitrary use of power
6. The grievance redress mechanisms and other institutions must
have the ability to use whisteblowers law to afford protection to
those filing complaints/grievances.
7. The draft Bills will be reworked based on discussion by
participants in their own regions. More consultations will also be
initiated. The draft Bills will be sent to the government along with
comments.
8. Any private body charged with implementation of any entitlement
or sovereign functions under any government program or law must come
within the ambit of the Grievance Redress Bill
9. There must be representation from all marginalized segments of
the society along with provision for regional variation for all
offices and functionaries established under the law
Signed/-
Nikhil Dey, Venkatesh Nayak, Anjali Bhardwaj
(Co-conveners, NCPRI)
Dated: Oct 11, 2011
No comments:
Post a Comment