PERMANENT MISSION OF INDIA TO THE UN, GENEVA

HUMAN RIGHTS COUNCIL

29thSESSION (15 June-03 July2015)

AGENDA ITEM 3: Interactive Dialogue with the Special Rapporteur on theright to freedom of peaceful assembly and association and the Special Rapporteur on the right to freedomof expression.

(17June 2015)

Statement by H.E. Mr. Ajit Kumar, Ambassador/PR of India to UN, Geneva

Mr. President

1. We thank the two Special Rapporteursfor their reports. Our statement is restricted to the report of the Special Rapporteur on the right to freedom of peaceful assembly and association.

2. In his report, the Special Rapporteur has highlighted the issues of legislation and practices that violate the right to peaceful assembly, in the specific context of natural resource exploitation. The SR points to the need for regulation of natural resource exploitation sector at the international level. We would be interested in knowing if there are any concrete suggestionsthat the SR might have in this regard.

3. The SR has alluded to a number of recommendations for corporations in his report. The SR alsomentions that voluntary obligations of corporations are insufficient in protecting and promoting human rights of the affected populations albeit most of the examples of corporate responsibility guidelines cited in the report are voluntary in nature.  We would request the SR to share his views on alternatives to voluntary obligations that could be operated in a democratic politicalframework.

4. The citizens have an important role in natural resource governance, as management of natural resources is a shared interest. There are inherent challenges to balance the needs of an enabling business environment with protection of human rights of the affected communities.

5. The Special Rapporteur has cited some instances concerning India in his report. We note that SR’s report is dated 28 April 2015 while the incidents referred date back to a visit by another SR in January 2011. One particular reference has been repeated from last year’s report to which we had responded. We would again like to ask the SR whether these cases have been verified with the Government. The freedom of peaceful assembly and association is enshrined as a fundamental right in Article 19 of the Indian Constitution. This freedom extends to all citizens without discrimination and distinction of any kind. The fiercely independent judiciary of India stands as a bulwark of remedial action in case of any violations.

6. The report refers to instances of blocking of funds of environmental NGOs. There are thousands of NGOs receiving foreign funding in India. Highlighting the cause of one organization without explaining the case in its legal entirety reflects misplaced enthusiasm.  We also would like to hear from the SR whether NGOs operating in a country should comply with financial accountability norms prescribed for them, and what in his opinion should a Government do if there are violations to such established and notified norms.

Thank you, Mr. President.

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